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47-92 ORDINANCE NO. 47-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.25 (C) (3), "ESTABLISHMENT~', TO ALTER THE CRITERIA FOR ESTABLISHMENT OF A LARGE SCALE MIXED USE SPECIAL ACTIVITIES DISTRICT; BY AMENDING SECTION 4.4.25(I)(5) TO CHANGE THE DATE OF EXPIRATION FOR THE MARINA CAY SAD TO AUGUST 22, 1995; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to amend the Land Development Regulations of the City of Delray Beach, Florida, to provide that the initial approval (validity) period for a Large Scale Mixed Used Development approved under Special Activities District (SAD) zoning regulations, shall be specifically stated in the enacting ordinance, but shall in no event be less than six (6) years; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that it is appropriate to amend its existing codes to further provide for the change of the date of expiration for the Marina Cay SAD to August 22, 1995. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations~', of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended by amending Section 4.4.25, "Special Activities District (SAD)", Subsection (C)(3), "Establishment", to read as follows: (3) Establishment: Vesting of a SAD project shall occur in the same manner as set for the establishment of a site plan approval [reference Sections 2.4.4(D) and (E)], except ~hat when the SAD is for a Large Scale Mixed Use Development, the initial approval (validity) period shall be specifically stated in the enacting ordinance, but shall, in no event, be less than six (6) years. In the event that a SAD project does not become established, all use~, waivers, adjustments, and other actions taken pursuant to the SAD shall be void. In order to proceed to establish the same, or another, use it shall be necessary to process a rezoning request. Section 2. That Chapter 4, "Zoning Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended by amending Section 4.4.25, "Special Activities District (SAD)", Subsection (I)(5), to read as follows: (5) Marina Cay, Ordinance No. 51-89, not established, approval expires on August 22, 199~; Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not effect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED on second and final reading on this the 20th day of October , 1992. ATTEST: First Reading September 22. 1992 October 13, 1992 (continued to 10/20/92) Second Reading ~_~_~_ nm 1992 - 2 - Ord. No. 47-92 TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ ~P~ - MEETING OF OCTOBER 20. 1992 ORDINANCE NO. 47-92 DATE: October 16, 1992 At the October 13, 1992 regular meeting the Public Hearing was held and closed on this item. Final action was deferred to allow full Commission participation. This item involves an ordinance amending the Land Development Regulations to alter the criteria for establishment of a Large Scale Mixed Use Special Activities District; by amending Section 4.4.25(I)(5) to change the date of expiration for the Marina Cay SAD to August 22, 1995. This proposed ordinance modifies the SAD Zone District Regulations to allow the initial approval period for a large scale, mixed use SAD to be no less than six years. In addition, this ordinance also extends the approval date for the Marina Cay SAD to August 22, 1995. At their September 21st meeting the Planning and Zoning Board recommended approval of the modification by a 4-3 vote. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 47-92. Previous Commission Action: Mr. Mouw moved for adoption of Ordinance No. 47-92 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 3 to 2 vote. ORDINA~NCE NO. 47-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.25(C)(3), "ESTABLISflM~NT", TO ALTER THE CRITERIA FOR ESTABLISHMENT OF A LARGE SCALE MIXED USE SPECIAL ACTIVITIES DISTRICT; BY AMENDING SECTION 4.4.25(I)(5) TO CHANGE THE DATE OF EXPIRATION FOR THE MARINA CAY SAD TO AUGUST 22, 1995; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND A~ EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to amend the Land Development Regulations of the City of Delray Beach, Florida, to provide that the initial approval (validity) period for a Large Scale Mixed Used Development approved under Special Activities District (SAD) zoning regulations, shall be specifically scared in the enacting ordinance, but shall in no event be less than six (6) years; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that it is appropriate to amend its existing codes to further provide for the change of the date of expiration for the Marina Cay SAI) to August 22, [995. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended by amending Section 4.4.25, "Special Activities District (SAD)", Subsection (C)(3), "Establishment", to read as follows: (3) Establishment: Vesting of a SAD project shall occur in the same manner as set for the establishment of a site plan approval [reference Sections 2.4.4(D) and (E)], except that when the SAD is for a Large Scale Mixed Use Development, the initial approval (valid£cy) period shall be specifically stated in the enacting ordinance, but shall, in no event, be less than six (6) years. In the event that a SAD project does not become established, all uses, waivers, adjustments, and other actions taken pursuant to the SAD shall be void. In order to proceed to establish the same, or another, use it shall be necessary to process a rezoning request. Section 2. That Chapter 4, "Zoning Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended by amending Section 4.4.25, "Special Activities District (SAD)", Subsection (I)(5), to read as follows: (5) Marina Cay, Ordinance No. 51-89, not established, approval expires on August 22, 19921; Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. That should any sec=ion 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 effect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED on second and final reading on this the day of , [992. MAYOR AITEST: City Clerk First Reading Second Reading - 2 - Ord. No. ~7-92 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT TO: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH SUBJECT: REGULAR MEETING OF SEPTEMBER 2I~ 1992 CONSIDERATION OF LDR TEXT AMENDMENT, SECTIONS 4.4.2§(C)(3) & (I)(5) - ESTABLISHMENT OF AN SAD & CHANGE OF DATE FOR THE MARINA CAY SAD ITEM BEFORE THE BOARD: The action requested of the Board is that of review and comment upon: a proposed modification to Section 4.4.25(C)(3) of the LDRs which alters the criteria for establishment of a large-scale, mixed use SAD; AND, a proposed modification to Section 4.4.25(I)(5) of the LDRs which changes the date of expiration for the Marina Cay SAD to August 22, 1995. Section 1.1.6(A) provides that prior to action on a proposed amendment to the LDRs, a recommendation be obtained from the Planning and Zoning Board. BACKGROUND: Attached is documentation provided to the City Commission when it considered a request for extension of the Marina Cay SAD. Such an extension cannot be accommodated under our existing rules and regulations; thus, the item was before the Commission for direction. After review of the situation, the Commission directed the Administration to proceed with appropriate amendments to accommodate the continuation of the Marina Cay SAD without the petitioner needing to file a rezoning petition. Since Marina Cay is the only SAD which also has the Future Land Use Map designation of "large scale, mixed use", the approach being taken is to provide a minimum, initial approval period for such a SAD. In order to accommodate the Marina Cay project, this period is suggested to be six (6) years. PROPOSED TEXT AMENDMENTS: SECTION 4.4.25(C)(3) Establishment~ Vesting of a SAD project shall occur in the same manner as set for the establishment of a site plan approval [reference Section 2.4.4(D) and (E)], except that when the SAD is for a Large Scale Mixed Use Development, the initial approva 1 (validity) period shall be specifically stated in the P&Z Memorandum Staff Report Marina Cay SAD Page 2 enacting ordinance, but shall~ in no event~ be less than six (6) years. In the event that a SAD project does not become established, all uses, waivers, adjustments, and other actions taken pursuant to the SAD shall be void. In order to proceed to establish the same, or another, use it shall be necessary to process a rezoning request. SECTION 4.4.25(I)(5) Marina Cay, Ordinance No. 51-88, not established, approval expires on August 22, 1992~; ANALYSIS: This action is being taken to accommodate a single project which has a unique status. There appears to be two items of significance associated with the proposed amendments. First, there is the change from a normal 18 month approval to a minimum initial approval of six years. While significant, Justification may be made based upon the unique aspects of a large scale, mixed use project. The second aspect deals with the concepts of the continuing validity of the land use and of concurrency as it pertains to Marina Cay. There has been no change in land use in the immediate area since initial approval of Marina Cay in 1989; thus, it appears that the change would not negatively affect the area. Recent public improvements to the water and sewer systems alleviate any concerns which may have existed with respect to those services and the ability to serve the area (concurrency). With respect to traffic concurrency, Marina Cay has a vested traffic count of 4,495 ADT. Any development project which is proposed along N. Federal Highway needs to accommodate that 4,495 ADT as "real" traffic in the evaluation of the new project's ability to meet traffic concurrency. RECOMMENDED ACTION: Review and comment, as deemed appropriate, and then provide a recommendation to the City Commission. Attachments: * CC Documentation of August 18, 1992 Prepared by~ ~,_~ Yc~ %3(~ Reviewed by DD on: 6~1~ DJK/PZMARCAY.DOC SEACREST C()."I.~IF:RCIAL PROPERFIE.'4, I.'I'1~. 1925 North Federal Iii~h'..,'n:.' Del ray Beach, Florida 33 (,107} 272-2,14.1 J~ll¥ 9, 1992 Hr. David T. Iiarden City Mannger City of Delray Beach 100 N. ~. First Avenue Delray Beach, Florida 33444 Re: Ordinances 31-91, 32-91, and 51 89 Harin~ Ca)' S. A. D. ,\pprova[ Deer Hr. llardin: .On behalf of the o~ners of Harin~ CaT and their Lenders, ~e request an extension of the above referenced approval ~hich is scheduled to expire on August 22, 1992. We are requestin~ the extension for a period of ~8 months. Due to the recession and the present bankin¢ situation in the United States it is difficult to obtain financing. We are present] y negotiat inq with Lenders who are interested in financing our project. This wol~ld allow us to get under way shortly. We appreciate your assistance and support for this project. If there are any questions reEardin~ the above, please contact me. Sincerely, Lois GeneralPartner encl · cc: Thomas E. Lynch, Mayor Commissioners: Wi] [inm Andrews David E. Randolph, Sr. Armand Mouw JUL l0 1;92 Jay Alperin David J. Kovacs, Director, Planning & Zo, in~ F'LANNIHG&ZONING City Attorney Jeffrey Kurtz James W. Nowlin, General Partner I:ITV OF DELRI:IV BEI:IEH :00',','/ tSt A~,-'%o-i · ~L~A¥ 9-:AC~ ~LG~iOA 334-%4 · 407 ~4.' '~.:,: July 27, 1992 LOiS M. Kelly, General Partner Seacrest Commercial Properties, Ltd. 1925 North Federal Highway Delray Beach, Florida 33483 Dear Lois: Your letter request'of July 9, 1992, has been referred to this office for analysis and a reply. For various reasons, as identified below, your request cannot be accommodated. In order to seek a new approval for establishment of use, a new rezonlng petition with attendant submittal materials must be filed. Among the reasons that we cannot accommodate your request are: * the request was not received at least forty-five (45) days prior to the expiration date [2.4.4(F)(1)(a)]; * as with your previous request for extension, the original approval was pre-hDR; accordingly, the LDR provision which prohibits the extension of a development order previous to October l, 1990, applies. The extension which you received in March, 1991, did not give you an approval but only modified the previous termination date; * with the code revisions of March, 1991, it is clear that the expiration date of a Large Scale Mixed Use SAD is to be per a date stated in the enacting ordinance. Ordinance No. 32-91 established that date as being August 22, 1992; * the "special relief" provisions under which your previous request was considered are no longer valid. They expired on May 1, 1992. T~.: E==c=~' A'..'.:'~s To: Lois M. Kell~ Re: Request for Extension, Marina Cay SAD Page 2 Besides going through the rezoning process, as directed pursuant to Section 2.2.25(C)(3), the only other avenue of relief is through a direct appeal to the City Commission or the Planning and Zoning Board who may initiate an amendment to our Land Use Development Regulations. ~~avr:ially' Department of Planning and Zoning DJK/dlm Mayor Thomas Lynch David Harden, City Manager Jeff Kurtz, City Attorney ~erA~a-C4¥~.~roJect File DJK/MARINAC.DOC MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ /O ~ _ MEETING OF OCTOBER 13. 1992 Q~DINANCE NO. 47-92 DATE: October 9, 1992 This is the second reading of an ordinance amending the Land Development Regulations to alter the criteria for establishment of a Large Scale Mixed Use Special Activities District; by amending Section 4.4.25(I)(5) to change the date of expiration for the Marina Cay SAD to August 22, 1995. This proposed ordinance modifies the SAD Zone District Regulations to allow the initial approval period for a large scale, mixed use SAD to be no less than six years. In addition, this ordinance also extends the approval date for the Marina Cay SAD to August 22, 1995. At their September 21st meeting the Planning and Zoning Board recommended approval of the modification by a 4-3 vote. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 47-92 on second and final reading. Previous Commission Action: Mr. Mouw moved for adoption of Ordinance No. 47-92 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 3 to 2 vote. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: I~ CITY MANAGER SUBJECT: AGENDA ITEM ~ /~ - MEETING OF SEPTEMBER 22. 1992 ORDINANCE NO. 47-92 DATE: September 18, 1992 This is the first reading of an ordinance amending the Land Development Regulations to alter the criteria for establishment of a Large Scale Mixed Use Special Activities District; by amending Section 4.4.25(I)(5) to change the date of expiration for the Marina Cay SAD to August 22, 1995. This proposed ordinance modifies the SAD Zone District Regulations to allow the initial approval period for a large scale, mixed use SAD to be no less than six years. In addition, this ordinance also extends the approval date for the Marina Cay SAD to August 22, 1995. The Planning and Zoning Board will consider this item at their September 21st meeting. A report will be made of the Board's findings and recommendations at Tuesday evening's meeting. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 47-92 on'first reading, subject to the findings and recommendations of the Planning and Zoning Board. PLANNING AND ZONING BOARD MEMORANDUM TO: MAYOR AND CITY COMMISSION MEMBERS FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING DATE: SEPTEMBER 22, 1992 SUBJECT: PLANNING AND ZONING BOARD ACTIONS ON ITEMS BEFORE THE CITY COMMISSION ON THIS EVENING'S AGENDA At last night's Planning and Zoning Board meeting consideration was given to several items which are before the Board this evening. These items and the Board's action is as follows: Commission Agenda Items~ Group 8, Consent Agenda J. Re: Opposition to Amendment to Broward County Trafficways Plan and Request to Palm Beach County BOCC re University Parkway * Per staff recommendation, 7-0 vote. Commission Agenda Items~ Group 9~ Regular Agenda F. Submission Requirements re Waterford SAD * Agreement was reached. There will be no further appeal. THIS ITEM SHOULD BE DELETED FROM THE AGENDA. Commission Agenda Items~ Group 12~ First Readings of Ordinances: Ordinance 47-92: Changes to SAD District Regulations and accommodation of a new expiration date for Marina Cay (8/95). * Recommendation of Approval on a 4-3 vote (Currie, Beer, Kiselewski dissenting) To: Mayor and City Commission Members Re: Planning and Zoning Board Actions on Items Before the City Commission on this Evening's Agenda September 22, 1992 Page 2 Ordinances 49-92 & 50-92: FLUM Amendment and Rezoning on a portion of public land (Veterans Park parking lot) to accommodate an outside deck at Atlantic Plaza. * Recommendation of DENIAL on a 5-2 vote (Felner and Currie dissenting) Ordinance 46-92: Rezoning from PC to CG, Llnton International Plaza * Recommended APPROVAL on a 6-1 vote, (Kellerman dissenting) Ordinance 45-92: Rezoning from RM to R-l-AA, Ocean Cay Plat * Recommended APPROVAL on a 7-0 vote. Ordinance 48-92: Text (LDR) Amendmen= re POC Supplemental District Regulations * Recommended APPROVAL on a 7-0 vote. DJK/cm C: City Manager City Clerk DJK/T:CCINFORM.DOC ORDINANCE NO. 47-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.25(C)(3), "ESTABLISfLMENT", TO ALTER THE CRITERIA FOR ESTABLISfLM~NT OF A LARGE SCALE MIXED USE SPECIAL ACTIVITIES DISTRICT; BY AMENDING SECTION 4.4.25(I)(5) TO CHANGE THE DATE OF EXPIRATION FOR THE MARINA CAY SAD TO AUGUST 22, 1995; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to amend the Land Development Regulations of the City of Delray Beach, Florida, to provide that the initial approval (validity) period for a Large Scale Mixed Used Development approved under Special Activities District (SAD) zoning regulations, shall be specifically stated in the enacting ordinance, but shall in no event be less than six (6) years; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that it is appropriate to amend its existing codes to further provide for the change of the date of expiration for the Marina Cay SAD to August 22, 1995. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended by amending Section 4.4.25, "Special Activities District (SAD)", Subsection (C)(3), "Establishment", to read as follows: (3) Establishment: Vesting of a SAD project shall occur in the same manner as set for the establishment of a site plan approval [reference Sections 2.4.4(D) and (E)], except that when the SAD is for a Large Scale Mixed Use Development, the initial approval (validity) period shall be specifically stated in the enacting ordinance, but shall, in no event, be less than six (6) years. In the event that a SAD project does not become established, all uses, waivers, adjustments, and other actions taken pursuant to the SAD shall be void. In order to proceed to establish the same, or another, use it shall be necessary to process a rezoning request. Section 2. That Chapter 4, "Zoning Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended by amending Section 4.4.25, "Special Activities District (SAD)", Subsection (I)(5), to read as follows: (5) Marina Cay, Ordinance No. 51-89, not established, approval expires on August 22, 199~; Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not effect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED on second and final reading on this the day of , 1992. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 47-92 CITY COMMI S S I ON DOCUMENTAT I ON TO: DAVID T. HARDEN, CITY MANAGER FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 22, 1992 LDR Text Amendment Re SAD Extension Modifications and Change of the Marina Cay Expiration Date ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an Ordinance which modifies the SAD Zone District Regulations with respect to the initial approval period of a large scale, mixed use SAD. It also establishes a new expiration date for the Marina Cay S.A.D. BACKGROUND: This subject was before the City Commission on August 18th, at which time direction was given to proceed to accommodate a new expiration date for the Marina Cay S.A.D. Please refer to the attached Planning and Zoning Board Staff Report for details and implications. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board will formally review this item at its meeting of Monday, September 21st. Due to a need to act in a timely manner regarding the Marina Cay project, the item has been placed on this City Commission agenda. RECOMMENDED ACTION: Pending Planning and Zoning Board review. Attachment: * P&Z Staff Report & Documentation of September 21, 1992 DJK/T:CCMARIN2.Doc PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT TO: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH SUBJECT: REGULAR MEETING OF SEPTEMBER 21~ 1992 CONSIDERATION OF LDR TEXT AMENDMENT, SECTIONS 4.4.25(C)(3) & (I)(§) - ESTABLISHMENT OF AN SAD & CHANGE OF DATE FOR THE MARINA CAY SAD ITEM BEFORE THE BOARD: The action requested of the Board is that of review and comment upon: a proposed modification to Section 4.4.25(C)(3) of the LDRs which alters the criteria for establishment of a large-scale, mixed use SAD; AND, a proposed modification to Section 4.4.25(I)(5) of the LDRs which changes the date of expiration for the Marina Cay SAD to August 22, 1995. Section 1.1.6(A) provides that prior to action on a proposed amendment to the LDRs, a recommendation be obtained from the Planning and Zoning Board. BACKGROUND: Attached is documentation provided to the City Commission when it considered a request for extension of the Marina Cay SAD. Such an extension cannot be accommodated under our existing rules and regulations; thus, the item was before the Commission for direction. After review of the situation, the Commission directed the Administration to proceed with appropriate amendments to accommodate the continuation of the Marina Cay SAD without the petitioner needing to file a rezoning petition. Since Marina Cay is the only SAD which also has the Future Land Use Map designation of "large scale, mixed use", the approach being taken is to provide a minimum, initial approval period for such a SAD. In order to accommodate the Marina Cay project, this period is suggested to be six (6) years. PROPOSED TEXT AMENDMENTS: SECTION 4.4.25(C)(3) Establishment: Vesting of a SAD project shall occur in the same manner as set for the establishment of a site plan approval [reference Section 2.4.4(D) and (E)], except that when the SAD is for a Large Scale Mixed Use Development, the initial approval (validity) period shall be specifically stated in the P&Z Memorandum Staff Report Marina Cay SAD Page 2 enacting ordinance, but shall~ in no event~ be less than six (6) years. In the event that a SAD project does not become established, all uses, waivers, adjustments, and other actions taken pursuant to the SAD shall be void. In order to proceed to establish the same, or another, use it shall be necessary to process a rezoning request. SECTION 4.4.25(I)(5) Marina Cay, Ordinance No. 51-88, not established, approval expires on August 22, 199Z~; ANALYSIS: This action is being taken to accommodate a single project which has a unique status. There appears to be two items of significance associated with the proposed amendments. First, there is the change from a normal 18 month approval to a minimum initial approval of six years. While significant, justification may be made based upon the unique aspects of a large scale, mixed use project. The second aspect deals with the concepts of the continuing validity of the land use and of concurrency as it pertains to Marina Cay. There has been no change in land use in the immediate area since initial approval of Marina Cay in 1989; thus, it appears that the change would not negatively affect the area. Recent public improvements to the water and sewer systems alleviate any concerns which may have existed with respect to those services and the ability to serve the area (concurrency). With respect to traffic concurrency, Marina Cay has a vested traffic count of 4,495 ADT. Any development project which is proposed along N. Federal Highway needs to accommodate that 4,495 ADT as "real" traffic in the evaluation of the new project's ability to meet traffic concurrency. RECOMMENDED ACTION: Review and comment, as deemed appropriate, and then provide a recommendation to the City Commission. Attachments: * CC Documentation of August 18, 1992 Prepared by: ~~ ~ ~ ~t~~ Reviewed by DD on: ~6~ II, '1, " DJK/PZMARCAY.DOC CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER FROM': DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: SPECIAL MEETING OF AUGUST 18, 1992 REQUEST FOR EXTENSION OF MARINA CAY SAD ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of direction as to how to proceed with a request for an extension of the Marina Cay SAD. Under current' regulations, an extension cannot be granted. Marina Cay is a proposed mixed use development with retail, residential, restaurant, and marina components. It is to be located on eleven acres of land between Federal Highway and the Intracoastal Waterway, south the Flea Market. This item has been placed before the City Commission at the direction of the Mayor. BACKGROUND: Attached is correspondence from Lois Kelly, General Partner, requesting an extension; and from David Kovacs setting forth the reasons why an extension cannot be granted. Under current regulations, the manner in which Marina Cay would proceed is through a new zoning petition accompanied by appropriate fees and up-dated submittal information (including an up-dated traffic study); it is not permissible to grant an extension. In order to consider an extension, it would first be necessary to amend our development regulations. An amendment to the SAD regulations (treating an extension to a SAD as a special case, apart from extensions from pre-LDR site plans and Conditional Use items), would have implications for previously approved, but currently expired SAD approvals for Isles of Delray and the 8th Street Marina. Also, such an approach would have implications for pre-LDR site plan and Conditional Use approvals. City Commission Documentation Request for Extension of Marina Cay SAD Page 2 With expiration of the SAD, the project "disappears" and the property has a special zoning designation (SAD) without a site (development) plan. Thus, in order to put any use on the property it is necessary to first go through a rezoning process. Also, with expiration, reservations of capacity in the sewer, water, and traffic systems which is currently allocated for the Marina Cay project loses its priority i.e. if necessary that capacity would be allocated to other projects which come on line. Thus, the directions which the City Commission may pursue include: 1. That the property owner follow the procedures laid out in the regulations and proceed through the rezoning process; or, 2. Direct the Administration to come back with an ordinance which will accommodate the petitioners request. RECOMMENDED ACTION: Commission's discretion. Attachments: * Kelly request letter of July 9th * Kovacs response letter of July 27th DJK/CCMARINA.DOC SEACREST C()?I?IERCIAL PROPERTIES, 1,TI). 1925 North Federal Iii~h'-'ay Del ray Beach, Florida 33 ~83 (,107) 272-2,14-1 July 9, 1992 Hr. David T. [[arden City Hanager City of l)el. ray Beach i00 N. W. First Avenue Delray Beach, Florida 33444 Re: Ordinances 31-91, 32-91, and 51-89 Harina Cay S. A. D. Approval Dear Hr. [[ardin: .On behalf of the owners of' Marina Cay and their Lenders, we request an extension of the above referenced approval which is scheduled to expire on August 22, 1992. We are requesting the extension for a period of 18 months. Due to the recession and the present banking situation in the United States it is difficult to obtain financing. We are present]y negotiating with Lenders who are interested in financing our pro3ect. This would allow us to get under way shortly. We appreciate your assistance and support for this pro3ect. If there are any questions regarding the above, please contact me. Sincerely, Lois H. GeneralPartner encl. cc: Thomas g Lynch, Hayor Commissioners: Wi] liam And rew.~ David g. Randolph, Sr. Armand Mouw JUL lO Jay Alperin David J. Kovacs, Director, Planning & Zoning PLAN,~.JING&ZONING City Attorney Jeffrey Kurtz James W. Nowlin, General Partner · [lTV DF DELFIflV BEI:I[H 100 *d ',V 15t A~ ~% _= · DELI:lAY B~AC~. CLORIOA 334~4 · 407 242 ':,?'. July 27, 1992 Lois M. Kelly, General Partner Seacrest Commercial Properties, Ltd. 1925 North Federal Highway Delray Beach, Florida 33483 Re: Request for Extension, Marina Cay SAD Dear Lois: Your letter request of July 9, 1992, has been referred to this office for analysis and a reply. For various reasons, as identified below, your request cannot be accommodated. In order to seek a new approval for establishment of use, a new rezoning petition with attendant submittal materials must be filed. Among the reasons that we cannot accommodate your request are: * the request was not received at least forty-five (45) days prior to the expiration date [2.4.4(F)(1)(a)]; * as with your previous request for extension, the original approval was pre-LDR; accordingly, the LDR provision which prohibits the extension of a development order previous to October 1, 1990, applies. The extension which you received in March, 1991, did not give you an approval but only modified the previous termination date; * with the code revisions of March, 1991, it is clear that the expiration date of a Large Scale Mixed Use SAD is to be per a date stated in the enacting ordinance. Ordinance No. 32-91 established that date as being August 22, 1992; * the "special relief" provisions under which your previous request was considered are no longer valid. They expired on May 1, 1992. To: Lois M. Kellj Re: Request for Extension, Marina Cay SAD Page 2 Besides going through'the rezoning process, as directed pursuant to Section 2.2.25(C)(3), the only other avenue of relief is through a direct appeal to the City Commission or the Planning and Zoning Board who may initiate an amendment to our Land Use Development Regulations. Cially' Department of Planning and Zoning ~ DJK/dlm C: Mayor Thomas Lynch David Harden, City Manager Jeff Kurtz, City Attorney -Ma~e~C~%¥~.~roJect File DJK/MARINAC.DOC & ~Ofltt~ REGULATIOI~ .~EC, TIQ# "EITASLISH~I'", TO ALTER THE CRITERIA F~ ESTABL~NT OF A ~ ~ :~O U~ ~TI~ FOR ~E ~RI~ CAY SAD TOA~UST ~ 1~; PROVI~ I~A GENE~ REP~LER I C~USE~k ~VI~ ~E, A~ I AN EFFECTIVE DATE,