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52-93 ORDINANCES COMMISSION ACTION: ~ ,~--O NOTES: bg ORDINANCE NO. 52-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 93-1 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 93-1" 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, 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 93-1"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on March 15, 1993, 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 93-1 be adopted; and WHEREAS, proposed Comprehensive Plan Amendment 93-1 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 93-1 was held by the City Commission on March 23, 1993, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, a report of Objections, Recommendations and Comments has .been received from the State Department of Community Affairs and said report has been reviewed by the Planning and Zoning Board, as Local Planning Agency, and is the basis for modifications to the proposed Comprehensive Plan Amendment 93-1; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 93-1 was held on September 14, 1993, 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 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 93-1", 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 93-1". 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 which are in conflict herewith are hereby repealed. Section 6. That this ordinance shall become effective upon the City's receipt of Notice of Compliance from the State Department of Community Affairs, pursuant to Florida Statutes Section 163.3184. - 2 - Ord. No. 52-93 PASSED AND ADOPTED in regular session on second and final reading on th-is the 28th day of September , 1993. ATTEST: Acting City Clerk First Reading AuKust 24, 1993 Second Reading September 28, 1993 - 3 - Ord. No. 52-93 COMPREHENSIVE PLAN AMENDMENT 93-1 CONSERVATION ELEMENT 1. Location: Pg. III-A-13, Policy A-i.1 Change: REVISION Policy A-1.1 ~ ~~ The practice of monitoring groundwater conditions through installation of ~ ~L~ ~f monitoring wells shall be continued. In additiont monitoring wells are to be installed for non-residential uses which locate within Zone 3 around the Series 20 and Eastern Wellfields. Provisions shall be made for data from these private monitoring wells to be used in the City's on-going monitoring efforts. 2. Location: Pg. III-A-14, Policy A-2.2 Change: DELETION 3. Location: Pg. III-A-14, Policy A-2.3 Change: DELETION 4. Location: Pg. III-A-17, Policy B-I.1 Change: REVISION Policy B-i.1 The enviro~entally sensitive areas identified In Objective B-1 ~ ~ have been identified on the Future Land Use Map by an "O~n Space - Conservation" s~ol= ~gg~fi~ ~ Z~ ~~1 The F.I.N.D. parcels into the conservation zone district. This zoning shall be maintained in order to further Objective 5. Location: Pg. III-A-18, Policy B-2.2 Change: REVISION Policy B-2.2 Whenever and wherever significant or sensitive flora and fauna co~unities are identified pursuant to Policy B-2.1, they shall be preserved as if they were enviro~entally sensitive areas as identified in Objective B-1. [LDR Section 3.3.4(B}] 6. Location: Pg. III-A-18, Policy B-2.5 Change: REVISION Policy B-2.5 Whenever new development or redevelopment is proposed along a waterway, a canal, an environmentally sensitive area, or an area identified via Policy B-2.1, an area equivalent to at least 10% of the total area of the development shall be set aside in an undisturbed state or 25% of native communities shall be retained pursuant to TCRPC Policy 10.2.2.2. (b3) [LDR Section 3.3.4(B)] 7. Location: Pg. III-A-18, Policy B-3.3 Change: REVISION Policy B-3.3 ~ FY 9Z/gZI A program which will accommodate necessary repair, replacement, and maintenance of City-owned seawalls along the Intracoastal Waterway shall be prepared by the Environmental Services Department in FY 93/94. 8. Location Pg. III-A-19, Policy B-4.1 Change: REVISION Policy B-4.1 As a part of the City's ongoing beach renourishment and protection program, the existence of pedestrian accesses to the beach shall be maintained and enhanced throuqh the continuation of the dune manaqement program. Where necessary to control erosionr accesses shall be enhanced in accordance with the Beach Access Study. 2 PUBLIC FACILITIES ELEMENT 1. Location: Pg. III-B-7, seventh diamond, under INVENTORY AND ANALYSIS Change: REVISION · The quality of the water, while meeting health standards, ~ was relatively hard. Citizens frequently complained about water quality. A commitment ~ was made, when the Comprehensive Plan was up-dated in 1989, to change to a lime coagulation system and, thus enhance water quality. This commitment was fulfilled in Decembert 1992t through the completion of Pro~ect #91-22t the lime softening conversion of the Water Treatment Plant.' TM~ ~~ ~ 2. Location: Pg. III-B-8, last diamond, under INVENTORY AND ANALYSIS Change: REVISION · Water system interconnections between the City of Delray Beach's system and the systems of Boca Raton and Boynton Beach ~M6~ ~ have been provided in order to accommodate emergency situations among these communities. ~¢~ ~~ W~ W~ZZ~ ~ i W~ZZII~Z~I This need was identified in the up-date of the Comprehensive Plan in 1989; and was met by completion of system interconnections to Boca Raton~ Boynton Beach and Palm Beach County. 3. Location: Pg. IIX-B-l§, fifth paragraph, under INVENTORY AND ANALYSIS Change: REVISION The Central Fire Station no longer provides the space and facilities which are required for modern operations, t~ ~~ ~~ Fire Station is under construction on Atlantic Ave. at N.W. 6th Ave. It has a scheduled completion date of August, 1993. A'new fire station WIll replace~ substation #2 in 1990. Rehabilitation and renovation f~ required for substations #3 and #4 Id ~M~ ~~Z~ f~tIfZI~ f~ ft~ fI~g~Y was provided for when the Comprehensive Plan was up-dated in 1989. Those renovations are scheduled for completion in 19~3. A new~ t~mporary~ substation (#§} f~ f~9I~ has been completed on Linton Boulevard at Old Germantown Road, in the southwest portion of the community. The permanent Fire Station #§ on this site is currently under construction and is scheduled for com~letion in Aprtl~ 1993. 4. Location: Pg. III-B-16~ second paragraph~ under "program for additional facilities" {INVENTORY ~ ~LYSIS): Change: REVISION The followtn~ needs · Additional office space for City Hall employees who are necessa~ to acco~odate no~al growth and the demands for new programs as reflected throughout this Plan. · Cemete~ expansion to tho reserved area south of the exlstln~ facility. 4 5. Location: Pg. III-B-17, NEEDS AND RECOMMENDATIONS, third diamond Change: DELETION 6. Location: Pg. III-B-17, sixth and ninth diamonds; and page III-B-18, first diamond Change: DELETION 7. Location: Pg. III-B-26, Policy B-2.3 Change: DELETION 8. Location: Pg. III-B-26, Policy B-2.4 Change: DELETION 9. Location: Pg. III-B-26, Policy B-3.1 Change: REVISION Policy B-3.1 W~M~ ~d ~d~ f~W~ ~d~ZXd~ df Z~d ¢~d~d~d P~ Z~d d~d~Z~ The City shall maintain its program of responsible consumption of water (per capita basis) and shall decrease the overall per capita consumption of water by 10% from 1989 levels ~X~ Ed ~d~d~d~ ~ t~ through continued implementation of the following techniques and programs: (Also see Objective A-4 of the Conservation Element). its water rate structure which sets a higher uniform ~d rate for ~ ~X~d~ consumption and decreases customer capacity charges in order to promote reductions in water consumption ~ ~d~ ~d f~ ~M~d~d~ ~dgd ~d ~d as well as establishment of conservation surcharqes~ based on South Florida Water Management District formulae~ and keyed to various levels of drought alert; · mandatory use of wells for irrigation purposes where conditions permit [LDR Section 7.7]; · enhanced enforcement of water use laws; · requirements for xeriscape landscaping alternatives to be considered for all new development during the review of site and development plans [LDR Section 4.6.16 (E)]; and · continuation of the regular preventive maintenance program for water mains, pumps and meters (see related Policy C-4.3) 10. Location: Pg. III-B-27, Policy B-4.2 Change: DELETION 11. Location: Pg. III-B-27, Policy B-4.3 Change: DELETION 12. Location: Pg. III-B-28, Policy B-5.! Change: DELETION 13. Location: Pg. III-B-32, Policy D-1.2 Change: DELETION 14. Location: Pg. III-B-32, Policy D-1.3 Change: DELETION 15. Location: Pg. III-B-32, Objective D-2 Change: REVISION Objective D-2 The municipal cemetery expansion Drogram shall be ~d~d~d X~ ~d~ continued to accommodate future demands. [Maintenance objective] 16. Location: Pg. III-B-32, Policy D-2.1 Change: REVISION ~d~d~ 6f ~d~ I~ FY ~/~l The fundinq proqram for the expansion south of the existinq facility shall be continued to accommodate future demand with funds to come from the General Capital Improvement Fund. [maintenance policy] 17. Location: Pg. III-B-32, Policy D-2.2 Change: DELETION 18. Location: Pg. III-B-32, NEW OBJECTIVE AND POLICIES Change: NEW OBJECTIVE AND POLICIES Objective D-4 Provisions are to be made to maintain and upgrade existing public facilities to maintain an acceptable level of service for the facility and to retain the "marketability" of the facility and the City. This objective shall be met through the following policies. Policy D-4.1 The City shall establish a program for the maintenance and repair of buildings and facilitiesr including such items as roof replacement and major structural repairr in a timely manner to maintain the viability of the facility. Policy D-4.2 The City shall establish a program for the replacement of irreparable or obsolete buildinqsr ,facilitiesr and major facility elements and the upgrading of existing facilities to maintain their ability to deliver the established level of service to the community. Policy D-4.3 All new construction projects shall be in accordance with Federal guidelines on accessibility. The City shall make modifications to existing facilities that are easily achievable without great expense, such that the facility will be in accordance with Federal guidelines on accessibility. 19. Location: Pg. III-B-34, Policy E-1.5 Change: REVISION ~torm water drainage regulations ~ which provide for the protection of natural drainage features and ensure that development utilizes storm water management systems which are compatible with this objective shall be retained. (c4) ~LDR Section 4.1.9] 20. Location: Pg. III-B-34, New policy E-1.7 Change: ADDITION Policy E-1.7 The major trunk line/outfall~ for the basin 28 drainage project shall be constructed in con~unction with beautification improvements to Georqe Bush Boulevard in order to achieve cost savinqs gained throuqh Darticipation with the developer of the Anchoraqe. TRAFFIC ELEMENT 1. Location: Pg. III-C-25, Policy A-7.3 Change: REVISION Policy A-7.3: The City, by adoption of this policy statement, opposes widening or other enhancements of A-1-A which would accommodate greater traffic flow since such improvements would encourage the use of A-1-A for inter-area traffic movements and will therefore increase the use of east-west trafficways to access A-1-A. 2. Location: Pg. III-C-25, Policy A-7.7 Change: REVISION Policy A-7.7 The City maintains a policy of supporting only two thru travel lanes on Swinton Avenue B~flI6~f~, between the North City limits and S.W. 10 Street (less the segment between S.E. 1st Street and N.E. 1st Street)t and that the ultimate right-of-way be considered to b_~e ~¢~ ~ sixty feet (60'). [Maintenance Policy] 3. Location: Pg. III-C-27, Policy B-3.2 Change: REVISION Policy B-3.2 A formal scenic street program shall be established by June, 1992. Initial improvements shall be funded through a General Obligation Bond and then on an annual basis with the first annual funding occurring in the FY 95/96 Budget. The program shall be developed within the Community Improvement Department. The following shall be financed through the General Obligation Bond program of 1989: a) Atlantic Avenue east of the Intracoastal Waterway; b) Atlantic Avenue between Swlnton and 1-95; c) Atlantic Avenue between 1-95 and Military Trail; d) Swinton Avenue from SE 10th Street to the north City limits; and e) Barwick Road, north of Atlantic Avenue. The Following shall be financed through private funding: a). George Bush Boulevard from Federal Highway to the Intracoastal Waterway; b) Palm Trail from George Bush Boulevard to the Anchorage Project. OPEN SPACE & RECREATION ELEMENT 1. Location: Pg. III-D-10, last item, under ANALYSIS. Change: REVISION Neighborhood Parks -3 Baseball/Softball Fields ~ -1 Football/Soccer ~; -4 2. Location: Pg. III-D-Ii, first item, under ANALYSIS. Change: REVISION These deficiencies are accommodated through the following proposed improvements: Baseball/Softball Fields · at least one field in the new southwest park · two new fields at the new middle school 1~1 · addit~onal quality field at Pompey Center~ 1991 · improve the existing field at the Boy Scout Complex, FY 93/94 Football/Soccer · multi-purpose fields at the new southwest park (2) · multipurpose fields in conjunction with the new middle school (2) · conversion of Merrit fields to multipurpose use (2) 3. Location: Pg. III-D-12, NEEDS AND RECOMMENDATIONS, second diamond. Change: DELETION 4. Location: Pg. III-D-13, last diamond, under NEEDS AND RECOMMENDATIONS Change: REVISION · A tennis stadium and 12 tennis courts were construction in 1993 at the site of the municipal tennis center. 6 additional courts are to be constructed at this location. The completion of the municipal tennis complex should be completed expeditiously in order to maximize its use and benefit to the community. 5. Location: Pg. III-D-13, NEEDS AND RECOMMENDATIONS, Add New Diamond Change: ADDITION ~ Replace the pool at the Pompey Park Community Center. 6. Location: Pg. III-D-17, Policy A-2.5 Change: REVISION Policy A-2.5 The following listing is hereby established as the general priority list for the funding of major capital improvements which pertain to recreational facilities. Policies A-2.6 through A-2.8 along with the policies embodied in the Capital Improvement Element shall be followed if it becomes necessary to alter priorities. (Project descriptions and estimated costs are found in the "Inventory" section of the Recreation and Open Space Element.) (c5) FIRST PLANNING PERIOD, 1990-1995 · Golf Course Club House · Completion and enhancement of the Pompey Park Community Center SECOND PLANNING PERIOD, 1995-2000 · Development of the Catherine Strong Center area (including Carver Middle School facilities) into a community center. · FIND parcel (MSA 650). · A new park in the southwest portion of the planning area · Either refurbishing and expansion of the municipal tennis center or its relocation. 12 7. Location: Pg. III-D-20, Policy B-2.4 Change: REVISION Policy B-2.4 As a part of the City's ongoing beach renourishment program, the existence of pedestrian accesses to the beach YW~R~6~Y ~ ~ ~ ~~ shall be maintained and enhanced ~~ (See Conservation Policy B-4.1). COASTAL MANAGEMENT ELEMENT i. Location: Pg. III-F-13, first diamond Change: REVISION · The existing infrastructure for potable water, sewer, and streets accommodates existing development. There are no plans for installation of additional facilities or the expansion of these current facilities east of the Intracoastal Waterway. Some localized drainage improvements are necessary. The only improvements proposed west of the Waterway is for the area north of the Eighth Street Bridge (discussed previously). The only other public investment in "infrastructure" is for beach renourishment, beautification, and increased accessibility. on-going program. The last nourishment was cgmpleted in Decembert 1992. The next scheduled nourishment is for the year 2000. 2. Location: Pg. III-F-14, first paragraph under NEEDS AND RECOMMENDATIONS Change: REVISION Opportunities do exist for increasing accessibility particularly along the Intracoastal Waterway. The main opportunity is in the development of the FIND parcel MSA650 located south of Knowles Park. 3. Location: Pg. III-F-19, Policy A-1.5 Change: DELETION 4. Location: Pg. III-F-26, Policy C-6.1 Change: REVISION Policy C-6.1: TM~ ~~ Veteran's Park ~M~ZI f~g provides opportunities for varied community activities. Provisions ~M~Zd ~ have been made for short-term mooring of small boats, thus providing additional accessibility to the area. 14 5. Location: Pg. III-F-26, Policy C-6.2 Change: DELETION 6. Location: Pg. III-F-26, Policy C-6.5 Change: REVISION Policy C-6.5 Prior to consideration of new dockage facilities (of greater than five powerboat slips)t the City shall first participate in the preparation and adoption of a Manatee Protection Plan. The City should petition Palm Beach County to be the project leader with respect to preparation of a Manatee Protection Plan for the southern portion of Palm Beach County. FDNR standards and guidelines for preparation of a Manatee Protection Plan shall be followed. In additiont Delray Beach residents shall be provided first priority for new dockage or mooring opportunities. 15 FUTURE LAND USE ELEMENT 1. Location: Pg. III-G-12, first diamond Change: REVISION · The City of Delray Beach is 87% built-out (population basis). Approximately ~ 450 acres of undeveloped residential land remains which does not have, at least, a preliminary development order (a master plan or preliminary subdivision plat). This land, along with sites which have development orders are shown on Figure L-4. There are no soils, topographic, or historic constraints in these areas. ~M~ ~ ~M~ ~f ~ f~t~ ~Z~~l One area, Delray Oakst has natural resources (oak hammock) which are tarqeted for preservation. 2. Location: Pg. III-G-9, Figure L-4 Major Residential and Vacant Parcels 16 ~ ova, 'b: The City of Delray Beach MAJOR RESIDENTIAL PARCELS SPGSTRATEGIC PLANNING GROUP INC FIGURE L-4 I1~ 17 3. Location: Pg. III-G-10, Table L-3 *** AMENDMENTS TO TABLE L-3 *** Table L-3 Ongoing Developments Single- Multi-Family Project Family ....... Family TotaI 1. Sable Lakes 348 114 462 2. Sherwood Forest ZZ~ 33 --- ZZ~ 33 3. Isles of Delray 100 48 148 4. Groves of Delray --- 156 156 Total Number of 6~9 ~Z~ Z[tZ6 Units Planned: ~73 48! 318 ~Z 799 Source: City of Delray Beach~ 1992 *** REVISED TABLE L-3 *** Table L-3 Ongoing Developments Single- Multi-Family Project Family Family Total 1. Sable Lakes 348 114 462 2. Sherwood Forest 33 --- 33 3. Isles of Delray 100 48 148 4. Groves of Delray --- 156 156 Total Number of 481 318 799 Units Planned~ Source: City of Delray Beach, 1992 18 4. Location: Pg. III-G-10, Table L-4 *** AMENDMENTS TO TABLE L-4 *** Table L-4 Available Land Density Potential Parcel Size Units/Acre Units Type A 143 ac+ 4 532 Single-family detached (SFD) B 101 ac+ 4 404 SFD C 60 ac+ 12 720 Multtfamlly (MF) D 30 ac+ 6 180 MF E 11 ac+ 12 132 MF F 8 ac+ 6 48 MF G Z~71 ac+ 10 Z~ 710 MF H 2~1~ ac+ 5 ~Z~ 90 SFD/MF mixed Total Potential Housing Units:~Z6~2~816 City of Delray Beacht 1992 *** REVISED TABLE L-4 *** Table L-4 Available Land Density Potential !Parcel Size Units/Acre Units Type A 143 ac+ 4 532 Single-family detached (SFD) B 101 ac+ 4 404 SFD C 60 ac+ 12 720 Multifamlly (MF) D 30 ac+ 6 180 MF E 11 ac+ 12 132 MF F 8 ac+ 6 48 MF G 71 ac+ 10 710 MF H 18 ac+ 5 90 SFD/MF mixed Total Potential Housing Units: 2,816 Source: City of Delra¥ Beach, 1992 19 5. Location: Pg. III-G-22, Policy A-5.6 Change: REVISION Policy A-5.6 For each item acted upon by the Local Planning Agency, the revised land use regulations shall require that the LPA make specific findings as to: (el) · consistency with the Future Land Use Map and its supporting policies. · internal consistency with other elements of the Comprehensive Plan. · concurrency pursuant to Policy B-2.2 of the Land Use Element. · other items as they apply to the level of decision being made and corresponding principles and practices of urban planning. [LDR Section 3.1.1] 6. Location: Pg. III-G-22, Policy A-5.12 Change: DELETION 7. Location: Pg. III-G-23, Policy A-5.15 Change: DELETION 8. Location: Pg. III-G-23, Policy B-1.1 Change: REVISION Policy B-I.1 In the area of Blood's Hammock Grove, provisions shall be made f~ ~ Z~~ ~f F~ ~~ #~ ~ for a neighborhood park. (See Policy A-2.5 of the Open Space & Recreation Element) 9. Location: Pg. III-G-24, Policy B-1.2 Change: DELETION 10. Location: Pg. III-G-24, Policy B-1.3 Change: DELETION 11. Location: Pg. III-G-24, Policy B-1.4 Change: REVISION Policy B-1.4 The ~~ ~ ~ Land Use Regulations ~ ~~ ~ shall continue to include provisions for the dedication of rights-of-way for streets and easements for the installation of water, sewer, and drainage facilities. [LDR's Sections 5.3.1 - 5.3.4] 12. Location: Pg. III-G-24, Policy B-2.3 Change: REVISION Policy B-2.3 As a part of the City's Concurrency Management System, p~rior to issuance of any certificate of occupancy, the Chief Building Official or a designee shall certify that concurrency is achieved. TM~ ¢~tZLfI~aZ~ ~f 0~¢~fi¢~1 [LDR Section 2.4.6(c)] 13. Location: Pg. III-G-30, Policy C-2.7 Change: REVISION Policy C-2.7 The following pertains to the redevelopment of the Silver Terrace Area: This area involves the old Silver Terrace Subdivision which is zoned ~{ RM and contains some mixed use .... (balance of policy unchanged) 14. Location: Pg. III-G-32, Policy C-3.5 Change: DELETION 15. Location: Pg. III-G-32, Policy C-3.6 Change: REVISION Policy C-3.6: The City shall continue to regain its prominence as a "tennis community". To reach this stature, the municipal tennis center shall be ~~~ pursuant to the development plan approved in 1992 Fundln9 shall be made available for finishing construction in FY 92/93. ~ 16. Location: Pg. III-G-33, Policy C-4.8 Change: REVISION Policy C-4.8(a} A Neighborhood Plan shall be 21 completed for the "Pineapple Grove" area in FY ~/92/93. The neighborhood plan shall be ~~ c.9mpleted by the Planning Department. Policy C-4.8(b) The approximate amount of $500,000t as established in the Decade of Excellence Bond Proqramt for "redevelopment seed money" shall be used within the six (6) block area bounded by NE 1st Avenue (west)t Atlantic Avenue (south), NE 2nd Street (north)t and the FEC Ra$1way (east}. These funds may be used for land acquisitiont land preparat!on~ constructiont beautification~.and similar purposes. 17. Location: Pg. III-G-35, Policy D-2.4 Change: DELETION 18. Location: Pg. III-G-35, Policy D-2.6 Change: DELETION 19. Location: Pg. III-G-36, Policy D-3.4 Change: DELETION 20. Location: Pg. III-G-36, Policy D-3.5 Change: DELETION 21. Location: Pg. III-G-43, Table L-6 Change: REVISION 22-A CAPITAL IMPROVEMENT ELEMENT 1. Location: Pg. III-H-4, first item, Public Education and Health Systems. Change: REVISION Public Education and Health Systems: The City of Delray Beach is totally within the Palm Beach County School District. There exists one high school, one middle school, and four elementary schools within the City. While the capacity of these schools is sufficient to meet the needs within Delray Beach, the issue of segregation and integration have necessitate~ the School District to undertake extensive bussing of Delray Beach children to other schools. situation has improved with reinvestment in the Spady Elementary School and its conversion to a montessori program. Another elementary school ("S',) is tarqeted for a location within the Cityt east of Military Trail and south of Llnton Boulevard. This school sitinq was aqreed to by the School District Board and the City Commission upon mutual acceptance of a citizen driven action which culminated in a program of "Sharing for Excellence in Delra¥ Beach Schools". The School District ~ ~Z~ ~~t~ ~ ~t~ W~Z ~f ~9~ f~ is presently (1993) constructing a new middle school within the Clt¥~ 9gain, pursuant to the "Sharinq for Excellence in Delray Beach Schools" proqram. Construction of this schools W~I~ will lead to the closing of Carver as a middle school. A pro~ram for conversion of the Carver School site to a family services facilities has been initiated~ again,_ pursuant to the "Sharing of Excellence" program. The problems of providing appropriate public educational facilities in Delray Beach is ~ a Capital Improvement matter only to the extent of the City's participation with the School District in the provision of adequate and appropriate infrastructure. Otherwiset it ~ is a political matter dealing with racial matters. The Land Use Element through Goal Area D addresses this subject. The City's health system needs are ~ met by two hospitals within one mile of the City limits. One, Bethesda Memorial Hospital, is to the northeast; the other, Delray Beach Community Hospital, is to the southwest. The County Health and Rehabilitation Center has a regional office and a clinic in the City. The County has a social service center which is located in the City. 2. Location: Pg. III-H-4, third paragraph Change: REVISION Controllable Revenue Sources: · Ad Valorem Taxes: ¢~~ FY 92/93 operating levy of 61X~ 6.20 mills; capacity is 10 mills. · Utility Tax: ¢~~ FY 92/93 rate is ~9.5% (an exemption for residential makes their rate 8.5%); capacity is (electrical bills) 10%. Excess capacity can be used for a revenue bond. 3. Location: Pg. III-H-5, first paragraph, under existing Revenue Sources Change: REVISION The City has established enterprise funds for the following activities: · Water and Sewer · Sanitation · The City Marina · The Municipal Golf Course 4. Location: Pg. III-H-18, Policy A-2.3 Change: REVISION AND ADDITION OF NEW POLICIES Policy A-2.3 The City shall establish a funding source for replacement of irreparable or obsolete office equipment, replacement of computer hardware and replacement of major pieces of equipment. Funds for these purposes ~g W~Z~ ~ ~[~ ~Z~~ ~ ~Z~ will be set aside annually from general funds to be used for general capital improvements. Policy A-2.3a The City shall establish a fundinq source for the maintenance and repair of buildings and facilities~ includinq such items as roof replacement and ma~or structural repair~ in a.timely manner to maintain the viability of the facility. Funds for these purposes will be set aside annually from general funds to be used for general capital improvements. Policy A-2.3b The City shall establish a funding source for the replacement of irreparable or obsolete buildings~ facilities~ and major facility elements and the upgrading of existing facilities to maintain their ability to deliver the established level of service to the community. Funds for these purposes will be set aside annuall~ from general funds to be used for general capital improvements. 5. Location: Pg. III-H-19, Policy A-2.4 Change: REVISION · $250,000 in FY 93/94t $300~000 in FY 94/95t and $350t000 annually through FY 97/98 to come from Gas Tax Revenues and which shall be applied to upgrading, resurfacing, and repair of streets which are on the City's adopted maintenance schedule. Change: ADDITION $150t000t to come from General Tax Revenuest to be set aside for ma~or maintenance~ repair and replacement of equipment and .facility components to maintain level of service. (Public Facilities D-4~ D-4.1~ D-4.2, D-4.3) INTERGOVERNMENTAL COORDINATION ELEMENT 1. Location: Pg. III-I-3, County Commission Change: REVISION COUNTY COMMISSION · Mutual Aid Agreement - 911 Expanded System · Mutual Aid Agreement - Evacuation and Disaster Management · Beach Renourishment Project · Allocation of Local Option Gas Tax · Lease re Atlantic Dunes Parking Area · Lease re Miller Field · Agreement re Catherine Strong Center · Fee interest in parcel along 1-95, west of Tropic Palms Subdivision · Fee interest in parcels west of the Intracoastal Waterway, north of Eighth Street · Lease and easements re Western Wellfield REQUIREMENTS FOR CAPITAL IMPROVEMENT IMPLEMENTATION 1. Location: Pg. IV-6, Decade of Excellence Projects and Programs Change: REVISION S.E-./S.W. 10th Street four-lane Federal Highway to ~~ ~ Congress Ave. $2,000,000 Project involves widening ~6 f~ ~M~ as needed complete with curb and gutter, drainage and sidewalks. Road improvements required to provide parallel route to Linton Boulevard and to attract potential development. 2. Location: Pg. IV-12, Table IV-3, Five Year Capital Improvements Schedule Change: REVISION T: \ADVANCED\93-1. DOC MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~~ITY MANAGER SUBJECT: AGENDA ITEM ~ IQ ~ - MEETING OF SEPTEMBER 28. 1993 ORDINANCE NO. 52-93 DATE: September 24, 1993 This is an ordinance adopting Comprehensive Plan Amendment 93-1. At the September 14th regular meeting, Mr. Ellingsworth noted an inconsistency in the master plan with respect to the Leon Weekes Scrub project. He did not feel he could support Plan Amendment 93-1 unless it contained an item for that particular project. He also requested that the Leon Weekes Scrub project be kept in the 1994-95 Capital Improvements program. Final action on Ordinance No. 52-93 was deferred in order to address the comments made on second reading and to make the ordinance effective concurrently with the adoption of the FY 1993/94 budget. Recommend approval of Ordinance No. 52-93. CITY COMMISSION DOCUMENTATION TO: //~%~D T. HARDEN, CITY MANAGER FROM: ~DA~ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 14, 1993 ADOPTION OF PLAN AMENDMENT 93-1~ PUBLIC HEARING ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of holding the required public hearing and then deferring action on the adoption of Plan Amendment 93-1. BACKGROUND: First reading of this Ordinance occurred on August 24th. At that time, the complete background material and documentation was provided along with an analysis. Affixed to this documentation is the Ordinance and its exhibit. The exhibit contains only the specific changes. The changes are shown though underlining of new material and strike-throughs 6f Your attention is drawn to the Five Year Schedule of Capital Improvements. The additions, changes, and deletions make this schedule and the schedule in the City Manager's proposed budget document consistent provided that certain changes are made to the City Manager's proposal. These changes have been discussed and agreed to among the City's CIP Committee (including the City Manager ) . PLANNING AND ZONING BOARD CONSIDERATION: The attached exhibit reflects the previous recommendation made by the Planning and Zoning Board. City Commission Documentation Adoption of Plan Amendment 93-1, Public Hearing Page 2 RECOMMENDED ACTION: By motion, hold the public hearing and defer action to September 28th. The reason for doing so is to be able to make adjustments, if any, between the Five-Year Schedule and the resulting Capital Improvement budgets to be adopted with the budget. Attachment: * Ordinance 52-93 with exhibit DJK/CC93-1A COMPREHENSIVE PLAN AMENDMENT 93-1 CONSERVATION ELEMENT 1. Location: Pg. III-A-13, Policy A-l.1 Change: REVISION Policy A-1.1 ;( ~~ The practice of monitoring groundwater conditions through installation of ~ ~~ 6f monitoring wells shall be continued. In additiont monitoring wells are to be installed for non-residential uses which locate within Zone 3 around the Series 20 and Eastern Wellfields. Provisions shall be made for data from these private monitoring wells to be used in the City's on-going monitoring efforts. TM~ ~~ ~M~ ~ ~~ ~M~ 2. Location: Pg. III-A-14, Policy A-2.2 Change: DELETION 3. Location: Pg. III-A-14, Policy A-2.3 Change: DELETION 4. Location: Pg. III-A-17, Policy B-I.1 Change: REVISION Policy B-i.1 The environmentally sensitive areas identified in Objective B-1 ~ ~ have been identified on the Future Land Use Map by an "Open Space - Conservation" symbol_ W~ ~ ~W ~Z6~6~ ~ ~ ~~ The F.I.N.D. parcels ~I ~ have been zoned ~ 6~ ~ into the conservation zone district. This zoninq shall be maintained in order to further Ob~ective B-1. 5. Location: Pg. III-A-18, Policy B-2.2 Change: REVISION Policy B-2.2 Whenever and wherever significant or sensitive flora and fauna communities are identified pursuant to Policy B-2.1, they shall be preserved as if they were environmentally sensitive areas as identified in Objective B-1. [LDR Section 3.3.4(B)] 1 6. Location: Pg. III-A-18, Policy B-2.5 Change: REVISION Policy B-2.5 Whenever new development or redevelopment is proposed along a waterway, a canal, an environmentally sensitive area, or an area identified via Policy B-2.1, an area equivalent to at least 10% of the total area of the development shall be set aside in an undisturbed state or 25% of native communities shall be retained pursuant to TCRPC Policy 10.2.2.2. (b3) [LDR Section 3.3.4(B)] 7. Location: Pg. III-A-18, Policy B-3.3 Change: REVISION Policy B-3.3 T~~ ~~9~fmt~Z ~ff~ ~ ~ ~/~3Z A program which will accommodate necessary repair, replacement, and maintenance of City-owned seawalls along the Intracoastal Waterway shall be prepared by the Environmental Services Department in FY 93/94. 8. Location Pg. III-A-19, Policy B-4.1 Change: REVISION Policy B-4.1 As a part of the City's ongoing beach renourishment and protection program, the existence of pedestrian accesses to the beach shall be maintained and enhanced through the continuation of the dune manaqement program. Where necessary to control erosion~ accesses shall be enhanced in accordance with the Beach Access Study. PUBLIC FACILITIES ELEMENT 1. Location: Pg. III-B-7, seventh diamond, under INVENTORY AND ANALYSIS Change: REVISION · The quality of the water, while meeting health standards, ~ was relatively hard. Citizens frequently complained about water quality. A commitment ~ was made, when the Comprehensive Plan was up-dated in 1989, to change to a lime coagulation system and, thus enhance water quality. This commitment was fulfilled in December~ 1992~ throuqh the completion of Project #91-22~ the lime softening conversion of the Water Treatment Plant.' T~ ~~ ~6~Z 2. Location: Pg. III-B-8, last diamond, under INVENTORY AND ANALYSIS Change: REVISION · Water system interconnections between the City of Delray Beach's system and the systems of Boca Raton and Boynton Beach ~~ ~ have been provided in order to accommodate emergency situations among these communities. ~ ~~ ~ W~XX~ 6~ I W~XXfX~X~I This need was identified in the up-date of the Comprehensive Plan in 1989; and was met by completion of system lnterconnections to Boca Raton~ Boynton Beach and Palm Beach County. 3. Location: Pg. III-B-15, fifth paragraph, under INVENTORY AND ANALYSIS Change: REVISION The Central Fire Station no longer provides the space and facilities which are required for modern operations. Xfi ~fi~ ~~ ~t~ Z~ ~¢¢~t~IZ~ ~a~ fi~l A new Central Fire Station is under construction on Atlantic Ave. at N.W. 6th Ave. It has a scheduled completion date of August, 1993. A new fire station ~tl~ replace~ substation #2 in 1990. Rehabilitation and renovation f~ required for substations #3 and #4 Xi ~6~ i~gIZ6 fi¢IlfZI6~ f~ ft~ ff~Z6~Y was provided for when the Comprehensive Plan was up-dated in 1989. Those renovations are scheduled for completion in 1993. A new, temporary~ substation (#5) f~ ~f~6~ has been completed on Linton Boulevard at Old Germantown Road~ in the southwest portion of the community. The permanent Fire Station #§ on this site is currently under construction and is scheduled for completion in Aprll~ 1993. 4. Location: Pg. III-B-16, second paragraph, under "program for additional facilities" (INVENTORY AND ANALYSIS): Change: REVISION The following needs exist: · Additional office space for City Hall employees who are necessary to accommodate normal growth and the demands for new programs as reflected throughout this Plan. · Cemetery expansion to the reserved area south of the existing facility. 4 5. Location: Pg. III-B-17, NEEDS AND RECOMMENDATIONS, third diamond Change: DELETION 6. Location: Pg. III-B-17, sixth and ninth diamonds; and page III-B-18, first diamond Change: DELETION 7. Location: Pg. III-B-26, Policy B-2.3 Change: DELETION 8. Location: Pg. III-B-26, Policy B-2.4 Change: DELETION 9. Location: Pg. III-B-26, Policy B-3.1 Change: REVISION Policy B-3.1 W~M~ ~ ~ shall maintain its program of responsible consumption of water (per capita basis) and shall decrease the overall per capita consumption of water by 10% from 1989 levels ~ ~ through continued implementation of the following techniques and programs: (Also see Objective A-4 of the Conservation Element). · ~Z~~Z ~f ~ ~ff~~ maintaining its water rate structure which sets a higher uniform ~ rate for ~ ~,~ consumption and decreases customer capacity charges in order to promote reductions in water consumption ~ ~~ ~~ ~ ~ ~ as well as establishment of conservation surcharges, based on South Florida Water Manaqement District formulae~ and keyed to various levels of drouqht alert; · mandatory use of wells for irrigation purposes where conditions permit [LDR Section 7.7]; · enhanced enforcement of water use laws; · requirements for xeriscape landscaping alternatives to be considered for all new development during the review of site and development plans [LDR Section 4.6.16 (E)]; and $ · continuation of the regular preventive maintenance program for water mains, pumps and meters (see related Policy C-4.3) 10. Location: Pg. III-B-27, Policy B-4.2 Change: DELETION 11. Location: Pg. III-B-27, Policy B-4.3 Change: DELETION 12. Location: Pg. III-B-28, Policy B-5.1 Change: DELETION 13. Location: Pg. III-B-32, Policy D-1.2 Change: DELETION 14. Location: Pg. III-B-32, Policy D-1.3 Change: DELETION 15. Location: Pg. III-B-32, Objective D-2 Change: REVISION Objective D-2 The municipal cemetery exDansion proqram shall be ~~d ~ ~ continued to accommodate future demands. [Maintenance objective] 16. Location: Pg. III-B-32, Policy D-2.1 Change: REVISION program for the expansio~ south of the existinq facility shall be continued to accommodate future demand with funds to come from the General Capital Improvement Fund. [maintenance policy] 17. Location: Pg. III-B-32, Policy D-2.2 Change: DELETION 18. Location: Pg. III-B-32, NEW OBJECTIVE AND POLICIES Change: NEW OBJECTIVE AND POLICIES Objective D-4 Provisions are to be made to maintain and upgrade existing public facilities to maintain an acceptable level of service for the facility and to retain the "marketability" of the facility and the City. This objective shall be met through the following policies. Policy D-4.1 The City shall establish a program for the maintenance and repair of buildings and facilities, including such items as roof replacement and malor structural repair, in a timely manner to maintain the viability of the facility. Policy D-4.2 The City shall establish a program for the replacement of irreparable or obsolete buildings, facilities, and major facility elements and the upgrading of existing facilities to maintain their ability to deliver the established level of service to the community. Policy D-4.3 All new construction projects shall be in accordance with Federal guidelines on accessibility. The City shall make modifications to existing facilities that are easily achievable without great expense, such that the facility will be in accordance with Federal guidelines on accessibility. 19. Location: Pg. III-B-34, Policy E-1.5 Change: REVISION Policy E-1.5 ~ ~ ~f ~ ~~Z~ W~ ~torm water drainage regulations ~g~ll which provide for the protection of natural drainage features and ensure that development utilizes storm water management systems which are compatible with this objective shall be retained. (c4) [LDR Section 4.1.9] 20. Location: Pg. III-B-34, New policy E-1.7 Change: ADDITION Policy E-1.7 The major trunk line/outfall, for the basin 28 drainage project shall be constructed in con~unction with beautification ? improvements to George Bush Boulevard in order to achieve cost savings gained through participation with the developer of the Anchorage. TRAFFIC ELEMENT 1. Location: Pg. III-C-25, Policy A-7.3 Change: REVISION Policy A-7.3: The City, by adoption of this policy statement, opposes widening or other enhancements of A-1-A which would accommodate greater traffic flow since such improvements would encourage the use of A-1-A for inter-area traffic movements and will therefore increase the use of east-west trafficways to access A-1-A. 2. Location: Pg. III-C-25, Policy A-7.7 Change: REVISION Policy A-?.? The City maintains a policy of supportin~ only two thru travel lanes on Swinton Avenue ~dZ~Yd~d, between the North City limits and S.W. l0 Street (less the segment between S.E. 1st Street and N.~. 1st Street)~ and that the ultimate right-of-way be considered to be ~dd~d ~6 sixty feet (60'). [~aintenance Policy] 3. Location: Pg. III-C-27, Policy B-3.2 Change: REVISION Policy B-3.2 A formal scenic street program shall be established by June, 1992. Initial improvements shall be funded through a General Obligation Bond and then on an annual basis with the first annual funding occurring in the FY 95/96 Budget. The program shall be developed within the Community Improvement Department. The following shall be financed through the General Obligation Bond program of 1989: a) Atlantic Avenue east of the Intracoastal Waterway; b) Atlantic Avenue between Swinton and 1-95; c) Atlantic Avenue between 1-95 and Military Trail; d) Swinton Avenue from SE 10th Street to the north City limits; and e) Barwick Road, north of Atlantic Avenue. The Following shall be financed through private funding: a) George Bush Boulevard from Federal Highway to the Intracoastal Waterway; b) Palm Trail from George Bush Boulevard to the Anchorage Project. l0 OPEN SPACE & RECREATION ELEMENT 1. Location: Pg. III-D-10, last item, under ANALYSIS. Change: REVISION Neighborhood Parks -3 Baseball/Softball Fields ~ -1 Football/Soccer ~; -4 2. Location: Pg. III-D-Ii, first Item, under ANALYSIS. Change: REVISION These deficiencies are accommodated through the following proposed improvements: Baseball/Softball Fields · at least one field in the new southwest park · two new fields at the new middle school · additional quality field at Pompey Center, 1991 · improve the existing field at the Boy Scout Complex, FY 93/94 Football/Soccer · multi-purpose fields at the new southwest park (2) · multipurpose fields in conjunction with the new middle school (2) · conversion of Merrit fields to multipurpose use (2) 3. Location: Pg. III-D-12, NEEDS ~ND RECOMMENDATIONS, second diamond. Change: DELETION 4. Location: Pg. III-D-13, last diamond, under NEEDS AND RECOI~IENDATIONS Change: REVISION · A tennis stadium and 12 tennis courts were construction in 1993 at the site of the municipal tennis center. 6 additional courts are to be constructed at this location. The completion of the municipal tennis complex should be completed expeditiously in order to maximize its use and benefit to the community. 5. Location: Pg. III-D-13, NEEDS AND RECOMMENDATIONS, Add New Diamond Change: ADDITION ~ Replace the pool at the Pompey Park Community Center. 6. Location: Pg. III-D-17, Policy A-2.5 Change: REVISION Policy A-2.5 The following listing is hereby established as the general priority list for the funding of major capital improvements which pertain to recreational facilities. Policies A-2.6 through A-2.8 along with the policies embodied in the Capital Improvement Element shall be followed if it becomes necessary to alter priorities. (Project descriptions and estimated costs are found in the "Inventory" section of the Recreation and Open Space Element.) (c5) FIRST PLANNING PERIOD, 1990-1995 · Golf Course Club House · Completion and enhancement of the Pompey Park Community Center SECOND PLANNING PERIOD, 1995-2000 · Development of the Catherine Strong Center area (including Carver Middle School facilities) into a community center. · FIND parcel (MSA 650). · A new park in the southwest portion of the planning area · Either refurbishing and expansion of the municipal tennis center or its relocation. 7. Location: Pg. III-D-20, Policy B-2.4 Change: REVISION Policy B-2.4 As a part of the City's ongoing beach renourishment program, the existence of pedestrian accesses to the beach YW~RZ~6~Y ~ Z~ ~ ~~ shall be maintained and enhanced ~~ (See Conservation Policy B-4.1). COASTAL MANAGEMENT ELEMENT 1. Location: Pg. III-F-13, first diamond Change: REVISION · The existing infrastructure for potable water, sewer, and streets accommodates existing development. There are no plans for installation of additional facilities or the expansion of these current facilities east of the Intracoastal Waterway. Some localized drainage improvements are necessary. The only improvements proposed west of the Waterway is for the area north of the Eighth Street Bridge (discussed previously). The only other public investment in "infrastructure" is for beach renourishment, beautification, and increased accessibility. ~~}t~ ~[6~ Z~ ~99Z~ This is an on-going program. The last nourishment was completed in Decemberw 1992. The next scheduled nourishment is for the year 2000. 2. Location: Pg. III-F-14, first paragraph under NEEDS AND RECOMMENDATIONS Change: REVISION Opportunities do exist for increasing accessibilit~ particularly along the Intracoastal Waterway. The main opportunity is in the development of the FIND parcel MSA650 located south of Knowles Park. 3. Location: Pg. III-~-lg, Policy Change: DELETION 4. Location: Pg. III-F-26, Policy C-6.1 Change: REVISION Policy C-6.1: T~d ~~ f~ Veteran's Park ~I f~ provides opportunities for varied community activities. Provisions ~X~ ~ have been made for short-term mooring of small boats, thus providing additional accessibility to the area. 14 5. Location: Pg. III-F-26, Policy C-6.2 Change: DELETION 6. Location: Pg. III-F-26, Policy C-6.5 Change: REVISION Policy C-6.5 T~ ¢~E~l g~~ ~g~ ~Z~fi~fi~ Prior to consideration of new dockaqe facilities (of greater than five powerboat slips)~ the City shall first participate in the preparation and adoption of a Manatee Protection Plan. The City should petition Palm Beach County to be the project leader with respect to preparation of a Manatee Protection Plan for the southern portion of Palm Beach County. FDNR standards and guidelines for preparation of a Manatee Protection Plan shall be followed. In addition~ Delray Beach residents shall be provided first priority for new dockaqe or moorinq opportunities. 15 FUTURE LAND USE ELEMENT 1. Location: Pg. III-G-12, first diamond Change: REVISION · The City of Delray Beach is 87% built-out (population basis). Approximately ~ 450 acres of undeveloped residential land remains which does not have, at least, a preliminary development order (a master plan or preliminary subdivision plat). This land, along with sites which have development orders are shown on Figure L-4. There are no soils, topographic, or historic constraints in these areas. ~M~ ~ EM~ ~f ~ f~t~ d~l~~l One area, Delray Oaks, has natural resources (oak hammock) which are targeted for preservation. 2. Location: Pg. III-G-9, Figure L-4 Major Residential and Vacant Parcels 16 : 81rACl~ :. I I~ VACANT RES AIL ' The City of Delray Beach MAJOR RESIDENTIAL PARCELS SPG STRATEGIC PLANNING GROUP INC FIGURE L-4 I~ 17 3. Location: Pg. III-G-10, Table L-3 *** AMENDMENTS TO TABLE L-3 *** Table L-3 Ongoing Developments Single- Multi-Family Project Family ....... Far~ily Total- - 1. Sable Lakes 348 114 462 2. Sherwood Forest I~ 33 --- l~ 33 3. Isles of Delray 100 48 148 4. Groves of Delray --- 156 156 Total Number of Ill Ill l/Ill Units Planned: ~;~ 481 318 ~9l 799 Source: ~K~K~ ~Zl~fiI~ ~1 City of Delray Beacht 1992 *** REVISED TABLE L-3 *** Table L-3 Ongoing Developments Single- Multi-Family Project Family Family Total 1. Sable Lakes 348 ll4 462 2. Sherwood Forest 33 --- 33 3. Isles of Delray 100 48 148 4. Groves of Delray --- 156 156 Total Number of 481 318 799 Units Planned: Source: City of Delray Beach, 1992 18 4. Location: Pg. III-G-10, Table L-4 *** AMENDMENTS TO TABLE L-4 *** Table L-4 Available Land Density Potential Parcel Size Units/Acre Units Type A 143 ac+ 4 532 Single-family detached (SFD) B 101 ac+ 4 404 SFD C 60 ac+ 12 720 Multifamlly (MF) D 30 ac+ 6 180 MF E 11 ac+ 12 132 MF F 8 ac+ 6 48 MF G Z~71 ac+ 10 Z~ 710 MF H Z~18 ac+ 5 ~Z~ 90 SFD/MF mixed Total Potential Housing Units:Z~Z6~2~816 Source: SZ~Z~ ~~M~ ~~ ~ ~ City of Delray Beach~ 1992 *** REVISED TABLE L-4 *** Table L-4 Available Land Density Potential Parcel Size Units/Acre Units Type A 143 ac+ 4 532 Single-family detached (SFD) B 101 ac+ 4 404 SFD C 60 ac+ 12 720 Multifamily (MF) D 30 ac+ 6 180 MF E 11 ac+ 12 132 MF F 8 ac+ 6 48 MF G 71 ac+ 10 710 MF H 18 ac+ 5 90 SFD/MF mixed Total Potential Housing Units: 2,816 Source: City of Delray Beach, 1992 19 5. Location: Pg. III-G-22, Policy A-5.6 Change: REVISION Policy A-5.6 For each item acted upon by the Local Planning Agency, the revised land use regulations shall require that the LPA make specific findings as to: (cl) · consistency with the Future Land Use Map and its supporting policies. · internal consistency with other elements of the Comprehensive Plan. · concurrency pursuant to Policy B-2.2 of the Land Use Element. · other items as they apply to the level of decision being made and corresponding principles and practices of urban planning. [LDR Section 3.1.1] 6. Location: Pg. III-G-22, Policy A-5.12 Change: DELETION 7. Location: Pg. III-G-23, Policy A-5.15 Change: DELETION 8. Location: Pg. III-G-23, Policy B-i.1 Change: REVISION Policy B-I.1 In the area of Blood's Hammock Grove, provisions shall be made ~f F~ ~g~ #~ ~ for a neighborhood park. (See Policy A-2.5 of the Open Space & Recreation Element) 9. Location: Pg. III-G-24, Policy B-1.2 Change: DELETION 10. Location: Pg. III-G-24, Policy B-1.3 Change: DELETION 11. Location: Pg. III-G-24, Policy B-1.4 Change: REVISION Policy S-l.4 The ~~ ~ ~M~ Land Use Regulations ~ ~~*~ ~ shall continue to include provisions for the dedication of rights-of-way for streets and easements for the installation of water, sewer, and drainage facilities. [LDR's Sections 5.3.1 - 5.3.4] 12. Location: Pg. III-G-24, Policy B-2.3 Change: REVISION Policy B-2.3 As a part of the City's Concurrency Manaqement System, pPrior to issuance of any certificate of occupancy, the Chief Building Official or a designee shall certify that concurrency is achieved. T~ ¢~Z~f~Z~ ~f ~~fi~ff [LDR Section 2.4.6(c)] 13. Location: Pg. III-G-30, Policy C-2.7 Change: REVISION Policy C-2.7 The following pertains to the redevelopment of the Silver Terrace Area: This area involves the old Silver Terrace Subdivision which is zoned ~ RM and contains some mixed use .... (balance of policy unchanged) 14. Location: Pg. III-G-32, Policy C-3.5 Change: DELETION 15. Location: Pg. III-G-32, Policy C-3.6 Change: REVISION Policy C-3.6: The City shall continue to reqain its prominence as a "tennis community". To reach this stature, the municipal tennis center shall be ~f~~ pursuant to the development plan approved in 1992 Funding shall be made available for finishinq construction in FY 92/93. T~ 16. Location: Pg. III-G-33, Policy C-4.8 Change: REVISION Pollcy C-4.8{a} A Neighborhood Plan shall be 21 completed for the "Pineapple Grove" area in FY 9Z/92/93. The neighborhood plan shall be ~~ completed by the Planning Department. Policy C-4.8(b) The aDproximate amount of $500,000, as established in the Decade of Excellence Bond Proqramf for "redevelopment seed money" shall be used within the six (6) block area bounded by NE 1st Avenue (west)~ Atlantic Avenue (south), NE 2nd Street (north)~ and the FEC Railway (east). These funds may be used for land acquisitionf land preparatton~ construction~ beautificationf and similar purposes. 17. Location: Pg. III-G-35, Policy D-2.4 Change: DELETION 18. Location: Pg. III-G-35, Policy D-2.6 Change: DELETION 19. Location: Pg. III-G-36, Policy D-3.4 Change: DELETION 20. Location: Pg. III-G-36, Policy D-3.5 Change: DELETION 21. Location: Pg. III-G-43, Table L-6 Change: REVISION 22 22-A CAPITAL IMPROVEMENT ELEMENT 1. Location: Pg. III-H-4, first item, Public Education and Health Systems. Change: REVISION Public Education and Health Systems: The City of Delray Beach is totally within the Palm Beach County School District. There exists one high school, one middle school, and four elementary schools within the City. While the capacity of these schools is sufficient to meet the needs within Delray Beach, the issue of segregation and integration have necessitate~ the School District to undertake extensive bussing of Delray Beach children to other schools~ situation has improved with reinvestment in the Spady Elementary School and its conversion to a montessori program. Another elementary school ("S") is targeted for a location within the City, east of Military Trail and south of Linton Boulevard. This school siting was agreed to by the School District Board and the City Commission upon mutual acceptance of a citizen driven action which culminated in a program of "Sharing for Excellence in Delray Beach Schools". The School District ~ ~¢~~ ~6~~ Z~ ¢~Z~ W~Z ~f ~ f~ is presently (1993) constructing a new middle school within the City, again, pursuant to the "Sharing for Excellence in Delray Beach Schools" program. Construction of this schools W6~I~ will lead to the closing of Carver as a middle school. A program for conversion of the Carver School site to a family services facilities has been initiated~ again, pursuant to the "Sharing of Excellence" program. The problems of providing appropriate public educational facilities in Delray Beach is ~ a Capital Improvement matter only to the extent of the City's participation with the School District in the provision of adequate and appropriate infrastructure. Otherwise~ it ~ is a political matter dealing with racial matters. The Land Use Element through Goal Area D addresses this subject. The City's health system needs are ~ met by two hospitals within one mile of the City limits. One, Bethesda Memorial Hospital, is to the northeast; the other, Delray Beach Community Hospital, is to the southwest. The County Health and Rehabilitation Center has a regional office and a clinic in the City. The County has a social service center which is located in the City. 2. Location: Pg. III-H-4, third paragraph Change: REVISION Controllable Revenue Sources: · Ad Valorem Taxes: ¢~~ FY 92/93 operating levy of ~l~ 6.20 mills; capacity is 10 mills. · Utility Tax: ¢~~ FY 92/93 rate is ~1~9.5% (an exemption for residential makes their rate 8.5%); capacity is (electrical bills) 10%. Excess capacity can be used for a revenue bond. 3. Location: Pg. III-H-5, first paragraph, under existing Revenue Sources Change: REVISION The City has established enterprise funds for the following activities: · Water and Sewer · Sanitation · The City Marina · The Municipal Golf Course 4. Location: Pg. III-H-18, Policy A-2.3 Change: REVISlONAND ADDITION OF NEW POLICIES Policy A-2.3 The City shall establish a funding source for replacement of irreparable or obsolete office equipment, replacement of computer hardware and replacement of major pieces of equipment. Funds for these purposes ~ W~[X ~ ~~ ~~~ ~ ~~ will be set aside annually from general funds to be used for general capital improvements. Policy A-2.3a The City shall establish a fundinq source for the maintenance and repair of buildinqs and facillties~ includinq such items as roof replacement and ma~or structural repair~ in a timely manner to maintain the viability of the facility. Funds for these purposes will be set 24 aside annually from general funds to be used for general capital improvements. Policy A-2.3b The City shall establish a funding source for the replacement of irreparable or obsolete buildings, facilities, and major facility elements and the upgrading of existing facilities to maintain their ability to deliver the established level of service to the community. Funds for these purposes will be set aside annually from general funds to be used for general capital improvements. 5. Location: Pg. III-H-19, Policy A-2.4 Change: REVISION · $250,000 in FY 93/94, $300,000 in FY 94/95t and $350,000 annually through FY 97/98 to come from Gas Tax Revenues and which shall be applied to upgrading, resurfacing, and repair of streets which are on the City's adopted maintenance schedule. Change: ADDITION $150,000, to come from General Tax Revenues, to be set aside for ma~or maintenance, repair and replacement of equipment and facility components to maintain level of service. (Public Facilities D-4, D-4.1t D-4.2, D-4.3) INTERGOVERNMENTAL COORDINATION ELEMENT 1. Location: Pg. III-I-3, County Commission Change: REVISION COUNTY COMMISSION · Mutual Aid Agreement - 911 Expanded System · Mutual Aid Agreement - Evacuation and Disaster Management · Beach Renourishment Project · Allocation of Local Option Gas Tax · Lease re Atlantic Dunes Parking Area · Lease re Miller Field · Agreement re Catherine Strong Center · Fee interest in parcel along 1-95, west of Tropic Palms Subdivision · Fee interest in parcels west of the Intracoastal Waterway, north of Eighth Street · Lease and easements re Western Wellfleld REQUIREMENTS FOR CAPITAL IMPROVEMENT IMPLEMENTATION 1. Location: Pg. IV-6, Decade of Excellence Projects and Programs Change: REVISION S.E./S.W. 10th Street four-lane Federal Highway to ~ME~W~ R~ Congress Ave. $2,000,000 Project involves widening E~ f~ ~M~ as needed complete with curb and gutter, drainage and sidewalks. Road improvements required to provide parallel route to Linton Boulevard and to attract potential development. 2. Location: Pg. IV-12, Table IV-3, Five Year Capital Improvements Schedule Change: REVISION T .' \ADV~NCED\93-1. DOC MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY I~NAGER~ SUBJECT: AGENDA ITEM ~ 10 b - MEETING OF SEPTEMBER 14, 1993 ORDINANCE NO. 52-95 DATE: September 10, 1993 This is the second reading of an ordinance adopting Comprehensive Plan Amendment 93-1. Generally, the first amendment of each year focuses upon updating the work program in the Comprehensive Plan; making adjustments to the Capital Improvement Program; status of various objectives and policies; corrections; and general housekeeping. Amendment 93-1 proposes changes to 53 objectives and policies, modifies support material and tables in 19 locations, and updates the Five Year Schedule of Capital Improvements. There were two objections raised by DCA. To accommodate one of the objections, the policy will be left as it is. As to the other, additional text will be inserted to create what DCA refers to as a 'measurable objective' The Planning and Zoning Board at their August 16th meeting recommended approval subject to conditions. The Commission reviewed those conditions on first reading and by consensus opted to not include the Board's request relative to R/T zoning. At the August 24th regular meeting, Ordinance No. 52-93 passed on first reading by a 5-0 vote. Additionally, staff is requesting that final action on this ordinance be deferred to coincide with the adoption of the FY 1993/94 budget. Recommend deferral of final approval on Ordinance No. 52-93 to coincide with the adoption of the FY 1993/94 budget. CITY COMMISSION DOCUMENTATION TO:/~fDA¥ID T. HARDEN, CITY MANAGER DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF AUGUST 24, 1993 ADOPTION OF PLAN AMENDMENT 93-1~ FIRST READING ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of aDproval on first reading of an ordinance adopting Plan Amendment 93-1. Remaining actions include a properly noticed public hearing to be held on September 14th. Final action would be deferred, at that time, to September 28th in order that the Capital Improvement Program as shown in the Plan Amendment and in the Budget can be coordinated and reflect the same decisions. However, it is desired to proceed with the above processing sequence in order to insure that other aspects of the Plan Amendment receive due attention. BACKGROUND: Plan Amendment 93-1 proposes changes to fifty-three (53) objectives and policies, modifies support material and tables in nineteen (19) locations, and up-dates the Five Year Schedule of Capital Improvements. Attached is the Planning and Zoning Board staff report (August 16th) which provides further information about the amendment. A copy of the transmittal document (actual changes and support documents) is available in the Planning Department Offices. As an attachment to the public hearing document (the enacting ordinance), there will be the precise wording changes. The City Commission forwarded the proposed Amendments to DCA, for mandatory review, by action on March 23, 1993. The review process has been completed and only two (2) objections were raised. Both are relatively insignificant. They are addressed in the accompanying P&Z Board Staff Report (August 16th). In addition to responding to the formal objections, the proposed amendment needs to be up-dated to reflect the current status of our Five-Year Capital Improvement Schedule,--- The coordination of this Plan Amendment's Five-Year Schedule and the Budget Capital Improvement Program will occur on September 28th. City Commission Documentation Adoption of Plan Amendment 93-1, First Reading Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of Augus% 16, 1993. On a 4-1 vote (Krall dissenting, Currie and Felner absent), the Board recommended the following: 1. That Policy B-3.3b of the Land Use Element not be enacted (i.e. the current wording not be changed). 2. That Policy B-3.1 of the Public Facilities be changed to retain a "measurable standard". 3. That while the proposed Capital Budget is not inconsistent with the Comprehensive Plan, that the timing and allocation of funds be made in consideration of the comments contained within the staff report and that the Five-Year Schedule be modified accordingly. (Director's Note: The Commission should consider the P&Z Staff Report when workshopping the Capital Improvement portion of the City Manager's proposed budget.) 4. That, upon accommodation of the above, Plan Amendment 93-1 be approved (adopted). RECOMMENDED ACTION: By motion, approval of this adoption ordinance on first reading, with appropriate public hearings scheduled for September 14th. Attachment: * P&Z Staff Report & Documentation of August 16, 1993 DJK/CC93-1 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: AUGUST 16, 1993 AGENDA ITEM: V.A. REVIEW OF RESPONSE TO O.R.C. REPORT FOR PLAN AMENDMENT 93-1 AND RECOMMENDATION TO THE CITY COMMISSION REGARDING CHANGES TO 93-1 ITEM BEFORE THE BOARD: The item before the Board consists of the following: * Review of the Objections, Recommendations, and Comment (O.R.C.) Report prepared by the Department of Community Affairs (DCA) on our proposed Plan Amendment 93-1. * Review and endorsement of the City's Response to the O.R.C. Report. * Recommendations to the City Commission regarding changes to the proposed amendment which 'will: (a) accommodate objections raised by DCA, (b) up-date material pertaining to the Five Year Schedule of Capital Improvements, and (c) accommodate other minor changes. BACKGROUND: Amendment 93-1 proposes changes to fifty-three (53) objectives and policies, modifies support material and tables in nineteen (19) locations, and up-dates the Five Year Schedule of Capital Improvements. Attached is the Table of Contents which lists the subject of the changes. Plan Amendment 93-1 was prepared early in 1993. It. was reviewed at a public hearing held before the Planning and Zoning Board on March 15, 1993. It was authorized to be forwarded to DCA for required review by City Commission action on March 23, 1993. DCA has completed its review and has issued its O.R.C. Report. The Department has stated two objections. There were no objections from other reviewing agencies. The City must now respond to the O.R.C. Report and take "adoption" action on the proposed Plan Amendment 93-1. VoAo P & Z Staff Report Review of Response to O.R.C. Report for Plan Amendment 93-1 Page 2 In addition to the two items raised in the O.R.C. Report, we will up-date the Five-Year Schedule of Capital Improvements to reflect the final FY 93/94 Capital Budget. Both this Plan Amendment-and the Capital Budget will have hearings and be considered for action before the City Commission at the same time. It is appropriate to have consistency between these two items. Finally, one additional item, not previously considered, is being added to the Amendment package. R E S P O N S E T O O.R.C. R E P O R T: The two objections raised by DCA are summarized as follows (please refer to. their letter of July 16, 1993, copy attached for more detail). * Land Use Element Policy B-3.3b: DCA notes a technical concern by the existence of the last sentence which they feel makes the Plan self-amending. The last sentence allows an annexed property to assume the City nomenclature for its land use designation without the formality of a plan amendment. However, this is to occur only after the execution of an interlocal agreement with the County. Such a situation is allowed under Chapter 163. There appears to be some confusion as to interpretation of our intent. We note that this same policy is subject to further amendment in Plan Amendment 93-2. Please see John Walker's memorandum of July 22nd for more detail and explanation. Options for alleviating the objection: 1. Delete the last sentence, as suggested by DCA. 2. Provide more extensive documentation and Justification under provisions of 163.01 and 163.3171, F.S. 3. Make no changes to Policy B-3.3b and leave as it is presently written (i.e. pre proposed Amendment 93-1). Recommended Action: Make no change to Policy B-3.3b i.e. leave as it was; and note that Policy B-3.3b is under further change in Plan Amendment 93-2. * Public Facilities Element Policy B-3.1~ DCA notes that we have eliminated a "measurable standard" from this Policy. Our act'ion was meant to note that the target had been reached and the programs used to reach it should be retained as "maintenance" items (policies). Options for alleviating the objection: 1. Provide more extensive documentation' verifying that the target has been achieved and providing language that the achieved target shall not be violated in the future. 2. Re-insert a measurable standard. (See John Walker's memorandum of July 22nd for more detail and analysis). P & Z Staff Report Review of Response to O.R.C. Report for Plan Amendment 93-1 Page 3 Recommended Action: Alter the first portion of Policy B-3.1 to accommodate a measurable objective as recommended by Mr. Walker i.e. policy B-3.1 W~ ~ ~ f~ZZ~W~ ~d~~ ~f ~H~ ~~X~ PZ~ ~ ~~Z The City shall maintain its program of responsible consumption of water (per capita basis) and shall decrease the overall per capita consumption of water by 10% from 1989 levels dM~X~ M~ ~~d~d M~ Z~! through continued implementation of the following techniques and programs~ (Also see Objective A-4 of the Conservation Element). CHANGES TO THE FIVE YEAR SCHEDULE OF CAPITAL IMPROVEMENTS~ In compliance with the Annual Review Provisions of Chapter V, the preparation of our first amendment of the year precedes the annual budget preparation process. An independent assessment of capital improvement needs is made by the Planning and Zoning Board following public input (hearing) sessions and initial requests from Administrative Departments. Based upon that assessment, amendments are proposed to the Five-Year Schedule and are included in Plan Amendment 93-1. Subsequently, additional information becomes available regarding costs of proposed project and regarding available revenue. That information is now available in the form of the proposed Capital Budget for FY 93/94. There are differences between what is proposed in the Capital Budget and what is shown in 93-1. These are as follows: 1. Recreational Impact Fee Fund: Funding for acquisition of the Southwest Park is changed from $500,000 in FY 93/94 to $400,000 in FY 93/94 and $100,000 in FY 94/95 due to availability of funds. 2. Decade of Excellence Fund: * Funding for Street Reconstruction increased to $2,500,000 (from $1,730,000) based on more accurate data. * Funding for Old School Square Improvement Area increased to $497,400 (from $450,000) reflecting an account balance. * Funding for Alley Reconstruction (CBD) increased to $350,000 (from $330,000) based upon revised estimates. * Inclusion of Fire Station #3 renovation at $263,400. Inadvertently left off the Amendment. * Inclusion of Barwick Road beautification at $54,150. Inadvertently left off the Amendment. * Funding for residual work in the Northwest Drainage Project Area in the amount of $175,000. Previously non-expended funds. P & Z Staff Report Review of Response to O.R.C. Report for Plan Amendment 93-1 Page 4 3. Cemetery Fund: Increases to $140,000 in FY 93/94 (from $100,000) and to $60,000 in FY 94/95 (from $40,000) based upon up-dated revenue estimates. 4. Beach Restoration Funds Annual allocations altered to reflect identified needs and to extend projections to a full five-year timeframe. FY 93/94 from $123,600 to $108,600 FY 94/95 from $105,000 to $122,000 FY 95/96 from $ 45,000 to $ 30,000 FY 96/97 not shown to $ 67,000 FY 97/98 not shown to $ 32,000 5. Golf Course Fund: Changed to show only the totals since individual projects are less than $100,000/year. And, modified based upon continuing work on facility needs and revised revenue projections. FY 93/94 from $110,000 to $105,000 FY 94/95 from $180,000 to $175,000 FY 95/96 from $180,000 to $215,000 FY 96/97 from $150,000 to $215,000 FY 97/98 from $150,000 to $115,000 6. Stormwater Utility Fund: The Stormwater Master Plan is not yet completed and decisions for long term financing will not be made until mid-year, 1994. A determination has been made that the George Bush Boulevard outfall will not occur concurrently with other street improvements. Also, the Northwest Drainage Project is deemed complete with respect to meeting immediate needs. Available funds have been allocated, per the following, subsequent to need determinations to accommodate immediate flooding situations. FY 93/94 TOTAL $390,000 Basin Drive Pump Station @ $66,000 Ingraham Avenue Outfall 15,000 Nassau Street Pump Station 82,000 Seacrest Lane Drainage 21,000 Beverly Drive Drainage 63,000 NE 2nd Street Outfall 83,000 SW 1st Street & 4th Avenue 60,000 FY 94/95 TOTAL $402,500 Eagle and Avocet Drive 25,500 White Drive 92,000 Miramar Drive Pump Station 82,000 Lewis Cover Pump Station 82,000 Birdie Court 29,000 Barrier Island Pump Station 82,000 N.E.8th Street 10,000 P & Z Staff Report Review of Response to O.R.C. Report for Plan Amendment 93-1 Page 5 Note that the specific projects are not listed in the Five Year Schedule since none exceed $100,000. However, the total is shown for "Projects less than $100,000 each". 7. Water and Sewer 1993 Bond Issue: This bond issue was made during the year in order to take advantage of low interest rates. The basis for the projects were the Water and Sewer Master Plan Up-dates, as required by the Comprehensive Plan. All funds are to be expended or encumbered in FY 93/94. The project list is as follows: FY 93/94 TOTAL $6,674,000 Golf Course Wells (2) $ 950,000 Southwest Storage Tank Land 80,000 North Reservoir Pumps 335,000 NE Storage Tank (Atlantic HS) 1,575,000 Barwick Road, 12" main 160,000 Lake Ida Road, 12" main 230,000 Andrews Avenue, 12" main 430,000 NE 3rd'Avenue, 12" main 250,000 N. Barwick road, 12" main 100,000 RidgeWood Road, 12" main 220,000 Morikami Projection Wells 2,344,000 8. General Construction Fund: Due to declining assessed value, the General Fund is not able to provide funding at the level proposed in the transmitted Amendment 93-1. Adjustments have been made to reduce FY 93/94 expenditures from $2,064,600 to $593,000. This is accomplished by reductions, deletions (unfunded status) or deferral of the following projects. * Street resurfacing: Reduced from $250,000 to $50,000 * Equipment and Facilities R&R from $150,000 to $130,000 * City Attorney Block Beautification $51,000 to FY 94/95 * Pompey Park Pool $500,000 deleted * Tennis Center Phase II $300,000 deleted * Silver Terrace Paving & Drainage $293,600 deleted * School Site "S" Road Improvements reduced from $150,000 to $50,000 In FY 93/94 with balance in FY 94/95 * ADD: City Hall Hurricane Shutters @ $42,000 in FY 93/94 and $142,000 in FY 94/95. In FY 94/95 the deferrals are accommodated and new projects of Police Hurricane Shutters ($92,400) and Southwest Park Land Acquisition ($150,000) and Lake Ida Beautification additional at $70,000 are all added. In FY 95/96, the improvement of NE 4th Street from NE 2nd Avenue to Federal Highway is shown in the amount of $500,000. P & Z Staff Report Review of Response to O.R.C. Report for Plan Amendment 93-1 Page 6 Comments/Actions pertaining to the General Construction Fund: The reductions and changes which are necessary to accommodate the shortfall in revenue are generally consistent with policies and directives of the Comprehensive Plan. 'However, the following comments are offered. A. Pompey Park Pool should received complete funding as approximately $240,000 has been earmarked in current funds on-hand. (It is anticipated that additional funding will be identified prior to City Commission budget worksessions). B. Tennis Center Phase II should receive funding as the facility is necessary to retain our level-of-service needs for public courts. (It is anticipated that a revenue source will be identified prior to City Commission budget worksessions). C. The FY 94/95 expenditure for Southwest Park Land Acquisition should be from the Recreation Impact Fee Fund as opposed to the General Construction Fund. D. The Silver Terrace paving and drainage project is an obligation' incurred by virtue of Enclave Annexation programs. If the funds are not needed for immediate improvements due to investment in a redevelopment effort, those funds are essential to the success of the redevelopment effort. E. The provision of hurricane shutters at City Hall and at the Police Station were not previously prioritized by the Planning and Zoning Board for funding (at the expense of other projects). Dispositions Except for project deletions in the General Construction Fund, there are not significant changes between the initially proposed amendment changes and the proposed Capital Budget. The proposed Capital Budget is attached for Boardmember information. It is recommended that the above comments on the General Construction Fund be forwarded to the City Commission and entered into the record during the public hearings. The final Five year Schedule to be included with Plan Amendment 93-1 is to reflect final action as taken by the City Commission on the Capital Budget. ADDITIONAL ITEMS NOT PREVIOUSLY CONSIDERED~ On page 43 of proposed.Amendment 93-1 certain changes were made to Table L-6 which is the consistency matrix between Future Land Use Map Designations and the Zoning Districts. The additional change is to provide for consistency of the Resort/Tourism (R/T) Zone District to the Transitional Land Use Map Designation. This addition Is made based upon the realization that the general intensity of allowable uses in the R/T District is comparable to the NC, POD, and POC zone districts which are deemed consistent with the Transitional designation. P & Z Staff Report Review of Response to O.R.C. Report for Plan Amendment 93-1 Page 7 RECOMMENDED ACTIONS: 1. Recommend to the City Commission that the proposed changes to Land Use Element B-3.3b not be enacted and that the policy not be changed. 2. Recommend to the City Commission that Public Facilities Policy B-3.1 be changed to retain a "measurable standard". 3. Find that while the proposed Capital Budget is not inconsistent with the Comprehensive Plan; and, that the timing and allocation of funds be made in consideration of the comments contained within the Board's staff report. 4. Recommend to the City Commission that an additional consideration of adding consistency between the R/T Zone District and the Transitional Land Use Map designation be made. 5. And that, upon accommodation of the above, Plan Amendment 93-1 be approved. Attachments: * Table of Contents 93-1 * DCA O.R.C. Report * Walkers memo pertaining to O.R.C. Report compliance * Proposed Capital Budget DJK/PZORC931 TABLE OF CONTENTS CITY OF DELRAY BEACH COMPREHENSIVE PLAN AMENDMENT 93-1 PAGE i TABLE OF CONTENTS CONSERVATION ELEMENT Policy A-1.1 Monitoring of Groundwater Policy A-2.~2 Expand Zone 3 to One Foot Drawdown Policy A-2.3 Changes to Zoning Code Policy B-l.1 Designation of Sensitive Lands Policy B-2.2 Preservation of New Areas Policy B-2.5 10% Preservation Requirement Policy B-3.3 Intracoastal Seawall and Shoreline Protection Policy B-4.1 Beach Access 6 PUBLIC FACILITIES ELEMENT 6 Water Quality (Water Treatment Plant Conversion) 6 Water System Interconnections 7 Fire Station Replacements 8 Facility Needs and Opportunities 9 Computer System 10 Upgrading and Relocation of Facilities 10 Policy B-2.3 Retrofitting of Existing Wells 10 Policy B-2.4 Wellfield Rights 11 policy B-3.1 Techniques to Decrease Water Consumption 12 Policy B-4.2 Expansion of Wellfield Protection Ordinance 13 Policy B-4.3 Rezoning in Well Zone 3 13 Policy B-5.1 Conversion of Water Plant to Sodium Aluminate 13 Policy D-1.2 Central Fire Station Replacement 14 Policy D-1.3 New Fire Station in Southwest 14 Objective D-2 Cemetery Expansion 14 Policy D-2.1 Cemetery Funding Program 15 Policy D-2.2 Improvements to S.W. 10th Street 15 Objective D-4 Maintenance of Existing Facilities 15 Policy D-4.1 Maintenance of Facilities 15 Policy D-4.2 Replacement and Upgrading of Existing FaCilities 15 Policy D-4.3 Federal Guidelines on Accessibility 16 Policy E-1.5 Drainage Regulations 16 Policy E-1.7 Basin 28 Trunk Line/Outfall i PAGE 18 TRAFFIC ELEMENT 18 Policy A-7.3 No Enhancements of A-1-A 18 Policy A-7.7 Reduction of Right-of-Way for Swinton Avenue 19 Policy B-3.2 Scenic Street Program 21 OPEN SPACE & RECREATION ELEMENT 21 Park Deficiencies 22 Miller Field Expansion 22 Municipal Tennis Center 23 Pompey Park Pool 23 Policy A-2.5 Priority List for Capital Improvements 25 Policy B-2.4 Beach Access 26 COASTAL MANAGEMENT ELEMENT 26 Beach Nourishment Project 26 Access to Intracoastal Waterway 27 Policy A-1.5 Beach Access Study 28 Policy C-6.1 Veterans Park 28 Policy C-6.2 Boardwalk under Atlantic Avenue Bridge 28 Policy C-6.5 Marinas and Mooring along Intracoastal 30 FUTURE LAND USE ELEMENT 30 Undeveloped Residential Land 30 Figure L-4 Map of Residential Land 32 Table L-3 Ongoing Developments 33 Table L-4 Available Land 34 Policy A-5.6 Requirements re "Findings of Consistency" 34 Policy A-5.12 Old School Square Historic Arts District 35 Policy A-5.15 Light Industrial Zone District 35 Policy B-I.1 Southwest Fire Station and Park Needs 35 Policy B-1.2 Rezoning in Wellfield 20 36 Policy B-1.3 Acquisition of Western Wellfield Rights 36 Policy B-1.4 Dedication of Rights-of-Way and Easements for Facility Needs 36 Policy B-2.3 Certification of Concurrency 37 Policy B-3.3b Coordination with County re Land Use 37 Policy C-2.7 Silver Terrace Redevelopment Area 38 Policy C-3.5 Government Complex 38 Policy C-3.6 Tennis Center 39 Policy C-4.8 Pineapple Grove Neighborhood Plan 40 Policy D-2.4 Spady Entry 40 Policy D-2.6 Carver Task Force 41 Policy D-3.4 S.W. 10th Street Improvements 41 Policy D-3.5 School Funding Commitment 41 Table L-6 Land Use Designation/Zoning Matrix PAGE 44 CAPITAL IMPROVEMENT ELEMENT 44 Public Education and Health Systems 45 Controllable Revenue Sources 46 Enterprise Funds 46 Policy A-2.3 Capital Equipment Set-Aside 47 Policy A-2.3a Facility Repair and Maintenance Set- Aside 47 Policy A-2.3b Facility Replacement Set-Aside 47 Policy A-2.4 Capital Budget Set-Asides 50 INTERGOVERNMENTAL COORDINATION ELEMENT 50 City/County Joint Participation 51 REQUIREMENTS FOR CAPITAL IMPROVEMENT IMPLEMENTATION 51 S.E./S.W. 10th Street Improvement 51 Table IV-3 Five Year Capital Improvement Schedule SUPPORT DOCUMENTS APPENDIX 1 Water Supply and Wellfield Protection 2 Light Industrial Zone District 3 Beach Access Study for the Municipal Beach 4 Municipal Cemetery Improvements 5 Compliance with Americans with Disabilities Act 6 George Bush Boulevard and Palm Trail Improvement Program 7 Pompey Park Pool Replacement 8 Potential for a Boardwalk Under the Atlantic Avenue Bridge 9 Old School Square Historic Arts District Amendments 10 Request for City Review of County Applications 11 School Site "S" Participation 12 S.W. 10th Avenue Extension Project 13 Golf Course Clubhouse Replacement T ~ \Advanced\TableC STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2 7 4 0 C E N T.E R V I E W D R I V E · T A L L A H A S S E E , F L O R I D A 3 2 3 9 9 · 2 I 0 0 LAWTON CHILES LINDA LO. MIS SHELLEY Governor ~ecr~tary The Honorable Thomas E. Lynch JUL 2~ 199~ ~ Mayor of Delray Beach p~ANN~N~ city of Delray Beach &?^NIN~~u 100 Northwest First Avenue Delray Beach, Florida 33444 Dear Mayor Lynch: The Department has completed its review of the proposed Comprehensive Plan Amendment (DCA No. 93-1) for the City of Delray Beach which was submitted on March 26, 1993. Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for their review and their comments are enclosed. The Department has reviewed the proposed amendment for consistency with Rule 9J-5, Florida Administrative Code, Chapter. 163, Part II, Florida Statutes, and the adopted City of Delray Beach Comprehensive Plan· The Department raises two objections to the proposed amendment, and this letter serves as the Depart- ment's Objections, Recommendations and Comments Report. The Department supports the City's desire to plan for expected annexation areas~ however, the Department has noted a technical concern with Policy B-3.3b. The last sentence of Policy B-3.3b is to exempt annexed properties from the compre- hensive plan amendment process.. This provision would allow the City's plan to be self-amending at the time the parcel of land is annexed, without the requisite public hearings and Department review which is inconsistent with Rules 9J-5.004, 9J-5.005(2)(a), 9J-5.005(6), and 9J-5.005(8), F.A.C., Sections 163.3184 and 163.3187, F.S. The Department recommends that the last sentence of Policy. B-3.3b be stricken from the policy. EMERGENCY MANAGEMENT · HOUSING AND COMMUNITY DEVELOPMENT · RESOURCE PLANNING AND MANAGEMENT The Honorable Thomas E. Lynch July 16, 1993 Page Two The Department advises the City, that if it wishes to change the use of land for an annexed parcel, a plan amendment must be submitted to adopt a new land use designation. The City's Future Land Use Map must be also be amended to reflect changes to the City's jurisdictional boundaries from annexations. However, if the City wishes to establish an agreement with the County to exercise joint power over lands which the City anticipates it will annex, an agreement should be developed with the County consistent with the joint-exercise of power contemplated by Sections 163.01 and 163.3171, F.S. The Department has also noted that the City proposes to delete from Policy B-3.1 its commitment to reduce water consump- tion by 10%. This deletion will remove the measurable standard from the Policy. This deletion is inconsistent with Rules 9J- 5.003(68), 9J-5.005(6), and 9J-5.013(3)(c)1., F.A.C. The City should continue to include a specific measurable standard in the policy which can be used to evaluate how well the City has met its commitment to reduce water consumption. This letter and the enclosed external agency comments are being issued pursuant to Rule 9J-11.010, Florida Administrative Code. Upon receipt of this letter, the City of Delray Beach has 60 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendments. The process for adoption of local comprehensive plan amendments is outlined in s.163.3184, Florida Statutes, and Rule 9J-11.011, Florida Admini- strative Code. Within ten working days of the date of adoption, the City of Delray Beach must submit the following to the Department: Five copies of the adopted comprehensive plan amendment; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The Honorable Thomas E. Lynch July 16, 1993 Page Three The above amendments and documentation are required for the Department to conduct the compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to the provisions of Chapter 92- 129, Laws of Florida, please provide a copy of the adopted amend- ment directly to the Executive Director of the Treasure Coast Regional Planning Council. The Environmental Land Management Study (ELMS) II legisla- tion became effective on July 1,1993 and has changed how local governments transmit amendments; how amendments are processed and reviewed; and when amendments become effective. Rule 9J-11, F.A.C. which is the procedural rule to help guide the process, has not been formally adopted, however, the Department will ger~erally follow the procedures outlined in the draft rule. A copy of the proposed changes to 9J-11, F.A.C. is enclosed for your review. If you have any questions, please contact Maria Abada1, Plan Review Administrator, Suzanne Bellamy Woodcock, Planning Manager, or David Dahlstrom, Planner IV, at (904) 487-4545. Sincerely, Robert Permock, Chief Bureau of Local Planning RP/ddw Enclosures: Objections, Reco~endations and Comments Report Review Agency Co~ents cc: David Kovacs, Director of Planning Daniel M. Cary, Executive Director, Treasure Coast Regional Planning Council PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: DAVID J. KOVACS, DIRECTOR DATE: JULY 22, 1993 SUBJECT: COMPREHENSIVE PLAN AMENDMENT 93-1 - ORC REPORT On July 21, we received the report of Objections, Recommendations, and Comments from Florida Department of Community Affairs (DCA) for Plan Amendment 93-1. DCA raised only two minor objections to the Amendment. Other review agencies had no objections and no adverse comments. The objections raised by DCA were specific in nature and referenced specific policies. I believe that we can make changes to the policies to overcome DCA's objections without compromising the intent of our amendment. Analysis of the objections and recommended solutions follow. Future Land Use Element~ Policy B-3.3b Policy B-3.3b Upon execution of such an agreement, the County shall amend its zoning code to providet at a minimumt for pre-application review and comment, by the City, of County development applications. However~ it is the intent of this effort to effect a transfer of power to the City for land use, zoning, building, and code enforcement functions. ~ Finally, upon execution of such an agreement, property may annex to the City and development may proceed without the necessity of amendment to the City's Comprehensive Plan._ ~~ ~M~ ~M~ ~ff~~M~ DCA objects to the proposed change in this policy and states that, as written, the proposed policy would make the City's Comprehensive Plan self-amending at the time a parcel of land is annexed. This concerns DCA since it may side step the public hearing and review process. DCA recommends that we strike the last sentence of the proposed policy. The City, in proposing a change to the policy, did not intend to eliminate the review process for annexed property. It was our intent to simplify the process by making the County and City Land Use Plans identical in the City's Planning and Service Area. To accomplish this, the County Comprehensive Plan would be amended ~ith the benefit of public hearings and DCA review. David J. Kovacs Comprehensive Plan Amendment 93-1 - ORC Report Page 2 In.reviewing the proposed policy in light of DCA's concerns, it does appear that_ the intent of the policy as written could be misconstrued. Since the transmittal of Plan Amendment 93-1, further revisions to Policy B-3.3b have been proposed in Amendment' 93-2 (copy attached). The policy as proposed in 93-2 should eliminate DCA's objections. Therefore, I recommended that we withdraw the proposed revision to Policy B-3.3b contained in Plan Amendment 93-1. Public Facilities Element - Policy B-3.1 Policy B-3.1 W~ ~f ~Md ¢~d~d~d ~ Z~d ~d~X The City shall maintain its program of responsible consumption of water (per capita basis) ~d~d~dd ~ ~ through continued implementation of the following techniques and programs: (Also see Objective A-4 of the Conservation Element). d~X~t~d~ ~f ~ ~ffd~d~Z~Z maintaining its water rate structure which sets a higher uniform ~d rate for d ~X~d~ consumption and decreases customer capacity charqes in order to promote reductions in water consumption ~¢~d~Z~ ~d ~d ~d as well as establishment of conservation surcharges~ based on South Florida Water Management District formulae~ and keyed to various levels of drought alert; · mandatory use of wells for irrigation purposes where conditions permit [LDR Section 7.7]; · enhanced enforcement of water use laws; · requirements for xeriscape landscaping alternatives to be considered for all new development during the review of site and development plans [LDR Section 4.6.16 (E)]; and · continuation of the regular preventive maintenance program for water mains, pumps and meters (see related Policy C-4.3) DCA raised an objection to only one portion of this proposed change; the elimination of the specific target to reduce water consumption by 10%. Rule 9J-5 requires that such policies contain measurable targets. David J. Kovacs Comprehensive Plan Amendment 93-1 - ORC Report Page 3 While I could not verify all of DCA's references to sections of 9J-5 (I think there was a typo), I do agree that we went too far by eliminating the target. To overcome the objection, I recommend that the policy be further changed as shown below. In addition,' the City should perform a detailed analysis of water consumption in the Evaluation and Appraisal Report, if not sooner. That analysis should address the need for further reduction in water consumption and, if needed, project new targets for reduction. Based on such an analysis, appropriate policy changes can be proposed. Policy B-3.1 W~g~ ~ ~ Z~X~W~ ~g~ ~f g~ ¢~~~ P~ g~ ~XZ The City shall maintain its program of responsible consumption of water (per capita basis) and shall decrease the overall per capita consumption of water by 10% from 1989 levels ~XX ~ ~~ ~ ~ through continued implementation of the following techniques and programs: (Also see Objective A-4 of the Conservation Element). I have discussed these recommendations in general with David Dahlstrom at DCA, who finds them acceptable. Please give me your comments. T: \advanced\ORCl. DOC Policy 8-2.3 As a part of the City's Concurrency .' ' Management System, p~rlor to issuance of any certificate of occupancy, the Chief Building Official or a designee shall certify that concurrency is achieved. T~Z~ ~ZfZ¢~Z~ 6f ~~l [LDR Section 2.4.6(c)] Comment: This requirement has been formally included in the Land Development Regulations. However, it should remain as a maintenance policy. The appropriate reference to the LDRs is provided. 13. Location: Pg. III-G-25, Policy B-3.3b Policy B-3.3b Upon execution of such an agreement, the County shall amend its zoning code to provide for pre-application review and comment, by the City, of County development applications. Also, upon execution of such an agreement, property may annex to the City and developmen~ may proceed without the necessity of amendment to the City's Comprehensive Plan provided that the development is deemed consistent with it. Change: REVISION , _/~_._ Policy B-3.3b Upon execution of such an 3.~~-'~.~g agreement, the County shall amend its zoning code ~ /~' _ ~/.~ ~ provide, at a minimum~ for- pre-application .J~ ~ l/r~ ~,~/r~view and comment, by the City, of County · ~.,.~ v ~ .~--~! development applications. However, it is the .~ /~/ ~ ~f'°~. ~" / intent of this effort to effect a transfer of L~-~-~/~ P]~ power to the City for land use, zoning, building, ~ ../ '~ .~,~ ' and code enforcement functions. ~Z~ Finally, ,~.~ ..~ ~ ~l- upon execution of such an agreement, property may ~ ~ annex to the City and development may proceed ~/~,,-'/'~.~,,.,~ without the necessity of amendment to the City's ~,~ ~ Comprehensive Plan. ~d~d Z~Z Z~ Comment: Policy B-3.3b is up-dated to reflect the current status, of this project. Please refer to Support Document # 10 which includes the letter to the County requesting the delegation of authority. 14. Location: Pg. III-G-30, Policy C-2.7 Policy C-2.7 The following pertains to the redevelopment of the Silver Terrace Area: This area involves the old Silver Terrace Subdivision which is zoned RH and contains some mixed use .... 37 O continue to be pursued, the lead agency shall be the Environmental Services Department working in conjunction with the City Attorney. funding shall be from water and sewer connection fees. Change: DELETION Comment: Acquisition of rights has occurred through · execution of an lnterlocal agreement with Palm Beach County. Also, see FLUE Policy B-1.3. See support document # 1 (Water Supply and Wellfield Protection). 9. Location: Pg. III-B-26, Policy B-3.1 Policy B-3.1 Within one year following adoption of the Comprehensive Plan, the overall City consumption of water (per capita basis) shall be decreased by 10% through implementation of the following techniques and programs: (Also see Objective A-4 of the Conservation Element). · establishment of'a differential water rate which sets a base rate for a given consumption and an increasing rate for increments above the base; · .....'~ · mandatory use of wells for irrigation "~:/ purposes where conditions permit; · enhanced enforcement of water use laws; · requirements for xeriscape landscaping alternatives to be considered for all new development during the review of site and development plans; and · continuation of the regular preventive maintenance program for water mains, pumps and meters (see related Policy C-4.3) Change: REVISION d~ ~X~ ¢~~[~ ~Z~l Z~ ~ZZ The City shall maintain its proqram of responsible :~.~{~V=~_~- consumption of water (per capita basis) ~ZZ ~ . .~,~¢~~ ~ lff~ through continued implementation · '~"'*~*~"~-'""-/-~-'7'"~"~./-'Of the following techniques and programs: CAl,o ~/u~/~,..,_,,~F?~/-.~.,,~~-s~e Objective A-4 of the Conservation Element). · ~Z~Z~~g ~f ~ dXff~gX~Z~ maintainlnq .-~ its water rate structure which sets a higher ;*'""'"':<~. uniform ~ rate 'for ~ ~X~ consumption and decreases customer capacity charqes in order to promote reductions in water consumpt£on ~ ~~ ~ f~ ~m~ ~ Z~ ~ as well as establishment of conservation surcharges, based on South Florida Water Manaqement District formulaet and keyed to various levels of drought alert; · , mandatory use of wells - for irrigation purposes where conditions permit [LDR Section 7.7]; · enhanced enforcement of water use laws; · requirements for xeriscape landscaping alternatives to be considered for all new development during the review of site and development plans [LDR Section 4.6.16 (E)]; and · continuation of the regular preventive maintenance program for water mains, pumps and meters (see related Policy C-4.3) Comment: As part of the budget process, the City adopted new rates for water and sewer. These rates promote water conservation by shifting some of the "fixed" costs into consumption cost, resulting in significantly higher costs for higher consumption and, effectively, differential rates, based on consumption. In addition, the City is completing a conservation plan for water use in concert with South Florida Water Management District (SFWMD). This plan will include conservation surcharges based on SFWMD formulae which will take effect at various levels of drought alert as declared by SFWMD. The overall goal to reduce water consumption is being met, in-part, through the above activities and, in-part, through other conservation measures. While still short of the goal of 10% reduction, per capita consumption has been reduced. The per capita consumption at the time of Plan adoption (November, 1989) was 196 g/p/d. In January, 1993, the consumption was 190 g/p/d. A reduction of 3.1% has been achieved. The other requirements have been formally adopted in the City's Land Development Regulations. 10. Location: Pg. III-B-27, Policy B-4.2 Policy B-4.2 Expansion of the land area covered under the Palm Beach County Wellfield Protection Ordinance shall be accomplished through the 3. Location: Pg. III-G-25, Policy B-3.2 Policy B-3.2 Facilities shall be provided to u-nincorporated areas, upon demand, in a manner consistent with policies of the City. The provision of water facilities shall be accompanied by an agreement to voluntarily annex upon eligibility unless the property is already eligible in which case, annexation shall precede the provision of services. Change: REVISION Policy B-3.2 Water and sewer F~acllities shall be provided to unincorporated areas by the City, upon demand, in a manner consistent with policies of the City. The provision of water facilities shall be accompanied by an agreement to voluntarily annex upon eligibility unless the property is already eligible in which case annexation shall precede the provision of services. Comment: See Support Document #2 (Planning Area Jurisdiction). 4. Location: Pg. III-G-25, Policy B-3.3a Policy B-3.3a The City has petitioned Palm Beach County for establishment of an intergovernmental agreement through which the City's Future Land Use Map will be the Official Land Use Map for unincorporated land within the City's Planning Area. Change: REVISION Policy B-3.3a The City has petitioned Palm Beach County to make chanqes to its Future Land Use Map (FLUM) in order for there to be consistency between City and County FLUM desiqnations within the Delray Beach Planning and Service Area.f~ Once consistency is achleved~ the City shall petition for an lnterlocal aqreement wherein provisions shall be made that the City's FLUM designation shall be in effect immediately upon annexation of a specific parcel. Comment: See Support Document #2 (Planning Area Jurisdiction). ~age 5 5. Location: Pg. III-G-25, Policy B-3.3b Policy B-3.3b Upon execution of such an agreement, the County shall amend its zoning code to provide, at a minimum, for pre-application review and comment, by the City, of County devel6pment applications. However, it is the intent of this effort to effect a transfer of power to the City for land use, zoning, building, and code enforcement functions. Finally, upon execution of such an agreement, property may annex to the City and development may proceed without the necessity of amendment to the City's Comprehensive Plan. Change: REVISION Policy B-3.3b Ct~g~fi~l~ ~t~fil For purposes og lmplem~ntinq Policy B-3.3at the Future Land Use Map desiqnations as initially contained on the City's Future Land Use Map upon adoption in Novembert 1989t (and as formally amended subsequently) are hereby deemed to be the Future Land Use Map desiqnations for the territory subject to provisions of the lnterlocal aqreement. 6. Location: Pg. III-G-26, Policy B-3.4 Policy B-3.4 The City shall during FY 92/93, if not sooner, through its Department of Planning and Zoning implement the following program for the annexation of eligible properties: · preparation of an "urban services annexation report" as required by Annexation Stat'utes for each of the nine designated annexation areas.; · identification of each parcel which is obligated to annexation through a water service (annexation) agreement; · contact with each owner of other parcels within the annexation area to see if they will voluntarily participate in the proposed annexation; ~ ~o ~ o ooo~ oo ~ o--o o ~ .,~ . ~ o o o o o o o o o o o ~ o o!~ ~ . oo::o o~18~,~o:o o o o o o o o o o o o o o oi~~~ooooOOOO o,~. oo!!o o ~88oooooooooo, 0000 0 0000 0 00~00~ oooooo ooooo ~Z~ O ~ ~ Z ~ ~ ~ 0 ~ < ~ ~ Z ~ o o o o o o o o ~ o ~ ~ q ~:~ o o o o ~ o o o o o i: o oooooooooo?~oo~o, oooooooooo~,~oooooooooooo ooooooooooo~o oooo~o oooooooooo~§ oooooooooooio: i °° °8 ° i8 °°°° ~ oo o o oooo oo ~ ~ o ~ O0 -- 0 ~0 ~00~ o oooooooooo oooooooooooo 000000000000 O0 ~ O0 0 O0 0000 00 0 0 ~i:~ 0000 . q qqq~qq qq . . 0 . > ~ ~o ~ __ ~ g~- ~ ~ ~ ~ ooooooooo~1~ oooooooooooooo'~o ~ oo 0 0 000 0 0 o oooo~ oooooooooooooolo oo ~§oooooooo'o 0 O0 i ~o oooo~ ooooooooooooooio °°°°°°°°°l ~ 8o ooooo ooooooo o ooo~ o~=~_.~ ~ <~ ~0°°~ <~<~-<~=~< . Oo MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # /~ ~ - MEETING OF AUGUST 24, 1993 QRDINANCE NO. 52-93 DATE: August 20, 1993 This is the first reading of an ordinance adopting Comprehensive Plan Amendment 93-1. Generally, the first amendment of each year focuses upon updating the work program in the Comprehensive Plan; making adjustments to the Capital Improvement Program; status of various objectives and policies; corrections; and general housekeeping. Amendment 93-1 proposes changes to 53 objectives and policies, modifies support material and tables in 19 locations, and updates the Five Year Schedule of Capital Improvements. There were two objections raised by DCA. Both are relatively insignificant and are addressed in "Comprehensive Plan Amendment 93-1 ORC Report", attached as backup material for this item. The Planning and Zoning Board at their August 16th meeting recommended approval subject to conditions which are included in the staff report for this item. Recommend approval of Ordinance No. 52-93 on first reading. If passed public hearing September 14th. PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: GENERAL INFORMATION FROM. 'uav~u J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING DATE: AUGUST 24, 1993 SUBJECT: R/T ZONING AND CONSISTENCY WITH THE "TRANSITIONAL" LAND USE DESIGNATION The following information is provided in response to inquiries about the potential for making the Resort/Tourism (R/T) Zone District deemed consistent with the Future Land Use Map designation of "Transitional". Situation: A request was made to consider a change to the Zone District / Land Use Designation Matrix (within the Future Land Use Element of the Comprehensive Plan), which would make the R/T District consistent with the Transitional land use designation. This request was considered by the Planning and Zoning Board, as an additional item along with its review of the ORC Report associated with Plan Amendment 93-1. The following information was provided on page 6 of the Board's staff report for Amendment 93-1 (meeting of August 16, 1993). ADDITIONAL ITEMS NOT PREVIOUSLY CONSIDERED On page 43 of the proposed Amendment 93-1 certain changes were made to Table L-6 which is the consistency matrix between Future Land Use Map Designations and the Zoning Districts. The additional change is to provide for consistency of the Resort/Tourism (R/T) Zone District to the Transitional Land Use Map Designation. This addition is made based upon the realization that the general intensity of allowable uses in the R/T District is comparable to the NC, POD, and POC zone districts which are deemed consistent with the Transitional designation. Planninq and Zoninq Board Consideration: The Board, on a 4-1 vote (Currte and Felner absent), did not support inclusion of this additional item, at this point in time. There was a consensus that the item could be considered in Amendment 94-1. See the next sections of this memorandum for pro and con arguments. General Information R/T Zoning adn Consistency with the "Transitional" Land Use Designation Page 2 Arguments in Support of the Chanqe: The first supportive argument is based on the assumed merit of the request i.e. that the intensity of allowable uses is consistent with several other zone districts~ which are deemed consistent with the Transitional designation. These include RM, POC, POD, NC, and CF (RO and OS zone districts are also consistent with the Transitional designation). The second supportive argument deals with the pragmatic aspects of the request. Presently there is only one application of the R/T District on the zoning map. Any further applications would required a rezoning action. Thus, a public hearing review with full findings by the Planning and Zoning Board and final action by the City Commission must precede application of the R/T District upon land with a Transitional designation. If a request for R/T zoning (on land with a Transitional designation) were to come before the City at the present time, it would need to be accompanied by a Land Use Map Amendment to Commercial. While a "small scale" amendment could be processed for a project of less than ten acres, a larger scale project would need to be included in one of our two annual amendments; thus, a significant time imposition. Also, while the City may be receptive to the R/T zoning, it may not be receptive to the underlying Land Use Map designation of Commercial; thus, the small scale amendment procedure would probably be an unrealistic approach. The problems of timing and processing can be avoided by accommodating the addition to Amendment 93-1, without loss of the City's ability to control resulting situations. Argument in Support of the Board's position: The prevailing argument of the Board was that the item has been brought forward with no prior discussion and analysis; and, that such a consideration is inappropriate. The Board felt it appropriate that each location of Transitional Land Use be reviewed for the implications of potential R/T zoning. Further, it was felt that any significant project which may come up would be able to adjust to a normal plan amendment review cycle, which would accommodate both the change to the matrix and the specific proposal. (The schedule for Amendment 94-1 is roughly: Initiation in February, 1994; Transmittal in April; Adoption in September). DJK/RTAMEND if~c~c~ C~ H~ ~ U.W. IgA~ P.~, ~ ~ Fr~, ~ ~1~. All ifl~ ~ ~ Publlshod D~lly Monday ~hrough Sunday AN OROINANCE OF THE CITY C~ Boca Baton. Palm Beach County. Florida ~,ss,~ OF THE C,TV 0~ BEACH, ~LO~IDA, nEZONING AND Delray Beach, Palm Beach Countyt Florida P~CING ~ND PRESENTLY ZONED R~ ~EDIU~ DENSITY RE$1~NT~AL) D~STRICT IN THE PRD (P~NNED RESIDENTIAL DE' VELOPMENT] DISTRICT; SAID ANO A ~RTION OF THE P~T OF COUNTY OF PALM BEACH ~ DEL BEY, PeT II A, ~RE PARTICU~RLY DE- SCRIBED HEREIN; AND ~EN~ Before tho undersigned authority personally ..'No ~0.,~.~cH. ~0.,o..°'s*"c' ~P,,.; ... appoa~od Mlchello Bernzwoig. Marketing ~,o,~ . 0E.~.~[ AN EFFECTrVE DATE. Ge~vloe8 ~snsger of The ~ews, d~lly news- papers published In Boca Baton In Palm Beach County, Florida; that the attached ~.~,~ ~ ..E C,~ o~ 8EACH, PLOR~DA, copy of advertisement was published In said .,0~.c"~"sEc*,~" ~0.,~,..~. ~E..~ newspapers In the issues of: .us,.. ,c., ~,s,.,c~, VELO~ENT R~U~T~ ~ THE CITY ~ DELRAY ~ TAB~I~EIT5 OR FACILITIES -' FOR VEHICLE~ AS A CONOITI~ AL USE W~HIN THE ZONE TRI~, SU~ECT TO A L~TIO~ kL RESTRICTed; PR~Ot~ ~VI~ C~USE, A GE~L ~~ PEALER C~U~, AND ~ EFFEC- TIVE ~TE. AN ORDINAN~ ~ ~ CITY C~ Affiant further says that The News i8 a newspaper published In Boca Baton, In said ...~,. ~. Palm Beach County, Florida, Mgnday s~. ~ ~ m~ AND ~ND through Sunday. and has been entered as .Eou~,,~ A~, ~,~ socond class margot at tho post of rico in Boca Baton. Palm Beach County. Florida, sc.,~, m EXHlelT '~ for a period of one year next preceding the ~lffill* G~ AND ~O' N~IN BY IEFERE~ first publication of the attached copy of ~A ~v,~ c~ advertisement; and affiant further says that ho h88 noigho~ p~ld no~ promtsod ~ny person, firm or corporation any discount, ~,~ ~'~'~ ..~'c,~c'~[~.~ rob~to, commission o~ ~ofunO for tho put- ~~,~,~ ~ VI~ ~ THE ~l~l pose of securing this advertisement for pub- ..~, ..~.~ A AL REP~ C~SL A ~VlN licatlon in said newspapers. ,~u~ AND ~ EFFEGIVL AN ~DI~ ~ THE CI~ ~ C~ ~ ~DI~KES ~ ~E Sworn to and subscribed before me this m,~, ~E~. (m,, n ~ day of , A.D.. 19 ..,~. su.~.,~ (~ ~ '"Y(Seal' Notary Publlc,,~,.m~e of Florida at large, I '--" ~-' ~