Ord 54-07~~
,,
ORDINANCE NO. 5407
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL)
DISTRICT TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT;
SAID LAND LOCATED ON THE EAST AND WEST SIDES OF SW
121 AVENUE, BETWEEN SW 2ND STREET AND SW 3RD STREET,
AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2007 ;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April 2007, as being zoned R-1-A (Single Family Residential)
District; and
WHEREAS, at its meeting of July 16, 2007, the Planning and Zoning Boazd fox the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0 to
recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agenry, has determined that the changes aze consistent with and further
the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent
with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
'on 1. That the recitations set forth above aze incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same
is hereby amended to reflect a zoning classification of RM (Medium Density Residential) District for
the following described property:
~'
'1
Lots 13 through 24 inclusive, Block 4, Atlantic Pazk Gazdens, as recorded in Plat Book 14, Page
56 of the Public Records of Palm Beach County, Florida;
Together With:
Lots 1 through 12 inclusive, Block 7, Atlantic Gazdens, as recorded in Plat Book 14, Page 63 of
the Public Records of Palm Beach County, Florida.
c 'on 3. That the Plannuig and Zoning Director of the said City shall, upon the effective date
of this ordinance, amend the Zoning Map of the City of Dekay Beach, Florida, to conform with the
provisions of Section 2 hereof.
cdon 4. That all ordinances or parts of ordinances in conflict herewith be, and the same aze
hereby repealed.
'on 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 ox part thereof other than the
part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon the effective date of
Ordinance No 22-07, under which official land use designation of MD (Medium Density Residential 5-
12 du/ac) is affixed to the subject parcel herein described.
PASSED AND ADOPTED in regular session on second and final reading on this 20~ day of
November, 2007.
ATTEST:
City Clerk
First Readin ~~
Second Readin ~~
0,~~
MAYOR
ORD N0.54-07
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT:
ORDINANCE NO.54-07
DATE: NOVEMBER 14, 2007
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading for a City initiated rezoning from R-1-A
(Single Family Residential) District to RM (Medium Density Residential) District for appxoxnnately
3.9 acres, located a '/z block on either side of S.W. 12'" Avenue, between S.W. 2"d Street and S.W. 3`~
Street.
BACKGROUND
At the first reading on November 6, 2007, the Commission passed Ordinance No. 54-07.
RECOMMENDATION
Recommend approval of Ordinance No. 54-07 on second and final reading.
S:\City dezk\AGENDA COVER MEMOS\Ozdisun<e Agada Memos\Ozd 50.07 Rezosting ofSW 12th Avenue 71.20.07.doc
ORDINANCE NO. 54-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL)
DISTRICT TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT;
SAID LAND LOCATED ON THE EAST AND WEST SIDES OF SW
12TH AVENUE, BETWEEN SW 2NO STREET AND SW 3'm STREET,
AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2007 ;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Dekay Beach, Florida, dated April 2007, as being zoned R-1-A (Single Family Residential)
District; and
WHEREAS, at its meeting of July 16, 2007, the Plannhng and Zoning Boazd for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0 to
recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Boazd,
sitting as the Local Planning Agency, has determuied that the changes aze consistent with and further
the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent
with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Dekay Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
'on .That the Zoning District Map of the City of Dekay Beach, Florida, be, and the same
is hereby amended to reflect a zoning classification of RM (Medium Density Residential) District for
the following described property:
Lots 13 through 24 inclusive, Block 4, Atlantic Park Gardens, as recorded in Plat Book 14, Page
56 of the Public Records of Palm Beach County, Florida;
Together With:
Lots 1 through 12 inclusive, Block 7, Atlantic Gazdens, as recorded in Plat Book 14, Page 63 of
the Public Records of Palm Beach County, Florida.
c 'on 3. That the Planning and Zoning Director of the said City shall, upon the effective date
of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the
provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same aze
hereby repealed.
Section 5. 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 ox part thereof other than the
part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon the effective date of
Ordinance No 22-07, under which official land use designation of MD (Medium Density Residential 5-
12 du/ac) is affixed to the subject pazcel herein described.
PASSED AND ADOPTED in regulaz session on second and final reading on this the
day of .200_.
ATTEST
MAYOR
City Clexk
First Reading
Second Reading
ORD NO. 54-07
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT---
MEETING DATE: July 1s, 2007
AGENDA ITEM: III.A.(2)(i)
ITEM: City initiated Future Land Use Map Amendment for Approximately 3.90 Acres,
Located % Block on Either Side of S.W. 12'" Avenue, between S.W. 2nd Street
and S.W. 3`d Street, from LD (Low Density Residential, 0 - 5 Units/Acre) to MD
(Medium Density Residential, 5 - 12 Units/Acre) and Associated Rezoning from
R-1-A (Single Family Residential) to RM (Multiple Family Residential, Medium
Density).
GENERAL DATA:
Owner ............................. N/A
Applicant/Agent .............. City of Delray Beach.
Location .......................... Located''/z Block on Either Side of
S.W. 12`h Avenue, between S.W. 2"d
Street and S.W. 3`d Street.
Property Size .................. 3.90 Acres.
Future Land Use Map..... LD (Low Density Residential,
0 - 5 Units/Acre).
Proposed FLUM ............. MD (Medium Density Residential,
5 - 12 Units/Acre).
Current Zoning ............... R-1-A (Single Family Residential).
Proposed Zoning.......... RM (Multiple Family Residential,
Medium Density).
Adjacent Zoning....North: RM (Multiple Family Residential,
Medium Density) & CF (Community
Facilities).
East: R-1-A (Single Family Residential).
South: R-1-A (Single Family Residential) &
CF (Community Facilities).
West: R-1-A (Single Family Residential).
Existing Land Use.......... Duplexes & Single Family
Residences
Proposed Land Use........ Multi-Family Housing.
Water Service ................. Connection available via an existin~
water main located within S.W. 12
Avenue.
Sewer Service ................ Connection available via an existing
sanitary sewer main located within
S.W. 12`h Avenue.
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III.A.(2)(i)
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The action before the Board is that of making a recommendation to the City Commission on
a proposed Future Land Use (PLUM) Amendment from LD (Low Density Residential 0-5
du/ac) to MD (Medium Density Residential 5-12 du/ac) and Rezoning from R-1-A (Single
Family Residential) to RM (Multiple Family Residential -Medium Density). The subject
property includes 24 lots, totaling 3.9 acres, located '/2 block east and west of SW 12tH
Avenue, between SW 2nd Street and SW 3rd Street (See attached Map). The legal
description for the property is as follows:
Lots 13 through 24 inclusive, Block 4, Atlantic Park Gardens, as recorded in Plat
Book 14, Page 56 of the Public Records of Palm Beach County, Florida;
Together With;
Lots 1 through 12 inclusive, Block 7, Atlantic Gardens, as recorded in Plat Book 14,
Page 63 of the Public Records of Palm Beach County, Florida.
Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and
Zoning Board shall review and make a recommendation to the City Commission with
respect to PLUM Amendments and Rezoning of any property within the City.
In concert with a proposed private sector redevelopment initiative for Carver Estates and
Auburn Trace, the developer for the project has asked the City and the CRA to provide
assistance to clean up the SW 12`n Avenue corridor. Given blighted conditions along the
north side of this corridor, the developer is concerned that this may have a negative impact
on his redevelopment effort to the south. SW 12tH Avenue is a City collector, which connects
West Atlantic Avenue to SW 10`n Street. The roadway's name changes to Auburn Avenue
south of SW 3`d Street and then shifts westward to become SW 14tH Avenue, south of SW
Stn Street. With development of the Delray Full Service Center, Village Academy School,
Catherine Strong Center, the Boys and Girls Club, and the Head Start facility, the area on
the west side of SW 12`n Avenue, south of SW 3`d Street has become a major community
service center within the city. The area north of SW 3`d Street is another matter. There have
been few improvements in this area in many years. Any cleanup effort will have to deal with
the rehabilitation or redevelopment of blighted properties, streetscape improvements and
signage. Although the developer has agreed to undertake this task, several obstacles have
been identified.
While most of the existing development between West Atlantic Avenue and SW 3`d Street is
in poor condition, the area between SW 2"d and SW 3`d Street presents the biggest
challenge. Although this block is zoned R-1-A (Single Family Residential), 20 of the 24 lots
contain nonconforming duplexes. Under the existing zoning, redevelopment of these
properties is limited to single family homes. Under these conditions, there is no incentive for
redevelopment. Redevelopment of the residential area between the commercial zoning
along West Atlantic Avenue and SW 2"d Street is less problematic. With RM (Multiple
Family Residential - Medium Density) zoning and inclusion within the Southwest
Neighborhood Overlay District, which permits up to 24 units per acre with the provision of
Planning and Zoning Board Staff Report -July 16, 2007
FLUM Amendment and Rezoning - SW 12`h Avenue
Page 2
workforce housing, this area has enough development potential to encourage
redevelopment. By extending this zoning and Overlay District southward, into the 200 block
of SW 12"' Avenue, redevelopment of that area will become much more feasible. The
purpose of the proposed FLUM amendment and rezoning is to provide an incentive for this
redevelopment. A separate text amendment, which will expand the Southwest
Neighborhood Overlay District, is also being processed as part of Comprehensive Plan
Amendment 2007-2.
REQUIRED FINDINGS:
LDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use
applications, certain findings must be made in a form which is part of the official
record. This may be achieved through information on the application, written
materials submitted by the applicant, the staff report, or minutes. Findings shall be
made by the body which has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
Future Land Use Mag: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent
with the applicable land use designation as shown on the Future Land Use Map.
The proposed FLUM amendment will assign a Future Land Use Map designation of MD
(Medium Density Residential 5-12 du/ac). The proposed rezoning to RM (Multiple Family
Residential -Medium Density) is consistent with this FLUM designation. Thus, positive
findings can be made regarding consistency of the FLUM designations and zonings.
The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive
Plan Consistency and Compliance with the Land Development Regulations are
discussed below.
Future Land Use Element Policv A-1.7: Amendments to the Future Land Use Map
(FLUM) must be based upon the findings listed below, and must be supported by
data and analysis that demonstrate compliance with these findings:
• Demonstrated Need -- That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends,
changes in the availability of land, changes in the existing character and FLUM
designations of the surrounding area, fulfillment of a comprehensive plan
objective or policy, annexation into the municipal boundaries, or similar
circumstances. The need must be supported by data and analysis verifying the
changing demographics or other circumstances. This requirement shall not apply
to requests for the FLUM designations of Conservation or Recreation and Open
Space; nor shall it apply to FLUM changes associated with annexations when the
Planning and Zoning Board Staff Report -July 16, 2007
FLUM Amendment and Rezoning - SW 12`h Avenue
Page 3
City's advisory FLUM designation is being applied, or when the requested
designation is of a similar intensity to the advisory designation. However, the
findings described in the remainder of this policy must be addressed with all
FLUM amendments.
As noted above, a major private sector redevelopment initiative is currently underway
involving the Carver Estates and Auburn Trace Developments. This proposed multi-
family residential project will include a mix of townhouse and apartment buildings with a
large workforce housing component, which is a priority of the City. Since this
redevelopment effort will require substantial investment and risk, the developer has
requested the assistance of the City and CRA to reduce that risk by helping to improve
conditions along the northern entrance to the project. The existing development along
SW 12th Avenue, between SW 2nd Street and SW 3'' Street, is blighted and in need of
redevelopment. However, this property is zoned for single family homes and 20 of the
24 lots contain nonconforming duplexes. Under these conditions, there is no incentive
for redevelopment. The developer is willing to undertake this effort, but additional
density is needed to make the project financially feasible. The proposed FLUM
amendment will allow the property to be rezoned for higher density. Without these
changes, it is unlikely that this area will be redeveloped, without direct investment by the
City or CRA. Taking advantage of this opportunity to shift the cost to the private sector
through the use of increased density as an incentive, is in the best interests of the City.
With the ultimate redevelopment of the property as a goal, the proposed amendment
fulfills a number of Comprehensive Plan Objectives stated below:
Future Land Use Element Objective A-2: To reduce, and eventually eliminate, uses
which are inconsistent with the character of the City of Delray Beach, or which are
inconsistent with predominant adjacent land uses, and to insure compatibility of future
development, the following policies shall be applied.
The purpose of the amendment is to facilitate the removal of the existing nonconforming
blighted duplexes through private redevelopment of the property. The removal of these
incompatible structures furthers this objective.
Housing Element Objective A-6: For those areas identified as needing "rehabilitation'
on the Residential Neighborhood Categorization Map, the City, through its Community
Improvement Department, shall provide concentrated programs of code enforcement,
public investment in infrastructure, public assistance in the rehabilitation of structures,
public action in the provision of replacement housing, opportunities for new private
development, and special social programs all directed toward the stabilization and
revitalization of those designated areas.
The subject property is identified as needing rehabilitation on the "Residential
Neighborhood Categorization Map," within the Housing Element of the Comprehensive
Plan. The immediate objective of the amendment to create an opportunity for the private
sector to address the existing blighted conditions through redevelopment of the subject
property. However, it must also be remembered, that redevelopment of this property is
just one part of a much greater initiative that will have a major effect on the stabilization
and revitalization of the entire neighborhood; provide much needed workforce housing;
and become a catalyst for additional redevelopment. In addition to those listed above,
Planning and Zoning Board Staff Report -July 16, 2007
FLUM Amendment and Rezoning - SW 12`" Avenue
Page 4
other Objectives and Policies that will be furthered by the proposed amendment are
discussed in the Comprehensive Plan Consistency Section below.
• Consistency -- The requested designation is consistent with the goals, objectives
and policies of the most recently adopted Comprehensive Plan.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable Objectives and Policies were noted:
Future Land Use Element Policv C-1.7: The following pertains fo the Southwest
Neighborhood Redevelopment Area:
This area is generally defined as the area bounded by West Atlantic Avenue on the
north, SW 10th Street on the south, Interstate 95 on the west, and Swinton Avenue on
the east.
Many of parcels in the area contain vacant or dilapidated structures, substandard
parking and substandard landscaping. The area also contains residential areas
identified as "Rehabilitation" on the Residential Neighborhood Categorization Map
contained in the Housing Element.
The Southwest Area Neighborhood Redevelopment Plan was adopted by the City
Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the
revitalization and stabilization of the area. The Southwest Area Neighborhood
Redevelopment Plan is divided into five sub-areas based upon current and proposed
land uses. The sub-areas serve to define potential boundaries for the phased
implementation of the various plan components. Future development in the area must
be in accordance with the provisions of the Redevelopment Plan.
The subject property is located within the borders of the Southwest Area Neighborhood
Redevelopment Plan, and is more specifically included within sub-area #1, "the
Northwest Quadrant." This sub-area extends from I-95 to S.W. 8th Avenue, and from
Atlantic Avenue to S.W. 3rd Street. Sub-area #1 is identified as "infill area," consisting of
residential neighborhoods that are experiencing deterioration. The Southwest Area
Neighborhood Redevelopment Plan recommends that this sub-area be redeveloped with
a neighborhood serving commercial activity center along Atlantic Avenue, and a mixture
of multi-family housing (apartments/townhomes), single family homes, and green
spaces.
The Plan also calls for strengthening the existing single family areas south of SW 2nd
Street with new infill houses and neighborhood green spaces. Unfortunately, the subject
property along SW 12th Avenue is already developed in a manner not consistent with
this vision. The existing development consists primarily of depilated duplexes, which are
unlikely to be replaced by single family homes without major investment by the City or
CRA. The proposed FLUM amendment and rezoning will expand the multi-family area
southward to include this area. This will provide an incentive for the private sector to
redevelop the area. Although this proposal conflicts with the specific recommendation in
the plan for single family development, it is consistent with the overall vision of the Plan
to revitalize and stabilize the neighborhood. After the FLUM amendment and rezoning
are approved, the Southwest Area Neighborhood Redevelopment Plan will be amended
Planning and Zoning Board Staff Report -July 16, 2007
FLUM Amendment and Rezoning - SW 12`h Avenue
Page 5
to support the change. After that occurs,. the new FLUM designation and zoning district
will be consistent with Future Land Use Element Policy C-1.7.
Future Land Use Element Objective A-1: Property shall be developed or redeveloped
in a manner so that the future use and intensify is appropriate in terms of soil,
topographic and other applicable physical considerations; is complimentary to adjacent
land uses; and fulfills remaining land use needs.
There are no significant environmental characteristics to the subject property, which
contains 24 platted lots. Four of these lots contain single family homes. The remaining
20 lots contain blighted duplexes, which are nonconforming within the existing R-1-A
zoning district. Without a change in circumstances, there is little chance that the
property will ever be redeveloped. However, with the proposed FLUM amendment and
rezoning, the development potential of the property will be increased, thereby creating
an opportunity for redevelopment. Although the surrounding residential neighborhood is
blighted, it is anticipated that the private sector redevelopment of the Carver Estates and
Auburn Trace developments to the south, as well as these properties, will have a
positive effect on the entire area.
Redevelopment of the 12`" Avenue corridor is necessary to assure the success of the
Carver Estates and Auburn Trace redevelopment effort. Redevelopment of the subject
properties, consistent with the proposed MD FLUM designation and RM zoning district,
would consist of a combination of townhouses and apartments. This development
pattern is an extension of what is currently allowed immediately to the north and further
south in the Auburn Trace and Carver Estates developments. This type of development
is complimentary to the existing development pattern in the neighborhood. Elimination of
the depilated duplexes will have a positive effect on the surrounding area and the
additional residential units will add to the customer base for the existing commercial
uses along West Atlantic Avenue and aid in the redevelopment of this corridor. The
proposed redevelopment will also enable the fulfillment of remaining land use needs by
the provision of workforce housing. Based upon the above, a positive finding can be
made with respect to Future Land Use Element Objective A-1, that the redevelopment of
the subject property will be complimentary to adjacent land uses and will fulfill remaining
land use needs.
Future Land Use Element Objective A-7 : To encourage the provision of workforce
housing in the City, the following policies shall be implemented.
Policy A-7.1: The maximum density may be increased within the Medium Density,
General Commercial and Transitional Future Land Use designations through the
Workforce Housing "Density Bonus Program" The concept is that for every workforce
housing unit that a developer builds, a calculated number of market rate units greater
than would be allowed otherwise maybe built.
Housing Element Objective B-1: The City's existing housing supply accommodates
households having a wide range of economic ability. There is very little vacant land left,
especially large tracts, for new housing development. Through ifs housing programs,
the City shall work to ensure that there continues to be an adequate supply of housing to
accommodate very low, low, and moderate income households, as well as
manufactured and mobile homes.
Planning and Zoning Board Staff Report -July 16, 2007
FLUM Amendment and Rezoning - SW 12`" Avenue
Page 6
Housing Element Objective B-2 : Redevelopment and the development of new land
shall result in the provision of a variety of housing types which shall continue to
accommodate the diverse makeup of the City's demographic profile, and meet the
housing needs identified in this Element.
The proposed FLUM amendment and rezoning will further these policies by allowing the
Southwest Neighborhood Overlay District to be expanded into this area. This expansion
will create an opportunity for additional workforce housing units to be constructed within
the City.
Based on the above, a positive finding can be made that the amendments are
consistent with and further the Goals, Objectives, and Policies of the Comprehensive.
• concurrency -- Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
As noted earlier, in addition to the proposed FLUM amendment and associated
rezoning, a separate text amendment for the subject property is also being processed as
part of Comprehensive Plan Amendment 2007-2. The purpose of the text amendment is
to include this area within the Southwest Neighborhood Overlay District, which permits a
maximum density of 24 units per acre, subject to the provision of workforce housing.
Since the text amendment will be reviewed as a separate issue, the proposed FLUM
amendment and rezoning will be evaluated independently with regard to concurrency
issues. Therefore, for the purpose of this report, it is assumed that highest intensity
possible under the requested MD designation will be multi-family residential
development at a maximum density of 12 units per acre. It is also important to note that
although this analysis will be based on a comparison of the maximum development
potential under the existing and proposed FLUM designations, existing development on
the property currently exceeds that allowed under the existing FLUM designation. Of the
24 lots within the subject area, only four are conforming single family homes. The
remaining twenty lots are developed as duplexes. Overall, the area currently contains a
total of 44 residential units, representing a density of 11.28 units per acre.
A comparison of the maximum development potential for existing and proposed FLUM
designations is summarized in the following table:
Table 1: Existing and Proposed Maximum Residential Development Potential
SW 12~' Avenue
;EXISTING ; RRDPtlSEtY
FNM Maximum DevdlopmentPotential ~ FLUM Nlaxirium t')eveF~FpmentPa#ential
acres acres
LD Multiple Family Development MD Multiple Family Development
(3.9 acres) 19 units
(5 units per acre max)
t3.9 acres) 46 units
(12 units per acre max)
As shown in the table, the proposed MD FLUM designation would allow a maximum of
46 units (3.9 acre X 12 u/a = 46), which represents an increased residential
development potential of 27 units over that currently allowed under the existing LD
FLUM designation (3.9 acre X 5 u/a = 19). A discussion of the impacts associated with
Planning and Zoning Board Staff Report -July 16, 2007
FLUM Amendment and Rezoning - SW 12`" Avenue
Page 7
this increase in the maximum residential development potential for this area is given
below:
Water 8~ Sewer:
Water treatment is provided by the City of Delray Beach at the Water Treatment Plant.
The geographic service area coincides with the Planning Area plus service provided to
the Town of Gulf Stream through contract as a bulk customer. The service area
encompasses approximately 18 square miles. The treatment plant was constructed in
1972, with a programmed life of 50 years (2022). The City's Water Treatment System
has a raw water pumping capacity of 22.4 million gallons per day and water treatment
plant capacity of 28 million gallons per day. The City's consumptive use permit currently
limits the annual withdraw to 6.937 billion gallons which equates to an average of 19
mgd. Current demand averages 17.1 mgd or 257 gallons per day per capita. In 2010,
the consumptive use permit will expire, and withdrawal will be limited to an average of
15.9 mgd. With a 2010 projected demand of 19 mgd, measures are being taken to
make up the shortfall through conservation and the use of reclaimed water for irrigation.
Through these measures, the City estimates that it has adequate capacity to meet its
demand through the year 2015. A capacity study will be prepared in FY06/07 to update
the capacity analysis for the City system and provide alternatives to deal with increased
demand after 2015.
The adopted LOS standard for the City's Wastewater Treatment System is a generation
inflow of 160 gallons per person per day, with the treatment plant design capacity of 21
mgd average / 30 mgd peak, split equally between the City of Delray Beach and the City
of Boynton Beach. The current estimate for demand at the city's build-out population of
75,000 is 9.05 mgd. Public Facilities Element Objective C-3 states:
Wastewater collection system capacity is available to all areas within the City's
service area. Installation of facilities shall be programmed when the need is
demonstrated.
Since adequate capacity is available in the City's water and wastewater systems to meet
the increased demand, the proposed FLUM amendment will not impact the level of
service standard for these facilities.
Drainage:
The adopted LOS standards for drainage is the SFWMD standard of retention of the first
one inch of runoff or 2.5 inches of water storage times the percentage of impervious
area. Local and City-wide drainage deficiencies are identified in the Stormwater Master
Plan (Kimley-Horn, 2000). The City has programmed projects to correct the deficiencies
identified in this report and achieve the Level of Service standard. Public Facilities
Element Objective E-1 states:
A capital improvement program directed specifically to storm drainage and runoff
management has been adopted by the City Commission, and capital projects, as
identified in that program, shall be implemented with funding to come from the
Stormwater Utility Fee.
Planning and Zoning Board Staff Report -July 16, 2007
FLUM Amendment and Rezoning - SW 12`" Avenue
Page 8
Drainage is reviewed during the site plan application process for individual projects.
Within this area of the City, drainage is usually accommodated on site via exfiltration
trench systems or Swale retention areas. There are no problems anticipated with
obtaining South Florida Water Management District permits within the area and the
additional impacts caused by the increased impervious area will not affect the level of
service standard.
Parks & Recreation
The Open Space and Recreation Element of the City's Comprehensive Plan indicates in
its conclusion that "The City will have sufficient recreation facilities at build-out to meet
the adopted standards."The LOS standard for open space and recreation in the city is 3
acres per 1,000 residents. The amount of land currently provided in activity based
recreation facilities, the municipal beaches, and the two public golf courses, establishes
an existing level of service of 7.5 acres per 1,000 residents, far exceeding the general
guideline.
A park impact fee is collected to offset any impacts that new development may have on
the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of
$500.00 per dwelling unit will be collected prior to issuance of a building permit for each
unit.
Education (School Concurrencvl:
School concurrency is addressed with all proposals for residential development.
Although a formal determination by the school board has not been made, the additional
27 unit potential with this amendment will not represent a concurrency problem. In any
event, all future development proposals will be required to meet concurrency prior to
approval.
Solid Waste:
As shown in the following table, the FLUM amendment will result in a maximum potential
impact of 23.92 tons per year-an increase of 14.04 tons/year. The increased solid
waste generated by the maximum development potential for this area can be
accommodated by existing facilities. In its annual capacity letter, dated January 17,
2007, the Solid Waste Authority indicates that it has sufficient capacity for concurrency
management and comprehensive planning purposes. As stated in the letter, "Capacity is
available for both the coming year, and the five and ten year planning periods specified
in 9J-5-005(4)." Based on population and waste generation rate projections, the Solid
Waste Authority forecasts that capacity will be available at the existing landfill through
approximately the year 2021.
Table 2: Existing and Proposed Maximum Development Potential Solid Waste Generation
SW 12`" Avenue
Existing Maximum pevelopment~Atentlal Pr4pos~d tIfi-~Xllnugp QEit4l~ptneriYPotefltl;il~
19 Multi-Family Units @ .52 tons/year = 9.88 46 Multi-Family Units @ .52 tons/year = 23.92
Planning and Zoning Board Staff Report -July 16, 2007
FLUM Amendment and Rezoning - SW 12th Avenue
Page 9
Traffic:
As shown on the following table, the potential traffic associated with an additional 27
multi-family units is 189 ADT (7 trips per unit). The Southwest Neighborhood Area lies
within the eastern half of the City, and is located within the Coastal Residential
Exception Area. As stated in Article 12 of Palm Beach County's Unified Land
Development Code, Traffic Performance Standards, "The Coastal Residential exception
to the LOS requirements of this Article promotes urban infill and deters urban sprawl. It
also promotes redevelopment. It provides closer proximity of residential uses to
commercial uses and employment bases, thereby reducing the impact on the overall
Major Thoroughfare system, pollution, the use of fossil fuels and other resources, and
the travel time and needs of the public."This exception from traffic concurrency applies
to both residential projects and the residential portion of mixed-use projects east of I-95.
It is noted, however, that traffic studies for new development are required during the Site
Plan Approval process and impacts to local roadways are identified and mitigated at that
time.
Based on the above analysis, positive findings can be made at this time with regard to
concurrency for all services and facilities.
Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
The proposed FLUM designation is compatible with the surrounding neighborhood,
which consist primarily of single family homes, duplexes and multiple family buildings.
Community service facilities to the south include the Delray Full Service Center, Village
Academy School, Catherine Strong Center, the Boys and Girls Club, and the Head Start
facility. Together, these facilities make up the what is termed the Village Center in the
Southwest Area Neighborhood Redevelopment Plan. The area to the north is zoned for
higher intensity residential development, so any redevelopment of that area will be
consistent with the subject property. Based upon the above, the proposed FLUM and
zoning designations are compatible with the existing and future land uses of the
surrounding area, and a positive finding with respect to compatibility can be made.
• Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
All future development within the requested designation will comply with the provisions
and requirements of the Land Development Regulations. Compliance with the Land
Development Regulations will be further addressed with review of a conditional use or
site plan request as applicable.
Table 3: Trip Generation Comparison
SW 12~' Avenue
Planning and Zoning Board Staff Report -July 16, 2007
FLUM Amendment and Rezoning - SW 12~" Avenue
Page 10
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REQUIRED FINDINGS (Chanter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to approval of development
applications, certain findings must be made in a form which is part of the official
record. This may be achieved through information on the application, written
materials submitted by the applicant, the staff report, or minutes. Findings shall be
made by the body which has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment Analysis" section of this
report. Compliance with the Land Development Regulations with respect to Standards
for Rezoning Actions and Rezoning Findings are discussed below.
Section 3.2.1 (Basis for Determining Consistencvl: The performance standards set
forth in this Article either reflect a policy from the Comprehensive Plan or a principle
of good planning practice. The performance standards set forth in the following
sections as well as compliance with items specifically listed as required findings in
appropriate portions of Section 2.4.5 shall be the basis upon which a finding of
overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this
Article shall not be a basis for not allowing consideration of other objectives and
policies found in the adopted Comprehensive Plan in the making of a finding of
overall consistency.
Section 3.2.2 (Standards for Rezoning Actions): Standards A, B, C and E are not
applicable with respect to the rezoning requests. The applicable pertormance
standard of Section 3.2.2 is as follows:
(D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
As discussed under Future Land Use Element Policy A-1.7, the proposed FLUM and
zoning designations are compatible with the existing and future land uses of the
surrounding area, and a positive finding with respect to compatibility can be made. Also,
there are development regulations currently in place to mitigate any potential impacts with
adjacent properties. The following zoning designations and uses directly border the
property:
Planning and Zoning Board Staff Report -July 16, 2007
FLUM Amendment and Rezoning - SW 12th Avenue
Page 11
Table 4: Zoning and Use of Adjacent Property
SW 12'" Avenue
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Delray Beach Community Land Trust
North RM and CF Office & Du lex
Delray Full Service Center & Single
South R-1-A and CF Famil Homes
East R-1-A Sin Ie Famil Homes
Single Family Homes, Duplexes &
West R-1-A Ebenezer Ba fist Church
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1,
the City Commission must make a finding that the rezoning fulfills one of the
reasons for which the rezoning change is being sought. These reasons include the
following:
a. That the zoning had previously been changed, or was originally established, in
error;
b. That there has been a change in circumstances which make the current zoning
inappropriate;
c. That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The appropriate reasons for the proposed rezoning are "b" and "c": based on the following:
The proposed rezoning is necessary to facilitate redevelopment of the subject properties.
An opportunity currently exist for a publiGprivate initiative to revitalize and stabilize the area.
The SW 12"' Avenue corridor is the northern entrance to the Carver Estates and Auburn
Trace developments. These projects are part of a private sector redevelopment initiative
that will have a major impact on the entire neighborhood. To protect his investment, the
developer has indicated his willingness to undertake the redevelopment of the northern part
of the corridor. However, the existing zoning on the subject property makes redevelopment
of that block financially infeasible. The City's role in this overall redevelopment initiative is to
provide the private sector with the necessary tools to accomplish the redevelopment. This
opportunity is a change in circumstances. In order to take advantage of it, rezoning of the
subject properties is appropriate. As noted earlier in this report, a Comprehensive Plan
FLUM Amendment is being processed concurrently with this rezoning and the proposed RM
zoning is more appropriate under the proposed MD FLUM designation.
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be addressed
by the body taking final action on a land development application/request.
Planning and Zoning Board Staff Report -July 16, 2007
FLUM Amendment and Rezoning - SW 12`" Avenue
Page 12
No formal land development application has been received for the subject property. Any
proposed development will need to comply with the Land Development Regulations.
Community Redeveloament Anency (CRA)
The CRA considered this request at its July 12, 2007 meeting. The Board recommended
approval.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of support and objection, if any, will be presented at the Planning
and Zoning Board meeting.
Courtesy Notices:
Courtesy notices were provided to the following homeowner and civic associations:
• Neighborhood Advisory Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
The FLUM designation and zoning classification for the subject property are being amended
to facilitate redevelopment of the area. Positive findings can be made with respect to
Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment
Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for
Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals,
Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM
amendments and rezonings can be recommended for approval based on the findings
outlined in this report.
yy ~~}y f n ~ #+ i ~ vs 3 raw ~`4 ( illt ; i! ~ i , R' E ~3~~ l~~~f,' °I
. , ?i'~+ ~, ~ ~j'.r~ f~ ~ 1 E~ ~ °. ~t~ °. ~ll+ ..~ i . " !,. ~ ~_~ .:'... ...,::~. _ sir; ~..!..,
A. Continue with direction
B. Recommend to the City Commission approval of FLUM Amendment and Rezoning,
by adopting the findings of fact and law contained in the staff report, and finding that
the request and approval thereof is consistent with Future Land Use Element Policy
A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section
2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR
Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and
Policies of the Comprehensive Plan.
Planning and Zoning Board Staff Report -July 16, 2007
FLUM Amendment and Rezoning - SW 12`h Avenue
Page 13
C. Recommend to the City Commission denial of the FLUM Amendment and Rezoning
by adopting the findings of fact and law contained in the staff report, and finding that
the request is inconsistent with Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5(D)(5)
(Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2
(Standards for Rezoning Actions) and the Goals, Objective, and Policies of the
Comprehensive Plan.
., 'Z~;C~,~i•A~:~~t~l~r `#~.f,Rt iJF4j}--!+r t c+ 1 ..+ .. ~:. ~c }~:".i,i i~~1,.;;.
Recommend to the City Commission approval of the proposed Future Land Use (FLUM)
Amendment from LD (Low Density Residential 0-5 du/ac) to MD (Medium Density
Residential 5-12 du/ac) and Rezoning from R-1-A (Single Family Residential) to RM
(Multiple Family Residential -Medium Density), by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is consistent
with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment
Findings), LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required
Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives,
and Policies of the Comprehensive Plan.
Attachments:
Proposed Future Land Use Map
Proposed Rezoning Map
s:\planning & zoning\boards\p&z board\southwest 12th avenue flumamend&rezoning.doc
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-- OlCITAL RASE MAP SYSTEM -- MAP REF: LM1020
N PROPOSED REZONING
~_ SOUTHWEST NEIGHBORHOOD AREA (SW 12TH AVENUE)
GTY OF DELRAY BEACH, FL
PUNNING & 20NIND DEP ARTMEN7
PROPOSED REZONING TO: RM (MULTIPLE FAMILY RESIDENTIAL, MEDIUM DENSITY)
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Boca Raton/Delray Beach News -Friday-Saturday, November 9-10, 2007 • www.bocanews.com
14
A PUBLIC NEARING will Ee hats an me
lolbwing proposM oNilwnce al ]:00
p.m. on TUESDAY, NOVEMBER 20,
200] or at any conunuadon al such
meeting which is xl by IAe Commis-
sionl, in me City Commissbn Cham-
bers, 100 N.W. tsl Avenue, Delray
BeacA, Fbrka, al whkh lima the Cily
Cammissron will mrsitler i6 adoption.
The proposed oNinalwe may be in-
spected al me Odice of me City Cork al
qty Hall, 100 N.W. 1st Avenue, Delray
Beach, Flodtla, between me hours of
9:00 a.m. and 5:00 p.m., Montlay
mmlylFrkay,eacep(holitlays.Allimer-
eaea panixere inWteO w anend alts be
heats wim respell ro the proposed ardi-
ORDINANCE N0.940]
AN ORDINANCE OF THE CITY COM~
SIDES OF SW 12TH AVENUE. BE~
ING 'ZONING MAP OF DELRAY
DEACH. FLORIDA.APRIL200]'; PRO
VIDING A GENERAL REPEALER
CLAUSE A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
PlBdde be ddvlsed IMf if a pelxn ~ci1x to
appeal anydecsidn mdse dylM C9y COm
ron MITI Rapec110 any mdll& Wnetl-
meE el max Ileenys, wc11 person may
M¢J W ¢ndoro IIIeI a reNdllm tecoN Ira
cMes Ina IesliaCny all evExae upon
Much IM appeal is to be based. The City
does rot PlovNe nor Plepdre such recoN
Wrsuard to FB. 299ot05.
GITYCF OELMYIlEPCN
Chevelle D. NubM. CMG
CAy CkrX
PuWisk Friday, November 9, 20W
Baca RatonlDelray Beach News