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Ord 16-02ORDINANCE NO. 16-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2002-1 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 2002-1 AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTWE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, 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 2002-1"; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on May 20, 2002 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 2002-1 be transmitted; and WHERRAS, proposed Comprehensive Plan Amendment 2002-1 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public heatings on Comprehensive Plan Amendment 2002-1 was held by the City Commission on July 16, 2002, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and CITY COMMISSION DOCUMENTATION TO: THRU: FROM: SUBJECT: DAVI~.~D~_~xY MANAGER PAUE DORLING, DIR~(i;;OR OF PLAN=~ AN D~f,~O, NING DAN MARFINO, PRINCIPAL PLANNER~~,'/~~ **' ~ ** MEETING OF OCTOBER 15, 2002 PUBLIC HEA~RING** ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 02-'1 BACKGROUND Comprehensive Plan Amendment 02-1 was transmitted to the Florida Department of Community Affairs (DCA) for review following a public hearing held by the City Commission on July 16, 2002. This meeting was also the first reading of the Adoption Ordinance (No. 16-02). DCA staff reviewed the amendment and declined to issue an Objections, Recommendations, and Comments (ORC) Report on September 5, 2002. One item, the modification of Table CI-ClP of the Capital Improvement Element, was not part of the Transmittal Amendment, and is being added at this time. The changes made to this table, reflect the newly adopted budget for FY 2002-03. This item was considered by the Planning & Zoning Board at their meeting of September 9, 2002, and by the City Commission at their meeting of September 17, 2002. In summary, the amendment now includes: three (3) City-initiated Future Land Use Map amendments; and six (6) City-initiated text changes. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board considered Amendment 02-1 at a public hearing on May 20, 2002, and recommended approval of the transmittal of the amendment to the Florida Department of Community Affairs. As DCA declined to issue an ORC report regarding Amendment 02-1, it was not necessary for the amendment to be brought before the Planning & Zoning Board again, and is consequently proceeding directly to City Commission for adoption. RECOMMENDED ACTION ,I By motion, approve on second and final reading Comprehensive Plan Amendment 02-1 (Ordinance 16-02). Attachments: · Ordinance 16-02 · Comprehensive Plan Amendment 02-1 S:~LongRange~Comp~Amend 02-1~02-1 CC-Adoption. doc ORDINANCE NO. 16-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2002-1 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 2002-1 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, inclusive, 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 2002-1"; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public heanng on May 20, 2002 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 2002-1 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2002-1 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2002-1 was held by the City Commission on July 16, 2002, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2002-1 was found to be in compliance by the Florida Department of Community Affairs and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2002-1 was held on October 1, 2002, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DEL1LAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2002- 1 ", which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2002-1". Section 4. That should any section or provis:on of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Commumty Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 2 ORD. NO. 16-02 PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2002. ATTEST MAYOR City Clerk First Reading Second Reading 3 OR.D. NO. 16-02 CITY OF DELRAY BEACH, FLORIDA COMPREHENSIVE PLAN AMENDMENT 2002 1 Planning & Zoning Board Transmittal Public Hearing May 20, 2002 City Commission Transmittal Public Hearing July 16, 2002 COMPREHENSIVE PLAN AMENDMENT CITY OF DELRAY BEACH, FLORIDA 02-1 ~ TABLE OF CONTENTS ,., Pa;e AMENDMENTS TO THE FUTURE LAND USE MAP City Owned Parcels Winterplace PUD (aka The Colony at Delray Beach) Gleason Street Parcels 2 2 3 3 4 4 TEXT CHANGES - (CITY INITIATED) FUTURE LAND USE ELEMENT Policy A-2.5 (Modifying Land Development Regulations regarding non-conforming uses) Policy A-5.1 (Review and Update of LDRs) Policy A-5.6 (Increased Densities in General Commercial - West Atlantic Overlay) Policy B-1.1 (Southwest Park Needs) Policy C-4.2 (CBD Development Plan) PUBLIC SCHOOLS FACILITIES ELEMENT Table A-1.1 Standards for Tiered Level of Service Table A-1.2 Maximum Utilization Table 4 CAPITAL IMPROVEMENT ELEMENT Table CI-CIP Five Year Capital Improvements Schedule For Projects >$25,000 CITY OF DELRAY BEACH, FLORIDA 02-1 AMENDMENTS TO THE FUTURE LAND USE MAP City Owned Parcels City initiated Future Land Use Map amendment for City-owned parcels located in the northwest quarter of Section 12 (Range 42, Township 46), from County CliO/8 (Commercial High Office - 8 units/acre) and County MR5 (Medium Residential - 5 units/acre) to City GC (General Commercial) and LD (Low Density Residential, 0-5 units/acre), for 54.5 acres; See Support Document #1 (City Owned Parcels Future Land Use Map Amendment staff report) Winterplace PUD City initiated Future Land Use Map amendment for the Winterplace Development (aka The Colony at Delray Beach) from County MR5 (Medium Residential, 5 units/acre) to City LD (Low Density Residential, 0-5 units/acre). The parcel is approximately 34.6 acres in size, and is located on the east side of Military Trail, south of the L-30 Canal; See Support Document #2 0Ninterplace Future Land Use Map Amendment staff report) Gleason Street Parcels City initiated corrective Future Land Use Map amendment for the Gleason Street Parcels (Lots 4-8, Block 4, plat of Ocean Park), from MD (Medium Density, 5-12 du/acre) to CC (Commercial Core). The parcel is approximately 0.34 acres in size and is located on the east side of Gleason Street, approximately 100-feet south of Atlantic Avenue; See Support Document #3 (Gleason Street Parcels Future Land Use Map Amendment staff report) (l) CITY INITIA TED TEXT CHANGES FUTURE LAND USE ELEMENT 1) Location: Pg. FL-25, Policy A-2.5 (Modifying Land Development Regulations regarding non-conforming uses) Policy A-2.5 The section of the Land Development Regulations that deals with nonconforming uses and structures shall be comprehensively evaluated in order to ensure that the restrictions on the continuation, expansion, and improvement of nonconforming structures and uses are clear and enforceable. This evaluation and the subsequent LDR changes shall be completed in FY 98/99-02/03. Change: REVISION Comment: The completion date for this policy is being modified to reflect FY 02/03. 2) Location: Pg. FL-26, Policy A-5.1 (Review and Update of LDRs) Policy A-5.1 Following review of this plan, the LDRs shall be reviewed and updated for consistency with Amendment 97-1. This will occur within one (1) year from the date of adoption of the EAR based amendment. Change: ELIMINATION Comment: This policy relates to updating the Land Development Regulations for consistency with Comprehensive Plan Amendment 97-1. This task was completed within the required time frame. 3) Location: Pg. FL-26, Policy A-5.6 (Increased Densities in General Commercial - West Atlantic Overlay) Policy A-5.6 The City shall amend the General Commercial (GC) zoning district to accommodate increased multiple family densities over 12 units per acre, but not to exceed a maximum of 30 units per acre as a Conditional Use in the West Atlantic Avenue Redevelopment Area Overlay. Change: ELIMINATION Comment: This policy is being eliminated as it was accomplished with the passage of Ordinace #54-01, on November 20, 2001. 4) Location: Pg. FL-27, Policy B-1.1 (Southwest Park Needs) Policy B-1 .'1 In the area of Blood's Hammock Grove, provisions shall be made for a neighborhood park. (See Policy A-2.5 of the Open Space & Recreation Element, and Policy D-2.3 of the Public Facilities Element) Change: ELIMINATION Comment: This policy relates to the establishment of a neighborhood park in the southwest area of the City, which has been accomplished. 5) Location: Pg. FL-35, Policy C-4.2 (CBD Development Plan) Policy C-4.2 A special CBD plan shall be developed jointly by the CRA and the City. It shall address the maximum development which can be accommodated in a competitive market while still retaining the "village like, community by-the-sea" character of the CBD. It shall further identify the infrastructure requirements, including parking, which will be needed to accommodate such an intensity of development. Such a plan shall be formally processed as an amendment to the Comprehensive Plan. The plan shall be instituted under the lead of the Community Redevelopment Agency but conducted through close participation with the City's Planning & Zoning Department. Change: MODIFICATION Policy C-4.2 The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-l-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. Comment: This policy is being modified in order to reflect adoption, and create future policy direction. (3) PUBLIC SCHOOLS FACILITIES ELEMENT 6) Location: Pg. PS-31 Table A-1.1 Standards for Tiered Level of Service Pg. PS-34 Table A-1.2 Maximum Utilization Table See existing tables attached as Support Documents #4 and #5. Change: REVISION See proposed tables attached as Support Documents #6 and #7. Comment: The above listed tables are being modified to reflect the most current available data from the Palm Beach County School Board. CAPITAL IMPROVEMENT ELEMENT 7) Location: Pg. CI-28 Table CI-CIP Five Year Capital Improvements Schedule for Projects >$25,000 See existing table attached as Support Document #8. Change: REVISION See proposed table attached as Support Document #9, Comment: Table CI-CIP is being revised in order to reflect changes associated with the newly adopted budget for FY 2002-03. S:\LongRange\Comp~,mend 02-1\02-1amendment.doc (4) COMPREHENSIVE PLAN AMENDMENT 02-1 CITY OF DELRAY BEACH, FLORIDA ~ ~ SUPPORT DOCUMENTS INDEX ~ ~ INDEX # S.D. #1 ITEM City Owned Parcels FLUM Amendment Staff Report S.D. #2 Winter Place PUD FLUM Amendment Staff Report S.D. #3 Gleason Street Parcels FLUM Amendment Staff Report Ex/sting Standards for Tiered Level of Service Table (Public Schools Facilities Element - Table A-1.1) S.D. #5 Ex/sting Maximum Utilization Table (Public Schools Facilities Element- Table A-1.2) S.D. #6 Proposed Standards for Tiered Level of Service Table (Pubfic Schools Facilities Element - Table A-1.1) S.D. #7 Proposed Maximum Utilization Table (Pubfic Schools Facilities Element- Table A-1.2) S.D. #8 Ex/sting Five Year Capital Improvements Schedule For Projects >$25,000 (Captial Improvement Element, Table CI-CIP) S.D. #9 Proposed Five Year Capital Improvements Schedule For Projects >$25, 000 (Captial Improvement Element, Table CI-ClP) SUPPORT DOCUMENTS INDEX COMPREHENSIVE PLAN AMENDMENT 02-1 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #1 City Owned Parcels FLUM Amendment Staff Report SD #1 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner/Applicant ............... Location .......................... Property Size .................. Existing F~UM ................ Proposed FLUM ............. Current Zoning ................ Adjacent Zoning ..... North: East: South: West: Ex:sting Land Use ............ May 20, 2002 IV. 1-1. City Initiated Future Land Use Map Amendment From County CHO/8 (Commercial High Office - 8 Units/Acre), and MR5 (Mediur:n Residential- 5 Units/Acre) to City GC (Gene~l Commercial) and LD (Low Density Residential, 0-5 Units/Acre) for Several Parcels Located South of the L-30 Canal, Between Ba.m4ck Road and Military Trail. Located South of the L-30 Canal, Between Barwick Road and Military Trail. 54.5 Acres County CliO/8 (Commerc:al City of Delray Beach · L',', .... ,'~gh Office - 8 Units/Acre) & MR5 (Medium Residential- 5 Units/Acre) City of Delray Beach GC (General Commercial) & LD (Low Density Residential, 0-5 Uni~/Acre) County AR (Agricultural Residential) & CG (Gene, al Commercial) County AR (Agricultural Residential) & RS (Singie Family Residential) County AR (Agricultural Residential) & City of Delray Beach R-l-AA (Single Family Residential) City of Delray Beach RM (Multiple Family Residential) County AR (Agricultural) & GC (Gene, al Commercial) & PUD (Planned Unit Development) Residential Vacant, & Agricultural/Commercial The item before the Board is that of making a recommendation on a Future Land Use Map amendment from County MR-5 (Medium Residential - 5 units/acre) and County CHO/8 (Commercial High Office - 8 units/acre) to City LD (Low Density Residential, 0-5 units/acre) and City GC (General Commercial), and assign initial zoning of PRD (Planned Residential Development) and PC (Planned Commercial), for eleven (11) parcels of land located in the northwest quarter of Section 12 (Range 42, Township 46). LDR Sections 2.4.5 (A) and (D) provide rules and procedures for the processing of this petition. The ,subject parcels are generally located between Barwick Road and Military Trail, north of Lake Ida Road. The subject property contains 11 unplatted parcels of land totaiing 54.5 acres. The .subject parcels are currently in unincorporated Palm Beach County within the City's Pl~hning Area, more-particularly described as a portion of Annexation Area "E" (the North Military Trail Area), as per the Future Land Use Element of the Comprehensive Plan. All parcels were recently acquired by the City of Deiray Beach, and are being separately processed as voluntary annexations at this time. All parcels will maintain their current County Zoning and Future Land Use Map Designations; until such time that Comprehensive Plan Amendment 2002-1 (02-1) is adopted. Please see Reference Map "City Owned Parce/s FL U/vi Amendment'; for the next section. For identification purposes, each of the eleven parceis has been given an arbitrary number. These numbers correspond to numbers assigned to each parcel at the onset of acquisition by the City. The numbering system is being maintained in order to provide continuity and ease of identification. Under direction of the City, Commission, staff is in the process of issuing a Request for Proposal (RFP) to Master Plan this area for future development. Although this amendment will assign FLUM designations and individual zoning districts to the subject area, the Master Plan will descdbe a more comprehensive and detailed use of the land. General direction was given for three over-all gods: Parcels I & lA (6.63 acres), should be designated for commercial development. Due to their proximity to Military Trail, these parcds appear to be the most marketable for commercial development, and will help to off-set the tend acquisition costs incurred by the Cit-),. Consideration should a!so be given to the dedication of Planning and Zoning Board Staff RepDrt City Owned Parcels FLUM & Rezonings Pa.ue 2 right-of-way to provide access from Military Trail to the residential parcels to the east. 2. The balance of the subject area (47.87 acres) should be designated for single family residential development. Moderate-income housing should be emphasized. Reserve approximately 10-15 acres of the residential component for a neighborhood park. Preliminary analysis by the Parks & Recreation Department identified several parcels which would suitable. Emphasis will placed on certain parcels which have heavy concentrations of existing trees. The existing land uses for each of eleven properties are as follows: Parceis 1, lA, 3, 4, and 5 are vacant; Parcels 2 and 11 have single family homes; Parcels 9, 10, 17, and 18 have agriculture/commercial uses. The proposal before the board is to apply City zoning and Future Land Use Map designations to all 11 parcels. Annexation of all 11 parcels is being concurrently processed. Existing County FLUM designations and zoning will be maintained, until 'Comprehensive Plan_Amendment 02-1 is adopted. The following table represents the existing County FLUM designations and zoning, and the proposed designation of City FLUM and zoning for each parcel: EX/STING PROPOSED County County City City Parcel ID Zoning FLUM Zoning FLUM 1 AR MR-5 PC GC lA CG CHO/8 PC GC 2 RTU MR-5 PP, D LD 3 AR MR-5 PRD LD 4 AR MR-5 PRD LD 8 AR MR-5 PRD LD 9 AR MR-5 PP, D LD 10 AR MR-5 PP, D LD 11 AR MR-5 PP, D LD 17 AR MR-5 PP, D LD 18 AR MR-5 PP, D LD ,Planning and Zoning Board S'~ff Report City Owned Parcels FLUM & P, ezonings Page 3 Current Land Use Desiqnations: All parcels with exception of Parcel #lA have a County Future Land Map Designation of MR-5 (Medium Residential - 5 units/acre). · Parcel #lA has a county designation of CHO-8 (Commercial High Office - 8 units/acre). Requested Land Use Desiqnation: Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 will each be assigned a City Future Land Use Map designation of LD (Low Density Residential, 0-5 units/acre). Parcels 1 & lA will receive a designation of GC (General Commercial). Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1 (Al (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The City is seeking initial zoning designation of PC (Pianned Commercial) for Parce!s 1 & lA. Both parcels are currently vacant, and the PC zone district is consistent with the GC (General Commercial) FLUM designation. Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 are to be assigned to the PRD (Planned Residential Development) zone district. All parcels are currently vacant or underdeveloped, meaning sparse single family or agricultural/commercial uses. All commercial uses on these parcels will be phased out by the time this amendment is adopted, or will become non-conforming. The PRD zone district is consistent with the LD (Low Density Residential, 0-5 units/acre) FLUM designation. Consistency between the City and County Land Use Desiqnations: The existing County Future Land Use Map designation of MR-5 (Medium Residential- 5 units/acre) and the City's Future Land Use Map designation of LD (Low Density Residential, 0-5 units/acre) are consistent, in that both are designed for single family residential development at a maximum density of 5 units an acre. The City GC (General Commercial) FLUM designation and the County's CHO/8 are similar in that they both allow a variety of commercial and oft'ice uses, as well as multi- famity development. The main difference between the two is that the City's GC FLUM designation allows mutti-famiiy development up to 12 units an acre, where as the County designation only allows 8 units to the acre. Parcel 1 has a current County FLUM designation of MR-5 (Medium Residential- 5 units/acre), but is seeking assignment to the City GC (General Commercial) FLUM designation. While these two designations are not consistent with one another, due to this parceI's proximity to Mitbary Trail and adjacent commercial development to the west and nor[h, the designation is appropriate. Planning and Zoning Board Staff Report City Owned Parcels FLUM & ReT_onings Pa~e 4 REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: I> Demonstrated Need - That there is a need for the r~quested 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 poiicy, 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 application is being processed concurrently with an annexation application, which requires changing the FLUM designation from County to City. All parcels which are to be assigned to the__City's LD (Low Density Residential, 0-5 units/acre) designation, currently have a City ~advisory designation" of the same. Thus, the need for this designation has been established previously, and this requirement is therefore, not applicable. The proposed GC (General Commercial) FLUM designation for Parcels 1 & lA, which allows a variety of commercial, office, and multi-family residential uses, is more intense than its "advisory designations' of TRN (Transitional) and LD (Low Density Residential, 0-5 units/acre). However the subject proper[les are located immediately adjacent to commercial uses on the north and west sides. The subject property will have frontage on Military Trail, an artedal roadway, with a variety of intense commercial uses between Atlantic Avenue and the L-30 Canal. Proposed residential development to the east and existing residential development to the south can be properly protected and buffered from the future commercial development through the site plan review process. I~ Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recentty adopted Comprehensive Plan. A review of the goais, objectives and policies of the Comprehensive Pian was conducted and the followin~ appiicable objective was identified. Future Land Use Element Obfective A-f: Proper~y shall be developed or redeveioped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other appficabie physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. . Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 5 The subject property does not have any unique environmental characteristics that would prohibit development of the site or require mitigation measures. All property included in the amendment is vacant or underdeveloped, and will be developed in such a way to complement adjacent uses. ~ Concurrency - Development 'at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Water: There are existing distribution lines associated with several developments in the area, i.e. Winte .rplace (northeast comer of Milita,~' Trail 2,nd the L-30 canal) Barwick Ranch, and Sabal Lakes. As the area is proposed for development, water main extensions will be required by this development. Pursuant 1~o the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build- out. Sewer: Sewage mains and a new lift station sized for future development have been constructed as part of the infrastructure improvements of Winterplace development. With redevelopment of the subject properties, further sewer main extensions will be required. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: The proped, ies have access from either Miiitary Trail or Barwick Road. Additionally, two local roads, 133 Road South and Palm Ridge Boulevard, provide access from Barwick Road into the properties. Depending on the development pattern, additional local roads internal to future residential development are anticipated with redevelopment of the property. Military Trail and Barwick Road are under the jurisdiction of Palm Beach County. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. The development of the property under the current County MR-5 and CH-O designations and the proposed City LD and GC designations would be similar with the exception of an increase with the change of designation for parcel 1. With future development, site plan approval will be required along with a full analysis of the traffic impact. However, there is adequate capacity on Military Trail to ac~mmodate additional trips under either scenario. Parks and Open Space: The annexation of the property to accommodate future residential and commercial development will have some impact on park and recreational facilities. However, part of the future development of the area includes a public, park site. The provision of new neighborhood parks has been identified as a future need in the City's recently completed Parks and P, ecreation Master Plan. Solid Waste: The future development of this area will continue to have similar solid waste impacts. The solid waste authority has indicated they have sufficient capacity to service this area. The se,vice provider will not change, as described later in this report. Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 6 ~. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. The property is surrounded by the following Future Land Use Map Designations, Zoning Designations and Land Uses: Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 [Currently County MR-5 (fvledium Residential - 5 units/acre), proposed for City LD (Low Density Residential, 0-5 units/acre) 47.87 acres]: North: The subject property is bordered on the north by Lake Worth Drainage District L- 30 Canal, which has a 140-foot wide right-of-way, and the Ridgewood Road right-of-way (100-feet). Beyond Ridgewood Road is the Cocoa Pine Estates subdivision and several unplatted homes, with some agricultural uses. The Cocoa Pine Estates subdivision has a County FLUM designation of MR*3 (Medium Residential - 3 units/acre) and Zoning of RS/SE (Single-Family Residential, Special Exception). The unplatted parcels have a County FLUM designation of MR-3 (Medium Residential - 3 units/acre) and Zoning of AR (Agricultural Residential). East: The subject property is bordered on the east by Barwick Ranch Estates, an existing single family development with a Future Land Use Map designation of City LD (Low Density Residential, 0-5 units/acre) and an R-l-AA (Single Family Residential) zoning designation, and by the Gulf Club Estates subdivision and several unplatted single family parcels with a County FLUM designation of MR-5 (Medium Residential - 5 units/acre) and Zoning of AR (Agricultural Residential). South: The subject property is bordered on the south by two (2) unincorporated County parcels, one of which has a agricultural/commercial use, and the other is vacant. Both parcels have a County FLUM designation of MR-5 (Medium Residential - 5 units/acre) and Zoning of AR (Agricultural Residential). A portion of the subject area is also bordered on the south by the 90-foot wide Lake Worth Drainage District L-31 Canal right-of-way. Beyond the canal is the multi-family Country Manors subdivision, with a City FLUM designation of MD (Medium Density Residential, 5-12 units/acre), and zoning of RM (Multiple Family Residential). West: The subject property is bordered on the west by the Winterptace (now known as The Colony at Deiray Beach) housing development, several unpfatted single family homes, and Parcel 1, which is to receive Commercial land use and zoning designations. The Winterptace Development has a zoning of PUD (Planned Unit Development), and the unplatted homes are AR (Agricultural/Residential). ~oth have a County FLUM designation of MR-5 (Medium Residential- 5 units/acre). Parcels 1 & lA (currently County MR-5 and CHO-8, proposed for City GC (General Commercial): West: The subject property is bordered on the west by a variety of intense commercial uses, which front on Military Trail. The uses include outdoor automotive storage, automotive & marine repair, and golf cart repair and sales. The adjacent parce!s have Planning and Zoning Board Staff Report C~ Owned Parcels FLUM & Rezonings Page 7 County Land use designations of CHO-8 (Commercial High Office - 8 units/acre) and CliO-5 (Commercial High Office - 5 units/acre), and zoning of CG/SE (General Commercial - Special Exception). Parcel lA is bordered on the west by Military Trail. Beyond Military Trail there are two medical offices. Norfh: The subject property is bordered by the sam~. two commercial properties which have the golf cart repair & sales, and automotive storage uses. Soufh: The subject property is bordered on the south-by the 90-foot wide Lake Worth Drainage District L-31 Canal right-of-way. Beyond the canal is the multi-family Country Manors subdivision, with a City FLUM designation of MD (Medium Density Residential, 5-12 units/acre), and zoning of RM (Multiple Family Residential). East: The subject property is bordered on the east by Parcel 2, which currently has one (1) single family home, and a County FLUM designation of MR-5 (Medium Residential- 5 units/acre) and zoning of RTU (Residential Transitional Urban District). The proposed FLUM designation for this parcel is LD (Low Density Residential, 0-5 units/acre), with accompanying PRO (Planned Residential Development) zoning. As described in the Future Land Use Element of the Comprehensive Plan, the Low Density residential land use designation is applied to land which is developed, or to be devoloped, for single family residential uses. The majority of the land invoived in this application (47.87 ac'C~'s) is slated for, and has had an "advisory designation" of Low Density Residential. This use is compatible with all adjacent uses. The proposed FLUM designation of GC, however will allow for the development of commercial uses on parcels I & lA. As this property is currently vacant, and bordered by existing and proposed residential uses, mitigation of any adverse impacts of the commercial development, will be addressed via the site plan review process, through provision of site design and perimeter buffering. I~ Compliance - Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. As all property involved in this request is vacant or underdeveloped, compliance with the Land Development Regulations for all post-annexation development be addressed through the City's development review process. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.I (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body, Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 8 which has the authority to approve or deny the development application. These findings relate to the following four areas: Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below: Section 3.2.1 (Basis for Determinin.q Consistency): ,The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good ptanning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 CStandards for Rezoninq Actions~: Standard A, B, C and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 [Currently zoned County AR (Agricultural Residential) and RTU (Residential Transitional Urban District), proposed for City PRD (Planned Residential Development), 47.87 Acres]: As the surrounding uses are primarily residential or vacant with a small amount of commercial, compatibility with the adjacent uses is not a concern. Parcels 1 & lA [Currently zoned CG/SE (General Commercial - Special Exception) and AR (Agricultural Residential), proposed for City PC (Planned Commercial), 6.63 Acres]: Parcels 1 & IA are bordered by commercial uses on two sides and residential on two sides. Compatibiiity is an issue with the ~:w3 residential uses, but as both parcels are currently vacant, future commercial development would be subject to the City's development review process. Thus any potential adverse impacts can be properly mitigated through the applicable requirements of the Land Development Regulations. Planning and Zoning Board Staff Report 'City Owned Parceis FLUM & Rezonings Page 9 Section 2.4.5(D){5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error;, That there has been a change in circumstances which make the current zoning inappropriate; That the. requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more apc)roariate for the property based upon circumstances particular to the site and/or neighborhood. Items "b" and "c" are the basis for which the rezoning should be granted. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Deiray Beach Planning Area, as defined in the Comprehensive Plan. The City, being the current owner, is seeking annexation of this property into the City, which requires tha~ appropriate City zoning designations be applied. The requested GC (General Commercial) zoning ~'~d PRD (Planned Residential Development) zoning is consistent with the GC (General Commercial) and LD (Low Density Residential, 0-5 units/acre) designations, respectively. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Properties involved with this proposal are vacant or have sporadic single family structures. There are several commercial/agricultural uses located with the subject area, which will be phased out, and the single famity homes will be demolished in order to provide for a larger master planned community. Ail post-annexation development, both commercial and residential, will be through the City's development review process, and in compliance with all Land Development Regulations. The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (HisToric Preservation 3oard). Palm Beach County Notice: On April 10, 2002 the Palm Beach County Planning Division was notified of the City's intent To annex this property. To date, a response has not been received. Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 10 IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the lnteflocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. CourteCy Notice: Courtesy notices were sent to the following homeowner's and civic associations: · Progressive Residen~ of Delray (PROD) · President's Council · United Property Owners · Barwick Estates HOA · Sabal Lakes HOA · Chatelaine HOA · Country Manors HOA RainberryWoods HOA Public Notice: ,Formal public notice has been provided to all property owners within a 500 foot radius of th~'subject property.-'T_etters of objection, if any, will be presented at the Planning and Zoning Board meeting. The requested LD (Low Density Residential, 0-5 units/acre) Future Land Use Map designation is appropriate given that the advisory designations and long term plans for this area are Iow density single family residential. The PRD (Planned Residential Development) zone district is consistent with the LD FLUM designation. The GC (General Commercial) FLUM designation, although not the advisory designation for this area, is an appropriate use for the area, given its proximity to Military Trail and compatibility with adjacent commercial uses. The proposed PC (Planned Commercial) zone distdct is consistent with the GC (General Commercial) FLUM designation, issues and concerns with adjacent residential uses and impacts of commercial development ca~ be properly mitigated through the City's development process. Planning and Zoning Board Staff Report City Owned Parcels FLUM & R~zonings Pag~ 11 A. Continue with dire~on. Recommend approval of the Future Land Use Map amendments from County CliO/8 (Commercial High Office - 8 units/acre) and MR-5 (Medium Residential- 5 units/acre) to City GC (General Commercial) and LD (Low Density Residential, 0-5 units/acre) and initial zoning designations of PC (Planned Commercial) and PRD (Planned Residential Development), based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations and the Goals, Objectives, and Poiicies of the Comprehensive Pian Recommend denial of the Future Land Use Map amendments from County CHO/8 (Commercial High Office - 8 units/acre) and MR-5 (Medium Residential- 5 units/acre) to City GC (General Commercial) and LD (Low Density Residential, 0-5 units/acre) and initial zoning designations of PC (Planned Commercial) and PRD (PlannedJ~esidential Development), with the basis stated. Recommend approval of the Future Land Use Map amendments from County CHO/8 (Commercial High Office - 8 units/acre) and MR-5 (Medium Residential - 5 units/acre) to City GC (General Commercial) and LD (Low Density Residential, 0-5 units/acre) and initial zoning designations of PC (Planned Commercial) and PRD (Planned Residential Development), based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations and the Goals, Objectives, and Policies of the Comprehensive Ptan Attachmems: Location Map Aerial Photo Map s:\plannin~ & zoning~boards\p&z board'~ci~yownedfium.doc ,Y ~,~.5 ROAD'~ SOUTH L-31 ~ VAC SFR VAC VAO AR RTU AR MR5 MR~ MR5 ..r~i ill illlll ill llllllllllll illlllllllllllllllllllllll·llllllllllllllllllllmSITY LIMITSItL1 II ~ CANAL I N.W gTH N MAY 2002 .... Cf fY LIMITS ....... ', (~)- PARCEL ID (5.o) - ACREAGE CITY OWNED PARCELS F L.U.IVi. AMENDMENT , AG R --- --x:ST:N~ LAND USE AGR ~COM , SFR VAC A?, ---- COUNTY ZONING DESIGNATION M~5-..---COUNTY FUTURE LAND USE MAP DESIGNATION AGRIDULTUR~. At'~, ~tU - RESIDENTIAL. ZONING SINGLE =~iLY ~5 - RESIDE~I~ ~ND US~, 5 UN~ADRES VAO~T CHO/B - COMMERCI~ HIGH OFFICE ~b USE MA~ R~ ~'592 F'- I SiTE ~ M&Y 20,03 ~.. rs.o) - ACR~RGE LZ/ ~ ~DT9 FLI~ DA~ 1999 '~ CiTY OWNED PARCELS F.L.U.M. A!dENDMENT PC NUM=-,ERS 0C-42-.46-12-DC-DOD-3170 DE'-42-.4E.- 12-02-00D-3020 OD-42-.4E-i 2-0 C-000-321 O 0 £..-42.-4.E-i SITE 0 C.~2-46-12-0C-00C- 3Z20 DG-42-46-12-0C-00C-3~23 0G~2.-.46,-I 2-OC-OOG-3021 00--42.-46-'i 2-0C'-00C~3026 00~2-46-12-0C~000-3180 DG-42-.~E- 12-0,.-00D-3025 ~4A~ F~' LM5~2 COMPREHENSIVE PLAN AMENDMENT 02-1 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #2 Winterplace FLUM Amendment Staff Report (aka The Colony at Delray Beach) SD #2 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: May 20, 2002 IV. I -2. City Initiated Future Land Use Map Amendment From County MR5 (Medium Residential - 5 units/acre) to City LD (Low Density Residential, 0-5 units/acre) for the Winterplace Subdivision (aka The Colony at Delray Beach), Located at the Southeast Corner of the L-30 Canal and Military Trail. Owner/Applicant ............... Colony of Palm Beach Location .......................... Located at the Southeast Corner of the L-30 Canal and Military Trail. Property Size .................. 34.6 Acres Existing FLUM ................ County MR5 (Medium Residential- 5 units/acre) Proposed FLUM ............. City of Delray Beach LD (Low Current Zoning ................ Adjacent Zoning ..... North: East: South: West: Existing Land Use ............ Proposed Land Use ......... Water Service .................. Sewer Service .................. Density Residential - 0-5 units/acre) County PUD (Planned Unit Development) County AR (Agricultural Residential) & RTU (Residential Transitional Urban) AR (Agricultural Residential) AR (Agricultural Residential) & RS (Single Family Residential) PO (Public Ownership District) & AR (Agricultural Residential) Residential Same as existing Existing on site Existing on site ~:~1~1~ L-30 LAKE IDA ROAD IV.l-2. The item before the Board is that of making a recommendation on a Future Land Use Map amendment from County MR-5 (Medium Residential - 5 units/acre) to City LD (Low Density Residential, 0-5 units/acre), and assign zoning of PRD (Planned Residential Development) for the Winterplace Subdivision. LDR Sections 2.4.5 (A) and (D) provide rules and procedures for the processing of this petition. The subject parcel is located on the east side of Military Trail, approximately % mile north of Lake Ida Road, just south of the LWDD L-30 Canal. The subject property is the plat of Winterplace (Plat Book 89, Page 179), recorded in February of 2001. The site, now known as The Colony at Deiray Beach, contains 151 zero lot line single family homes, situated on 34.6 acres land. The development is currently in unincorporated Palm Beach County within the City's Planning Area, more ' particularly described-es a portion of Annexation Area "E" (the North Military Trail Area), as per the Future Land Use Element of the Comprehensive Plan. Annexation of this development is being processed concurrently as voluntary annexations, pursuant to a water service agreement dated March 8, 2000. The water service agreement contains a clause that states the property owner agrees to annex into the City, when the project becomes eligible for annexation. In conjunction with the annexation of this development, the City is also processing an annexation of 54.5 acres immediately to the east of this development_ Once those properties are annexed, this parcel will be contiguous and eligible for annexation. The development will maintain its current County Zoning of PUD (Planned Unit Development) and Future Land Use Map Designation of MR-5 (Medium Density - 5 units/acre); until such time that Comprehensive Plan Amendment 2002-1 (02-1) is adopted. The subject property, althDugh not currently located within the City limits, has several previous City land use actions associated it, which are summarized below: February 4, 1994: City Commission approved a water service agreement for the subject property. The agreement was to allow the establishment of a wholesale nursery operstion (Southem Ornamental P~ants). September 5, 1995: City Commission approved a Future Land Use Map amendment for the property from the City's advisory Future Land Use Map designation of RR (Rural Residential) to City LD (Low Densib, Residential, 0-5 unKs/acre). This created consistency with the County's designation of the property of MR-5 (Medium Densh. y Residential - 5 unbs per acre). · Planning and Zoning Board Staff Report Winterplace FLUM & Rezonbg Page 2 January 27, 1997: Planning and Zoning Board approved a conceptual master plan for 173 single family units and recommended approval to the City Commission of the associated water service agreement. February 4, 1997: City Commission approved the water service agreement for the proposed development_ October 11, 1999: Planning and Zoning Board approved-a master development plan for 151 single family units. November 2, 1999: City Commission approved the current water service agreement for the proposed 151 single family subdivision. There have been several master plan modifications to the project subsequent to these approvals, none of which were considered a material change to the project. Currently the subject ama is platted as a 151 unit single family subdivision. Approximately 6 units have been constructed and sold, and several additional units are under construction. The proposal before the board is to apply a City zoning designation of PRD (Ptanned Residential Development) and Future Land Use Map designation of LD (Low Density Residential, 0-5 units/acre) to the 151 unit subdivision. Annexation of the subject area is being concurrently processed. The existing County FLUM designation of MR-5 (Medium Residential - 5 unit/acre) and zoning of PUD (Planned Unit Development) will be maintained, until Comprehensive Plan Amendment 02-1 is adopted. Current Land Use Desionations: Currently the entire subject area has a County Future Land Map Designation of MR-5 (Medium Residential- 5 units/acre). Reouested Land Use Desionation: The intent of this application is to adopt the City's "Advisory" Future Land Use Map designation of LD (Low Density Residential, 0-5 units/acre). 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. Planning and Zoning Board Staff Report Winterplace FLUM & Rezoning Page 3 The subject area consists of 151 single family homes, and is seeking a PRD (Planned Residential Development) zoning designation. Planned single family communities are a permitted use within the PRD zone district. Further, this development received master plan approval from the City on October 11, 1999. As part of the master plan approval, the proposed development was reviewed under the PRD criteria, and it was identified that upon annexation this development would be assigned to the PRD zone district. The PRD zone district is consistent with the LD (Low Density Residential, 0-5 unit/acre) FLUM designation. Consistency between the City and.County Land Use Desic~nations: The property currently has a County Future Land-Use Map designation of MR-5 (Medium Residential - 5 du/ac) and a County zoning designation of PUD (Planned Unit Development). The current City "Advisory" designation for this property is LD (Low Density Residential, 0-5 units/acre), which is consistent with the County MR-5 FLUM designation. In addition the City zoning designation of PRD (Planned Residential Development) which is consistent with the County zoning designation of PUD (Planned Unit Development). Based upon the above, a positive finding with respect to consistency with the Future Land Use Map can be made. REQUIRED FINDINGS: Future Land Use Ei~-ment Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following 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, or similar circumstances. The need must be supported by data and analysis. This policy 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 application is being processed concurrently with an annexation application, which requires changing the FLUM designation from Count), to City. The subject area, which is to be assigned to the City's LD (Low Density Residential, 0-5 unit. s/acre) designation, currently has a City "Advisory Designation" of the same. Thus, requirement is not applicable. · Consistency - The requested designation is consistent with the goais, objectives, and policies of the most recently adopted Comprehensive Plan. .Planning and Zoning Board S'~ff Report Winterplace FLUM & Rezomng Page 4 A review of the goals, objectives and policies of the Comprehensive Plan was conducted and the following applicable objective was identified. Future Land Use Element Obiective A-l: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in . terms of soil, topographic, and other applicable physical considerations, complementary to adjacent uses, and fulfills remaining land use needs. The subject property has been disturbed and does not have any unique environmental characteristics that would prohibit -development of the site or require mitigation measures. Streets have been installed and individual lots are being developed. The use and intensity of the development were determined to be appropriate with the master development plan approval. ~ Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Findings of Concurrency for the 151 unit single family subdivision were made at the time of the master ptan approval, approved in 1999. There will be no changes to the development. However, the following summary is provided. W~er: Water service is currently provided from a connection to 12" water main on the east side of Military T'~il and along the property's south property line, which connects to the existing mains within Military Trail and Barwick Road, as per the approved development plan. Sewer: Sewage mains and a new lift station sized for future development have been constructed as part of the infrastructure improvements of Winterplace development. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets and Traffic: A traf~c study was been provided to the Palm Beach County Traffic Division during the master development plan process. This study indicated that the proposed 151-unit singte family development will generate 1,510 new vehicle trips onto the surrounding roadway network. With the widening of Lake Ida Road, there is sufficient capacity available to accommodate the impact of the development. Parks and Recreation Facilities: The single family residences will not have a significant impact with respect, to level of service standards for parks and recreation facilities. Upon annexation, each unit constructed will be required to pay the City's recreation impact fee of $500. Solid Waste: Trash generated each year by this development (when fully developed), will be approximately 1.99 tons per single family residence per year (151 units) for a total of 300.49 tons/year. This increase can be accommodated by existing facilities and thus, will not be significant with respect to this level of service standard. ?tanning and Zoning Board Staff Report Winterplace FLUM & Rezoning Page 5 · Compatibility -The requested designation will be compatible with the existing and future land uses of the surrounding area. The property is surrounded by the following Future Land Use Map Designations, Zoning Designations and Land Uses: North: The subject property is bordered on the north by Lake Worth Drainage Distdct L- 30 Canal, has a 140-foot wide fight-of-way, and the Ridgewood Road fight-of-way.(100- feet). Beyond Ridgewood Road there are several unplatted homes, with some agricultural uses. The unplatted parcels have a County FLUM designation of MR-5 (Medium Residential - 5 units/acre) and Zoning of AR (Agricultural Residential) and RTU (Residential Transitional Urban). East.' The subject pro~rty is bordered on the east by two (2) unincorporated County parcels, which currently contain commercial agricultural uses. These parcels are part of a separate annexation and FLUM designation change, currently in process. Both parcels have a County FLUM designation of MR-5 (Medium Residential - 5 units/acre) and Zoning of AR (Agricultural Residential). These parce)s are seeking City FLUM designations of LD (Low Density Residential, 0-5 units/acre), and zoning of PRD (Planned Residential Development). '~ Seuth: The subject property is bordered on the south by four (4) unincorporated County parcels, which curre-ntl'-y contain variety of uses, which include: agriculturaltcommercia[, single family, and vacant. The parcel which contains the agricultural/commercial use (western most, adjacent to Miiitary Trail), is are zoned AR (Agricultural Residential) and has a County FLUM designation of MR-5 (Medium Residential - 5 units/acre). The next parcel east, contains a single family home, and has County FLUM designation of MR-5 (Medium Residential- 5 units/acre) and zoning of RTU (Residential Transitional Urban). The Next parcel east is vacant, and has the same County FLUM designation and zoning as the previous. The eastern most parcel is atso vacant. This parcel is owned by the City and part of a separate annexation and FLUM designation change. Currently the parcel has a County FLUM designation of MR-5 (Medium Residential - 5 units/acre) and Zoning of AR (Agricultural Residential). This parcel is seeking a City FLUM designation of LD (Low Density Residential, 0-5 units/acre), and zoning of PRD (Ptanned Residential Development). West: The subject property is bordered on the west by Military Trail right-of-way. Beyond Military Trail is the Delray Garden Estates single family subdivision, and a parcel which contains offices and related maintenance facilities for the Lake Worth Drainage District and the Farm Bureau of Palm Beach County. The single family subdivision has a County FLUM designation of MR-5 (Medium Residential- 5 units/acre) and Zoning of AR (Agricultural Residential). The office parcel has a County FLUIFI designation of INST (intuitional) and Zoning of PO (Public Ownership District). As described in the Future Land Use Element of the Comprehensive Plan, the Low Density Residential FLUM designation is applied to land which is developed, or to be · Planning and Zoning Board Staff Report Wmterplace FLUM & R-.zoning Page 6 developed, for single family residential uses. The entire subject area consists of single family uses, which is compatible with ali adjacent uses. ~ Compliance - Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. Compliance with the Land Development Regulations was addressed with the Master Plan approval, which was approved by the Planning & Zoni~ng Board at their meeting of October 11, 1999. Given this fact, a positive finding with respect to compliance with the City's Land Development Regulations can be made. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These finings relate to the-following four areas: Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment" section of this report. Compliance with the Land Development Regulations with respect to Standards for Re. zoning Actions and Rezoning Findings are discussed below: Section 3.2.1 (Basis for Dete.rmininR Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 fStandards for Rezoninq Actions): Standard A, B, C and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. , Planning and Zoning Board Staff Report Winterplace FLUM & R--z~ning Page 7 As the properly is platted for a 151 single family units, and has received approval previously from the City, as well as the County, in the form of a master plan, compatibility with all adjacent uses is not a concern. Perimeter landscape buffers are provided to mitigate any potential impacts with adjacent properties. · Section 2.4.5[D)(5) fRezoninq Findings): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more aoDropriate for the property based upon circumstances particular to the site and/or neighborhood. Jtems "b" and "c" are the basis for which the rezoning should be granted. The property is ~ the unincorporated ama of Palm Beach County, however, it is within the City of Delray Beach Planning Area, as defined in the Comprehensive Plan. The subject property is being voluntarily annexed into the City, pursuant to the water service agreement, which requires that appropriate City zoning designations be applied. The requested PRD (Planned Residential Development) zone district is consistent with the proposed LD (Low Density Residential, 0-5 units/acre) designation. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: As stated previously in this report, compliance with the Land Development Regulations was addressed with the Master Plan approval, which was approved by the Planning & Zoning Board at their meeting of October 11, 1999. Given this fact, a positive finding with respect to compliance with the City's Land development Regulations can be made. The subject property is not in a geographical area requiring review by the CPA (Community P. edeveiopment Agency), DDA (Downtown Development Authority) or the HPE3 (Historic Preservation ~oard). Palm Beach County Notice: On April 10, 2002, the Palm ~each County Planning Division was not~r'ied of the C~"s intent to annex this property. To date, a response has not been received. Planning and Zoning Board Staff Report Winterplace FLUM & Rez~ning Page 8 IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Intedocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: · Progressive Residents of Delray (PROD) · President's Council · United Property Owners · Barwick Estates HOA · Sabal Lakes HOA · Chatalaine HOA · Country Manors HOA · Rainberry Woods HOA Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the~ubject property.. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting.-- The requested LD (Low Density Residential, 0-5 units/acre) Future Land Use Map designation it is consistent with the advisory designation currently applied, and consistent with analysis preformed as part of the master plan approval for this development. Further, the zoning of PRD (Planned Residential Development) is consistent with the proposed LD (Low Density Residential, 0-5 units/acre) FLUM designation, and the approved development. Planning and Zoning Board Staff Report Winterpiace FLUM & Rezoning Page 9 A. Continue with direction. Recommend approval of the Future Land Use Map amendment from County.MR- 5 (Medium Residential- 5 units/acre) to-LD (Low Density Residential, 0-5 units/acre) and initial zoning designation of PRD (Planned Residential Development) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendmdnt Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and consistency with the goals, objectives and policies of the Comprehensive Plan, subject to the following condition: Co Recommend denial of the Future Land Use Map amendment from County MR-5 (Medium Residential- 5 units/acre) to LD (Low Density Residential, 0-5 units/acre) and initial zoning designation of PRD (Planned Residential Development) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections-&1.1, 3.2.2, and 2.4.5(D)(5), with the basis stated. Recommend approval of the Future Land Use Map amendment from County MR-5 (Medium Residential - 5 units/acre) to LD (Low Density Residential, 0-5 units/acre) and initial zoning designation of PRD (Planned Residential Development) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and consistency with the goals, objectives and policies of the Comprehensive Plan, subject to the following condition: Attachments: · Location Map L-30 ~OULEYAED. ".. ]: ': ]: :- : .]-..-i COM '~'~ ~ALI~, RIDG~ BLVD - J 'SFR I SFR: MP~ I I I I I CANAL A~ I · I I VAC A~ MR5 AGR AR MR5 AGR PINE TREE DRIV'E~ SUNRISE BOULEVARD RAN ROAD SOUTH L~jI N MAY 2002 CiTY LIMITS i ~'"P¢, Or D-.~.LRA¥ B~.ACI..{, FL P.,.-ANNING A: ZONING D~-PARTM£NT WINTERPLACE F.L.U.M. AMENDMENT I AG R --'-- us= AGR - SFR -sINs'-- VAC - vA:A~'r __ AP,~-.---- COUNTY ZONING DESIGNATION M~5-...,__ COUNTY FUTURE LAND USE MAP DESIGNATION A,"~,, ~TL]- - RESIDENTiAL. ZONING C(~ - COMMERCIALZONiNG /'¢]P, 5 - RESIDENTIAL LAND USE, 5 UNITS/ACRES CHi~/B - COMMERCIAL HIGH OFFICE LAND USE COMPREHENSIVE PLAN AMENDMENT 02-1 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #3 Gleason Street Parcels FLUM Amendment Staff Report SD #3 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: May 20, 2002 IV. I-3. City Initiated Future Land Use Map Amendment From MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) for a Property Located on the East Side of Gleason Street, Approximately 94 Feet South of East Atlantic Avenue· Applicant/Agent ............... City of Deiray Beach Owner ............................. William R. Swindle, TR. Location .......................... Located on the East Side of Property Size .................. Existing FLUM ................ Proposed FLUM ............. Current Zoning ................ Adjacent Zoning ..... North: East: South: West: Existing Land Use ............ Proposed Land Use ......... Water Service .................. Sewer Service .................. Gleason Street, Approximately 94 Feet South of East Atlantic Avenue. 0.27 Acres MD (Medium Density Residential 5-12 dulac) CC (Commercial Core) CBD (Central Business District) CBD (Central Business District) CBD (Central Business District) CF (Community Facilities) CF (Community Facilities) RM (Multiple Family Residential) & CBD (Central Business District) Offices Same as existing Existing on site Existing on site J I EAST WIND [ IB=AcH CLUB=. CONDO ATLANTIC AVENUE t ! IV. I-3. The action before the Board is making a recommendation to the City Commission on a City initiated corrective Future Land Use Map (FLUM) amendment from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) for a portion of the Frances Brewster property (1100 E. Atlantic Avenue). The subject property is located on the east side of Gleason Street, approximately 94' south of East Atlantic Avenue and contains 0.27 acres. Pursuant to LDR 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. The subject property consists of Lots 4-8, Block 4, Ocean Park Subdivision, and is part of a mixed-use development (Lots 1-8) consisting of retail shops, offices and apartments. The original structure was built in 1954 as a mixed-use development with retail on the first floor and apartments on the second floor. There have been numerous modifications over the years. The site currently contains an 8,300 sq.ft, building with approximately 5,800 sq.ff, of retail on the first floor, 2 apartments and 2 offices on the second floor, and 22 on-site parking spaces. Prior to 1989, the property's Future Land Use Map designation was C (Commercial) and the zoning designation was LC (Limited Commercial). With the adoption of the City's Comprehensive Plan and Future Land Use Map in November 1989, the FLUM designation for Lots 4-8 was changed to MD (Medium Density Residential 5-12 du/ac) and the designation for Lots 1-3 (adjacent to Atlantic Avenue) was changed to CC (Commercial Core). Subsequently, the entire property was rezoned from LC to CBD (Central Business District) with the adoption of the Land Development Regulations and Citywide rezoning in October 1990. Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The property's current MD (Medium Density Residential 5-12 du/ac) Future Land Use Map designation is inconsistent with its current CBD (Central Business District) zoning designation, and does not permit the existing mixed-use development. This portion of the site is part of an overall commercial development and as such should have a similar commercial designation. The Future Land Use Map amendment is being sought to eliminate an existing inconsistency with the CBD zoning and commercial use of the site. P & Z Board Staff Report 1100 E. Atlantic Avenue (former Frances Brewster Property) - Corrective FLUM Amendment from MD to CC Page 2 REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following 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, or similar circumstances. The need must be supported by data and analysis. This policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space. The current FLUM designation of MD on the property (south 166.7') is inappropriate as the Medium Density Residential designation is inconsistent with the commercial use on the property as well as the property's commercial zoning of CBD. This corrective amendment will apply a Future Land Use Map designation of Commercial Core on the entire property reflecting the commercial use of the property which has continued since the 1950's. Thus, the amendment will eliminate an inconsistency and correct a mapping error. Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The proposed FLUM amendment to CC is corrective in nature and eliminates the confusion of having dual Future Land Use Map designations on one mixed-use site. Comprehensive Plan Policies: A review of the applicable Comprehensive Plan Policies was conducted and the following applicable policy was identified. Coastal Manaqement Element Policy C-3.2 - There shall be no change in the intensity of land use within the barrier island and all infill development which does occur shall connect to the City's storm water management system and sanitary sewer system. It is noted, the proposed FLUM amendment will change the potential intensity of the land use, as the Commercial Core designation allows commercial uses. However, the current MD FLUM designation was established in error and there are currently no changes proposed to the site with this FLUM amendment that would increase the intensity of the uses on the property. With regards to residential density, within the CBD zoning district residential density is limited to 12 units per acre on properties east of the Intracoastal Waterway. Thus, there will be no increase in residential density potential. Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. P & Z Board Staff Report 1100 E. Atlantic Avenue (former Frances Brewster Property) - Corrective FLUM Amendment from MD to CC Page 3 The proposed FLUM amendment is corrective in nature and no new development or redevelopment is proposed with the request. Thus, the request will have no impact with respect to Concurrency. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. The requested designation of Commercial Core is consistent with existing uses on the property as well as the land use designation of the adjacent commercial properties. The designation is compatible with the adjacent land uses. The property is surrounded.by a mix of commercial, multi-family residential and church uses. It is noted that the multi- family development to the west currently has an underlying land use designation of Commercial Core and is currently in the process of being rezoned from RM to CBD. Since no development changes are proposed and the current uses have existed on the site since the 1950's, no compatibility concerns are noted with the surrounding uses. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. The subject property is developed and no additional improvements are proposed with this request. The development proposal is not located within the geographical area requiring review by the Historic Preservation Board. Community Redevelopment Aqency The CRA reviewed and recommended approval of the request at its meeting of May 1, 2002, and recommended approval. Downtown Development Authority The DDA reviewed and recommended approval of the request at its meeting of May 15, 2002, and recommended approval. Courtesy Notices: A special courtesy notice was provided to the PROD (Progressive Residents of Delray), the President's Council and the following homeowners associations: · Beach Property Homeowners Association · Via Marina P & Z Board Staff Report 1100 E. Atlantic Avenue (former Frances Brewster Property) - Corrective FLUM Amendment from MD to CC Page 4 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Two letters opposing the proposed FLUM amendment have been received from residents of the Venetian Village Condominium. Additional letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. The existing FLUM designation of MD (Medium Density Residential 5-12 du/ac) is inappropriate for the property as it is zoned CBD (Central Business District) and contains an existing commercial development, which has existed for many years. The uses will not be affected by the proposed change. The FLUM amendment will correct a mapping error and result in FLUM and zoning consistency for the property. No new development or redevelopment is proposed with this request. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the Comprehensive Plan, and Section 3.1.1 of the Land Development Regulations. Further, the FLUM amendment is consistent with the goals, objectives, and policies of the City's Comprehensive Plan. Co Continue with direction. Recommend to the City Commission approval of the corrective Future Land Use Map amendment from MD to CC 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, and consistency with the goals, objectives, and policies of the City's Comprehensive Plan. Recommend to the City Commission denial of the corrective Future Land Use Map amendment from MD to CC, based upon 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 (A) of the Land Development Regulations, with the basis stated. Recommend to the City Commission approval of the corrective Future Land Use Map amendment from MD to CC 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, and consistency with the goals, objectives, and policies of the City's Comprehensive Plan. Attachments: Location map, Future Land Use Map & Zoning Map P & Z Board Staff Report 1100 E. Atlantic Avenue (former Frances Brewster Property) - Corrective FLUM Amendment from MD to CC Page 4 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Two letters opposing the proposed FLUM amendment have been received from residents of the Venetian Village Condominium. Additional letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. The existing FLUM designation of MD (Medium Density Residential 5-12 du/ac) is inappropriate for the property as it is zoned CBD (Central Business District) and contains an existing.commercial development, which has existed for many years. The uses will not be affected by the proposed change. The FLUM amendment will correct a mapping error and result in FLUM and zoning consistency for the property. No new development or redevelopment is proposed with this request. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the Comprehensive Plan, and Section 3.1.1 of the Land Development Regulations. Further, the FLUM amendment is consistent with the goals, objectives, and policies of the City's Comprehensive Plan. A. Continue with direction. Bo Recommend to the City Commission approval of the corrective Future Land Use Map amendment from MD to CC 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, and consistency with the goals, objectives, and policies of the City's Comprehensive Plan. Recommend to the City Commission denial of the corrective Future Land Use Map amendment from MD to CC, based upon 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 (A) of the Land Development Regulations, with the basis stated. Recommend to the City Commission approval of the corrective Future Land Use Map amendment from MD to CC 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, and consistency with the goals, objectives, and policies of the City's Comprehensive Plan. Attachments: Letters of Opposition, Location Map, Future Land Use Map & Zoning Map ,o.2 VrT_LIAM 14. HA%TER I4 EMMA PLACE EATONTOWN, N.J. 07724 'OR 75 VEN_'ENAN DR. D~--LRAY BEACtt FL.~ 334~13 CITY OF DEI. P,.A.Y BEACH · DELRA. Y BEAC~ FI.A~ ! .~2vl 'e-R. hT,_-G TO YOU ?'..E.3ARD._n',}G 3 NOTICES Ti-leT l ?SCE:\'ED P~G.Z2ZDD4G PRO?OS_~_~ CN~_N2E$ TO ZONNG & L.~iN'-D US_-- 0}< 3 PROP_-ERTE~_~S Tl-'_Z_l Ail eiTi-w_< 593 r-"E'E-T OF MT J~_~SDA_NCE l~_~- NO!C~'S E,7 QUES~ON AiLE .FixX .-4 2002-20{,. 2002-214 & 2002-!34. i .z~qD lvl]' ,--?--,LOW RES,PD_--%.TS ARE X~~x~Y OPPOSS~ TO ~SE C~WGES, ~ T~ I¢~_~R N ~CH T~Y .~d PROPOSED BP~S, ~ PAY OUl TAB~S A~ SHO-~D F~E A PdG~ TO BE AGO ~H Ti~ L~~TA_~DqG 7~T I WAS ~ A ~S~~& A&~OUGH O~ OF ~GH D~S~i, D~ TO ~ FACT ~AT t~ .~ BECAUSE I LON~ T~ TO~ .~ ~ LOCATION. B~ DON ! ~ON ~ ON%Y BBCAU~ ~ ~~ TbL&T ~S IS O~_Y .~ USE CFm~eE. BL~ ! ~2P~- ~ ~OW ~AT A PIGH ~SE Bi?_.._DPqS DELPJ-.!' "-~-'_, 0 A GR_EAT ?LAC~_- TO L2-CE ~2'<.~ ,iDO BUSDCE_ES. AZ'x-D r-=-p~. T, ne ~ v !v'_'- ,_9E Ti?_?~ TO2EN ONE. '..; mz ........ ..... .-.=__. ~ ~ --', OF. ! BbqT_~9 SOlve_- NEW P~;i_, .~ O_-:xE'P~ ,.A~ONS AT THE -~-~SE OF _'!iHE R~SD~--N_ TS 71rLA .... T ,.,x n~, -- kw-..~___.,, p .~.TLz~K _-iiC_ A\~. I ~ NOT AGAINST PROGRESS, BU . QUESTION Ti--~ W'.I_K!)N~ OF Ci-Z~NG!NG D-~SiTY USE, .~N.~__. REALLY WO_*~ 1~tO OR ~'Z4OM 3~ri .--ROM 4107B~37 =.2 SUCH CHANGES. C'EZRTALNLY NOT THE RESIDENTS, WHO, BY THE WAY. HAVE lUST B=~-N ASSESSED A 33% TAX INCR.EA. SE, MAINLY DUE TO CiTY TAX it-tAT HAS RISEN DR.4.S~CALLY UNDER THE brEW .MDMIN1STRATION. PLEASE CONSIDER DARRYL BUSH MY REPRESEq~. ~AT]VE TO SPEAK 12~ MY BEHALF. MR_ BUSH IS A WELL KNOWN LOCAL REAL ESTATE PEP. SON T'rIAT CAN CO~ ON WI-L~T THESE Ci-L&NOES WiLL DO TO OUR PROPERTY VALUES. YOURS TRrJ_~. ¥,uzLt~-dv~ hi. ZA37~ER Venetian Village Condominium Assoc.,/nc 75 Venetian Dr/ye Delray Beach, Florida 33483 May 14, 2002 Mr. Paul Dorlin~ Dir~'~r Planning and Zoning ] 00 N.W.I~ Aw~nue Delray Bzaztl, r-lofid~ ~Mg3 RE: Files 2002-200, 214, and 234 On behalf of om-~esident, Mr. Wflliam HaS,er, and our Bom-d ofDireaors: am v~ring to voize om ';ai~i~_wm-e ov~ the attempt To c~2ge the zorfing regulations -"_~_-_~ .. _t Jr_-_., -.. ga-Id ___.;-__ Vzne'dan V/iiage Condominium AssorJafion is iaigidy o?paszd to any ci-amge m -~he zoning ztassifir.~zion ~ o£the mrrazoas+.al bhdge on Atlantic Avenue. We f~l thru the zoning class-Sfizario~ "multiple ~mity resicizntial - mzdittrn densiB?' is v~-~r~, iliusu-afive of our iy-~aurhM bsaz'n neighbo~oo& We m-e srrongt_~ y a=~ an3, ckange e .spe:ially lo, "Cmu~J .B,,.zsiness DiszScf'. We reside on a bmr/er island not in a central business district. Please place our o..~dosition on the public re:or& Thank you for yom- =omid,.~arion_ Smz~3; Joseph A. Regan 75 Venetian Drive 4B Delray Beach, Florida 33483 May 14, 2002 Mr. Paul Darling Div'~r Planning and Zoning 100 N.W. ] ~ Avmue Delmy B~ch, Flor/& 33~. -~. ~, RE: 2002-.200, 2]4, and 234 D:ar Mr. Dorlin[ We are in rezei~ of]er[ers from your offir, e re=~arding proposed changes in zonm~ or ~,tm-e ]and map ~e fo,'- thr~ pro.,ve.~es yen, ~]ese 'to om- residence. My wife ma~ ] f~] 5~oa~y_ a~..~dnst_ any changes from medium density w-i.'iizarion We are w~ry Mppy i/x4ng on our idyllic barrier island as it exism at presem. A'dantiz Avenue east of the/araazo~ v,~m-w~- should never be zhanged m be pat of DeL-ay~.~,~--~'~" ~_, "c~wal business Our qualin.- of iix~ in this peaceful nei~borhoocl as it nov,, e~.s*.s is exactly what we ~mam~ about sinze our first x~k xo b=kay Bzazh ia latz 1972. ?l~e note that I did not say Detmy Central B~siness District Beach. This ideal and the vo~ thre~a to our propert-y values d,."t.,~-iomting demands that we stand ve~ strongly _a_a_a_a_a_a_a_a_ag~ any ~nange in the cra-re"hr zoning regulazions. - Please ~-mtw-r om- x3zm obje~-tions ~ Fil~ # 2002~00, 2002-2t4 and 2002-234 on the r~.ecorcl 'Fnank you for vow ~-~rJon w fi:ds maas. 278 12:41PE; 6~80 V~'4ETIAN DRIVE DELRA¥ BEACH, FLOR/DA 334g3 May ] 4, 2002 City of D¢lray Beach Planning ~nd Zoning D~m-~n=m R=: pt~nned z~n~g chang=s from O]=ason to V=n..-dmu Th= r=fidents of Miramar' Oard=a Apu., imco vigorously object to this zoning change. I refer zo th~ T~asur= Coas~ Regional Plmming Council publication pag= 47 designating th~s =r=a for a parking garag=, Th= imprest of this f~ur story cu-~-n.~rcial structure would b= ck:vastating fo th= citiztm who liv: in this arm Tn: tm,~c an Vein:tiaa would b: h~rdfi~. Think Linton Blvd_ Th= b=aury ofDelmy b~_~:h ~ h th= o~ the b~fu] ~ areas, th= tr~ lin=d scr=.-v.s, ~nd th~ f~! of a small tova~. ~ is whm ires hrough~ as th~ pro~m-iry w~ m~joy...l~! aa nm rain our b~am.k~ eirg with m~LMafly four mory ~~ buildings. Betty Diggans Vice !%'=~&.-nt j ~N~RN 1070 Evergreen Court Box 372 Eden Vall~, MN 55329 May 16, 2002 Dear Paul Dodin~: In 1962 my fathex watclm/MiraMar being built He and my tootler were the first couple to buy a un/t in the complex. Both of my folks have passed away and now my husband and I spend.th~ winter months in Deiray Beach. We er~oy thc time in the area, ~ it is residential. Oh, there is the little shopping area, but no abundance of cars. Yes, it is a lovely area to live. Hopefully in futur~ years we can live th¢re y~ar around. Now we hear you want to rain our quiet area by putting up a 4 story-parking ramp. Wc want you to know we are ve~ much oj~posed to th~ idea. It will ~ our quiet residential living area. Thc majority of us are senior dtizens and we enjoy the peace and quiet area that we have chosen so live iv. You have passed up plenty of opportunities to build your parking ramp in commercial areas. Wl~ are you trying to ruin our area? Again - we are very mue..h ovvo~4_ to it. Please reconsider your laim-brained idea. Sincerely, Marvin & Jane Anderson 60 Venetian Drive Apt. lOON H~Y'~lT--02 09:$~ AH M~I/ ]~OXES ETC.PLAISTOW 60~ ~82 1818 P.82 Ma), ! 6, 200i I~lr~y Bea;h, City Hall 100 N.W. I",kvenue Delray Bcaci~ ATTN: Mr. 1 Plato Sir; Please consid, Block C. Jol~ garage on the delays, noise, two block are~ congestion, no have ~eir ow FL 33444 ~orling ,ing.& Zoning Departrnent r this letter as the strongest possible vo~e in opposition to the proposed rczoning o£Lot 7, B. Reid's Village, to CBD. it is our understanding the owner(s) plan'to erect a large parking ~roperty. Our small, cong~s;~l mca had old Calypso forced down om rJu'oatm, causing traffic ~ccidents in front clout comp~x due to the narrowness of Venetian i~ that area. Now in this (Venetian Drive ,e, Olcason Street) plans for an unnecessary garage, causing more traffic [se sad fender benders. A garage not to b~ used by the local owners or guests- all complexes parking facilities. There ls ac la~d on the I-,laud, especially thru ate~, for an fhture cons ' near Swintcm, Umer~ is ~--- ~-, -~-- · . Y . l~ucuon. However, on East Atlanti ,*_a. .... { ._., ~a..g~rem u~m uinOUSlllg COmpleX ¢OllstrtlCtlOZl: aS well as on Fede c nm mrecuons, l~mcL-ed a "~'"e; ........... ml Highway, in restaurame ~..,~. ...... -,- e--~.,a u~'~:a- u wouio most c~rtain ly be in that ares_ when ¢.. w01,kiRa o,,+ .~L.~.. :_ .t . _,~,,~-,,j ma.~a piac:e, i nc new parKine meters on thc Dn,,,,~ ..... ~-- ~' u~u~';lyinmesllorttimetheyllavebeenhluse i,~:.~.~ .... r' ..... , umit~ UlC mi{ 13r~lC rcslacncs m the Venetian Drive and Glee ~on SUeet area have absorbed all the additional (seasonal) traffic, with all it's attendant problems, we houid be expected to endure. Steely common sense, combined with the facts, must prevail tn ~im matter. 'Is it not thuc for the feelings mad wishes of loyal Dclray Beach residents to receive some poeitive actioz o,, their behalf?. Wllile it is out strong belief due a parking garage is most c~,tainly no~ needed anywl~ere on the small Island; k is mc certainly not needed on time already overburdened 'Venetian Drive and Oleason Su'eet. Wbeu iutellige at busiue~smen buy co~ial property on a small barrier island- many prolc~'rtics without parking avallal de- then expect residents who imvc lived there for years, have their lives ~ompletely disrupted, thcJ~properties devalued, tl~ir entire way of life taken away- somcthiug il wron v wroa .,wi~ _our local government rulings. Please doa't lc' '~-:- '- ......... g' ery g me almighw d611ar or -~ .... " ....... ,., u.a ~app~. again, l~mase cons~cler your residents not '" I ,,,,,,~, uzmc people ma~mg tee requea this time. Thank you. ' ' Respe~fully, ! - ,- Paglia I v etien Delray Beach, y arriett Paglia 60 Venetian Drive Dclmy Beach, FL RECE{VED 1 7 2OO2 I"LAI II ,vo & ZUiiiNG ~RRA Cr I - SPANISH ATLANT C EAST COMMERCAL CONDO DORCHESTER CO- OP STREET EA $ T WIND BEACH CLUBS BERKSHIRE BY THE SEA GROSVENOR DELRA Y MARRIOTT AVENUE BAR HARBOUR CONDO SEAGATE TO WERS MIRAMAR INGRAHAM STREET DOVER HOUSE CONDO OCEAN PLACE CONDO COCONUT ROW AV~-NUE ' JARDIN DEL MAR J 1 CONDO OCEAN TERR C{"~' OF OELRAY BEACH, Fi.. PLANNING & ZONING DET='ARTMENT CITY INITIATED CORRECTIVE MAP AMENDMENT --- DIGIT, a,/_ B,~..~E' MAP $)'~rEl~f -- GROVE CONDO SPANISH RI VER RESORT ATLANTIC O AVENUE FIRE STA. NO. 2 CC DELRA Y BEACH MA RRIO TT ¢¢ MIRAMAR STREET Z 0 iV3 <C J DOVER HOUSE CONDO OCEAN PLACE CONDO CITY OF' D~AY BE:ACH, FL PLANNING & ZC~NING D£PARTIdENT FLUM -- D/~/TA~ B~S£ MAP $~'/'EM ---- GROVE CONDO STA. NO. 2 SPA NISH RI VER RE..SOR T ATLANTIC AVENUE DELRA Y BEACH MARRIOTT MIRAMAR STREET RM DOVER HOUSE CONDO OCEAN PLACE CONDO N CITY DF DELRAY BEACH, ~ PLANNING & ZONING DEPARTMENT ZONING COMPREHENSIVE PLAN AMENDMENT 02-1 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #4 Existing Standards for Tiered Level of Service Table (Pubfic Schools Facilities Element- Table A-1.1) SD ~4 Table A-1.1 Standards for Tiered Level of Service CSA Facility Type 2000-01 2001-02 12002-03 12003-04 2004-05 2005-06 1 Elementary 120 110 Middle 130 125 J 110 I High 110 2 Elementary 110 M~ddle 130 130 110 High 115 115 115 1110 i 3 Elementary 110 Middle 130 130 110 High 115 115 115 1110 I 4 Elementary 115 110 Middle 130 130 110 High 115 115 115 1110 i 5 Elementary 110 Middle 130 130 115 110 High 135 135 130 130 I 110 I 6 Elementary 110 Middle 130 130 120 110 High 120 120 120 110 8 Elementary 110 Middle 130 130 125 115 110 High 125 125 120 115 110 9 Elementary 110 Middle 125 125 125 115 I 110 I High 120 120 120 110 10 Elementary 135 120 110 Middle 125 125 125 125 I 110 I High 120 120 120 110 Table A-1.1 (Continued) CSA Facility Type 2000-01 2001-02 2002-03 2003-04 12004-05 12005-06 11 Elementary 135 135 110 Middle 125 125 125 110 High 125 125 125 110 12 Elementary 140 130 120 115 110 Middle 135 135 135 115 110 High 135 135 135 120 110 14 Elementary 125 125 115 110 Middle 135 135 i135 115 110 High 135 130 130 115 110 15 Elementary 135 135 115 115 110 Middle 125 125 125 110 High 135 135 135 110 16 Elementary 130 115 110 Middle 120 120 120 115 110 High 135 135 135 120 110 17 Elementary 130 125 110 Middle 135 130 130 110 High 145 120 120 110 18 Elementary 120 115 115 115 110 Middle 120 120 120 120 110 High 145 120 120 115 110 19 Elementary 110 Middle 110 20 Elementary 110 Middle 125 110 High 165 130 130 1130 1110 Table A-1.1 (Continued) CSA Facility Type 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 21 Elementary 115 110 Middle 125 125 125 110 High 125 125 125 115 1110 I 22 Elementary 110 Middle 110 High 110 23 Elementary 110 Middle 110 High 110 County Alternative 110 wide Schools Source: Based on data depicted in the School District of Palm Beach County FY2001-FY2005 Five-Year Plan and FY 2001 Capital Budget, June 2000, and the actual count of students in the second semester of the 2000-01 school year. COMPREHENSIVE PLAN AMENDMENT 02-1 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #5 Existing Maximum Utilization Table (Pub#c Schools Facilities Element - Table A-1.2) SD #5 Table A-1.2 MAXIMUM UTILIZATION TABLE: Standards for Utilization of Capacity CSA Facility Type 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 I Elementary 165 125 125 120 120 120 Middle 130 125 120 120 120 120 High 120 120 120 120 120 120 2 Elementary 120 120 ~120 120 120 120 Middle 130 130 120 120 120 120 High 120 120 120 120 120 120 3 Elementary 120 120 120 120 120 120 Middle 130 130 120 120 120 120 High 120 120 120 120 120 120 4 Elementary 155 150 120 120 120 120 Middle 135 135 120 120 120 120 High 135 135 130 130 120 120 5 Elementary 155 150 120 120 120 120 Middle 140 135 120 120 120 120 High 135 135 130 130 120 120 Elementary 155 145 120 120 120 120 6 Middle 135 135 120 120 120 120 High 120 120 120 120 120 120 8 Elementary 160 160 160 145 120 120 Middle 135 135 135 130 120 120 High 120 120 120 120 120 120 9 Elementary 120 120 120 120 120 1120 Middle 135 135 135 130 120 120 High 120 120 120 120 120 120 10 Elementary 205 165 120 120 120 120 Middle 135 135 135 135 120 120 High 120 120 120 120 120 120 Table A-1.2 (Continued) CSA Facility Type 2000-0'1 200'1-02 2002-03 2003-04 2004-05 2005-06 1'1 Elementary 245 245 120 120 120 120 Middle 125 125 120 120 120 120 High 125 125 120 120 120 120 '12 Elementary 150 150 125 120 120 120 Middle 145 145 145 125 120 120 High 135 135 135 120 120 120 14 Elementary 140 135 135 130 120 120 Middle 145 145 145 125 120 120 High 165 120 120 120 120 120 15 Elementary 180 180 165 140 120 120 Middle 130 130 125 120 120 120 High 135 135 135 120 120 120 16 Elementary 200 120 120 120 120 120 Middle 140 125 125 125 120 120 High 135 135 135 120 120 120 '17 Elementary 205 205 125 125 120 120 Middle 175 175 175 120 120 120 High 145 120 120 120 120 120 '18 Elementary 130 120 120 120 120 120 Middle 130 130 130 130 120 120 High 160 120 120 120 120 120 19 Elementary 120 120 120 120 120 120 Middle 120 120 120 120 120 120 High 170 135 135 135 120 120 20 Elementary 140 140 140 135 120 120 Middle 130 120 120 120 120 120 High 170 145 145 130 120 120 Table A-1.2 (Continued) CSA Facility Type 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 21 Elementary 165 145 120 120 120 120 Middle 155 155 155 120 120 120 High 145 145 145 120 120 20 22 Elementary 120 120 120 120 120 120 Middle 120 120 120 120 120 120 High 120 120 120 120 120 120 23 Elementary 300 120 120 120 120 120 Middle 120 120 120 120 120 120 High 120 120 120 120 120 120 County Alternative 120 120 120 120 120 120 Wide Schools Source: Based on data depicted in the School District of Palm Beach County FY200'I-FY2005 Five-Year Plan and FY 2001 Capital Budget, June 2000. COMPREHENSIVE PLAN AMENDMENT CITY OF DELRAY BEACH, FLORIDA 02-1 SUPPORT DOCUMENT #6 Proposed Standards for Tiered Level of Service Table (Public Schools Facilities Element- Table A-I. 1) SD #6 Proposed Table A-1.1 Standards for Tiered Level of Service CSA Facility Type 2002-03 2003-04 2004-05 12005'06 I Elementary 110 Middle 110 High 110 2 Elementary 110 Middle 110 High 125 1110 I 3 Elementary 110 Middle 110 High 125 120 1110 I 4 Elementary 110 Middle 110 High 125 1120 1110 5 Elementary 110 Middle 110 High 130 1130 1110 6 Elementary 110 Middle 125 120 110 High 125 120 110 8 Elementary 110 Middle 125 125 110 H~gh 120 120 110 9 Elementary 125 125 1t0 Middle 125 115 110 High 120 130 110 10 Elementary 110 Middle 125 125 I 110 High 120 110 Proposed Table A-1.1 (Continued) CSA Facility Type 2002-03 2003-04 12004-05 J 2005-06 11 Elementary 110 Middle 125 I 110 I High 110 12 Elementary 110 Middle 135 120 110 High 140 120 110 14 Elementary 115 110 Middle 140 140 110 High 115 115 110 15 Elementary 110 Middle 135 135 110 High 120 120 110 16 Elementary 130 i130 110 Middle 122 125 110 High 150 150 110 17 Elementary 110 Middle 110 High 115 110 18 Elementary 125 125 110 Middle 140 140 110 High 140 120 110 19 Elementary 110 Middle 110 High 110 ~20 Elementary 110 Middle 110 High 130 1130 110 I Proposed Table A-1.1 (Continued) CSA Facility Type 2002-03 12003-04 2004-05 12005-06 21 Elementary 110 Middle 110 High 110 22 Elementary 110 Middle 110 High 110 1120 110 I 23 Elementary 110 Middle 110 High 110 COMPREHENSIVE PLAN AMENDMENT 02-1 I CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #7 Proposed Maximum Utilization Table (Public Schools Facifities Element- Table A-1.2) SD #7 Proposed Table A-1.2 MAXIMUM UTILIZATION TABLE: Standards for Utilization of Capacity CSA Facility Type 2002-03 2003-04 2004-05 12005-06 1 Elementary 130 130 110 Middle 120 High 120 2 Elementary 120 Middle 120 High 125 120 3 Elementary 120 Middle 120 High 125 125 120 4 Elementary 125 125 120 Middle 120 High 130 120 110 5 Elementary 125 125 120 Middle 120 High 130 130 120 Elementary 125 125 120 6 Middle 135 130 120 High 125 125 120 8 Elementary 120 Middle 135 1135 1120 High 120 9 Elementary 130 130 120 Middle 135 130 120 High 130 130 120 10 Elementary 130 130 120 Middle 140 140 120 High 120 Proposed Table A-1.2 (Continued) CSA Facility Type 2002-03 2003-04 2004-05 12005-06 11 Elementary 120 Middle 120 High 120 12 Elementary 130 130 120 Middle 145 130 120 High 145 120 14 Elementary 135 135 120 Middle 145 145 120 High 120 15 Elementary 145 145 120 Middle 140 140 120 High 135 120 120 '16 Elementary 175 175 120 Middle 150 150 120 High 150 150 120 17 Elementary 155 150 120 Middle 130 130 120 High 135 i135 120 118 Elementary 135 1135 120 Middle 140 140 120 High 145 125 120 19 Elementary 130 125 120 Middle 120 High 145 1130 120 I 20 Elementary 120 Middle 120 High 145 1130 1120 Table A-1.2 (Continued) CSA Facility Type 2002-03 2003-04 2004-05 2005-06 21 Elementary 135 135 120 Middle 135 135 120 High 145 145 120 22 Elementary 120 Middle 120 High 120 23 Elementary 120 Middle 120 High 120 COMPREHENSIVE PLAN AMENDMENT 02-1 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #8 Existing Table Cl-ClP ( Capital Improvement Element) SD #8 · ' CURRENT FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2001-02 FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 RECREATION IMPACT FEE Delray Swim & Tennis Club-Building 0 30,000 370,000 0 0 Delray Swim & Tennis Club-lmprov 0 0 0 25,000 0 Roller Blade/Skateboard Park 380,000 0 0 0 0 TOTALS: $380,000 $30,000 $370,000 $25,000 $0 COMMUNITY DEVELOPMENT Infrastructure Design & Dev 210,000 0 0 0 0 Land Acquisition 25,000 0 0 0 0 Bikepaths/Sidewalks/Walkways 70,000 0 0 0 0 Contingency 25,000 0 0 0 0 TOTALS: $330,000 $0 $0 $0 $0 BEAUTIFICATION TRUST Swinton Ave Phase II 210,000 0 0 0 0 Linton Blvd (Congress & Military Trial) 0 350,000 0 0 0 Lake Ida Road 0 215,000 200,000 0 0 Military Trail 0 0 35,000 375,000 0 Street Furniture-Atlantic Ave 30,000 0 0 0 0 TOTALS: $240,000 $565,000 $235,000 $375,000 $0 BEACH RESTORATION FUND Environmental 200,000 52,000 0 0 0 Surveys 42,000 35,000 36,500 37,500 39,0001 Engineering 54,500 0 0 0 0 Fill Placement 5,500,000 0 0 0 0 Repayment Construction Interest 140,000= 108,000 0 0 0 Sea Turtles Monitoring 13,450 13,450 13,450 14,800 16,300 Dune Revegetation 50,000 0 0 0 0 TOTALS: $5,999,950 $208,450 $49,950 $52,300 $55,300 GENERAL CAPITAL IMPROVEMENTS Streets, Alleyways, Parking Lots, Bridges and Sidewalks Street Reconstruction 100,000 150,000 250,000 250,000 250,000 Sidewalks/Swales 25,000 25,000 70,000 70,000 75,000 Traffic Calming 104,000 104,000 104,000 104,000 104,000 Downtown Parking Lots 0 0 0 100,000 0 TEA21 Sidewalks 231,000 0 0 0 0 Building Construction/Rehabilitation Public Works-Storage Bldg 132,000 0 0 0 0 Vehicle Maint Facdity Expansion 0 175,000 0 0 0 Cemetery Maintenance Building 0 0 0 140,000 0 Parks & Recreation Facilities Maintenance Tennis Center-Other Improvements 80,000 45,000 65,000 30,000 85,000 Miller Park Storage Building 0 0 0 175,000 0 Miller Park-RepI Fence/Park Lot Expansion 0 0 0 90,000 120,000 (1) ' ' CURRENT FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > ~25~000 PROJECT & FUND FY 2001-02 FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 Parks-Parking Lots 0 30,000 75,000 35,000 0 Intracoastal Park-Boat Ramp/Picnic Area 0 330,000 0 0 0 Currie Commons Park- Lighting 100,000 0 0 0 0 Pompey Park-Renovation/Bleachers 35,500 0 55,000 0 0 Parks-Replace Playground Equip. 60,000 60,000 30,000 0 0 Cemetery Expansion 0 140,000 0 0 0 Lake Ida Park 0 0 0 125,000 200,000 Atlantic Dunes Park 0 0 15,000 90,000 0 Catherine Strong Center 0 30,000 300,000 200,000 100,000 Oakmont Park 0 0 0 0 80,000 Building and Equipment Renewal & Replacement Building Maintenance 185,000 150,000 150,000 150,000 150,000 Christmas Tree-Replace Tree Branches 0 43,000 43,000 43,000 43,000 Bridge-Repair & Maintenance 50,000 50,000 0 50,000 0 HR Remodeling 0 0 0 70,000 0 R&R-Computer Equipment 100,000 150,000 150,000 150,000 150,000 Software License/Upgrade 150,000 90,000 150,000 90,000 150,000 Document Storage/Imaging 89,000 0 79,700 0 0 Computerized Irrigation System 0 25,000 25,000 25,000 25,000 Fire-SCBA Upgrade 36,700 36,700 36,700 0 0 Fire-Other Improvements 50,000 61,000 96,000 0 0 Interactive Voice Response System 38,900 0 0 0 0 Website Design 58,000 0 0 0; 0 Backbone Infrastructure 206,280 0 0 0 0 Network Management 25,700 125,575 0 0 0 Help Desk 43,680 0 0 0 0 Police-Replace Laptop Computers 0 0 150,000 150,000 150,000 Traffic Preemption Equipment 0 0 119,500 0 0 Police Hurricane Shutters 0 0 0 0 400,000 Other Miscellaneous Lifeguard Towers 70,000 0 140,000 70,000 0 Lake Ida Rd to 195-FenceNVall 100,000 0 0 0 0 City Marina-Riverwalk Seawall 0 276,000 0 0 0 Mobile Data Terminals 29,000 01 0 0 0 Breathing Air Compressor (Fire Dept) 36,000 0 0 0 0 Neighborhood Enhancement 250,000 250,000 250,000 250,000 250,000 TOTALS: $2,385,760 $2,346~275 $2~353~900 $2~457,000 $2~332,000 CITY MARINA FUND Riverwalk 0 200,000 0 0 0 Project Reserve 68,570 0 0 0 0 TOTALS: $68,570 $200,000 $0 $0 $0 WATER/SEWER NEW CAPITAL OUTLAY McNab Av 85,000 0 0 0 0 W Atlantic Ave Phase III 0 186,000 0 0 0 (2) CURRENT FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $257000 PROJECT & FUND FY 2001-02 FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 Del Aire/SW 22nd C~rcle 0 350,000 0 0 0 TOTALS: $85~000 $536~000 $0 $0 $0 WATER/SEWER CONNECTION FEES Hospital Agreement 45,000 45,000 45,000 45,000 0 16" ICWW Crossing 300,000 0 0 0 0 SCRWTDB Reuse System Expansion 500,000 1,000,000 1,000,000 0 0 TOTALS: $845,000 $1,045,000 $1,045,000 $45,000 $0 WATER/SEWER RENEWAL & REPLACEMENT FUND Other Professional Services 100,000 0 0 0 0 Other Repair & Maintenance 25,500 15,000 15,000 15,000 15,000 Water Line Upgrades 250,000 250,000 250,000 250,000 250,000 Sewer Main Rehabditation 898,900 850,000 750,000 750,000 750,000 Other Improvements 13,000 42,000 0 0 0 Raw Water Well Rehab. 10,000 10,000 10,000 10,000 10,000 Computer Eq u ipment 42,100 12,000 0 0 0 Other Machinery & Equipment 297,000 190,000 150,000 150,000 40,000 Linton Blvd WM Relocate 150,000 0 0 0 0 Watermain-SW Area 3/NW 13th & 14th Ave 360,000 0 0 0 0 Watermain-NW 10th & NW 9th Ave 177,000 0 0 0 0 Watermain-Southridge-SW 4th Av to S Swinton 104,000 0 0 0 0 Watermain-Rye Ln/Lake Terr/Enfield Rd 120,000 0 0 0 0 Anion Exchange Water Treatment Add~bon 250,000 4,200,000 0 0 0 Watermain-Osceola Park 0 607,500 0 0 0 Watermain-NE Area 0 371,000 0 0 0 Watermain-Beverly/Aylesbury Rd 0 60,000 0 0 0 Watermain-Lake Ida Area 0 0 365,000 01 0 Watermain-SW 3rd St/SW 3rd Av/SW 6th Av 0 0 825,000 0 0 Watermain-SW 11th & 12th Av 0 0 138,000 0 ! 0 Watermain-Prospect/NW 11th Av/NW 2nd Av 0 0 311,000 0 0 Watermain-SW 12th & SW 3rd Av 0 0 216,000 0 0 Watermain-Seagate/Seasage 0 0 0 293,000 0 Watermain- North Lake Ida Area 0 0 0 276,000 0 Watermain- South Lake Ida Area 0 0 0 259,000 0 Watermain-SW 10th Av & SW 11th Av 0 0, 0 351,000 0 Watermain-NE 1st Av/NE 3rd Av 0 0! 0 130,000 0 Watermain-Douglas Rd/Zedar Rd 0 0 0 25,000 0 Watermain-US 1 South 0 0 0 414,000 0 Watermain-US 1 North 0 0 0 0 370,500 WatermainlSanitary-BrookslRhodesJillelWhite 0 0 0 0 214,000 WTP Control Room Modernization 50,000 0 0 0 0 Lift Station 50 Booster Conversion 0 518,000 0 0 0 TOTALS: $2,847,500 $7,125,500 $3,030,000 $2,923,000 $1,649,500 (3) CURRENT FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $257000 PROJECT & FUND FY 2001-02 FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 MUNICIPAL GOLF COURSE Other Improvements 10,000 0 0 0 0 New Greens 0 0 0 500,000 0 Irrigation System Improvement 0 0 0 250,000 0 Other Machinery & Equipment 65,000 75,000 82,500 90,000 97,500 Project Reserve 144,340 0 0 0 0 TOTALS: $219,340 $75,000 $82,500 $840,000 $97,500 LAKEVlEW GOLF COURSE Other Mach. & Equipment 25,000 25,000 25,000 25,000 25,000 TOTALS: $25,000 $25~000 $25,000 $25,000 $25,000 STORMWATER UTILITY Swale Reconstruction 0 0 53,000 53,000 53,000 Tropic Isles CB R&R 60,000 125,000 125,000 125,000 0 NE 4th St-Seawall Park 25,000 0 0 0 0 Osceola Park 0 100,000 0 0 0 NE 4th St-NE 5th to 6th Av 0 22,000 80,000 0 0 Lake Ida Area 0 0 115,000 0 0 NE 4th Ay- E Atlantic Ay to NE 2nd St 0 0 276,000 0 0 Dotteral Road 0 0 259,000 0 0 Douglas Rd/Zedar Rd 0 0 0 345,000 0 NW 6t Street 0 0 0 0 86,000 Thomas St Pump Station Modifications 0 0 0 0 58,000 Debt Service 1,021,430 795,240 53,420 53,520 53,550 TOTALS: $1,106,430 $1,042,240 $961,420 $576~520 $250~550 CENTRAL GARAGE FUND Vehicle Replacement 1,113,000 1,157,000 1,203,000 1,250,000 1,300,000 Vehicle Restoration 70,000 70,000 70,000 70,000 70,000 Fire-ALS Rescue Replace 137,800 152,000 159,600 167,600 176,000 Fire-Aerial Apparatus Repl 725,000 0 0 0 0! Fire-Equipment Pumper 0 347,000 0 382,500 0 Fire-Special Operation Truck 0 0 325,000 0 0 Fire-Ladder Truck Refurbish 0 0 235,000 0 0 TOTALS: $2,045,800 $1,726,000 $1,992,600 $1,870,100 $1,546,000 (4) COMPREHENSIVE PLAN AMENDMENT 02-1 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #9 Proposed Table CI-CIP (Capital Improvement Element) SD #9 PROPOSED FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25~000 PROJECT & FUND FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 RECREATION IMPACT FEE Delray Swim & Tennis Club-Building 250,000 0 800,000 0 0 Roller Blade/Skateboard Park 95,000 0 0 0 0 TOTALS: $345,000 $0 $800,000 $0 $0 COMMUNITY DEVELOPMENT Infrastructure Design & Der 136,000 0 0 0 0 Land Acquisition 30,000 0 0 0 0 Bikepaths/Sidewalks/Walkways 40,000 0 0 0 0 TOTALS: $206~000 $0 $0 $0 $0 BEAUTIFICATION TRUST Other Mach. & Equipment 32,480 0 0 0 0 Maintenance/Irrigation Truck 21,141 0 0 0 0 Swinton Ave Phase II 250,000 0 0 0 0 Linton BIvd (Congress & Military Trad) 7,500 292,500 0 0 0 Lake Ida Road 393,102 0 0 0 0 Lake Ida Fence/Wall 100,000 0 0 0 0 Pineapple Grove FPL Poles 188,313 0 0 0 0 Project Reserve 143,900 0 0 0 0 TOTALS: $'!/136,436 $292,500 $0 $0 $0 BEACH RESTORATION FUND Surveys 37,440 38,935 40,492 42,112 43,797 Engineering 0 0 0 0 278,500 Fill Placement 0 0 0 0 0 Repayment Construction Interest 80,000 0 0 0 0 Sea Turtles Monitoring 27,310 27,305 14,800 16,300 16,300 Dune Revecjetation 50,000 50,000 0 0 0 Beach Tilling 55,310 56,969 58,678 0 0 Post Construction Environ I 52,000 0 0 Update Geotech 0 0 0 0' 150,000 TOTALS: $302,060 $173,209 $113,970 $58,412 $488,597 GENERAL CAPITAL IMPROVEMENTS Streets, Alleyways, Parking Lots, Bridges and Sidewalks Street Reconstrucbon 100,000 112,500 125,000 150,000 150,000 Sidewalks/Swales 0 0 50,000 50,000 50,000 Traffic Calming 0 92,300 105,000 105,000 105,000 Downtown Parking Lots 0 0 0 110,000 0 Roundabouts-Atlantic-Swinton Avenue 0 90,000 525,000 0 0 SE 7th Ave-Atlantic to SE 1st St 89,300 0 0 0 0 Dotterel Road-Audubon Bird to N End 0 0 0 0 350,000 Royal Palm Drive 0 0 25,000 75,000 0 Transit Stops 50,000 __ 0 ~0 ~0 0 (1) PROPOSED FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $257000 PROJECT & FUND FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 Building Construction/Rehabilitation Vehicle Maint Facility Expansion 0 265,000 0 0 0 Cemetery Maintenance Building 90,000 0 0 115,000 01 Old School Square-Misc. Bldg 200,000 21,500 350,000 0 0 Spady Museum 200,000 0 0 0 0 South County Library Parking Garage 534,000 0 0 0 0 Beautification NW-SW 5th Av-NW 2nd St to SW 2nd St 0 221,000 1,300,000 0 0 W Atlantic Av - Ph III 0 0 2,013,000 0 0 W Atlantic Av - Ph IV 0 0 0 1,725,000 0 Parks & Recreation Facilities Maintenance Tennis Center-Other Improvements 25,000 25,000 75,000 75,000 75,000 Miller Park Storage Building 0 0 0 175,000 0 Miller Park-Repl Fence/Park Lot Expansion 0 0 0 210,000 0 Parks-Parking Lots 0 0 0 110,000 0 Pompey Park-Renovation/Bleachers 0 55,000 0 0 0 Parks-Replace Playground Equip. 0 30,000 0 0 0 Cemetery Expansion 160,000 0 0 0 0 Merritt Park 0 0 25,000 0 0 Plumosa Park 186,750 0 0 0 0 Office Expansion/Park Maintenance 0 0 0 50,000 0 Parking Meters-Multi-Space Metering 0 0 225,000 0 0 Building and Equipment Renewal & Replacement Building Maintenance 125,000 150,000 150,000 150,000 150,000 Bridge-Repair & Maintenance 0 50,000 0 50,000 50,000 HR Remodehng 0 70,000 0 0 0 R&R-Computer Equipment 150,000 150,000 150,000 150,000 150,000 Software License/Upgrade 150,000 150,000 200,000 200,000 200,000 Computerized Irrigation System 0 0 25,000 50,000 0 Fire-SCBA Upgrade 36,700 36,700 0 0 0 Fire-Other Improvements 60,000 142,000 0 0 0 Fire-Traffic Preemption Equipment 0 0 0 0 119,500 Police Hurricane Shutters 50,000 50,000 0 0 0 Fire - Additional Parking 0 120,000 0 0 0 Fire Headquarters Entrance Upgrade 0 55,000 0 0 0 Fire - Defibrillators/Monitors 200,000 0 0 0 0 Fire - Laptop Computers w/Printers 0 0 72,500 0 136,400 Police - AS400 Upgrades & Disk Storage 0 0 100,000 100,000 0 Type II Cabling Upgrade 0 0 200,000 200,000 0 Citrix Metaframe 0 272,500 0 0 0 Servers 87,000 25,000 0 0 0 Other Miscellaneous Lifeguard Towers 70,000 70,000 70,000 0 0 City Marina-Riverwalk Seawall 322,000 0 0 0 0 Neighborhood Enhancement 200,000 200,000 200,000 200,000 250,000 Fire-Substations Wireless Network 0 42,500 0 0 0 TOTALS: $3,085,750 $2,496,000 $5,985,500 $4,050,000 $'1,785,900 (2) ' ' PROPOSED FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 PROJECT & FUND FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 CITY MARINA FUND Riverwalk 230,000 0 0 0 0 TOTALS: $230,000 $0 $0 $0 $0 WATER/SEWER NEW CAPITAL OUTLAY McNab Avenue 56,000 375,000 0 0 0 W Atlantic Ave Phase III 0 0 120,000 0 0 Other Mach. & Equipment 238,200 0 0 0 0 Greenbrier Drive 0 0 98,000 0 0 West Atlantic Phase IV 0 0 0 120,000 0 TOTALS: $294,200 $375,000 $218,000 $~20,000 $0 WATER/SEWER CONNECTION FEES Hospital Agreement 45,000 45,000 45,000 0 0 SCRWTDB Reclaimed Water System 150,000 500,000 500,000 500,000 100,000 SCRWTDB Aeration Basin 0 500,000 1,750,000 0 0 TOTALS: $~95,000 $~,045,000 $2,295,000 $500,000 $~00,000 WATER/SEWER RENEWAL & REPLACEMENT FUND Other Repair & Maintenance 195,000 60,000 60,000 60,000 60,000! Water Line Upgrades 275,000 275,000 275,000 519,000 1,590,000 Sewer Main Rehabilitation 600,000 650,000 650,000 650,000 650,000 Other Machinery & Equipment 85,000 60,000 0 0 0 Anion Exchange Water Treatment Addition 5,150,000 0 0 0 0 Watermain-Osceola Park 0 626,000 0 0 0 Watermain-Lake Ida Area 0 212,000 0 245,000 Watermain-SW 3rd St/SW 3rd Av/SW 6th Av 0 595,000 0 0 0 Watermain-SW 11th & 12th Av 0 147,000 0 0 0 Watermain- North Lake Ida Area 0 0 0 255,000 0 Watermain-SW 10th Av & SW 11th Av 0 0 593,000 0 0 Lift Station Rehabilitation 100,000 100,000 100,000 100,000 100,000 Manhole Rehabilitation 50,000 50,000 50,000 50,000 50,000! Watermain-Palm Trail Neighborhood 347,000 0 0 225,000 0 Watermain- NW 10th Av/NW 11 th Av 226,000 0 0 0 0 Watermain-Delray Shores Neighborhood 0 0 692,000 0 0 Watermain-US l-SE 10th St to George Bush BI( 0 0 0 0 546,000 Relocate-SR A1A-E Atlantic Av to Pelican Ln 0 0 344,000 125,000 0 Relocate-SR A1A-Linton Blvd to E Atlantic Av 0 0 0 773,000 0 16" ICWW Crossing Rehab 20,000 100,000 0 0 0 Lift Station 6 Upgrade FM Re-routing 550,000 0 0 0 0 South County Courthouse Expansion 109,000 0 0 0 0 ASR Pump Reconfiguration 145,000 0 0 0 0 Lift Station Conversion to Submersible 0 125,000 125,000 0 0 Lift Station 50 Evaluation & Analys~s 25,000 0 0 0 0 Lift Station 80 Conversion 150,000 0 0 0 0 .... TOTALS,~ _ _ : $e,027,00~0~0___~,_0_00,0~0_0 $2,88g,00~0 $3,002,00~0 $2,gg6,00~0 (3) PROPOSED FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $257000 PROJECT & FUND FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 MUNICIPAL GOLF COURSE New Greens 550,000 0 0 0 0 Irrigation System Improvement 350,000 0 0 0 0 Other Machinery & Equipment 60,000 65,000 70,000 75,000 75,000 TOTALS: $8,927,000 $3,000,000 $2,889,000 $3,002,000 $2,996,000 LAKEVIEW GOLF COURSE Other Mach, & Equipment 25,000 25,000 27,500 27,500 30,000 TOTALS: $25,000 $25,000 $27,500 $27,500 $30,000 STORMWATER UTILITY Swale Reconstruction 0 0 0 150,000 150,000 Tropic Isles CB R&R 142,470 5,000 125,000 0 0 NE 4th St-Seawall 40,000 0 0 0 0 Osceola Park 0 125,000 0 0 0 NE 4th St-NE 5th to 6th Av 0 138,000 0 0 0 Lake Ida Area 0 90,000 0 0 0 NE 4th Av- E Atlantic Av to NE 2nd St 0 374,000 0 0 0 Dotteral Road 0 54,000 0 0 0 NW 6t Street 0 0 98,000 0 0 Thomas St Pump Station Modifications 0 0 65,000 0 0 General Stormwater Repairs 35,000 50,000 75,000 75,000 75,000 Royal Palm Blvd 0 25,000 0 0 0 SE 7th Av 50,000 0 0 0 0 SW 7th St-SW 17th Av to Auburn Ay 0 173,000 0 0 0 NW 7th St-NW 1st Av to N Swinton Av 0 0 86,000 0 0 Old Dixie Hwy-S of SE 10th St 40,000 0 0 0 0 Debt Service 795,240 53,420 53,520 53,550 53,510 TOTALS: $1,102,710 $1,087,420 $502,520 $278,550 $278,510 CENTRAL GARAGE FUND Vehicle Replacement 760,000 640,000 850,000 950,000 1,100,000 Vehicle Restoration 25,000 30,000 30,000 30,000 30,000 Fire-ALS Rescue Replace 167,200 175,560 184,340 193,500 203,200 Fire-Special Operation Truck 0 0 325,000 0 0 Fire-Ladder Truck Refurbish 0 235,000 0 0 0 Fire-Equipment Replace 0 347,000 0 382,500 0 TOTALS: $952,200 $1,427,560 $1,389,340i $`1,556,000 $'1,333,200 (4) WHEREAS, Comprehensive Plan Amendment 2002-1 was found to be in compliance by the Florida Depaxtment of Community Affairs and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2002-1 was held on October 1, 2002, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOIJ.OWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2002- 1", which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Dekay Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2002-1". Se¢tion 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Depamnent of Community Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Admim'strafion Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 2 ORD. NO. 16-02 PASSE,~A~I~..A.D_OPTED -- day of ~ in regular session on second and final reading on this the ,2002. ATTEST City Clerk First Readin~.~ Second Rea~/~g MAYOR 3 ORD. NO. 16-02 DELP, AY BEACH NI-Amedca City 1993 2001 CITY CLERK 100 N.W. 1st AVENUE CERTIFICATION DELRAY BEACH, FLORIDA 33444 561/243-7000 I, BARBARA GAITTTO, City Clerk of the City of De[ray Beach, do hereby certify that the attached document is a true and correct copy of Ordinance No. 16-02, as the same was passed and adopted by the De[ray Beach City Commission in regular session on the 15th of October, 2002. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of De[ray Beach, Florida, on this the 17th day of October, 2002. Barbara Garito City Clerk City of De[ray Beach, Florida (SEAL) Prlnted o~ Recycled Paper THE EFFORT ALWAYS MATTERS ORDINANCE NO. 16-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2002-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; AIJ. AS MORE PARTICULaLRLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2002-1 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, inclusive, 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 entided "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 2002-1"; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public heating on May 20, 2002 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 2002-1 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2002-1 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2002-1 was held by the City Commission on July 16, 2002, at which time it was authorized to be transmitted to the Depaxunent of Community Affairs for required review; and WHERF. AS, Comprehensive Plan Amendment 2002-1 was found to be in compliance by the Florida Deparmxent of Community Affairs and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2002-1 was held on October 1, 2002, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOI J.OWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2002- 1", which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2002-1". Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Depa~iment of Community Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 2 ORD. NO. 16-02 PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2002. ATTEST City Clerk First Reading~ Second Reading MAYOR 3 ORD. NO. 1602 COMMISSION DOCUMENTATION TO: THRU: FROM SUBJECT: DAVID T. HARDEN DAN MARFINO, PRINCIPAL PLANNER/~ ~ MEETING OF JULY 16, 200~2 FIRST READING AND TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 2002-1 (02-1) BACKGROUND The City Commission initiated Comprehensive Plan Amendment 02-1 on April 16, 2002. One City initiated Future Land Use Map Amendment, the Enclave PUD, has been removed from this amendment. In addition, the sole privately initiated Future Land Use Map Amendment for a parcel located on Venetian Drive has been removed, and is being processed as a small scale amendment. The remaining items in the Plan Amendment consist of two City Initiated Future Land Use Map amendments, numerous text changes, and table updates. The Planning and Zoning Board held its public hearing regarding the amendment on May 20, 2002. During the Public Hearing, John Bennett, President of PROD, questioned why the term "village by the sea", was being removed from Future Land Element Policy C-4.2. After discussion, the Board unanimously (6-0) recommended the City Commission approve the amendment on first reading and transmit Comprehensive Plan Amendment 02-1 to the Florida Department of Community Affairs. RECOMMENDED ACTION By motion, recommend that the City Commission transmit to the Florida Department of Community Affairs, proposed Comprehensive Plan Amendment 02-1, containing the material in the staff report and attachment. Attachments: · Summary of Comp Plan Amendment 02-1 · Comprehensive Plan 02-1 SN..ongRange~Comp~mend 02-1~02-1 ccxmittal.doc ORDINANCE NO. 16-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DF.I.RAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2002-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; Al.l. AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2002-1 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, inclusive, 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 2002-1"; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on May 20, 2002 in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public heating, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2002-1 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2002-1 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public heatings on Comprehensive Plan Amendment 2002-1 was held by the City Commission on July 16, 2002, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2002-1 was found to be in compliance by the Florida Depaxtment of Community Affairs and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, following due public notice, the second of two required public heatings on Comprehensive Plan Amendment 2002-1 was held on October 1, 2002, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Del-ay Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2002- 1", which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2002-1". Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Depaxunent of Community Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Admim'strafion Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 2 ORD. NO. 16-02 PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2002. ATTEST MAYOR city C~e~k First Readin~g Second Reading 3 ORD. NO. 16-02 FUTURE LAND USE MAP AMENDMENTS: City initiated Future Land Use Map amendment for City-owned parcels located in the northwest quarter of Section 12 (Range 42, Township 46), from County CliO/8 (Commercial High Office with residential density of 8 units per acre) and County MR5 (Medium Residential - 5 units/acre) to City GC (General Commercial) and LD (Low Density Residential, 0-5 units/acre), for 54.5 acres; City initiated Future Land Use Map amendment for the Winterplace Development (now known as "The Colony at Delray Beach") from County MR5 (Medium Residential, 5 units/acre) to City LD (Low Density, 1-5 untis/acre). The parcel is approximately 34.6 acres in size, and is located on the east side of Military Trail, south of the L-30 Canal; City initiated corrective Future Land Use Map amendment for the Gleason Street Parcels (Lots 4-8, Block 4, plat of Ocean Park), from MD (Medium Density, 5-12 du/acre) to CC (Commercial Core). The parcel is approximately 0.34 acres in size and is located on the east side of Gleason Street, approximately 100 south of Atlantic Avenue; TEXT AMENDMENTS: Modification of Policy A-2.5, of the Future Land Use Element, relating to updating the Land Development Regulations regarding non-conforming uses, to reflect a new completion date of FY 02~03; Eliminate Policy A-5.1, of the Future Land Use Element, relating to updating the Land Development Regulations-for consistency with Comprehensive Plan Amendment 97-1, as it has been accomplished; Eliminate Policy A-5.6, of the Future Land Use Element, regarding the need to increase densities in the GC (General Commercial) Zone district, as it has been accomplished; · Eliminate Policy B-1.1, of the Future Land Use Element, regarding the establishment of a neighborhood park in the Blood's Hammock Grove Area; Modification of Policy C-4.2, of the Future Land Use Element, in order to acknowledge adoption of the Downtown Business Plan, and provide that all future development will be consistent with the plan; Modification of Public Schools Facilities Element Table A-1.1 (Standards for Tiered Level of Service) and Table A-1.2 (Maximum Utilization Table), to reflect the most current available information from the Palm Beach County School Board. COMPREHENSIVE PLAN AMENDMENT 02-1 CITY OF DELRAY BEACH, FLORIDA ~ TABLE OF CONTENTS ~ Pace AMENDMENTS TO THE FUTURE LAND USE MAP City Owned Parcels Winterplace PUD (aka The Colony at Delray Beach) Gleason Street Parcels 2 2 3 3 4 4 TEXT CHANGES ~. (CITY INITIATED) FUTURE LAND USE ELEMENT Policy A-2.5 (Modifying Land Development Regulations regarding non-conforming uses) Policy A-5.1 (Review and Update of LDRs) Policy A-5.6 (Increased Densities in General Commercial - West Atlantic Overlay) Policy B-1.1 (Southwest Park Needs) Policy C-4.2 (CBD Development Plan) PUBLIC SCHOOLS FACILITIES ELEMENT Table A-1.1 Standards for Tiered Level of Service Table A-1.2 Maximum Utilization Table COMPREHENSIVE PLAN AMENDMENT II I I II CITY OF DELRAY BEACH, FLORIDA 02-1 AMENDMENTS TO THE FUTURE LAND USE MAP City Owned Parcels City initiated Future Land Use Map amendment for City-owned parcels located in the northwest quarter of Section 12 (Range 42, Township 46), from County CliO/8 (Commercial High Office - 8 units/acre) and County MR5 (Medium Residential - 5 units/acre) to City GC (General Commercial) and LD (Low Density Residential, 0-5 units/acre), for 54.5 acres; See Support Document #1 (City Owned Parcels Future Land Use Map Amendment staff report) Winterplace PUD City initiated Future Land Use Map amendment for the Winterplace Development (aka The Colony at Delray Beach) from County MR5 (Medium Residential, 5 units/acre) to City LD (Low Density Residential, 0-5 units/acre). The parcel is approximately 34.6 acres in size, ahd is located on the east side of Military Trail, south of the L-30 Canal; See Support Document #2 (Winterplace Future Land Use Map Amendment staff report) Gleason Street Parcels City initiated corrective Future Land Use Map amendment for the Gleason Street Parcels (Lots 4-8, Block 4, plat of Ocean Park), from MD (Medium Density, 5-12 du/acre) to CC (Commercial Core). The parcel is approximately 0.34 acres in size and is located on the east side of Gleason Street, approximately 100-feet south of Atlantic Avenue; See Support Document #3 (Gleason Street Parcels Future Land Use Map Amendment staff report) CITY INITIA TED TEXT CHANGES FUTURE LAND USE ELEMENT 1) Location: Pg. FL-25, Policy A-2.5 (Modifying Land Development Regulations regarding non-conforming uses) Policy A-2.5 The section of the Land Development Regulations that deals with nonconforming uses and structures shall be comprehensively evaluated in order to ensure that the restrictions on the continuation, expansion, and improvement of nonconforming structures and uses are clear and enforceable. This evaluation and the subsequent LDR changes shall be completed in FY 9~99-02/03. Change: REVISION Comment: The completion date for this policy is being modified to reflect FY 02/03. 2) Location: Pg. FL-26, Policy A-5.1 (Review and Update of LDRs) Policy A-5.1 Following ~eview of this plan, the LDRs shall be reviewed and updated for consistency with Amendment 97-1. This will occur within one (1) year from the date of adoption of the EAR based amendment. Change: ELIMINATION Comment: This policy relates.to updating the Land Development Regulations for consistency with Comprehensive Plan Amendment 97-1. This task was completed within the required time frame. 3) Location: Pg. FL-26, Policy A-5.6 (Increased Densities in General Commercial - West Atlantic Overlay) Policy A-5.6 The City shall amend the General Commercial (GC) zoning district to accommodate increased multiple family densities over 12 units per acre, but not to exceed a maximum of 30 units per acre as a Conditional Use in the West Atlantic Avenue Redevelopment Area Overlay. Change: ELIMINATION Comment: This policy is being eliminated as it was accomplished with the passage of Ordinace #54-01, on November 20, 2001. (2) 4) Location: Pg. FL-27, Policy B-1.1 (Southwest Park Needs) Policy B-1.1 In the area of Blood's Hammock Grove, provisions shall be made for a neighborhood park. (See Policy A-2.5 of the Open Space & Recreation Element, and Policy D-2.3 of the Public Facilities Element) Change: ELIMINATION Comment: This policy relates to the establishment of a neighborhood park in the southwest area of the City, which has been accomplished. 5) Location: Pg. FL-35, Policy C-4.2 (CBD Development Plan) Policy C-4.2 A special CBD plan shall be developed jointly by the CRA and the City. It shall address the maximum development which can be accommodated in a competitive market while still retaining the "village like, community by-the-sea" character of the CBD. It shall further identify the infrastructure requirements, including parking, which will be needed to accommodate such an intensity of development. Such a plan shall be formally processed as an amendment to the Comprehensive Plan. The plan shall be instituted under the lead of the Community Redevelopment Agency but conducted through close participation with the City's Planning & Zoning Department. Change: MODIFICATION Policy C-4.2 The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-l-A, it represents the citizens' vision for the growth and unification of Delray Beach. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. Comment: This policy is being modified in order to reflection adoption, and create future policy direction. (3) PUBLIC SCHOOLS FACILITIES ELEMENT 6) Location: Pg. PS-31 Table A-1.1 Standards for Tiered Level of Service Pg. PS-34 Table A-1.2 Maximum Utilization Table See existing tables attached as Support Documents #4 and #5. Change: REVISION See proposed tables attached as Support Documents #6 and #7. Comment: The above listed tables are being modified to reflect the most current available data from the Palm Beach County School Board. S:\LongRange\Comp~,mend 02-1\02-1amendment.doc (4) COMPREHENSIVE PLAN AMENDMENT 02-1 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENTS INDEX INDEX # S.D. #1 S.D. #2 S.D. #3 S.D. #4 S.D. #5 S.D. #6 S.D. #7 ITEM City Owned Parcels FLUM Amendment Staff Report Winter Place PUD FLUM Amendment Staff Report Gleason Street Parcels FLUM Amendment Staff Report Existing Standards for Tiered Level of Service Table (Public Schools Facilities Element - Table A-1.1 ) Existing Maximum Utilization Table (Public Schools Facilities Element - Table A-1.2) Proposed Standards for Tiered Level of Service Table (Public Schools Facilities Element- Table A-I. 1 ) Proposed Maximum Utilization Table (Public Schools Facilities Element - Table A-1.2) SUPPORT DOCUMENT INDEX COMPREHENSIVE PLAN AMENDMENT 02-1 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #1 City Owned Parcels FLUM Amendment Staff Report SD #t PLANNING AND ZONING BOARD CITY OF DELP Y BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: May 20, 2002 IV. I-1. City Initiated Future Land Use Map Amendment From County CliO/8 (Commercial High Office - 8 Units/Acre), and MR5 (Medium Residential - 5 Units/Acre) to City GC (General Commercial) and LD (Low Density Residential, 0-5 Units/Acre)for Several Parcels Located South of the L-30 Canal, Between Barwick Road and Military Trail. GENERAL DATA: Owner/Applicant ............... Location .......................... Property Size .................. Existing F.LUM ................ Proposed FLUM ............. Current Zoning ................ Adjacent Zoning ..... North: East: South: West: Existing Land Use ............ City of Delray Beach Located South of the L-30 Canal, Between Barwick Road and Military Trail. 54.5 Acres County CHO/8 (Commercial 'High Office - 8 Units/Acre) & MR5 (Medium Residential- 5 Units/Acre) City of Delray Beach GC (General Commercial) & LD (Low Density Residential, 0-5 Units/Acre) County AR (Agdc~IturaJ Residential) & CG (General Commercial) County AR (Agricultural Residential) & RS (Single Family Residential) County AR (Agricultural Residential) & City of Delray Beach R-l-AA (Single Family Residential) City of Delray Beach RM (Multiple Family Residential) County AR (Agricultural) & GC (General Commercial) & PUD (Planned Unit Development) Residential, Vacant, & Agricultural/Commercial The item before the Board is that of making a recommendation on a Future Land Use Map amendment from County MR-5 (Medium Residential - 5 units/acre) and County CliO/8 (Commercial High Office - 8 units/acre) to City LD (Low Density Residential, 0-5 units/acre) and City GC (General Commercial), and assign initial zoning of PRD (Planned Residential Development) and PC (Planned Commercial), for eleven (11) parcels of land located in the northwest quarter of Section 12 (Range 42, Township 46). LDR Sections 2.4.5 (A) and (D) provide rules and procedures for the processing of this petition. The subject parcels are generally located between Barwick Road and Military Trail, north of Lake Ida Road. The subject property contains 11 unplatted parcels of land totaling 54.5 acres. The .subject parcels are currently in unincorporated Palm Beach County within the City's Planning Area, more-particularly described as a portion of Annexation Area "E" (the North Military Trail Area), as per the Future Land Use Element of the Comprehensive Plan. All parcels were recently acquired by the City of Delray Beach, and are being separately processed as voluntary annexations at this time. All parcels will maintain their current County Zoning and Future Land Use Map Designations; until such time that Comprehensive Plan Amendment 2002-1 (02-1) is adopted. P/ease see Reference Map 'City (~wned Parcels FL UM Amendment", for the next section. For identification purposes, each of the eleven parcels has been given an arbitrary number. These numbers correspond to numbers assigned to each parcel at the onset of acquisition by the City. The numbering system is being maintained in order to provide continuity and ease of identification. Under direction of the City Commission, staff is in the process of issuing a Request for Proposal (RFP) to Master Plan this area for future development. Although this amendment will assign FLUM designations and individual zoning districts to the subject area, the Master Plan will describe a more comprehensive and detailed use of the land. General direction was given for three over-all goals: Parcels 1 & lA (6.63 acres), should be designated for commercial development. Due to their proximity to Military Trail, these parcels appear to be the most marketable for commercial development, and will help to off-set the land acquisition costs incurred by the City. Consideration should also be given to the dedication of Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 2 right-of-way to provide access from Military Trail to the residential parcels to the east. 2. The balance of the subject area (47.87 acres) should be designated for single family residential development. Moderate-income housing should be emphasized. Reserve approximately 10-15 acres of the residential component for a neighborhood park. Preliminary analysis by the Parks & Recreation Department identified several parcels which would suitable. Emphasis will placed on certain parcels which have heavy concentrations of existing trees. The existing land uses for each of eleven properties are as follows: Parcels 1, lA, 3, 4, and 5 are vacant; Parcels 2 and 11 have single family homes; Parcels 9, 10, 17, and 18 have agriculture/commercial uses. The proposal before the board is to apply City zoning and Future Land Use Map designations to all 11 parcels. Annexation of all 11 parcels is being concurrently processed. Existing County FLUM designations and zoning will be maintained, until Comprehensive Plan.Amendment 02-1 is adopted. The following table represents the existing County FLUM designations and zoning, and the proposed designation of City FLUM and zoning for each parcel: EXISTING PROPOSED County County City City Parcel ID Zoning FLUM Zoning FLUM 1 AR MR-5 I PC GC lA CG CHO/8 I PC GC 2 RTU MR-5 PRD LD 3 AR MR-5 PRD LD 4 AR MR-5 PRD LD 8 AR MR-5 PRD LD 9 AR MR-5 PRD LD 10 AR MR-5 PRD LD 11 AR MR-5 I PRD LD 17 AR MR-5 I PRD LD 18 AR MR-5 I PRD LD Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 3 Current Land Use Designations: All parcels with exception of Parcel #lA have a County Future Land Map Designation of MR-5 (Medium Residential- 5 units/acm). Parcel #lA has a county desi{~nation of CliO-8 (Commercial High Office - 8 units/acre). Requested Land U~e Desi,qnation: Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 will each be assigned a City Future Land Use Map designation of LD (Low Density Residential, 0-5 units/acre). Parcels 1 & lA will receive a designation of GC (General Commercial). Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The City is seeking initial zoning designation of PC (Planned Commercial) for Parcels 1 & lA. Both parcels are currently vacant, and the PC zone district is consistent with the GC (General Commercial) FLUM designation. Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 are to be assigned to the PRD (Planned Residential Development) zone district. All parcels are currently vacant or underdeveloped, meaning sparse single family or agricultural/commercial uses. Ail commercial uses on these parcels will be phased out by the time this amendment is adopted, or will become non-conforming. The PRD zone district is consistent with the LD (Low Density Residential, 0-5 unit.~./acre) FLUM designation. Consistency between the City and County Land Use Designations: The existing County Future Land Use Map designation of MR-5 (Medium Residential- 5 units/acre) and the City's Future Land Use Map designation of LD (Low Density Residential, 0-5 units/acre) are consistent, in that both are designed for single family residential development at a maximum density of 5 units an acre. The City GC (General Commercial) FLUM designation and the County's CHO/8 are similar in that they both allow a variety of commercial and office uses, as well as multi- family development. The main difference between the two is that the City's GC FLUM designation allows multi-family development up to 12 units an acre, where as the County designation only allows 8 units to the acre. Parcel 1 has a current County FLUM designation of MR-5 (Medium Residential- 5 units/acre), but is seeking assignment to the City GC (General Commercial) FLUM designation. While these two designations are not consistent with one another, due to this parcel's proximity to Military Trail and adjacent commercial development to the west and north, the designation is appropriate. Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 4 REQUIRED FINDINGS: Future Land Use .Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following 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 application is being processed concurrently with an annexation application, which requires changing the FLUM designation from County to City. All parcels which are to be assigned to the._City's LD (Low Density Residential, 0-5 units/acre) designation, currently have a City "advisory designation" of the same. Thus, the need for this designation has been established previously, and this requirement is therefore, not applicable. The proposed GC (General Commercial) FLUM designation for Parcels I & lA, which allows a variety of commercial, office, and multi-family residential uses, is more intense than its "advisory designations" of TRN (Transitional) and LD (Low Density Residential, 0-5 units/acre). However the subject properties are located immediately adjacent to commercial uses on the north and west sides. The subject property will have frontage on Military Trail, an arterial roadway, with a variety of intense commercial uses between Atlantic Avenue and the L-30 Canal. Proposed residential development to the east and existing residential development to the south can be properly protected and buffered from the future commercial development through the site plan review process. b, Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. A review of the goals, objectives and policies of the Comprehensive Plan was conducted and the following applicable objective was identified. Future Land Use Element Objective. A-f: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. Planning and Zoning Board Staff Report City Owned Parcels .FLUM & Rezonings Page 5 The subject property does not have any unique environmental characteristics that would prohibit development of the site or require mitigation measures. All property included in the amendment is vacant or underdeveloped, and will be developed in such ~a way to complement adjacent uses. ~ Concurrency - Development at the 'highest intensity possible under the requested designation can meet the adopted concurrency standards. Water: There are existing distribution lines associated with several developments in the area, i.e. Winterplace (northeast comer of Military Trail and the L-30 canal) Barwick Ranch, and Sabal Lakes. As the area is proposed for development, water main extensions will be required by this development. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build- out. Sewer: Sewage mains and a new lift station sized for future development have been constructed as part of the infrastructure improvements of Winterplace development. With redevelopment of the subject properties, further sewer main extensions will be required. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: The prope[ties have access from either Military Trail or Barwick Road. Additionally, two local roads, 133 Road South and Palm Ridge Boulevard, provide access from Barwick Road into the properties. Depending on the development pat[em, additional local roads internal to future residential development are anticipated with redevelopment of the property. Military Trail and Barwick Road are under the jurisdiction of Palm Beach County. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. The development of the property under the current County MR-5 and CH-O designations and the proposed City LD and GC designations would be similar with the exception of an increase with the change of designation for parcel 1. With future development, site plan approval will be required along with a full analysis of the traffic impact. However, there is adequate capacity on Military Trail to accommodate additional trips under either scenario. Parks and Open Space: The annexation of the property to accommodate future residential and commercial development will have some impact on park and recreational facilities. However, part of the future development of the area includes a public park site. The provision of new neighborhood parks has been identified as a future need in the City's recently completed Parks and Recreation Master Plan. Solid Waste: The future development of this area will continue to have similar solid waste impacts. The solid waste authority has indicated they have sufficient capacity to service this area. The service provider will not change, as described later in this report. Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 6 I~ Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. The property is surrounded by the following Future Land Use Map Designations, Zoning Designations and Land Uses: Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 [Currently County MR-5 (Medium Residential - 5 units/acre), proposed for City LD (Low Density Residential, 0-5 units/acre) 47.87 acres]: North: The subject property is bordered on the north by Lake Worth Drainage District L- 30 Canal, which has a 140-foot wide right-of-way, and the Ridgewood Road right-of-way (100-feet). Beyond Ridgewood Road is the Cocoa Pine Estates subdivision and several unplatted homes, with some agricultural uses. The Cocoa Pine Estates subdivision has a County FLUM designation of MR-3 (Medium Residential - 3 units/acre) and Zoning of RS/SE (Single-Family Residential, Special Exception). The unplatted parcels have a County FLUM designation of MR-3 (Medium Residential - 3 units/acre) and Zoning of AR (Agricultural Residential). East: The subject property is bordered on the east by Barwick Ranch Estates, an existing single family development with a Future Land Use Map designation of City LD (Low Density Residential, 0-5 units/acre) and an R-l-AA (Single Family Residential) zoDing designation and by the Gulf Club Estates subdivision and several unplatted single family parcels'~ith a County FLUM designation of MR-5 (Medium Residential- 5 units/acre) and Zoning of AR (Agricultural Residential). South: The subject property is bordered on the south by two (2) unincorporated County parcels, one of which has a agricultural/commercial use, and the other is vacant. Both parcels have a County FLUM designation of MR-5 (Medium Residential - 5 units/acre) and Zoning of AR (Agricultural Residential). A portion of the subject area is also bordered on the south by the 90-foot w~de Lake Worth Drainage District L-31 Canal right-of-way. Beyond the canal is the multi-family Country Manom subdivision, with a City FLUM designation of MD (Medium Density Residential, 5-12 units/acre), and zoning of RM (Multiple Family Residential). West: The subject property is bordered on the west by the Winterplace (now known as The Colony at Delray Beach) housing development, several unplatted single family homes, and Parcel 1, which is to receive Commercial land use and zoning designations. The Winterplace Development has a zoning of PUD (Planned Unit Development), and the unplatted homes are AR (Agricultural/Residential). Both have a County FLUM designation of MR-5 (Medium Residential- 5 units/acre). Parcels 1 & lA (currently County MR-5 and CHO-8, proposed for City GC (General Commercial): West: The subject property is bordered on the west by a variety of intense commercial uses, which front on Military Trail. The uses include outdoor automotive storage, automotive & marine repair, and golf cart repair and sales. The adjacent parcels have Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 7 County Land use designations of CliO-8 (Commercial High Office - 8 units/acre) and CliO-5 (Commercial High Office - 5 units/acre), and zoning of CG/SE (General Commercial - Special Exception). Parcel lA is bordered on the west by Military Trail. Beyond Military Trail there are two medical offices. North: The subject property is bordered by the same twd commercial properties which have the golf cart repair & sales, and automotive storage uses. South: The subject property is bordered on the south by the 90-foot wide Lake Worth Drainage Distdct L-31 Canal right-of-way. Beyond the canal is the multi-family Country Manors subdivision, with a City FLUM designation of MD (Medium Density Residential, 5-12 units/acre), and zoning of RM (Multiple Family Residential). East,: The subject property is bordered on the east by Parcel 2, which currently has one (1) single family home, and a County FLUM designation of MR-5 (Medium Residential- 5 units/acre) and zoning of RTU (Residential Transitional Urban District). The proposed FLUM designation for this parcel is LD (Low Density Residential, 0-5 units/acre), with accompanying PRD (Planned Residential Development) zoning. As described in the Future Land Use Element of the Comprehensive Plan, the Low Density residential land use designation is applied to land which is developed, or to be developed, for single family residential uses. The majority of the land involved in this application (47.87 ac~s) is slated for, and has had an "advisory designation" of Low Density Residential. This use is compatible with all adjacent uses. The proposed FLUM designation of GC, however will allow for the development of commercial uses on parcels 1 & lA. As this property is currently vacant, and bordered by existing and proposed residential uses, mitigation of any adverse impacts of the commercial development, will be addressed via the site plan review process, through provision of site design and perimeter buffering. -- · Compliance - Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. As all property involved in this request is vacant or underdeveloped, compliance with the Land Development Regulations for all post-annexation development be addressed through the City's development review process. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body, Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 8 which has the authority to approve or deny the development application. These findings relate to the following four areas: Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below: Section 3.2.1 (Basis for Determining Consistency): The performance standards set forth in 'this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 .(Standards for Re, zoning Action. s): Standard A, B, C and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Parcels 2, 3, 4, 8, 9, 10, 11, 17,. & 18 [Currently zoned County AR (Agricultural Residential) and RTU (Residential Transitional Urban .District), proposed for City PRD (Planned Residential Development), 47.87 Acres]: As the surrounding uses are primarily residential or vacant with a small amount of commercial, compatibility with the adjacent uses is not a concern. Parcels 1 & lA [Currently zoned CG/SE (General Commercial- Special Exception) and AR (Agricultural Residential), proposed -for City PC (Planned Commercial), 6.63 Acres]: Parcels 1 & lA are bordered by commercial uses on two sides and residential on two sides. Compatibility is an issue with the two residential uses, but as both parcels are currently vacant, future commercial development would be subject to the City's development review process. Thus any potential adverse impacts can be properly mitigated through the applicable requirements of the Land Development Regulations. Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 9 Section 2.4.5(D)[5) (Rezoninq Findin_~s): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3;1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error;, That there has been a change in circumstances which make the current zoning inappropriate; em That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. Items "b" and "c" are the basis for which the rezoning should be granted. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach Planning Area, as defined in the Comprehensive Plan. The City, being the current owner, is seeking annexation of this property into the City, which requires that. appropriate City zoning designations be applied. The requested GC (General Commercial) zoning ~'~d PRD (Planned Residential Development) zoning is consistent with the GC (General Commercial) and LD (Low Density Residential, 0-5 units/acre) designations, respectively. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Properties involved with this propo§al are vacant or have sporadic single family structures. There are several commercial/agricultural uses located with the subject area, which will be phased out, and the single family homes will be demolished in order to provide for a larger master planned community. All post-annexation development, both commercial and residential, will be through the City's development review process, and in compliance with all Land Development Regulations. The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Palm Beach County Notice: On April 10, 2002 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 10 IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Intedocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: · Progressive Residents of Delray (PROD) · President's Council · United Property Owners · Barwick Estates HOA · Sabal Lakes HOA · Chatelaine HOA · Country Manors HOA · Rainberry Woods HOA Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of th~ subject property."-Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. The requested LD (Low Density Residential, 0-5 units/acre) Future Land Use Map designation is appropriate given that the advisory designations and long term plans for this area are Iow density single family residential. The PRD (Planned Residential Development) zone distdct is consistent with the LD FLUM designation. The GC (General Commercial) FLUM designation, although not the advisory designation for this area, is an appropriate use for the area, given its proximity to Military Trail and compatibility with adjacent commercial uses. The proposed PC (Planned Commercial) zone district is consistent with the GC (General Commercial) FLUM designation. Issues and concerns with adjacent residential uses and impacts of commercial development can be properly mitigated through the City's development process. Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 11 A. Continue with direction. Be Recommend approval of the Future Land Use Map amendments from County CHO/8 (Commercial High Office - 8 units/acre) and MR-5 (Medium Residential- 5 units/acre) to City GC (General Commercial) and LD (Low Density Residential, 0-5 units/acre) and initial zoning designations of PC (Planned Commercial) and PRD (Planned Residential Development), based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations and the Goals, Objectives, and Policies of the Comprehensive Plan Recommend denial of the Future Land Use Map amendments from County CHO/8 (Commercial High Office - 8 units/acre) and MR-5 (Medium Residential - 5 units/acre) to City GC (General Commercial) and LD (Low Density Residential, 0-5 units/acre) and initial zoning designations of PC (Planned Commercial) and PRD (Planned_Residential Development), with the basis stated. Recommend approval of the Future Land Use Map amendments from County CHO/8 (Commercial High Office- 8 units/acre) and MR-5 (Medium Residential- 5 units/acre) to City GC (General Commercial) and LD 'O-ow Density Residential, 0-5 units/acre) and initial zoning designations of PC (Planned Commercial) and PRD (Planned Residential Development), based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations and the Goals, Objectives, and Policies of the Comprehensive Plan Attachments: ~l Location Map ~l Aerial Photo Map s:~planning & zoning~boards~p&z board\cityownedflum.doc L-30 CANAL , MR5 MR5 =. ~ ' ~t~~- AGR I I I -~ ~~11111 , ~ ! t I t : ~ .,~ VAC AGR SFR ~ AR AR AR ~153 ROAD SOU~ -- · , '= ~ VAC SFR VAC VAC , ~ ~ MR5 MR5 MR5 MR5 1t III I ' ' N MAY 2002 .... CrTY LIMITS ....... (~- PARCEL ID (5.o) - ACREAGE P~O ~ ~ING ~ENT CITY OWNED PARCELS F.L.U.M. AMENDMENT AG R "'- EXISTING LAND USE AR ~ COUNTY ZONING DESIGNATION MRS-..--- COUNTY FUTURE LAND USE MAP DESIGNATION AGR COM SFR VAC - AGRICULTURE AR, RTU - RESIDENTIALZONING - COMMERCIAL CG - COMMERCIAL ZONING - SINGLE FAMILY MFS5 - RESIDENTIAL LAND USE, 5 UNITS/ACRES - VAc,~n' OHO/8 - COMMERCIAL HIGH OFFICE LA~D USE UAP Rt~: 1.14592 MAY 2002 --,,-, CITY LIMITS ....... (~- PARCEL ID (5.0) - ACREAGE PLANNING ~ ZONING DI-c'PARTI~N"r PHOTO FLIGHT DATE: 1999 CITY OWNED PARCELS F.L.U.M. AMENDMENT S~TE_ PC NUMBERS 0042-46-12-00-000-3040 0042-46-12-00-000-3170 00-42-46-72-00-000-3020 00-42-46-12-00-000-3210 00-42-46-I 2-00-000-3201 00-42-46-12-00-00(:~3025 SITE PC NUMBERS 00-42-46-12-00-000-32.20 00-42-46-12-00-000-3023 00-42-46-12-00-000-3021 00-42-46-12-00-000-3026 00-42-46-12-00-000-3180 MAP REF. LM, Sg2 COMPREHENSIVE PLAN AMENDMENT CITY OF DELRAY BEACH, FLORIDA 02-1 SUPPORT DOCUMENT Winterplace FLUM Amendment Staff Report (aka The Colony at Delray Beach) #2 SD #2 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: May 20, 2002 IV. I-2. City Initiated Future Land Use Map Amendment From County MR5 (Medium Residential- 5 units/acre) to City LD (Low Density Residential, 0-5 units/acm) for the Winterplace Subdivision (aka The Colony at Delray Beach), Located at the Southeast Comer of the L-30 Canal and Military Trail. GENERAL DATA: Owner/Applicant ............... Colony of Palm Beach Location .......................... Located at the Southeast mperty Size .................. Existing FLUM ................ Proposed FLUM ............. Current Zoning ................ Adjacent Zoning ..... North: East: South: West: Existing Land Use ............ Proposed Land Use ......... Water Service .................. Sewer Service .................. Comer of the L-30 Canal ,~d Military Trail. 34.6 Acres County MR5 (Medium Residential - 5 units/acre) City of Deiray Beach LD (Low Density Residential- 0-5 units/acre) County PUD (Planned Unit Development) '- County AR (Agricultural Residential) & RTU (Residential Transitional Urban) AR (Agricultural Residential) AR (Agricultural Residential) & RS (Single Family Residential) PO (Public Ownership District) & AR (Agricultural Residential) Residential Same as existing Existing on site Existing on site The item before the Board is that of making a recommendation on a Future Land Use Map amendment from County MR-5 (Medium Residential - 5 units/acre) to City LD (Low Density Residential, 0-5 units/acre), and assign zoning of PRD (Planned Residential Development) for the VVinterplace Subdivision. LDR Sections 2.4.5 (A) and (D) provide rules and procedures for the processing of this petition. The subject parcel is located on the east side of Military Trail, approximately % mile north of Lake Ida Road, just south of the LWDD L-30 Canal. The subject property is the plat of Winterplace (Plat Book 89, Page 179), recorded in February of 2001. The site, now known as The Colony at Deiray Beach, contains 151 zero lot line single family homes, situated on 34.6 acres land. The development is currently in unincorporated Palm Beach County within the City's Planning Area, more particularly descfibed-as a portion of Annexation Area "E" (the North Military Trail Area), as per the Future Land Use Element of the Comprehensive Plan. Annexation of this development is being processed concurrently as voluntary annexations, pursuant to a water service agreement dated March 8, 2000. The water service agreement contains a clause that states the property owner agrees to annex into the City, when the project becomes eligible for annexation. In conjunction with the annexation of this development, the City is also processing an annexation of 54.5 acres immediately to the east of this development. Once those, properties are annexed, this parcel will be contiguous and eligible for annexation. The development will maintain its current County Zoning of PUD (Planned Unit Development) and Future Land Use Map Designation of MR-5 (Medium Density - 5 units/acre); until such time that Comprehensive Plan Amendment 2002-1 (02-1) is adopted. The subject property, although not currently located within the City limits, has several previous City land use actions associated it, which are summarized below: February 4, 1994: City Commission approved a water service agreement for the subject property. The agreement was to allow the establishment of a wholesale nursery operation (Southern Ornamental Plants). September 5, 1995: City Commission approved a Future Land Use Map amendment for the property from the City's advisory Future Land Use Map designation of RR (Rural Residential) to City LD (Low Density Residential, 0-5 units/acre). This created consistency with the County's designation of the property of MR-5 (Medium Density Residential- 5 units per acre). Planning and Zoning Board Staff Report Winterplace FLUM & Rezoning Page 2 January 27, 1997: Planning and Zoning Board approved a conceptual master plan for 173 single family units and recommended approval to the City Commission of the associated water service agreement. February 4, 1997: City Commission approved the water service agreement for the proposed development. October 11, 1999: Planning and Zoning Board approved a master development plan for 151 single family units. November 2, 1999: City Commission approved the current water service agreement for the proposed 151 single family subdivision. There have been several master plan modifications to the project subsequent to these approvals, none of which were considered a material change to the project. Currently the subject area is platted as a 151 unit single family subdivision. Approximately 6 units have been constructed and sold, and several additional units are under construction. The proposal before the board is to apply a City zoning designation of PRD (Planned Residential Development) and Future Land Use Map designation of LD (Low Density Residential, 0-5 units/acm) to the 151 unit subdivision. Annexation of the subject area is being concurrently processed. The existing County FLUM designation of MR-5 (Medium Residential- 5 unit/acre) and zoning of PUD (Planned Unit Development) will be maintained, until Comprehensive Plan Amendment 02-1 is adopted. Current Land Use Desi.qnations: Currently the entire subject area has a County Future Land Map Designation of MR-5 (Medium Residential- 5 units/acre). Requested Land Use Designation: The intent of this application is to adopt the City's "Advisory" Future Land Use Map designation of LD (Low Density Residential, 0-5 units/acre). 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. Planning and Zoning Board Staff Report Winterplace FLUM & Rezoning Page 3 The subject area consists of 151 single family homes, and is seeking a PRD (Planned Residential Development) zoning designation. Planned single family communities are a permitted use within the PRD zone district. Further, this development received master plan approval from the City on October 11, 1999. As part of the master plan approval, the proposed development was reviewed under the PRD cdteda, and it was identified that upon annexation this development would be assigned to the PRD zone district. The PRD zone district is consistent with the LD (Low Density Residential, 0-5 unit/acre) FLUM designation. Consistency between the City and County Land Use Designations: The property currently has .a County Future Land Use Map designation of MR-5 (Medium Residential - 5 alu/ac) and a County zoning designation of PUD (Planned Unit Development). The current City "Advisory" designation for this property is LD (Low Density Residential, 0-5 units/acre), which is consistent with the County MR-5 FLUM designation, in addition the City zoning designation of PRD (Planned Residential Development) which is consistent with the County zoning designation of PUD (Planned Unit Development). Based upon the above, a positive finding with respect to consistency with the Future Land Use Map can be made. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following 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, or similar circumstances. The need must be supported by data and analysis. This policy 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 application is being processed concurrently with an annexation application, which requires changing the FLUM designation from County to City. The subject area, which is to be assigned to the City's LD (Low Density Residential, 0-5 units/acre) designation, currently has a City "Advisory Designation" of the same. Thus, requirement is not applicable. ~ Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. Planning and Zoning Board Staff Report Winterplace FLUM & Rezoning Page 4 A review of the goals, objectives and policies of the Comprehensive Plan was conducted and the following applicable objective was identified. Future Land Use Element Objective A-f: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. The subject property has been disturbed and does not have any unique environmental characteristics that would prohibit development of the site or require mitigation measures. Streets have been installed and individual lots are being developed. The use and intensity of the development were determined to be appropriate with the master development plan approval. · Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Findings of Concurrency for the 151 unit single family subdivision were made at the time of the master plan approval, approved in 1999. There will be no changes to the development. However, the following summary is provided. Water: Water service is currently provided from a connection to 12" water main on the east side of Military Trail and along the property's south property line, which connects to the existing mains within Military Trail and Barwick Road, as per the approved development plan. Sewer: Sewage mains and a new lift station sized for future development have been constructed as part of the infrastructure improvements of Winterplace development. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets and Traffic: A traffic study was been provided to the Palm Beach County Traffic Division during the master development plan process. This study indicated that the proposed 151-unit single family development will generate 1,510 new vehicle trips onto the surrounding roadway network. With the widening of Lake Ida Road, there is sufficient capacity available to accommodate the impact of the development. Parks and Recreation Facilities: The single family residences will not have a significant impact with respect to level of service standards for parks and recreation facilities. Upon annexation, each unit constructed will be required to pay the City's recreation impact fee of $500. Solid Waste: Trash generated each year by this development (when fully developed), will be approximately 1.99 tons per single family residence per year (151 units) for a total of 300.49 tons/year. This increase can be accommodated by existing facilities and thus, will not be significant with respect to this level of service standard. Planning and Zoning Board Staff Report Winterplace FLUM & Rezoning Page 5 I> Compatibility -The requested designation will be compatible with the existing and future land uses of the surrounding area. The property is surrounded by the following Future Land Use Map Designations, Zoning Designations and Land Uses: North: The subject property is bordered on the north by Lake Worth Drainage Distdct L- 30 Canal, has a 140-foot wide fight-of-way, and the Ridgewood Road right-of-way (100- feet). Beyond Ridgewood Road there are several unplatted homes, with some agricultural uses. The unplatted parcels have a County FLUM designation of MR-5 (Medium Residential- 5 units/acre) and Zoning of AR (Agricultural Residential) and RTU (Residential Transitional Urban). East: The subject property is bordered on the east by two (2) unincorporated County parcels, which currently contain commercial agricultural uses. These parcels are part of a separate annexation and FLUM designation change, currently in process. Both parcels have a County FLUM designation of MR-5 (Medium Residential - 5 units/acre) and Zoning of AR (Agricultural Residential). These parcels are seeking City FLUM designations of LD (Low Density Residential, 0-5 units/acre), and zoning of PRD (Planned Residential Development). · South: The subject p_roperty is bordered on the south by four (4) unincorporated County parcels, which currently contain vadety of uses, which include: agricultural/commercial, single family, and vacant. The parcel which contains the agricultural/commercial use (western most, adjacent to Military Trail), is are zoned AR (Agricultural Residential) and has a County FLUM designation of MR-5 (Medium Residential - 5 units/acre). The next parcel east, contains a single family home, and has County FLUM designation of MR-5 (Medium Residential- 5 units/acre) and zoning of RTU (Residential Transitional Urban). The Next parcel east is vacant, and has the same County FLUM designation and zoning as the previous. The eastern most parc'el is also vacant. This parcel is owned by the City and part of a separate annexation and FLUM designation change. Currently the parcel has a County FLUM designation of MR-5 (Medium Residential - 5 units/acre) and Zoning of AR (Agricultural Residential). This parcel is seeking a City FLUM designation of LD (Low Density Residential, 0-5 units/acre), and zoning of PRD (Planned Residential Development). West: The subject property is bordered on the west by Military Trail right-of-way. Beyond Military Trail is the Deiray Garden Estates single family subdivision, and a parcel which contains offices and related maintenance facilities for the Lake Worth Drainage District and the Farm Bureau of Palm Beach County. The single family subdivision has a County FLUM designation of MR-5 (Medium Residential - 5 units/acre) and Zoning of AR (Agricultural Residential). The office parcel has a County FLUM designation of INST (Intuitional) and Zoning of PO (Public Ownership District). As described in the Future Land Use Element of the Comprehensive Plan, the Low Density Residential FLUM designation is applied to land which is developed, or to be Planning and Zoning Board Staff Report Winterplace FLUM & Rezoning Page 6 developed, for single family residential uses. The entire subject area consists of single family uses, which is compatible with all adjacent uses. ·Comp. liance - Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. Compliance with the Land Development Regulations was addressed with the Master Plan approval, which was approved by the Planning & Zoning Board at their meeting of October 11, 1999. Given this fact, a positive finding with respect to compliance with the City's Land Development Regulations can be made. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These fin~iings relate to the-following four areas: Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below: Section 3.2.1 (B~sis for Determining Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. .Sectipn 3.2.2 (Standards for Rezonin.q Actions): Standard A, B, C and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Planning and Zoning Board Staff Report Winterplace FLUM & Rezoning Page 7 As the property is platted for a 151 single family units, and has received approval previously from the City, as well as the County, in the form of a master plan, compatibility with all adjacent uses is not a concern. Perimeter landscape buffers are provided to mitigate any potential impacts with adjacent properties. Se,ction'2.4.5(D)(5) (Rezonin.cI Findinqs}: Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. Items "b" and "c" are the basis for which the rezoning should be granted. The property is In the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach Planning Area, as defined in the Comprehensive Plan. The subject property is being voluntarily annexed into the City, pursuant to the water service agreement, which requires that appropriate City zoning designations be applied. The requested PRD (Planned Residential Development) zone district is consistent with the proposed LD (Low Density Residential, 0-5 units/acre) designation. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: As stated previously in this report, compliance with the Land Development Regulations was addressed with the Master Plan approval, which was approved by the Planning & Zoning Board at their meeting of October i 1, 1999. Given this fact, a positive finding with respect to compliance with the City's Land development Regulations can be made. The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Palm Beach County Notice: On April 10, 2002, the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. Planning and Zoning Board Staff Report Winterplace FLUM & Rezoning Page 8 IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Inteflocai Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: · Progressive Residents of Delray (PROD) · President's Council · United Property Owners · Barwick Estates HOA · Sabal Lakes HOA · Chatalaine HOA · Country Manors HOA · Rainberry Woods HOA Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the.subject property. Letters of objection, if any, will be presented at the Planning and _ Zoning Board meetin~ The requested LD (Low Density Residential, 0-5 units/acre) Future Land Use Map designation it is consistent with the advisory designation currently applied, and consistent with analysis preformed as part of the master plan approval for this development. Further, the zoning of PRD (Planned Residential Development) is consistent with the proposed LD (Low Density Residential, 0-5 units/acre) FLUM designation, and the approved development. Planning and Zoning Board Staff Report Winterplaca FLUM & Rezoning Page 9 A. 'Continue with direction. Recommend approval of the Future Land Use Map amendment from County MR- 5 (Medium Residential- 5 units/acre) to LD (Low Density Residential, 0-5 units/acre) and initial zoning designation of PRD (Planned Residential Development) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and consistency with the goals, objectives and policies of the Comprehensive Plan, subject to the following condition: Co Recommend denial of the Future Land Use Map amendment from County MR-5 (Medium Residential- 5 units/acre) to LD (Low Density Residential, 0-5 units/acre) and initial zoning designation of PRD (Planned Residential Development) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections-3.1.1, 3.2.2, and 2.4.5(D)(5), with the basis stated. Recommend approval of the Future Land Use Map amendment from County MR-5 (Medium Residential - 5 units/acre) to LD (Low Density Residential, 0-5 units/acre) and initial zoning designation of PRD (Planned Residential Development) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and consistency with the goals, objectives and policies of the Comprehensive Plan, subject to the following condition: Attachments: · Location Map PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: May 20, 2002 IV. !-3. City Initiated Future Land Use Map Amendment From MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) for a Property Located on the East Side of Gleason Street, Approximately 94 Feet South of East Atlantic Avenue. Applicant/Agent ............... City of Delray Beach Owner ............................. William R. Swindle, TR. Location .......................... Located on the East Side of Property Size .................. Existing FLUM ................ Proposed FLUM ............. Current Zoning ................ Adjacent Zoning ..... North: East: South: West: Existing Land Use ............ Proposed Land Use ......... Water Service .................. · ~ Sewer Serv~c ................... Gleason Street, Approximately 94 Feet South of East A-flantic Avenue. 0.27 Acres MD (Medium Density Residential 5-12 du/ac) CC (Commercial Core) CBD (Central Business District) CBD (Central Busines..s District) CBD (Central Business District) CF (Community Facilities) CF (Community Facilities) RM (Multiple Family Residential) & CBD (Central Business District) Offices Same as existing Existing on site Existing on site LOWRY ATLANTIC STR,EET ~;'RKSHIR~. IV. i..3. The action before the Board is making a recommendation to the City Commission on a City initiated corrective Future Land Use Map (FLUM) amendment from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) for a portion of the Frances Brewster property (1100 E. Atlantic Avenue). The subject property is located on the east side of Gleason Street, approximately 94' south of East Atlantic Avenue and contains 0.27 acres. Pursuant to LDR 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. The subject property consists of Lots 4-8, Block 4, Ocean Park Subdivision, and is part of a mixed-use development (Lots 1-8) consisting of retail shops, offices and apartments. The original structure was built in 1954 as a mixed-use development with retail on the first floor and apartments on the second floor. There have been numerous modifications over the years. The site currently contains an 8,300 sq.ft, building with approximately 5,800 sq.ft, of retail on the first floor, 2 apartments and 2 offices on the second floor, and 22 on-site parking spaces. Prior to 1989, the property's Future Land Use Map designation was C (Commercial) and the zoning designation was LC (Limited Commercial). With the adoption of the City's Comprehensive Plan and Future Land. Use Map in November 1989, the FLUM designation for Lots 4-8 was changed to MD (Medium Density Residential 5-12 du/ac) and the designation for Lots 1-3 (adjacent to Atlantic Avenue) was changed to CC (Commercial Core). Subsequently, the entire property was rezoned from LC to CBD (Central Business District) with the adoption of the Land Development Regulations and Citywide rezoning in October 1990. Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The property's current MD (Medium Density Residential 5-12 du/ac) Future Land Use Map designation is inconsistent with its current CBD (Central Business District) zoning designation, and does not permit the existing mixed-use development. This portion of the site is part of an overall commercial development and as such should have a similar commercial designation. The Future Land Use Map amendment is being sought to eliminate an existing inconsistency with the CBD zoning and commercial use of the site. P & Z Board Staff Report 1100 E. Atlantic Avenue (former Frances Brewster Property) - Corrective FLUM Amendment from MD to CC Page 2 REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: Demonstrated Need - That them 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, or similar circumstances. The need must be supported by data and analysis. This policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space. The current FLUM designation of MD on the property (south 166.7') is inappropriate as the Medium Density Residential designation is inconsistent with the commercial use on the property as well as the property's commercial zoning of CBD. This corrective amendment will apply a Future Land Use Map designation of Commercial Core on the entire property reflecting the commercial use of the property which has continued since the 1950's. Thus,.the amendment will eliminate an inconsistency and correct a mapping error. Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The proposed FLUM amendment to CC is corrective in nature and eliminates the confusion of having dual Future Land Use Map designations on one mixed-use site. .Comprehensive Plan Policies: A review of the applicable Comprehensive Plan Policies was conducted and the following applicable policy was identified. Coastal Management Element Policy C-3.2 - There shall be no change in the intensity of land use within the barder island and all infill development which does occur shall connect to the City's storm water management system and sanitary sewer system. It is noted, the proposed FLUM amendment will change the potential intensity of the land use, as the Commercial Core designation allows commercial uses. However, the current MD FLUM designation was established in error and there are currently no changes proposed to the site with this FLUM amendment that would increase the intensity of the uses on the property. With regards to residential density, within the CBD zoning district residential density is limited to 12 units per acre on properties east of the Intracoastal Waterway. Thus, there will be no increase in residential density potential. Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. P & Z Board Staff Report 1100 E. Atlantic Avenue (former Frances Brewster Property) - Corrective FLUM Amendment from MD to CC Page 3 The proposed FLUM amendment is corrective in nature and no new development or redevelopment is proposed with the request. Thus, the request will have no impact with respect to Concurrency. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. The requested designation of Commercial Core is consistent with existing uses on the property as well as the land use designation of the adjacent commercial properties. The designation is compatible with the adjacent land uses. The property is surrounded by a mix of commercial, multi-family residential and church uses. It is noted that the multi- family development to the west currently has an underlying land use designation of Commercial Core and is currently in the process of being rezoned from RM to CBD. Since no development changes are proposed and the current uses have existed on the site since the 1950's, no compatibility concerns are noted with the surrounding uses. Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. '['.he subject property is developed and no additional improvements are proposed with this request. "- The development proposal is not located within the geographical area requiring review by the Historic Preservation Board. Community Redevelopment Agency The CRA reviewed and recommended approval of the request at its meeting of May 1, 2002, and recommended approval. Downtown Development Authority The DDA reviewed and recommended approval of the request at its meeting of May 15, 2002, and recommended approval. Courtesy Notices: A special courtesy notice was provided to the PROD (Progressive Residents of Delray), the President's Council and the following homeowners associations: · Beach Property Homeowners Association · Via Marina P & Z Board Staff Report 1100 E. Atlantic Avenue (former Frances Brewster Property) - Corrective FLUM Amendment from MD to CC Page 4 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Two letters opposing the proposed FLUM amendment have been received from residents of the Venetian Village Condominium. Additional letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. The existing FLUM designation of MD (Medium Density Residential 5-12 du/ac) is inappropriate for the property as it is zoned CBD (Central Business District) and contains an existing commercial development, which has existed for many years. The uses will not be affected by the proposed change. The FLUM amendment will correct a mapping error and result in FLUM and zoning consistency for the property. No new development or redevelopment is proposed with this request. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the Comprehensive Plan, and Section 3.1.1 of the Land Development Regulations. Further, the FLUM amendment is consistent with the goals, objectives, and policies of the City's Comprehensive Plan. A. Continue with direction. Recommend to the City Commission approval of the corrective Future Land Use Map amendment from MD to CC 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, and consistency with the goals, objectives, and policies of the City's Comprehensive Plan. Recommend to the City Commission denial of the corrective Future Land Use Map amendment from MD to CC, based upon 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 (A) of the Land Development Regulations, with the basis stated. Recommend to the City Commission approval of the corrective Future Land Use Map amendment from MD to CC 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, and consistency with the goals, objectives, and policies of the City's Comprehensive Plan. Attachments: Location map, Future Land Use Map & Zoning Map P & Z Board Staff Report 1100 E. Atlantic Avenue (former Frances Brewster Property) - Corrective FLUM Amendment from MD to CC Page 4 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Two letters opposing the proposed FLUM amendment have been received from residents of the Venetian Village Condominium. Additional letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. The existing FLUM designation of MD (Medium Density Residential 5-12 du/ac) is inappropriate for the property as it is zoned CBD (Central Business District) and contains an existing commercial development, which has existed for many years. The uses will not be affected by the proposed change. The FLUM amendment will correct a mapping error and result in FLUM and zoning consistency for the property. No new development or redevelopment is proposed with this request. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the Comprehensive Plan, and Section 3.1.1 of the Land Development Regulations. Further, the FLUM amendment is consistent with the goals, objectives, and policies of the City's Comprehensive Plan. Ao Continue with direction. Recommend to the City Commission approval of the corrective Future Land Use Map amendment from MD to CC 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, and consistency with the goals, objectives, and policies of the City's Comprehensive Plan. Recommend to the City Commission denial of the corrective Future Land Use Map amendment from MD to CC, based upon 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 (Al of the Land Development Regulations, with the basis stated. Recommend to the City Commission approval of the corrective Future Land Use Map amendment from MD to CC 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, and consistency with the goals, objectives, and policies of the City's Comprehensive Plan. Attachments: Letters of Opposition, Location Map, Future Land Use Map & Zoning Map WiLLIAM M. i-LA 14 EMMA PLACE EATON'TOWN, N.J. 07724 'OR 75 V~'E'I/A.N DR_ DELRAY BEACH, FLA.. 33493 CirI-f OF D~.~..~P,.AY ] 00 N W. ]n' AXE DELRAY BEA~--I, ~--& TO ~OM TT ]¢~&Y CON~,_~: l .~ '¢,"P,.:.,-~_'G TO YOU P~GA. RD~G 5 N.O =-],L-~S T_:i~.T i RECE.'\~D P~EGA_KDD4G PROPOS~ C.H.-'.NGES TO ZO..N,_~G ~ L.'-LNwD USE ON 3 PROPERTr~_~S TF_~.T ~2..E ~TTi_~ 500 ~T O? MY RES,'~_'-_NCE. ii~ NONCES - ' _00..-_]- & 2002-23-.'. ~,' QUES~ON A_RS. r'Wr_2 f 2002-200. o '~, ~ ~Y %~ COAA~~Y i~ b~ Uq{~ MOS/OF ~ ~S~S 1~ ~N~ FOR T~ SEASON. ~E4U~ %~ P~)ZIT= ~T %~ )~ SNOW B~S, ~ PAY Ob~ I.~S ~.~ SHO'~-D ~ A PdO~ TO BE AGO ~d T~ D~TA_~BqG T~ I WAS ~ A ~S~~ ALTHOUGH O~ O~ ~GH D~S~, D~ TO E~ FAU ~_~T ~E .~ BECAUSE ~ LOW ~ TOg~ .~ ~ LOCATiON. ~E DON'T CO]~~ BU~ .DBqGS .~ P_~G ~A~OES ~ O~ BACK YA~. A3~ USE ~¢E. BL~ I ~2P~ TO 2~OW ~&T A ~GH G.~OE ~ ON ~ FL~N~ G BOAI~ l~ ~ NOT TOO DIST.~N~ '---'- PR~\]OUS.--,-,.-~-,--' --~1. rr', ,,n c .'~, ~...__, .'~,'mc., -,.- DD .~. v., 9:,~Epj tw_ JOB O? 3'~,D3~'3 DE:.S~.Y 2<70 A NOTIC~ A Cl-~_'-2W~E_- O=- A~jDE .'-_~c~, A_N A~V?i TO C-El R!D OF _Bi3S~SSES 'f:-i.AT ~.E ON _4JLA_%-F/_, C AVE. _~ .~_'~ O~",qO'US A.'rT?-._lv'~T TO BL~_.D SOlv~ .'WE~~ P&--fA?~ O_ ~ER_aT/ONS AT R.ESIDEN'q'S Ti-4~J krVE .-N~_R Ai~_.A.N .'TLC AVE. I _"-._M NO/AGA. LNST PROGR_ESS. BDT QL~Si-iON/=-J?_. WISDOM OF CC_-L~-)qG,_~ Z. ONL-WG A_ND D--_~S~_'TY USE, A_ND RE.MLLY WO.~-iSR %triO OR WHOM B_--N. -_--wi'i .---ROM SUCH CH/uNC~S. CL'~RTAiNLY NOT TP~ RESIDENTS, WHO, BY THE WAY. HAVE JUST B~-----N.~ ASSESSED A 33% TAX INCREASE, MAINLY DUE 'fO T,tLE CITY TAX iHAT HAS RISEN DKAS~CALLY UNDER THE NEW ADM~IN1STRATION. PLEASE CONSIDER DAP,_K~ BUSH M5r REPR.ESSN. V'fAT]\~ TO SPEAK Lq MY BEHALF. MR. BUSH IS A 9,mr_LL KNOWN LOCAL REAaL ES/ATE PERSON THAT CAN CO~ ON WHAT IHESE Ci~.NGES WiLL DO TO OUR PRO?ERTY VALUES. YOURS TRLn_Y. AL.gO _,--.---_- .-'.-ZS'DCLAT] ON Venetian Village Condominium Assoc., Inc 75 Venetian Drive Delray Beach, Flor/da 33483 May 14, 2002 Mr. Paul 'o Dorlm=, Dir~ux P, axmm= and Zoning ] 00 N.W.I ~ Av~us Delr~y Beach. ~ofida RE: Pries 2002-200, 2]4, and 234 Dear Mr. O~ ~hat~' of our ~esi~nt. ]Va. Will/am Ha?xer, and our Bo~,-d ofDiremors ~ am x~fing zo voice ow '~oimiee.mre ov~ the attem?, To change the zoaine remztario~q '~:~efian Village Condominium Association is h/ghly oppose,5 To am' ck, nnge m ~e zoning cl~5ifizan~n ~ of'the inrrazoe_~.~l bridge on Adanric Avenue. We f~I that the zoning cl~5ifiz,afion,. 'mukiple :family re$i~nrial - mzfi/~rm dens/B?' /s 'very iii ,ush-afive of our ~..a~:ui beaz'n neighbo~oorl We are srrongiy ~ am, change e .slre~.ially to, "C~-'~I B'~4mess D/s-a-/cf'. We reside on a bm-r/er island nol in a central business disrri~ Please place our o?_9asitioz on ~e pal~Iie re:ord. Thank you £or yom' Joseph A. Regan 75 Venetian Drive 4B Dekay Beach, Florida 33493 May 14, 2002 Mr. Paul Darling Dir-~r Planning and Zoning ] 00 N.W. ] ~ Avmue DeL'ay B=ia, RE: 2002500, 2]4, and ~-4 D:az Ma. Doriiag5 We are in rezei.w, oflettars fi-om your offi:e re__~rdiag proposed cha~ges in zor~g or future land may ,us: for fare= properties reD' clos¢ m om- residenc¢. My wi~= ~ ~ f~2 ~on~y a_.~-~5~ a~y ckmages ~'om m=~um de~i~' We ,,-e v.wy happy ii'dug on our i~ylli¢ bm'tier island as it exi~.s m presem. Atlantic Avenue ~ of Ibc intracoasml ~tt.~3' should never be changed to be pa~'i of DeL-ay Beaeh'~ %grit-al business diswi='. Our quali~' of~5 in thin p=aesSal nei~ho~ood as it no'*' e~As*.s is exactly whal we &'e~med about rare o~- ~ x,isi't~ m Deiray B~eh in lam 1972. PI.vase nora that not say DeAray C~tral Business District Et. ach This i&~l and ;he ~~ thrgm to our propgrty ;~ues &~t~-iorating d=man~ thai we sland very. strongly ~ an3.' change in ;he cm-r~nt zoning regulations. - PI=nsc ~ our fuxn obj~iom ~ou;.~ Fries ~ .. = 2002~00, 2002514 and 2002-224 on the r~ord. Thank you ~or yo~ am.~on m this mam.~r. Joseph A. P. egan BY: BD&W ~EALTOR~INC.; 56i 278 8688; I/,AY-14-D2 12:41PU; PXBE t/1 ~URA.NI&R GARDE~ A.PTS., [NC 6D-80 VENE~ DR/V'E D~Y BEACH, .FLOR]DA 334g3 :- Ma), ]4, 2002 City of D--,~y Beach Plmmi~g and Zorfing D~mmm:nt R~: .-m!w'rrr~:[ zoning chang_=s from (}l=ason to Th-, r=sid~-mts of Miramar Gard:n.44~ta., thc. vigorously obj:ct to this zoning change. I r~f~r to th~ T~asur: Co~t Regional Phnniag Coundl publication pag-.. 47 d~ignating th(~ m':a for a vazldn.~ garag:. Th: impazt of this four story commm~al structure would be devamating ~b the citiz=ns who IN= in th~s ~ Th~ tra.ffic on Vgn~fian would b~ horfific. Think Linton Blvd. TI~-~ b-'mW olD=h-ay b'.ach is h th-' oc,~n,' the b.~utiful gm~ areas, th= th~ f~=! of a small town. Th~ is what has brought us the lm'o~eri~' we m~joy...let ~ not rain oar b~amJful MW with uasi~dy font mary c. cn'nmevcfial :. Since~ly, B¢Ix'y Diggans Vic-- Pr:sid.~t REr',,:tVED :. 1070 Evergreen Court Box 372 Eden Valley, MN 55329 May 16, 2002 Dear Paul Dorling: In 1962 my luther wstch~ MimM~ being ~ He aud my ~r ~ ~ ~ ~uple to buy a ~ ~ the compl~ Bo~ of~ fo~ ~ve p~ a~y ~d now ~ hm~d ~d I ~d ~ ~ mo~ ~ D~ Beack We ~joy ~ t~ ~ ~ ~ m ~ ~ ~sid~. Ok ~ ~ ~ ~e s~pp~g ~e~ ~t ~ abate ofc~ Yes, ~ ~ a lovely ~ to live. Ho~ ~ ~ ~s w~ ~ ~ ~ y~ ~o~d. Now we hear you wenI to ruin our quiet area by putting up · 4 story-parking ramp. We went you to know we m'e _very much opposed to ff6s id~. I! will ruin our qui~t residential living area. The majorky of us are senior citizens and we enjoy the p~.ace ~ qui~t ar~a that we have chosen 1:o live in. You have passed up plenty of opportunities to build your parking ramp in cornr~rcial are~. Why are you trying to ruin our ar~a? Again - we are very much Ol~posed to it. Please reconsider your laim-braincd idea. Sinr ely, Marvin & Jane An&tson 6O Ven~im Dr~ Apt. 100N · ,.,--j;.~ AM MAIL I~0~(£$ ETC.PLAISTOW 603 382 1818 Wa), 16, 200~ I:~lmy B¢~ PL 33444 ~: Mr. ~rli~ d=~, nois~, p~id~ ~ from ofo~ co~i=x due m ~e n~o~ess ofV=ne~ ~ ~ ~. N~ ~ ~is ~ b}~k ~~ ~vc & Glc~on S~ct) pi~ for ~ ~n~ess~ ~.~stmn, nq~se ~ f~g~r b~d~. A ~ not to ~ used ~ ~e I~I o~ or ~es~- gl complexes ~ ~ no ~d on ~ Isl~ ~iaIly ~at ~ for ~y ~m cons~gon. H~wr, on / Re,specffully, Paglia ~ 60 vea~ti~ Dy'v, 60 Vene~im~ Drive D=tray B=ach, FL P.02 REGE!VED MAY I 7 200Z /~/___j ' ' ' ~L~ :tl t i i I II DORCHESTER II I II I ~ ~ ~ I1,, CO-OP , I I I --' THOMAS STREET ' '---T/ 'i" /=J! " C~.' ti ~ I ~--. i : BY THE SEA i i i H i i ~ ~ r I ~. ~ ~1 ~'~~-- ~ , ' / I I LOgY S~EET I MANOR HOUSE ~ ~ ,~l~~ ~ - CONO0 PARK " ~ ~ I ~R --~__~ ~ /~ ~ J ~¢~E ~ SPANISH~ -~iDELRAY ~cHI - ATLANTIC AVENUE , TO~RS ~ ~ ~ ' N Ci~ INITIATED CORRECTIVE MAP AMENDMENT ~ ~ O~AY BEACH, . ccc ~ ~ ~~ MARRIOTT , i~ SPANISH~ -- BI ' ~~ . ~ ~ ~ ~ ' ' I' " l ~11 ~~ ' ~ T I~11 , ,~ ' ~' ~ I~11 , ~' z ' . B~ I I~t '' ~' ' ~~ ~1 I~ I ' ' ~ ~ I MIRAMAR STREET , , ~ / ~/ I ~1 ~ DOVER HOUSE CONDO ~ ~1 III /~/ ~~ o~, ~,~ ,, N :/ I~1 ,I I I ' , CONpO °1 II N ~ FLUM GROVE CONDO STA. NO. 2 SPANISH RIVER RESORT ATLANTIC II VENU ¢ E DELRA Y BEACH MA RRIO TT MIRAMAR STREET ItM DO VER HOUSE CONDO OCEAN PLACE N C~TY OF' ~/..RAY B£ACH, FL ZONING COMPREHENSIVE PLAN AMENDMENT CITY OF DELRAY BEACH, FLORIDA 02-1 SUPPORT DOCUMENT #4 Existing Standards for Tiered Level of Service Table (Public Schools Facilities Element- Table A-f. f) SD #4 Table A-1.1 Standards for Tiered Level of Service CSA Facility Type 2000-01 2001-02 12002-03 12003-04 2004-05 ~2005-06 1 Elementary 120 110 Middle 130 125 1110 I High 110 2 Elementary 110 Middle 130 130 1110 High 115 115 115 1110 I 3 Elementary 110 Middle 130 130 110 High 115 115 115 1110 I 4 Elementary 115 110 Middle 130 130 110 High 115 115 115 1110 5 Elementary 110 Middle 130 130 115 I 110 High 135 135 130 130 1110 I 6 Elementary 110 Middle 130 130 120 110 High 120 120 120 110 8 Elementary 110 Middle 130 130 125 115 110 High 125 125 120 115 110 9 Elementary 110 Middle 125 125 125 115 1110 High 120 120 120 110 10 Elementary 135 120 110 Middle 125 125 125 ' 125 1110 I High 120 120 1~0 110 Table A-1.1 (Continued) 11 Elementary 135 ~ 135 110 Middle 125 = 125 125 110 High 125 125 125 110 12 Elementary 140 130 120 115 110 Middle 135 135 135 115 110 High 135 135 135 120 110 t4 Elementary 125 125 115 110 Middle 135 135 135 115 110 High 135 130 130 115 110 15 Elementary 135 135 115 115 110 Middle 125 125 125 110 High 135 135 135 110 16 Elementary 130 115 110 Middle 120 120 120 115 110 High 135 135 135 120 110 17 Elementary 130 125 110 Middle 135 130 130 110 High 145 120 " 120 110 18 Elementary !120 115 115 115 110 Middle 1120 120 120 120 110 High 145 120 120 115 110 19 Elementary 110 Middle 110 20 Elementary 110 Middle 125 110 High 165 130 1130 1130 1110 Table A-1.1 (Continued) CSA Facility Type 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 21 Elementary 115 110 Middle 125 125 125 110 High 125 125 125 115 1110 I 22 Elementary 110 Middle 110 High 110 23 Elementary 110 Middle 110 High 110 County Alternative 110 wide Schools Source: Based on data depicted in the School District of Palm Beach County FY2001-FY2005 Five-Year Plan and FY 200t Capital Budget, June 2000, and the actual count of students in the second semester of the 2000-01 school year. COMPREHENSIVE PLAN AMENDMENT CITY OF DELRAY BEACH, FLORIDA 02-1 SUPPORT DOCUMENT #5 Existing Maximum Utilization Table (Public Schools Facilities Element- Table A-1.2) SD #5 Table A-'I.2 MAXIMUM UTILIZATION TABLE: Standards for Utilization of Capacity CSA FacilityType 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 1 Elementary 165 125 125 120 120 120 Middle 130 125 120 120 120 120 High 120 120 120 120 120 120 2 Elementary 120 120 120 120 120 120 Middle 130 130 120 120 120 120 High 120 120 120 120 120 120 3 Elementary 120 120 120 120 120 120 Middle 130 130 120 120 120 120 High 120 120 120 120 120 120 4 Elementary 155 150 120 120 120 120 Middle 135 135 120 120 120 120 High 135 135 130 130 120 120 $ Elementary 155 150 120 120 120 120 Middle 140 135 120 120 120 120 High 135 135 130 130 120 120 Elementary 155 145 ~ 120 120 120 120 6 Middle 135 135 120 120 120 120 High 120 120 120 120 120 120 8 Elementary 160 160 160 145 120 120 Middle 135 135 135 130 120 120 High 120 120 120 120 120 120 9 Elementary 120 120 120 120 120 120 Middle 135 135 135 130 120 120 High 120 120 120 120 120 120 10 Elementary 205 165 120 120 120 120 Middle 135 135 135 135 120 120 High 120 120 12~ 120 120 120 Table A-1.2 (Continued) CSA FacilityType 2000~1 2001~2 2002~3 2003~4 2004-05 2005-06 11 Elementa~ 245 245 120 120 120 120 Middle 125 125 120 120 120 120 High 125 125 120 120 120 120 12 Elementa~ 150 150 125 120 120 120 Middle 145 145 145 125 120 120 High 135 135 135 120 120 120 14 Elementa~ 140 135 135 130 120 120 Middle 145 145 145 125 120 120 High 165 120 120 120 120 120 15 Elementa~ 180 ~80 165 140 120 120 Middle 130 130 125 120 120 120 High 135 135 135 120 120 120 16 Elementa~ 200 , 120 120 120 120 120 Middle 140 125 125 125 120 120 High 135 135 135 120 120 120 t7 Elementa~ 205 205 125 125 120 120 Middle 175 175 175 120 120 120 High 145 120 ' 120 120 120 120 18 Elementa~ 130 120 120 120 120 120 Middle 130 130 130 130 120 120 High 160 120 120 120 120 120 19 Elementa~ 120 120 120 120 120 120 Middle 120 120 120 120 120 120 High 170 135 135 135 120 120 20 Elementary 140 140 140 135 120 120 Middle 130 120 120 120 120 120 High 170 145 145 130 120 120 Table A-1.2 (Continued) CSA Facility Type ~ 2000-01 2001-02 2002-03 2003-04 2004-05 2005.06 21 Elementary 165 145 120 120 120 120 Middle 155 155 155 120 120 120 High 145 145 145 120 120 20 22 Elementary 120 120 120 120 120 120 Middle 120 120 120 120 120 120 High 120 120 120 120 120 120 23 Elementary 300 120 120 120 120 ~ 120 Middle 120 120 120 120 120 120 High 120 120 120 120 120 120 County Altemative 120 120 120 120 120 120 Wide Schools Source: Baaed on data depicted in the School District of Palm Beach County FY200t-FY2005 Five-Year Plan and FY 2001 Capital Budget, June 2000. COMPREHENSIVE PLAN AMENDMENT 02-1 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #6 Proposed Standards for Tiered Level of Service Table (Public Schools Facilities Element- Table A-f. 1) SD #6 Proposed Table A-1.1 Standards for Tiered Level of Service CSA Facility Type 2002-03 12003-04 12004 5 1200s-06 ,1 Elementary 110 Middle 110 High 110 2 Elementary 110 Middle 110 High 125 1110 I 3 Elementary 110 Middle 110 High 125 1120111o 4 Elementary 110 Middle 110 High 125 1120 111o 5 Elementary 110 Middle 110 High 130113o1110 6 Elementary 110 Middle 125 '- 120 110 ~High !125' 120 110 8 Elementary 110 Middle 125 125 110 High 120 120 110 9 Elementary 125 125 110 Middle 125 115 110 High 120 130 110 10 Elementary 110 Middle 125 125 1110 I High 120 110 Proposed Table A-1.1 (Continued) 11 Elementary 110 Middle 125 1110 I High 110 12 Elementary 110 Middle 135 120 110 High 140 120 110 14 Elementary 115 110 Middle 140 140 110 High 115 115 110 t 5 Elementary 110 Middle 135 135 110 High 120 120 110 16 Elementary 130 130 110 Middle 122 125 110 High 150 150 110 17 Elementary 110 Middle 110 High 115 110 18 Elementary 125 125 110 Middle 140 140 110 High 140 120 110 19 Elementary 110 Middle 110 High 110 20 Elementary 110 Middle 110 High 130 1130 1110 Proposed Table A-1.1 (Continued) CSA Fac,ityType 2002-03 12003-04 12004-05 1200S-06 21 Elementary 110 Middle 110 22 Elementa~j 110 Middle 110 23 Elementary 110 Middle 110 High 110 COMPREHENSIVE PLAN AMENDMENT 02-1 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #7 Proposed Maximum Utilization Table (Public Schools Facilities Element- Table A-f.2) SD #7 Proposed Table A-1.2 MAXIMUM UTILIZATION TABLE: Standards for Utilization of Capacity CSA Facility Type 2002-03 2003-04 2004.05 12005-06 I Elementary 130 130 110 Middle 120 High 120 2 Elementary 120 Middle 120 High 125 1120 3 Elementary 120 Middle 120 High 125 125 120 i4 Elementary 125 125 120 Middle ,, 120 High 130 120 110 5 Elementary 125 125 120 Middle 120 High 130 130 120 Elementary 125 ~" 125 120 6 Middle 135 130 120 High 125 125 120 8 Elementary 120 Middle 135 1135 1120 High 120 9 Elementary 130 130 120 Middle 135 130 120 High 130 130 120 ;10 Elementary 130 130 120 Middle 140 1,40 120 High 120 Proposed Table A-1.2 (Continued) CSA FacilltyType 2002-03 12003.o4 120o4-05 12005-06 11 Elementary 120 Middle 120 High 120 12 Elementary 130 130 120 Middle 145 130 120 High 145 120 14 Elementary 135 135 ~120 Middle 145 145 120 High 120 15 Elementary 145 145 120 Middle 140 140 120 High 135 120 120 16 Elementad/ 175 175 120 Middle 150 150 120 High 150 150 120 17 Elementary 155 150 120 Middle 130 .~ 130 120 High 135 135 120 18 Elementary 135 135 120 Middle 140 140 120 High 145 125 120 19 Elementary 130 125 120 Middle 120 High 145113o 112o 20 Elementary 120 Middle 120 High 145 113o 112o Proposed Table A-1.2 MAXIMUM UTILIZATION TABLE: Standards for Utilization of Capacity CSA Facility Type 2002-03 2003-04 2004-05 [ 2005-06 1 Elementary 130 130 110 Middle 120 High 120 2 Elementary 120 Middle 120 High 125 11'20 I 3 Elementary 120 Middle 120 High 125 125 120 4 Elementary 125 125 120 Middle 120 High 130 120 110 5 Elementary 125 125 120 Middle 120 High 130 130 120 Elementary 125 -. 125 120 6 Middle 135 130 120 High 125 125 120 8 Elementary 120 Middle 135 1135 1120 High 120 9 Elementary 130 130 120 Middle 135 130 120 High 130 130 120 10 Elementary 130 130 120 Middle 140 140 120 High 120 Proposed Table A-1.2 (Continued) CSA Facility Type 2002-03 12003-o4 12004-05 12005-o6 t 1 Elementary 120 Middle 120 High 120 12 Elementary 130 130 120 Middle 145 130 120 High 145 120 14 Elementary 135 135 120 Middle 145 145 120 High 120 15 Elementary 145 145 120 Middle 140 140 120 High 135 120 120 16 Elementary 175 175 120 i Middle 150 150 120 'High 150 150 120 17 Elementary 155 150 120 Middle i30 130 120 High 135 " 135 120 18 Elementary 135 135 120 Middle 140 140 120 High 145 125 120 19 Elementary 130 125 120 Middle 120 High 145 113o 112o 20 Elementary 120 Middle 120 High 1451'13o 1120 Table A-1.2 (Continued) CSA Facility Type 2002-03 2003-04 2004-05 120054)6 21 Elementary 135 135 120 Middle 135 135 120 High 145 145 120 22 Elementary 120 Middle 120 High 120 23 Elementary 120 Middle 120 High 120 L-30 CANAL .... ; I. i"1 : , ~ ~., ~ - ................ 1 ._1 _'":~"--~ CLASSICAL BOU~ ~ --, , , - , ' m · rt" ~ {. ~ AR · '.': .- · . '.. '.:':.: .; :"-"-i.= · MR5 ,- 7.~:~..:r....i.!:...~,:~_. - ~.~. . .'.': - :. . - '?/'~'"-'~'-"~~' ': "":'"' ' ""-='" ° "' "--~"--r' ....'~'-- ---- __ ..._,~:~~. ~t f ~..~ ;,t .~ ; I~~t ' ' ' ';* - { ' <L,.:,, [] r PINE TREE DRIVE -- ~ ~ ~* MOD'g'RN DRIVE: "~ ' J I >_ COM A~ {SFRI SFR { ir ~ -- I'~ PALM RIDGE BLVD ~ · I -< :~i I . , ~ ,, -- J ', m ~.[ \ I _I _~ / .... _- r , -- , r~- ~ 7~-~7^~ ro~;. " m m Z _- m i , I · ~ I ; I ~ I I ~ ~ III III I I III III I Il I I I III III I 11 I I I ICITY LIMITSI I I J L-31 I N I WINTERPLACE F.L.U.M. AMENDMENT MAY 2002 AR ~ COUNTY ZONING DESIGNATION 'AGR-- EXISTING LAND USE MR5..----¢OUNTY FUTURE LAND USE m Ii m ii m ii m MAP DESIGNATION CITY LIMITS AGR- AGRICULTURE AR, RTU - RESIDENTIAL ZONING COM - COMMERCIAL CG - COMMERCIAL ZONING aw o~ ~A~ BE,~.. ,~ SFR' SINGLE FAMILY MR5 - RESIDENTIAL LAND USE, 5 UNITS/ACRES PLANNING ,", ZONING DEPAR'naL~'r VAC ' VACANT CNG/8 - COMMERCIAL. HIGH OFFICE LAND USE --- O/6'/TA/. ~al~£ MAP $~'$1"E'&f --- MAe REF. LMSg2 I NOTICE OF PUBLIC HEARING NOTICE OF COMPREHENSIVE PLAN CHANGE 2002-1 Cl'r OF DELRAY BEACH, FLORIDA Th~ City Commissio~ of the (:~ of Delmy Beach will consider the follo~ng ordinance:.y. ORDINANCE NO. 16-o2 :"- >' AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTIN(~ COMPREHENSIVE PLAN AMENDMENT 2002-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE .PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3151 THROUGH 1~3.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2002-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFEGTIVE DATE .... -~ -~ ~ '~: A Public Hea~ng regarding ~ Plan Amendment 2002-1 will be held on TUESOAY~ JULY 15~ ~ AT 7:00 RM. (or at any oontinuatio?. The proposed TEXT AMENDMENTS address the following subject matter: ~ · Modification e~ Policy A-2.5, of the Future Land L/se Element, relating to updating the Land dev~ Flegulations regarding .co. orating uses, to reflect a new completion date of FY 0~/03; Comprehensive Plan Amendment 97-1, (accomplished); · Eanemte Pcd~ A-5.6, of the Future Land Use Elemem, regarding the need to increase densities in the ~ (General Commercial) Zm~e district, (acoomp~ished); · Eliminate Policy B-1.1, of the Future Land Use Element, regarding the establishment of a neighborhood park in am Blood's Hammock Grove Area, (accomplished); · Mod'dk:atJon of Policy C-4.2, of the Future Land Use Element, in order to acknowledge adoption of tm Downtow~ BL~ness Plan,' ' and provide that all future development will be consistent with the plan; · Modification of Public Schools Facilities Table A-1.1 (Standards for tiered Level o~ Service) and Table A-1.2 (Maximum Utilization Table), to reflect the most current available ihformation from the Palm Beach County School Board. The changes to the FUTURE LAND USE MAP (FLUM) involve b~ree areas of land which w~'ll be transmitted as a part of AJTm~lrnent # 2002-1. LOCATION MAP NUMBER GENERAL LOCATION ACTION PARCEL SIZE IN ACRES At this hearing, the CAty ~ommission will aocept public testimony and will consider b~e transmittal cd Comprehensive Plan Amendment 2001.O2 to ttm b-'tam of Florida Department of Community Affairs for Intergovemmental review and commenL Upon com~ o( the review, an additional adverlised public heming will be scheduled at which the ~Aty Commission will consider adoption of Comprehensive All interested parlfes are invited to attend the public hearing and comment upon the Plan Amendrne~t or submit their comments in writing to the Planning and Zoning Departnmnt. Further information cork~ming the proposed amendments can be obtmned from the Planning and Zoning Department, City Hall 100 NW 1st Avenue, FL 3,3444 (e-mail at pzmail~delra~anning.org) or by calling 561/243-7040 between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, excluding holidays. Please be advised that ff a person decides k) appeal any decision made by the Planning and Zoning Board ~ respect to any matter considered at b~is hearing, such person will need a reco~ of the prooeedings, and tot this purpose such person may need to ensure that City does not provide ~ prepare such reco.~ pursuant to E $. 286.0105. , , C~ITY OF DELRAY BEACH Monday, Ju~/e, aeoa ""-~ Cie/Clerk ' '~ Adl N~07027 I II II NOTICE OF PUBLIC HEARING NOTICE OF COMPREHENSIVE PLAN CHANGE 2002-'1 CITY OF DELRAY BEACH, FLORIDA The City Commission of the City of Delray Beach will consider the following ordinance: ORDINANCE NO. 16-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2002-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2002-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. A Public Hearing regarding Comprehensive Plan Amendment 2002-1 will be held on TUESDAY~ JULY 16~ 2002 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 NW 1st Avenue, Delray Beach, Florida. The proposed TEXT AMENDMENTS address the following subject matter: Modification of Policy A-2.5, of the Future Land Use Element, relating to updating the Land development Regulations regarding non-conforming uses, to reflect a new completion date of FY 02/03; Eliminate Policy A-5.1, of the Future Land Use Element, relating to updating the Land Development Regulations for consistency with Comprehensive Plan Amendment 97-1, (accomplished); Eliminate Policy A-5.6, of the Future Land Use Element, regarding the need to increase densities in the GC (General Commercial) Zone district, (accomplished); Eliminate Policy B-1.1, of the Future Land Use Element, regarding the establishment of a neighborhood park in the Blood's Hammock Grove Area, (accomplished); Modification of Policy C-4.2, of the Future Land Use Element, in order to acknowledge adoption of the Downtown Business Plan, and provide that all future development will be consistent with the plan; Modification of Public Schools Facilities Table A-1.1 (Standards for tiered Level of Service) and Table A-1.2 (Maximum Utilization Table), to reflect the most current available information from the Palm Beach County School Board. The changes to the FUTURE LAND USE MAP (FLUM) involve three areas of land which will be transmitted as a part of Amendment # 2002-1. Insert Map Insert Legend At this headng, the City Commission will accept public testimony and will consider the transmittal of Comprehensive Plan Amendment 2001-02 to the State of Florida Department of Community Affairs for Intergovernmental review and comment. Upon completion of the review, an additional advertised public hearing will be scheduled at which the City Commission will consider adoption of Comprehensive Plan Amendment 2001-02. All interested parties are invited to attend the public hearing and comment upon the Plan Amendment or submit their comments in writing to the Planning and Zoning Department. Further information concerning the proposed amendments can be obtained from the Planning and Zoning Department, City Hall 100 NW 1st Avenue, FL 33444 (e-mail at Dzmail~delravDlannin~.om) or by calling 561/ 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 Planning and Zoning Board with respect to any matter considered at this hearing, such person will need a record of the 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 based. The City does not provide or prepare such record pursuant to F. S. 286.0105. Published: Boca/Delray News Monday July 10, 2002 CITY OF DELI=AY BEACH Barbara Garito, CMC City Clerk Instructions to Newspaper: This notice must be at least two columns wide and 10 inches high with the headline [NOTICE OF PUBLIC HEARING/ COMPREHENSIVE PLAN CHANGE #2002-1/ CITY OF DELRAY BEACH, FLORIDA] to be in a type no smaller than 18 point. The ad is not to be placed in that portion of the newspaper where legal notices and classified advertisements appear. Thank you for your assistance. PARCEL SIZE IN LOCATION GENERAL ACRES MAP NUMBER LOCATION ACTION A. City-owned Barwick Several parcels FROM: COUNTY CHO/8 Ama Parcels located south of the (Commercial High Office L-30 Canal, between with residential density of Barwick Road and 8 units/acm) and MR5 Military trail (Medium Residential 5 54.5 units/acre TO: CITY GC (General Commercial) and LD (Low Density Residential 1-5 ....... du/ac) B. Winterplace PUD East side of MilitaryFROM: COUNTY MR5 Trail, South of the L- (Medium Density 30 Canal ' Residential 5 units/acm) 34.6 TO: CITY LD (Low Density Residential 1-5 du/ac) C. Gleason Street East side of Gleason FROM: MD (Medium Parcels Street, approx. 100 Density Residential 5-12 feet south of Atlantic du/ac 0.34 .. Avenue TO: CC (Commercial ~ Core! TO: THRU: FROM: SUBJECT: ClTYCOMMISSION DOCUMENTATION DAN MARFINO, PRINC~AL PLANNE~~~ MEETING OF JULY 16, 2~2 *FIRST READIN~ FUTURE LAND USE MAP AMENDMENT FROM COUNTY MR-5 (MEDIUM RESIDENTIAL-5 UNITS/ACRE) AND COUNTY CHOI8 (COMMERCIAL HIGH OFFICE-8 UNITS/ACRE) TO CITY LD (LOW DENSITY RESIDENTIAL, 0-5 UNITS/ACRE) AND CITY GC (GENERAL COMMERCIAL), AND ASSIGN INITIAL ZONING OF PRD (PLANNED RESIDENTIAL DEVELOPMENT) AND PC (PLANNED COMMERCIAL), FOR ELEVEN (11) PARCELS OF LAND CONTAINING APPROXIMATELY 54.5 ACRES, LOCATED NORTH OF LAKE IDA ROAD BETWEEN BARWlCK ROAD AND MILITARY TRAIL. BACKGROUND The subject property contains 11 unplatted parcels of land totaling 54.5 acres. The subject parcels are currently in unincorporated Palm Beach County within the City's Planning Area, more particularly described as a portion of Annexation Area 'E" (the North Military Trail Area), as per the Future Land Use Element of the Comprehensive Plan. All parcels were recently acquired by the City of Delray Beach, and are being separately processed as voluntary annexations at this time. All parcels will maintain their current County Zoning and Future Land Use Map Designations; until such time that Comprehensive Plan Amendment 2002-1 (02-1) is adopted. The proposal before the Commission is to apply City zoning of PC (Planned Commercial) and Future Land Use Map designation of GC (General Commercial) to 6.63 acres of the subject area, with the remaining 47.87 acres receiving City zoning of PRD (Planned Residential Development) and a Future Land Use Map designation of LD (Low Density, 0-5 units/acre). Positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Sections 3.1..1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations and the Goals, Objectives, and Policies of the Comprehensive Plan, can be made. ' 'AND PLANNING ZONING BOARD CONSIDERATION ..... At its meeting of May 20, 2002, the Planning and Zoning Board considered the request at a public hearing. Jim Lang, an adjacent property inquired as to what the LD Land Use Designation encompassed. There was no other public comment. After reviewing the staff report and discussion, the Board voted 6 to 0 (Randolph absent), to recommend approval. RECOMMENDED ACTION By motion, approve on first reading the ordinance for the application of an initial zoning of PC (Planned Commercial) and PRD (Planned Residential Development) and Future Land Use Map designations of GC (General Commercial) and LD (Low Density, 0-5 units/acre), based upon the findings and recommendation by the Planning and Zoning Board, and set a public hearing date of October 1, 2002 (after review by Department of Community Affairs). Attachment: · P & Z Staff Report of May 20,2002. · Ordinance S:t P&Z~boards~citycommission~BarwickAreaFL UM-CCDocc. doc \oa PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: May 20, 2002 IV. I-1. City initiated Future Land Use Map Amendment From County CliO/8 (Commercial High Office - 8 Units/Acre), and MR5 (Medium Residential - 5 Units/Acre) to City GC (General Commercial) and LD (Low Density Residential, 0-5 Units/Acre) for Several Parcels Located South of the L-30 Canal, Between Barwick Road and Military Trail. GENERAL DATA: Owner/Applicant ............... Location .......................... Property Size .................. Existing FJ_UM ................ Proposed FLUM ............. Current Zoning ................ Adjacent Zoning ..... North: East: South: West: Existing Land Use ............ City of Delray Beach Located South of the L-30 Canal, Between Barwick Road and Military Trail. 54.5 Acres ~C_ounty CliO/8 (Commercial High Office - 8 Units/Acre) & MR5 (Medium Residential- 5 Units/Acre) City of Delray Beach GC (General Commercial) & LD (Low Density Residential, 0-5 Units/Acre) County AR (Agricultural Residential) & CG (General Commercial) County AR (Agricultural Residential) & RS (Single Family Residential) County AR (Agricultural Residential) & City of Delray Beach R-l-AA (Single Family Residential) City of Delray Beach RM (Multiple Family Residential) County AR (Agricultural) & GC (General Commercial) & PUD (Planned Unit Development) Residential, Vacant, & Agricultural/Commercial It/Id The item before the Board is that of making a recommendation on a Future Land Use Map amendment from County MR-5 (Medium Residential - 5 units/acre) and County CHO/8 (Commemial High Office - 8 units/acre) to City LD (Low Density Residential, 0-5 units/acre) and City GC (General Commercial), and assign initial zoning of PRD (Planned Residential Development) and PC (Planned Commercial), for eleven (11) parcels of land located in the northwest quarter of Section 12 (Range 42, Township 46). LDR Sections 2.4.5 (A) and (D) provide rules and procedures for the processing of this petition. The subject parcels are generally located between Barwick Road and Military Trail, north of Lake Ida Road. The subject property contains 11 unplatted parcels of land totaling 54.5 acres. The .subject parcels are currently in unincorporated Palm Beach County within the City's Planning Area, more-particularly described as a portion of Annexation Area "E" (the North Military Trail Area), as per the Future Land Use Element of the Comprehensive Plan. All parcels were recently acquired by the City of Delray Beach, and are being separately processed as voluntary annexations at this time. All parcels will maintain their current County Zoning and Future Land Use Map Designations; until such time that Comprehensive Plan Amendment 2002-1 (02-1) is adopted. Please see Reference Map "City ~)wned Parcels FLUM Amendment", for the next section. For identification purposes, each of the eleven parcels has been given an arbitrary number. These numbers correspond to numbers assigned to each parcel at the onset of acquisition by the City. The numbering system is being maintained in oder to provide continuity and ease of identification. Under direction of the City Commission, staff is in the process of issuing a Request for Proposal (RFP) to Master Plan this area for future development. Although this amendment will assign FLUM designations and individual zoning districts to the subject area, the Master Plan will describe a more comprehensive and detailed use of the land. General direction was given for three over-all goals: Parcels 1 & lA (6.63 acres), should be designated for commercial development. Due to their proximity to Military Trail, these parcels appear to be the most marketable for commercial development, and will help to off-set the land acquisition costs incurred by the City. Consideration should also be given to the dedication of Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 2 right-of-way to provide access from Military Trail to the residential parcels to the east. 2. The balance of the subject area (47.87 acres) should be designated for single family residential development. Moderate-income housing should be emphasized. Reserve approximately 10-15 acres of the residential component for a neighborhood park. Preliminary analysis by the Parks & Recreation Department identified several parcels which would suitable. Emphasis will placed on certain parcels which have heavy concentrations of existing trees. The existing land uses for each of eleven properties are as follows: Parcels 1, lA, 3, 4, and 5 are vacant; Parcels 2 and 11 have single family homes; Parcels 9, 10, 17, and 18 have agriculture/commercial uses. The proposal before the board is to apply City zoning and Future Land Use Map designations to all 11 parcels. Annexation of all 11 parcels is being concurrently processed. Existing County FLUM designations and zoning will be maintained, until Comprehensive Plan.Amendment 02-1 is adopted. The following table represents the existing County FLUM designations and zoning, and the proposed designation of City FLUM and zoning for each parcel: EXISTING PROPOSED County County City City Parcel ID Zoning FLUM Zoning FLUM 1 AR MR-5 PC GC lA CG CliO/8 PC GC 2 RTU MR-5 PRD LD 3 AR MR-5 PRD LD 4 AR MR-5 PRD LD 8 AR MR-5 PRD LD 9 AR MR-5 PRD LD 10 AR MR-5 PRD LD 1t AR MR-5 PRD LD 17 AR MR-5 PRD LD 18 AR MR-5 PRD LD Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rez~nings Page 3 Current Land Use Designations: All parcels with exception of Parcel #lA have a County Future Land Map Designation of MR-5 (Medium Residential - 5 units/acre). Parcel #lA has a county designation of CliO-8 (Commercial High Office - 8 units/acre). Requested Land Use Designation: Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 will each be assigned a City Future Land Use Map designation of LD (Low Density Residential, 0-5 units/acre). Parcels 1 & lA will receive a designation of GC (General Commercial). Land Use Analysis: Pursuant to Land Development Regulations Section 3.1 .I(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The City is seeking initial zoning designation of PC (Planned Commercial) for Parcels 1 & lA. Both parcels are currently vacant, and the PC zone district is consistent with the GC (General Commercial) FLUM designation. Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 are to be assigned to the PRD (Planned Residential Development) zone district. All parcels are currently vacant or underdeveloped, meaning sparse single family or agricultural/commercial uses. All commercial uses on these parcels will be phased out by the time this amendment is adopted, or will become non-conforming. The PRD zone distdct is consistent with the LD (Low Density Residential, 0-5 units/acre) FLUM designation. Consistency between ,the City and County Land Use Designations: The existing County Future Land Use Map designation of MR-5 (Medium Residential- 5 units/acre) and the City's Future Land Use Map designation of LD (Low Density Residential, 0-5 units/acre) are consistent, in that both are designed for single family residential development at a maximum density of 5 units an acre. The City GC (General Commercial) FLUM designation and the County's CliO/8 are similar in that they both allow a variety of commercial and office uses, as well as multi- family development. The main difference between the two is that the City's GC FLUM designation allows multi-family development up to 12 units an acre, where as the County designation only allows 8 units to the acre. Parcel 1 has a current County FLUM designation of MR-5 (Medium Residential - 5 units/acre), but is seeking assignment to the City GC (General Commercial) FLUM designation. While these two designations are not consistent with one another, due to this parcel's proximity to Military Trail and adjacent commercial development to the west and north, the designation is apprepriate. Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 4 REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: ~ Demonstrated Need - That there is a need for the rbquested 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 application is being processed concurrently with an annexation application, which requires changing the FLUM designation from County to City. All parcels which are to be assigned to the__City's LD (Low Density Residential, 0-5 units/acre) designation, currently have a City "advisory designation" of the same. Thus, the need for this designation has been established previously, and this requirement is therefore, not applicable. The proposed GC (General Commercial) FLUM designation for Parcels 1 & lA, which allows a variety of commercial, office, and multi-family residential uses, is more intense than its "advisory designations" of TRN ~Transitional) and LD (Low Density Residential, 0-5 units/acre). However the subject properties are located immediately adjacent to commercial uses on the north and west sides. The subject property will have frontage on Military Trail, an arterial roadway, with a variety of intense commercial uses between Atlantic Avenue and the L-30 Canal. Proposed residential development to the east and existing residential development to the south can be properly protected and buffered from the future commercial development through the site plan review process. ~ Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. A review of the goals, objectives and policies of the Comprehensive Plan was conducted and the following applicable objective was identified. Future Land Use Element Objective A-f: Property shall be developed or redeveioped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. Planning and Zoning Board Staff Report City Owned Parcels .FLUM & Rezonings Page 5 The subject property does not have any unique environmental characteristics that would prohibit development of the site or require mitigation measures. All property included in the amendment is vacant or underdeveloped, and will be developed in such a way to complement adjacent uses. ~ Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Water: There are existing distribution lines associated with several developments in the area, i.e. Winterplace (northeast comer of Military Trail and the L-30 canal) Barwick Ranch, and Sabal Lakes. As the area is proposed for development, water main extensions will be required by this development. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build- out. Sewer: Sewage mains and a new lift station sized for future development have been constructed as part of the infrastructure improvements of Winterplace development. With redevelopment of the subject properties, further sewer main extensions will be required. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: The properties have access from either Military Trail or Barwick Road. Additionally, two local roads, 133 Road South and Palm Ridge Boulevard, provide access from Barwick Road into the properties. Depending on the development pattern, additional local roads internal to future residential development are anticipated with redevelopment of the property. Military Trail and Barwick Road are under the jurisdiction of Palm Beach County. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. The development of the property under the current County MR-5 and CH-O designations and the proposed City LD and GC designations would be similar with the exception of an increase with the change of designation for parcel 1. With future development, site plan approval will be required along with a full analysis of the traffic impact. However, there is adequate capacity on Military Trail to accommodate additional trips under either scenario. Parks and Open Space: The annexation of the property to accommodate future residential and commercial development will have some impact on park and recreational facilities. However, part of the future development of the area includes a public park site. The provision of new neighborhood parks has been identified as a future need in the City's recently completed Parks and Recreation Master Plan. Solid Waste: The future development of this area will continue to have similar solid waste impacts. The solid waste authority has indicated they have sufficient capacity to service this area. The service provider will not change, as described later in this report. Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 6 ~ Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. The property is surrounded by the following Future Land Use Map Designations, Zoning Designations and Land Uses: Parcels 2, 3, 4, 8, 9, 10, 11, 17, & 18 [Currently County MR-5 (Medium Residential - 5 units/acre), proposed for City LD (Low Density Residential, 0-5 units/acre) 47.87 acres]: ,North: The subject property is bordered on the north by Lake Worth Drainage District L- 30 Canal, which has a 140-foot wide right-of-way, and the Ridgewood Road right-of-way (100-feet). Beyond Ridgewood Road is the Cocoa Pine Estates subdivision and several unplatted homes, with some agricultural uses. The Cocoa Pine Estates subdivision has a County FLUM designation of MR-3 (Medium Residential - 3 units/acre) and Zoning of RS/SE (Single-Family Residential, Special Exception). The unplatted parcels have a County FLUM designation of MR-3 (Medium Residential - 3 units/acre) and Zoning of AR (Agricultural Residential). East: The subject property is bordered on the east by Barwick Ranch Estates, an existing single family development with a Future Land Use Map designation of City LD (Low Density Residential, 0-5 units/acre) and an R-l-AA (Single Family Residential) 'zoning designation and by the Gulf Club Estates subdivision and several unplatted single family parcels-~ith a County FLUM designation of MR-5 (Medium Residential- 5 units/acre) and Zoning of AR (Agricultural Residential). South: The subject property is bordered on the south by two (2) unincorporated County parcels, one of which has a agricultural/commercial use, and the other is vacant. Both parcels have a County FLUM designation of MR-5 (Medium Residential- 5 units/acre) and Zoning of AR (Agricultural Residential). A portion of the subject area is also bordered on the south by the 90-foot w~'de Lake Worth Drainage District L-31 Canal right-of-way. Beyond the canal is the multi-family Country Manors subdivision, with a City FLUM designation of MD (Medium Density Residential, 5-12 units/acre), and zoning of RM (Multiple Family Residential). West: The subject property is bordered on the west by the Winterplace (now known as The Colony at Delray Beach) housing development, several unplatted single family homes, and Parcel 1, which is to receive Commercial land use and zoning designations. The Winterplace Development has a zoning of PUD (Planned Unit Development), and the unplatted homes are AR (Agricultural/Residential). Both have a County FLUM designation of MR-5 (Medium Residential - 5 units/acre). Parcels 1 & lA (currently County MR-5 and CHO-8, proposed for City GC (General Commercial): ,West: The subject property is bordered on the west by a variety of intense commercial uses, which front on Military Trail. The uses include outdoor automotive storage, automotive & marine repair, and golf cart repair and sales. The adjacent parcels have Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 7 County Land use designations of CliO-8 (Commercial High Office - 8 units/acre) and CliO-5 (Commercial High Office - 5 units/acre), and zoning of CG/SE (General Commercial - Special Exception). Parcel lA is bordered on the west by Military Trail. Beyond Military Trail there are two medical offices. North: 'Fhe subject property is bordered by the same two commercial properties which have the golf cart repair & sales, and automotive storage uses. South: The subject property is bordered on the south by the 90-foot wide Lake Worth Drainage Distdct L-31 Canal right-of-way. Beyond the canal is the multi-family Country Manors subdivision, with a City FLUM designation of MD (Medium Density Residential, 5-12 units/acre), and zoning of RM (Multiple Family Residential). East: The subject property is bordered on the east by Parcel 2, which currently has one (1) single family home, and a County FLUM designation of MR-5 (Medium Residential- 5 units/acre) and zoning of RTU (Residential Transitional Urban District). The proposed FLUM designation for this parcel is LD (Low Density Residential, 0-5 units/acre), with accompanying PRD (Planned Residential Development) zoning. As described in the Future Land Use Element of the Comprehensive Plan, the Low Density residential land use designation is applied to land which is developed, or to be dev~eloped, for single family residential uses. The majority of the land involved in this application (47.87 ac~s) is slated for, and has had an "advisory designation" of Low Density Residential. This use is compatible with all adjacent uses. The proposed FLUM designation of GC, however will allow for the development of commercial uses on parcels 1 & lA. As this property is currently vacant, and bordered by existing and proposed residential uses, mitigation of any adverse impacts of the commercial development, will be addressed via the site plan review process, through provision of site design and perimeter buff6ring. · Compliance - Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. As all property involved in this request is vacant or underdeveloped, compliance with the Land Development Regulations for all post-annexation development be addressed through the City's development review process. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body, Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 8 which has the authority to approve or deny the development application. These findings relate to the following four areas: Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below: Section 3.2.1 (Basis for Determining Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.t(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3~.2.2 (Standards fqr Rezonin!~ Actions): Standard A, B, C and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Parcels 2, 3, 4, 8, 9, 10, 11, 17~ & 18 [Currently zoned County AR (Agricultural Residential) and RTU (Residential Transitional Urban District), proposed for City PRD (Planned Residential Development), 47.87 Acres]: As the surrounding uses are primarily residential or vacant with a small amount of commercial, compatibility with the adjacent uses is not a concern. Parcels 1 & lA [Currently zoned CG/SE (General Commercial - Special Exception) and AR (Agricultural Residential), proposed for City PC (Planned Commercial), 6.63 Acres]: Parcels 1 & lA are bordered by commercial uses on two sides and residential on two sides. Compatibility is an issue with the two residential uses, but as both parcels are currently vacant, future commercial development would be subject to the City's development review process. Thus any potential adverse impacts can be properly mitigated through the applicable requirements of the Land Development Regulations. Planning and Zoning Board Staff Report City Owned Parcels FLUM & Rezonings Page 9 Se,ction 2.4.5{D}~5} {Rezonina Findings): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error;, bm That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. Items "b" and "c" are the basis for which the rezoning should be granted. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach Planning Area, as defined in the Comprehensive Plan. The City, being. the current owner, is seeking annexation of this property into the City, which requires that.appropriate City zoning designations be applied. The requested GC (General Commercial) zoning ~'~d PRD (Planned Residential Development) zoning is consistent with the GC (General Commercial) and LD (Low Density Residential, 0-5 units/acre) designations, respectively. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Properties involved with this proposal are vacant or have sporadic single family structures. There are several commercial/agricultural uses located with the subject area, which will be phased out, and the single family homes will be demolished in order to provide for a larger master planned community. All post-annexation development, both commercial and residential, will be through the City's development review process, and in compliance with all Land Development Regulations. The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Palm Beach County Notice: On April 10, 2002 the Palm Beach County Planning Division was notified of the Cites intent to annex this property. To date, a response has not been received. Planning and Zoning Board Staff Report City Owned Parcels. FLUM & Rezonings Page 10 IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: · Progressive Residents of Delray (PROD) · President's Council · United Property Owners · Barwick Estates HOA · Sabal Lakes HOA · Chatelaine HOA · Country Manors HOA · Rainberry Woods HOA Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of th~ subject property.--Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. The requested LD (Low Density Residential, 0-5 units/acre) Future Land Use Map designation is appropriate given that the advisory designations and long term plans for this area are Iow density single family residential. The PRD (Planned Residential Development) zone distdct is consistent with the LD FLUM designation. The GC (General Commercial) FLUM designation, although not the advisory designation for this area, is an appropriate use for the area, given its proximity to Military Trail and compatibility with adjacent commercial uses. The proposed PC (Planned Commercial) zone district is consistent with the GC (General Commercial) FLUM designation. Issues and concerns with adjacent residential uses and impacts of commercial development can be properly mitigated through the City's development process. Planning and Zoning Board Staff Report City Owned Parcels FLUM & Re. zonings Page 11 A. Continue with direction. Recommend approval of the Future Land Use Map amendments from County CHO/8 (Commercial High Office - 8 units/acre) and MR-5 (Medium Residential- 5 units/acre) to City GC (General Commercial) and LD (Low Density Residential, 0-5 units/acre) and initial zoning designations of PC (Planned Commercial) and PRD (Planned Residential Development), based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations and the Goals, Objectives, and Policies of the Comprehensive Plan Recommend denial of the Future Land Use Map amendments from County CHO/8 (Commercial High Office - 8 units/acre) and MR-5 (Medium Residential- 5 units/acre) to City GC (General Commercial) and LD (Low Density Residential, 0-5 units/acre) and initial zoning designations of PC (Planned Commercial) and PRD (Planned._Residential Development), with the basis stated. Recommend approval of the Future Land Use Map amendments from County CHO/8 (Commercial High Office - 8 units/acre) and MR-5 (Medium Residential - 5 units/acre) to City GC (General Commercial) and LD (Low Density Residential, 0-5 units/acre) and initial zoning designations of PC (Planned Commercial) and PRD (Planned Residential Development), based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations and the Goals, Objectives, and Policies of the Comprehensive Plan Attachments: I~ Location Map [~ Aerial Photo Map s:~planning & zoning~boards~o&z board\cityownedflum.doc MR5 MR5 III I ' ~ ~ PINE m~ DRI~ ~ m , {{ , ~ , o ............... ~D ~ ~ PAlM RIDGE BL~ i~ ) S~ L~ =~ ' VAC AGR SFR L~~~ - ~ ~ AR AR AR ~ m mm ' Hmmlm,mmHm ~ 153 RO~ ~ ~1 Illlllllllll Illlllllillllllllllllllllllllll[lllllllllllllllllllllllll IIICI~ LIMITSI IIII1~ L-31 CANAL N CI~ OWNED PARCELS F.L.U.M. AMENDMENT MAY 2002 AR ~ COUN~ ZONING DESIGNATION AGR .... C~ LIMITS ....... MR5~ COUN~ FUTURE ~D USE MAP DESIGNATION - P~CEL ID AGR ' AGRICUL~ AR, RTU -RESIDE~I~ZONINO (5.0) - ACR~GE COM ' COMMERCI~ CG - COMMERC~ ZONING MR5 - ~SIDE~I~ ~D US~ 5 UN~AC~S ~NtN~ a ~N~ ~AR~ENT VAC ' VAC~ CHO/J - COMMERCI~ HIGH OFFICE ~D USE N MAY 2002 .... CITY LIMITS ....... {~)- PARCEL ID (&o) - ACREAGE L~TY 0~ D':J..RAY eFACH. FL , PHOTO FLIGHT DATE. 1999 CITY OWNED PARCELS F.L.U.M. AMENDMENT PC NUMBERS 00-42-46-12-00-000-3040 00~2-46-12-00-000-3170 0042-46-12-00-000-3020 0042-46-12-0~000-3210 0042.-46-12-00-000-3201 00-42-46-12-00-000-3025 SITE PC NUMBERS 00.42-46-12-00-000-32.20 0042-46-12-00-000-3023 00-42-46-12-00-000-3021 00-42-46-12-00-000-3026 00-42-46-12-00-000-3180 MAP REF I..~592 TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAN MARFINO, PRINCIPAL P[.ANNER'=~ MEETING OF JULY '16, 2002 *FIRST READING~ FUTURE LAND USE MAP AMENDMENT FROM COUNTY MR-5 (MEDIUM RESIDENTIAL - 5 UNITS/ACRE) TO CITY LD (LOW DENSITY RESIDENTIAL, 0-5 UNITS/ACRE), AND ASSIGN ZONING OF PRD (PLANNED RESIDENTIAL DEVELOPMENT) FOR THE WINTERPLACE SUBDIVISION, LOCATED ON THE EAST SIDE OF MILITARY TRAIL, APPROXIMATELY Y2 MILE NORTH OF LAKE IDA ROAD, JUST SOUTH OF THE LWDD L-30 CANAL. "' ' BACKGROUND ~ The subject property is the plat of Winterplace (Plat Book 89, Page 179), recorded in February of 2001. The site, now known as The Colony at Delray Beach, contains 151 zero lot line single family homes, situated on 34.6 acres land. The development is currently in unincorporated Palm Beach County within the City's Planning Area, more particularly described as a portion of Annexation Area "E" (the North Military Trail Area). This annexation of this parcel is being processed as a voluntary annexation, pursuant to a water service agreement dated March 8, 2000. The water service agreement contains a clause that states the property owner agrees to annex into the City, when the project becomes eligible for annexation. In conjunction with the annexation of this development, the City is also processing the annexation of 54.5 acres immediately to the east of this development. Once those properties are annexed, this parcel will be contiguous and eligible for annexation. Upon annexation, the development will maintain its current County Zoning of PUD (Planned Unit Development) and County Future Land Use Map Designation of MR-5 (Medium Density - 5 units/acre); until such time that Comprehensive Plan Amendment 2002-1 (02-1) is approved. The proposal before the Commission is to apply initial City zoning of PRD (Planned Residential Development), and initial City Future Land Use Designations of LD (Low Density, 0-5 units/acre). Positive findings with respect to Future Land tJse Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations and the Goals, Objectives, and Policies of the Comprehensive Plan, can be made. PLANNING AND ZONING BOARD CONSIDERATION At its meeting of May 20, 2002, the Planning and Zoning Board considered the request at a public hearing. There was no public comment conceming this item. After reviewing the staff report and discussion, the Board voted 6 to 0 (Randolph absent), to recommend approval. RECOMMENDED ACTION *By motion, approve on first reading the ordinance for the application of an initial zoning of PRD (Planned Residential Development), and Future Land Use Map designation of LD (Low Density, 0-5 units/acre), based upon the findings and recommendation by the Planning and Zoning Board, and set a public hearing date of October 1, 2002 (after review by Department of Community Affairs). Attachment: · P & Z Staff Report of May 20,2002. · Ordinance $:~ P&Ztboards[citycommisslon[WinterPlaceFLUM-CCDocc.doc Planning and Zoning Board Staff Report Winterplace FLUM &.Rezoning Page 2 January 27, 1997: Planning and Zoning Board approved a conceptual master plan for 173 single family units and recommended approval to the City Commission of the associated water service agreement. February 4, t997: City Commission approved the water service agreement for the proposed development. October 11, 1999: Planning and Zoning Board approved a master development plan for 151 single family units. November 2, 1999: City Commission approved the current water service agreement for the proposed 151 single family subdivision. There have been several master plan modifications to the project subsequent to these approvals, none of which were considered a material change to the project. Currently the subject area is platted as a 151 unit single family subdivision. Approximately 6 units have been constructed and sold, and several additional units are under construction. The proposal before the board is to apply a City zoning designation of PRD (Planned Residential Development) and Future Land Use Map designation of LD (Low Density Residential, 0-5 units/acre) to the 151 unit subdivision. Annexation of the subject area is being concurrently processed. The existing County FLUM designation of MR-5 (Medium Residential - 5 unit/acre) and zoning of PUD (Planned Unit Development) will be maintained, until Comprehensive Plan Amendment 02-1 is adopted. Current Land Use Designations: Currently the entire subject area has a County Future Land Map Designation of MR-5 (Medium Residential - 5 units/acre). Requested Land Use Designation: The intent of this application is to adopt the City's "Advisory" Future Land Use Map designation of LD (Low Density Residential, 0-5 units/acre). La,nd Use Analysis: Pursuant to Land Development Regulations Section 3.1 .I(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. Planning and Zoning Board Staff Report Winterplace FLUM & Rezoning Page 3 The subject area consists of 151 single family homes, and is seeking a PRD (Planned Residential Development) zoning designation. Planned single family communities are a permitted use within the PRD zone district. Further, this development received master plan approval from the City on October 11, 1999. As part of the master plan approval, the proposed development was reviewed under the PRD criteria, and it was identified that upon annexation this development would be assigned to the PRD zone district. The PRD zone district is consistent with the LD (Low Density Residential, 0-5 unit/acre) FLUM designation. Consistency between the City and County Land Use Designations: The property currently has a County Future Land Use Map designation of MR-5 (Medium Residential - 5 du/ac) and a County zoning designation of PUD (Planned Unit Development). The current City "Advisory" designation for this property is LD (Low Density Residential, 0-5 units/acre), which is consistent with the County MR-5 FLUM designation, in addition the City zoning designation of PRD (Planned Residential Development) which is consistent with the County zoning designation of PUD (Planned Unit Development). Based upon the above, a positive finding with respect to consistency with the Future Land Use Map can be made. REQUIRED FINDINGS: Future Land Use EJ~ment Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following 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, or similar circumstances. The need must be supported by data and analysis. This policy 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 application is being processed concurrently with an annexation application, which requires changing the FLUM designation from County to City. The subject area, which is to be assigned to the City's LD (Low Density Residential, 0-5 units/acre) designation, currently has a City "Advisory Designation" of the same. Thus, requirement is not applicable. · Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. Planning and Zoning Board Staff Report Winterplace FLUM & Rezoning Page 4 A review of the goals, objectives and policies of the Comprehensive Plan was conducted and the following applicable objective was identified. Future Land Use Element Objective A-f: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in · terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. The subject property has been disturbed and does not have any unique environmental characteristics that would prohibit development of the site or require mitigation measures. Streets have been installed and individual lots are being developed. The use and intensity of the development were determined to be appropriate with the master development plan approval. I~ Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Findings of Concurrency for the 151 unit single family subdivision were made at the time of the master plan approval, approved in 1999. There will be no changes to the development. However, the following summary is provided. 'Water: Water service is currently provided from a connection to 12" water main on the east side of Military 'l'~il and along the property's south property line, which connects to the existing mains within Military Trail and Barwick Road, as per the approved development plan. Sewer: Sewage mains and a new lift station sized for future development have been constructed as part of the infrastructure improvements of Winterplace development. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets and Traffic: A traffic study was been provided to the Palm Beach County Traffic Division during the master development plan process. This study indicated that the proposed 151-unit single family development will generate 1,510 new vehicle trips onto the surrounding roadway network. With the widening of Lake Ida Road, there is sufficient capacity available to accommodate the impact of the development. Parks and Recreation Facilities: The single family residences will not have a significant impact with respec~ to level of service standards for parks and recreation facilities. Upon annexation, each unit constructed will be required to pay the City's recreation impact fee of $500. Solid Waste: Trash generated each year by this development (when fully developed), will be approximately 1.99 tons per single family residence per year (151 units) for a total of 300.49 tons/year. This increase can be accommodated by existing facilities and thus, will not be significant with respect to this level of service standard. Planning and Zoning Board Staff Report Winterplace FLUM & Rezoning Page 5 )~ Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. The property is surrounded by the following Future Land Use Map Designations, Zoning Designations and Land Uses: North: The subject property is bordered on the north by Lake Worth Drainage District L- 30 Canal, has a 140-foot wide right-of-way, and the Ridgewood Road right-of-way (100- feet). Beyond Ridgewood Road there are several unplatted homes, with some agricultural uses. The unplatted parcels have a County FLUM designation of MR-5 (Medium Residential - 5 units/acm) and Zoning of AR (Agricultural Residential) and RTU (Residential Transitional Urban). East: The subject property is bordered on the east by two (2) unincorporated County parcels, which currently contain commercial agricultural uses. These parcels are part of a separate annexation and FLUM designation change, currently in process. Both parcels have a County FLUM designation of MR-5 (Medium Residential- 5 units/acre) and Zoning of AR (Agricultural Residential). These parcels are seeking City FLUM designations of LD (Low Density Residential, 0-5 units/acre), and zoning of PRD (Planned Residential Development). South: The subject property is bordered on the south by four (4) unincorporated County parcels, which curr~r~tly contain variety of uses, which include: agricultural/commercial, single family, and vacant. The parcel which contains the agricultural/commercial use (western most, adjacent to Military Trail), is are zoned AR (Agricultural Residential) and has a County FLUM designation of MR-5 (Medium Residential - 5 units/acre). The next parcel east, contains a single family home, and has County FLUM designation of MR-5 (Medium Residential- 5 units/acre) and zoning of RTU (Residential Transitional Urban). The Next parcel east is vacant, and has the same County FLUM designation and zoning as the previous. The eastern most par(~el is also vacant. This parcel is owned by the City and part of a separate annexation and FLUM designation change. Currently the parcel has a County FLUM designation of MR-5 (Medium Residential - 5 units/acre) and Zoning of AR (Agricultural Residential). This parcel is seeking a City FLUM designation of LD (Low Density Residential, 0-5 units/acre), and zoning of PRD (Planned Residential Development). West: The subject property is bordered on the west by Military Trail right-of-way. Beyond Military Trail is the Delrey Garden Estates single family subdivision, and a parcel which contains offices and related maintenance facilities for the Lake Worth Drainage District and the Farm Bureau of Palm Beach County. The single family subdivision has a County FLUM designation of MR-5 (Medium Residential - 5 units/acre) and Zoning of AR (Agricultural Residential). The office parcel has a County FLUM designation of INST (Intuitional) and Zoning of PO (Public Ownership District). As described in the Future Land Use Element of the Comprehensive Plan, the Low Density Residential FLUM designation is applied to land which is developed, or to be Planning and Zoning Board Staff Report Winterplace FLUM & Rezoning Page 6 developed, for single family residential uses. The entire subject area consists of single family uses, which is compatible with all adjacent uses. · Compliance - Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. Compliance with the Land Development Regulations was addressed with the Master Plan approval, which was approved by the Planning & Zoning Board at their meeting of October 11, 1999. Given this fact, a positive finding with respect to compliance with the City's Land Development Regulations can be made. ! REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.t.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record, This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These fin~iings relate to the-following four areas: Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below: Section 3.2.1 (Basis for Determining Oonsistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rez0ning Actions): Standard A, B, C and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Planning and Zoning Board Staff Report Winterplace FLUM &. Rezonin9 Page 7 As the property is platted for a 151 single family units, and has received approval previously from the City, as well as the County, in the form of a master plan, compatibility with all adjacent uses is not a concern. Perimeter landscape buffers are provided to mitigate any potential impacts with adjacent properties. Section 2.4.5{D)(5) (Rezoning Findinqs): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. Items "b" and "c" are the basis for which the rezoning should be granted. The properbj is ~n the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach Planning Area, as defined in the Comprehensive Plan. The subject property is being voluntarily annexed into the City, pursuant to the water service agreement, which requires that appropriate City zoning designations be applied. The requested PRD (Planned Residential Development) zone district is consistent with the proposed LD (Low Density Residential, 0-5 units/acre) designation. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: As stated previously in this report, compliance with the Land Development Regulations was addressed with the Master Plan approval, which was approved by the Planning & Zoning Board at their meeting of October 11, 1999. Given this fact, a positive finding with respect to compliance with the City's Land development Regulations can be made. The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Palm Beach County Notice: On April 10, 2002, the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. Planning and Zoning Board Staff Report Winterplace FLUM & Rezoning Page 8 IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to 'adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: · Progressive Residents of Delray (PROD) · President's Council · United Property Owners · Barwick Estates HOA · Sabal Lakes HOA · Chatalaine HOA · Country Manors HOA · Rainberry Woods HOA Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the.subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. The requested LD (Low Density Residential, 0-5 units/acre) Future Land Use Map designation it is consistent with the advisory designation currently applied, and consistent with analysis preformed as part of the master plan approval for this development. Further, the zoning of PRD (Planned Residential Development) is consistent with the proposed LD (Low Density Residential, 0-5 units/acre) FLUM designation, and the approved development. L-30 CANAL MODERN DR~VE 'BDULEVN~D COM A. SFR SFR-' I RTU n I MR5 , i ', l , I VAO ,AR MRS I I I Ii -_ I I AGR AR MR5 I I AGR . AR MR5 PINE 'fREE DRIVE I i SUNRISE BOULEVARD AGR I I I ! RANCH 13:~ ROAD SOUTH r I II ~1 Il ~ I ~CITY LIMtTS! I N MAY 2002 CITY LIMITS aTY OF DELRAY BEACH, I~ PLANNING & Z0t~IING DEPARTMENT WINTERPLACE F.L.U.M. AMENDMENT AG R -- EX, ST, NG ~A.D USE AR ------ COUNTY ZONING DESIGNATION MR5...,---COUNTY FUTURE LAND USE MAP DESIGNATION AGR ' COM SFR - SINGLE FAMILY VAC -VAC~ AR, RTU - RESIDENTIAL ZONING CG - COMMERCIAL ZONING MR5 - RESIDENTIAL LAND USE, 5 UNITS/ACRES CliO~8 - COMMERCIAL HIGH OFFICE LAND USE UAP Ri~': I..1~592 · ~ ' ..... .i ~, CITY cOMMISSION DOCUMENTATION TO: THRU: FROM: SUBJECT: DAV,~~D ,~ MANAGER JEFFREY A. COSTELLO, PRINCIPAL PLANNER;~?~~-' -' MEETING OF JULY 16, 2002 CITY INITIATED CORRECTIVE FUTURE LAND USE MAP AMENDMENT FROM MD (MEDIUM DENSITY RESIDENTIAL 5-12 UNITS PER ACRE) TO CC (COMMERCIAL CORE) FOR PROPERTY LOCATED ON THE EAST SIDE OF GLEASON STREET, APPROXIMATELY 94' SOUTH OF EAST ATLANTIC AVENUE. I l The subject property consists of Lots 4-8, Block 4, Ocean Park Subdivision, and is part of a mixed- use development (Lots 1-8) consisting of retail shops, offices and apartments. The overall site currently contains an 8,300 sq.ft, building with approximately 5,800 sq.ft, of retail on the first floor, 2 apartments and 2 offices on the second floor, and 22 on-site parking spaces. Prior to 1989, the property's Future Land Use Map designation was C (Commercial) and the zoning designation was LC (Limited Commercial). With the adoption of the City's Comprehensive Plan and Future Land Use Map in November 1989, the FLUM designation for Lots 4-8 was changed to MD (Medium Density Residential 5-12 du/ac) and the designation for Lots 1-3 (adjacent to Atlantic Avenue) was changed to CC (Commercial Core). Subsequently, the entire property was rezoned from LC to CBD (Central Business District) with the adoption of the Land Development Regulations and Citywide rezoning in October 1990. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. ,:~ 'PLANNING AND ZONING BOARDC~oNSlDERA~'IOH'~'ii,~:i~!~' ~i~'~ ..... ~ At its meeting of May 20, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony in opposition to the amendment. After reviewing the staff report and discussing the proposal, the Board voted 5-0 (Randolph and Peltzie absent) to recommend to the City Commission approval of the corrective Future Land Use Map amendment from MD to CC 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, and consistency with the goals, objectives and policies of the City's Comprehensive Plan. RECOMMENDED By motion, approve on first reading the FLUM amendment from MD (Medium Density Residential 5- 12 du/ac) to CC (Commercial Core), based upon the findings and recommendation by the Planning and Zoning Board and set a public hearing date of October 1, 2002. Attachment: P & Z Staff Report of May 20, 2002 P & Z Board Staff ReRort 1100 E. Atlantic Avenue (former Frances Brewster Property) - Corrective FLUM Amendment from MD to CC Page 2 REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following 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, or similar circumstances. The need must be supported by data and analysis. This policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space. The current FLUM designation of MD on the property (south 166.7') is inappropriate as the Medium Density Residential designation is inconsistent with the commercial use on the property as well as the property's commercial zoning of CBD. This corrective amendment will apply a Future Land Use Map designation of Commercial Core on the entire property reflecting the commercial use of the property which has continued since the 1950's. Thus, the amendment will eliminate an inconsistency and correct a mapping error. Consistency -The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The proposed FLUM amendment to CC is corrective in nature and eliminates the confusion of having dual Future Land Use Map designations on one mixed-use site. Comprehensive Plan Policies: A review of the applicable Comprehensive Plan Policies was conducted and the following applicable policy was identified. Coastal Management Element Policy C-3.2 -There shall be no change in the intensity of land use within the barrier island and all infill development which does occur shall connect to the City's storm water management system and sanitary sewer system. It is noted, the proposed FLUM amendment will change the potential intensity of the land use, as the Commercial Core designation allows commercial uses. However, the current MD FLUM designation was established in error and there are currently no changes proposed to the site with this FLUM amendment that would increase the intensity of the uses on the property. With regards to residential density, within the CBD zoning district residential density is limited to 12 units per acre on properties east of the Intracoastal Waterway. Thus, there will be no increase in residential density potential. Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. P & Z Board Staff Report 1100 E. Atlantic Avenue (former Frances Brewster Property) - Corrective FLUM Amendment fron~ MD to CC Page 3 The proposed FLUM amendment is corrective in nature and no new development or redevelopment is proposed with the request. Thus, the request will have no impact with respect to Concurrency. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. The requested designation of Commercial Core is consistent with existing uses on the property as well as the land use designation of the adjacent commercial properties. The designation is compatible with the adjacent land uses. The property is surrounded by a mix of commercial, multi-family residential and church uses. It is noted that the multi- family development to the west currently has an underlying land use designation of Commercial Core and is currently in the process of being rezoned from RM to CBD. Since no development changes are proposed and the current uses have existed on the site since the 1950's, no compatibility concerns are noted with the surrounding uses. Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. T. he subject property is developed and no additional improvements are proposed with this request. -- The development proposal is not located within the geographical area requiring review by the Historic Preservation Board. Community Redevelopment A,qency The CRA reviewed and recommended approval of the request at its meeting of May 1, 2002, and recommended approval. Downtown Development Authority The DDA reviewed and recommended approval of the request at its meeting of May 15, 2002, and recommended approval. Courtesy Notices: A special courtesy notice was provided to the PROD (Progressive Residents of Delray), the President's Council and the following homeowners associations: * Beach Property Homeowners Association · Via Marina P & Z Board Staff Report 1100 E. Atlantic Avenue (former Frances Brewster Property) - Corrective FLUM Arnendment from MD to CC Page 4 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Two letters opposing the proposed FLUM amendment have been received from residents of the Venetian Village Condominium. Additional letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. The existing FLUM designation of MD (Medium Density Residential 5-12 du/ac) is inappropriate for the property as it is zoned CBD (Central Business District) and contains an existing commercial development, which has existed for many years. The uses will not be affected by the proposed change. The FLUM amendment will correct a mapping error and result in FLUM and zoning consistency for the property. No new development or redevelopment is proposed with this request. Positive findings can be made with respect to Future Land Use Element Policy A-I.7 (FLUM Amendments Findings) of the Comprehensive Plan, and Section 3.1.1 of the Land Development Regulations. Further, the FLUM amendment is consistent with the goals, objectives, and policies of the City's Comprehensive Plan. A. Continue with direction. Recommend to the City Commission approval of the corrective Future Land Use Map amendment from MD to CC 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, and consistency with the goals, objectives, and policies of the City's Comprehensive Plan. Co Recommend to the City Commission denial of the corrective Future Land Use Map amendment from MD to CC, based upon 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 (A) of the Land Development Regulations, with the basis stated. Recommend to the City Commission approval of the corrective Future Land Use Map amendment from MD to CC 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, and consistency with the goals, objectives, and policies of the City's Comprehensive Plan. Attachments: Location map, Future Land Use Map & Zoning Map P & Z Board Staff Report 1100 E. Atlantic Avenue (former Frances Brewster Property) - Corrective FLUM Amendment fror~ MD to CC Page 4 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Two letters opposing the proposed FLUM amendment have been received from residents of the Venetian Village Condominium. Additional letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. The existing FLUM designation of MD (Medium Density Residential 5-12 du/ac) is inappropriate for the property as it is zoned CBD (Central Business District) and contains an existing commercial development, which has existed for many years. The uses will not be affected by the proposed change. The FLUM amendment will correct a mapping error and result in FLUM and zoning consistency for the property. No new development or redevelopment is proposed with this request. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the Comprehensive Plan, and Section 3.1.1 of the Land Development Regulations. Further, the FLUM amendment is consistent with the goals, objectives, and policies of the City's Comprehensive Plan. A. Continue with direction. Recommend to the City Commission approval of the corrective Future Land Use Map amendment from MD to CC based upon positive findings with respect to Future Land Use Element Policy A-1.7 ef the Comprehensive Plan (FLUM Amendment Findings), and LDR Section 3.1.1, and consistency with the goals, objectives, and policies of the City's Comprehensive Plan. Co Recommend to the City Commission denial of the corrective Future Land Use Map amendment from MD to CC, based upon 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 (A) of the Land Development Regulations, with the basis stated. Recommend to the City Commission approval of the corrective Future Land Use Map amendment from MD to CC 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, and consistency with the goals, objectives, and policies of the City's Comprehensive Plan. Attachments: Letters of Opposition, Location Map, Future Land Use Map & Zoning Map 410'75SS43'7 .) p.2 WILLIAM M. HAYTER 14 EMMA PLACE EATONTOWN, N.J. 07724 'OR 75 VEIqETIAN DR. DELRAY BEACH, FLA. 33483 CITY OF DELRAY BEACH 100 N.W. 1si' AVE DELRAY BEACH, FLA. 33444 ATTN: PLANNING & ZONING MAY 14, 2002 TO WHOM IT MAY CON~: I AM WRITING TO YOU KEGARDING 3 NOTICES THAT I RECEIVED PJEGARDING PROPOSED CHANGES TO ZONING & LAND USE ON 3 PROPERTIES THAT ARE WITHIN 500 FEET OF MY RESIDANCE. TIlE NOTICES IN QUESTION ARE FILE # 2002-200, 2002-214 & 2002-234. I AND MY FI:.I.LOW RESIDENTS AILE VEHEMENTLY OPPOSSED TO THESE CHANGES, AND THE MANNER IN WHICH THEY ARE PROPOSED. THEY WERE CONVENIENTLY HELD UP UNTIL MOST OF THE RESIDENTS WERE GONE FOR THE SEASON. Wlqll.lq WE REALIZE THAT WE ARE SNOW BIRDS, WE PAY OUR TAXES AND SHOULD HAVE A RIGHT TO BE HEAKD WHEN WE ~ nq KESIDANCE.. I PURCHASED MY APARTMENT 17 YEARS AGO WITH THE UNDERSTANDING T4-IAT I WAS IN A RESIDENTIAL AREA, ALTHOUGH ONE OF HIGH DENSITY, DUE TO THE FACT THAT WE ARE SURROIYNDED BY OTHER CONDOMI~TIUMS. I BOUGHT IN DELR~Y BECAUSE I LOVE THE TOWN AND THE LOCATION. WE DON'T NEED COMMERCIAL BUILDINGS AND PARK]NO GAKAGES IN OUR BACK YARD. 1 MENTION THIS ONLY BECAUSE I KEAL!Zg THAT THIS IS ONLY A ZONINO AND USE CHANGE, BUT I HAPPEN TO KNOW THAT A HIGH RISE PARKING GAKAGE IS ON THE PLANNING BOARD IN THE NOT TOO DISTANT FUTURE. THE PREVIOUS ADMINISTRATION DID A WONDERFUL JOB OF BUILDING DELRAY IA]TO A GREAT PLACE TO LIVE AND DO BUSINESS, AND CERTAINLY MADE THE TOWN ONE TO BE PROUD OF. I HAVE HOWEVER, NOTICED A CHANGE OF ATTITUDE AND AN ATTEMPT TO GET RID OF BUSINESSES THAT WERE ON ATLANTIC AVE. IN AN OBVIOUS ATTF_NIPT TO BUILD SOME NEW RETAIL OPERATIONS AT THE EXPENSE OF THE CURRENT RESIDENTS THAT LIVE NEAR ATLANTIC AVE. I AM NOT AGAINST PROGRESS, BUT QUESTION THE WISDOM OF CHANGING ZONING AND DENSITY USE, AND REALLY WONDER WHO OR WHOM BENEFIT FROM HAY 1 5 2002 ' SUCH CHANGES. CERTAINLY NOT THE RESIDENTS, WHO, BY THE WAY, HAVE JUST BEEN ASSESSED A 33% TAX INCREASE, MAINLY DUE TO THE CITY TAX THAT HAS RISEN DRASTICALLY UNDER THE NEW ADMINISTRATION. PLEASE CONSIDER DARRYL BUSH MY REPRESENTATIVE TO SPEAK IN MY BEHALF. M1;C BUSH IS A WELL KNOWN LOCAL REAL ESTATE PERSON THAT CAN COMMENT ON WHAT THESE CHANGES WILL DO TO OUR PROPERTY VALUES. vou~ .~ULY, WILLIAM M. PS. 1 AM ALSO TIlE PRESIDENT OF VENETIAN VILLAGE CONDOMINIUM ASSOCIATION. RECEIVED lily 1 5 2002 Venetian Village Condominium Assoc., Inc 75 Venetian Drive De[ray Beach, Florida 33483 May14,2002 Mr. Paul Doffing, Director Planning and Zoning 100 N.W. l*t Avenue Delray Beach, Florida 33483 RE: Fries 2002-200, 214, and 234 Dear Mr. Doffing, On behalf of our President, Mr. William I-Iayter, and our Boaxd of Directors I am writing to voice our displeasure over the attempt to chaz~_oe the zoning regulations pursuant to File 2002-200, 2002-214, and 2002-234. Venetian .Village Condominium Association is hi.girly opposed to any change in the zoning classification east of the intracoastal bridge on Atlantic Avenue. We feel that the zoning classification, "multiple family residentiiM - medium density" is very illustrative of our beautiful beach neighborhood. We are strongl~ y against any change especially to, "Central Business District". We reside on a barrier island not in a central business district. Please place our opposition on thc public record. Thank you for your consideration.~' Sincerely, Joseph A. Regan Secretary, Treasurer HAY 1 5 2002 Joseph A. Regan 75 Venetian Drive 4B Delray Beach, Florida 33483 May 14, 2002 Mr. Paul Darling ~r Plasming and Zoning ] 00 N.W. l ~ Ay=ne Delray Brach, MoS~a 32-':~. ~. RE: 2OD2JDD, 214, an~ ~-4 Dear Mr. Doriia_~ We are in ree. eigt o£L-qx.'-rs ~rom your o~ce m__~ding proposed changes m zoning or firmre land map ~e for tiaree prope~es very close xo our residence. My vx~% and ~ f~] s'zon-_h' ~ any chzuges from medium densi..-3' resid~tiai ° We are v.~:3.'~aa~, y )jvlng on our idyllic b~,~ island as ff exiz. s at preszm A-danfic Av~ue ee.5~ ofthe immc~asml v~m'v,%, should n~-v~ be ebang~ ~ be. Fz~-~ of DeL-ay Beach's, "¢=t-al business distrizt'". Our quaii~.; of ih% Ja this p=aeeful n=f~ohhorhood as it now ?ex~.s is exa~y wha~ we dreame, d aboul since our fizst xSsil lo E~Amy Beach in la~ 1972. Plees~ now. ~ I did not say Delray Central Business D' ,mtriet Beack This ideal and the txn..~ ~hrem ~ our propmny valu~ &.~k."riom%~ de=am~s ~ we stand very. strongly ~ a~y change in the ctwr=m zonin~ regNaxioas. ?lease =an= om'firm obje. oliom %o~.~t Files ~ 2002-.2900, 2002-214 axu:12002-~-.4 o~ the Thank you for your am'm~ion to :% -' .."% i ! // /.;/ ~Joseph A. Rein ' ,~ BEACH CLUBS / LOgY ~ SmUT MANO~ HOUSE I ~ee~eE i ~ SPANISH ~ ~ OELRA Y BEACH/ ATLANTIC AVENUE Cl~ INITIATED CORRECTIVE MAP AMENDMENT ~ N ~ SPANISH ~ ~ Il MIRAMAR STREET I I CONDO , °1 I I N ~ FLUM P~NG ~ Z~INO ~/NT ~ ': "~ : ~ DELRA Y BEACH ~ MIRAMAR STREET 'k/ N ~ ZONING NOTICE OF PUBUC HEARING NOTICE OF COMPREHENSIVE PLAN CHANGE 2002-01 crrY OF DELRAY BEACH, FLORIDA The City Commission of the City of Delray Beach proposes to adopt the following ordinance: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY .OF-DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2002-01 PURSUANT TO THE PROVISIONS OF THE ''LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2002-O1'' AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. A Public Hearing regarding Comprehensive Plan Amendment 2002.01 will be held on TUESDAY~ OCTOBER 15, 2002 AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission}, in the Commission Chambers at City ~ N.W. 1 st Avenue, Delray Beach, Florida. The proposed TEXT AMENDMENTS address the following subject matter: · Modification of Policy A-2.5, of the Future Land Use Element, relating to updating the Land Development Regulations regarding non-conforming uses, to reflect a new completion date of FY 02/03; · Eliminate Policy A-5.1, of the Future Land Use Element, relating to updating the Land Development Regulations for consistency with Comprehensive Plan Amendment 97-1, (accomplished); · Eliminate Policy A-5.6, of the Future Land Use Element, regarding the need to increase densities in the GC (General Commercial) Zone district, (accomplished); · Eliminate Policy B-1.1, of the Future Land Use Element, regarding the establishment of a neighborhood park in the Blood's Hammock Grove Area, (accomplished); · Modification of Policy C-4.2, of the Future Land Use Element, in order to acknowledge adoption of the Downtown Business Plan, and provide that all future development will be consistent with the plan; · Modification of Public Schools Facilities Table A-1.1 (Standards for tiered Level of Service} and Table A-1.2 (Maximum Utilization Table), to reflect the most current available information from the Palm Beach County ,School Board · Mod~hcation of Table CI-CIP, of the Capital Improvement Element, to reflect changes associated with approved budget for FY 2002-03. The changes to the FUTURE LAND USE MAP (FLUM) involve three areas of land which will be adopted as a part of Amendment #2002.01. All interested parties are invited to attend Ihe public hearing and comment upon the Plan Amendment 2002-01 or submit lbeir comments Jn writing lo Ihe Planning and Zoning Department. Further information concerning the proposed amendments can be obtained from the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, FL 33444 Jemail at pzmail@delrayplanning.org) or by calling 561/243-7040, between Ihe 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 COMISSI'ON WITH RESPECT TO ANY MATI'ER CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED A RECORD OF THE 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 BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD PURSUANT TO F. S. 286.0105. ~ . CITY OF DELRAY BEACH ~,Ock~9,~ C~yC.~ Ac~ NS1002505.