84-93 STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE OF INTENT TO FIND THE
CITY OF DELRAY BEACH
COMPREHENSIVE PLAN AMENDMENT(S) IN COMPLIANCE
DOCKET NO. 93S1 NOI-5008-(A)-(I)
The Department gives notice of its intent to find the Amend-
ment(s) to the Comprehensive Plan for the City of Delray Beach, adopted
by Ordinance No(s). 67-93, 68-93, 69-93, 70-93, 71-93, 73-73, 75-93, 76-
93, 80-93, and 81-93 on December 7, 1993, IN COMPLIANCE, pursuant to
Sections 163.3184 and 163.3187, F.S.
The adopted City of Delray Beach Comprehensive Plan Amendment~s)
and the Department's Objections, Recommendations and Comments Report,
(if any), are available for public inspection Monday through Friday,
except for legal holidays, during normal business hours, at the City
Hall, Planning and Zoning Department, 100 N.W. First Avenue, Delray
Beach, Florida 33444.
Any affected person, as defined in Section 163.3184, F.S., has a
right to petition for an administrative hearing to challenge the
proposed agency determination that the Amendment(s) to the City of
Delray Beach Comprehensive Plan are In Compliance, as defined in
Subsection 163.3184(1), F.S. The petition must be filed within
twenty-one (21) days after publication of this notice, and must include
all of the information and contents described in Rule 9J-11.012(8),
F.A.C. The petition shall be filed with the Agency Clerk, Department of
Community Affairs, 2740 Centerview Drive, Tallahassee, Florida
32399-2100, and a copy mailed or delivered to the local government.
Failure to timely file a petition shall constitute a waiver of any right
to request an administrative proceeding as a petitioner under Section
120.57, F.S. If a petition is filed, the purpose of the administrative
hearing will be to present evidence and testimony and forward a
recommended order to the Department. If no petition is filed, this
Notice of Intent shall become final agency action.
If a petition is filed, other affected persons may petition for
leave to intervene in the proceeding. A petition for intervention must
be filed at least five (5) days before the final hearing and must
include all of the information and contents described in Rule 22I-6.010,
F.A.C. A petition for leave to intervene shall be filed at the Division
of Administrative Hearings, Department of Management Services, 1230
Apalachee Parkway, Tallahassee, Florida 32399-1550. Failure to petition
to intervene within the allowed time frame constitutes a waiver of any
right such a person has to request a hearing under Section 120.57, F.S.,
or to participate in the administrative hearing.
Charles G. Pattison, Director
Department of Community Affairs
Division of Resource Planning
and Management
2740 Centerview Drive
Tallahassee, Florida 32399-2100
ORDINANCES
coMMissioN ACTION:
SECOND READINg: /~//~/~3
COMMISSION ACTION: ~ .:5'-
NOTES:
bg
ORDINANCE NO. 84-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN
AMENDMENT 93-2 PURSUANT TO THE PROVISIONS OF THE
"LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND
DEVELOPMENT REGULATION ACT", FLORIDA STATUTES
SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"
ENTITLED "COMPREHENSIVE PLAN AMENDMENT 93-2" AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Delray Beach exercised the '
authority granted pursuant to the provisions of Florida
Statutes Sections 163.3161 through 163.3243, known as the
"Local Government Comprehensive Planning and Land Development
Regulation Act; and
WHEREAS, via Ordinance No. 82-89 the City Commission
adopted the document entitled "Comprehensive Plan - Delray
Beach, Florida"; and
WHEREAS the Planning and Zoning Board, as Local
Planning Agency, did prepare an amendment to the Comprehensive
Plan entitled "Comprehensive Plan Amendment 93-2"; and
WHEREAS, the Planning and Zoning Board, as Local
Planning Agency, following due public notice, held a public
hearing on June 14, 1993, in accordance with the requirements
of the "Local Government Comprehensive Planning and Land
Development Regulation Act"; and
WHEREAS, after the above referenced public hearing,
the Planning and Zoning Board, as Local Planning Agency,
recommended to the City Commission that the proposed
Comprehensive Plan Amendment 93-2 be adopted; and
WHEREAS, proposed Comprehensive Plan Amendment 93-2
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
93-2 was held by the City Commission on June 22, 1993, at
which time it was authorized to be transmitted to the
Department of Community Affairs for required review; and
WHEREAS, a report of Objections, Recommendations and
Comments has been received from the State Department of
Community Affairs and said report has been reviewed by the
Planning and Zoning. Board, as Local Planning Agency, and is
the basis for modifications to the proposed Comprehensive Plan
Amendment 93-2; and
WHEREAS, following due public notice, the second of
two required public hearings on Comprehensive Plan Amendment
93-2 was held on December 7, 1993, in accordance with
statutory requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of
Delray Beach, Florida, hereby declares its intent to exercise
the authority granted pursuant to the provisions of Florida
Statutes Sections 163.3161 through 163.3243, inclusive, known
as the "Local government Planning and Land Development
Regulation Act".
Section 2. That in implementation if its declared
intent as set forth in Section 1 of this ordinance, there is
hereby adopted the document entitled "Comprehensive Plan
Amendment 93-2", 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 93-2".
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 which are in conflict herewith are hereby repealed.
Section 6. That this ordinance shall become
effective upon issuance of a final order determining the
adopted amendment to be in compliance in accordance with
Florida Statutes Section 163.3184(9), by the State Department
-2- Ord. No. 84-93
of Community Affairs, or until the Administration Commission
issues a final order determining the adopted amendment to be
in compliance in accordance with Florida Statutes Section
163.3184(10).
PASSED AND ADOPTED in regular session on second and
final reading on this the 14th day of December ,
1993.
ATTEST;
Acting City Clerk
First Reading December 7, 1993
Second Reading December 14, 1993 ·
-3- Ord. No. 84-93
COMPREHENSIVE PLAN AMENDMENT 93-2
PUBLIC FACILITIES ELEMENT
1. Location: Pg. III-B-6, last paragraph, under ~acility
Capacity Analysis - Water Treatment Plant
Facility Capacity Analysis - Water Treatment
~Plant:
The design"capacity of the water treatment plant
is established by it's clarifier capacity which
is 2~1~ 27.2 MGD. The current demand at the
plant is approximately 13.2 MGD. The level of
service is established at 195 qDdc (gallons per
day per capita) daily average demand and at 263
gDdc peak demand.
· Under existing conditions the facility is
operating under capacity (13.2 MGD demand,
17.5 MGD @ peak demand; Z~]6 27.2 MGD
capacity)
· At the end of the first planning period (FY
94/95) the plant will still be operating
under capacity (14.0 MGD demand, 20.1 peak
demand; 27.2 MGD capacity, clarifier added
in t9~91990).
· At build-out (year 2000), the plant will
still be operating under capacity (14.5 MGD
demand, 21.9 peak demand; 27.2 MGD capacity)
· Presently 2% of the water processed at the
water treatment plant is allocated to the
Town of Gulfstream. At build-out that
proportionate share will be reduced to 1%.
The share of the City's treatment plant
capacity used by the City is 98% at present.
2. Location: Pg. III-B-27, Policy B-3.2
I~Z f~ ~ll ~ L~l~fi~l (Deleted by
Amendment 93-2)
3. Location: Pg. III-B-27, Policy B-3.3
~ff~ fP~I~ ~Z]X~Z (Deleted by Amendment
93-2)
Page 2
FUTURE LAND USE ELEMENT
1. Location: Pg. III-G-25, Objective B-3
Objective B-3:
The City of Delray Beach shall ~provide
facilities~ ~ ~~ Z~ and limited services
for that area within its planning boundaries
Which is not yet annexed~ ~Z The City shall
annex such properties in a quick and orderly
manner. This objective shall be accomplished
pursuant to the following policies:
2. Location: Pg. III-G-25, Policy B-3.1
Policy B-3.1 Services shall be provided to
unincorporated areas upon annexation and they
shall be at a level which exists for land uses
elsewhere in the City under the same or similar
conditions. However~ an individual service (e.g.
fire protection, code enforcement) may be
Provided to another jurisdiction through an
interlocal agreement.
3. Location: Pg. III-G-25, Policy B-3.2
Policy B-3.2 Water and sewer F~acilities shall
be provided to unincorporated areas by the City,
upon de~and, in a manner consistent with policies
of the City. The provision of water facilities
shall be accompanied by an agreement to
voluntarily annex upon eligibility unless the
property is already eligible in which case
annexation shall precede the provision of
services.
4. Location: Pg. III-G-25, Policy B-3.3a
Policy B-3.3a The City has petitioned Palm Beach
County to make changes to its Future Land Use Map
(FLUM) in order for there to be consistency
between City and County FLUM designations within
the Delray Beach Planning and Service Area.f~
Once consistency is achieved, the City shall
petition for an interlocal agreement wherein
provisions shall be made that the City's FLUM
designation shall be in effect immediately uDon
annexation of a specific parcel. Following any
annexation~ the Future Land Use Map, and
Page 3
appropriate portions of the Comprehensive Plan,
shall be amended to reflect the change in the
City's boundaries.
5. Location: Pg. III-G-25, Policy B-3.3b
Policy B-3.3b ~fi ~~I~fi ~f ~
¢~D~6~t~ ~X~fi~ For purposes of implementinq
Policy B-3.3a, the Future Land Use Map
designations as initially contained on the City's '
Future Land Use Map upon adoption in November,
1989, (and as formally amended subsequently) are
hereby deemed to be the Future Land Use Map
designations for the territory subject to
provisions of the interlocal aqreement.
6. Location: Pg. III-G-26, Policy B-3.4
Policy B-3.4 The City shall during FY 9Z/gZ the
period of FY 93/94 throuqh FY 94/95,
~~ through its Department of Planning and
Zoning, shall undertake t~I~Z the following
program for the annexation of remaintnq eligible
properties:
· preparation of an "urban services annexation
report" as required by Annexation Statutes
for each of the ~tfi~ remaininq designated
annexation areas:
workinq in concert with the Palm Beach
County Planning Department address the
annexation of improved property which lacks
adequate sewer, water, street, and/or
drainaqe facilities pursuant to the Palm
Beach County Annexation Incentive Proqram~
Pa~e 4
· proceed with annexation, pursuant to Florida
Statutes for voluntary annexations and for
the involuntary annexation of qualifying
enclaves;
· accommodate individual voluntary annexations
Z~fZ~ as the opportunities~ arise~.
The designated annexation areas are:
North Federal Highway
#2Southeast of Linton and Military Trail
#3Southwest of Linton and Military Trail
#4 East of Military Trail, north and south of
Atlantic Avenue
#5 West of Military Trail, north and south of
Atlantic Avenue (less Country Club Acres and
High Point of Delray West)
#6 East of Military Trail, north of Lake Ida
Road
#7 High Point of Delray West, west of Military
Trail
#8Country Club Acres, west of Military Trail
#9The Hardrives holdings off Congress Avenue
7. Location: Pg. III-G-33, Policy C-4.7
~ (Deleted by Amendment 93-2)
8. Location: Pg. III-G-39, Transitional Land Uses
TRANSITIONAL LAND USES: This designation is applied to land
which is developed, or is to be developed, for either
residential or nonresidential uses. In some instances this
designation provides for a transition between less intensive
residential use and commercial uses. In other instances, this
designation allows the establishment of uses which are
compatible with adjacent residential use. When Neighborhood
Commercial Zoning is placed within or adjacent to a residential
area~ such zoning shall be limited to two acres~ or less~ which
is sufficient to accommodate the needs of an immediate
residential neighborhood. While in others, it provides for uses
which are not as intensive as general commercial in areas where
residential use is not desirable and/or appropriate.
Residential development at a density between five and twelve
units per acre, mobile home parks and apartment development in
addition to condominiums, Continuing Care Facilities, A.C.L.F.,
and various types of group homes are appropriate under this
designation. Nonresidential development at an intensity
equivalent to that associated with medium density residential
land uses is also appropriate.
Page
INTERGOVERNMENTAL COORDINATION ELEMENT
1. Location: Pg. III-I-6, fourth bullet under COORDINATION
WITH SPECIAL DISTRICTS AND PLANNING AGENCIES.
~t~ ¢~&~&~ (Deleted by Amendment
93-2)
2. Location: Pg. III-I-8, under COORDINATION WITH SPECIAL
DISTRICTS AND PLANNING AGENCIES.
~ Comprehensive Plan Amendment Coordinated Review:
* mechanism - Interlocal Aqreement
~ nature L review of plan amendments proposed
by any local government in the
County
L procedures for conflict resolution
~ contact L elected official representation
throuqh the Palm Beach County
Municipal Leaque
~ activities L review of plan amendments
L early coordination and
consultation
- conflict identification and
resolution
coordination amonq local
government Planninq Directors
Multi-Jurisdictional Issues Coordination Forum
* mechanism L Interlocal Aqreement
~ nature L Forum for addressinq items of
a multi-jurisdictional nature
* contact - elected official is a member of
the Forum
* activities - issue identification & definition
L direction for disposition
- education and communication
Page
3. Location: Pg. III-I-14, second bullet under ANALYSIS AND
RECOMMENDATIONS.
Multi-jurisdictional planninq and coordina-
tion: Refer to Support Document #4 (Multi-
jurisdictional Coordination) as provided
with Plan Amendment 93-2 for a discussion of
countywide planninq efforts in Palm Beach -
County, the establishment of a collaborative
plan amendment review and issues program,
and the manner in which the City of Delray
Beach will approach implementation of the
ELMS-III leqislation of 1993.
4. Location: Pg. III-I-16, first bullet under ANALYSIS AND
RECOMMENDATIONS
Palm Beach County
· intergovernmental agreement establish-
ing the City's Planning Area and joint
land use review program . -- via an
interlocal agreement and ~ amendment
to the County Z~ ¢~ Land
Development Requlations in the same
manner that a similar action occurred
with respect to former enclave areas.
5. Location: Pg. III-I-18, Policy A-i.1.
Policy A-i.1
EI~I Notification of proposed plan
amendments shall be provided to all local units
of government in Palm Beach County and to
affected service providers through the Formal
Amendment Review Proqram. (cl)
Page 7
7. Location: Pg. III-I-18, Policy A-1.2.
Policy A-1.2 T~ Amendments to plans of adjacent
units of government shall be reviewed ~~ Z~
f~Z ~¢1~ ~W ~~ ~ pursuant to
the Formal Plan Amendment Review Proqram. ~ ~E
Manager~ or his designee~ is authorized to issue
a statement of "intent to object" when the
actions of another municipality may affect the
City of Delray Beach. Such situations may be
analyzed by the Local Planninq Agency who shall
recommend to the City Commission any formal
objection which is to be made. (c7)
8. Location: Pg. III-I-18, Policy A-1.3.
Policy A-1.3 Conflicts which may occur in the
implementation of the City's Comprehensive Plan
or which may occur in the implementation of the
Plan of a neighboring jurisdiction shall be
brought to the attention of the affected
jurisdiction in order to resolve the
~~l f~ ~6~Z~. If an early resolution of
the conflict cannot be achieved, the item will
first be taken to the Issues Forum for review and
direction. If further resolution is still
necessary, the informal mediation process
provided by the Treasure Coast Regional Planning
Commission shall be pursued by the City of Delray
Beach. (c2)
9. Location: Pg. III-I-19, Policy A-1.6.
Policy A-1.6 This objective and it's implementing
policies shall be followed for'each proposed plan
amendment ~ ~ff~ ~ I~X 6f ~~
10. Location: Pg. III-I-19, Policy A-1.7
Policy A-l.7 Whenever a development proposal
which involves a private land use petition that
requires Local Planning Agency review or
implements a development activity proposed in
this Comprehensive Plan and it is located within
one-quarter mile of the boundary of an adjacent
unit of government, a copy of the development
application or development activity description
shall be provided to the affected unit of
Page 8
government ~f~ ZM MMM~M~ZfMM M~ ZM~ Z~M~I
p~MMfM~ ~MM~ immediately upon its receipt by
the City of Delray Beach. In addition to the
above notice please see the requirements for an
assessment of any relationship in Policy A-1.8.
(c5)
11. Location: Pg. III-I-19, new Policy A-1.9.
~Policy A-1.9 (NEW): In order to gain compliance
with provisions of the 1993 ELMS-III leqislation~
the City of Delray Beach shall work with and
through the Multi-jurisdictional Issues Forum
including the allocation of resources necessary
to achieve compliance by December~ 1997~ or
earlier.
Page 9
AMENDMENTS TO THE FUTURE LAND USE MAP
1. Taheri Property: A change from from the Medium Density
Residential designation to Transitional designation on
approximately 35 acres of land known as the Taheri
property. The property location and pertinen~ site
information is shown an the attached cover sheet of the
supporting ~lanning and Zoning Board staff report.
2. Blood's Grove ProDert¥: A change on the Blood's Grove
property which relocates and affixes 16 acres of the
Community Facilities land use designation in the northeast
portion of the entire site. Adjustments to the previous
designations (deletion of previous C.F. designation
location) are provided in response to the DCA's ORC Report.
Attached is Figure OBJ-1 (excert from the Response to ORC
Report) which depicts the resulting land use configuration.
3. Annexed Territory: A change in the City's boundaries, as
shown on the Future Land Use Map, to reflect the annexation
of 11.01 acres of land involving existing uses. The
assigned land use designation of all the land is
Transitional. The property location and pertinent site
information is shown an the attached cover sheet of the
supporting Planning and Zoning Board staff report.
JW\ADOP93-2
Page 10
LANNING & ZO"".ING... BOARD
,¢1I¥ OF DELRAY BEACH --- STAFF REPORT---
IEETING DATE: June 14, 1993
~GENDA ITEM: II.A.a.
TEM: Taheri Property - Land Use Amendment from
Medium Density Residential to Transitional
GENERAL DATA:
Owner .................... MDL Realty Co.
c\o Z. E. Taheri
Applicant Kieran Ktlday
Kllday and Assoc.
Location ................. East side of Military
Trail, south of Linton
Boulevard.
Ctg¥ Land Hso Plan ....... ~odtum Donstg¥
Residential
Proposed Land Use Plan...Translttonal
County Zoning ............ AR (Agricultural
Residential)
Proposed Zoning .......... A (Agricultural
- Holding Zone)
Adjacent Zoning...North: POC (Planned Office
East: AR (Agricultural
Residential - PBC)
South: AR
West: RS (Residential -
Single Family - PBC)
and AR
Existing Land Use ........ Wholesale nursery.
Proposed Land Use ........ Wholesale nursery.
Water Service ............ Existing 12" water main
along Military Trail.
Sewer Service ............ Existing 8" sewer main
serving the South County
Professional Plaza, to
the north of the site.
LINTON BOULEVARD
MD-R
CF
I CC
OS LD-R
MD-R
FIGURE OBJ-1
PLANNING ANEZONING BOARC .
· CITY OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE: OCTOBER 18, 1993
AGENDA ITEM: IV. A.
ITEM: AI~NEXATION OF SUNSET PINES, DISCOUNT AUTO PARTS AND
DELKAY MEDICAL CENTER
PUBLIX
ATLANTIC
GENERAL DATA:
PiTtS Store)
~ocation ................. ~ocLh o[ atleh~lC Avenue,
~vl~ileflL o[ I ~hit~/ec~e)
Cu~nt County ~Qn/ng .... ~ (Nultf~J~ r~lly lelldefltlll) -
Su~et ~lflee
~ (C~Ial ~fle~4l) - Dlecouflt Auto
Auto
~lzey XNICel Cehte~
Zoning)
South: ~ (Plinn~ Ottlce Clfltez) In~ l
(&qclcultvzll)
[xlstlng ~nd Uees ....... Auto ~lrtl Storl, ~JCl~
Sewec Sluice ............ Plafl~f~ I' enec MI~ 4JOhg Atlintlc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
DATE: December 10, 1993
This is the second reading of an ordinance adopting Comprehensive Plan
Amendment 93-2 pursuant to the provisions of the "Local Government
Comprehensive Planning and Land Development Regulations Act", Florida
Statutes Sections 163.3161 through 163.3243, inclusive.
Significant items in Plan Amendment 93-2 include amending the Future
Land Use Map (FLUM) designation for the Taheri Property from Medium
Density Residential to Transitional and a possible amendment to the
FLUM for School Site "S" Other items include updates to the
Infrastructure Master Plans, Annexation Element, Intergovernmental
Coordination Element and Future Land Use Element.
The Department of Community Affairs (DCA), Objections, Recommendations
and Comments (ORC) Report was received on October 18th. There were
six objections, three (3) relative to the FLUM Amendments for the
Taheri and Blood's Grove properties; one a minor wording concern in
Land Use Element Policy B-3.3 (a); and two (2) with respect to
consistency with Treasure Coast Regional Planning Council and State
housing and land use goals and policies.
To accommodate the objections raised by DCA, staff has proposed
modifications to Amendment 93-2. Those items are addressed in the
staff report attached as backup material for this item. The other
items contained in Amendment 93-2 were approved as submitted.
The Planning and Zoning Board at their November 29th meeting
recommended approval of the modifications and recommended that the
territory annexed into the City (Sunset Pines, Discount Auto Part,
Spodak Medical Center) also be added to the Plan Amendment.
Recommend approval of Ordinance No. 84-93 on second reading, to
include the Sunset Pines, et al annexation.
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: DAVID J. KOVACS, DIRECTOR
PLANNING AND ZONING DEPARTMENT
SUBJECT: MEETING OF DECEMBER 14, 1993
ADOPTION OF PLAN AMENDMENT 93-2~ PUBLIC HEARING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
holding the required public hearing and approving
(adopting) Plan Amendment 93-2.
B A C K G'R 0 U N D:
First reading of the Adoption Ordinance occurred on December 7,
1993. At that time, the complete background material and
documentation was provided along with an analysis.
Attached to this documentation is the Ordinance and its exhibit.
The exhibit contains only the specific changes to the
Comprehensive Plan. The changes are shown through underlining
of new material and strike-through of ~~ %%~ ~ ~~.
Figure OBJ-1 has been modified to reflect the information
provided by letter of Carol Stanley as presented during first
reading.
PLANNING AND ZONING BOARD CONSIDERATION:
The attached exhibit reflects the previous recommendation made
by the Planning and Zoning Board.
RECOMMENDED ACTION:
By motion, after a public hearing, approve (adopt) Plan
Amendment 93-2.
Attachments:
* Ordinance 84-93 with exhibit
T:\advanced\~OPT5
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN
AMENDMENT 93-2 PURSUANT TO THE PROVISIONS OF THE
"LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND
DEVELOPMENT REGULATION ACT", FLORIDA STATUTES
SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"
ENTITLED "COMPREHENSIVE PLAN AMENDMENT 93-2" AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Delray Beach exercised the
authority granted pursuant to the provisions of Florida
Statutes Sections 163.3161 through 163.3243, known as the
"Local Government Comprehensive Planning and Land Development
Regulation Act; and
WHEREAS, via Ordinance No. 82-89 the City Commission
adopted the document entitled "Comprehensive Plan - Delray
Beach, Florida"; and
WHEREAS the Planning and Zoning Board, as Local
Planning Agency, did prepare an amendment to the Comprehensive
Plan entitled "Comprehensive Plan Amendment 93-2"; and
WHEREAS, the Planning and Zoning Board, as Local
Planning Agency, following due public notice, held a public
hearing on June 14, 1993, in accordance with the requirements
of the "Local Government Comprehensive Planning and Land
Development Regulation Act"; and
WHEREAS, after the above referenced public hearing,
the Planning and Zoning Board, as Local Planning Agency,
recommended to the City Commission that the proposed
Comprehensive Plan Amendment 93-2 be adopted; and
WHEREAS, proposed Comprehensive Plan Amendment 93-2
was submitted to and reviewed by the City Comraission; and
WHEREAS, following due public notice, the first of
two required public hearings on Comprehensive Plan Amendment
93-2 was held by the City Commission on June 22, 1993, at
which time it was authorized to be transmitted to the
Department of Community Affairs for required review; and
WHEREAS, a report of Objections, Recommendations and
Comments has been received from the State Department of
Community Affairs and said report has been reviewed by the
Planning and Zoning Board, as Local Planning Agency, and is
the basis for modifications to the proposed Comprehensive Plan
Amendment 93-2; and
WHEREAS, following due public notice, the second of
two required public hearings on Comprehensive Plan Amendment
93-2 was held on December 7, 1993, in accordance with
statutory requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Conunission 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 if its declared
intent as set forth in Section 1 of this ordinance, there is
hereby adopted the document entitled "Comprehensive Plan
Amendment 93-2", 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 93-2".
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 which are in conflict herewith are hereby repealed.
Section 6. That this ordinance shall become
effective upon issuance of a final order determining the
adopted amendment to be in compliance in accordance with
Florida Statutes Section 163.3184(9), by the State Department
of Com~nunity Affairs, or until the Achninistration Comalission
issues a final order determining the adopted amendment to be
in compliance in accordance with Florida Statutes Section
163.3184(10).
- 2 - Ord. No.
PASSED AND ADOPTED in regular session on second and
final reading on this the 14th day of December ,
1993.
MAYOR
ATTEST;
Acting City Clerk
First Reading December 7~ 1993
Second Reading December 14~ 1993
JW\Advanced\ORD93-2
- 3 - Ord. No.
COMPREHENSIVE PLAN AMENDMENT 93-2
PUBLIC FACILITIES ELEMENT
1. Location: Pg. III-B-6, last paragraph, under Facility
Capacity Analysis - Water Treatment Plant
.Facility Capacity Analysis - Water Treatment
Plant:
The design capacity of the water treatment plant
is established by it's clarifier capacity which
is Z~ 27.2 MGD. The current demand at the
plant is approximately 13.2 MGD. The level of
service is established at 195 gpdc (gallons per
day per capita) daily average demand and at 263
gpdc peak demand.
· Under existinq conditions the facility is
operating under capacity (13.2 MGD demand,
17.5 MGD @ peak demand; 2~]~ 27.2 MGD
capacity)
· At the end of the first planning period (FY
94/95) the plant will still be operating
under capacity (14.0 MGD demand, 20.1 peak
demand; 27.2 MGD capacity, clarifier added
in Z9~1990).
· At build-out (year 2000), the plant will
still be operating under capacity (14.5 MGD
demand, 21.9 peak demand; 27.2 MGD capacity)
· Presently 2% of the water processed at the
water treatment plant is allocated to the
Town of Gulfstream. At build-out that
proportionate share will be reduced to 1%.
The share of the City's treatment plant
capacity used by the City is 98% at present.
2. Location: Pg. III-B-27, Policy B-3.2
t~¢Z f~ ~ll ~ I~Z~Z~/ (Deleted by
Amendment 93-2)
Page i
FUTURE LAND USE ELEMENT
1. Location: Pg. III-G-25, Objective B-3
Objective B-3:
The City of Delray Beach shall -provide
facilities~ ~ ~~ ~ and limited services
for that area within its planning boundaries
which is not yet annexed~ ~Z The City shall
annex such~ properties in a quick and orderly
manner. This objective shall be accomplished
pursuant to the following policies:
2. Location: Pg. III-G-25, Policy B-3.1
Policy B-3.1 Services shall be provided to
unincorporated areas upon annexation and they
shall be at a level which exists for land uses
elsewhere in the City under the same or similar
conditions. However, an individual service (e.g.
fire protection, code enforcement) may be
provided to another jurisdiction through an
interlocal agreement.
3. Location: Pg. III-G-25, Policy B-3.2
Policy B-3.2 Water and sewer F~acilities shall
be provided to unincorporated areas by the City,
upon demand, in a manner consistent with policies
of the City. The provision of water facilities
shall be accompanied by an agreement to
voluntarily annex upon eligibility unless the
property is already eligible in which case
annexation shall precede the provision of
services.
4. Location: Pg. III-G-25, Policy B-3.3a
Policy B-3.3a The City has petitioned Palm Beach
County to make changes to its Future Land Use Map
(FLUM) in order for there to be consistency
between City and County FLUM designations within
the Delray Beach Planning and Service Area.f~
Once consistency is achieved, the City shall
petition for an interlocal agreement wherein
provisions shall be made that the City's FLUM
designation shall be in effect immediately upon
annexation of a specific parcel. Following any
annexation, the Future Land Use Map, and
appropriate portions of the Comprehensive Plant
shall be amended to reflect the change in the
City's boundaries.
5. Location: Pg. III-G-25, Policy B-3.3b
Policy B-3.3b ~ ~Z~ ~f ~ ~
¢~D~~g~ P~I For purposes of implementing
Policy B-3.3at the Future Land Use Map
designations as initially contained on the City's
Future Land Use Map upon adoption in Novembert
1989, (and as formally amended subsequently) are
hereby deemed to be the Future Land Use Map
designations for the territory subject to
provisions of the interlocal agreement.
6. Location: Pg. III-G-26, Policy B-3.4
Policy B-3.4 The City shall during FY 92/9Z the
period -of FY 93/94 through FY 94/95, gf ~Z
~~ through its Department of Planning and
Zoning, shall undertake g~g~Z the following
program for the annexation of remaining eligible
properties:
· preparation of an "urban services annexation
report" as required by Annexation Statutes
for each of the ~g~ remaining designated
annexation areas:
working in concert with the Palm Beach
County Planning Department address the
annexation of improved property which lacks
adequate sewert watert streett and/or
drainage facilities pursuant to the Palm
Beach County Annexation Incentive Programs
Page 4
· proceed with annexation, pursuant to Florida
Statutes for voluntary annexations and for
the involuntary annexation of qualifying
enclaves;
· accommodate individual voluntary annexations
ZM~fZ~ as the opportunities~ arise~.
The designated annexation areas are:
North Federal Highway
#2Southeast of Linton and Military Trail
#3Southwest of Linton and Military Trail
#4 East of Military Trail, north and south of
Atlantic Avenue
#5 West of Military Trail, north and south of
Atlantic Avenue (less Country Club Acres and
High Point of Delray West)
#6 East of Military Trail, .north of Lake Ida
Road
#7 High Point of Delray West, west of Military
Trail
#8Country Club Acres, west of Military Trail
#9The Hardrives holdings off Congress Avenue
7. Location: Pg. III-G-33, Policy C-4.7
~J (Deleted by Amendment 93-2)
8. Location: Pg. III-G-39, Transitional Land Uses
TRANSITIONAL LAND USES: This designation is applied to land
which is developed, or is to be developed, for either
residential or nonresidential uses. In some instances this
designation provides for a transition between less intensive
residential use and commercial uses. In other instances, this
designation allows the establishment of uses which are
compatible with adjacent residential use. When Neighborhood
Commercial Zoning is placed within or adjacent to a residential
area~ such zoning shall be limited to two acres~ or less~ which
is sufficient to accommodate the needs of an immediate
residential neighborhood. While in others, it provides for uses
which are not as intensive as general commercial in areas where
residential use is not desirable and/or appropriate.
Residential development at a density between five and twelve
units per acre, mobile home parks and apartment development in
addition to condominiums, Continuing Care Facilities, A.C.L.F.,
and various types of group homes are appropriate under this
designation. Nonresidential development at an intensity
equivalent to that associated with medium density residential
land uses is also appropriate.
Page 5
INTERGOVERNMENTAL COORDINATION ELEMENT
1. Location: Pg. III-I-6, fourth bullet under COORDINATION
WITH SPECIAL DISTRICTS AND PLANNING AGENCIES.
~Z~ ~Z~ (Deleted by Amendment
93-2)
2. Location: Pg. III-I-8, under COORDINATION WITH SPECIAL
DISTRICTS AND PLANNING AGENCIES.
~ Comprehensive Plan Amendment Coordinated Review:
* mechanism - Interlocal Aqreement
~ nature L review of plan amendments proposed
by any local government in the
County
L procedures for conflict resolution
~ contact L elected official representation
throuqh the Palm Beach County
Municipal Leaque
~ activities L review of plan amendments
L early coordination and
consultation
- conflict identification and
resolution
coordination amonq local
~overnment Planninq Directors
Multi-Jurisdictional Issues Coordination Forum
* mechaniSm L Interlocal Aqreement
~ nature L Forum for addressinq items of
a multi-jurisdictional nature
* contact - elected official is a member of
the Forum
* activities - issue identification & definition
L direction for disposition
- education and communication
Page 6
3. Location: Pg. III-I-14, second bullet under ANALYSIS AND
RECOMMENDATIONS.
Multi-jurisdictional planninq and coordina-
tion: Refer to Support Document #4 (Multi-
jurisdictional Coordination) as provided
with Plan Amendment 93-2 for a discussion of
countywide planning efforts in Palm Beach
County, the establishment of a collaborative
plan amendment review and issues program,
and the manner in which the City of Delray
Beach will approach implementation of the
ELMS-III legislation of 1993.
4. Location: Pg. III-I-16, first bullet under ANALYSIS AND
RECOMMENDATIONS
Palm Beach County
· intergovernmental agreement establish-
ing the City's Planning Area and joint
land use review program . -- via an
interlocal agreement and Z~d~ amendment
to the County Z~ ¢~ Land
Development Regulations in the same
manner that a similar action occurred
with respect to former enclave areas.
5. Location: Pg. III-I-18, Policy A-i.1.
Policy A-i.1 ~ ~Z~d ~f ~I~I~ ~f ~½d
EId~d~f Notification of proposed plan
amendments shall be provided to all local units
of government in Palm Beach County and to
affected service providers through the Formal
Amendment Review Prqgram. (cl)
Page
7. Location: Pg. III-I-18, Policy A-1.2.
Policy A-1.2 T~ Amendments to plans of adjacent
units of government shall be reviewed ~~ ~
f~ ~l~l~ ~W ~~ ~M~ pursuant to
the Formal Plan Amendment Review Proqram. ~ ~
~anaqer~ or his des~gnee~ is authorized to issue
a statement of "intent to object" when the
actions of another municipality may affect the
City of Delray Beach. Such situations may be
analyzed by the Local Planning Agency who shall
recommend to the City Commission any formal
objection which is to be made. (c7)
8. Location: Pg. III-I-18, Policy A-1.3.
Policy A-1.3 Conflicts which may occur in the
implementation of the City's Comprehensive Plan
or which may occur in the implementation of the
Plan of a neighboring jurisdiction shall be
brought to the attention of the affected
jurisdiction in order to resolve the
situation~ B~ ~~ ¢~I~W~ ~Z~flfl~M~
¢~M~I f~ ~6~Zf~M. If an early resolution of
the conflict cannot be achieved, the item will
first be taken to the Issues Forum for review and
direction. If further resolution is still
necessar¥~ the informal mediation process
provided by the Treasure Coast Regional Planning
Commission shall be pursued by the City of Delray
Beach. (c2)
9. Location: Pg. III-I-19, Policy A-1.6.
Policy A-1.6 This objective and it's implementing
policies shall be followed for'each proposed plan
amendment WM~¢M ~ff~E~ ~ I~I 6f ~~
10. Location: Pg. III-I-19, Policy A-1.7
Policy A-1.7 Whenever a development proposal
which involves a private land use petition that
requires Local Planning Agency review or
implements a development activity proposed in
this Comprehensive Plan and it is located within
one-quarter mile of the boundary of an adjacent
unit of government, a copy of the development
application or development activity description
shall be provided to the affected unit of
Page 8
government ~f6M ~M MMM~M6~Z~M M~ ZM6 ZM~I
~Z~M~M~ K~MM~ immediately upon its receipt by
the City of Delray Beach. In addition to the
above notice please see the requirements for an
assessment of any relationship in Policy A-1.8.
(c5)
11. Location: Pg. III-I-19, new Policy A-1.9.
Policy A-1.9 (NEW): In order to gain compliance
with provisions of the 1993 ELMS-III leqislation~
the City of Delra¥ Beach shall work with and
throuqh the Multi-jurisdictional Issues Forum
includinq the allocation of resources necessary
to achieve compliance by December~ 1997, or
earlier.
Page 9
AMENDMENTS TO THE FUTURE LAND USE MAP
1. Taheri Property: A change from from the Medium Density
Residential designation to Transitional designation on
approximately 35 acres of land known as the Taheri
property. The property location and pertinent site
information is shown an the attached cover sheet ~of the
supporting Planning and Zoning Board staff report.
2. Blood's Grove Property: A change on the Blood's Grove
property which reloCates and affixes 16 acres of the
Community Facilities land use designation in the northeast
portion of the entire site. Adjustments to the previous
designations (deletion of previous C.F. designation
location) are provided in response to the DCA's ORC Report.
Attached is Figure OBJ-1 (excert from the Response to ORC
Report) which depicts the resulting land use configuration.
3. Annexed Territory: A change in the City's boundaries, as
shown on the Future Land Use Map, to reflect the annexation
of 11.01 acres of land involving existing uses. The
assigned land use designation of all the land is
Transitional. The property location and pertinent site
information is shown an the attached cover sheet of the
supporting Planning and Zoning Board staff report.
JW\ADOP93-2
Pag~ 10
L-ANNING & ZO.:'i !!NG BOARD @.
~ITY 'OF DELRAY BEACH --- STAFF REPORT---
IEETING DATE: June 14, 1993
~GENDA ITEM: II.^.a.
TEM: Taheri Property - Land Use Amendment from
Medium Density Residential to Transitional
GENERAL DATA: ~,.,o. ......
i
Owner .................... MDL Realty Co.
c\o Z. E. Tahert
Applicant Kieran Kllday
Kllday and Assoc.
Location ........ ......... East side of Military
Trail, south of Ltnton
Boulevard.
property Size ............ 35.43 acres ---... ..............
City Land Use Plan ....... Medium Density '
Residential
Proposed Land Use Plan...Transltional
County Zoning ............ AR (Agricultural
Residential)
Proposed Zoning .......... A (Agricultural
- Holding Zone)
Adjacent Zoning...North: POC (Planned Office
Center)
East: AR (Agricultural
Residential - PBC)
South: AR
West: RS (Residential -
Single Family - PBC)
and AR
Existing Land Use ........ Wholesale nursery..
Proposed Land Use ........ Wholesale nursery.
Water Service ............ Existing 12" water main
along Military Trail.
Sewer Service ............ Existing 8" sewer main
serving the South County
Professional Plaza, to
the north of the site. II.A.a.
LINTON BOULEVARD
MD-R
CF
MD-R
FIGURE OBJ-1
PLANNING ANEZONING BOARC
· CITY OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE: OCTOBER 18, 1993
AGENDAITEM: IV.A.
ITEM: ANNEXATION OF SUNSET PINES, DISCOUNT AUTO PARTS AND
DELRAY MEDICAL CENTER
PuI~rx
GENERAL DATA:
O~nere ................... 1t Individual Unit Ovnere {lu~eet
terte Stere)
Location ................. ~oc~h
CA~y ~and Use FZIn .......
CounCy ~nd Uae Plan ..... ~-S (Kultiple F~lly
~-I {C~rclol vlth m relldentiml
~ (C~KIe~ ~ezo)) - DIBCOUn~ Auto
~ (C~FcIo~ High Intensity Office)
Zoning)
~xJs~n~ ~nd Ulel ....... AvCo P~rCl
A~enue d~ dm I' MAn Oe~Jng Suh~o~
fLfles
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ \~ - MEETING OF DECEMBER 7. 1993
ORDINANCE NO. 84-93/COMPREHENSIVE PLAN AMENDMENT 93-2
DATE: December 5, 1993
This is the first reading and public hearing of an ordinance adopting
Comprehensive Plan Amendment 93-2 pursuant to the provisions of the
"Local Government Comprehensive Planning and Land Development
Regulations Act", Florida Statutes Sections 163.3161 through 163.3243,
inclusive.
Significant items in Plan Amendment 93-2 include amending the Future
Land Use Map (FLUM) designation for the Taheri Property from Medium
Density Residential to Transitional and a possible amendment to the
FLUM for School Site "S" Other items include updates to the
Infrastructure Master Plans', Annexation Element, Intergovernmental
Coordination Element and Future Land Use Element.
The Department of Community Affairs (DCA), Objections, Recommendations
and Comments (ORC) Report was received on October 18th. There were
six objections, three (3) relative to the FLUM Amendments for the
Taheri and Blood's Grove properties; one a minor wording concern in
Land Use Element Policy B-3.3 (a); and two (2) with respect to
consistency with Treasure Coast Regional Planning Council and State
housing and land use goals and policies.
To accommodate the objections raised by DCA, staff has proposed
modifications to Amendment 93-2. Those items are addressed in the
staff report attached as backup material for this item. The other
items contained in Amendment 93-2 were approved as submitted.
The Planning and Zoning Board at their November 29th meeting
recommended approval of the modifications and recommended that the
territory annexed into the City (Sunset Pines, Discount Auto Part,
Spodak Medical Center) also be added to the Plan Amendment.
Recommend approval of Ordinance No. 84-93 on first reading, to
include the Sunset Pines, et al annexation. If passed public hearing
December 14th.
CITY COMM I S S I ON DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: -~ ..... D~VlD J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 7, 1993
ADOPTION OF PLAN AMENDMENT 93-2~ FIRST READING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance adopting Plan
Amendment 93-2.
Remaining actions include a properly noticed public hearing
to be held on December 14th and final action.
BACKGROUND:
Plan Amendment 93-2 proposes changes to three elements, fourteen
policies and related background data. It also contains two
amendments to the Future Land Use Map (FLUM). Attached is the
Planning and Zoning Board's staff report (November 29th), which
provides further information about the Amendment. A copy of the
transmittal document (actual changes and support documents) is
available in the Planning Department office.
The City Commission forwarded the proposed Amendment to DCA, for
mandatory review, by action on June 22, 1993. The review
process has been completed and a report of Objections,
Recommendations, and Comments (ORC) has been returned to the
City. The ORC contains six objections. Three of those relate
to the FLUM amendments; one a minor wording concern; and two
deal with consistency with the TCRPC and State goals and
policies. These latter items are accommodated with an
acceptable response to the three FLUM related objections. The
objections and recommended responses are addressed in the
accompanying Planning and Zoning Board's staff report (November
29th).
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of November 29, 1993. By unanimous vote, the Board
recommended the following:
1. That the land use designations for the Blood's Grove
property be revised as shown in Figure OBJ-1.
City Commission Documentation
Adoption of Plan Amendment 93-2, First Reading
Page 2
2. That modifications be made to the description of
TRANSITIONAL LAND USES, Page III-G-39, to place a two acre
limitation on Neighborhood Commercial (NC) Zoning. (See
Page 2 of the Response to ORC Report).
3. That the Future Land Use Element, Policy B-3.3(a), be
modified as recommended by DCA. (See Page 5 of the
Response to ORC Report).
4. That the territory (Sunset Pines, Discount Auto, Spodak
Medical), with FLUM designations, which was annexed in
November, be added to the Plan Amendment.
5. That, upon accommodation of the above, Plan Amendment 93-2
be approved (adopted).
R E C 0 M M E N D E D A C T I O N:
By motion, approve this adoption ordinance on first reading,
with appropriate public hearings scheduled for December 14,
1993.
Attachment:
* P&Z Board's staff report & documentation of November 29,
1993
T: \Advanced\Adopt 4
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: NOVEMBER 29, 1993
AGENDA ITEM: II.A. RESPONSE TO ORC REPORT 93-2
ITEM BEFORE THE BOARD:
The item before the Board is that of review to our Response
to the ORC Report for Plan Amendment 93-2. Associated with
this review are proposed modifications to Plan Amendment
93-2.
The action to be taken is in the form of a recommendation
to the City Commission.
BACKGROUND:
Plan Amendment 93-2 was heard by the Planning and Zoning Board
on June 14th. It was transmitted to DCA, by action of the City
Commission, on July 1st. The DCA Objections, Recon%mendations,
and Comments (ORC) Report was received on October 18th.
Plan Amendment 93-2 proposed changes to three elements, 14
policies, and related background data. It also contains two (2)
amendments to the Future Land Use Map (FLUM). Please refer to
the Table of Contents for the Amendment (attached) for an
outline of the items which were considered.
The Board is to review the Response to ORC Report and the
related modifications to the Plan Amendment 93-2. The City
Commission will then consider the Board's recommendation when it
acts on the adoption ordinance. The ordinance will be before
the City Commission for first reading on December 7th; and,
second reading (adoption) on December 14th.
In addition to the above, it is appropriate to add the Sunset
Pines/Discount Auto Annexation to this amendment so that the
FLUM reflects the actual boundaries of the City.
ANALYS I S:
The ORC Report contains six (6) objections. Three (3) of those
relate to the FLUM amendments; one (1) a minor wording concern
in Land Use Element Policy B-3.3(a); and two (2) deal with
consistency with TCRPC and State goals and policies. These
latter items will be accommodated with an acceptable response to
the three FLUM related objections.
Attached is an analysis and recommended disposition for each of
the objections.
II .A.
Planning & Zoning Board Memorandum Staff Report
Response to ORC Report 93-2
Page 2
R E C O M M E N D E D A C T I 0 N:
By motion, accept the Response to ORC Report and recommend to
the City Commission that Plan Amendment 93-2 be modified as
described below and then adopted.
1. Revise the land use designations for the Blood's Grove
property as shown in Figure OBJ-1.
2. Modification of the description of TRANSITIONAL LAND USES,
Page III-G-39 to place a two acre limitation on
Neighborhood Commercial (NC) zoning. (See Page 2 of the
Response to ORC Report.)
3. Modification of Future Land Use Element Policy B-3.3(a) as
recommended by DCA. (See Page 5 of the Response to ORC
Report.)
4. Add the territory (Sunset Pines, Discount Auto, Spodak
Medical), with FLUM designations, which was annexed in
November.
Attachments:
* Table of Contents from Plan Amendment 93-2 Transmittal
* Response to ORC Report Objections with Attachments
* ORC Report .~.-- .... -
Report prepared by DJK on 11-22-9J: ..... '.-~-. dl3-e
DJK/ORC--93--2.DOC
TABLE OF CONTENTS
CITY OF DELRAY BEACH
COMPREHENSIVE PLAN AMENDMENT 93-2
PAGE
1 PUBLIC. FACILITIES ELEMENT
1 Water Treatment Plant Capacity
2 Policy B-3.2 Financing Final Phase of WTP Expansion
3 Policy B-3.3 Consideration Prior to Expansion of WTP
4 FUTURE LAND USE ELEMENT
4 Objective B-3 Services Within the Planning Boundaries
4 Policy B-3.1 Standard for Provision of Services
5 Policy B-3.2 Provision of Facilities on Demand
5 Policy B-3.3 Coordination with County re Land Use
6 Policy B-3.4 Annexation Program
8 Policy C-4.7 Beautification and Use of Alleys
9 INTERGOVERNMENTAL COORDINATION ELEMENT
9 Palm Beach Countywide Planning Council
9 Plan Amendment Coordinated Review
10 Multi-Jurisdictional Planning and Coordination
11 Joint Land Use Review
11 Policy A-1.1 Plan Distribution Prior to Adoption
11 Policy A-1.2 Consistency with Adjacent Governments
12 Policy A-1.3 Mediation of Conflicts
13 Policy A-1.6 Continuing Application of Plan
Coordination
13 Policy A-1.7 Adjacent Local Government Notification
14 Policy A-1.9 Multi-jurisdictional Issues Forum
15 AMENDMENTS TO THE FUTURE LAND USE MAP
15 Taheri Land Use Amendment
15 Blood's Grove Land Use Amendment
SUPPORT DOCUMENTS
Appendix
i Water Treatment Plant
2 Planning Area Jurisdiction
3 Beautification Program for CBD Alleys
4 Multi-jurisdictional Coordination
5 Taheri Land Use Amendment
6 Blood's Grove Land Use Amendment
PLAN AMENDMENT 93-2
RESPONSE TO OBJECTIONS AND RECOMMENDATIONS
OF THE ORC REPORT
General:
Plan Amendment 93-2 was heard by the Planning and Zoning Board
on June 14th. It was transmitted to DCA, by action of the City
Commission, on .July 1st. The DCA Objections, Recommendations,
and Comments (ORC) Report was received on October 18th.
Plan Amendment 93-2 proposed changes to three elements, 14
policies, and related background data. It also contains two (2)
amendments to the Future Land Use Map (FLUM). The ORC Report
contains six (6) objections. Three (3) of those relate to the
FLUM amendments; one (1) a minor wording concern in Land Use
Element Policy B-3.3(a); and two (2) deal with consistency with
TCRPC and State goals and policies.
ORC OBJECTION #1~
The City's public facilities analysis does not adequately
describe the demand nor the cumulative impacts of the
Future Land Use Map amendments upon all public facilities.
DCA Recommendation: Provide data in prescribed format (sample
provided). Limit the size of a' neighborhood commercial center
within the text of the Comprehensive Plan or use commercial as
the basis for the traffic analysis.
Response: With respect to the public facilities impact upon the
land use change associated with Blood's Grove properties, the
following is provided:
* This item was initially identified as a change from Low
Density Residential to Community Facilities with a property
area of sixteen (16) acres. During the transmittal
hearing, the property owner clarified that the modification
was not that of changing categories of land use, but
rather, the relocation of land use designations.
* The totality of Blood's Grove contains land use
designations including approximately 25 acres of Community
Facilities and Open Space, and 35 acres of Low Density
Residential.
* A re-arrangement of land use is shown in Figure OBJ-1.
* The resulting land use allocations are the same; thus,
there is no change in the public facilities demands based
upon this land use reallocation.
With respect to the public facilities impact upon the land use
change associated with the Taheri properties, a public
facilities analysis is provided tn the prescribed format along
with a more detailed traffic study (Exhibits OBJ-A and OBJ-B).
The results show the following:
Traffic + 2,813 average dally trips
Sewer - 3,720 gallons per day
Water - 3,720 gallons per day
Solid Waste + 5,211 pounds per day
Recreation - 2.79 acres
The reductions in water consumption and sewage generation will
not adversely impact facilities.
The increase in solid waste is handled by a regional facility.
Since the marketability of the property as office will be demand
driven, the location of office at this site will be off-set by a
diminishing of office elsewhere (i.e. on the regional level, the
demand will be off-set). More specifically, in the past year,
the City has rezoned 18 acres of Planned Office (POC) to
Multi-family Residential (RM). This offsets the theoretical
increase in solid waste demand by a significant degree. Since
the transitional land use accommodates either residential or
office, the impact of office on this service is not considered
as an adversity. With respect to the neighborhood commercial
component there is a reduction in solid waste generation.
While the traffic impact shows an increase tn ADT, that increase
does not exceed the LOS for a six lane facility. Since the
current four lane facility does not meet LOS, no development
under the proposed plan amendment could occur until six laning
is accommodated. See the traffic report for a more detailed
analysis and rationale.
With respect to the recommendation dealing with a limitation on
the amount of acreage to be accommodated in a neighborhood
commercial center, language is proposed to include such a
limitation within the Future Land Use Element.
Modifications:
1. Revised land use designation re-allocation for Blood's
Grove as shown in Figure OBJ-1.
2. Change to the Future Land Use Element, Page III-G-39:
TRANSITIONAL LAND USES: This designation is applied to
land which is developed, or is to be developed, for either
residential or nonresidential uses. In some instances this
designation provides for a transition between less
intensive residential use and commercial uses. In other
instances, this designation allows the establishment of
uses which are compatible with adjacent residential use.
- 2 -
When Neighborhood Commercial Zoning is placed within or
adjacent to a residential area, such zoninq shall be
limited to two acres, or lessr which is sufficient to
accommodate the needs of an immediate residential
neighborhood. While in others, it provides for uses which
are not as intensive as general commercial in areas where
residential use is not desirable and/or appropriate.
ORC OBJECTION #2:
Elimination of 51 acres of medium density housing and up to
612 dwelling units. Lack of analysis as to impact of this
loss upon meeting residential land use demands~ Lack of
analysis with respect to impact of this diminishing upon
affordable housing and the City's ability to meet the
projected needs.
DCA Recommendation: Include an analysis to show that adequate
medium density land exists to meet projected housing needs.
Response: The amendment as initially drafted involved the
following:
* Blood's 16 acres from Low Density to Community Fac.
* Taheri 35 acres from Med Density to Transitional.
With the explanation given to Objection %1, there is no longer a
land use classification change on Blood's. The change on
Taheri's could involve 420 units.
As with many other urban municipalities, the population demand
is created by pressures greater than within the boundaries of
the municipality (i.e. the optimum land use balance extends over
more than one municipality). During preparation of our
population forecasts and methodology, this situation was
discussed with and accepted by DCA. Thus, the Delray Beach
housing "demand" is based upon the urban in-fill approach (i.e.
achieving build-out with balanced land uses). Since the time of
preparation of the Comprehensive Plan (1989), the City has
up-dated its vacant land information. Provided is an excerpt
from our most recent Population Tracking System report. It
shows the potential for future residential development (minimum
acreage of five acres, does not include individual lot in-fill)
at approximately 5,800 units as compared to 3,650 in the adopted
Comprehensive Plan. Besides more accurate information, this
change has occurred in that a 36 acre school site was relocated
to a site which had a Transitional land use designation; thus,
creating 36 acres of housing potential. Another 18 acre parcel
designated as Transitional has been rezoned and is being
developed with 122 multiple family units. And, there appears to
have been an error in that the medium density land use
allocation for Taheri was not included in the initial "available
land" table (L-4, Future Land Use Element).
- 3 -
Given the above and the more current information provided in the
Population Tracking System Report, it is clear that there
remains sufficient land available to meet the population demands
as reflected in the adopted Comprehensive Plan.
Although the point in the objection about the opportunity to
provide affordable housing was not addressed in the DCA
recommended act-ion, the Housing Element of our Comprehensive
Plan sets forth a very aggressive program and strategies for
meeting the affordable housing needs 'of Delray Beach. Besides
the construction of Auburn Trace (multiple family) and Allamanda
Gardens (single family detached) residential developments since
the adoption of our Comprehensive Plan, we have Just witnessed
the award of State credits for The Groves of Delray, a 156 unit
multiple family project.
Modifications: None.
ORC OBJECTION #3:
Lack of data and analysis for the Taheri land use change.
Incons£stency with Future Land Use Objective A-1 and
Policies A-1.2, A-1.3, A-1.6 and Housing Element Policies
A-2.4 and C-2.4
DCA Recommendation: Include data and analysis to show the
amendment could accommodate projected needs; that the deletion
of medium density residential will not adversely impact the
City's ability to meet residential land use demands; and, that
consistency with cited policies exist.
Response: Please refer to Exhibit OBJ-D prepared by Kllday &
Associates for the data and analysis which is requested. In
addition to that information, the change to the Transitional
Land Use descripticn (response to Objection #1) provides further
compatibility between the neighborhood commercial center
potential and nearDy residential land use.
Future Land Use Policy A-1.6 states "To encourage redevelopment
of the City's C~ntral Business District, Future Land Use Map
amendments to Commercial designations in outlying areas of the
City's Planning Area, shall not be accommodated". Technically,
this Policy does not have applicability since the referenced
Commercial designations would be "Commercial Core" and "General
Commercial" (Page III-G-40) neither of which are being proposed.
From a pragmatic perspective, the potential for neighborhood
commercial zoning, under the Transitional land use designation,
and limitations contained therein (specifically in allowable
uses) do not have any relationship to the CBD which is five
miles to the northeast.
- 4 -
Housing Element Policies A-2.4 calls for the most restrictive
residential zoning designation areas shown as "stable
residential" on the Housing Map. That Map, Figure H-5, Housing
Element does not identify the Taheri property under the "stable
residential" designation.
Housing Element Policy C-2.4 provides that development of. vacant
land which is zoned for residential purposes shall be de~eloped
in a manner consistent with adjacent development regardless of
zoning. This ~policy primarily deals with situations where
single family land use or low intensity multiple family use
exist in multiple family'zoned areas. In such instances, the
policy allows the City to restrict the intensity of development
(as allowed by the zoning district) to that which is compatible
with adjacent properties. In the situation at-hand, the only
existing land use adjacent to the Taheri site is that of office.
The Del Air residential subdivision, to the south, is separated
by property owned by Blood's Grove and that property has a FLUM
designation of medium density residential.
Modifications: None.
ORC OBJECTION #4:
To Future Land Use Element Policy B-3.3(a) ~n that it
accommodates a self-amending future land use map (plan).
DCA Recommendation: Provide language similar to "Following any
annexation, the Comprehensive Plan will be amended to reflect
the change in the City's boundaries".
Response: Acceptance of the DCA recommendation.
Modification: Change Future Land Use Element Policy B-3.3(a) as
follows:
The City has petitioned Palm Beach County to make changes
to its Future Land Use Map (FLUM) in order for there to be
consistency between City and County FLUM designations
within the Delray Beach Planning and Service Area. Once
consistency is achieved, the City shall petition for an
interlocal agreement wherein provisions shall be made that
the City's FLUM shall be in effect immediately upon
annexation of a specific parcel. Followinq any annexationt
the Future Land Use Mapt and appropriate portions of the
Comprehensive Plant shall be amended to reflect the change
in the City's boundaries.
ORC OBJECTION
The proposed amendments are not consistent with TCRPC
Policies and State Goals and Policies as followsl
- 5 -
TCRPC Goal 5.1.1 (Housing) Policies 5.1.1.1 & 5.1.1.3
TCRPC Goal 16.1.2 (Land Use) Policies 16.1.2.1, 16.1.1.2,
and 16.1.2.$
State Goal (5) Housing~ Policy 3
State Goal (7) Land Use~ Policy 7
DCA Recommendation: Revise the proposed amendment to be
consistent with-the above.
Response: The cited State Goal (7) and related policy (7)
appears to have been misstated and should be Goal (16) Land Use
with the applicable policy being (3).
With acceptance of the new information and the modifications put
forth elsewhere in this report, consistency with the above goals
and policies is made.
ADDITIONAL ITEM~ NOT PREVIOUSLY CONSIDERED IN THE TRANSMITTED
(PROPOSED) AMENDMENT 93-2=
In November, eleven (11) acres of contiguous land was annexed
to the City. The annexation involved existing land use of
medium density residential, small scale commercial, and office.
Thus, there was no change in demand upon public facilities.
The boundaries of the City should be modified on the FLUM to
reflect this annexation. The assigned land use designations for
all of the territory is Transitional.
Attached is the Planning and Zoning Staff Report which provides
a complete analysis of the annexation. The annexation was
reviewed and endorsed by Palm Beach County.
Modification: Modify the municipal boUndaries on the FLUM to
include the annexed property with the land use designation of
Transitional.
Attachments:
* Figure OBJ-1 (Re-allocation of Blood's Grove Land Use)
* Exhibit OBJ-A (Public Facilities Analysis)
* Exhibit OBJ-B (Traffic Study, Taheri)
* Exhibit OBJ-C Pages B-11 & B-12, Pop Tracking Sys Rpt
* Exhibit OBJ-D Kilday & Associates Response of November 19
* Exhibit OBJ-E P&Z Staff Report for Sunset Pines Annexation
DJK/O~C--OBJ1.DOC
- 6 -
I
LINTON BOULEVARD
MD-R
LD-R
MD-R
FI(IRE OB3-1
BIII)D'S (~C~rE LA, I) L~E
LINTO# IOULEVARO
~I~NO ~O USE ~
LINTON IOULEVARD
~DED ~O USE ~
~D USE DI~IB~ON:
CF (FIRE STA~ON) 1 ACR~ OS 4 ACRES
C~ (SCHOOL) 10 ACRES LOW DENSI~ RESIDE~ 35 ACRES
CF (N~ P~K) 6 ACRES MEDIUM DENS~ RESIDENT~L 35 ACRES
CF (OTHER) 4 ACRES COMMERCIAL CORE 10 ACRES
I
SANITARY SEWER FLOW
Existing Land Use Designation: Medium Density (maximum density 12
units per acre).
35.43 acres X 12 = 425 units
425 units X 2.19~ = 931 persons
931 persons.X 100= gpdc = 93,100 gallons per day
Proposed Land Use Desiqnationi The proposed Transitional land use
designation is consistent with zoning designations which allow residential
development from Single Family to Medium Density, Office and Neighborhood
Commercial. The maximum intensity potential would result from 2 acres
Neighborhood Commercial and 33.43 acres of Office development. The
following is the projected flows;
Neighborhood Commercisll
43,560 X 2 = 87,120 sq.ft, total land area
87,120 X .25 FAR = 21,780 sq.ft, bulldable sq.ft.
21,780 / 10,8903 X 1,000 = 2,000 gallons per day
Office Development:
43,560 X 33.43 = 1,456,211 sq.ft, land area
1,456,211 X .30 (FAR) = 436,863 sq.ft, buildable sq.ft.
436,863 / 100 = 4,369 employees~
4,369 employees X 20 gallons per person per day = 87,380 gallons per day
Total Usage:
87,380 (Office) + 2,000 (Commercial) = 89,380 gallons per day
1 Persons Per Occupied Housing Unit Average ~ Total Population ? Estimated
Occupied Housing Units
2 Palm Beach County Public Health Unit Division of Environmental Science and
.Engineering Standard Wastewater Flows for Residential Use (100 gallons per
day per capita).
3 Hazel & Sawyers, Professional Consultants, Wastewater Flow Projection School
Site "S" Area, Technical memo of Novennber 3, 1993.
· Commercial - 1,000 gallons per acre or 1,O00 gallons per 10,890 sq. ft.
bulldable area (43,560 / .25 (FAR) - 10,890)
* Office - 20 gallons Per person per day (1 person Per 100' of office)
Da--SB1T 0B3-A
PL~_IC F.~L"ILII'I~ ~X~kYSIS
WATER (POTABLE)
Existing Land Use Designation~ Medium Density (maximum density 12
units per acre).
35.43 acres X 12 = 425 units
425 units X 2.19~ = 931 persons
931 persons X 1002 gpdc = 93,100 gallons per day
Proposed Land Use Designation~ The proposed Transitional land use
designation is consistent with zoning designations which allow
residential development from Single Family to Medium Density, Office
and Neighborhood Commercial uses. The maximum intensity potential
would result from 2 acres Neighborhood Commercial and 33.43 acres of
office development. The following is the projected flows;
Neighborhood Commercial:
43,560 X 2 = 87,120 sq.ft, total land area
87,120 X .25 FAR = 21,780 sq.ft, buildable sq.ft.
21,780 / 10,8903 X 1,000 = 2,000 gallons per day
Office Development~
43,560 X 33.43 = 1,456,211 sq.ft, land area
1,456,211X .30 (FAR) = 463,863 sq.ft, buildable sq.ft.
463,863 / 100 = 3,640 employeess
4,369 employees X 20 gallons per person per day = 87,380 gallons per day
Total Usage~
87,380 (Office) + 2,000 (Commercial) = 89,380 gallons per day
I Persons Per Occupied Housing Unit Average ~ Total Population t Estimated
Occupied Housing Units
2 Palm Beach County Public Health Unit Division of Environmental Science and
Engineering Standard Potable Water Flows for Residential Use (100 gallons
per day per capita).
3 Hazel & Sawyers, Professional Consultants, Potable water Flow Projection
School Site "S" Area, Technical memo of Nov-mher 3, 1993.
* Commercial - 1,000 gallons per acre - 1,000 gallons Per 10,890
(43,560 /.25 (FAR) - 10,890)
* Office - 20 gallons Per Person per day (1 person Per 100' of office)
SOLID WASTE
Existing Land Use Designation: Medium Density (maximum density 12
units per acre).
35.43 acres X 12 = 425 units
425 units X 4.38~ lbs. per unit per day = 1,861 lbs. ~er day
Proposed Land Use Designation: The proposed Transitional land use
designation is consistent with zoning designations which allow residential
development from Single Family 5o Medium Density, Office and Neighborhood
Commercial. The maximum intensity potential would result from 2 acres
Neighborhood Commercial and 33.43 acres of office development. The
following is the projected flows;
Neighborhood Commercial:
43,560 X 2 = 87,120 sq.ft, total land area .
87,120 X .25 FAR = 21,780 sq.ft, buildable sq.ft.
21,780 X 10.22 = 222,156 lbs. per year / 365 = 609 lbs. per day
Office Development:
43,560 X 33.43 = 1,456,211 sq.ft, land area
1,456,211 X .30 (FAR) = 436,863 sq.ft, buildable sq.ft.
436,863 X 5.42 lbs. = 2,359,060 lbs. per year / 365 = 6,463 lbs.
per day
Total Volume:
6,463 + 609 = 7,072 lbs. per day
I Solid Waste Authority, Technical Memo of August 3, 1993, (Waste Generation
Rate Volumes in lbs. per unit per year) - Multi-Family .8 tons per unit per
year or 4.38 lbs. per unit per day.
2 Solid Waste Authority, Technical Memo of August 3, 1993, (Waste Generation
Rate Volumes in lbs. per sq. ft. per year)
RECREATION AREA
Existinq Land Use Designations Medium Density (maximum density 12
units per acre).
35.43 acres X 12 = 425 units
425 units X 2.19x = 931 persons
931 persons / 1,000 X 3m acres = 2.793 acres
Proposed Land Use Des~gnation~ The proposed Transitional land use
designation is consistent with zoning designations which allow residential
development from Single Family to Medium Density, Office and Neighborhood
Commercial uses. The maximum intensity potential would result from 2 acres
Neighborhood Commercial and 33.43 acres of office development. .The
following is the projected flows;
Neighborhood Commercial:
2 acres = N/A
Office Development~
33.43 acres = N/A
i Persons Per Occupied Housing Unit Average ~ Total Population ~ Estimated Occupied
Housing Units
2 Established Level-Of-Service in the Open Space & Recreation Element of the City's
Comprehensive Plan
TRAFFIC GENERATION
Existing Land Use Designation~ Medium Density (maximum density 12
units per acre).
35.43 acres X 12 = 425 units
425 units 7 TPD~ = 2,975 TPD
Proposed Land Use Designation~ The maximum intensity potential would
result from 2 acres Neighborhood Commercial and 33.43 acres of office
development. The fol~owing is the projected flows~
Neighborhood Commercial~
43,560 X 2 = 87,120 sq.ft. (site area)
87,120 X .25 FAR = 21,780 sq.ft, bulldable area
LN(T)2 = 0.625 LN (X) + 5.985
T = Total Daily Trips
X = Area in 1,000 Gross Sq. Ft.
LN(T) = .625 LN (21.78) + 5.985
T = 2,726 trips
- 1,216 trips (44.61% passer by rate3)
T = Net = 1,510 trips
Off~ce (General)~
43,560 X 33.43 = 1,456,211 (site area)
1,456,211 X .30 (FAR) = 436,863 sq.ft, bulldable sq.ft.
LN(T)4 = 0.756 LN (X) + 3.765
T = Total Daily Trips
X = Area in 1,000 Gross Sq. Ft.
LN(T) = .756 LN (436.863) + 3.765
T = 4,278 TPD
Total Traffic:
1,510 + 4,278 = 5,788 trips
i Multi-Family Rates, I.T.E. Trip Generation Manual 5th Edition
2 General ~ercial Rates, I.T.E. Trip Generation Manual Sth Edition
3 Passerby Rate, Contained in Palm Beach County Traffic Performance Standards
4 I.T.E. Trip Generation Manu&l Sth Edition
PROJECTED DEMAND COMPARISON
IMPACT MEDIUM DENSITY TRANSITIONAL CUMULATIVE
Traffic Circulation 2,975 trips 5,788 trips + 2,813 trips
Sanitary Sewer 93,100 gpdc 89,380 gpdc - 3,720 gpdc
Potable Water 93,100 gpdc 89,380 gpdc - 3,720 gpdc
Solid Waste 1,861 lbs. 7,072 lbs. + 5,211 lbs.
per day per day per day
Recreation 2.79 acres 0 - 2.79 acres
With respect to traffic it is noted that development of the property under either the
Medium Density or Transitional land use designation will require widening of Military
Trail from 4 to 6 lanes. The change to Transitional will not require additional widening
above 6 lanes.
T:SEWER
SIMMONS & WHITE, INC.
Engineers · Planners · Consultants
November lO, 19~5
City of Delray Beach
lO0 N.W. 1st Avenue
Delray Beach, Florida 55444
Attention: David Kovacs
Planning DireCtor
Re: Taheri Property
Amendment 95-2
Dear Mr. Kovacs:
As per your request, the purpose of this letter is to determine
the maximum anticipated increase in the total traffic volume
which will be on each roadway link within the site radius of
development influence for the Interim Transportation Plan due to
a requested land use designation change within the City of Delray
Beach from Medium Density (MD) to Transitional. The above-
referenced project is located approximately 1500 feet south of
Linton Blvd. on the east side of Military Trail and contains
55.45 ac res.
The property is currently designated as Medium Density, 12 units
per acre (MD) within the City of Delray Beach. The property
owner is requesting a change in the parcel's designation to
Transitional. An 80-foot right of way running from Military
Trail to the east will also be incorporated into the development.
It is planned to extend this roadway in the future to the east
and to the north and tie to Linton Blvd., thus creating a loop
road. The loop road will not only serve the 55 acre subject
parcel, but also the extensive Blood's Grove properties to the
east. The Blood's Grove development scheme includes 10 acres
designated for commercial core, 20 acres for resort, 55 acres for
up to 12 residential units per acre, 55 acres for up to 5
residential units per acre and a 2 acre fire station site.
TRAFF I C GENERAT I ON
The increase in daily traffic generation due to the requested
change in the parcel's land use designation may be determined by
taking the difference between the total traffic generated for the
most intensive land use under the MD and Transitional
designations:
EXT[]~IT O~J-B '
TRAFFIC glL~', ~
4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415
Telephone (407) 965-9144 .... ..,. ,.,^ ¢ -r,~,~',~'.'~
r ~_~,; ,i ;,;'-.",.= '..~. /_,,..,~;; ~IL~
Mr. David Kovacs
November lO, 1995 - Page Two
MD:
The existing MD land use designation allows a development
intensity of 12 d~elling units per acre. Based on a project area
of 55.45 acres and a trip generation rate of 7 trips per day per
dwelling unit, the traffic generation for the property under the
MD designation is 2975 trips per day as follows:
55.45 acres x 12 D.U.s = 425 D.U.s
425 D.U.s x 7 tpd
D.U. = 2975 tpd
TRANSITIONAL:
The Transitional land use designation within the City of Delray
Beach allows a number of different development scenarios. A
maximum of 2 acres of neighborhood commercial development is
permitted. Assuming the remaining 55.45 acres will be developed
as general/professional offices will allow for the analysis to be
based on the maximum development potential allowed under the
Transitional designation.
Based on a maximum building coverage of 25 percent, and the
accepted traffic generation and passer-by rates for general
commercial development, the maximum traffic generation for 2
acres of neighborhood commercial development is 1510 tpd
calculated as follows:
2 Acres x 45,560 S.F. x .25 = 21,780 S.F.
Acre
Ln (T) = 0.625 Ln (X) + 5.985
T = Total Daily Trips
X = Area in lO00 Gross S.F.
Ln (T) = .625 Ln (21.78] + 5.985
T = 2726 tpd
Pass-By% = 45.1 - .0225 (X)
= 45.1 - .0225 (2i.78)
= 44.61
NET T = 2726 -2726 (.4461)
= 1510 tpd
Mr. David Kovacs
November 10, 1995 - Page Three
Based on a more conservative maximum building coverage of 50
percent and the accepted generation rates for
general/professional office development, the 55.45 acre balance
of the property developed as general/professional office will
generate 4278 tpd as follows:
35.45 Acres x 45,560 S.F.
Acre x .50 = 45&,8&5 S.F.
Ln (T) = 0.756 Ln (456.865) + 5.765
T = 4278 tpd
The maximum increase in daily traffic generation due to the
requested change in the parcel's land use designation is 2815 tpd
calculated as follows:
1510 + 4278 tpd - 2975 tpd = 2815 tpd
Based on Table 1-L-l, for a net trip generation of 2815 tpd, the
radius of development influence for determining significant
impact shall be one mile.
TRAFFIC ASSIGNMENT/DISTRIBUTION
The net increase in traffic has been assigned to the links with
the project's radius of development influence for the Year 2010,
the Year 1998 (5-years from present) and the current condition
and can be seen in Figures l, 2 and 5, respectively. The
distribution shown is based on the current and projected roadway
geometry, a review of historical travel patterns for the area,
and anticipated travel patterns associated with probable land
uses under the Transitional designation, and is generally
represented as follows:
North 50%
East 28%
South 27%
West 15%
The projected traffic volumes on the Year 2010 roadway network
were available from the Palm Beach County Engineering Traffic
Division and are shown in Figure 1. The Year 1998 projected
traffic volumes are based on counts available from the
Metropolitan Planning Organization of Palm Beach County 1992
Annual Traffic Volume Map adjusted for historical growth
allowances furnished by Palm Beach County Engineering Traffic
Division and can be seen in Figure 2. Figure 5 represents the
current (I9~2} roadway network and traffic volumes. The sum of
the distributed project traffic with the projected 2010, 1998 and
1992 traffic volumes can be seen in Figures 1, '2 and 5,
respectively.
Mr. David Kovacs
November lO, 1995 - Page Four
PEAK HOUR TURNING MOVEMENTS
The total peak hour turning movements for the 55.45 acre project
under the Transitional land use designation have been determined
in order to assess the improvements necessary to accommodate such
traffic movements. The A.M. and P.M. peak hour factors and
directional distributions are summarized as follows:
LAND USE PEAK HOUR TRIP DIRECTIONAL SPLIT
GENERATION RATE IN OUT
~ Trips ~ Trips
Neighborhood
Commercial A.M. 0.589 Ln (X) + 2.578 &5% 42 57% 24
P.M. 0.657 Ln (X) + 5.555 50% 124 50% 125
Office A.M. 0.777 Ln (X) + 1.674 89% 555 11% 66
P.M. 0.757 Ln eX) + 1.851 17% 94 85% 457
TOTAL
A.M. 577 90
P.M. 218 582
PEAK HOUR TURNING MOVEMENTS
The project is assumed to be accessed from the loop road with no
direct connection to Military Trail. Based on the peak hour
turning movements shown in Figure 4 and the Palm Beach County
engineering guideline used in determining the need for turn lanes
of 50 left turns or 75 right turns in the peak hour~ the
following turn lanes appear warranted assuming maximum
development intensity:
1. Left turn lane~ north approach on Military Trail at the
loop road.
2. Right turn lanes south approach on Military Trail at
the loop road.
Mr. David Kovacs
November 10, 1~5 - Page Five
CONCLUSION
As the total anticipated Year 2010 traffic volumes and Level of
Service Standards shown in Figure 1 reveal, this proposed future
land use plan designation modification will not result in an
increase in density or intensity of development significantly
impacting any roadway segment that is not projected to be
operating at the adopted Level of Service on the Year 2010
Transportation System Plan and is therefore in accordance with
Policy 1-L of the Traffic Circulation Element.
If you have any questions concerning the enclosed, please call.
Sincerely,
SIMMONS & WHITE~ INC.
RFR/jp
95-29B
Mr. Kerry Kilday (Kilday & Associates)
Dr. Taheri
SIMMONS & WHITE, iNC.
Engineers · Planners · Consultants
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SIMMONS & WHITE, INC.
Engineers * Planners, Consultants
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4~23 Foreal Hill Boulevard, ~uile 112, We~t ~alm Beach, Florida
SIMMONS & WHITE, INC.
Engineers · Planners. · Consultants
4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415
SIHHONS & WHITE, INC.
Engineers · P!~-nners · Consultants
4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415
TeleDhc~e f407) 965-9144
APPENDIX "A"
FACILITY TYPE LOS
STANDARD
lanes undivided 15,700
lanes one-way
lanes one-way 25,&00
lanes divided 50~200
lanes divided 4&,500
lanes divided 60,000
lanes expressway 75,800
lanes expressway lion700
lanes expressway 147,600
lanes expressway 184,500
APPENDIX "B"
TABLE i-L-1
SIGNIFICANT IMPACT'
Net Trip
Generation Distance
1 - 50 No significant impact
51 - i,O00 Only address directly
accessed link on first
accessed major thorough-
fare
1,OOi - 4~000 One (1) mile
4,001 - 8,000 Two (2) miles
8,001 - 12,000 Three (5) miles
12~00! - 20,000 Four (4) miles
20,001 - Up Five (5) miles
A project has significant traffic only where
net trips are greater than three percent (3X)
of the level of service "D" capacity on an
AADT basis of the link affected up to the
limits set forth in this table. The laneage
shall be shown on the adopted Transportation
Plan (currently 2010).
~. ~ ? A ~F£ ~. z~, ~
POTENTIAL RESIDENTIAL UNITS STUDY
JULY 1993
CURRENT POTENTIAL
DESIGNATION I ZONING I ACRES I UNITS
101 LOW DENSITY R1AA 10.00 50.0
103 LOW DENSITY PRD 10.00 .- 50.0
110 LOW DENSITY CNTY 20.32 101.6
124 LOW DENSITY SAD 31.08 ~ 155.4
128 LOW DENSITY R1A 9.99 50.0
TOTAL FOR DESIGNATION .................. 81.39 ..... 407.0
104- MEDIUM DENSITY CNTY 4.94 59.3
105 MEDIUM DENSITY CNTY 6.47 77.6
107 MEDIUM DENSITY CNTY 14.23 170.8
116 MEDIUM DENSITY RM 20.18 242.2
117 MEDIUM DENSITY RR 14.79 177.5
118 MEDIUM DENSITY CF 36.80 441.6
143 MEDIUM DENSITY CNTY 33.97 407.6
TOTAL FOR DESIGNATION .................. 131.38 ..... 1,576.6
125 MIXED USE SAD 10.54 126.5
142 MIXED USE CNTY 103.30 680.0
TOTAL FOR DESIGNATION .................. 113.84 ..... 806.5
102 RURAL RESIDENTIAL CNTY 107.01 535.1
TOTAL FOR DESIGNATION .................. 107.01 ..... 535.1
106 TRANSITIONAL CNTY 8.38 100.6
111 TRANSITIONAL CNTY 8.32 99.8
113 TRANSITIONAL CNTY 17.56 210.7
114 TRANSITIONAL A 6.21 74.5
122 TRANSITIONAL RM-8 18.56 148.5
123 TRANSITIONAL POC 7.15 85.8
127 TRANSITIONAL RM 6.12 73.4
139 TRANSITIONAL POC 18.83 262.0
146 TRANSITIONAL CNTY 52.18 626.2
147 TRANSITIONAL POC 10.00 120.0
TOTAL FOR DESIGNATION .................. 153.31 ..... 1,801.5
150 PREVIOUS APPROVAL PP, D 0.00 123.0
151 PREVIOUS APPROVAL PR/) 0.00 114.0
152 PREVIOUS APPROVAL SAD 0.00 292.0
153 PREVIOUS APPROVAL RM 0.00 156.0
TOTAL FOR DESIGNATION .................. 0.00 ..... 685.0
GRAND TOTAL ............................ 586.93 ..... 5,811.7
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&TLAJ~I¢ AI~NU[
!
N POTENTIAL RESIDENTIAL UNITS STUDY
~ AGGREGATE PARCELS OF' LAND. WHICH ARE VACAhrT OR
UND~RDEV15LOPED, 4.5 ACRES OR GRF. ATER IN SIZE, AND
HAVE A F.Lu.M. DESIGNATION OF' LOW DENSITY, MEDIUM
DENSITY, TRANSITIONAL. MIXED USE, OR RURAL RESIDD~AL
CITY OF DELRAY BEACH, FL
PLANNING DF. PAJ~TMEhq' LEGEND: ~ tm~rs ........ m.~
B-12
Landscape Architects/Planners
· ~ '- 1~1 Forum Place
Suite I~A
West Palm Beach, Florida ~1 , ~ ~
(~7) ~-55~ · Fax: (~7) ~-2~2 --~ ~'~ .. _~"~
Nove~er 19, 1993 '
Mr. David J. Kovacs
Director of Planning and Zoning
City of Delray Beach
100 ~ 1st Avenue
Delray Beach, FL 33444
RE: ORC Response - Plan ~en~ent 93-2
Dear Mr. Kovacs,
As requested, this letter shall serve as a response to your letter
dated Nove~er 11, 1993 regarding a proposed response to the
Department of the Co,unity Affairs (DCA) ORC report as it relates
to the Taheri land use plan ~en~ent.
Your letter requested that we provide a response to four (4) issues
pertaining to the proposed land .use amen~ent. They are as
follows:
I. Need for additional Transitional Land Use designation:
Our office has conducted a comparison between the existing
land use designation of Medium Density Residential (~R) and
the proposed Transitional land use designation, and the
potential uses associated with the proposed Transitional land
use catego~ which are not pe~itted in the current adopted
land use plan designation. As you know, the Transitional land
use designation pe~its a range of uses and intensity of uses,
from purely residential to limited neighborhood co~ercial and
office. Therefore, we have compared the existing ~R to the
proposed Transitional land use catego~ ass~ing each of the
following scenarios.
A. MDR Residential to Transitional Residential:
Each catego~ pe~its a range of residential density of
five (5) dwelling units per acre to twelve (12) dwelling
units per acre (5-12 du/ac.). Thus, there is no change
in pe~itted density from the existing to the proposed,
and therefore, development potential between the two land
use designations, if developed entirely residential,
remains the s~e.
E~HIB//OBJ-D
KILDAY & ~ ~
Mr. David Kovacs
November 19, 1993
Page 2
B. MDR Residential to Transitional Residential/ Neighborhood
Commercial.
The Transitional land use category permits up to two (2)
acres to be developed commercially to provide
neighborhood commercial services of a convenience nature.
Obviously, the intent of this provision was to provide
residents living within the residential component of the
community to have neighborhood convenience type services
located within a close proximity to their homes. It is
common practice within Planned Unit Developments to
provide a component of commercial to service the needs of
the local residents. In addition, it has been a
longstanding practice of Planners to encourage mixed use
developments such that services can be provided within
the community. The point being to limit the need for
residents to leave the community via adjacent roadways to
obtain needed commercial services. It is our opinion,
therefore, that the commercial component provides
services to local residents only (as it is currently
limited to two (2) acres).
C. MDR to Transitional - Entirely Office:
In order to accurately respond to the need for additional
Transitional Land Use as it relates to a commercial
planned office development, we first must do some
calculations p~rtaining to the projected population for
the City of Delray Beach, and the availability of
residential units to service the needs of the projected
population. To this end, our office has conducted a
study of the population (existing and projected) for the
City of Delray Beach (see attached EXHIBIT A). This
study was based on a Population Study (attached) prepared
by the Palm Beach County Planning Division conducted for
the County's Urban Form Study and was broken down by
Traffic Analysis Zones' (TAZs) (see attached EXHIBIT C).
As this study indicates, the population projections are
as follows:
1980 Population: 43,369
1990 Population: 56,361
1993 Population: 59,110
1995 Projected Population: 61,582
2000 Projected Population: 65,874
As the projections indicate, the projected population
increase for the City between the years 1993 and 2000 is
6,764 persons.
Mr. David Kovacs
November 19, 1993
Page 3
The City of Delray Beach conducted a Potential
Residential Units Study (see attached EXHIBIT B) dated
July 1993. This study projected the pOtential units that
could be accommodated on vacant parcels located within
the City of Delray Beach municipal limits. The
projections were based on parcel acreage and land use
plan designation potential. As the study indicates, the
City projects these potential units to be 5,811.7.
Pursuant to the analysis contained in the ~ousing Element
of the City of Delray Beach Comprehensive Plan, an
average occupancy of 2.5 persons per unit is forecasted
for remaining units. Given this, the projected
residential population for the vacant uncommitted
property within Delray Beach is 14,529 persons. Given a
projected population increase of only 6,764 persons by
the year 2000, there is more than enough residentially
designated parcels within the City to accommodate the
projected population in the year 2000.
Assuming a future development scenario of entirely
office, it is our opinion that this parcel would be well
suited to provide health care related office space in
that the general area around the Taheri property has a
large percentage of health care related services and
facilities. These facilities include the Fair Oaks
~ospital, Delray Community ~ospital, and Delray Medical
Center Condominium. Immediately to the west of the
Taheri is the Lynn Cancer Research Center and immediately
north of the subject parcel is a Professional office
center that supports the nearby hospital. In addition,
north of the professional office center is the South
County Mental ~ealth Center.
In addition, the Professional/Medical Offices mentioned
above have low vacancy rates. The success of the existing
office space is due to their proximity to the surrounding
medical hospitals. Therefore, this parcel is ideally
located for providing additional Professional/Medical
space, should this be the direction for future
development given market considerations in that the
Linton/Military corridor represents a conglomeration of
health care related industries.
II. Compatibility of the proposed land use with adjacent uses:
The property owner is requesting a land use amendment to allow a
proposed Transitional Land Use designation. This designation is
Mr. David Kovacs
November 19, 1993
Page 4
compatible with adjacent uses and is appropriate for this parcel
for the following reasons:
1. The City's Comprehensive Plan/Land Use Element states
that the Transitional Land Use designation is applied to
land for either residential or non-residential uses.
Further, it states that this designation, in some
instan6es, provides for a transition between less
intensive residential uses and commercial uses. It
further states that this designation provides for uses
which are not as intensive as general commercial in areas
where residential use is not desirable and/or
appropriate. A Transitional Land Use designation allows
"Residential development at a density between five (5)
and twelve (12) units per acre, mobile home parks and
apartment development in addition to condominiums,
Continuing Care Facilities, A.C.L.F., and various types
of group homes." "Non-residential development at in
intensity equivalent to that associated with medium
density residential land use is also appropriate."
2. A Transitional Land Use designation is compatible because
of the existing concentration of General Commercial,
Hospital, and medical related office parcels located at
the Linton Boulevard and Military Trail intersection and
surrounding area. These parcels include the Delray Town
Center Shopping Center, Palm Court Plaza Shopping Center,
Boca Ray Plaza Shopping Center, Wal Mart Shopping Center
(located across the street from this parcel), Fair Oaks
Hospital, Delray Community ~ospital, and Delray Medical
Center Condominium. Immediately to the west is the Lynn
Cancer Research Center and immediately north of the
subject parcel is Professional office center that
supports the nearby hospital. In addition, north of the
professional office center is the South County Mental
Health Center.
The Transitional category allows for the ability to
develop in three potential ways (as mentioned above).
The residential density (5-12 du/ac.) ensures a fairly
dense residential development which would make a good
buffer between the commercial and office uses to the
north and the single family residential development to
the south (DelAir). The purely office scenario would
allow for a health care related service in that the area
has a high concentration of health care related
facilities. The residential/limited neighborhood
commercial scenario would be a combination of either
aforementioned development scenario.
Mr. David Kovacs
November 19, 1993
Page 5
III. The proposed Land Use is consistent with the following
specific Comprehensive Plan Policies:
A. Objective A-1 of the Future Land Use Element stat~s:
"VacantTproperty shall be developed 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 land uses,
and fulfills remaining land use needs."
1. Policy A-i.1 states:
"The description of land uses as contained in Part
5, Pages III-G-39 to III-G-46 is hereby adopted and
establishes the intensity of use for each future
land use category and compatible zoning district
designation."
As previously stated under Consistency with
adjacent land uses, the proposed transitional Land
Use designation is consistent with this policy
because a Transitional Land Use "provides for a
transition between less intensive residential use
and commercial use." This parcel is located in an
appropriate Transitional location with an existing
Commercial node adjacent to the north and existing
low density/residential to the south along Military
Trail.
2. Policy A-1.3 states:
"Additional strip commercial zoning on vacant land
shall be avoided. This policy shall not preclude
rezonings on land that at the time of rezoning has
improvements on it. Where existing strip
commercial uses or zoning exist along arterial
streets, consideration should be given to
increasing the depth of the commercial zoning in
order to provide for better project design."
The parcel subjected to this transitional land use
designation is not appropriate for strip commercial
uses or zoning due to it's substantial depth off of
a major arterial. Therefore, the proposed land use
designation is consistent with this policy.
Mr. David Kovacs
November 19, 1993
Page 6
B. Objective A-3 of the Capital Improvement Element states:
"The City of Delray Beach shall establish programs and
procedures which require the provision of needed and
desired improvements, as identified in other elements,
and which shall manage the land development process so
that needs created by future development will not exceed
the ability of the City to meet them. Such programs and
procedures shall, at a minimum, include the following
policies and activities."
1. Policy A-3.6 states:
"Wherever the term "concurrent" is used in this
Element and other elements of the Plan it shall
mean that the public facility shall be provided
under any of the following conditions:
a) the improvement is in place prior to the
issuance of an occupancy permit;
b) the improvement is bonded for as a part
of the subdivision improvement agreement
or similar instrument and there is a
schedule 'of completion in the bonding
agreement;
c) the improvement is a part of a
governmental capital improvement budget,
it has been designated, and a contract
for installation has been solicited.
The proposed land use amendment will be consistent
with this policy because the subject parcel must
take into account that public services and
facilities necessary to accommodate future growth
are provided concurrent with the needs of such
developments.
IV. Traffic generation and impact data for the maximum intensity
under the Transitional Land Use designation as compared to
residential development at twelve (12) dwelling units per
acre:
Please refer to the Traffic statements prepared by Simmons &
White, Inc. dated November 10, 1993, submitted directly to
your attention.
Mr. David Kovacs
November 19, 1993
Page 7
We will be forwarding additional information to your attention next
week. Should you need any additional information, please do not
hesitate to call.
Sincerely, !
Lindsey~Walter
lw/delray.nl9
cc: Dr. Taheri
DEPARTMENT OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS AND COMMENTS
FOR THE
CITY OF DELRAY BEACH
Amendment 93-2
October18, 1993
Division ot'Resource Planning and Management
Bureau of Local Planning
Thi~ report is prepared pursuant to Rule 9J-fl.010
INTRODUCTION
The following objections, recommendations and comments
are based upon the Department's review of the City of Delray
Beach proposed amendment to their comprehensive plan pursuant to
s.163.3184, F.S.
Objections relate to specific requirements of relevant
portions of Chapter 9J-5, Florida Administrative Code, and
Chapter 163, Part II, F.S. Each objection includes a recommend-
ation of one approach that might be taken to address the cited
objection. Other approaches may be more suitable in specific
situations. Some of these objections may have initially been
raised by one of the other external review agencies. If there is
a difference between the Department's objection and the external
agency advisory objection or comment, the Department's objection
would take precedence.
Each of these objections must be addressed by the local
government and corrected when the amendment is resubmitted for
our compliance review. Objections which are not addressed may
result in a determination that the amendment is not in compli-
ance. The Department may have raised an objection regarding
missing data and analysis items which the local government
considers not applicable to its amendment. If that is the case,
a statement justifying its non-applicability pursuant to Rule 9J-
5.002(2), F.A.C., must be submitted. The Department will make a
determination on the non-applicability of the requirement, and if
the justification is sufficient, the objection will be considered
addressed.
The comments which follow the objections and recommendations
section are advisory in nature. Comments will not form bases of
a determination of non-compliance. They are included to call
attention to items raised by our reviewers. The comments can be
substantive, concerning planning principles, methodology or
logic, as well as editorial in nature dealing with grammar,
organization, mapping, and reader comprehension.
Appended to the back of the Department's report are the
comment letters from the other state review agencies and other
agencies, organizations and individuals. These comments are
advisory to the Department and may not form bases of Departmental
objections unless they appear under the "Objections" heading in
this report.
OBJECTIONS~ RECOMMENDATIONS AND COMMENTS REPORT
City of Delray Beach
Amendment 93-2
Objections for Blood's Grove and Taheri Property
1. The City's public facilities analysis does not adequately
describe the demand nor the cumulative impacts of the Future Land
Use Map amendments upon all public facilities. Rules 9J-
5.006(2) (a) ~ 9J-5. 004 (a) ~ and 9J-5.006(3) (b)l., F.A.C.
Recommendation
Revise the public facilities analysis to quantify the demand for
all public facilities and services. The analysis should include
permitted capacity, existing demand, projected demand (based on
maximum use permitted) and residual capacity. Permitted capacity
should include the design capacity of the facility. Existing
demand should be based upon the demands currently being placed
upon the facility based upon the most recent available data.
Projected demand should be based upon the demand for public
facilities that would potentially be generated if the subject
parcels were developed to the maximum potential allowed under
their respective proposed designations. Residual capacity should
represent the reduction in capacity from existing capacity for
each amendment. An example public facilities analysis is
attached.
For the Taheri Property, although the supporting documentation
indicates that the Medium Density Residential and Transitional
land use designation, have essentially the same impact upon the
provision of services, this is not supported by data and analysis
which shows the projected impacts for each land use designation.
Ail amendments, must provide an analysis of impacts to public
facilities. The impact could either represent an increase or
decrease in demand.
The supporting documentation also identifies that there is a
level of service deficiency for traffic circulation on Military
Trail. The analysis should quantify the impact that the proposed
amendments will have on the existing capacity of Military Trail.
Additionally, the supporting documentation states that, through
zoning, commercial "neighborhood centers" are limited to four
acres~ however, this requirement is not supported by the
definition of Transitional land uses established by Policy A-1.1
of the Future Land Use Element. The definition for
Transitional land uses states that in some cases residential uses
may not be appropriate in Transitional areas and that commercial
uses would be allowed provided they are not as intensive as
general commercial. Therefore, the analysis should not be
limited to only four acres of neighborhood center unless the
Transitional land use category specifically limits commercial
development to four acres or provides criteria to determine when
residential uses are not appropriate in the Transitional areas.
Additionally, the Transitional land use category should include
the maximum intensity of the commercial development permitted.
2. The land use amendments, as proposed, could potentially
eliminate up to 51 acres of. land designated as medium density
residential and up to 612 dwelling units; however, the amendment
does not include an analysis that the elimination of these units
will not adversely effect the City's ability to provide adequate
residential land for it's anticipated populations. The amendment
does not include an analysis that also considers the impacts on
the amount of affordable housing units which could be lost or if
there will be sufficient capacity remaining in the City to
accommodate the projected needs. Rules 9J-5.006(2)(c); 9J-
5.010(2) (a),(b),(c), (f)l.,3.; 9J-5.010(3) (b) l.,3., and 9J-
11.006(3), F.A.C.
Recommendation
Include an analysis to show that the City has adequate medium
density residential lands to accommodate the projected housing
and land use needs. If it is determined that there is not
sufficient medium density residential lands available to meet the
projected demand, then the City must ensure that additional lands
are made available to accommodate the projected need.
objection for the Taheri Property
1. The proposed amendment to change the land use on
approximately 35 acres of land from medium density residential to
transitional is not supported by the data and analysis which
shows that the amendment is necessary to accommodate the land use
needs of the projected population, that the existing transitional
areas are inadequate, or that the existing designation is
incompatible with the adjacent land uses. In addition, the
Taheri Property proposed amendment appears to be inconsistent
with Future Land Use Element objective and policies A-i, A-1.2,
A-1.3, A-1.6 and Housing Element policies A-2.4 and C-2.4.
because the land area had not been designated as General
Commercial; most of the property is unimproved; amendments to
commercial designations in outlying areas are not to be
accommodated; neighborhoods identified as "stable residential" to
designations other that Community Facilities must be denied; and
vacant residential properties shall be developed in a manner
which is consistent with adjacent development. Rules 9J-
5.006(2) (c)2.; 9J-5.006(2) (d)2.; 9J-5.006(3) (b)3.; 9J-
5.006(3) (c)2.; and 9J-11.006(3), F.A.C.
Recommendation
Revise the amendment to include supporting data and analysis
identifying that the map amendment is necessary to accommodate
the projected need of the projected population. An analysis must
also be prepared which shows that the deletion of the medium
density residential land uses will not adversely impact the
City's ability to provide adequate medium density residential
areas to meet the projected~needs and how the amendment is
consistent with the above referenced objectives and policies of
the adopted plan.
objection for Policy B.3.$a
1. As previously raised in Amendment 93-1, the Department is
again concerned with the proposed language of Policy B.3.3a.
Although the Department realizes it is not the intention of the
city to have a plan which is self-amending, the revisions to
Policy B.3.3a remain vague enough to imply that an amendment to
the plan may not be necessary. Rules 9J-5.004; 9J-5.005(2)(a);
9J-5.005(6); 9J-5.005(8), F.A.C., Sections 163.3184 and 163.3187.
Recommendation
Revise Policy B.3.3.a to include a statement similar to the
following suggested language:
"Following any annexation, the comprehensive plan will be amended
to reflect the change in the City's boundaries."
objection
The proposed amendment is not compatible with and does not
further the following goals and policies of the Treasure Coast
Regional Policy Plan:
Goal 5.1.1 (Housing) Policies 5.1.1.1 and 5.1.1.3; and
Goal 16.1.2 (Land Use) Policies 16.1.2.1, 16.1.2.2 and 16.1.2.3.
Recommendation
Revise the proposed amendment to be consistent with the above
referenced goals and policies of the Treasure Coast Regional
Policy Plan.
Objection
The proposed amendment is inconsistent with the following State
goals and policies:
Goal (5) Housing: Policy 3.; and
Goal (7) Land use: Policy 7.
Recommendation
Revise the proposed amendment to be consistent with the above
referenced goals and policies of the State Comprehensive Plan.
4
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