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Ord 20-03ORDINANCE NO. 20-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2003-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ~AIJ. AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2003-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECI'IVE DATE. WHEREAS, the City of De[ray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, indusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entided "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2003-2; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on July 21, 2003, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulataon 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 2003-2 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2003-2 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearin~ on Comprehensive Plan Amendment 2003-2 was held by the City Commission on August 5, 2003, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2003-2 was found to be in compliance by the Florida Depa/la,,ent of Community Affairs and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEILEAS, following due public notice, the second of two required public heatings on Comprehensive Plan Amendment 2003-2 was held on January 6, 2004, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DEL1LAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2003- 2, which is attached hereto as Exhibit "A' and incorporated here'm by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2003-2. Section 4. That should any section or provision of this ordinance ox any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Depattt,,ent of Community Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 2 ORD. NO. 20-03 PASSEI~AND_ ..A.DOPTED in regular session on second and final reading on this the day of~ ~ 2004. AT firST Second Readin~~ 3 ORD. NO. 20-03 TO: FROM: SUBJECT: DAVID T~, C~.AGER PAUL DORLING, DIRECTO/~?F PLANNING AND ZONING (/ MEETING OF JANUARY 6,~2004 ** PUBLIC HEARING ** ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 2003-2 Comprehensive Plan Amendment 2003-2 was approved on first reading on August 5, 2003 and transmitted to the Florida Department of Community Affairs (DCA) for review. The amendment included the Wallace Drive Redevelopment Plan, two (2) City initiated Future Land Use Map amendments, one (1) privately initiated Future Land Use Map amendment, and two (2) minor text changes. A brief description of each item included in the Plan Amendment is attached. DCA staff reviewed the amendment and issued their Objections, Recommendations, and Comments (ORC) Report on October 10, 2003. The attached Planning and Zoning Board staff report contains a description of each of the objections and the recommended responses. In summary, the objections involved the need for additional data and analysis to support the Future Land Use Map changes proposed within the Southwest Neighborhood Area Redevelopment Plan and the Wallace Drive Redevelopment Plan. Although the Planning & Zoning Board Staff reports supporting the FLUM amendments did contain an analysis for Concurrency and the Planning & Zoning Board made the necessary findings, a more detailed analysis has been prepared for State review. The Planning and Zoning Board considered the ORC report and the recommended response at its December 15, 2003 meeting. The Planning and Zoning Board voted 4-0 (Chairman Sowards abstained; Pike and Krall absent) to recommend adoption of Comprehensive Plan Amendment 2003-2. By motion, approve on second reading, Ordinance No. 20-03, adopting Comprehensive Plan Amendment 2003-2, based on positive findings that it supports and furthers the Goals, Objectives and Policies of the Comprehensive Plan, and transmit the adopted amendment with the additional information in response to the ORC report to the Florida Department of Community Affairs. Attachments: · Summaryof Comp Plan Amendment 2003-2 · Ordinance 20-03 · Objections, Comments and Recommendations (ORC) Report · P & Z Board Staff Report (Response to ORC Report) · Comprehensive Plan Amendment 2003-2 s:\planning & zoning\boards\city commission~2003-2 cc orc report.doc ORDINANCE NO. 20-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2003-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSWE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; Al J, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2003-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2003-2; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on July 21, 2003, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public heating, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2003-2 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2003-2 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 2003-2 was held by the City Commission on August 5, 2003, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2003-2 was found to be in compliance by the Florida Department of Community Affairs and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2003-2 was held on January 6, 2004, 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 Dekay 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 entided "Comprehensive Plan Amendment 2003- 2, 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 2003-2. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 2 ORD. NO. 20-03 PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2004. ATI'EST MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 20-03 WALLACE DRIVE INDUSTRIAL AREA REDEVELOPMENT PLAN The Wallace Drive Industrial Area is currently designated as Redevelopment Area #2. A redevelopment Plan for the area is required pursuant to Comprehensive Plan Future Land Use Element Policy C-2.3. The area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. TEXT AMENDMENTS: · Modification of Future Land Use Element Policy C-2.3 to Reflect Adoption of a Redevelopment Plan for Redevelopment Area #2 (Wallace Drive Industrial Area). · Creation of Future Land Use Element Policy C-1.7 to Reflect Completion of a Neighborhood Redevelopment Plan for the Southwest Area. PRIVATELY INITIATED FUTURE LAND USE MAP AMENDMENT: Future Land Use Map Amendment for a 0.509 acre portion of Delray Harbor Club condominium development from TRN (Transitional) in part, and OS-C (Open Space- Conservation) in part, to MD (Medium Density Residential 5-12 du/ac), located on the east side of US Highway No 1, approximately 650 feet south of SE 10th Street. CITY INITIATED FUTURE LAND USE MAP AMENDMENTS: Future Land Use Map amendment for the Wallace Drive Redevelopment Area from RDA-2 (Redevelopment Area # 2) to CMR (Commerce) in part, IND (Industrial) in part, and CF-C (Community Facilities-Churches) in part, pursuant to the Wallace Drive Redevelopment Plan. Future Land Use Map Amendment from MD (Medium Density Residential 5-12 du/ac) to GC (General Commercial) for the following areas pursuant to the Adopted Southwest Area Neighborhood Redevelopment Plan: i) South of West Atlantic Avenue (and north of SW 1st Street), between SW 8th Avenue and SW 12th Avenue; ii) East and West sides of SW 5th Avenue, South of SW 1st Street; and, iii) Northwest Corner of SW 1st Street and SW 4th Avenue. JEB BUSH Governor STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home' COLLEEN CASTILLE S~cretary October lO, 2003 "1~c Honorable Jeff Perlman, Mayor City of Delmy Beach 100 N.W. First Avenue Delray Beach, Florida 33444 Dear Mayor Perlman: The Department has completed its review of the proposed comprehensive plan amendment for the City of Delray Beach (DCA 03-2), received on August 13, 2003. Based on Chapter 163, Florida Statutes, we prepared the attached Objections Recommendations and Comments Report (ORC), outlining our findings regarding the amendment. While the Department supports the City's redevelopment goals, we are concerned that the proposed land use designatiofis are not properly supported by the required data and analyses so that the full impact of the proposed development upon public facilities and transportation may be determined. It is particularly important that the City address the objections set forth in our review report so that the issues raised in the report can be resolved prior to adoption. We have also included copies of local, regional and state agency comments for your consideration. I believe the concerns outlined in our report can be resolved. We are available to work with your staff to develop an approach to assist the City in responding to our report and developing an acceptable solution. For your assistance, we have attached with the ORC Report procedures regarding the final adoption and transmittal of the comprehensive plan amendment. Please contact Ken Metcalf, Regional Planning Administrator, or Caroline Knight, Planner, at (850) 922-1773, if we may be of further assistance. Sincerely, · ector, D3~rision of commUnity Planning VJH/ck Enclosures: Objections, Recommendations and Comments Report Review Agency Comments ce: Mr. Paul Dorling, Director of Planning and Zoning, City of Delray Beach RECEIVED OCT ! 2003 PLANNING & ZONING Mr. Michael Busha, Executive Director, Treasure Coast Regional Planning Council 2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, fLORIDA 32399-2100 Phone: (850) 488-8466/$uncom 278-8~66 FAX: (850) 921*0781/Suncom 291-078! Internet address: http://www,dca.state.fl.us CRmCAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas Highway, Suite 2] 2 2555 Shurnarci Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon. FL 33050-2227 Tallahassee. FL 32399-2100 Tarlahassee, FL 32399-2100 . Tallahassee, FL 32399.2100 (~O5) 289-2402 (850) 485-2356 (850) 413-9969 (850) 488.7956 DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIoNs AND CoMMENTs REPORT FOR THE CITY OF DELRAY BEACH AMENDMENT 03-2 October 10, 2003 DiviSi°n of commUniiy planning Office of Comprehensive Planning This report is prepared pursuant to Rule 9J-11.010, F.A.C. INTRODUCTION The following objeCtiOns, recommendatiOns and comments are based upOn the Department's review of the City of Delray Beach proposed Comprehensive Plan Amendment (DCA 03-2) pursuant to Section 163.3184, F.S. Objections relate to specific reqtfirements of relevant portions of Chapter 9J-5, F.A.C., and Chapter 163, Part II, F.S. Each objection includes a recommendation of one approach that might be taken to address the cited objection. Other approaches may he more suitable in specific situations. Some of these objections may have been raised initially by one of the other external review agencies. If there is a difference between the Department's objection and the external agency advisory objection or comment, the Department's objection would take precedence. The City of Dekay Beach should address each of these objections when the amendment is resubmitted for our compliance review. Objections which are not addressed may result in a determination that the amendment is not in compliance. The Department may have raised an objection regarding missing data and analysis, items which the City of Delray Beach considers not to be applicable to its amendment. If that is the case, a statement justifying its non-applicability pursuant to Rule 9J-5.002(2), F.A.C., must be submitted. The Department will make a determination as to the non-applicability of the requirement, and if the justification is sufficient, the objection will be considered addressed. The comments which follow the objections and recommendations are advisory in nature. Comments will not form a basis for determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies, other agencies, organizations and individuals. These comments are advisory to the Department and may not form a basis for Departmental objections unless they appear under the "Objections" heading in this report. OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT PROPOSED COMPREHENSIVE PLAN AMENDMENT CITY OF DELRAY BEACH (DCA 03-2) I. CONSISTENCY WITH CHAPTER 163, F.S., and RULES 9J-5 & 9J-11, F.A.C. The Department has completed its review of the proposed amendment to the City of Delmy Beach Comprehensive Plan (DCA 03-2). The amendment includes three changes to the Future Land Use Map (FLUM) and text changes to the Furore Land Use Element (FLUE). The Department has the following objections: Future Land Use Map Amendments: Wallace Drive Redevelopment Area Southwest Area Neighborhood Redevelopment Area. 1. Objection: Insufficient Data and Analysis and Internal Inconsistency. The City has not supplied sufficient data and analysis to demonstrate that adequate levels of service for public facilities will be maintained for the proposed Future Land Use Map amendments for the Wallace Drive Industrial Redevelopment Area and the Southwest Neighborhood Redevelopment Area. It is therefore difficult to determine the impacts of the proposed development upon public facilities. For example, the traffic impact of potential development upon Linton Boulevard, which is currently operating at LOS 'E' between Wallace Drive and Interstate 95, needs to be addressed. Additionally, these amendments are internally inconsistent with Delmy Beach Land Use Element Policy A. 1.7. This policy requires that FLUM amendments be supported by "...data and analysis that demonstrate compliance with these findings...Concurrency- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standard." [Rule 9J-5.005(2)(a), 9J-5.005(5)(a), 9J-5.006(3)(c)3, 9J-5.019(3)(a) and (f), F.A.C., and Section 163.3177(2)and (10)(h), F.S.] Recommendation: The City should provide data and analysis, based on the maximum allowable development intensities, for the FLUM designations to support the proposed amendments. The City should ensure that the proposed amendments are internally consistent by supplying data and analysis demonstrating that adopted levels of service will be maintained. 1. Provide data and analysis for the availability of all public facilities based upon the maximum allowable development intensities for the proposed FLUM designations. The City should then analyze those services and make a determination that sufficient capacity exists, with no lowering of an adopted LOS, to provide essential services based upon the maximum extent of potential development allowed. 2. Provide traffic analysis, based upon the most recently available data, to address the peak- hour, peak direction, roadway level of service standards, and to det=~ndne the impact of these amendments upon the Florida Intrastate Highway System. H. CONSISTENCY WITH TH~: STATE COMPREHENSIVE PLAN The City of Delray Beach's proposed Comprehensive Plan amendment does not adequately addreSs~and further the following goals and policies of the State c°mprehensive Plan Chapter 187, Florida Statutes: (16) Land Use, Goal (a) and Policy b.5. (20) TransPortation, Policy b.3, and b.9. (18) Public Facilities Goal (a), and Policy b. I. Recommendation: The City should revise the proposed amendment to be consistent with the State Comprehensive Plan (see specific objections, comments and recommendations included in this report). TRANSMITTAL PROCEDURES Upon receipt of this report, the City of Delray Beach has 60 days in which to adopt, adopt with changes, or determine not to adopt the proposed amendment. The process for adopti°n of local comprehensive plan amendments is oUtlined in Section 163.3184, F.S., and Rule 9J~l 1.011, F;A.C: Within ten working days of the date of adoption, the City must submit the following to the Department: Three 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 above amendment and documentation are required for the Department to conduct a 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 amendment, and pursuant to Rule 9J-11.011 (5), F.A.C., please provide a copy of the adopted amendment directly to Michael Busha, Executive Director of the Treasure Coast Regional Planning Council. Please be advised that the Florida Legislature amended Section 163.3184(8)(c), F.S., requiring the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (.proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by the law to furnish the names and addresses of the citizens requesting this information to the Department. Please provide these required names and addresses to the Department when you transmit your adopted amendment package for compliance review. In the event no names and addresses are provided, please supply this information as well, For efficiency, we encourage that the infommtion sheet be provided in electronic format. MEETING OF: DECEMBER 15, 2003 AGENDA ITEM: V.A - CONSIDERATION OF THE ORC (OBJECTIONS, RECOMMENDATIONS AND COMMENTS) REPORT REGARDING COMPREHENSIVE PLAN AMENDMENT 2003-2. The item before the Board is that of forwarding a recommendation to City Commission regarding the ORC report from the State Department of Community Affairs (DCA) addressing Comprehensive Plan Amendment 2003-2. Comprehensive Plan Amendment 2003-2 was transmitted to the Florida Department of Community Affairs (DCA) for review following a public hearing held by the City Commission on August 5, 2003. This meeting was also the first reading of the Adoption Ordinance (No. 20-03). The items which are included in the Plan Amendment are summarized below and include the adoption of one (1) Redevelopment Plan, one (1) Privately Initiated Future Land Use Amendment, two (2) City Initiated Future Land Use Map Amendments and two (2) City-Initiated text amendments. A full copy of the Comprehensive Plan amendment, previously approved by the Board is attached for your review. WALLACE DRIVE INDUSTRIAL AREA REDEVELOPMENT PLAN The Wallace Drive Industrial Area is currently designated as Redevelopment Area #2. A Redevelopment Plan for the area is required pursuant to Comprehensive Plan Future Land Use Element Policy C-2.3. The area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. PRIVATELY INITIATED FUTURE LAND USE MAP AMENDMENT: Future Land Use Map Amendment for a 0.509 acre portion of Delray Harbor Club condominium development from TRN (Transitional) in part, and OS-C (Open Space- Conservation) in part, to MD (Medium Density Residential 5-12 du/ac), located on the east side of US Highway No 1, approximately 650 feet south of SE 10th Street. CITY INITIATED FUTURE LAND USE MAP AMENDMENTS: · Future Land Use Map amendment for the Wallace Drive Redevelopment Area from RDA-2 (Redevelopment Area # 2) to CMR (Commerce) in part, IND (Industrial) P&Z Board Staff Report V.A. Consideration of ORC Report 2003-2 Page 2 in part, and CF-C (Community Facilities-Chumhes) in part, pursuant to the Wallace Drive Redevelopment Plan. Future Land Use Map Amendment from MD (Medium Density Residential 5-12 du/ac) to GC (General Commemial) for the following areas pursuant to the Adopted Southwest Area Neighborhood Redevelopment Plan: i) South of West Atlantic Avenue (and north of SW 1st Street), between SW 8th Avenue and SW 12th Avenue; ii) East and West sides of SW 5th Avenue, South of SW 1st Street; and, iii) Northwest Corner of SW 1st Street and SW 4th Avenue. TEXT AMENDMENTS: Future Land Use Element Modification of Future Land Use Element Policy C-2.3 to Reflect Adoption of a Redevelopment Plan for Redevelopment Area #2 (Wallace Drive Industrial Area). Creation of Future Land Use Element Policy C-1.7 to Reflect Completion of a Neighborhood Redevelopment Plan for the Southwest Area. DCA staff reviewed the amendment and issued the attached Objections, Recommendations, and Comments (ORC) Report on October 10, 2003. The ORC report contains two objections, one dealing with insufficient data and analysis to support the two City initiated FLUM amendments and the other dealing with consistency with the State Comprehensive Plan. Planning and Zoning staff has reviewed the objections and has had phone conversations with the staff of DCA to discuss the issues. The following is a description of the objections and the recommended response. ORC Objection # l- Insufficient Data and Analysis and Internal Inconsistency. The City has not supplied sufficient data and analysis to demonstrate that adequate levels of service for public facilities will be maintained for the proposed Future Land Use Map amendments for the Wallace Drive Industrial Redevelopment Area and the Southwest Neighborhood Redevelopment Area. It is therefore difficult to determine the impacts of the proposed development upon public facilities. For example, the traffic impact of the potential development upon Linton Boulevard, which is currently at LOS 'E' between Wallace Drive and Interstate 95, needs to be addressed. Additionally, these amendments are internally inconsistent with Delray Beach Land Use Element Policy A. 1.7. This policy requires that the FLUM amendments be supported by "... data and analysis that demonstrate compliance with these findings... Concurrency-Development at the highest intensity possible under the requested designation can meet the adopted concurrency standard." [Rule 9J-5.005(2)(a), 9J-5.005(5)(a), 9J-5.006(3)(c)3, 9J- 5.019(3)(a) & (f) F.A.C., and Section 163.3177(2) and (lO)(h), F.S.] P&Z Board Staff Report V.A. Consideration of ORC Report 2003-2 Page 3 Response: The Planning & Zoning Staff report did contain an analysis for Concurrency and the Board made the necessary findings. The recommended response is to provide the State with additional detail supporting the findings. FLUM Amendment for the Wallace Drive Redevelopment Area: The FLUM amendment is being made to implement recommendations contained in the Wallace Drive Redevelopment Plan, prepared pursuant to the following Comprehensive Plan Future Land Use Element Policy: Policy C-2.3: The following pertains to the Wallace Ddve Industrial Area: This area shall be primarily industrial (LI Zoning) with an emphasis on commerce uses (PCC, MIC zone districts). The City, through its water and sewer capital improvement program, shall install water and sewer mains throughout the area. Unimproved and underimproved rights-of-way shall be abandoned when it facilitates the aggregation of parcels and larger scale development provided that the right-of-way is not essential for traffic flow purposes. Support uses for the existing automobile dealership uses are encouraged. All commercial uses shall be allowed with the exception of "strip-type" development along Wallace Ddve which is not desired because of traffic conflicts along this collector street. In 1992, water and sewer mains were installed throughout the area to ensure that it would be prepared for future development. In the mid 1990's, SW 10th Avenue was extended northward to SW 10th Street and Wallace Drive was realigned to connect to SW 10th Avenue. The City acquired over 1¼ acres of land to accomplish the extension and realignment. A portion of the property, east of Wallace Drive, was excavated to provide storm water detention for the area. Even with these improvements, the recession of the early 90's hindered development in the area until the economy recovered later in the decade. The existing FLUM designation of RDA-2 was placed on the property as a temporary measure until a redevelopment plan could be completed for the area and permanent FLUM designations assigned. It is important to note that the RDA-2 designation did not prohibit development prior to completion of the redevelopment plan. Pursuant to Future Land Use Element, Policy C-2.1, "... development within the area can proceed without the implementation of a redevelopment plan on its own merits with the existing zoning and policies of the Comprehensive Plan guiding the disposition of the request.' When developers began to aggregate smaller properties in this area for redevelopment in the late 1990s, this policy required the City to evaluate projects for their consistency with what was expressed for the area in Future Land Use Element Policy C-2.3, (primarily industrial (LI Zoning) with an emphasis on commerce uses (PCC, MIC zone districts). The City approved the construction of seven new light industrial projects under this policy between 1997 and 2003, one of which, a warehouse, is currently under construction on Wallace Drive. Comprehensive Plan Amendment 2003-2 includes changes to Future Land Use Element Policy C-2.3 to acknowledge the adoption of the Redevelopment Plan for the P&Z Board Staff Report V.A. Consideration of ORC Report 2003-2 Pa§e 4 area, and to require that all future development be in compliance with the adopted plan. The amended Policy is stated as follows: Policy C-2.3: The fo/lowing pertains to the Wallace Drive Industrial Area: The Wallace Drive Redevelopment Area is bordered by SW lOth Street on the north; Mi/fred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. The area had developed under County jurisdiction into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. The Redevelopment Plan encourages the development of light industrial, limited commercial and office uses in an urban setting. The Wallace Drive Industrial Area Redevelopment Plan was adopted by City Commission on January 6, 2003. The Plan establishes proposed land use designations for the Redevelopment Area. Future development must be in accordance with the provisions of the Redevelopment Plan. Aggregation of parcels is encouraged throughout the Redevelopment Area to accommodate unified development. Since Policy C-2.3, as amended, requires all future development to be in accordance with the Redevelopment plan, the maximum development potential for properties in the redevelopment area will be the maximum allowed under the zoning designations set in the Plan. Pursuant to the redevelopment plan, 75.1% of the redevelopment area will retain its existing zoning designation with permanent FLUM designations assigned to support the zoning (see table below). This includes forty-five (45) parcels (20.39) acres that will remain MIC (Mixed Industrial & Commercial), one (1) parcel (0.68 acres)that will remain I (Industrial) and one (1) parcel (4.02 acres) that will remain CF (Community Facilities). As stated earlier, under Policy C.2.1, properties in the redevelopment area could be (re)developed under the existing zoning prior to adoption of the Redevelopment Plan and the proposed FLUM changes. This means that, until the redevelopment plan is adopted, the maximum development potential for properties in the area is the maximum allowed under the existing zoning designations. Therefore, the potential development intensity for the forty-seven (47) properties retaining their existing zoning is unaffected by the proposed FLUM designations. Table 1: Existing and Proposed FLUM and Zoning Designations Wallace Drive Redevelopment Area CMR (Commerce) MIC (Mixed Industrial MIC (Mixed Industdal & 20.39 & Commercial) Commercial) IND (Industrial) I (Industrial) I (Industrial) 0.68 CMR (Commerce) I (Industrial) MIC (Mixed Industrial & 0.67 RDA-2 Commercial) (Redevelopment Area 2) CMR (Commerce) R-I-A (Residential LI 8.52 Sin~lle-Family CF CF CF 4.02 (Community Facilities (Community Facilities) (Community Facilities) - Churches) Total Land Area 34.28 P&Z Board Staff Report V.A. Consideration of ORC Report 2003-2 Page 5 Of the thirty-eight (38) parcels that are being rezoned, thirty-six (36) parcels (8.52 acres) will be rezoned from R-1-A (Single Family Residential) to LI (Light Industrial) and two (2) parcels (0.67 acres) will be rezoned from I (Industrial) to MIC (Mixed Industrial & Commercial). Both of these zoning districts allow a limited retail component (25% of total floor area within the MIC zoning district and 10% within the LI zoning district. The rezoning from R-1-A to LI represents the major increase in potential intensity in the area, with a potential for 169,884 of Industrial development and a 16,988 sq. ft retail component. Although the rezoning of the two (2) parcels from (I) Industrial to MIC (Mixed Industrial & Commercial) will also constitute an increase in development potential due to the added 25% retail component, the overall change will be minor. The total maximum development potential is summarized in the table below. The maximum developable area of the R-1-A zoned property is 7.8 acres (8.52 acres less the SW 10th Avenue roadway extension). It should be noted that although redevelopment of the City's storm water detention areas is highly unlikely, it is not impossible. Therefore, this area has not been subtracted from the total land area and will be included in the analysis. Table 2: Existing and Proposed Maximum Development Potential Wallace Drive Redevelopment Area (parcels being rezoned) 10,970 sq. ft. Industrial (75%) RDA-2 / I 14,626 sq. ft. Industrial (100%) CMR / MIC 3,656 sq. ft. Retail (25%) (0.67 acres) (based on 50% max. building lot coverage) (.67 acres) (based on 50% max. building lot coverage) 169,884 sq. ft. Industrial (90%) RDA-2 / R-1-A 39 single family units CMR / LI 16,988 sq. ft. Retail (10%) (7.8 acres) (5 units per acre max) (7.8 acres) (based on 50% max. building lot coverage) TOTAL 14,626 sq. ft. Industrial TOTAL 180,854 sq. ft. Industrial 39 single family units 20,644 sq. ff. Retail A discussion of the impacts associated with the increase in development potential for these areas is given below. It is important to note that the future development of the Redevelopment Area for Industrial and Commerce uses has been anticipated since its annexation in 1988. Moving toward this goal, the City initiated Comprehensive Plan Future Land Use Element Policy C-2.3, calling for this type of development pattern and made substantial infrastructure improvements during the 1990s to prepare the area for future development. Water & Sewer: Water and Sewer mains were extended throughout the area in 1992 and service is available to all properties within the area. Mains were sized accordingly to handle the future redevelopment of the area for Industrial uses and the need for increased treatment capacity has been anticipated. The adopted LOS standards for the City's Water Treatment System are water usage of 195 gallons per person per day, with a raw water pumping capacity of 22.4 million gallons per day and water treatment plant capacity of 28 million gallons per day. The P&Z Board Staff Report V.A. Consideration of ORC Report 2003-2 Page 6 current estimate for demand at the city's build-out population of 75,000 is 18.3 million gallons per day. Public Facilities Element Objective C-4 states: Potable water distribution system capacity is available to all areas within the City's service area. Installation of facilities shall be programmed when the need is demonstrated. The adopted LOS standards for the City's Wastewater Treatment System are generation inflow of 160 gallons per person per day, with the treatment plant design capacity of 21 mgd average / 30 mgd peak, split equally between the City of Delray Beach and the City of Boynton Beach. The current estimate for demand at the City's build-out population of 75,000 is 9.05 mgd. Public Facilities Element Objective C-3 states: Wastewater collection system capacity is available to all areas within the City's service area. Installation of facilities shall be programmed when the need is demonstrated. Since adequate capacity is available in the City's water and wastewater systems to meet the increased demand, the proposed FLUM amendments will not impact the level of service standard for these facilities. Drainage: The adopted LOS standards for drainage is the SFWMD standard of retention of the first one inch of runoff or 2.5 inches of water storage times the percentage of impervious area. Local and City-wide drainage deficiencies are identified in the Stormwater Master Plan (Kimley-Horn, 2000). The City has programmed projects to correct the deficiencies identified in this report and achieve the Level of Service standard. Public Facilities Element Objective E-1 states: A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, shall be implemented with funding to come from the Stormwater Utility Fee. There are two City storm water detention areas located in the north half of this area, on either side of SW 10t~ Avenue. Drainage is reviewed during the site plan application process for individual projects. For the nonresidential types of development permitted under the FLUM amendment, drainage is usually accommodated on site via exfiltration trench systems and/or storm water detention areas. There are no problems anticipated with obtaining South Florida Water Management District permits within the area and the additional impacts caused by the increased impervious area will not affect the level of service. Parks & Recreation and Education (School Concurrency): Non-residential uses do not create a demand for Park & Recreation or Education services, therefore, the maximum potential impact on these facilities will decrease when the residential property is rezoned to LI (Light Industrial). P&Z Board Staff Report V.A. Consideration of ORC Report 2003-2 Page 7 Solid Waste: As shown in the following table, the FLUM amendment and rezoning will result in a maximum potential impact of 530.3 tons per year, an increase of 418.3 tons/year. The increased solid waste generated by the maximum development potential for this area can be accommodated by existing facilities. In its annual capacity letter, dated January 14, 2003, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J-5-005(4)." Based on population and waste generation rate projections, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2021. Table 3: Existing and Proposed Maximum Development Potential Solid Waste Generation Wallace Ddve Redevelopment Area 39 S. Family Homes @ 1.99 tons/year: 77.6 tons/year 180,854 sq. ft. Industrial @ 4.7 lbs/sq, ft. = 425 tons/year 14,626 sq. ft. Industrial @ 4.7 lbs/sq, ft.= 34.4 tons/year 20,644 sq. ft. Retail @ 10.2 lbs/sq, ft. = 105.3 tons/year Total Maximum Impact: 112 tons/year Total Maximum Impact: 530.3 tons/year Traffic: Table 4, below provides the PM peak hour trip generation rates for the existing and proposed maximum development potential for the area. Table 4: Trip Generation Compadson Wallace Ddve Redevelopment Area As shown in the table, the maximum potential development intensity possible with the FLUM amendments would generate an additional 225 peak hour trips. The link analysis is given in the following table: P&Z Board Staff Report V.A. Consideration of ORC Report 2003-2 Page 8 Table 5: Link Analysis Wallace Drive Redevelopment Area The table indicates that the peak hour capacity for Linton Boulevard has been exceeded, prior to inclusion of the traffic impacts generated by the proposed development. SW 10th Street is currently operating well above the maximum threshold for level of service "D' (2,770 trips). The peak hour capacity of this roadway will not be exceeded by the additional traffic generated by the projected development intensity. To put these figures in perspective, the following is noted: Although the proposed zoning districts allow a limited retail component (25% of total floor area within the MIC zoning district and 10% within the LI zoning district), the retail associated with this type of development, is unlikely to meet this threshold and is usually very specialized and involves items associated with the primary industrial use (showrooms, etc). Since this type of retail development is not included in the ITE Trip Generation Manual, higher figures associated with more generalized shopping center were used. Therefore, it is likely that the traffic associated with the specialty retail component in the industrial park setting will be much less than indicated. Thus, the potential impacts on the surrounding roadways will decrease accordingly. The City's storm water detention areas have been included in the land area use to calculate maximum development potential. It is unlikely that these areas will ever be redeveloped. These parcels, totaling 2 acres in size, have a potential for 43,560 sq. ft. of development. Eliminating these parcels from the traffic impact calculations would reduce the peak hour trip generation from 225 to 177 trips, a 21% reduction. The methodology used to calculate the maximum impacts suggests that the property will be developed as one unified development. This is not the case. Two of the properties are not contiguous and there are thirteen separate owners involved. While some aggregation is anticipated, it is likely that some of the parcels will be developed individually. Since Linton Boulevard is operating at Level of Service "E", individual projects are limited to a maximum impact of 1% on the link. While the traffic impact for the maximum development potential for the property as a whole exceeds this threshold, it is unlikely that real life individual projects will do so. All new development or redevelopment must meet traffic concurrency and comply with the Palm Beach County Traffic Performance Standards ordinance. ^ traffic study is required during the Site Plan Review process to determine if there is adequate capacity on the surrounding roadway network to accommodate new P&Z Board Staff Report V.A. Consideration of ORC Report 2003-2 Page 9 trips generated by a new development or change of use. Impact fees are assessed for each new trip generated and are collected prior to issuance of a building permit. Proposed development exceeding the thresholds will have to be reduced in intensity or its impacts will have to be mitigated. FLUM Amendment - Southwest Neighborhood Redevelopment Area The properties in question are located within the Southwest Area Neighborhood. Guidelines for redevelopment of this area are contained within the recently adopted Southwest Area Neighborhood Redevelopment Plan as well as the West Atlantic Avenue Redevelopment Plan (adopted in 1995) and Downtown Delray Beach Master Plan (adopted in 2002). Comprehensive Plan Amendment 2003-2 includes the addition of Future Land Use Element Policy C-1.7 to acknowledge the adoption of the Redevelopment Plan for the area, and to require that all future development be in compliance with the adopted plan. The Policy is stated as follows: Polic¥C-1.7: The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10~h Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The Southwest Area Neighborhood Redevelopment plan calls for mixed commercial, office and residential development south of the retail core along West Atlantic Avenue, between SW 8th Avenue and SW 12th Avenue (Northwest Quadrant). The Plan also calls for significant redevelopment of properties along SW 5th Avenue, south of SW 1st th st Street, and the area west of SW 4 Avenue, north of SW 1 Street to include neighborhood oriented retail and office uses, as well as a variety of housing types (Frog Alley area). The proposed FLUM and Zoning changes to GC (General Commercial) will accommodate mixed-use development as well as neighborhood oriented commercial development consistent with the adopted Neighborhood Redevelopment Plan. The P&Z Board Staff Report V.A. Consideration of ORC Repod 2003-2 Page 10 highest intensity possible under the requested GC FLUM designation will be mixed-use development consisting of commercial retail and residential uses at a maximum density of 30 units per acre. The maximum development potential for existing and proposed FLUM designations is summarized in the following table: Table 6: Existing and Proposed Maximum Development Potential Southwest Neighborhood Redevelopment Area ~a~s) Mixed-Use Development 133 multiple-family units MD / RM 53 multiple-family units GC / GC (30 units per acre max) (4.45 acres) (12 units per acre max) (4.45 acres) & 193,842 sq. ft. Retail (1.0 FAR) As shown in the table, the mixed-use development scenario would allow a total of 133 units (4.45 acres x 30 u/a), which represents an increased residential development potential of 80 additional units over those currently allowed under the existing MD (Medium Density 5-12 du/ac) FLUM designation (4.45 acre X 12 u/a = 53). Based on the development history in this area, the maximum development intensity for nonresidential uses in this area that can be achieved, given development standards relating to height, setbacks, parking and open space, is an FAR of 1.0. Although this FAR is unlikely, given the small size of the individual parcels involved, it would result in a maximum development potential of 193,842 square feet of retail development in addition to the residential development. A discussion of the impacts associated with the increase in development potential for these areas is given below. Water & Sewer: The adopted LOS standards for the City's Water Treatment System are water usage of 195 gallons per person per day, with a raw water pumping capacity of 22.4 million gallons per day and water treatment plant capacity of 28 million gallons per day. The current estimate for demand at the city's build-out population of 75,000 is 18.3 million gallons per day. Public Facilities Element Objective C-4 states: Potable water distribution system capacity is available to all areas within the City's service area. Installation of facilities shall be programmed when the need is demonstrated. The adopted LOS standards for the City's Wastewater Treatment System are generation inflow of 160 gallons per person per day, with the treatment plant design capacity of 21 mgd average / 30 mgd peak, split equally between the City of Delray Beach and the City of Boynton Beach. The current estimate for demand at the city's build-out population of 75,000 is 9.05 mgd. Public Facilities Element Objective C-3 states: Wastewater collection system capacity is available to all areas within the City's service area. Installation of facilities shall be programmed when the need is demonstrated. P&Z Board Staff Report V.A. Consideration of ORC Report 2003-2 Page 11 Since adequate capacity is available in the City's water and wastewater systems to meet the increased demand, the proposed FLUM amendments will not impact the level of service standard for these facilities. Draina.qe: The adopted LOS standards for drainage is the SFWMD standard of retention of the first one inch of runoff or 2.5 inches of water storage times the percentage of impervious area. Local and City-wide drainage deficiencies are identified in the Stormwater Master Plan (Kimley-Horn, 2000). The City has programmed projects to correct the deficiencies identified in this report and achieve the Level of Service standard. Public Facilities Element Objective E-1 states: A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, shall be implemented with funding to come from the Stormwater Utility Fee. Drainage is reviewed during the site plan application process for individual projects. Within this area of the City, drainage is usually accommodated on site via exfiltration trench systems. There are no problems anticipated with obtaining South Florida Water Management District permits within the area and the additional impacts caused by the increased impervious area will not affect the level of service standard. Parks & Recreation The Open Space and Recreation Element of the Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards': A park impact fee will be collected to offset any impacts that the additional 80 residential units may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. Since non-residential uses do not create a demand for Park & Recreation facilities, the addition of commercial development within the mixed-use development will not have an impact on this level of service standard. Education (School Concurrency): School concurrency will be addressed with future proposals for residential development, however the maximum additional 80 units is not anticipated to be a concern. Solid Waste: As shown in the following table, the FLUM amendment and rezoning will result in a maximum potential impact of 1,057.8 tons per year, an increase of 1,030.2 tons/year. The increased solid waste generated by the maximum development potential for this area can be accommodated by existing facilities. In its annual capacity letter, dated January 14, 2003, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and the five and ten year planning P&Z Board Staff Report V,A. Consideration of ORC Report 2003-2 Page 12 pedods specified in 9J-5-005(4)o" Based on population and waste generation rate projections, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2021. Table 7: Existing and Proposed Maximum Development Potential Solid Waste Generation Southwest Neighborhood Redevelopment Area Traffic: As the majority of the properties are located in the TCEA (Transportation Concurrency Exception Area), traffic concurrency is not an issue. The proposed 1.46 acre commercial area along SW 5th Avenue, extending 200' south of SW 1st Street, is not located within the TCEA and is subject to concurrency findings. The trips generations provided in Table 8 are based on the redevelopment of this area only. As stated earlier, although the maximum FAR of 1.0 is being used in the analysis, it is noted that the development potential for this area is very limited, given the depth of the lots (approximately 135'). It is also noted that the amendment will facilitate the construction of new housing in the downtown area, which will foster a development mix that is less auto dependent. Table 8: Trip Generation Comparison Southwest Neighborhood Redevelopment Area pM pEN~HOUR PROPOSED As shown in the table, the maximum potential development intensity possible with the FLUM amendments would generate an additional 279 peak hour trips. The link analysis is given in the following table: P&Z Board Staff Report V.A. Consideration of ORC Report 2003-2 Page 13 Table 9: Link Analysis Southwest Neighborhood Redevelopment Area PM Pqyk The table indicates that the peak hour capacity for West Atlantic Avenue will not be exceeded by the additional traffic generated by the projected development intensity. The analysis assumes that 70% of the projected traffic will utilize West Atlantic Avenue. The remaining traffic will utilize the extensive grid network to go south or into other parts of the City. The following is also noted: All new development or redevelopment must meet traffic concurrency and comply with the Palm Beach County Traffic Performance Standards ordinance. A traffic study is required during the Site Plan Review process to determine if there is adequate capacity on the surrounding roadway network to accommodate new trips generated by a new development or change of use. Impact fees are assessed for each new trip generated and are collected prior to issuance of a building permit. Proposed development exceeding the thresholds will have to be reduced in intensity or its impacts will have to be mitigated. ORC Objection # 2: Consistency with the State Comprehensive Plan The City of Delray Beach's proposed Comprehensive Plan amendment does not adequately address and further the following goals and policies of the State Comprehensive Plan Chapter 187, Florida Statutes: (16) Land Use, Goal (a) and Policy b. 5. (20) Transportation, Policy b.3, and b.9. (18) Public Facilities Goal (a), and Policy b. 1. Response: These goals and policies relate to the provision of services ensuring concurrency for transportation and public facilities. The issues have been addressed by the additional detail being provided in response to Objection #1. By motion, recommend that the City Commission approve on second and final reading Comprehensive Plan Amendment 2003-2 with the additional information contained herein to be transmitted to the State with the adopted amendment. Attachments: · ORC Report and Response to ORC Report · Comprehensive Plan Amendment 2003-2 s:\planning & zoning\longrange\comp\amend 03-2~2003-2orc.doc CITY OF DELRAY BEACH, FLORIDA Planning & Zoning Board Transmittal Pub#c Hearing July 21, 2002 City Commission Transmittal Public Hearing August 5, 2003 City Commission Adoption Public Hearing January 6, 2004 Pa~e 1 2 CITY OF DELRAY BEACH, FLORIDA ~ TABLE OF CONTENTS ~ REDEVELOPMENT PLAN Adoption of the Wallace Drive Redevelopment Plan TEXT CHANGES - (CITY INITIATED) Policy C-1.7, Future Land Use Element (Completion of Southwest Area Neighborhood Redevelopment Plan) Policy C-2.3, Future Land Use Element (Completion of Redevelopment Plan for the Wallace Drive Industrial Area) AMENDMENTS TO THE FUTURE LAND USE MAP - (PRIVATELY 3 3 3 INITIATED) Delray Harbor Club AMENDMENTS TO THE FUTURE LAND USE MAP - (CITY INITIATED) Redevelopment Area #2 (Wallace Drive Industrial Area) Southwest Neighborhood Redevelopment Area CITY OF DELRAY BEACH, FLORIDA REDEVELOPMENT PLAN WALLACE DRIVE INDUSTRIAL AREA REDEVELOPMENT PLAN The Wallace Drive Redevelopment Area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. The area had developed under County jurisdiction into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. The Redevelopment Plan encourages the development of light industrial, limited commercial and office uses in an urban setting. The Plan establishes land use designations for the Redevelopment Area and encourages aggregation of parcels to accommodate unified development. See Support Document #1 -Wallace Drive Industrial Area Redevelopment Plan staff report and draft Redevelopment Plan. CITY INITIA TED TEXT CHANGES FUTURE LAND USE ELEMENT 1) Location: Pg. FL-31, Policy C-1.7 (Southwest Area Neighborhood Redevelopment Plan) ADD Policy C-1.7 The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10th Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. Comment: This Policy is being added to reflect adoption of the Southwest Area Neighborhood Redevelopment Plan and state that future development must be in accordance with the provisions of the Redevelopment Plan. 2) Location: Pg. FL-32, Policy C-2.3 (Wallace Drive Industrial Area Redevelopment Plan) Policy C-2.3 The following pertains to the Wallace Drive Industrial Area: This area shall be primarily industrial (LI Zoning) with an emphasis on commerce uses (PCC, MIC zone districts). The City, through its water and sewer capital improvement program, shall install water and sewer mains throughout the area. Unimproved and underimproved rights-of-way shall be abandoned when it facilitates the aggregation of parcels and larger scale development provided that the right-of-way is not essential for traffic flow purposes. Support uses for the existing automobile dealership uses are encouraged. All commercial uses shall be allowed with the exception of "strip-type" development along Wallace Drive which is not desired because of traffic conflicts along this collector street. This redevelopment plan shall be prepared in FY 99~2000 and shall be adopted through a comprehensive plan amendment. [Revised by Amendment 99-1] Change: REVISION The Wallace Drive Redevelopment Area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tan.qelo Terrace on the west. The area had developed under County iurisdiction into a (2) mix of incompatible land uses with limited public infrastructure and little or no code enforcement. The Redevelopment Plan encouraqes the development of liqht industrial, limited commercial and office uses in an urban settinq. The Wallace Drive Industrial Area Redevelopment Plan was adopted by City Commission on January 6, 2004. The Plan establishes proposed land use desi,qnations for the Redevelopment Area. Future development must be in accordance with the provisions of the Redevelopment Plan. A.q.qre.qation of parcels is encoura,qed throu,qhout the Redevelopment Area to accommodate unified development. Comment: With the adoption of the plan information with respect to what will be included in the Plan can be eliminated. Further, a statement that all future development in the Redevelopment Area is to be consistent with the adopted plan must be added. See Support Document #1 - Wallace Drive Industrial Area Redevelopment Plan staff report and draft Redevelopment Plan. I AMENDMENTS TO THE FUTURE LAND USE MAP PRIVA TEL Y INITIA TED FUTURE LAND USE MAP AMENDMENT: Privately initiated Future Land Use Map amendment for approximately 0.509 acres associated with Delray Harbor Club from TRN (Transitional) and OS-C (Open Space, Conservation) to MD (Medium Density Residential 5-12 Units/Acre). See Support Document #2 - Delray Harbor Club Future Land Use Map Amendment staff report. CITY INITIA TED FUTURE LAND USE MAP AMENDMENTS: City initiated Future Land Use Map amendment for approximately 45.5 acres from RDA-2 (Redevelopment Area # 2) to CMR (Commerce) in part, IND (Industrial) in part and CF-C (Community Facilities - Churches) in part, pursuant to a Redevelopment Plan for the area. See Support Document #3 - Redevelopment Area #2 (Wallace Drive Industrial Area) Future Land Use Map Amendment staff report. City initiated Future Land Use Map amendment from MD (Medium Density Residential 5-12 DU/AC) to GC (General Commercial) in the following areas, pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan: (3) * Northwest Quadrant (from 1-95 to SW 8th Avenue, between Atlantic Avenue and SW 3rd Street) - Expansion of the GC (General Commemial) designation approximately 400' from West Atlantic Avenue, between SW 8th Avenue and SW 12th Avenue; * Frog Alley - Expansion of the GC designation to a depth of approximately st 1/3 block south of SW 1 Street, on the East and West sides of SW 5~ Avenue; and, Expansion of the GC (General Commercial) designation to include the northwest corner of SW 4th Avenue and SW 1st Street. See Support Document #4 - Southwest Neighborhood Redevelopment Area Future Land Use Map Amendment staff report. s:\planning & zoning\longrange\comp~amend 03-2~adopt\03-2 amendment - city commission adopt final.doc (4) CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #1 Wallace Drive Industrial Area Redevelopment Plan Staff Report and draft Redevelopment Plan SD #1 MEETING OF: AGENDA ITEM: JULY 21, 2003 IV.A.I. REDEVELOPMENT PLAN FOR WALLACE DRIVE INDUSTRIAL AREA The item before the Board is that of making a recommendation to the City Commission regarding the proposed Redevelopment Plan for the Wallace Drive Industrial Area. Development within the redevelopment area began in the late 1940s when the area was located on the fringe of the City of Delray Beach, in unincorporated Palm Beach County. Residential development continued at a slow pace into the 1970s with a development pattern that was rural in nature with unpaved roads and no public utilities. In the late 1970s, industrial uses began to be developed west of this area along the Interstate 95 corridor. Automotive-related uses including repair, towing and storage facilities, along with other industrial uses in this area generated noise and commercial traffic through the residential neighborhood. This had a significant effect on the character of the area and the neighborhood declined. By the late 1980s the entire industrial area to the west had been developed. The area was annexed into the City via the Enclave Act (Enclave #31A), on June 28, 1988. Under County jurisdiction, the area had evolved into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. As a result, most of the area had deteriorated to a point where private investment had virtually stopped. The area east of Wallace Drive (then Germantown Road) was characterized by single family homes, a few vacant lots and an abandoned gas station site at the southeast corner of SW 10th Street and Wallace Drive. Except for a convenience store located at the southwest corner of SW 10th Street and Wallace Drive, the area west of Wallace Drive was primarily single family homes and vacant lots bordered on the west by industrial uses. The Future Land Use Element of the City's Comprehensive Plan identifies several older areas of the City that, due to substandard infrastructure, obsolete or inappropriate uses of land, vacant and dilapidated structures, and other similarly blighting conditions, are in need of special attention in the form of a "Redevelopment Plan." Goal Area "C" of the Future Land Use Element represents the starting block upon which its implementation strategy has been built. It is stated as follows: Planning and Zoning Board Memorandum Staff Report Wallace Drive Redevelopment Plan Page 2 BLIGHTED AREAS OF THE CITY SHALL BE REDEVELOPED AND RENEWED AND SHALL BE THE MAJOR CONTRIBUTING AREAS TO THE RENA ISSA NCE OF DELRA Y BEA CH. The purpose of a Redevelopment Plan is to identify the specific deficiencies and assets of a designated area, evaluate the existing and potential uses, and identify specific measures for arresting decline, facilitating new development, and enhancing the quality of life for residents of the area. These areas are depicted on the Future Land Use Map as Redevelopment Areas #1 through #6. The "Redevelopment Area" designation acts as a holding zone for each site, until an appropriate Future Land Use Map designation can be assigned that is consistent with an adopted Redevelopment Plan. The Wallace Drive Industrial Area is designated as Redevelopment Area #2. The following language, excerpted from Future Land Use Element Policy C-2.3 in the City's Comprehensive Plan, gives a description of the program: Policy C-2.3: The following pertains to the Wallace Drive Industrial Area: This area shall be primarily industrial (LI Zoning) with an emphasis on commerce uses (PCC, MIC zone districts). The City, through its water and sewer capital improvement program, shall install water and sewer mains throughout the area. Unimproved and underimproved rights-of-way shall be abandoned when it facilitates the aggregation of parcels and larger scale development provided that the right-of-way is not essential for traffic flow purposes. Support uses for the existing automobile dealership uses are encouraged. All commercial uses shall be allowed with the exception of "strip-type" development along Wallace Drive which is not desired because of traffic conflicts along this collector street. Since annexation and adoption of the Comprehensive Plan, there has been considerable public investment to prepare the area for redevelopment, including the installation of water and sewer mains throughout the area as well as street improvements along Poinsettia Drive and Georgia Street in 1992 and the extension of SW 10th Avenue and associated retention areas in the mid 1990s. In the late 1990s, private monies funded the construction of Milfred Street in conjunction with a development proposal associated with the Ford dealership. Most recently, private development resulted in the construction of a portion of Lime Lane and Royal Palm Drive. Within the past five years, there has been a surge of private investment in the area resulting in the construction of several industrial projects including 10th Street Commerce Center, Tropic Supply, ABA Custom Cabinets and Profiles in Concrete. In February, 2003, a privately initiated proposal was submitted to rezone 1.4 acres, within the redevelopment area, from R-1-A (Single Family Residential) to MIC (Mixed Industrial & Commercial). Policy C-2.1 of the Future Land Use Element states that if a private development proposal is received for a Redevelopment Area, one of two options may be pursued: preparation of the Redevelopment Plan shall be accelerated and the Planning and Zoning Board Memorandum Staff Report Wallace Drive Redevelopment Plan Page 3 development proposal delayed until the plan is adopted, or the development proposal can be evaluated on its own merits with the existing Comprehensive Plan policies guiding the disposition of the request. Since the proposed zoning would have impacted the overall area, it was necessary to accelerate preparation of the Redevelopment Plan. The Wallace Drive Redevelopment Plan creates the framework for the future redevelopment of an area which was originally annexed into the City under the Enclave Act in 1988. The area had developed under County jurisdiction into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. As a result, most of the area had deteriorated to a point where private investment had virtually stopped. The Redevelopment Area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. Two-thirds of the area is located west of Wallace Drive, which bisects the area, running diagonally from northeast to southwest. This area is currently identified as Redevelopment Area #2 in the City's Comprehensive Plan. The purpose of this Redevelopment Plan is to meet the intent in Future Land Use Element Policy C-2.3, which requires a Redevelopment Plan be developed and recommendations be included. These recommendations can be used by the City of Delray Beach to encourage new development. The Plan is divided into three sections: The Introduction describes the Study Area, a brief history of the area, and what led to the existing conditions. This section also discusses the Future Land Use Element Policy in the Comprehensive and includes the purpose of the Redevelopment Plan and a summary of the planning process that guided it. The Existing Conditions section discusses the Wallace Drive Area in terms which reflect on its marketability for business development. This includes a brief description of the existing land uses, zoning, Future Land Use, housing, ownership, and vacant land. This section also looks at the infrastructure in the Redevelopment Area, including, water, sewer, drainage, streets, sidewalks and lighting. The Redevelopment Plan section outlines the potential plan for development and redevelopment of the properties within the Redevelopment Area. The section establishes recommendations for the enhancement of the area. These recommendations work toward making the area more marketable for business development while protecting the surrounding uses from greater impacts. It is the intent of this plan to make the Wallace Drive Redevelopment Area a unique place that will encourage the development of light industrial, limited commercial and office uses in an urban setting. This, in turn, should serve as a catalyst to increase property values and increase the City's employment base in the industrial, manufacturing and trade sectors. While the Wallace Drive Area has remained in its Planning and Zoning Board Memorandum Staff Report Wallace Drive Redevelopment Plan Page 4 existing state for many years, the area has always had great potential. The City of Delray Beach Planning and Zoning Department recognized the potential and assigned this area a redevelopment designation. The unique opportunity that is facing the City and this particular Redevelopment Area is that the City will most likely not need to have any major intervention. The private sector will be the driving force behind the revitalization of the Redevelopment Area, which has already started to occur. This plan will give private property owners and developers a clear understanding of what the future could hold if they develop in the prescribed manner as suggested by this plan. Recommendations for the Redevelopment Area will require the City to initiate changes to the Future Land Use Map eliminating the Redevelopment Area # 2 designation, and assign new Future Land Use Map and corresponding Zoning designations. Recommended designations are discussed below: FUTURE LAND USE MAP A Future Land Use Map Amendment will need to be processed to eliminate the Redevelopment Area #2 classification for the entire area and establish the recommended Future Land Use Map designations. This will be initiated by the City and processed as part of Comprehensive Plan Amendment 2003-2. The three recommended Future Land Use Map designations are: CF-C - Community Facilities - Church: The Calvary Bible Missionary Baptist Church parcel, located south of SW 10th Street, between SW 8th and SVV 9th Streets - approximately 4 acres. This change is required to accommodate the existing use. The property is currently zoned CF (Community Facilities), which is consistent with this designation. IND - Industrial: Orkin Pest Control, located at the northeast corner of Georgia Street and Tangelo Terrace - approximately 0.7 acres. This change is required to accommodate the existing use. The property is currently zoned I (Industrial), which is consistent with this designation. CMR - Commerce: The remainder of the Redevelopment Area on both sides of Wallace Drive - approximately 29.6 acres. This designation is required to accommodate existing non-residential uses west of Wallace Drive and proposed industrial development east of Wallace Drive. The MIC (Mixed Industrial & Commercial) zoning on most of the property west of Wallace Drive, is consistent with this designation. The remaining parcels, 36 of which are currently zoned R-I-A (Single Family Residential) and 2 of which are zoned I (Industrial), are not consistent with this designation and will be rezoned to LI (Light Industrial) and MIC (Mixed Industrial & Commercial). ZONING The properties located with in the Redevelopment Area are currently zoned MIC (Mixed Industrial & Commercial), I (Industrial) and R-1-A (Single Family Residential). The Planning and Zoning Board Memorandum Staff Report Wallace Drive Redevelopment Plan Page 5 following rezonings will be required for consistency with the Future Land Use Map designations. They will be initiated by the City and process concurrent with the FLUM amendments. Rezoning of 2 parcels from I (Industrial) to MIC (Mixed Industrial & Commercial) - located approximately 100 feet east of Tangelo Terrace, between Poinsettia Drive and Georgia Street - approximately 0.7 acres. This change is being made to facilitate redevelopment of the existing single-family homes on these parcels. The existing sites do not meet the required minimum lot size requirement. Rezoning of 36 parcels from R-1-A (Single Family Residential) to LI (Light Industrial) - located east of Wallace Drive - approximately 8.5 acres. This change is being made to accommodate the proposed light industrial uses for the area. Of the 36 parcels, 30 are vacant or are used for roadways or drainage retention areas. The six existing single family residences are located between Wallace Drive and SW 10th Avenue, which are City Collector roadways. Several of these residences currently contain Landscape Maintenance businesses and have a quasi-industrial character. LAND DEVELOPMENT REGULATIONS An LDR text amendment will be necessary to create an overlay district which amends the development standards for the LI zoning district within the Redevelopment Area to reduce the minimum development area, lot size, lot dimensions and tenant space requirements. The overlay will also include previsions to increase the front setback for properties fronting on Wallace Drive. Although aggregation of parcels is encouraged, this accommodation will be necessary to allow development on smaller parcels where aggregation is not possible. The modified development standards will be similar to those in the adjacent MIC zoning district. OTHER RECOMMENDATIONS The Plan includes many specific recommendations related to the following: · Infrastructure Improvements; · Enhanced Code Enforcement; · Aesthetic Improvements/Design; · Marketing; · Funding; and · Implementation steps A copy of the plan is included with this report for review. Redevelopment Area #2 is not within a geographical area requiring review by the Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA) or the Historic Preservation Board (HPB). A meeting was held on June 19, 2003 Planning and Zoning Board Memorandum Staff Report Wallace Drive Redevelopment Plan Page 6 to discuss the Plan with the property owners within the area. The property owners who attended the meeting were generally supportive of the planning effort. By motion, recommend to the City Commission adoption of the proposed Wallace Drive Redevelopment Plan. s:\planning & zoning\boards\p&z board\wallace drive redevelopment plan.doc ~ ,-= o 0 e~=.l 0 0 0 z,,<, ~_ CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #2 Delray Harbor Club Future Land Use Map Amendment Staff Report SD #2 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: July 21, 2003 IV. A. (3a.) Future Land Use Map Amendment From TRN (Transitional) In Part and OS-C (Open Space-Conservation) In Part To MD (Medium Density Residential 5-12 du/ac) and Rezoning From POD (Professional Office District) In Part and CD (Conservation District) In Part To RM (Multiple Family Residential -Medium Density) For a 0.509 Acre Portion of Delray Harbor Club Condominium Development (Quasi-Judicial Hearing). GENERAL DATA: Owner/Applicant ......................... Delray Harbor Club Agent .......................................... Robert G. Curde Partnership, Inc. - Jose Aguila, AIA Location ...................................... Located on the east side of U.S. Highway No 1, approximately 650 feet south of S.E. 10th Street. Property Size .............................. 0.509 Acres Future Land Use Map ................ TRN (Transitional) & OS-C (Open Space - Conservation) Proposed FLUM .......................... MD (Medium Density Residential, 5-12 Units/Acre) Current Zoning ............................ POD (Professional Office District) & CD (Conservation District) Proposed Zoning ........................ RM (Medium Family Residential - Medium Density) Adjacent Zoning ................ North: RM (Medium Family Residential- Medium Density) East: CD (Conservation District) South: POD (Professional Office District) West: MH (Mobile Home) & PC Planned Commercial) Existing Land Use ...................... Vacant Proposed Land Use ....................FLUM Amendment and Rezoning. Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. HARBOURS 1RE£ _ [-- LINTON BLVO. IV. A. (3a.) / The action before the Board is that of making a recommendation to the City Commission on a privately sponsored Future Land Use Map (FLUM) Amendment from TRN (Transitional) in part and OS-C (Open Space, Conservation) in part to MD (Medium Density Residential 5-12 dwelling units per acre) and rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential - Medium Density) for a 0.509 acre parcel located on the east side of South Federal Highway approximately 650 feet south of SE 10~ Street. Pumuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM and Rezoning Amendments for any property within the City. The subject property consists of the Corniche Replat I, less and except Tract "A" and contains 0.509 acres. The property is currently vacant. The applicant (Delray Harbor Club) proposes to use the property for a new entrance feature to the condominium with a gate house, guest parking and landscaping areas. In April of 1986, the triangular shaped parcel, was platted and titled "The Comiche" (PB 53, PG 28). An 18-foot wide access easement was located 42-feet south of the north line of this plat. This access easement was needed for ingress/egress to the FIND (Flodda Inland Navigation District) parcel to the east of the subject parcel. On September 10, 1985 the City Commission approved a site plan for the construction ora three story, 7,714 sq. ft. commercial bank and office building with drive-thru banking facility. However, the construction never commenced and the site plan expired. In December of 1995, the same triangular shaped parcel of land was replatted by "The Comiche Replat" (PB 76, PG 97). The 18-foot wide access easement was rededicated as a 24-foot wide public access easement and relocated to the north 24' of the plat. This newly created 24-foot public access easement was dedicated to the City of Delray Beach for access and recreational purposes. In Mamh of 1997, the same triangular shaped parcel of land was replatted again by "'rhe Comiche Replat 1" (PB 79, PG 50). The 24-foot public access easement was replaced with the dedication of Tract "A" and relocated on the south 24' of the plat. Tract "A" is dedicated to the City of Delray Beach for public access and recreational purposes to Lot 27, Block 2 of the Model Land Co. Subdivision (a.k.a. the FIND Parcel). Finally, at its meeting of July 2, 2002 the City Commission approved the abandonment of a 24' public access easement within the Comiche Replat (north 24' easement). ~lanning and Zoning Board $ ! Report Delray Harbor Club - FLUM ,~,~endment and Rezoning Page 2 This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187) as part of Comprehensive Plan Amendment 2003-2. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall .be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and COmpliance with the Land Development Regulations. FUTURE LAND USE MAP: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. While the TRN (Transitional) FLUM designation is consistent with the proposed RM zoning district, the F/UM amendment to MD will allow overall consistency with the balance of the Delray Harbor Club property. The OS-C FLUM designation is inconsistent with the proposed RM zoning and is inappropriate as it is no longer part of the much larger conservation parcel to the east. The proposed FLUM amendment and rezoning are to enable the con~tmction of a new entry gate, visitor parking and landscaping for the Delray Harbor Club condominium development. These improvements are allowed as an accessory use to the existing condominium development. The RM (Multiple Family Residential) zoning district is consistent with the proposed MD (Medium Density Residential) Future Land Use Map designation. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: n Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar .'?anning and Zoning Board ,c Report Delray Harbor Club - FLUM ~,,~endment and Rezoning Page 3 intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The proposal involves a privately initiated FLUM designation change from TRN (Transitional) in part and OS-C (Open Space, Conservation) in part to MD (Medium Density Residential 5-12 du/ac) and rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential - Medium Density). As stated eadier, the proposed MD FLUM designation allows a new gate house and parking area associated with the existing Delray Harbor Club condominium, which is located to the north, immediately adjacent to the subject property. The Harborside condominium development exists to the south of the subject property, which is a similar type of.reSidential condominium development as Delray Harbor Club and also has a MD FLUM designation. To the east of the subject property is the existing vacant FIND (Flodda Inland Navigational District) property which has a FLUM designation of O$-C and a zoning designation of CD. To the west, across northbound Federal Highway, exists a vacant parcel of land with a FLUM designation of GC (General Commercial) and a zoning designation of PC (Planned Commerical) and further to the west across southbound Federal Highway exists the Fioranda Trailer Park which has a TRN FLUM designation and a MH (Mobile Home) zoning designation. Given the existing character and FLUM designations of the surrounding area the proposed MD designation is the most appropriate for the subject property and is consistent with this Policy of the Comprehensive Plan. [3 Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted comprehensive Plan. The following are the applicable objective is noted: Future Land Use Element Obiective A-l: Property shall be developed or redeveloped in a manner so that the future use and intensi~y is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. The subject property does not have any unique environmental characteristics that would prohibit development of the site or require mitigation measures. Although a portion of the property has an OS-C FLUM designation and is zoned CD (Conservation District), this portion of the property was part of an overall conservation tract, which contains mangroves. In addition, the properties small size limits the development potential of the site under the current POD zoning designation, which allows office type uses and is situated between two condominium developments. The FLUM amendment to MD and zoning to RM will ensure the property will be developed in a manner that will be complementary to the adjacent residential condominiums to the north and south. With review of a specific development proposal this policy will be revisited. Planning and Zoning Board ,' ',f Report Delray Harbor Club - FLUM ~,,lendment and Rezoning Page 4 Concurrency -- Development at the highest intensitY possible under the requested designation can meet the adopted concurrency standards. The existing TRN FLUM designation is consistent with the POC (Planned Office Complex), POD (Professional Office Development), RO (Residential Office), NC (Neighborhood Commercial) and RM (Multiple Family Residential - Medium Density) zoning designations. The intensities of the uses allowed under the office and neighborhood commercial zoning districts is much greater than the intenSities allowed under the MD FLUM designation, which does not allow office or commemial development. Development of the property will be limited to uses permitted under the proposed MD Future Land Use Map and RM zoning designations. The intended use is for a new entry feature including a gate house and guest parking for the existing Delray Harbor Club condominium development. Residential development is limited to a maximum of 12 units to the acre, which is the same as the TRN. This would allow a maximum of six (6) units to be constructed on the property, which would generate 42 average daily vehicular trips. There is adequate capacity on Federal Highway to accommodate potential traffic generated by the proposed MD FLUM designation. There are no other concems meeting other level of Service standards relating to drainage, water and sewer, solid waste, parks and recreation facilities, and schools. Drainage can be accommodated on site via an exfiltration system. City facilities, such as water and sewer, and parks have sufficient capacity to handle development under the MD FLUM and RM zoning designations. Similarly, solid waste can be accommodated by existing County facilities and the development potential for 6 residential units should have no impacts relating to schools. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the 0.509 acre parcel of land will occur in accordance with the City's Land Development Regulations dudng the site plan review process. It is anticipated that there should be no problems complying with the Land Development Regulations. The proposed City zoning designation is RM (Multiple Family Residential) while the current zoning designation is POD (Planned Office District) in part and CD (Conservation District) in part. The zoning designations of the surrounding properties are identified in the Future Land Use Map Amendment Analysis section of this report. Section 3.2.2 (Standards for Rezoning Actions): Standards B, C and E are not applicable. The applicable performance standards of Section 3.2.2 are as follows: (A) The most reStrictive residential zoning district that is applicable given existing development patterns and tYpical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different Planning and Zoning Board ? Report Delray Harbor Club - FLUM ~{~endment and Rezoning Page 5 zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The property is located within the area identified as stable on the Residential Neighborhood Categorization Map. The development pattern along the east side of northbound Federal Highway between Linton Boulevard and SE 10~h Street is such that properties have been pdmadly developed as multiple family residential condominiums (RM zoning) with the exception of the Old Harbor Plaza commercial shopping plaza, located at the northeast comer of Linton Boulevard and Federal Highway. Therefore, the proposed rezoning is consistent with this standard. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses border the property: Direction Zoninq Uses North RM West PC and MH South RM East CD and OS-C Delray Harbor Club Condominiums Vacant land and Floranda Trailer Park Harborside Condominiums Vacant land The proposed rezoning is compatible with the adjacent land uses and consistent with the development pattem along Federal Highway. Section 2.4.5(D){5) (Rezonin{3 Findin.qs): · Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more al)pro~riate for the property based upon circumstances particular to the site and/or neighborhood. As noted previously, the development pattern along northbound Federal Highway has been established such that the properties along the east side of the road have been primarily developed as multiple family condominiums. The proposed rezoning to RM is consistent with the MD FLUM designation. The proposed rezoning will allow the subject Planning and Zoning Board ,~ .? Report Delray Harbor Club - FLUM ~endment and Rezoning Page 6 property to be developed of a similar intensity as the surrounding area. Therefore, a finding can be made the rezoning fulfills subsection ~c." The property is not in an area that requires review by the CRA (Community Redevelopment Area) or the DDA (Downtown Development Authority). Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · Harborside Condominium · Presidents Council · Osceola Park · Rio Delray Shores · PROD The Future Land Use Map (FLUM) Amendment from TRN (Transitional) in part and OS- C (Open Space, Conservation) in part to MD (Medium Density Residential 5-12 d.u./acre) and rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential - Medium Density) for a 0.509 acre parcel located on the east side of South Federal Highway approximately 650 feet south of SE 10m Street, is consistent respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. The MD FLUM and RM zoning designations are more appropriate given the existing RM zoning along the east side of $. Federal Highway, north and south of the site, and to maintain consistency with the balance of the adjacent Delray Harbor Club, the owner of the subject property. Continue with direction. Recommend to the City Commission approval of the FLUM Amendment and Rezoning for the subject property, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; or Planning and Zoning Board ,~ ~ Report Delray Harbor Club - FLUM ,~nendment and Rezoning Page 7 Co Recommend to the City Commission denial of the FLUM Amendment and Rezoning based on a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and Section 3.1.1 (Required Findings) of the Land Development Regulations, with the basis stated. Recommend to the City Commission approval of the proposed FLUM Amendment from TRN (Transitional) in part and OS~C (Open Space - Conservation) in part to MD (Medium Density Residential 5-12 d.u./ac) and approval of the Rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential - Medium Density) based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Report prepared by: Michelle Hoyland, Senior Planner Attachments: · Proposed Future Land Use Map · Zoning Map Survey DELRA Y PLACE CONDOS FLORANDAc TRA~ER PARK THE PLAZA DELRA Y GC ST. S.E. 12TH RD. --TRN HARBOUR ~DE LINTON WOODS GANYAN TREE LANE DOMAINE DELRAY HARBOURS EDGE TREE ~LLAGE OS MD <~' I R. OLD HARBOUR PLAZA HARBOURS EDGE LINTON BANK OS'C BO LEVARD DEL DELRAY HARBOR CLUB - FLUM AMENDMENT - FROM: TRN (TRANSITIONAL) & OS-C (OPEN TO: MD (MEDIUM DENSIT~ SPACE - CONSERVATION) RESIDENTIAL, 5-12 UNITS/ACRE) - s.~ ,om sT. ~ .~ . ,,, ~ -~ / ~ DELRA Y _ I ~ORANDA - ~ ARDOUR ~ ~ R s . PLAZA ~ /~ BANYAN HARBOURS DR. ) LIN TON BOULE /ARD /N~ ~o~ ~ ~ DEL N DeL~Y HARBOR CLUB ~ - R~ONING - a~ ~ ~AY a~ ~ FROM: POD (PROFESSION~ OFFICE TO: ~ (MULTIP~ F~ILY ~o · z~o ~r DISTRIC~ & CD (CONSERVA~ON DIS~C~ RESIDEN~AL - MEDIUM DENS~ CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT ft3 Redevelopment Area #2 (Wallace Drive Industrial Area) FLUM Amendment Staff Report SD #3 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: July 21, 2003 IV. A. (3.b.) Transmittal Headng for Comprehensive Plan Amendment 2003-2 - FLUM Amendments and Rezonings Associated with the Wallace Drive Redevelopment Plan (Redevelopment Area #2). GENERAL DATA: Applicant ........................................ City Initiated Location ........................................ Located south of Southwest 10th Street, north of Milfred Street, east of Tangelo Terrace, & west of Southwest 8a Avenue. Property Size ................................. 34.3 Acres (without right-of-ways) Future Land Use Map .................... RDA - 2 (Redevelopment Area #2) Proposed FLUM ............................ IND (Industrial), MIC (Mixed Industrial & Commercial), & CF - C (Community Facilities - Churches) Current Zoning .............................. R-1-A (Single Family Residential), CF (Community Facilities), MIC (Mixed Industrial & Commerdal) and I (Industrial) Proposed Zoning ........................... MIC (Mixed Industrial & Commercial), LI (Light Industrial), I (Industrial), and CF (Community Facilities) Adjacent Zoning .................. North: R-1-A (Single Family Residential) & OSR (Open Space & Recreation) East: CF (community Facilities) and RM (Multiple Family Residential - Medium Density) South: AC (Automotive Commercial) West: I (industrial) Existing Land Use ......................... Commercial, Industrial, Residential, & Undeveloped Water Service ............................... Available to all properties. Sewer Service ............................... Available to all properties. IV. A. 13.b.) The action before the Board is that of making a recommendation to the City Commission on City initiated Future Land Use Map amendments, and rezonings associated with the Wallace Drive Industrial Area Redevelopment Plan (See attached Maps and Legal Descriptions in Appendix A). The Future Land Use Map Amendments involve the entire Redevelopment Area, totaling approximately 34.3 acres, not including road rights-of-way. There are three proposed FLUM designations for the area. They are as follows: Area A: FLUM amendment from RDA-2 (Redevelopment Area #2) to CMR (Commerce) - includes all but two of the parcels within the redevelopment area and contains approximately 29.6 acres. n Area B: FLUM amendment from RDA-2 (Redevelopment Area #2) to IND (Industrial) - I parcel located at the northeast corner of Georgia Street and Tangelo Terrace, containing approximately 0.7 acres. Area C: FLUM amendment from RDA-2 (Redevelopment Area #2) to CF-C (Community Facilities-Churches) --1 parcel located between SW 8th and SW 9th Avenues, south of SW10th Street, containing approximately 4 acres. The proposed rezonings within the Redevelopment Area are as follows: El Area D: Rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial) - 2 parcels (by ownership), located approximately 100 feet east of Tangelo Terrace, between Poinsettia Drive and Georgia Street, containing approximately 0.7 acres. El Area E: Rezoning from R-1-A (Single Family Residential) to LI (Light Industrial) - 36 parcels (by ownership), located east of Wallace Drive, containing approximately 8.5 acres. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM and Rezoning Amendments for any property within the City. The Future Land Use Element of the City's Comprehensive Plan identifies several older areas of the City that, due to substandard infrastructure, obsolete or inappropriate uses of land, vacant and dilapidated structures, and other similarly blighting conditions, are in need of special attention in the form of a "Redevelopment Plan." The purpose of a Redevelopment Plan is to identify the specific deficiencies and assets of a designated area, evaluate existing and potential uses, and identify specific measures for arresting decline, facilitating new development, and enhancing the quality P & Z Board Staff Report ~ FLUM Amendment & Rezoni%., ~'Or Redevelopment Area Page 2 of life for residents of the area. These areas are depicted on the Future Land Use Map as Redevelopment Areas #1 through #6. The "Redevelopment Area" designation acts as a holding zone for each site, until an appropriate Future Land Use Map designation can be assigned that is consistent with an adopted Redevelopment Plan. The Wallace Drive Industrial Area is designated as Redevelopment Area #2. It is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. Two-thirds of the area is located west of Wallace Drive, which bisects the area, running diagonally from northeast to southwest. The area was annexed into the City via the Enclave Act (Enclave #31A), on June 28, 1988. Under County jurisdiction, the area had evolved into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. As a result, most of the area had deteriorated to a point where private investment had virtually stopped. The following language, excerpted from Future Land Use Element Policy C-2.3 in the City's Comprehensive Plan, gives a description of the program for this area: Policy C-2.3: The following pertains to the Wallace Drive Industrial Area: This area shall be primarily industrial (LI Zoning) with an emphasis on commerce uses (PCC, MIC zone districts). The City, through its water and sewer capital improvement program, shall install water and sewer mains throughout the area. Unimproved and underimproved rights-of-way shall be abandoned when it facilitates the aggregation of parcels and larger scale development provided that the right-of-way is not essential for traffic flow purposes. Support uses for the existing automobile dealership uses are encouraged. All commercial uses shall be allowed with the exception of "strip-type" development along Wallace Drive which is not desired because of traffic conflicts along this collector street. Since annexation and adoption of the Comprehensive Plan, there has been considerable public investment to prepare the area for redevelopment, including the installation of water and sewer mains throughout the area as well as street improvements along Poinsettia Drive and Georgia Street in 1992 and the extension of SW 10th Avenue and associated retention areas in the mid 1990s. In the late 1990s, private monies funded the construction of Milfred Street in conjunction with a development proposal associated with the Ford dealership. Most recently, private development resulted in the construction of a portion of Lime Lane and Royal Palm Drive. Within the past five years, there has been a surge of private investment in the area resulting in the construction of several industrial projects including 10th Street Commerce Center, Tropic Supply, ABA Custom Cabinets and Profiles in Concrete. In February, 2003, a privately initiated proposal was submitted to rezone 1.4 acres within Redevelopment Area #2 from R-1-A (Single Family Residential) to MIC (Mixed Industrial & Commercial). Policy C-2.1 of the Future Land Use Element states that if a private development proposal is received for a Redevelopment Area, one of two options may be pursued: preparation of the Redevelopment Plan may be accelerated and the development proposal delayed until the plan is adopted, or the development proposal can be evaluated on its own merits with the existing Comprehensive Plan policies guiding the disposition of the request. Since the proposed zoning would have impacted ~ & Z Board Staff Report FLUM Amendment & Rezoni%.. ~or Redevelopment Area #2 Page 3 the overall area, it was decided to complete the Redevelopment Plan prior to taking action on the proposal. Based upon the above, preparation of the Redevelopment Plan was accelerated and is being processed as part of the City's annual Comprehensive Plan Amendment 2003-2. The intent of the Plan is to make the Wallace Drive area a unique place that will encourage the development of light industrial, commemial and office uses in an urban setting. It is hoped that it will also serve as a catalyst to increase property values and broaden the City's employment base in the industrial, manufacturing and trade sectors. Implementation of the Plan, requires the City to initiate changes to the Future Land Use Map to eliminate the RDA-2 (Redevelopment Area # 2) designation, and to assign new Future Land Use Map and corresponding Zoning designations. The recommended designations are discussed below. This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). Land Use Analysis: Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The underlying Future Land Use Map designation for the subject property is Redevelopment Area #2 and the proposed designations are CMR (Commerce), IND (Industrial) and CF-C (Community Facilities - Churches). The redevelopment plan identifies the development scenarios and criteria for development to occur within the area. The proposed zoning designations of MIC (Mixed Industrial & Commercial), I (Industrial), LI (Light Industrial) and CF (Community Facilities) will be consistent with the proposed Future Land Use Map designations. Based upon the above, a positive finding with respect to Future Land Use Map consistency can be made. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics P & Z Board Staff Report FLUM Amendment & Rezoninbv ~'or Redevelopment Area Page 4 or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The basis for the FLUM change is that the existing FLUM designation of RDA#2 is no longer appropriate, given that a Redevelopment Plan for the area has been prepared. The data and analysis supporting the new FLUM designations and demonstrated need are contained within the plan. o Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. Redevelopment Areas, as identified on the City's Future Land Use Map, are described within the Future Land Use Element. The Redevelopment Area designation acts as a holding zone, until an appropriate Future Land Use Map designation can be assigned that' is consistent with an adopted Redevelopment Plan. The plan, prepared for Redevelopment Area #2, recommends that underlying Future Land Use designations of CMR (Commerce), IND (Industrial) and CF-C (Community Facilities-Churches) be applied to the area. As part of Comprehensive Plan Amendment 2003-2, changes are also being made to Future Land Use Element Policy C-2.3 to acknowledge the adoption of the Plan, and to require that all future development be in compliance with the adopted plan. The proposed FLUM designations will be consistent with the goals, objectives and policies of the ComprehensiVe Plan once the Redevelopment Plan and the associated amendments to the Comprehensive Plan are adopted. Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. In comparing the existing Future Land Use Map designation of RDA-2 and the proposed Future Land Use Map designations with respect to concurrency, the following is noted - Currently, development within the area can proceed without the implementation of a redevelopment plan on its own merits with the existing zoning and policies of the Comprehensive Plan guiding the disposition of the request (Future Land Use Element, Policy C-2.1). Approximately three-fourths of the redevelopment area will retain its existing MIC zoning designation, so the potential development intensity on that portion of the redevelopment area is unaffected by the proposed FLUM designations. The potential development intensity on the remaining 8.5 acres, currently zoned R-1-A (Single Family Residential), will increase when it is rezoned to LI (Light Industrial). A discussion of the impacts associated with development of this area at this higher intensity is given below: ~P & Z Board Staff Report FLUM Amendment & Rezoni%_.~or Redevelopment Area #2 Page 5 Water & Sewer: · Water service is available via service lateral connections to existing 10" water mains along Wallace Ddve, SW 10th Street and SW 9~h Avenue. · Sewer service is available via service lateral connections to existing 8" and 10" mains along Wallace Ddve, SW 10th Street and SW 9th Avenue. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: There are two storm water detention areas located in the north half of this area, on either side of SW 10th Avenue. Drainage is reviewed during the site plan application process for individual projects. For the type of development anticipated in this area, drainage is usually accommodated on site via ex'filtration trench systems. There are no problems anticipated with obtaining South Florida Water Management District permits within the area. Traffic: The maximum developable area is 7.8 acres (8.5 acres less the SW 10~h Avenue extension). It should also be noted that although this area includes the City's storm water detention areas, redevelopment of that property is unlikely. The maximum development potential in the R-1-A zoning district is 39 units (5 units/ac). This assumes development of single family lots within the LD FLUM designation. The traffic that would be generated by this intensity of development is 390 ADT (39 units x 10 trips/unit). Since the zoning districts allowed within the CMR (Commerce) FLUM designation allow a maximum of 50% building lot coverage, the maximum building area that could be constructed on the 7.8 acres would be 169,884 square feet. This building area would generate a total of 1,184 ADT (169,884 x 6.97/1000) if the property were developed in general industrial uses typical of those uses allowed within any of the zoning districts under the Commeme FLUM designation. Although these zoning districts allow a limited retail component (25% of total floor area within the MIC zoning district and 10% within the LI zoning district), the retail is usually very specialized and involves items associated with the primary industrial use. Thus, the traffic associated with a retail component would be minimal. All new non-residential development or redevelopment must meet traffic concurrency and comply with the Palm Beach County Traffic Performance Standards ordinance. A traffic study is required dudng the Site Plan Review process to determine if there is adequate capacity on the surrounding roadway network to accommodate new trips generated by a new development or change of use. Impact : 'P & Z Board Staff Report FLUM Amendment & Rezoni%, ,hr Redevelopment Area #2 Page 6 fees are assessed for each new trip generated and are collected pdor to issuance of a building permit. Wallace Drive and SW 10th Avenue provide a connection between SW 10th Street and Linton Boulevard. Linton Boulevard is the most heavily traveled roadway within the general area and is classified as a Minor County Arterial. Since the Linton Boulevard link between Wallace Ddve and Interstate 95 is currently operating at LOS "E", new developments which have a significant impact on this link cannot be constructed. However, since the tdp generation rate for industrial development is very Iow, this is not expected to seriously impact new development within the redevelopment area. Parks and Recreation: Non-residential uses do not create a demand for Park & Recreation services therefore, the impact on these facilities will decrease as the property is converted to non-residential uses. Solid Waste: The development of single family development at the maximum intensity (5 units per acre) is 39 units. The trash generated by single family home is 1.99 tons of solid waste per year. Therefore the maximum impact for development of the 7.8 acre area would be 77.6 tons per year (39 x 1.99 tons/year). Redevelopment of the area for industrial uses at the maximum building area potential of 169,884 square feet is 399 tons per year (169,884 sq. ft x 4.7 lbs/sq, ft. x 1 ton/2000 lbs). Since this solid waste can be accommodated by existing landfill facilities, a positive finding with respect to this level of service standard can be made. n Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. A mixture of commemial, industrial and residential uses surrounds the Wallace Drive Redevelopment Area. The area south of the redevelopment area contains the Maroone Ford auto dealership and a 1.96 acre parcel containing a light industrial building is located to the southeast, between Wallace Ddve and SW 10th Avenue. Single-family residential development and the City's cemetery are located to the north, across SW 10th Street. The area to the west contains industrial land uses. The area immediately to the east contains multiple-family residential, single-family residential and vacant land. The single-family development is separated from the proposed light industrial development within the redevelopment area by the Calvary Bible Missionary Baptist Church and the multiple-family is located on the east side of SW 10th Avenue, south of SW 11th Street. Thus, the light industrial development will be separated from the residential properties by existing streets. Also, there are regulations in place to mitigate any potential impacts on adjacent properties. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. P & Z Board Staff Report ~ FLUM Amendment & Rezonin[~. ~{)r Redevelopment Area #2 Page 7 All future development within the requested designations will comply with the provisions and requirements of the Land Development Regulations. A detailed discussion of Compliance with the Land Development Regulations is included in the "Zoning Analysis" section of this report. REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the ,authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezonin.q Actions): Standards A, B, C and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. A description of each of the areas to be rezoned is as follows: · Area D: Rezoning of 2 pamels from I (Industrial) to MIC (Mixed Industrial & Commercial) These two parcels are located approximately 100 feet east of Tangelo Terrace, between Poinsettia Drive and Georgia Street. They both contain detached single family homes, which are a nonconforming use in the Industrial zoning district and ':' P & Z Board Staff Report FLUM Amendment & Rezoning.~',~)r Redevelopment Area Page 8 they are surrounded by industrial uses. They cannot be redeveloped to more compatible use within the Industrial zoning district, because they do not meet the minimum 20,000 square feet lot size requirement. Since the lots are adjacent to MIC zoning on the east, which does not have a minimum lot size requirement, they are being rezoned to MIC. With this change, the lots will be able to be redeveloped, thereby becoming more compatible with adjacent development. There are no compatibility concems with the rezoning of these properties which are surrounded by heavy indUstrial uses. · Area E: Rezoning of 36 pamels from R-1-A (Single Family Residential) to LI (Light Industrial) These pamels contain two City storm water detention areas and undeveloped property. The surrounding development includes: a chumh (located within the redevelopment area and currently zoned CF); multiple family residential to the east; a convenience store and single family to the west (located within the redevelopment area and currently zoned MIC); the City cemetery to the north and light industrial to the south. The rezoning to LI (Light Industrial) will allow uses compatible with those allowed on the adjacent industrially zoned properties. As previously stated, the adjacent residential developments are separated from the properties in question by existing streets, including SW 10~ Avenue and SW 10th Street, which are City Collector roadways. The Light Industrial zoning district has stricter development standards than the MIC and I zoning districts and limits the types of uses. There are also regulations in place to mitigate adverse impacts on adjacent properties. Section 2.4.5(D)(5) (Rezonin~l Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a= That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the proposed rezonings are "b" and "c":, based on the following: The proposed rezonings are required to implement the provisions of the Wallace Drive Redevelopment Plan. Given the small size of the properties at Tangelo Terrace, the current I (Industrial) zoning distdct is inappropriate and MIC (Mixed Industrial & P & Z Board Staff Report FLUM Amendment & Rezonin~..fOr Redevelopment Area #2 Page 9 Commemial) is more appropriate, based on circumstances particular to the sites. Given the location of the Single Family Residential zoned properties and the prevailing development pattem in the area, the proposed LI (light Industrial) zoning is more appropriate than R-1-A. The adoption of the plan establishes the City's finding that the proposed zonings are more appropriate than the existing. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. Three-fourths of the land area within the Redevelopment Area will retain its existing industrial zoning designations, so the current action will not have an impact on those properties' ability to comply with the Land Development Regulations. No development proposals are currently under review for any property within the redevelopment area. Any proposed development will be subject to the provisions of the new zoning districts. Since the proposed rezonings will affect the land development regulations and applicable development standards for the subject properties, it is also appropriate to discuss the impact of the rezonings on existing development. a. I to MIC. As stated eadier, the two pamels contain detached single family homes, which are a nonconforming use in the Industrial zoning district. They cannot be redeveloped to a more compatible use within the Industrial zoning district, because they do not meet the minimum 20,000 square feet lot size requirement. The proposed MIC district will allow the lots will be redeveloped. b. R-'I-A to LI. This area contains a mix of single-family homes and storm water detention areas and undeveloped property. The existing single family residences will become nonconforming uses. Although the Redevelopment Plan encourages the aggregation of parcels, accommodations will be necessary to allow development on smaller parcels where aggregation is not possible. The Redevelopment Plan recommends the creation of an overlay area within the LI (Light Industrial) zoning district which amends the development standards for the LI District to reduce the minimum development area, lot size, lot dimensions and tenant space requirements. The overlay will also include provisions to increase the front setback for properties fronting on Wallace Drive. The modified development standards will be similar to those in the adjacent MIC zoning district. The text amendment will be processed following adoption of the Redevelopment Plan and will be scheduled to be adopted concurrently with the FLUM Amendments and Rezonings, now under review. With this amendment, there should be no problems complying with the Land Development Regulations. "P & Z Board Staff Report ,, FLUM Amendment & Rezoni[.~./for Redevelopment Area #2 Page 10 The subject property is not within a geographical area requiring review by the Community Redevelopment Agency, Downtown Development Authority or the Historic Preservation Board. Courtesy Notices: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: · President's Council · Progressive Residents of Delray (PROD) · Osceola Park HOA · Seacrest HOA · Lake Ida HOA · Harbourside HOA · Rio Delray Shores HOA Gateway HOA · West Side Heights HOA · Southridge HOA · Woods of Southridge HOA · Delray Beach Heights HOA · Ebony of Delray HOA · Atlantic Park Garden HOA · Lincoln Park HOA · Delray Merchants Association Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The existing RDA-2 (Redevelopment Area #2) FLUM designation was applied to the subject properties to act as a holding zone until a redevelopment plan for the area could be prepared. The Redevelopment Plan has been completed and is currently being processed through a comprehensive plan amendment. In order to be consistent with the Redevelopment Plan, the existing FLUM designation is being changed to CMR (Commerce), IND (Industrial) and CF-C (Community Facilities - Churches). These designations are consistent with the proposed zoning designations of MIC (Mixed Industrial & Commercial), I (Industrial), LI (Light Industrial) and CF (Community Facilities). Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. A. Continue with direction. ' P & Z Board Staff Report FLUM Amendment & Rezoni%.. Yor Redevelopment Area #2 Page 11 Bo Recommend to the City Commission approval of FLUM Amendments and rezonings of the subject parcels, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Recommend denial of the FLUM Amendments and Rezonings based on a failure to make positive findings and that the FLUM amendments and rezonings fail to fulfill one of the basis for which a FLUM Amendment or rezoning should be granted. Recommend to the City Commission approval of the proposed FLUM Amendments from RDA-2 (Redevelopment Area #2) to: · CMR (Commerce) for the parcels within "Area A" identified in Appendix A; · IND (Industrial) for the parcels within "Area B" identified in Appendix A; · CF-C (Community Facilities-Churches) for the parcel within "Area C" identified in Appendix A; based on positive findings with respect to Future Land Use Element Policy A -1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings),~ and the Goals, Objectives, and Policies of the Comprehensive Plan; and, 2. Recommend to the City commission approval of the following rezoning requests: · I (Industrial) to MIC (Mixed Industrial and Commercial) for the parcels in "Area D" identified in Appendix A; and · R~I-A (Single Family Residential) to LI (Light Industrial) for the parcels in "Area E" identified in Appendix A; based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: Future Land Use Map Zoning Map Appendix A - Legal Descriptions prepared by: Ron Hoqqard, Senior Planner FLUM AREA A: LOTS 1-16, INCLUSIVE, ESQUIRE SUBDIVISION, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 43, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-3, INCLUSIVE AND LOTS 6-11, INCLUSIVE, PLATT'S ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 47, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; # LOTS 7 & 8, BLOCK A; ALL OF BLOCK B; LOTS 3-8, INCLUSIVE, BLOCK C; AND ALL OF BLOCK D (LESS S. 158 FT. OF LOT 8), SUNNY ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 100 FT OF W 1/4 OF LOT 29 (LESS S 200 FT), OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 1/2 OF W 1/2 OF LOT 30 (LESS S 183 FT), OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; ALL OF THE PLAT OF LANDSCAPE TECHNIQUES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 75, PAGE 41, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; TRACT A, TENTH STREET COMMERCE PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 88, PAGE 121, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. FLUM AREA B: LOTS 1 & 2, BLK C, SUNNY ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. P & Z Board Staff Report FLUM Amendment & Rezoni%,~ {or Redevelopment Area #2 Page 13 FLUM AREA C: SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 1/4 OF LOT 29, OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. REZONING - AREA D: LOTS 3 & 4, BLOCK C, SUNNY ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. REZONING - AREA E: LOTS 9-16, INCLUSIVE, ESQUIRE SUBDIVISION, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 43, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOT 8, BLOCK D (LESS S. 158 FT), SUNNY ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 1/2 OF W 1/2 OF LOT 30, LYG EAST OF WALLACE DRIVE (LESS S 183 FT), OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. \\carolina\departments~planning & zoning~boards\p&z board\flum & rezoning-redevelopment~2.doc GC DELRA Y BEACH MEMORIAL GARDENS OS STREET MD FUTURE LAND USE MAP AMENDMENT CHANGES WITHIN REDEVELOPMENT AREA NO. 2 RDA-2 OVERALL 8OUNDARIES AREA TO BE AMENDE(~ AS "INDUSTRIAL AREA TO BE AMENDED AS 'COMMUNITY FACIDTIES- CHURCH (CF~;)' AREA TO BE AMENDED AS 'COMMERCE (CMR)' 10TH IPARK TEN ,.,ZRD ADD. POINSET~A DRIV~ LI AC MAROONE FORD MAROONE ~SSAN LINTON OUTBACK CIRCUIT Cl TY MAROONE DODGE ROSS OSR DELRA Y BEACH MEMORIAL GARDENS CF RM THE GR 0 VES ST. SOUTHRIDGE ~LLAGE CONDO BOULEVARD PLAZA APARTM£h REZONING CHANGES WITHIN REDEVELOPMENT AREA NO. 2 S CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #4 Southwest Neighborhood Redevelopment Area FLUM Amendment Staff Report SD ~4 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT-- MEETING DATE: AGENDA ITEM: ITEM: July 21, 2003 IV. A. (3.c.) Transmittal Hearing for Comprehensive Plan Amendment 2003-2 - FLUM Amendments and Rezonings Associated with the Southwest Neighborhood Redevelopment Plan. 'M I I I [ 11 1111111111111f f I'qW//~= I[llllllltilllllllilllll]~-l~-I~ Ittllt~~~l-~[~x I ~lii I I II~ GENERAL DATA: Owner ........................................... City Initiated Location ........................................ South of West Atlantic Avenue (and north of NW 1st Street), between SW 8~ Avenue and SW 12th Avenue; East and West sides of SW 5th Avenue, South of SW 1st Street; and, Northwest Comer of SW Ist Street and SW 4th Avenue. Property Size ................................. 4.45 Acres Future Land Use Map .................... MD (Medium Density Residential, 5-12 Units/Acre) Proposed FLUM ............................ GC (General Commercial) Current Zoning .............................. RM (Multiple Family Residential - Medium Density) Proposed Zoning ........................... GC (General Commercial) Adjacent Zoning .................. North: GC (General Commercial) East: MD (Medium Density Residential, 5-12 Units/Acre) South: MD (Medium Density Residential, 5-12 Units/Acre) West: MD (Medium Density Residential, 5-12 Units/Acre) Existing Land Use ........................ Single Family Residential, Multiple Family Residential, & Vacant Water Service ............................... Available to all properties. Sewer Service .................. : ............ Available to all properties. IV. A. {3.c.I Planning and zoning Board S?'<~eport FLUM Amendment and Rezor, ~j - Southwest Area Neighborhood Redevek.~,~nent Plan Page 1 The action before the Board is that of making a recommendation to the City Commission on proposed Future Land Use (FLUM) Amendments from MD (Medium Density Residential 5-12 du/ac to GC (General Commemial) and Rezonings from RM (Multiple Family Residential - Medium Density) to GC (General Commercial) associated with the Southwest Area Neighborhood Redevelopment Plan. The Future Land Use Map Amendments involve three areas totaling 4.45 acres (See attached Map): El Area A: Ten (10) parcels located approximately 400' south of West Atlantic Avenue, between SW 8th Avenue and SW 12~h Avenue (1.65 acres); Area B: Eight (81' parcels located on the east and west sides of SW 5th Avenue, south of SW 1s Street (1.4~6 acres). El Area C: Fourteen (14) parcels located at the northwest corner of SW 4th Avenue and SW 1st Street (1.34 acres). Pursuant to Section 2.2o2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments or Rezoning of any property within the City. At its meeting of June 3, 2003, the City Commission adopted the Southwest Area Neighborhood Redevelopment Plan, which establishes a blueprint for the revitalization and stabilization of the area. This area is ,~lenerally defined as the area bounded by West Atlantic Avenue on the north, SW 10u' Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. The Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The properties in question are located within the Southwest Area Neighborhood, which ovedaps the West Atlantic Avenue Redevelopment Area. Guidelines for redevelopment of this area are contained within the recently adopted Southwest Area Neighborhood Redevelopment Plan as well as the West Atlantic Avenue Redevelopment Plan (adopted in 1995) and Downtown Delray Beach Master Plan (adopted in 2002). The Southwest Area Neighborhood Redevelopment plan calls for mixed commercial, office and residential development south of the retail core along Atlantic Avenue, between SW 8~h Avenue and SW 12th Avenue (Northwest Quadrant). The plan also calls for significant redevelopment of properties along SW 5th Avenue, south of SW Ist Street, and the area west of SW 4~ Avenue, north of SW 1st Street to include neighborhood oriented retail and office uses, as well as a variety of housing types (Frog Alley area). Further, pursuant to the West Atlantic Avenue Redevelopment Plan Development . Planning and zoning Board St,~'' ,~eport FLUM Amendment and Rezo~. ,j - Southwest Area Neighborhood Redevek,~,ment Plan Page 2 Opportunities Section, the following is stated regarding the area at the northwest corner of SW 4~h Avenue and SW 1st Street (Block 29): "An opportunity also exists for the future rezoning of the rear portion of the block on SW 4~ Avenue to commercial. This small area, located between the Po/ice Station on the east side and the commercial area on the west may be better suited for commercial uses." REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant 'to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan. The proposed FLUM amendments will assign a Future Land Use Map designation of GC (General Commemial) and the proposed rezoning to GC (General Commemial) is consistent with this FLUM designation. These changes will accommodate mixed-use development with a potential for increased residential densities to a maximum of 30 units per acre subject to conditional use approval. Thus, positive findings can be made regarding consistency of the FLUM designations and zonings. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need.- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a Planning and zoning Board St.~',~eport FLUM Amendment and Rezo[.. ~- Southwest Area Neighborhood Redevek,~ment Plan Page 3 comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensify to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The adopted Southwest Area Neighborhood Redevelopment Plan includes recommendations for redevelopment of the subject properties. The proposed FLUM amendments and associated rezonings will fulfill proposed Future Land Use Element Policy C-1.7, which is being adopted as part of the City's comprehensive plan Amendment 2003-2, and states the following: Future Land Use Element Policy C-1.7 The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10~h Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the vadous plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. · Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. As stated above, the proposal will be consistent with the goals, objectives and policies of the City's Comprehensive Plan following adoption of Comprehensive Plan Amendment 2003 -2. Concurrency - Development at the highest intensity possible under the requested designation can meet the ;~dopted concurrency standards. The proposed FLUM and Zoning changes to GC will accommodate mixed use development as well as neighborhood oriented commercial development consistent Planning and zoning Board St' ~eport FLUM Amendment and Rezon,..~j - Southwest Area Neighborhood Redevelopment Plan Page 4 with the adopted Neighborhood Redevelopment Plan. The highest intensity possible under the requested GC designation will be mixed use development consisting of commercial and residential uses at a maximum density of 30 units per acre. This scenario would allow a total of 133 units, which represents an increased residential development potential of 80 units over that currently allowed under the existing MD land use designation (4.45 acre X 12 u/a = 53). Pursuant to the description of the General Commercial land use designation within the Future Land Use Element of the City's Comprehensive Plan, a maximum floor area ratio (FAR) of 3.0 is permitted for nonresidential uses in this area. This FAR is unlikely in this area given the land development requirements and its location adjacent to residential properties. City facilities such as water, sewer, and drainage have sufficient capacity to handle development of this area at the potential development intensity allowed under the proposed GC FLUM designation. Similarly, solid waste can be accommodated by existing County facilities. As the majority of the properties are located in the TCEA (Transportation Concurrency Exception Area), traffic is not an issue. The proposed 1.46 acre commercial area along SW 5th Avenue, extending 200' south of SW 1st Street, is not located within the TCEA. However, the development potential for this area is very limited, given the depth of the lots (approximately 135'). It is noted that the amendment will facilitate the construction of new housing in the downtown area, which will foster a development mix that is less auto dependent. The Open Space and Recreation Element of the Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards: A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pumuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. School concurrency will be addressed with future proposals for residential development, however the maximum additional 80 units is not anticipated to be a concern. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. As previously stated, the FLUM amendments and rezonings for these properties were anticipated with the adoption of the Southwest Areas Neighborhood Redevelopment Plan. Also, the West Atlantic Avenue Redevelopment Plan anticipated rezoning of the properties at the northwest comer of SW 1st Street and SW 4th Avenue to commercial. The area at the northwest corner of SW Ist Street and SW 4th Avenue abuts commercial property to the north and west and is adjacent to the City's police Station on the east. The property is also separated from the RM zoned property to the south by SW 1st Street and faces a City drainage retention area. The commercial properties which will extend 200' south of SW 1st Street have narrow depths, thus their development potential is limited. The FLUM amendment Planning and zoning Board St Teport FLUM Amendment and Rezon,, ,~ - Southwest Area Neighborhood Redevelopment Plan Page 5 for the properties between SW 8th Avenue and SW 12th Avenue results in "squaring-off" the GC zoned portion to a depth of 400' to better accommodate redevelopment. There are development regulations currently in place to mitigate any potential impacts with adjacent properties. Based upon the above, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Compliance -- Development under* the requested designation will comply with the provisions and requirements of the Land Development Regulations, All future development within the requested designation will comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use or site plan request as applicable. REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.1 (Basis for Determining Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezonin.q Actions): Standards A, B, C and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: · Planning and zoning Board St 7eport FLUM Amendment and Rezon,, ,g - Southwest Area Neighborhood Redevelopment Plan Page 6 (O) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As previously stated, the FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan. As discussed under Future Land Use Element Policy A-1.7, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Also, there are development regulations currently in place to mitigate any potential impacts with adjacent properties. Section 2.4.5(D)(5) (Rezonin_cl Findin_~s): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the proposed rezonings are "b" and "c': based on the following: The proposed rezonings are required to implement the provisions of the Southwest Area Neighborhood Redevelopment Plan. In order to implement the development scenarios identified in the Plan, rezoning of the subject properties is appropriate as there has been a change in cimumstances which make the current zoning inappropriate. Also, the GC zoning is more appropriate given the proposed FLUM designation. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. No formal land development application has been received for the subject property. Any proposed development will need to comply with the Land Development Regulations. · Planning and zoning Board St Teport FLUM Amendment and Rezoh., .g - Southwest Area Neighborhood Redeve~ul)ment Plan Page 7 Community Redevelopment Agency: At its meeting of July 16, 2003, the Community Redevelopment Agency reviewed and recommended approval of the FLUM amendments and rezonings to General Commercial (GC). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: Atlantic Park Gardens · Ebonyof Delray · Lincoln Park · Delray Merchants Association · PROD (Progressive Residents of Delray) · Presidents Council Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. A. Continue with direction. Recommend to the City Commission approval of FLUM Amendments and Rezoning to the subject parcels, based on positive findings with respect to Future Land Use Element Policy A -1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), the adopted Southwest Area Neighborhood Redevelopment Plan and the Goals, Objectives and Policies of the Comprehensive Plan. Recommend denial of the FLUM Amendments and Rezonings based on a failure to make positive findings and that the FLUM amendments and rezonings fail to · Planning and zoning Board St* .'~eport FLUM Amendment and Rezo~....~j - Southwest Area Neighborhood Redeve~,~,ment Plan Page 8 fulfill one of the basis for which a FLUM amendment or rezoning should be granted. Recommend to the City Commission approval of the proposed FLUM Amendment from MD (Medium Density Residential 5 - 12 du/ac) to GC (General Commercial) and Rezoning from (Multiple Family Residential - Medium Density) to GC (General Commercial) for the following: [3 Area A: Ten (10) parcels located approximately 400' south of West Atlantic Avenue, between SW 8~h Avenue and SW 12th Avenue (1.65 acres); Area B: Eight (8) parcels located on the east and west sides of SW 5th Avenue, south of SW 1st Street (1.46 acres); Area C: Fourteen (14) parcels located at the northwest comer of SW 4th Avenue and SW Ist Street (1.34 acres); based on positive findings with respect to Future Land Use Element Policy A -1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), the adopted Southwest Area Neighborhood Redevelopment Plan and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: · Proposed Future Land Use Map Amendments · Proposed Rezonings o~ ~ ~ ~ .... ~ I oS.w. 9m ~ A~. ~ z ~ ~ ~ ~ m ITl Z 0 m rlT¥ DF DELRI ¥ BEKlrH DELRAY BEACH ~U~-mnerlcaC~ 1993 2001 CITY CLERK 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 CERTIFICATION I, BARBARA GARITO, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Ordinance No. 20-03, as the same was passed by the Delray Beach City Commission in regular session on the 5th of August, 2003. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 8~h day of August, 2003. Barbara Garito,CMC City Clerk City of Delray Beach, Florida (s _~.AL) THE EFFORT ALWAYS MATTERS TO: THRU: FROM SUBJECT: DAVID T. HARDEN CITY MANAGER r-, MEETING OF AUGUST5~ 2003 - FIRST READING AND TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 2003-2 (03-2). The City Commission initiated Comprehensive Plan Amendment 03-2 on July 8, 2003. The initiation included a Text Amendment to allow increased density up to 30 units per acre in the Northwest Quadrant of the Southwest Area Neighborhood Redevelopment Plan area and this has been removed. A City initiated amendment, regarding the adoption of the Wallace Drive Redevelopment Plan, has been added. The remaining items in the Plan Amendment consist of two City Initiated Future Land Use Map amendments, a privately initiated Future Land Use Map amendment and two text changes, and table updates. Full analysis of each of the following items is contained in the attached documentation. The Planning and Zoning Board held its public hearing regarding the amendment on July 21, 2003. During the Public Hearing, several residents made comments related to specific elements of the amendment. These are discussed within the attached individual City Commission documents. After discussion, the Planning and Zoning Board voted unanimously (4-0, Sowards stepped down; Krall and Pike absent) to recommended the City Commission approve the amendment on first reading and transmit Comprehensive Plan Amendment 03-2 to the Florida Department of Community Affairs. By motion, approve on first reading, Ordinance No. 20-03, adopting Comprehensive Plan Amendment 03-2, based on positive findings that it supports and furthers the Goals, Objectives and Policies of the Comprehensive Plan, and transmit the Amendment, containing the material in the staff report and attachments to the Florida Department of Community Affairs. Attachments: · Summaryof Comp Plan Amendment 03-2 · Comprehensive Plan Amendment 03-2 ORDINANCE NO. 20-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2003-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALT. AS MORE PARTICULARLY DESCRiBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2003-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Deltay Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entifled "Comprehensive Plan Amendment 2003-2; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on July 21, 2003, 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 2003-2 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2003-2 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 2003-2 was held by the City Commission on August 5, 2003, at which time it was authorized to be transmitted to the Depamnent of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2003-2 was found to be in compliance by the Florida Department of Community Affairs and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, following due public notice, the second of two required public heatings on Comprehensive Plan Amendment 2003-2 was held on November 4, 2003, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DI~.I.RAy 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 2003- 2, which is attached hereto as Exhil~lt "A" and incorporated herein by reference. Section 3. That the document entided "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document enfided "Comprehensive Plan Amendment 2003-2. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Dep~Unent of Community Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 2 ORD. NO. 20-03 PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ,2003. ATtt~ST MAYOR City Clerk First Reading Second Readin~ 3 ORD. NO. 20-03 WALLACE DRIVE INDUSTRIAL AREA REDEVELOPMENT PLAN The Wallace Drive Industrial Area is currently designated as Redevelopment Area #2. A redevelopment Plan for the area is required pursuant to Comprehensive Plan Future Land Use Element Policy C-2.3. The area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. TEXT AMENDMENTS: · Modification of Future Land Use Element Policy C-2.3 to Reflect Adoption of a Redevelopment Plan for Redevelopment Area #2 (Wallace Drive Industrial Area). · Creation of Future Land Use Element Policy C-1.7 to Reflect Completion of a Neighborhood Redevelopment Plan for the Southwest Area. PRIVATELY INITIATED FUTURE LAND USE MAP AMENDMENT: Future Land Use Map Amendment for a 0.509 acre portion of Delray Harbor Club condominium development from TRN (Transitional) in part, and OS-C (Open Space- Conservation) in part, to MD (Medium Density Residential 5-12 du/ac), located on the east side of US Highway No 1, approximately 650 feet south of SE 10th Street. CITY INITIATED FUTURE LAND USE MAP AMENDMENTS: Future Land Use Map amendment for the Wallace Drive Redevelopment Area from RDA-2 (Redevelopment Area # 2) to CMR (Commerce) in part, IND (Industrial) in part, and CF-C (Community Facilities-Churches) in part, pursuant to the Wallace Drive Redevelopment Plan. Future Land Use Map Amendment from MD (Medium Density Residential 5-12 du/ac) to GC (General Commercial) for the following areas pursuant to the Adopted Southwest Area Neighborhood Redevelopment Plan: i) South of West Atlantic Avenue (and north of SW 1st Street), between SW 8th Avenue and SW 12th Avenue; ii) East and West sides of SW 5th Avenue, South of SW 1st Street; and, iii) Northwest Corner of SW 1st Street and SW 4th Avenue. TO: THRU: FROM: SUBJECT: DAVID T- HARD. i~I~TY~ PAUL DORLING, DIRECTOR OF I~ANNING AND ZONING RON HOGGARD, SENIOR PLAN N ER~k/~. MEETING OF AUGUST 5, 2003 ADOPTION OF THE WALLACE DRIVE INDUSTRIAL AREA REDEVELOPMENT PLAN In February, 2003, a privately initiated proposal was submitted to rezone 1.4 acres, within the redevelopment area, from R-1-A (Single Family Residential) to MIC (Mixed Industrial & Commercial). Policy C-2.1 of the Future Land Use Element states that if a private development proposal is received for a Redevelopment Area, one of two options may be pursued: preparation of the Redevelopment Plan shall be accelerated and the development proposal delayed until the plan is adopted, or the development proposal can be evaluated on its own merits with the existing Comprehensive Plan policies guiding the disposition of the request. Since the proposed zoning would have impacted the overall area, it was necessary to accelerate preparation of the Redevelopment Plan. The intent of this plan to make the Wallace Drive Redevelopment Area a unique place that will encourage the development of light industrial, limited commercial and office uses in an urban setting. This, in turn, should serve as a catalyst to increase property values and increase the City's employment base in the industrial, manufacturing and trade sectors. The Plan includes specific recommendations related to the following: FLUM Amendments & Rezonings; Infrastructure Improvements; Enhanced Code Enforcement; Aesthetic Improvements/Design; Marketing; Funding; and Implementation. Additional background is provided in the attached Planning & Zoning Board staff report and a copy of the plan is included with this report for review. Redevelopment Area #2 is not within a geographical area requiring review by the Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA) or the Historic Preservation Board (HPB). A meeting was held on June 19, 2003 to discuss the Plan with the property owners within the area. The property owners who attended the meeting were generally supportive of the planning effort. Planning and Zoning Board (P&Z) The Planning and Zoning Board reviewed the proposed Plan at its meeting of July 21, 2003. Several property owners in the area spoke in favor of the Plan. After reviewing the staff report and discussing the proposal, the Board unanimously voted 5-0 (Woehlkens and Morris absent) to recommend that the Plan be approved. By motion, approve the Wallace Drive Industrial Area Redevelopment Plan, associated with Comprehensive Plan Amendment 2003-02, based on positive findings that it supports and furthers the Goals, Objectives and Policies of the Comprehensive Plan. \\carolina\departments\planning & zoning\boards\city commission\wallace drive redevelopment plan.doc TO: THRU: FROM: SUBJECT: DAVID T' I~z4~TY~G-ER PAUL DORLING, DIRECTOI~O~r PLANNING AND ZONING MEETING OF AUGUST 5, 2003 PRIVATELY SPONSORED FUTURE LAND USE MAP (FLUM) AMENDMENT FROM TRN (TRANSITIONAL) IN PART AND OS-C (OPEN SPACE,~ CONSERVATION) IN PART TO MD (MEDIUM DENSITY RESIDENTIAL 5-'12 DWELLING UNITS PER ACRE) FOR A 0.509 ACRE PARCEL LOCATED ON THE EAST SIDE OF SOUTH FEDERAL HIGHWAY APPROXIMATELY 650 FEET SOUTH OF SE 10TM STREET. The subject property consists of the Corniche Replat I, less and except Tract "A" and contains 0.509 acres. The property is currently vacant. The applicant (Delray Harbor Club) proposes to use the property for a new entrance feature to the existing condominium and will install a gate house, guest parking and landscaping areas. The Future Land Use Map amendment from TRN (Transitional) in part and OS-C (Open Space, Conservation) in part to MD (Medium Density Residential 5-12 dwelling units per acre), is part of the City's Comprehensive Plan Amendment 2003-2. A rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential) is accompanying this request and will be considered by Commission when the Land Use Map Amendment returns from State Review. Additional background and an analysis of the FLUM amendment and rezoning are provided in the attached Planning and Zoning Board staff report. At its meeting of July 21, 2003, the Planning and Zoning Board held a public hearing in conjunction with the Rezoning and FLUM amendment requests. A representative for the Harborside Condominium development expressed concerns with the future boat ramp development of the FIND (Florida Inland Navigational District) parcel, however expressed no objections to this specific proposal. After reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0 (Sowards stepped down; Woehlkens and Morris absent) to recommend that the requests be approved, based on based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. By motion, approve the proposed Future Land Use Map (FLUM) Amendment, associated with Comprehensive Plan Amendment 2003-02, from TRN (Transitional) in part, and OS-C (Open Space, Conservation) in part, to MD (Medium Density Residential 5-12 dwelling units per acre), based on positive findings with respect to Futura Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Attachments: P & Z Staff Report of July 21,2003 TO: THRU: FROM: SUBJECT: .o..OGGARD, SE.IOR ' MEETING OF AUGUST 5, 2003 CITY INITIATED FUTURE LAND USE MAP (FLUM) AMENDMENT FOR THE WALLACE DRIVE REDEVELOPMENT AREA FROM RDA-2 (REDEVELOPMENT AREA #2) TO CMR (COMMERCE) IN PART, IND (INDUSTRIAL) IN PART, AND CF-C (COMMUNITY FACILITIES-CHURCHES) IN PART. The Wallace Drive Industrial Area is designated as Redevelopment Area #2. It is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. Two- thirds of the area is located west of Wallace Drive, which bisects the area, running diagonally from northeast to southwest. The proposed Future Land Use Map amendments are required to implement the Redevelopment Plan for the area. The proposed rezonings are accompanying this request and will be considered by the Commission when the Land Use Map Amendment returns from State Review. Additional background and an analysis of the FLUM amendment and rezoning are provided in the attached Planning and Zoning Board staff report. At its meeting of July 21, 2003, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendment and Rezoning requests. Several property owners in the area spoke in favor of the requests. One property owner expressed a concern that the development standards for the proposed Light Industrial zoning district would be too stringent on the smaller lots within the redevelopment area. Staff explained that an overlay district would be created to amend the development standards, and that this would take place concurrently with final reading of the Future Land Use Map amendment and rezoning ordinances. After reviewing the staff report and discussing the proposal, the Board unanimously voted 5-0 (Woehlkens and Morris absent) to recommend that the FLUM Amendment and Rezoning requests be approved, based on based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. By motion, approve the proposed Future Land Use Map (FLUM) Amendment, associated with Comprehensive Plan Amendment 2003-02, from RDA-2 (Redevelopment Area #2) to CMR (Commerce) in part, IND (Industrial) in part, and CF-C (Community Facilities-Churches) in part, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Attachments: · P & Z Staff Report of July 21, 2003 TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER JEFFREY A. COSTELLO, PRINCIPAL PLANNE~ MEETING OF AUGUST 5, 2003 CITY INITIATED FUTURE LAND USE MAP (FLUM) AMENDMENTS FROM MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC TO GC (GENERAL COMMERCIAL) ASSOCIATED WITH THE SOUTHWEST AREA NEIGHBORHOOD REDEVELOPMENT PLAN. At its meeting of June 3, 2003, the City Commission adopted the Southwest Area Neighborhood Redevelopment Plan, which establishes a blueprint for the revitalization and stabilization of the area. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The Southwest Area Neighborhood Redevelopment plan calls for mixed commercial, office and residential development south of the retail core along Atlantic Avenue, th th between SW 8 Avenue and SW 12 Avenue (Northwest Quadrant). The plan also calls for significant redevelopment th st th st of properties along SW 5 Avenue, south of SW 1 Street, and the area west of SW 4 Avenue, north of SW 1 Street to include neighborhood oriented retail and office uses, as well as a variety of housing types (Frog Alley area). The Future Land Use Map amendment from MD (Medium Density Residential 5-12 du/ac) to GC (General Commercial) is part of the City's Comprehensive Plan Amendment 2003-2. The rezonings from RM (Multiple Family Residential - Medium Density) to GC (General Commercial) are accompanying the request and will be considered once the Comprehensive Plan Amendment is reviewed by the Florida Department of Community Affairs (DCA). Additional background and a detailed analysis of the FLUM amendments and rezonings are provided in the attached Planning and Zoning Board staff report. At its meeting of July 21, 2003, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendments and Rezonings. Public testimony was provided both in support of and in opposition to the requests. The testimony in opposition to the request primarily related to concerns over displacement of residents as a result of redevelopment. After reviewing the staff report and discussing the FLUM amendment and rezoning, the Board unanimously voted 5-0 (Woehlkens and Morris absent) to recommend to the City Commission approval of the proposed FLUM Amendments from MD (Medium Density Residential 5 - 12 du/ac) to GC (General Commercial) and Rezoning from (Multiple Family Residential - Medium Density) to GC (General Commercial) for the following: · Area A: Ten (10) parcels located approximately 400' south of West Atlantic Avenue, between SW 8th Avenue and SW 12th Avenue (1.65 acres); · AreaB: Eight (8) parcels located on the east and west sides of SW 5th Avenue, southof SWlS~Street(1.46 acres); · Area C: Fourteen (14) parcels located at the nerthwest corner of SW 4th Avenue and SW 1st Street (1.34 acres); By motion, approve the proposed Future Land Use Map (FLUM) Amendments, associated with Comprehensive Plan Amendment 2003-02, from MD (Medium Density Residential 5-12 du/ac) to GC (General Commercial), based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), the adopted Southwest Area Neighborhood Redevelopment Plan and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: P & Z Staff Report of July 21,2003 & Ordinance by Others CITY OF DELRAY BEACH, FLORIDA Planning & Zoning Board Transmittal Public Hearing July 21, 2002 City Commission Transmittal Public Hearing August 5, 2003 Page 2 3 3 3 CITY OF DELRAY BEACH, FLORIDA ~ TABLE OF CONTENTS ~ REDEVELOPMENT PLAN Adoption of the Wallace Drive Redevelopment Plan TEXT CHANGES - (CITY INITIATED) Policy C-1.7, Future Land Use Element (Completion of Southwest Area Neighborhood Redevelopment Plan) Policy C-2.3, Future Land Use Element (Completion of Redevelopment Plan for the Wallace Drive Industrial Area) AMENDMENTS TO THE FUTURE LAND USE MAP - (PRIVATELY INITIATED) Delray Harbor Club AMENDMENTS TO THE FUTURE LAND USE MAP - (CITY INITIATED) Redevelopment Area #2 (Wallace Drive Industrial Area) Southwest Neighborhood Redevelopment Area CITY OF DELRAY BEACH, FLORIDA REDEVELOPMENT PLAN WALLACE DRIVE INDUSTRIAL AREA REDEVELOPMENT PLAN The Wallace Drive Redevelopment Area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. The area had developed under County jurisdiction into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. The Redevelopment Plan encourages the development of light industrial, limited commercial and office uses in an urban setting. The Plan establishes land use designations for the Redevelopment Area and encourages aggregation of parcels to accommodate unified development. See Support Document #1 -Wallace Drive Industrial Area Redevelopment Plan staff report and draft Redevelopment Plan. CITY INITIA TED TEXT CHANGES FUTURE LAND USE ELEMENT 1) Location: Pg. FL-31, Policy C-1.7 (Southwest Area Neighborhood Redevelopment Plan) ADD Policy C-'1.7 The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10th Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. Comment: This Policy is being added to reflect adoption of the Southwest Area Neighborhood Redevelopment Plan and state that future development must be in accordance with the provisions of the Redevelopment Plan. 2) Location: Pg. FL-32, Policy C-2.3 (Wallace Drive Industrial Area Redevelopment Plan) Policy C-2.3 The following pertains to the Wallace Drive Industrial Area: This area shall be primarily industrial (LI Zoning) with an emphasis on commerce uses (PCC, MIC zone districts). The City, through its water and sewer capital improvement program, shall install water and sewer mains throughout the area. Unimproved and underimproved rights-of-way shall be abandoned when it facilitates the aggregation of parcels and larger scale development provided that the right-of-way is not essential for traffic flow purposes. Support uses for the existing automobile dealership uses are encouraged. All commercial uses shall be allowed with the exception of "strip-type" development along Wallace Drive which is not desired because of traffic conflicts along this collector street. This redevelopment plan shall be prepared in FY 99/2000 and shall be adopted through a comprehensive plan amendment. [Revised by Amendment 9g-l] Change: REVISION The Wallace Drive Redevelopment Area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tanqelo Terrace on the west. The area had developed under County jurisdiction into a (2) mix of incompatible land uses with limited public infrastructure and little or no code enforcement. The Redevelopment Plan encouraqes the development of li.qht industrial, limited commercial and office uses in an urban settinq. The Wallace Drive Industrial Area Redevelopment Plan was adopted by City Commission on November 4, 2003. The Plan establishes proposed land use designations for the Redevelopment Area. Future development must be in accordance with the provisions of the Redevelopment Plan. A,q.qre,qation of parcels is encoura.qed throu.qhout the Redevelopment Area to accommodate unified development. Comment: With the adoption of the plan information with respect to what will be included in the Plan can be eliminated. Further, a statement that all future development in the Redevelopment Area is to be consistent with the adopted plan must be added. See Support Document #1 - Wallace Drive Industrial Area Redevelopment Plan staff report and draft Redevelopment Plan. AMENDMENTS TO THE FUTURE LAND USE MAP I PRIVATELY INITIA TED FUTURE LAND USE MAP AMENDMENT: Privately initiated Future Land Use Map amendment for approximately 0.509 acres associated with Delray Harbor Club from TRN (Transitional) and OS-C (Open Space, Conservation) to MD (Medium Density Residential 5-12 Units/Acre). See Support Document #2 - Delray Harbor Club Future Land Use Map Amendment staff report. CITY INITIA TED FUTURE LAND USE MAP AMENDMENTS: City initiated Future Land Use Map amendment for approximately 45.5 acres from RDA-2 (Redevelopment Area # 2) to CMR (Commeme) in part, IND (Industrial) in part and CF-C (Community Facilities - Churches) in part, pursuant to a Redevelopment Plan for the area. See Support Document #3 - Redevelopment Area #2 (Wallace Drive Industrial Area) Future Land Use Map Amendment staff report. City initiated Future Land Use Map amendment from MD (Medium Density Residential 5-12 DU/AC) to GC (General Commercial) in the following areas, pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan: (3) * Northwest Quadrant (from 1-95 to SW 8th Avenue, between Atlantic Avenue and SW 3r~ Street) - Expansion of the GC (General Commercial) designation approximately 400' from West Atlantic Avenue, between SW 8th Avenue and SW 12th Avenue; * Frog Alley - Expansion of the GC designation to a depth of approximately st · 1/3 block south of SW 1 Street, on the East and West s~des of SW 5~ Avenue; and, Expansion of the GC (General Commercial) designation to include the northwest corner of SW 4th Avenue and SW 1st Street. See Support Document g4 - Southwest Neighborhood Redevelopment Area Future Land Use Map Amendment staff report. s:\planning & zoning~longrange\comp~amend 03-2\03-2 maindoc city commission xmit.doc (4) CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #1 Wallace Drive Industrial Area Redevelopment Plan Staff Report and draft Redevelopment Plan MEETING OF: AGENDAITEM: JULY 21, 2003 IV.A.1. REDEVELOPMENT PLAN FOR WALLACE DRIVE INDUSTRIAL AREA The item before the Board is that of making a recommendation to the City Commission regarding the proposed Redevelopment Plan for the Wallace Drive Industrial Area. Development within the redevelopment area began in the late 1940s when the area was located on the fringe of the City of Delray Beach, in unincorporated Palm Beach County. Residential development continued at a slow pace into the 1970s with a development pattern that was rural in nature with unpaved roads and no public utilities. In the late 1970s, industrial uses began to be developed west of this area along the Interstate 95 corridor. Automotive-related uses including repair, towing and storage facilities, along with other industrial uses in this area generated noise and commercial traffic through the residential neighborhood. This had a significant effect on the character of the area and the neighborhood declined. By the late 1980s the entire industrial area to the west had been developed. The area was annexed into the City via the Enclave Act (Enclave #31A), on June 28, 1988. Under County jurisdiction, the area had evolved into a mix of incompatible land uses with limited public infrastructure and little or no code enfomement. As a result, most of the area had deteriorated to a point where private investment had virtually stopped. The area east of Wallace Drive (then Germantown Road) was characterized by single family homes, a few vacant lots and an abandoned gas station site at the southeast corner of SW 10th Street and Wallace Drive. Except for a convenience store located at the southwest corner of SW 10th Street and Wallace Drive, the area west of Wallace Drive was primarily single family homes and vacant lots bordered on the west by industrial uses. The Future Land Use Element of the City's Comprehensive Plan identifies several older areas of the City that, due to substandard infrastructure, obsolete or inappropriate uses of land, vacant and dilapidated structures, and other similarly blighting conditions, are in need of special attention in the form of a "Redevelopment Plan." Goal Area "C" of the Future Land Use Element represents the starting block upon which its implementation strategy has been built. It is stated as follows: Planning and Zoning Board Memorandum Staff Report Wallace Drive Redevelopment Plan Page 2 BLIGHTED AREAS OF THE CITY SHALL BE REDEVELOPED AND RENEWED AND SHALL BE THE MAJOR CONTRIBUTING AREAS TO THE RENAISSANCE OF DELRA Y BEACH. The purpose of a Redevelopment Plan is to identify the specific deficiencies and assets of a designated area, evaluate the existing and potential uses, and identify specific measures for arresting decline, facilitating new development, and enhancing the quality of life for residents of the area. These areas are depicted on the Future Land Use Map as Redevelopment Areas #1 through #6. The "Redevelopment Area" designation acts as a holding zone for each site, until an appropriate Future Land Use Map designation can be assigned that is consistent with an adopted Redevelopment Plan. The Wallace Drive Industrial Area is designated as Redevelopment Area #2. The following language, excerpted from Future Land Use Element Policy C-2.3 in the City's Comprehensive Plan, gives a description of the program: Po/icy C-2.3: The following pertains to the Wallace Drive Industrial Area: This area shaft be primarily industrial (LI Zoning) with an emphasis on commerce uses (PCC, MIC zone districts). The City, through its water and sewer capital improvement program, shall install water and sewer mains throughout the area. Unimproved and underimproved rights-of-way shall be abandoned when it facilitates the aggregation of parcels and larger scale development provided that the right-of-way is not essential for traffic flow purposes. Support uses for the existing automobile dealership uses are encouraged. All commercial uses shall be allowed with the exception of "strip-type" development along Wallace Drive which is not desired because of traffic conflicts along this collector street. Since annexation and adoption of the Comprehensive Plan, there has been considerable public investment to prepare the area for redevelopment, including the installation of water and sewer mains throughout the area as well as street improvements along Poinsettia Drive and Georgia Street in 1992 and the extension of SW 10th Avenue and associated retention areas in the mid 1990s. In the late 1990s, private monies funded the construction of Milfred Street in conjunction with a development proposal associated with the Ford dealership. Most recently, private development resulted in the construction of a portion of Lime Lane and Royal Palm Drive. Within the past five years, there has been a surge of private investment in the area resulting in the construction of several industrial projects including 10th Street Commerce Center, Tropic Supply, ABA Custom Cabinets and Profiles in Concrete. In February, 2003, a privately initiated proposal was submitted to rezone 1.4 acres, within the redevelopment area, from R-1-A (Single Family Residential) to MIC (Mixed Industrial & Commercial). Policy C-2.1 of the Future Land Use Element states that if a private development proposal is received for a Redevelopment Area, one of two options may be pursued: preparation of the Redevelopment Plan shall be accelerated and the Planning and Zoning Board Memorandum Staff Report Wallace Drive Redevelopment Plan Page 3 development proposal delayed until the plan is adopted, or the development proposal can be evaluated on its own merits with the existing Comprehensive Plan policies guiding the disposition of the request. Since the proposed zoning would have impacted the overall area, it was necessary to accelerate preparation of the Redevelopment Plan. The Wallace Drive Redevelopment Plan creates the framework for the futura redevelopment of an area which was originally annexed into the City under the Enclave Act in 1988. The area had developed under County jurisdiction into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. As a result, most of the area had deteriorated to a point where private investment had virtually stopped. The Redevelopment Area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. Two-thirds of the area is located west of Wallace Drive, which bisects the area, running diagonally from northeast to southwest. This area is currently identified as Redevelopment Area #2 in the City's Comprehensive Plan. The purpose of this Redevelopment Plan is to meet the intent in Future Land Use Element Policy C-2.3, which requires a Redevelopment Plan be developed and recommendations be included. These recommendations can be used by the City of Delray Beach to encourage new development. The Plan is divided into three sections: The Introduction describes the Study Area, a brief history of the area, and what led to the existing conditions. This section also discusses the Future Land Use Element Policy in the Comprehensive and includes the purpose of the Redevelopment Plan and a summary of the planning process that guided it. The Existing Conditions section discusses the Wallace Drive Area in terms which reflect on its marketability for business development. This includes a brief description of the existing land uses, zoning, Future Land Use, housing, ownership, and vacant land. This section also looks at the infrastructure in the Redevelopment Area, including, water, sewer, drainage, streets, sidewalks and lighting. The Redevelopment Plan section outlines the potential plan for development and redevelopment of the properties within the Redevelopment Area. The section establishes recommendations for the enhancement of the area. These recommendations work toward making the area more marketable for business development while protecting the surrounding uses from greater impacts. It is the intent of this plan to make the Wallace Drive Redevelopment Area a unique place that will encourage the development of light industrial, limited commercial and office uses in an urban setting. This, in turn, should serve as a catalyst to increase property values and increase the City's employment base in the industrial, manufacturing and trade sectors. While the Wallace Drive Area has remained in its Planning and Zoning Board Memorandum Staff Report Wallace Drive Redevelopment Plan Page 4 existing state for many years, the area has always had great potential. The City of Delray Beach Planning and Zoning Department recognized the potential and assigned this area a redevelopment designation. The unique opportunity that is facing the City and this particular Redevelopment Area is that the City will most likely not need to have any major intervention. The private sector will be the driving force behind the revitalization of the Redevelopment Area, which has already started to occur. This plan will give private property owners and developers a clear understanding of what the future could hold if they develop in the prescribed manner as suggested by this plan. Recommendations for the Redevelopment Area will require the City to initiate changes to the Future Land Use Map eliminating the Redevelopment Area # 2 designation, and assign new Future Land Use Map and corresponding Zoning designations. Recommended designations are discussed below: FUTURE LAND USE MAP A Future Land Use Map Amendment will need to be processed to eliminate the Redevelopment Area #2 classification for the entire area and establish the recommended Future Land Use Map designations. This will be initiated by the City and processed as part of Comprehensive Plan Amendment 2003-2. The three recommended Future Land Use Map designations are: CF-C - Community Facilities - Church: The Calvary Bible Missionary Baptist Church parcel, located south of SW lOth Street, between SW 8th and SW 9th Streets - approximately 4 acres. This change is required to accommodate the existing use. The property is currently zoned CF (Community Facilities), which is consistent with this designation. IND - Industrial: Orkin Pest Control, located at the northeast corner of Georgia Street and Tangelo Terrace - approximately 0.7 acres. This change is required to accommodate the existing use. The property is currently zoned I (Industrial), which is consistent with this designation. CMR - Commerce: The remainder of the Redevelopment Area on both sides of Wallace Drive - approximately 29.6 acres. This designation is required to accommodate existing non-residential uses west of Wallace Drive and proposed industrial development east of Wallace Drive. The MIC (Mixed Industrial & Commercial) zoning on most of the property west of Wallace Drive, is consistent with this designation. The remaining parcels, 36 of which are currently zoned R-1-A (Single Family Residential) and 2 of which are zoned I (Industrial), are not consistent with this designation and will be rezoned to LI (Light Industrial) and MIC (Mixed Industrial & Commercial). ZONING The properties located with in the Redevelopment Area are currently zoned MIC (Mixed Industrial & Commercial), I (Industrial) and R-1-A (Single Family Residential). The Planning and Zoning Board Memorandum Staff Repod Wallace Drive Redevelopment Plan Page 5 following rezonings will be required for consistency with the Future Land Use Map designations. They will be initiated by the City and process concurrent with the FLUM amendments. Rezoning of 2 parcels from I (Industrial) to MIC (Mixed Industrial & Commercial) - located approximately 100 feet east of Tangelo Terrace, between Poinsettia Drive and Georgia Street - approximately 0.7 acres. This change is being made to facilitate redevelopment of the existing single-family homes on these parcels. The existing sites do not meet the required minimum lot size requirement. Rezoning of 36 parcels from R-1-A (Single Family Residential) to LI (Light Industrial) - located east of Wallace Drive - approximately 8.5 acres. This change is being made to accommodate the proposed light industrial uses for the area. Of the 36 parcels, 30 are vacant or are used for roadways or drainage retention areas. The six existing single family residences are located between Wallace Drive and SW 10th Avenue, which are City Collector roadways. Several of these residences currently contain Landscape Maintenance businesses and have a quasi-industrial character. LAND DEVELOPMENT REGULATIONS An LDR text amendment will be necessary to create an overlay district which amends the development standards for the LI zoning district within the Redevelopment Area to reduce the minimum development area, lot size, lot dimensions and tenant space requirements. The overlay will also include provisions to increase the front setback for properties fronting on Wallace Drive. Although aggregation of parcels is encouraged, this accommodation will be necessary to allow development on smaller parcels where aggregation is not possible. The modified development standards will be similar to those in the adjacent MIC zoning district. OTHER RECOMMENDATIONS The Plan includes many specific recommendations related to the following: · Infrastructure Improvements; · Enhanced Code Enforcement; · Aesthetic Improvements/Design; · Marketing; · Funding; and · Implementation steps A copy of the plan is included with this report for review. Redevelopment Area #2 is not within a geographical area requiring review by the Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA) or the Historic Preservation Board (HPB). A meeting was held on June 19, 2003 Planning and Zoning Board Memorandum Staff Repod Wallace Drive Redevelopment Plan Page 6 to discuss the Plan with the property owners within the area. The property owners who attended the meeting were generally supportive of the planning effort. By motion, recommend to the City Commission adoption of the proposed Wallace Drive Redevelopment Plan. s:\planning & zoning\boards\p&z board\wallace drive redevelopment plan.doc CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #2 Delray Harbor Club Future Land Use Map Amendment Staff Report SD #2 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: July 21, 2003 IV. A. (3a.) Future Land Use Map Amendment From TRN (Transitional) In Part and OS-C (Open Space-Conservation) In Part To MD (Medium Density Residential 5-12 du/ac) and Rezoning From POD (Professional Office District) In Part and CD (Conservation District) In Part To RM (Multiple Family Residential -Medium Density) For a 0.509 Acre Portion of Delray Harbor Club Condominium Development (Quasi-Judicial Hearing). GENERAL DATA: Owner/Applicant ......................... Delray Harbor Club Agent .......................................... Robert G. Currie Partnership, Inc. - Jose Aguila, AIA Location ...................................... Located on the east side of U.S. Highway No 1, approximately 650 feet south of S.E. 10th Street. Property Size .............................. 0.509 Acres Future Land Use Map ................ TRN (Transitional) & OS-C (Open Space - Conservation) Proposed FLUM .......................... MD (Medium Density Residential, 5-12 Units/Acre) Current Zoning ............................ POD (Professional Office District) & CD (Conservation District) Proposed Zoning ........................ RM (Medium Family Residential - Medium Density) Adjacent Zoning ................ North: RM (Medium Family Residential - Medium Density) East: CD (Conservation District) South: POD (Professional Office District) West: MH (Mobile Home) & PC Planned Commercial) Existing Land Use ...................... Vacant Proposed Land Use .................... FLUM Amendment and Rezoning. Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. LINTON SLVD. IV. A. (3a.) The action before the Board is that of making a recommendation to the City Commission on a privately sponsored Future Land Use Map (FLUM) Amendment from TRN (Transitional) in part and OS-C (Open Space, Conservation) in part to MD (Medium Density Residential 5-12 dwelling units per acre) and rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential - Medium Density) for a 0.509 acre parcel located on the east side of South Federal Highway approximately 650 feet south of SE 10~h Street. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM and Rezoning Amendments for any property within the City. The subject property consists of the Comiche Replat I, less and except Tract "A" and contains 0.509 acres. The property is currently vacant. The applicant (Delray Harbor Club) proposes to use the property for a new entrance feature to the condominium with a gate house, guest parking and landscaping areas. In April of 1986, the triangular shaped parcel, was platted and titled "The Comiche" (PB 53, PG 28). An 18-foot wide access easement was located 42-feet south of the north line of this plat. This access easement was needed for ingress/egress to the FIND (Florida Inland Navigation District) parcel to the east of the subject parcel. On September 10, 1985 the City Commission approved a site plan for the construction of a three story, 7,714 sq. ft. commercial bank and office building with drive-thru banking facility. However, the construction never commenced and the site plan expired. In December of 1995, the same triangular shaped parcel of land was replatted by "The Comiche Replat" (PB 76, PG 97). The 18-foot wide access easement was rededicated as a 24-foot wide public access easement and relocated to the north 24' of the plat. This newly created 24-foot public access easement was dedicated to the City of Delray Beach for access and recreational purposes. In March of 1997, the same triangular shaped parcel of land was replatted again by "The Corniche Replat 1" (PB 79, PG 50). The 24-foot public access easement was replaced with the dedication of Tract "A" and relocated on the south 24' of the plat. Tract "A" is dedicated to the City of Delray Beach for public access and recreational purposes to Lot 27, Block 2 of the Model Land Co. Subdivision (a.k.a. the FIND Parcel). Finally, at its meeting of July 2, 2002 the City Commission approved the abandonment of a 24' public access easement within the Corniche Replat (north 24' easement). Planning and Zoning Board ,c '~ Report Delray Harbor Club - FLUM ,~,,,~endment and Rezoning Page 2 This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187) as part of Comprehensive Plan Amendment 2003-2. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. While the TRN (Transitional) FLUM designation is consistent with the proposed RM zoning district, the FLUM amendment to MD will allow overall consistency with the balance of the Delray Harbor Club property. The OS-C FLUM designation is inconsistent with the proposed RM zoning and is inappropriate as it is no longer part of the much larger conservation parcel to the east. The proposed FLUM amendment and rezoning are to enable the construction of a new entry gate, visitor parking and landscaping for the Delray Harbor Club condominium development. These improvements are allowed as an accessory use to the existing condominium development. The RM (Multiple Family Residential) zoning district is consistent with the proposed MD (Medium Density Residential) Future Land Use Map designation. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar Planning and Zoning Board E ~ Report Delray Harbor Club - FLUM ,~,~endment and Rezoning Page 3 intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The proposal involves a privately initiated FLUM designation change from TRN (Transitional) in part and OS-C (Open Space, Conservation) in part to MD (Medium Density Residential 5-12 du/ac) and rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential - Medium Density). As stated eadier, the proposed MD FLUM designation allows a new gate house and parking area associated with the existing Delray Harbor Club condominium, which is located to the north, immediately adjacent to the subject property. The Harborside condominium development exists to the south of the subject property, which is a similar type of residential condominium development as Delray Harbor Club and also has a MD FLUM designation. To the east of the subject property is the existing vacant FIND (Florida Inland Navigational District) property which has a FLUM designation of O$-C and a zoning designation of CD. To the west, across northbound Federal Highway, exists a vacant parcel of land with a FLUM designation of GC (General Commercial) and a zoning designation of PC (Planned Commerical) and further to the west across southbound Federal Highway exists the Floranda Trailer Park which has a TRN FLUM designation and a MH (Mobile Home) zoning designation. Given the existing character and FLUM designations of the surrounding area the proposed MD designation is the most appropriate for the subject property and is consistent with this Policy of the Comprehensive Plan. [3 Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The following ara the applicable objective is noted: Future Land Use Element Objective A-l: Property shafi be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. The subject property does not have any unique environmental characteristics that would prohibit development of the site or require mitigation measures. Although a portion of the property has an OS-C FLUM designation and is zoned CD (Conservation District), this portion of the property was part of an overall conservation tract, which contains mangroves. In addition, the properties small size limits the development potential of the site under the current POD zoning designation, which allows office type uses and is situated between two condominium developments. The FLUM amendment to MD and zoning to RM will ensure the property will be developed in a manner that will be complementary to the adjacent residential condominiums to the north and south. With review of a specific development proposal this policy will be revisited. Planning and Zoning Board ,r 'f Report Delray Harbor Club - FLUM ~,lendrnent and Rezoning Page 4 Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The existing TRN FLUM designation is consistent with the POC (Planned Office Complex), POD (Professional Office Development), RO (Residential Office), NC (Neighborhood Commercial) and RM (Multiple Family Residential - Medium Density) zoning designations. The intensities of the uses allowed under the office and neighborhood commercial zoning districts is much greater than the intensities allowed under the MD FLUM designation, which does not allow office or commercial development. Development of the property will be limited to uses permitted under the proposed MD Future Land Use Map and RM zoning designations. The intended use is for a new entry feature including a gate house and guest parking for the existing Delray Harbor Club condominium development. Residential development is limited to a maximum of 12 units to the acre, which is the same as the TRN. This would allow a maximum of six (6) units to be constructed on the property, which would generate 42 average daily vehicular tdps. There is adequate capacity on Federal Highway to accommodate potential traffic generated by the proposed MD FLUM designation. There are no other concerns meeting other level of Service standards relating to drainage, water and sewer, solid waste, parks and recreation facilities, and schools. Drainage can be accommodated on site via an exfiltration system. City facilities, such as water and sewer, and parks have sufficient capacity to handle development under the MD FLUM and RM zoning designations. Similarly, solid waste can be accommodated by existing County facilities and the development potential for 6 residential units should have no impacts relating to schools. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the 0.509 acre parcel of land will occur in accordance with the City's Land Development Regulations during the site plan review process. It is anticipated that there should be no problems complying with the Land Development Regulations. The proposed City zoning designation is RM (Multiple Family Residential) while the current zoning designation is POD (Planned Office District) in part and CD (Conservation District) in part. The zoning designations of the surrounding properties are identified in the Future Land Use Map Amendment Analysis section of this report. Section 3.2.2 (Standards for Rezoninfl Actions): Standards B, C and E are not applicable. The applicable performance standards of Section 3.2.2 are as follows: (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different Planning and Zoning Board ," 'f Report Delray Harbor Club - FLUM ~ ~lendment and Rezoning Page 5 zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The property is located within the area identified as stable on the Residential Neighborhood Categorization Map. The development pattern along the east side of northbound Federal Highway between Linton Boulevard and SE 10th Street is such that properties have been primarily developed as multiple family residential condominiums (RM zoning) with the exception of the Old Harbor Plaza commercial shopping plaza, located at the northeast comer of Linton Boulevard and Federal Highway. Therefore, the proposed rezoning is consistent with this standard. (O) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses border the property: Direction Zoninq Uses North RM West PC and MH South RM East CD and OS-C Delray Harbor Club Condominiums Vacant land and Floranda Trailer Park Harborside CQndominiums Vacant land The proposed rezoning is compatible with the adjacent land uses and consistent with the development pattem along Federal Highway. Section 2.4.5(D)(5) (Rezonin.cl Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. As noted previously, the development pattem along northbound Federal Highway has been established such that the properties along the east side of the road have been primarily developed as multiple family condominiums. The proposed rezoning to RM is consistent with the MD FLUM designation. The proposed rezoning will allow the subject Planning and Zoning Board .~ 'f Report Delray Harbor Club - FLUM ,~,nendment and Rezoning Page 6 property to be developed of a similar intensity as the surrounding area. Therefore, a finding can be made the rezoning fulfills subsection "c." The property is not in an area that requires review by the CRA (Community Redevelopment Area) or the DDA (Downtown Development Authority). Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · Harborside Condominium · Presidents Council · Osceola Park · Rio Delray Shores · PROD The Future Land Use Map (FLUM) Amendment from TRN (Transitional) in part and OS- C (Open Space, Conservation) in part to MD (Medium Density Residential 5-12 d.u./acre) and rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential - Medium Density) for a 0.509 acre parcel located on the east side of South Federal Highway approximately 650 feet south of SE 10th Street, is consistent respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. The MD FLUM and RM zoning designations are more appropriate given the existing RM zoning along the east side of S. Federal Highway, north and south of the site, and to maintain consistency with the balance of the adjacent Delray Harbor Club, the owner of the subject property. Ao Continue with direction. Recommend to the City Commission approval of the FLUM Amendment and Rezoning for the subject property, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4°5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; or Planning and Zoning Board; ~ Report Delray Harbor Club - FLUM ~nendment and Rezoning Page 7 Recommend to the City Commission denial of the FLUM Amendment and Rezoning based on a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and Section 3.1.1 (Required Findings) of the Land Development Regulations, with the basis stated. Recommend to the City Commission approval of the proposed FLUM Amendment from TRN (Transitional) in part and OS~C (Open Space - Conservation) in part to MD (Medium Density Residential 5-12 d.u./ac) and approval of the Rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential - Medium Density) based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Report prepared by: Michelle Hoyland, Senior Planner Attachments: · Proposed Future Land Use Map · Zoning Map · Survey gTH DELRA Y PLACE CONDOS FLORANDA TRAILER ' s.£. 12TH RD. PARK ~AZA AT D~RAY LINTON Ge ooos BANYAN ]I~EE LANE OLD HARBOUR PLAZA ST, 05-i HARBOUR SIDE DOMAINE DELRAY HARBOURS EDGE TREE HARBOURS EDGE OS MD DR. LINTON BANK N BO OS-C EVARD DELRAY HARBOR CLUB -- FLUM AMENDMENT - FROM: TRN (TRANSmONAL) & OS-C (OPEN TO: MD (MEDIUM DENSITY SPACE - CONSERVATION) RESIDENTIAL, 5-12 UNITS/ACRE) 9TH ST. 10111 DELRA Y PLACE CONDOS FLORANDA H TRAILER ' S.E. 12~ RD. PARK COVE PC THE PLAZA AT DELRA Y L IN TON WOODS BANYAN TREE LANE OLD HARBOUR PLAZA HARBOUR ( ~DE DOMAINE DELRA Y HARBOURS EDGE TREE VILLAGE HARBOURS EDGE O O <~ ~Y Z BRO(~(S LN. WHITE DR. IHOOES - V~LLA LINTON BOULE ARD DEL DELRAY HARBOR CLUB - REZONING - FROM: POD (PROFESSIONAL OFFICE TO: RM (MULTIPLE FAMILY DISTRICT) & CD (CONSERVATION DISTRICT) RESIDENTIAL - MEDIUM DENSITY) CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #3 Redevelopment Area #2 (Wallace Drive Industrial Area) FLUM Amendment Staff Report SD #3 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: July 21, 2003 IV. A. (3.b.) Transmittal Hearing for Comprehensive Plan Amendment 2003-2 - FLUM Amendments and Rezonings Associated with the Wallace Drive Redevelopment Plan (Redevelopment Area #2). GENERAL DATA: Applicant ........................................ City Initiated Location ........................................ Located south of Southwest 10m Street, north of Milfred Street, east of Tangelo Terrace, & west of Southwest 8 Avenue. Property Size ................................. 34.3 Acres (without right-of-ways) Future Land Use Map .................... RDA - 2 (Redevelopment Area #2) Proposed FLUM ............................IND (Industrial), MIC (Mixed Industrial & Commercial), & CF - C (Community Fadlities - Churches) Current Zoning .............................. R-1-A (Single Family Residential), CF (Community Facilities), MIC (Mixed Industrial & Commercial) and I (Industrial) Proposed Zoning ........................... MIC (Mixed Industrial & Commercial), LI (Light Industrial), I (Industrial), and CF (Community Facilities) Adjacent Zoning .................. North: East: South: West: R-I~A (Single Family Residential) & OSR (Open Space & Recreation) CF (Community Fadlities) and RM (Multiple Family Residential - Medium Density) AC (Automotive Commercial) I (industrial) Existing Land Use ......................... Commercial, Industrial, Residential, & Undeveloped Water Service ............................... Available to all properties. Sewer Service ............................... Available to all properties. IV. A. {3.b.I The action before the Board is that of making a recommendation to the City Commission on City initiated Future Land Use Map amendments, and rezonings associated with the Wallace Drive Industrial Area Redevelopment Plan (See attached Maps and Legal Descriptions in Appendix A). The Future Land Use Map Amendments involve the entire Redevelopment Area, totaling approximately 34.3 acres, not including road rights-of-way. There are three proposed FLUM designations for the area. They are as follows: Area A: n Area B: FLUM amendment from RDA-2 (Redevelopment Area #2) to CMR (Commerce) - includes all but two of the pamels within the redevelopment area and contains approximately 29.6 acres. FLUM amendment from RDA-2 (Redevelopment Area #2) to IND (Industrial) - I parcel located at the northeast comer of Georgia Street and Tangelo Terrace, containing approximately 0.7 acres. Area C: FLUM amendment from RDA-2 (Redevelopment Area #2) to CF-C (Community Facilities-Churches) - 1th parcel located between SW 8th and SW 9th Avenues, south of SW 10 Street, containing approximately 4 acres. The proposed rezonings within the Redevelopment Area are as follows: Area D: Rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial) - 2 parcels (by ownership), located approximately 100 feet east of Tangelo Terrace, between Poinsettia Drive and Georgia Street, containing approximately 0.7 acres. Area E: Rezoning from R-1-A (Single Family Residential) to LI (Light Industrial) - 36 parcels (by ownership), located east of Wallace Drive, containing approximately 8.5 acres. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM and Rezoning Amendments for any property within the City. The Future Land Use Element of the City's Comprehensive Plan identifies several older areas of the City that, due to substandard infrastructure, obsolete or inappropriate uses of land, vacant and dilapidated structures, and other similarly blighting conditions, are in need of special attention in the form of a "Redevelopment Plan." The purpose of a Redevelopment Plan is to identify the specific deficiencies and assets of a designated area, evaluate existing and potential uses, and identify specific measures for arresting decline, facilitating new development, and enhancing the quality P & Z Board Staff Report FLUM Amendment & Rezoning.~/or Redevelopment Area #2 Page 2 of life for residents of the area. These areas are depicted on the Future Land Use Map as Redevelopment Areas #1 through #6. The "Redevelopment Area" designation acts as a holding zone for each site, until an appropriate Future Land Use Map designation can be assigned that is consistent with an adopted Redevelopment Plan. The Wallace Drive Industrial Area is designated as Redevelopment Area #2. It is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. Two-thirds of the area is located west of Wallace Drive, which bisects the area, running diagonally from northeast to southwest. The area was annexed into the City via the Enclave Act (Enclave #31A), on June 28, 1988. Under County jurisdiction, the area had evolved into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. As a result, most of the area had deteriorated to a point where private investment had virtually stopped. The following language, excerpted from Future Land Use Element Policy C-2.3 in the City's Comprehensive Plan, gives a description of the program for this area: Policy C-2.3: The following pertains to the Wallace Drive Industrial Area: This area shall be primarily industrial (LI Zoning) with an emphasis on commerce uses (PCC, MIC zone districts). The City, through its water and sewer capital improvement program, shall install water and sewer mains throughout the area. Unimproved and underimproved rights-of-way shall be abandoned when it facilitates the aggregation of parcels and larger scale development provided that the right-of-way is not essential for traffic flow purposes. Support uses for the existing automobile dealership uses are encouraged. All commercial uses shall be allowed with the exception of "strip-type" development along Wallace Drive which is not desired because of traffic conflicts along this collector street. Since annexation and adoption of the Comprehensive Plan, there has been considerable public investment to prepare the area for redevelopment, including the installation of water and sewer mains throughout the area as well as street improvements along Poinsettia Drive and Georgia Street in 1992 and the extension of SW 10th Avenue and associated retention areas in the mid 1990s. In the late 1990s, private monies funded the construction of Milfred Street in conjunction with a development proposal associated with the Ford dealership. Most recently, pdvate development resulted in the construction of a portion of Lime Lane and Royal Palm Drive. Within the past five years, there has been a surge of private investment in the area resulting in the construction of several industrial projects including 10th Street Commerce Center, Tropic Supply, ABA Custom Cabinets and Profiles in Concrete. In February, 2003, a privately initiated proposal was submitted to rezone 1.4 acres within Redevelopment Area #2 from R-1-A (Single Family Residential) to MIC (Mixed Industrial & Commercial). Policy C-2.1 of the Future Land Use Element states that if a private development proposal is received for a Redevelopment Area, one of two options may be pursued: preparation of the Redevelopment Plan may be accelerated and the development proposal delayed until the plan is adopted, or the development proposal can be evaluated on its own merits with the existing Comprehensive Plan policies guiding the disposition of the request. Since the proposed zoning would have impacted P & Z Board Staff Report FLUM Amendment & Rezoninb_ ~or Redevelopment Area #2 Page 3 the overall area, it was decided to complete the Redevelopment Plan prior to taking action on the proposal. Based upon the above, preparation of the Redevelopment Plan was accelerated and is being processed as part of the City's annual Comprehensive Plan Amendment 2003-2. The intent of the Plan is to make the Wallace Drive area a unique place that will encourage the development of light industrial, commercial and office uses in an urban setting. It is hoped that it will also serve as a catalyst to increase property values and broaden the City's employment base in the industrial, manufacturing and trade sectors. Implementation of the Plan, requires the City to initiate changes to the Future Land Use Map to eliminate the RDA-2 (Redevelopment Area # 2) designation, and to assign new Future Land Use Map and corresponding Zoning designations. The recommended designations are discussed below. This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). Land Use Analysis: Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The underlying Future Land Use Map designation for the subject property is Redevelopment Area #2 and the proposed designations are CMR (Commerce), IND (Industrial) and CF-C (Community Facilities - Churches). The redevelopment plan identifies the development scenarios and criteria for development to occur within the area. The proposed zoning designations of MIC (Mixed Industrial & Commercial), I (Industrial), LI (Light Industrial) and CF (Community Facilities) will be consistent with the proposed Future Land Use Map designations. Based upon the above, a positive finding with respect to Future Land Use Map consistency can be made. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics P & Z Board Staff Report FLUM Amendment & Rezonin~ (or Redevelopment Area #2 Page 4 or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The basis for the FLUM change is that the existing FLUM designation of RDA#2 is no longer appropriate, given that a Redevelopment Plan for the area has been prepared. The data and analysis supporting the new FLUM designations and demonstrated need are contained within the plan. [] Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. Redevelopment Areas, as identified on the City's Future Land Use Map, are described within the Future Land Use Element. The Redevelopment Area designation acts as a holding zone, until an appropriate Future Land Use Map designation can be assigned that is consistent with an adopted Redevelopment Plan. The plan, prepared for Redevelopment Area #2, recommends that underlying Future Land Use designations of CMR (Commerce), IND (Industrial) and CF-C (Community Facilities-Churches) be applied to the area. As part of Comprehensive Plan Amendment 2003-2, changes are also being made to Future Land Use Element Policy C-2.3 to acknowledge the adoption of the Plan, and to require that all future development be in compliance with the adopted plan. The proposed FLUM designations will be consistent with the goals, objectives and policies of the Comprehensive Plan once the Redevelopment Plan and the associated amendments to the Comprehensive Plan are adopted. [] Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. In comparing the existing Future Land Use Map designation of RDA-2 and the proposed Future Land Use Map designations with respect to concurrency, the following is noted - Currently, development within the area can proceed without the implementation of a redevelopment plan on its own merits with the existing zoning and policies of the Comprehensive Plan guiding the disposition of the request (Future Land Use Element, Policy C-2.1). Approximately three-fourths of the redevelopment area will retain its existing MIC zoning designation, so the potential development intensity on that portion of the redevelopment area is unaffected by the proposed FLUM designations. The potential development intensity on the remaining 8.5 acres, currently zoned R-1-A (Single Family Residential), will increase when it is rezoned to LI (Light Industrial). A discussion of the impacts associated with development of this area at this higher intensity is given below: P & Z Board Staff Report FLUM Amendment & Rezonin~ ~or Redevelopment Area ~2 Page 5 Water & Sewer: · Water service is available via service lateral connections to existing 10" water mains along Wallace Drive, SW 10th Street and SW 9th Avenue. · Sewer service is available via service lateral connections to existing 8" and 10" mains along Wallace Drive, SW 10th Street and SW 9th Avenue. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Draina,qe: There are two storm water detention areas located in the north half of this area, on either side of SW 10th Avenue. Drainage is reviewed during the site plan application process for individual projects. For the type of development anticipated in this area, drainage is usually accommodated on site via exfiltration trench systems. There are no problems anticipated with obtaining South Florida Water Management District permits within the area. Traffic: The maximum developable area is 7.8 acres (8.5 acres less the SW 10th Avenue extension). It should also be noted that although this area includes the City's storm water detention areas, redevelopment of that property is unlikely. The maximum development potential in the R-1-A zoning district is 39 units (5 units/ac). This assumes development of single family lots within the LD FLUM designation. The traffic that would be generated by this intensity of development is 390 ADT (39 units x 10 trips/unit). Since the zoning districts allowed within the CMR (Commerce) FLUM designation allow a maximum of 50% building lot coverage, the maximum building area that could be constructed on the 7.8 acres would be 169,884 square feet. This building area would generate a total of 1,184 ADT (169,884 x 6.97/1000) if the property were developed in general industrial uses typical of those uses allowed within any of the zoning districts under the Commerce FLUM designation. Although these zoning districts allow a limited retail component (25% of total floor area within the MIC zoning district and 10% within the LI zoning district), the retail is usually very specialized and involves items associated with the primary industrial use. Thus, the traffic associated with a retail component would be minimal. All new non-residential development or redevelopment must meet traffic concurrency and comply with the Palm Beach County Traffic Performance Standards ordinance. A traffic study is required during the Site Plan Review process to determine if there is adequate capacity on the surrounding roadway network to accommodate new trips generated by a new development or change of use. Impact P & Z Board Staff Report FLUM Amendment & Rezonin~ ,or Redevelopment Area #2 Page 6 fees are assessed for each new trip generated and are collected prior to issuance of a building permit. Wallace Drive and SW 10t~ Avenue provide a connection between SW 10th Street and Linton Boulevard. Linton Boulevard is the most heavily traveled roadway within the general area and is classified as a Minor County Arterial. Since the Linton Boulevard link between Wallace Drive and Interstate 95 is currently operating at LOS "E", new developments which have a significant impact on this link cannot be constructed. However, since the trip generetion rete for industrial development is very Iow, this is not expected to seriously impact new development within the redevelopment area. Parks and Recreation: Non-residential uses do not create a demand for Park & Recreation services therefore, the impact on these facilities will decrease as the property is converted to non-residential uses. Solid Waste: The development of single family development at the maximum intensity (5 uriits per acre) is 39 units. The trash genereted by single family home is 1.99 tons of solid waste per year. Therefore the maximum impact for development of the 7.8 acre area would be 77.6 tons per year (39 x 1.99 tons/year). Redevelopment of the area for industrial uses at the maximum building area potential of 169,884 square feet is 399 tons per year (169,884 sq. ftx 4.7 lbs/sq, ft. x I ton/2000 lbs). Since this solid waste can be accommodated by existing landfill facilities, a positive finding with respect to this level of service standard can be made. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. A mixture of commercial, industrial and residential uses surrounds the Wallace Drive Redevelopment Area. The area south of the redevelopment area contains the Maroone Ford auto dealerehip and a 1.96 acre parcel containing a light industrial building is located to the southeast, between Wallace Drive and SW 10th Avenue. Single-family residential development and the City's cemetery are located to the north, across SW 10th Street. The area to the west contains industrial land uses. The area immediately to the east contains multiple-family residential, single-family residential and vacant land. The single-family development is separated from the proposed light industrial development within the redevelopment area by the Calvary Bible Missionary Baptist Church and the multiple-family is located on the east side of SW 10th Avenue, south of SW 11th Street. Thus, the light industrial development will be separated from the residential properties by existing streets. Also, there are regulations in place to mitigate any potential impacts on adjacent properties. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. P & Z Board Staff Report FLUM Amendment & Rezoni%v ,or Redevelopment Area #2 Page 7 All future development within the requested designations will comply with the provisions and requirements of the Land Development Regulations. A detailed discussion of Compliance with the Land Development Regulations is included in the "Zoning Analysis" section of this report. REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezonin,q Actions): Standards A, B, C and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. A description of each of the areas to be rezoned is as follows: · Area D: Rezoning of 2 parcels from I (Industrial) to MIC (Mixed Industrial & Commercial) These two parcels are located approximately 100 feet east of Tangelo Terrace, between Poinsettia Drive and Georgia Street. They both contain detached single family homes, which are a nonconforming use in the Industrial zoning district and P & Z Board Staff Report FLUM Amendment & Rezoninf~ ,or Redevelopment Area fY2 Page 8 they are surrounded by industrial uses. They cannot be redeveloped to more compatible use within the Industrial zoning district, because they do not meet the minimum 20,000 square feet lot size requirement. Since the lots are adjacent to MIC zoning on the east, which does not have a minimum lot size requirement, they are being rezoned to MIC. With this change, the lots will be able to be redeveloped, thereby becoming more compatible with adjacent development. There are no compatibility concerns with the rezoning of these properties which are surrounded by heavy industrial uses. · Area E: Rezoning of 36 pamels from R-1-A (Single Family Residential) to LI (Light Industrial) These parcels contain two City storm water detention areas and undeveloped property. The surrounding development includes: a church (located within the redevelopment area and currently zoned CF); multiple family residential to the east; a convenience store and single family to the west (located within the redevelopment area and currently zoned MIC); the City cemetery to the north and light industrial to the south. The rezoning to LI (Light Industrial) will allow uses compatible with those allowed on the adjacent industrially zoned properties. As previously stated, the adjacent residential developments are separated from thethProperties in question by existing streets, including SW 10th Avenue and SW 10 Street, which are City Collector roadways. The Light Industrial zoning district has stricter development standards than the MIC and I zoning districts and limits the types of uses. There are also regulations in place to mitigate adverse impacts on adjacent properties. Section 2.4.5{D){5} ~Rezonin~l Findin_clS): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: ae That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the proposed rezonings are "b" and "c":, based on the following: The proposed rezonings are required to implement the previsions of the Wallace Drive Redevelopment Plan. Given the small size of the properties at Tangelo Terrace, the current I (Industrial) zoning district is inappropriate and MIC (Mixed Industrial & P & Z Board Staff Report FLUM Amendment & Rezonin~v for Redevelopment Area #2 Page 9 Commercial) is moro appropriate, based on circumstances particular to the sites. Given the location of the Single Family Residential zoned properties and the prevailing development pattern in the area, the proposed LI (light Industrial) zoning is more appropriate than R-1-A. The adoption of the plan establishes the City's finding that the proposed zonings aro moro appropriate than the existing. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. Three-fourths of the land area within the Redevelopment Aroa will retain its existing industrial zoning designations, so the current action will not have an impact on those properties' ability to comply with the Land Development Regulations. No development proposals are currently under review for any property within the redevelopment aroa. Any proposed development will be subject to the provisions of the new zoning districts. Since the proposed rezonings will affect the land development regulations and applicable development standards for the subject properties, it is also appropriate to discuss the impact of the rezonings on existing development. a. I to MIC. As stated eadier, the two parcels contain detached single family homes, which are a nonconforming use in the Industrial zoning district. They cannot be redeveloped to a more compatible use within the Industrial zoning district, because they do not meet the minimum 20,000 square feet lot size requirement. The proposed MIC district will allow the lots will be redeveloped. b. R-1-A to LI. This area contains a mix of single-family homes and storm water detention areas and undeveloped property. The existing single family residences will become nonconforming uses. Although the Redevelopment Plan encourages the aggregation of parcels, accommodations will be necessary to allow development on smaller parcels where aggregation is not possible. The Redevelopment Plan recommends the creation of an oveday area within the /I (Light Industrial) zoning district which amends the development standards for the LI District to reduce the minimum development area, lot size, lot dimensions and tenant space requirements. The oveday will also include provisions to increase the front setback for properties fronting on Wallace Drive. The modified development standards will be similar to those in the adjacent MIC zoning district. The text amendment will be processed following adoption of the Redevelopment Plan and will be scheduled to be adopted concurrently with the FLUM Amendments and Rezonings, now under review. With this amendment, there should be no problems complying with the Land Development Regulations. P & Z Board Staff Report FLUM Amendment & Rezoni[.~ for Redevelopment Area #2 Page 10 The subject property is not within a geographical area requiring review by the Community Redevelopment Agency, Downtown Development Authority or the Historic Preservation Board. Courtesy Notices: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: President's Council Progressive Residents of Delray (PROD) Osceola Park HOA · Seacrest HOA · Lake Ida HOA · Harbourside HOA Rio DelrayShores HOA · Gateway HOA · West Side Heights HOA · Southddge HOA · Woods of Southridge HOA · Delray Beach Heights HOA · Ebonyof Delray HOA · Atlantic Park Garden HOA · Lincoln Park HOA · DelrayMemhants Association Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. Public Notice:. Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The existing RDA-2 (Redevelopment Area #2) FLUM designation was applied to the subject properties to act as a holding zone until a redevelopment plan for the area could be prepared. The Redevelopment Plan has been completed and is currently being processed through a comprehensive plan amendment. In order to be consistent with the Redevelopment Plan, the existing FLUM designation is being changed to CMR (Commerce), IND (Industrial) and CF-C (Community Facilities - Chumhes). These designations are consistent with the proposed zoning designations of MIC (Mixed Industrial & Commemial), I (Industrial), LI (Light Industrial) and CF (Community Facilities). Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. A. Continue with direction. P & Z Board Staff Report FLUM Amendment & Rezonin~j~ ior Redevelopment Area Page 11 Recommend to the City Commission approval of FLUM Amendments and rezonings of the subject parcels, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Recommend denial of the FLUM Amendments and Rezonings based on a failure to make positive findings and that the FLUM amendments and rezonings fail to fulfill one of the basis for which a FLUM Amendment or rezoning should be granted. Recommend to the City Commission approval of the proposed FLUM Amendments from RDA-2 (Redevelopment Area #2) to: · CMR (Commerce) for the parcels within "Area A" identified in Appendix A; · IND (Industrial) for the parcels within "Area B' identified in Appendix A; · CF-C (Community Facilities-Churches) for the parcel within "Area C" identified in Appendix A; based on positive findings with respect to Future Land Use Element Policy A -1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; and, 2. Recommend to the City Commission approval of the following rezoning requests: · I (Industrial) to MIC (Mixed Industrial and Commercial) for the parcels in "Area D" identified in Appendix A; and · R-1-A (Single Family Residential) to LI (Light Industrial) for the parcels in "Area E" identified in Appendix A; based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: Future Land Use Map Zoning Map Appendix A - Legal Descriptions prepared by: Ron Hoqqard, Senior Planner FLUM AREA A: LOTS 1-16, INCLUSIVE, ESQUIRE SUBDIVISION, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 43, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-3, INCLUSIVE AND LOTS 6-11, INCLUSIVE, PLA'I-PS ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 47, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 7 & 8, BLOCK A; ALL OF BLOCK B; LOTS 3-8, INCLUSIVE, BLOCK C; AND ALL OF BLOCK D (LESS S. 158 FT. OF LOT 8), SUNNY ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 83, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 100 FT OF W 1/4 OF LOT 29 (LESS S 200 FT), OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 48, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 1/2 OF W 1/2 OF LOT 30 (LESS S 183 FT), OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; ALL OF THE PLAT OF LANDSCAPE TECHNIQUES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 75, PAGE 41, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; TRACT A, TENTH STREET COMMERCE PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 88, PAGE 121, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FLUM AREA B: LOTS 1 & 2, BLK C, SUNNY ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. P & Z Board Staff Report FLUM Amendment & Rezoninb. for Redevelopment Area #2 Page 13 FLUM AREA C: SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 1/4 OF LOT 29, OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. REZONING - AREA D: LOTS 3 & 4, BLOCK C, SUNNY ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. REZONING - AREA E: LOTS 9-16, INCLUSIVE, ESQUIRE SUBDIVISION, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 43, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOT 8, BLOCK D (LESS S. 158 FT), SUNNY ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 1/2 OF W 1/2 OF LOT 30, LYG EAST OF WALLACE DRIVE (LESS S 183 FT), OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. \\carolina\departments\planning & zoning\boards\p&z board\flum & rezoning-redevelopment#2.doc CIRCUIT CITY GC BELRA Y BEACH MEMORIAL GARDENS OS STREET MD FUTURE LAND USE MAP AMENDMENT CHANGES WITHIN REDEVELOPMENT AREA NO. 2 ROA-2 OVERALL BOUNDARIES AREA TO BE AMENDED AS 'INDUSTRIAL (I)' AREA TO 13E AMENDED AS "COMMUNITY FACILITIES- CHURCH (CF~:;)' AREA TO BE AMENDED AS "COMMERCE (CMR}" S IPARK TEN 3RD ADD. GEORGIA AC MAROONE FORD CIRCUIT CITY I OTH POINSETTIA DRIVE STREET MAROONE NISSAN LINTON LI MAROONE DODGE ROSS OSR DELRAY BEACH MEMORIAL GARDENS F RM THE GROVES REZONING CHANGES WITHIN REDEVELOPMENT AREA NO. 2 RDA-2 OVERALL BOUNDARIES AREA CHANGING FROM (R-I -A) SINGLE FAMILY RESIDENTIAL TO (LI) LIGHT iNDUSTRIAL AREA CHANGING FROM (0 INDUSTRIAL TO (MIC) MIXED INDUSTRIAL & COMMERCIAL S CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #4 Southwest Neighborhood Redevelopment Area FL. UM Amendment Staff Report PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT-- MEETING DATE: AGENDA ITEM: ITEM: July 21, 2003 IV. A. (3.c.) Transmittal Hearing for Comprehensive Plan Amendment 2003-2 - FLUM Amendments and Rezonings Associated with the Southwest Neighborhood Redevelopment Plan. GENERAL DATA: Adjacent Zoning .................. North: East: South: West: Existing Land Use ........................ Owner ........................................... City Initiated Location ........................................ South of West Atlantic Avenue (and north of NW 1st Street), between SW 8th Avenue and SW 12th Avenue; East and West sides of SW 5th Avenue, South of SW 1st Street; and, Northwest Corner of SW 1st Street and SW 4th Avenue. Property Size ................................. 4.45 Acres Future Land Use Map .................... MD (Medium Density Residential, 5-12 Units/Acre) Proposed FLUM ............................ GC (General Commercial) Current Zoning .............................. RM (Multiple Family Residential - Medium Density) Proposed Zoning ........................... GC (General Commercial) GC (General Commercial) MD (Medium Density Residential, 5-12 Units/Acre) MD (Medium Density Residential, 5-12 Units/Acre) MD (Medium Densib/Residential, 5-12 Units/Acre) Single Family Residential, Multiple Family Residential, & Vacant Water Service ............................... Available to all properties. Sewer Service ............................... Available to all properties. IV. A. ~3.c.~ Planning and zoning Board Staff report FLUM Amendment and Rezoning - Southwest Area Neighborhood Redevelopment Plan Page 1 The action before the Board is that of making a recommendation to the City Commission on proposed Future Land Use (FLUM) Amendments from MD (Medium Density Residential 5-12 du/ac to GC (General Commercial) and Rezonings from RM (Multiple Family Residential - Medium Density) to GC (General Commercial) associated with the Southwest Area Neighborhood Redevelopment Plan. The Future Land Use Map Amendments involve three areas totaling 4.45 acres (See attached Map): [] Area A: Ten (10) parcels located approximately 400' south of West Atlantic Avenue, between SW 8th Avenue and SW 12~h Avenue (1.65 acres); [] Area B: Eight (8) parcels located on the east and west sides of SW 5th Avenue, south of SWIs'street (1.46 acres). [] Area C: Fourteen (14) parcels located at the northwest corner of SW 4th Avenue and SW 1st Street (1.34 acres). Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments or Rezoning of any property within the City. At its meeting of June 3, 2003, the City Commission adopted the Southwest Area Neighborhood Redevelopment Plan, which establishes a blueprint for the revitalization and stabilization of the area. This area is o~lenerally defined as the area bounded by West Atlantic Avenue on the north, SW 10"' Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. The Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The properties in question are located within the Southwest Area Neighborhood, which overlaps the West Atlantic Avenue Redevelopment Area. Guidelines for redevelopment of this area are contained within the recently adopted Southwest Area Neighborhood Redevelopment Plan as well as the West Atlantic Avenue Redevelopment Plan (adopted in 1995) and Downtown Delray Beach Master Plan (adopted in 2002). The Southwest Area Neighborhood Redevelopment plan calls for mixed commercial, office and residential development south of the retail core along Atlantic Avenue, between SW 8th Avenue and SW 12~h Avenue (Northwest Quadrant). The plan also calls for significant redevelopment of properties along SW 5th Avenue, south of SW 1st Street, and the area west of SW 4th Avenue, north of SW 1s~ Street to include neighborhood oriented retail and office uses, as well as a variety of housing types (Frog Alley area). Further, pursuant to the West Atlantic Avenue Redevelopment Plan Development Planning and zoning Board Staff report FLUM Amendment and Rezoning - Southwest Area Neighborhood Redevelopment Plan Page 2 Opportunities Section, the following is stated regarding the area at the northwest corner of SW 4th Avenue and SW 1st Street (Block 29): "An opportunity also exists for the future rezoning of the rear portion of the block on SW 4th Avenue to commercial. This small area, located between the Police Station on the east side and the commercial area on the west may be better suited for commercial uses." REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval Of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan. The proposed FLUM amendments will assign a Future Land Use Map designation of GC (General Commercial) and the proposed rezoning to GC (General Commercial) is consistent with this FLUM designation. These changes will accommodate mixed-use development with a potential for increased residential densities to a maximum of 30 units per acre subject to conditional use approval. Thus, positive findings can be made regarding consistency of the FLUM designations and zonings. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need-- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a Planning and zoning Board Staff report FLUM Amendment and Rezoning - Southwest Area Neighborhood Redevelopment Plan Page 3 comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The adopted Southwest Area Neighborhood Redevelopment Plan includes recommendations for redevelopment of the subject properties. The proposed FLUM amendments and associated rezonings will fulfill proposed Future Land Use Element Policy C-1.7, which is being adopted as part of the City's comprehensive plan Amendment 2003-2, and states the following: Future Land Use Element Policy C-1.7 The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10t Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. · Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. As stated above, the proposal will be consistent with the goals, objectives and policies of the City's Comprehensive Plan following adoption of Comprehensive Plan Amendment 2003 -2. Concurrency -- Development at the highest intensity possible under the requested designation can meet the ~dopted concurrency standards. The proposed FLUM and Zoning changes to GC will accommodate mixed use development as well as neighborhood oriented commemial development consistent Planning and zoning Board Staff report FLUM Amendment and Rezoning - Southwest Area Neighborhood Redevelopment Plan Page 4 with the adopted Neighborhood Redevelopment Plan. The highest intensity possible under the requested GC designation will be mixed use development consisting of commercial and residential uses at a maximum density of 30 units per acre. This scenario would allow a total of 133 units, which represents an increased residential development potential of 80 units over that currently allowed under the existing MD land use designation (4.45 acre X 12 u/a = 53). Pursuant to the description of the General Commercial land use designation within the Future Land Use Element of the City's Comprehensive Plan, a maximum floor area ratio (FAR) of 3.0 is permitted for nonresidential uses in this area. This FAR is unlikely in this area given the land development requirements and its location adjacent to residential properties. City facilities such as water, sewer, and drainage have sufficient capacity to handle development of this area at the potential development intensity allowed under the proposed GC FLUM designation. Similarly, solid waste can be accommodated by existing County facilities. As the majority of the properties are located in the TCEA (Transportation Concurrency Exception Area), traffic is not an issue. The proposed 1.46 acre commercial area along SW 5th Avenue, extending 200' south of SW 1st Street, is not located within the TCEA. However, the development potential for this area is very limited, given the depth of the lots (approximately 135'). It is noted that the amendment will facilitate the construction of new housing in the downtown area, which will foster a development mix that is less auto dependent. The Open Space and Recreation Element of the Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards': A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. School concurrency will be addressed with future proposals for residential development, however the maximum additional 80 units is not anticipated to be a concern. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As previously stated, the FLUM amendments and rezonings for these properties were anticipated with the adoption of the Southwest Areas Neighborhood Redevelopment Plan. Also, the West Atlantic Avenue Redevelopment Plan anticitp~ated rezoning of the properties at the northwest corner of SW 1st Street and SW 4 Avenue to commercial. The area at the northwest corner of SW 1st Street and SW 4th Avenue abuts commercial property to the north and west and is adjacent to the City's police Station on the east. The property is also separated from the RM zoned property to the south by SW 1st Street and faces a City drainage retention area. The commercial properties which will extend 200' south of SW 1st Street have narrow depths, thus their development potential is limited. The FLUM amendment Planning and zoning Board Staff report FLUM Amendment and Rezoning - Southwest Area Neighborhood Redevelopment Plan Page 5 for the properties between SW 8th Avenue and SW 12th Avenue results in "squaring-off' the GC zoned portion to a depth of 400' to better accommodate redevelopment. There are development regulations currently in place to mitigate any potential impacts with adjacent properties. Based upon the above, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the requested designation will comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use or site plan request as applicable. REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.1 (Basis for Determining Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezonin.q Actions): Standards A, B, C and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: Planning and zoning Board Staff report FLUM Amendment and Rezoning - Southwest Area Neighborhood Redevelopment Plan Page 6 (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As previously stated, the FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan. As discussed under Future Land Use Element Policy A-1.7, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Also, there are development regulations currently in place to mitigate any potential impacts with adjacent properties. Section 2.4.5(D)(5) (Rezoning Findin.qs): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; Co That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the preposed rezonings are "b" and "c": based on the following: The proposed rezonings are required to implement the provisions of the Southwest Area Neighborhood Redevelopment Plan. In order to implement the development scenarios identified in the Plan, rezoning of the subject properties is appropriate as there has been a change in circumstances which make the current zoning inappropriate. Also, the GC zoning is more appropriate given the proposed FLUM designation. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. No formal land development application has been received for the subject property. Any proposed development will need to comply with the Land Development Regulations. Planning and zoning Board Staff report FLUM Amendment and Rezoning ~ Southwest Area Neighborhood Redevelopment Plan Page 7 Community Redevelopment Agency: At its meeting of July 16, 2003, the Community Redevelopment Agency reviewed and recommended approval of the FLUM amendments and rezonings to General Commercial (GC). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · Atlantic Park Gardens · Ebonyof Delray · Lincoln Park · Delray Merchants Association · PROD (Progressive Residents of Delray) · Presidents Council Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. Continue with direction. Recommend to the City Commission approval of FLUM Amendments and Rezoning to the subject parcels, based on positive findings with respect to Future Land Use Element Policy A -1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), the adopted Southwest Area Neighborhood Redevelopment Plan and the Goals, Objectives and Policies of the Comprehensive Plan. Recommend denial of the FLUM Amendments and Rezonings based on a failure to make positive findings and that the FLUM amendments and rezonings fail to Planning and zoning Board Staff report FLUM Amendment and Rezoning - Southwest Area Neighborhood Redevelopment Plan Page 8 fulfill one of the basis for which a FLUM amendment or rezoning should be granted. Recommend to the City Commission approval of the proposed FLUM Amendment from MD (Medium Density Residential 5 - 12 du/ac) to GC (General Commercial) and Rezoning from (Multiple Family Residential - Medium Density) to GC (General Commercial) for the following: Area A: Ten (10) parcels located approximately 400' south of West Atlantic Avenue, between SW 8th Avenue and SW 12th Avenue (1.65 acres); Area B: Eight (8) parcels located on the east and west sides of SW 5th Avenue, south of SW 1st Street (1.46 acres); Area C: FoUrteen (14) parcels located at the northwest corner of SW 4th Avenue and SW 1st Street (1.34 acres); based on positive findings with respect to Future Land Use Element Policy A -1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), the adopted Southwest Area Neighborhood Redevelopment Plan and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: · Proposed Future Land Use Map Amendments · Proposed Rezonings o~ o~ ~_o <0 NOTICE oF ~,'0BLIC HEARING NOTICE OF COMPREHE#~,IVE PLAN'~ANGE 2003-2 CITY OF DELRAY BEACH, FLORIDA CC' CC" NO11CE OF PUBLIC HEARING NOTICE OF COMPREHENSIVE PLAN CHANGE 2003-2 CIB' OF DELRAY REACH, FLORIDA