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Ord 46-07ORDINANCE NO. 46 -07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, AMENDING SECTION 4.4.25(G), "S.A.D.s," TO ADD SUBSECTION (9) MIDTOWN DELRAY TO THE LIST OF APPROVED S.A.D.s; AMENDING ORDINANCE NO. 51 -95 BY REPEALING SECTIONS RELATED TO THE BLOOD'S COMMERCIAL PROJECT MASTER PLAN AND PROVIDING FOR REVISED REGULATIONS GOVERNING THIS SPECIAL ACTIVITIES DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Midtown Delray, LLC is the fee simple owner of the parcel of land as more particularly described herein; and WHEREAS, the subject property hereinafter described is within the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the subject property hereinafter described presently has a Future Land Use Map (FLUM) designation of TRN (Transitional); and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board for the City of Delray Beach, as local planning agency held a public hearing and considered the subject matter at its meeting of September 17, 2007 and voted 6 to 1, to recommend that the requests be approved, based upon positive findings; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with 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. 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. '1 Section 2. That the Blood's Grove Orchard Ordinance 51 -95 which establishes the Blood's Grove S.A.D. is modified by Ordinance No 46 -07. Section 3. That Sections 4, 5, 6 and 7 of Ordinance 51 -95 are hereby repealed. Section 4. That the property affected by this ordinance is described as: A parcel of land in Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows; Commence at the Northwest cornet of the Plat of Foxe Chase, as recorded in Plat Book 38, Pages 1 and 2, of the Public Records of Palm Beach County, Florida, thence South 01 °30'15" East, along the West line of said Plat of Foxe Chase, a distance of 707.79 feet; thence South 88 °29'45" West, a distance of 600.00 feet; to a point on a line 600.00 feet West of and parallel to the West line of said Plat of Foxe Chase said point also being the point of beginning; thence South 01 *30'15" East, along said parallel line, a distance of 74.40 feet; thence South 88 °29'45" West a distance of 22.30 feet to a point on a curve concave to the Southeast, with a central angle of 36 °51'34" and a radius of 150.00 feet; thence Southwest, along the arc of said curve, a distance of 96.50 feet; thence South 51 °38'11" West a distance of 32.98 feet; thence North 38 °21'49" West a distance of 165.99 feet to a point of curve concave to the Northeast with a central angle of 37 °03'10" and a radius of 370.00 feet; thence Northwest and North along the arc of said curve, a distance of 239.28 feet; thence North 01'18'39" West a distance of 248.80 feet to a point on a curve concave to the East with a central angle of 12 °52'11" and a radius of 220.00 feet; thence North along the arc of said curve, a distance of 49.42 feet; thence North 11 °33'32" East a distance of 206.78 feet; to a point of curve concave to the West with a central angle of 12 °52'11" and a radius of 300.00 feet; thence along the arc of said curve, a distance of 67.39 feet; thence North 01'18'39" West a distance of 152.80 feet to a point on the South right -of -way line of Linton Boulevard; thence North 88 °41'21" East along the said South right -of -way line of Linton Boulevard, a distance of 457.02 feet to a point on the North right - of -way line of Germantown Road; thence South 69 °58'19" East, along the said North right -of -way line of Germantown Road, a distance of 46.93 feet; thence South 01 *30'15" East a distance of 407.76 feet; thence south 43 °29'45" West a distance of 196.15 feet; to a point of curve concave to the Southeast with a central angle 45 °00'00" and a radius of 380.00 feet; thence Southwest and South, along the arc of said curve, a distance of 298.45 feet to a point on a line 600.00 feet West of and parallel to the West line of said plat of Foxe Chase; thence South 01 °30'15" East along said parallel line, a distance of 116.72 feet to the point of beginning. Containing 429,555 square feet (9.861 acres) of land, more or less. Section 5. That pursuant to Section 4.4.25 "Special Activities District (SAD)" "Allowed Uses and Structures," approval for the subject property described in Section 4, above, is hereby granted for a mixed use development including a 29,571 sq. ft. medical office building, 84 market rate residential townhomes and 32 workforce residential townhomes. ORD NO. 46-07 Section 6. That the development of the property described in Section 4, above, shall -be in accordance with the site and development plans known as Midtown Delray as approved by the Site Plan Review and Appearance Board or City. Section 7. That structures (dwelling unit groups) shall not be located closer than twenty - five feet (25) from each other. Section 8. That any future modifications to the approved Midtown Delray site plan which are not substantial and which do not deal with intensity or type of uses shall be reviewed by the Site Plan Review and Appearance Board and processed as site plan modifications. Section 9. Waivers for this SAD shall include waivers to the following sections if approved by the City Commission by separate order, which as approved or denied, shall be deemed to be an exhibit hereto and incorporated as if fully set forth herein. 1. LDR Section 6.1.2 (C)(3)(a) 2. LDR Section 6.1.3 (D)(1)(b) Section 10. That Section 4.4.25(G), "SADS," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to add Subsection (9), Section 11. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 12 . 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. ORD NO. 46-07 r Section 13. That this ordinance shall become effective immediately upon its passage on the second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this 11 Ih day of December, 2007. ATTEST: City Clerk First Read' \O Second Readin A*4n Q-�� (F&L�4 MAYOR 4 ORD NO. 46-07 "EXHIBIT "A" IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR MIDTOWN DELRAY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. These waiver requests have come before the City Commission on December 11, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for Midtown Delray. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. WAIVERS: Pursuant to LDR 6.1.2 (C)(3)(a), the minimum roadway pavement width is twenty four (24) feet. The Applicant has requested the roadway width be reduced to 20' as opposed to the required 24'. Pursuant to LDR Section 6.1.3 (D)(1)(b), where it is clear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of the street may be reduced to installation of a sidewalk only along one side of the street. The Applicant has requested a waiver to allow a sidewalk on only one side of the street. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 6.1.2 (C)(3)(a) comply with the requirements of Section 2.4.7(B)(5), with the condition, as set forth in Section 6.1.2(C)(3)(c), that the City Engineer and Fire Marshal recommend approval of the reduction in that the 24' width is not feasible or would constitute a hardship and that the reduction would not endanger the public safety and welfare and also with the condition that the HOA documents contain a prohibition on the parking of vehicles within street access tracts? Yes 5 No 0 Would the waiver of Section 6.1.3 (D)(1)(b) comply with the requirements of Section 2.4.7(6)(5)? Yes 5 No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 10.4.2 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves or denies the waiver requests as follows: LDR Section Approve Deny 6.1.2 (C)(3)(a) (reduce the paving width from 24 to 20 ft) x 6.1.3 (13)(1)(b) (sidewalk construction on just one side of street) x 6. Based on the entire record before it, the City Commission hereby adopts this Order subject to the condition that there shall be no parking on the streets and this prohibition shall be contained within the covenants /restrictions /homeowner association documents and other regulations governing the development/project this 11'" day of December, 2007, by a vote of 5 in favor and 0 opposed. ATTEST: Fred Fetzer, Vice May 6r l Tpr'. Chevelle Nubin, ity Clerk 3/a007 A MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager t/4 " DATE: November 28, 2007 SUBJECT: AGENDA ITEM W.A. - REGULAR COMMISSION MEETING OF DECEMBER 11,200 ORDINANCE NO. 46-07 - REZONING FOR MIDTOWN DELRAY, ASSOCIATED WAIVER REQUESTS. AND SITE PLAN ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing for consideration of a rezoning request to allow a modification of the Blood's Grove Special Activities District (S.A.D.), Zoning Ordinance No. 51 -95, in conjunction with a new mixed -use development known as Midtown Delray containing 116 townhouse units (of which 32 units are subject to the family workforce housing ordinance) and 29,571 square feet of medical offices to be located at the southwest corner of Linton Boulevard and Old Germantown Road (4600 Linton Boulevard). Also before the Commission are two associated waiver requests and an appeal of the Site Plan Review and Apperance Board's (SPRAB) approval of the site plan, landscape plan, and architectural elevations. BACKGROUND At the first reading on October 16, 2007, the Commission passed Ordinance No. 46 -07. The City Commission considered Ordinance 46 -07 on November 6, 2007 for Second Reading/Second Public Hearing, and voted to move the Second Reading of this ordinance to a date certain of November 20, 2007. At the November 20, 2007 Regular Commission Meeting, the City Commission voted to postpone Ordinance No. 46 -07 and the appeal of SPRAB's approval to a date certain of December 4, 2007. Due to the postponement of the December 4 meeting, both of these items will be considered during the Public Hearing portion of the December 11 Commssion meeting. Commission discretion regarding second reading for Ordinance No. 46 -07, the two associated waivers, and the appeal of SPRAB's approval. Smith, Douglas From: Dorling, Paul Sent: Friday, December 07, 2007 8:50 AM To: Smith, Douglas Subject: RE: Midtown Delray Doug, An exit onto Linton Boulevard is not supported by the County Traffic Division, Planning Department or Engineering Department given the potential impacts of west bound traffic attempting to cross three lanes to make the U turn at the median opening at Germantown Road. This would be akin to the traffic mess we have at the Boys Market on Military Trail. The safest west bound Linton movement would be via the Germantown/ Linton intersection. With respect to the connection between the Commercial and Residential piece this connection has been provided at the request of Planning and Engineering staff to provide alternative egress options during the'/ hour AM peaks associated with the School as well as alternative ingress /egress point should the park access road become blocked. Paul Dorling, AICP Director of Planning and Zoning City Of Delray Beach 100 N.W. 1st. Avenue Delray Beach, Florida 33444 561- 243 -7040 dorlinW @ci.delray- _beach fl_us From: Smith, Douglas Sent: Friday, December 07, 2007 8:22 AM To: Dorling, Paul Subject: FW: Midtown Delray FYI Doug Smith Assistant City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Phone: (561) 243 -7144 Fax: (561) 243 -7199 Email: smithdgci.delray- beach.g.us From: Harden, David Sent: Thursday, December 06, 2007 3:19 PM To: Smith, Douglas Subject: FW: Midtown Delray For agenda backup. From: Schroeder, Larry Sent: Thursday, December 06, 2007 3:06 PM To: Commissioners, Mayor and City Manager Subject: Midtown Delray I have had the plans reviewed by CSO Glass, who works out there everyday, and Off. Jacobson, an experienced 12/7/2007 traffic officer and we would make the following recommendations Currently they are showing an entrance only off of Linton into the commercial piece, we would recommend that an exit be included also. Reason, exiting onto the access road is challenging, especially during school opening and closing. If some of that traffic could be diverted out via Linton it would reduce this problem. We recommend that there should be no access between the commercial piece and the residential piece. Reason, if that connection remains many residents will attempt to leave the area via the north exit at Germantown. Traffic would be backed up and even if an officer is assigned to direct traffic, there is stacking space for only 6 cars between the exit and Linton which will cause a backup onto Linton which is dangerous. If the residents leave through the south exit there is a large stacking area so there should not be any blockages beyond the access road. It looks as though they have moved the north entrance/exit a little north of where it is currently and thus it is misaligned with Germantown and we would recommend that this entrance remain aligned with Germantown. Reason, Germantown is three laned at the intersection, left turn, straight, and right turn lanes. If the drivers continuing straight must take a jog they could encroach into the right turn lane potentially causing crashes. Last recommendation, keep the Palm Tran bus stop where it is, which is on Germantown just east of the access road. It appears to us by the drawings that it is being moved to the access road just north of Germantown. Reason, when the bus stops to pick up or drop off the road is substantially blocked and yet cars will continue to pass it and this presents a dangerous situation with the volume of vehicles exiting the school and development via the access road. Its current location works well without causing congestion. If anyone has any questions please let me know. JLS Chief Larry Schroeder Delray Beach Police Department 300 West Atlantic Avenue Delray Beach FL 33444 561- 243 -7851 schroeder@ci.delray-beach.fl.us 12/7/2007 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER �-�5�5"}Zw�+ CM DATE: NOVEMBER 27, 2007 SUBJECT: AGENDA ITEM # - REGULAR MEETING — DECEMBER 4, 2007 CONSIDERATION OF A REZONING REQUEST TO ALLOW A MODIFICATION OF THE BLOOD'S GROVE SPECIAL ACTIVITIES DISTRICT (SAD) ZONING ORDINANCE NUMBER 51 -95, IN CONJUNCTION WITH A NEW MIXED -USE DEVELOPMENT KNOWN AS MIDTOWN DELRAY CONTAINING 116 TOWNHOUSE UNITS (OF WHICH 32 UNITS ARE SUBJECT TO THE FAMILY WORKFORCE HOUSING ORDINANCE) AND 29,571 SQUARE FEET OF MEDICAL OFFICES PURSUANT TO LDR SECTION 4.4.25. ITEM BEFORE COMMISSION The item before the City Commission is adoption of Ordinance No. 46 -07 which modifies the Blood's Grove SAD (Special Activities District) Ordinance 51 -95, in conjunction with a new mixed -use development known as Midtown Delray containing 116 townhouse units (of which 32 units are subject to the Family Workforce Housing Ordinance) and 29,571 sq. ft. of medical offices to be located at the southwest corner of Linton Boulevard and Old Germantown Road (4600 Linton Boulevard). BACKGROUND At its meeting of October 16, 2007, the City Commission approved on first reading Ordinance 46 -07 which amended Blood's Grove Ordinance No. 51 -95, to allow the construction of 116 townhouse units and a 29,571 sq. ft. medical office building, with the following directions; • That aesthetic improvements are made to make the architectural elevations more visually appealing. This should include measures to reduce the height and mass of the townhouse units; • That alternative ingress /egress to the residential portion of the site be considered; • That the proposed landscape perimeter buffer along the west property line shall be substantially increased; and • That efforts be made to minimize the requested waivers with particular direction that the required 25% open space preserve requirement be met. The site development plan was approved subject to conditions (by a vote of 4 to 2) by the Site Plan Review and Appearance Board (SPRAB) on October 24, 2007. This approval was subject to the conditions attached as Exhibit "A" and summarized below: City Commission Documentation, Meeting of December 4, 2007 SAD Rezoning of Bloods Hammock Groves for Midtown Delray That the applicant shall at a minimum revise the site plan and landscape plan to comply with the required 25% open space preserve area requirement. 2. That the ingress and egress drive way to the proposed development shall be modified; 3. That the proposed landscape perimeter buffers shall be substantially increased. 4. That a 5 foot wide sidewalk shall be provided along Park Access Road and Linton Boulevard, and that the 5 foot wide sidewalk be depicted on the site plan, landscape plan, and engineering plans; 5. That the workforce housing units shall be evenly distributed among all proposed townhouse buildings. 6. That every effort should be made along the western property line along Orchard Lane to stagger buildings number ten, twelve, fourteen, fifteen and sixteen. 7. That the exterior perimeter landscape buffer shall be increased where possible to maximize buffering along Orchard Lane and Park Access Road. Subsequent to the October 24, 2007 SPRAB meeting, the applicant revised the development plans to comply with the Board's conditions of approval and the City Commission directions. These modifications included the following: 1. Traffic calming devices have been added both internal and external of the project; 2. Sidewalks have been added to the perimeter of the property along Linton Boulevard and Park Access Road; 3. The western exterior perimeter landscape buffer has been preserved and will be increased where possible to maximize the buffering potential along Orchard Lane; 4. The ends of the buildings (side elevations) have been further enhanced with architectural features including a new balcony; 5. All of the buildings along the western boundary are now staggered. 6. The overall massing of the roof height has changed. The overall height was originally 39.4 feet (mean roof height). It is now 31.9 feet (mean roof height) for a total reduction of 7.5 feet; At its meeting of November 6, 2007, the City Commission moved to appeal the Site Plan Review and Appearance Board conditions and move the Second Reading of Ordinance No. 46 -07 to a date certain of November 20, 2007. This motion was approved by a vote of 5 -0. On November 16, 2007 a letter was received from the applicant requesting postponement of the hearing for the rezoning request from November 20, 2007 to the December 4, 2007 City Commission meeting. The applicant justified reasons for the postponement to find possible solutions to issues raised by surrounding homeowners and other individuals, which included the following: 1. Engineering a possible decrease in the height of the medical building; 2. Possible re- distribution of workforce housing units and coordination with the Delray Beach Community Land Trust; 3. Potential new points of ingress and egress, including Linton Boulevard and Orchard Lane; 4. The staggering of the buildings and other architectural details; 5. Certain improvements related to safety, such as traffic calming; and 2 City Commission Documentation, Meeting of December 4, 2007 SAD Rezoning of Bloods Hammock Groves for Midtown Delray 6. Review of certain landscaping issues in order to maximize potential buffering At its meeting of November 20, 2007, the City Commission moved by a vote of 4 -0 to postpone the rezoning and appeal to tonight's meeting of December 4, 2007. Further revisions addressing the Site Plan Review and Appearance Board (SPRAB) conditions of approval were received on November 20, 2007. These additional changes include the following: 1. The ingress and egress of the project has been modified to include a connection between the residential and commercial areas and a right turn only into the development from Linton Boulevard; 2. The existing landscape buffer along Orchard Lane will be maintained as part of the natural preserve. The landscape buffer has been enhanced with additional landscaping in order to provide a more substantial buffer. 3. The townhouse buildings containing workforce housing units have been evenly dispersed throughout the site plan; 4. Traffic calming devices have been added internal to the development as well as on Park Access Road; 5. Several meetings were held between the City Engineering Department and the traffic engineers to discuss various solutions regarding the entrance to the school. The consensus was to provide a raised crosswalk along with two stop signs, which has been provided and is indicated on the site plan; 6. Sidewalks have been added along Linton Boulevard and Park Access Road in order to provide for pedestrian traffic; 7. The photometric plan has been revised to comply with the Land Development Regulations of the City of Delray Beach; 8. The residential buildings along the western property line have been staggered in the rear of the buildings (in addition to the already staggering of the units in the front); 9. The ends of the buildings (side elevations) have been further enhanced with architectural features including a new balcony; 10. There are a total of five (5) colors being proposed for this project. Each townhouse building type will have a different combination of these colors in order to create variation throughout the site plan; 11. The residential buildings along the western property line have been staggered in the rear of the buildings; and, 12. The overall massing of the roof height has changed. The overall height was originally 39.4 feet (mean roof height). It is now 31.9 feet (mean roof height) for a total reduction of 7.5 feet. 3 City Commission Documentation, Meeting of December 4, 2007 SAD Rezoning of Bloods Hammock Groves for Midtown Delray WAIVERS The modified plans eliminate the need for two waivers (open space and stacking distance). The following two waivers are requested: • A waiver to reduce the minimum pavement width of the interior roadway from 24 feet to 20 feet [LDR Section 6.1.2(C)(3)(a)]; • Waiver to provide a sidewalk on one side of the street instead of the required sidewalks on both sides of the street [LDR Section 6.1.3 (D)(1)(b)], An analysis of the aforementioned waivers is attached in "Exhibit B ". RECOMMENDATION By Separate Motions: Rezoning Move approval of the SAD Ordinance 46 -07 which amends Blood's Grove Ordinance 51 -95 for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1 and 4.7 (Workforce Housing) of the Land Development Regulations. Waiver #1 Move approval of the request for waiver to LDR Section 6.1.2(C)(3)(a) to reduce the minimum pavement width of the interior roadway from 24 feet to 20 feet, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5) of the Land Development Regulations. Waiver #2 Move approval of the request for waiver to LDR Section 6.1.3 (D)(1)(b) to provide a sidewalk on one side of the street instead of the required sidewalks on both side of the street internal to the project, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5) of the Land Development Regulations. Attachments: • Exhibit "A" SPRAB Conditions of Approval • Exhibit "B" Waiver Analysis • City Commission Staff Report of November 20, 2007 • Revised Plans for Midtown Delray 0 City Commission Documentation, Meeting of December 4, 2007 SAD Rezoninq of Bloods Hammock Groves for Midtown Delray EXHIBIT - "A" 1. That the ingress and egress drive way to the proposed development shall be modified; 2. That the proposed landscape perimeter buffer shall be substantially increased. 3. That a 5' wide sidewalk shall be provided along Park Access Road and Linton Boulevard, and that the 5' wide sidewalk be depicted on the site plan, landscape plan, and engineering plans; 4. That a plat must be recorded prior to issuance of any building permits; 5. That a bus shelter along Linton Boulevard shall be constructed according to specifications that will be provided by the City Engineer; 6. That the workforce housing units are sold in accordance with LDR Section 4.7.7; 7. That the terms of resale of the workforce housing units, pursuant to LDR Section 4.7.8, be included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach County; 8. That no amendments to the covenants shall be made unless by written instrument approved by the City; 9. That the applicant shall coordinate with the Community Improvement Department on buyer eligibility and housing prices for the workforce housing units; 10. That the applicant shall include clear language in the Home Owners Association documents as to how the maintenance fee for the workforce housing units will be established and that the proposed maintenance fee be approved by the City; and 11. That the workforce housing units shall be evenly distributed among all proposed townhouse buildings. 12. That there be an emphasis placed on safety; 13. That there be traffic calming devices inside and outside the complex; 14. That possibly a stoplight be installed across from the school; 15. That there be a reduction in parking and an increase in green space where possible; 16. That there be sidewalks for pedestrian traffic; 17. That the photometric plan need to be revised, separating the medical parcel from the residential parcel foot candle illumination levels; 18. That every effort should be made along the western property line along Orchard Lane to stagger buildings number ten, twelve, fourteen, fifteen and sixteen enough to provide additional buffering; 5 City Commission Documentation, Meeting of December 4, 2007 SAD Rezoning of Bloods Hammock Groves for Midtown Delray 19. That the exterior perimeter landscape buffer shall be increased where possible to maximize buffering potential along Orchard Lane and Park Access Road; 20. That all Landscape Technical Items are addressed and three (3) copies of the revised plans are submitted; 21. That where possible excess parking should be reduced and additional landscaping and open space shall be provided; and 22. That wherever possible the buildings shall be staggered and center to the project to provide additional landscape buffering; 23. That original color chips be submitted; 24. That the side elevations of buildings number five, seven, sixteen and seventeen be further enhanced with additional architectural features to make them more interesting; 25. That the applicant shall stagger the units of the buildings to allow a more attractive roof line; and 26. That there be some variation in the colors of the buildings. L City Commission Documentation, Meeting of December 4, 2007 SAD Rezoning of Bloods Hammock Groves for Midtown Delray EXHIBIT - "B" The proposed Ordinance 46 -07 amends SAD rezoning Ordinance 51 -95 for Midtown Delray and includes the following two (2) waiver requests: A waiver to reduce the required roadway pavement width from 24 feet to 20 feet [LDR Section 6.1.2(C)(3)(a)]; 2. A waiver to provide a sidewalk on one side of the street instead of the required sidewalks on both side of the street [LDR Section 6.1.3(D)(1)(b)]; and, Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Analysis of Waiver #1: Pursuant to LDR 6.1.2 (C)(3)(a), the minimum roadway pavement width is twenty four (24) feet. Plans indicate that the roadway width is reduced to 20' as opposed to the required 24'. Pursuant to LDR Section 6.1.2(C)(3)(c), upon the recommendation of the City Engineer, and with the approval of the Fire Marshal, the City Commission may authorize a reduction in the minimum required width of paving if it is determined that the requirements of this subsection would not be feasible or would constitute a hardship in a particular instance and provided this reduction would not endanger public safety and welfare. The applicant has provided the following justification statement regarding the waiver request: "This waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and /or result in the grant of a special privilege to our client. The requirements of this LDR Section are not feasible and would constitute a hardship. This reduction would not endanger the public safety and /or welfare. The narrower streets will require vehicles to travel at lesser speeds, which will actually create a safer environment. Similar circumstances on other properties would lead to the same conclusion and in fact, similar waivers have been granted on numerous projects. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5) Waiver Findings, can be made. " The development proposal provides a 20 foot wide street with two feet of valley gutter on both side of the pavement. The City Engineer and Fire Marshal have previously supported reductions that have been granted to the standard aisle width for other townhouse projects such as Atlantic Palm, Atlantic Grove, Gramercy Square, Banyan Village, Highland Grove Estates, and Legacy at Sherwood Forest. In this particular request, the two foot valley gutter on either side of the road will provide sufficient area for large emergency vehicles to navigate the road. The reduction can be supported subject to the condition that the Home Owner's Association documents contain a prohibition on the parking of City Commission Documentation, Meeting of December 4, 2007 SAD Rezoning of Bloods Hammock Groves for Midtown Delray vehicles within the street access tracts. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. Analysis of Waiver #2: Pursuant to LDR Section LDR Section 6.1.3 (D)(1)(b), where it is clear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of a street may be reduced to installation of a sidewalk along only one side of the street, during the site plan or plat process, as appropriate. Pursuant to LDR Section 6.1.3 (D)(1)(b), where it is clear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of the street may be reduced to installation of a sidewalk only along one side of the street. The primary purpose of sidewalks is to provide a safe place for pedestrian to travel. Generally, sidewalks are required along both sides of all streets. However, due to the very limited width and pronounced depth of the site some design limitations are present in the proposed development. The width of the site provides a limited area to: a) place the buildings on the site; b) to accommodate the interior street; c) to provide a 5' wide sidewalk on both side of the street; d) to comply with the setbacks required; and e) not to disturb the existing woodland area. The applicant has provided the following justification statement regarding the waiver request "This waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and /or result in the grant of a special privilege to our client. The requirements of this LDR section are not feasible and would constitute a hardship. Pursuant to LDR Section 6.1.3(D)(1)(b), a waiver to have a sidewalk on only one side of the street is appropriate in certain instances, such as this. in fact, LDR Section 6.1.3(A) merely states that "generally sidewalks are required to be on both sides of the street ". Since the internal sidewalk connects to the park access road via a crosswalk and small sidewalk, there will be connectivity to the park. Similar circumstances on other properties would lead to the same conclusion and in fact, similar waivers have been granted. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5) Waiver Findings, can be made." The proposed development has been designed with a looped interior street; various traffic calming devices consisting of raised crosswalks, one of them adjacent to the recreation area and at different locations along the interior street have been provided. Therefore, to provide a 5' wide sidewalk on one side of the street should not impact the safety of pedestrian travel. Similar waivers have been previously granted for other townhouse projects in the City such as Gramercy Square (148 townhouse units), and Highland Grove Estates (14 townhouse units). Granting the requested waiver will not create an unsafe situation, diminish the provision of public facilities, or adversely affect the neighboring area. Therefore, positive findings with respect to LDR Section 2.4.7(B) (5) can be made. [? ORDINANCE NO. 46 -07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, AMENDING SECTION 4.4.25(G), "S.A.D.s," TO ADD SUBSECTION (9) MIDTOWN DELRAY TO THE LIST OF APPROVED S.A.D.s; AMENDING ORDINANCE NO. 51 -95 BY REPEALING SECTIONS RELATED TO THE BLOOD'S COMMERCIAL PROJECT MASTER PLAN AND PROVIDING FOR REVISED REGULATIONS GOVERNING THIS SPECIAL ACTIVITIES DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Midtown Delray, LLC is the fee simple owner of the parcel of land as more particularly described herein; and WHEREAS, the subject property hereinafter described is within the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the subject property hereinafter described presently has a Future Land Use Map (FLUM) designation of TRN (Transitional); and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board for the City of Delray Beach, as local planning agency held a public hearing and considered the subject matter at its meeting of September 17, 2007 and voted 6 to 1, to recommend that the requests be approved, based upon positive findings; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with 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. 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. Section 2. That the Blood's Grove Orchard Ordinance 51 -95 which establishes the Blood's Grove S.A.D. is modified by Ordinance No 46 -07. 10-A Section 3. That Sections 4, 5, 6 and 7 of Ordinance 51 -95 are hereby repealed. Section 4. That the property affected by this ordinance is described as: A parcel of land in Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows; Commence at the Northwest corner of the Plat of Foxe Chase, as recorded in Plat Book 38, Pages 1 and 2, of the Public Records of Palm Beach County, Florida, thence South 01030'15" East, along the West line of said Plat of Foxe Chase, a distance of 707.79 feet; thence South 88 °29'45" West, a distance of 600.00 feet; to a point on a line 600.00 feet West of and parallel to the West line of said Plat of Foxe Chase said point also being the point of beginning; thence South 01030'15" East, along said parallel line, a distance of 74.40 feet; thence South 88 029'45" West a distance of 22.30 feet to a point on a curve concave to the Southeast, with a central angle of 36 °51'34" and a radius of 150.00 feet; thence Southwest, along the arc of said curve, a distance of 96.50 feet; thence South 51 038'11" West a distance of 32.98 feet; thence North 38 021'49" West a distance of 165.99 feet to a point of curve concave to the Northeast with a central angle of 37003'10" and a radius of 370.00 feet; thence Northwest and North along the arc of said curve, a distance of 239.28 feet; thence North Ol °18'39" West a distance of 248.80 feet to a point on a curve concave to the East with a central angle of 12 °52' 11" and a radius of 220.00 feet; thence North along the arc of said curve, a distance of 49.42 feet; thence North 11 033'32" East a distance of 206.78 feet; to a point of curve concave to the West with a central angle of 12052'11" and a radius of 300.00 feet; thence along the arc of said curve, a distance of 67.39 feet; thence North 01018'39" West a distance of 152.80 feet to a point on the South right -of- way line of Linton Boulevard; thence North 88 °41'21" East along the said South right -of -way line of Linton Boulevard, a distance of 457.02 feet to a point on the North right -of -way line of Germantown Road; thence South 69 °58' 19" East, along the said North right -of -way line of Germantown Road, a distance of 46.93 feet; thence South 01°30'15" East a distance of 407.76 feet; thence south 43 029'45" West a distance of 196.15 feet; to a point of curve concave to the Southeast with a central angle 45 °00'00" and a radius of 380.00 feet; thence Southwest and South, along the arc of said curve, a distance of 298.45 feet to a point on a line 600.00 feet West of and parallel to the West line of said plat of Foxe Chase; thence South 01°30'15" East along said parallel line, a distance of 116.72 feet to the point of beginning. Containing 429,555 square feet (9.861 acres) of land, more or less. Section 5. That pursuant to Section 4.4.25 "Special Activities District (SAD)" "Allowed Uses and Structures," approval for the subject property described in Section 4, above, is hereby granted for a mixed use development including a 29,571 sq. ft. medical office building, 84 market rate residential townhomes and 32 workforce residential townhomes. Section 6. That the development of the property described in Section 4, above, shall be in accordance with the site and development plans known as Midtown Delray as approved by the Site Plan Review and Appearance Board or City. Section 7. That structures (dwelling unit groups) shall not be located closer than 2 twenty-five feet (25') from each other. Section 8. That any future modifications to the approved Midtown Delray site plan which are not substantial and which do not deal with intensity or type of uses shall be reviewed by the Site Plan Review and Appearance Board and processed as site plan modifications. Section 9. Waivers for this SAD shall include waivers to the following sections if approved by the City Commission by separate order, which as approved or denied, shall be deemed to be an exhibit hereto and incorporated as if fully set forth herein. 1. LDR Section 6.1.2 (C)(3)(a) 2. LDR Section 6.1.3 (D)(1)(b) Section 10. That Section 4.4.25(G), "SADS," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to add Subsection (9), (9) Midtown Delray, Ordinance No. 46 -07. Section 11. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 12 . 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 13. That this ordinance shall become effective immediately upon its passage on the second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 12007. FNil0*" City Clerk First Reading Second Reading MAYOR EXHIBIT "A" IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR MIDTOWN DELRAY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. These waiver requests have come before the City Commission on December 11, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for Midtown Delray. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. WAIVERS: Pursuant to LDR 6.1.2 (C)(3)(a), the minimum roadway pavement width is twenty four (24) feet. The Applicant has requested the roadway width be reduced to 20' as opposed to the required 24'. Pursuant to LDR Section 6.1.3 (D)(1)(b), where it is Gear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of the street may be reduced to installation of a sidewalk only along one side of the street. The Applicant has requested a waiver to allow a sidewalk on only one side of the street. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 6.1.2 (C)(3)(a) comply with the requirements of Section 2.4.7(B)(5), with the condition, as set forth in Section 6.1.2(C)(3)(c), that the City Engineer and Fire Marshal recommend approval of the reduction in that the 24' width is not feasible or would constitute a hardship and that the reduction would not endanger the public safety and welfare and also with the condition that the HOA documents contain a prohibition on the parking of vehicles within street access tracts? Yes No Would the waiver of Section 6.1.3 (D)(1)(b) comply with the requirements of Section 2.4.7(B)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves or denies the waiver requests as follows: LDR Section Approve Deny 6.1.2 (C)(3)(a) (reduce the paving width from 24 to 20 ft) 6.1.3 (D)(1)(b) (sidewalk construction on just one side of street) 6. Based on the entire record before it, the City Commission hereby adopts this Order this 11"' day of December, 2007, by a vote of _ in favor and _ opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk N MIDTOWN DELRAY --Nsumr-- 4600 LINTON BOULEVARD CITY OF DELRAY BEACH. FL SUBJECT PROPERTY LOCATION MAP PLANNING k ZONING DEPARTMENT -- 0/G/7AL S4SE MAP SYS7EM -- MAP REF: I.A110O8 is , �� Mr. Paul Dorling Susan Ruby, Esquire November 16, 2007 Page 2 of 2 ONKMO a3lrao tvx�v pa py I z 0 F mi 3� 3 z_ 0 M w g, 3- HM y I ELM - C�7 �. R JIQ , H y3ryF n. -., a .LOO S� "'•, .na`- �y�.<.^:W3 pa. W - 9070M17�1 N�dV84 •JNIOlIn811Nn 3Aw s r 1 vanio�a�'`,W.Nnoiuvae 'roa avaroa mmo.Lcov Z s s i Y s Y iYYiYY Y Y:YiYi T�Si 73, 5 �~o k a ~ igg z $y �y � f 2 y y$$Q C t C ie Y s k i 1g j3 ¢j Cj zx ��3d� 11; C If/ F: FdiE� F p.b �d6C�F IJi. Ie1 1 • I t is li S;lI - °• Ii . I d.1m, O Ig U •1 ei I fcl 1 m Di, � 1 a Iff doomo .... 9NI41In911Nn XIS ss. 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The Property Control Numbers for the subject parcel are 12- 42- 46- 25 -00- 000 -3010 and 12- 42- 46- 25 -00- 000 -3020. Proposed development of the unimproved parcel consists of 29,571 S.F. of medical office area and 116 multi - family dwelling units with a project build -out of 2010. Site access is proposed via two (2) driveway connections to Park Access Road which has full access to Linton Boulevard. For additional information concerning site location and layout, please refer to the Site Plan prepared by Draper Technologies. PURPOSE OF STUDY This study will analyze the proposed development's impact on the surrounding major thoroughfares within the project's radius of development influence in accordance with the Palm Beach County Unified Land Development Code Article 12 — Traffic Performance Standards. The Traffic Performance Standards state that a Site Specific Development Order for a proposed project shall meet the standards and guidelines outlined in two separate "Tests" with regard to traffic performance. Simmons & White, Inc. 5601 Cor orate Way Suite 200 West Palm Beach Florida 33407 P T: 561.478.7848 F: 561.478.3738 www.simmonsandwhite.com Certificate of Authorization Number 3452 Traffic Impact Statement Job No. 05 -066C March 9, 2007 - Page 2 Revised 4/9/07 Revised 6/4/07 Revised 6/22/07 Revised 10/22/07 Revised 11/02/07 PURPOSE OF STUDY (CONTINUED) Test 1, or the Build -out Test, relates to the build -out period of the project and requires that a project not add traffic within the radius of development influence which would have total traffic exceeding the adopted LOS at the end of the build -out period. This Test 1 analysis consists of two parts and no project shall be approved for a Site Specific Development Order unless it can be shown to satisfy the requirements of Parts One and Two of Test 1. Part One — Intersections, requires the analysis of major intersections, within or beyond a project's radius of development influence, where a project's traffic is significant on a link within the radius of development influence. The intersections analyzed shall operate within the applicable threshold associated with the level of analysis addressed. Part Two — Links, compares the total traffic in the peak hour on each link within a project's radius of development influence with the applicable LOS "D" link service volumes. The links analyzed shall operate within the applicable thresholds associated with the level of analysis addressed. Test 2, or the Five Year Analysis, relates to the evaluation of project traffic five years in the future and requires that a project not add traffic within the radius of development influence which would result in total traffic exceeding the adopted LOS at the end of the Five Year Analysis period. This test requires analysis of links and major intersections as necessary within or beyond the radius of development influence, where a project's traffic is significant on a link within the radius of development influence. This analysis shall address the total traffic anticipated to be in place at the end of the fifth year of the Florida Department of Transportation Five Year Transportation Improvement Program in effect at the time of traffic analysis submittal. The existing roadway network as well as both the State and Palm Beach County Five Year Road Program improvements, with construction scheduled to commence prior to the end of the Five Year Analysis Period, shall be the Test 2 roadway network assumed in the analysis. The total traffic in the peak hour on each link within a project's radius of development influence shall be compared with the applicable LOS "E" service volumes. The links analyzed shall operate within the applicable thresholds associated with the level of analysis addressed. Traffic Impact Statement Job No. 05 -066C March 9, 2007 - Page 3 Revised 4/9/07 Revised 6/4/07 Revised 6/22/07 Revised 10/22/07 Revised 11/02/07 PURPOSE OF STUDY (CONTINUED) This study will verify that the proposed development's traffic impact will meet the above Traffic Performance Standards. TRAFFIC GENERATION The traffic to be generated by the proposed facility has also been calculated in accordance with the traffic generation rates listed in Tables 10.8 -1 Fair Share Road Impact Fee Schedule of Article 10 and the ITE Trip Generation Manual, 7t' Edition as shown in Table 1, Table 2 and Table 3. Table 1 shows the daily traffic generation associated with the proposed plan of development. Tables 2 and 3 show the A.M. and P.M. peak hour traffic generation, respectively. The traffic to be generated by the proposed development (30,000 S.F. of medical office area and 116 multi - family dwelling units) may be summarized as follows: Daily Traffic Generation = 1827 tpd A.M. Peak Hour Traffic Generation = 128 pht P.M. Peak Hour Traffic Generation = 164 pht RADIUS OF DEVELOPMENT INFLUENCE Based on Table 12.B.2.D -7 3A of the Palm Beach County Unified Land Development Code Article 12 — Traffic Performance Standards, for a net trip generation of 163 peak hour trips, the radius of development influence shall be two miles. For Test 1, a project must address those links within the radius of development influence on which its net trips are greater than one percent of the LOS "D" of the link affected on a peak hour two -way basis AND those links outside of the radius of development influence on which its net trips are greater than five percent of the LOS "D" of the link affected on a peak hour two -way basis up to the limits set forth in Table 12.B.2.0 -1 IA: LOS "D" Link Service Volumes. Traffic Impact Statement Job No. 05 -066C March 9, 2007 - Page 4 Revised 4/9/07 Revised 6/4/07 Revised 6/22/07 Revised 10/22/07 Revised 11/02/07 RADIUS OF DEVELOPMENT INFLUENCE (CONTINUED) For Test 2, a project must address those links within the radius of development influence on which its net trips are greater than three percent of the LOS "E" of the link affected on a peak hour two -way basis AND those links outside of the radius of development influence on which its net trips are greater than five percent of the LOS "E" of the link affected on a peak hour two -way basis up to the limits set forth in Table 12.B.2.0 -4 2A: LOS `B" Link Service Volumes. EXISTING TRAFFIC Existing A.M. and P.M. peak hour traffic volumes for the links within the project's radius of development influence were available from the Palm Beach County Engineering Traffic Division. Background traffic, consisting of historical growth allowances furnished by Palm Beach County, major project traffic, and anticipated development in the area was also considered. Table 4 attached with this report calculates the three year historical growth rates for all of the links within the project's radius of development influence. The calculated growth rates are based on 2003 and 2006 peak season, peak hour traffic volumes. As previously mentioned, the proposed project will have a project build -out of 2010. The 2010 total traffic on each link has been calculated using the rgreat_er of the following two combinations: the applicable growth rates calculated in Table 4 applied for the appropriate number of years, or a I % areawide growth rate applied for the appropriate number ofyears as well as all approved but unbuilt traffic listed on the "Approved Project Traffic Volumes" summary table received from the Palm Beach County Engineering Traffic Division. Please refer to the Appendix "B" attached with this report for a detailed analysis of all Approved Development in the area. The proposed project is expected to be built -out in 2010 and background traffic was projected to that time. Please refer to Tables 5 and 6 attached with this report for the 2010 analysis. Traffic Impact Statement Job No. 05 -066C March 9, 2007 - Page 5 Revised 4/9/07 Revised 6/4/07 Revised 6/22/07 Revised 10/22/07 Revised 11/02/07 TRAFFIC ASSIGNMENT/DISTRIBUTION The distribution of project trips was based upon the existing and proposed geometry of the roadway network, a review of the existing and historical travel patterns, and a review of the proposed development and improvements in the area. The distributed traffic for the retail area and congregate living facility portion of the project was assigned to the links within the project's radius of development influence and can be seen in the Project Distribution Figure attached with this report. Based on the projected total A.M. and P.M. peak hour traffic volumes and threshold volumes for the links within the project's radius of development influence as shown in Tables 5 and 6, this project meets the applicable Peak Hour Traffic Volume Link Performance Standards listed under "Test One - Part Two" of the Palm Beach County Traffic Performance Standards on all links within the project's radius of development influence. INTERSECTION REVIEW The development of the subject parcel is not anticipated to result in excess of ten percent of total traffic on an average peak hour total traffic basis leading to any signalized intersection. However, as a requirement of part 1 of Test 1 of the Palm Beach County Traffic Performance Standards, the intersections of Linton Boulevard at Military Trail and Linton Boulevard at Homewood Boulevard must be analyzed. A detailed analysis of these intersections has been performed and can be seen in Appendix `B" attached with this report. The above referenced intersections have been analyzed using the adjusted turning movement volumes attached with this report in accordance with the methodology set forth in the Transportation Research Board Special Report 209, Planning Analysis. As the results in the Intersection Analysis (attached as Appendix `B ") show, the sum of the critical movements during the peak- season, peak -hours at project build -out are less than the adopted Level of Service critical movement volume of 1400 vph. Traffic Impact Statement Job No. 05 -066C March 9, 2007 - Page 6 Revised 4/9/07 Revised 6/4/07 Revised 6/22/07 Revised 10/22/07 Revised 11/02/07 INTERSECTION REVIEW (CONTINUED) CRITICAL SUM CRITICAL SUM INTERSECTION A.M. . P.M. Linton Boulevard at Military Trail 1358 1280 Linton Boulevard at Homewood Boulevard 712 641 Based on conversations with the City of Delray Beach Staff the following stop controlled intersections were analyzed: INTERSECTION Germantown Rd at Homewood Blvd INTERSECTION Park Access Rd at Old Germantown Rd NORTH APPROACH A.M. LOS (DELAY) C (23.4 seconds) OVERALL A.M. LOS A FIVE YEAR ANALYSIS NORTHAPPROACH P.M. LOS (DELAY) C (15.1 seconds) OVERALL P.M. LOS A Test 2, or the Five Year Analysis, relates to the evaluation of project traffic five years in the future and requires that a project not add traffic within the radius of development influence which would result in total traffic exceeding the adopted LOS at the end of the Five Year Analysis Period. Tables 5 and 6 show the projects net trip generation is less than three percent of the applicable LOS "E" threshold for all links within the projects radius of development influence. This project therefore meets the requirements of Test 2. SITE RELATED IMPROVEMENTS The A.M. and P.M. peak hour turning movement volumes and directional distributions at the project entrances for the overall development are shown in Tables 2 and 3 attached with this report and may be summarized as follows: Traffic Impact Statement Job No. 05 -066C March 9, 2007 - Page 7 Revised 4/9/07 Revised 6/4/07 Revised 6/22/07 Revised 10/22107 Revised 11/02/07 SITE RELATED IMPROVEMENTS (CONTINUED) DIRECTIONAL DISTRIBUTION (TRIPS IN / OUT) A.M. Peak Hour = 68/64 P.M. Peak Hour = 73/96 As mentioned in the SITE DATA portion of this report, site access is proposed via two (2) driveway connections to Park Access Road which has full access to Linton Boulevard. Based on the project turning movements, it appears no turn lanes will be required. CONCLUSION The proposed development results in an increase of 1827 daily trips,128 A.M. peak hour and 164 P.M. peak hour trips, from the existing development at project build -out in 2010. Based on an analysis of existing and project traffic characteristics and distribution, as well as the existing and future roadway network geometry and traffic volumes, this overall project meets the Five Year Analysis Test as required by the Palm Beach County Traffic Performance Standards. Q o ert F. 4ki&likurh, FL Reg. No CC: x. /docshraflicmddrainage/6s.05066c 4.word Q�Q W O ; T C tl a J r9 m o X4000 9� 4� -�.S z 088 3 . • � .CT]cH iVA Q�Q W O ; T C tl a J r9 4� -�.S z 088 3 . • � .CT]cH iVA µ 11 • 'T x.v _� • 'ie1 � • dal h INZ ' a4 r3 INS1 Q�Q W O ; T C tl a J r9 Q�Q W O ; T C tl a w z D 2 U O SIMMONS & WHITE, INC. ENGINEERS * PLANNERS * CONSULTANTS LINTON BOULEVARD I 27 (29) -- F 27 (30) 25 (38) 46 (22) i9) 71- 26 (39) ■ 12 (5) LEGEND TURNING MOVEMENT WORKSHEET 15 AM PEAK HOUR TURNING MOVEMENT MIDTOWN DELRAY (15) PM PEAK HOUR TURNING MOVEMENT 05 -666 C.C. 01 -15 -07 Fi-55-71 ADT DRIVEWAY VOLUME REVISED REVISED D5 -30 -07 06 -04 -07 REVISED 10 -22 -07 5601 CORPORATE WAY, SUITE 200, WEST PALM BEACH, FLORIDA 33407 TELEPHONE (561) 478 -7848 i PLANNING AND ZONING BOARD CITY OF DELRAY BEACH -- -STAFF REPORT - -- MEETING DATE: September 17, 2007 AGENDA ITEM: Iv. A- ITEM: Modification of Blood's Grove SAD (Special Activities District) Ordinance 51 -95, in conjunction with a new mixed -use development known as Midtown Delray containing 116 townhouse units (of which 32 units are subject to the family workforce housing ordinance) and 29,571 square feet of medical offices. GENERAL DATA: Owner / Applicant ....................... Midtown Delray, LLC Location ....... ............................... southwest comer of Linton Boulevard and Old Germantown Road t Property Size .............................. 9.861 acres t I I ) Existing FLUM ........................... TRN (Transitional) Proposed FLUM ......................... No Change Current Zoning ............................ SAD (Special Activities District) - Bloods Grove Proposed Zoning ........................ SAD (Special Activities District) - Midtown Delray i , " „” Adjacent Zoning ................North: RL (Multiple Family Residential - Low Density) East: OSR (Open Space Reserve) South: CF (Community Facilities) West: RM -8 (Multiple Family Residential - 8 units per acre) Existing Land Use ...................... Primarily Vacant Land with Vacated Industrial and Retail Structures Proposed Land Use .................... Mixed Use Development Water Service ......................... Existing on site via an 8" and 12" water main and several fire hydrants Sewer Service ........................ Existing on site via an existing 8" sewer main N Planning & Zoning Board Staff Report - Meeting of September 17, 2007 Midtown Delray —SAD Ordinance Page 1 Tii6 lriy',T I`3�r :.,iii`© The item before the Board is that of making a recommendation to the City Commission on a modification of the Blood's Grove SAD (Special Activities District) Ordinance 51 -95, in conjunction with a new mixed -use development known as Midtown Delray containing 116 townhouse units (of which 32 units are subject to the family workforce housing ordinance) and 29,571 square feet of medical offices to be located at the southwest corner of Linton Boulevard and Old Germantown Road (4600 Linton Boulevard). ]� y� j� 44�ki'Si1F��tAF ��' " £, ..'. • +e -i On April 18, 1994, the Planning and Zoning Board considered a Future Land Use Map Amendment (94 -1) for 94 acres (Bloods Grove) from County MR -5 to City designations of 40 acres MD (Medium Density), 40 acres LD (Low Density), 10 acres CC (Commercial Core), and 4 acres OS (Open Space). These proposed designations would have allowed a maximum of 680 units. The accompanying development plan proposed 250 apartments and 375 attached single family units (total of 625 units). The Planning and Zoning Board had concerns over the proposed intensity. The Board recommended the proposal be modified to 64 acres of Low Density, 16 acres of Medium Density, 10 acres of transitional, and 4 acres of Open Space. Under this scenario a maximum unit count of 519 units would have been allowed. The City Commission heard the request on May 17, 1994 and voted not to approve the amendment, citing concerns over the overall density of the proposal. On April 17, 1995, the Planning and Zoning Board considered a Future Land Use Map change for the same 94 acres from the County Land Use Map designation of MR -5 to City designations of approximately 51 acres of Low Density, 29 acres of Medium Density, 4 acres of Open Space, and 10 acres of Transitional. The zoning designations accompanying the FLUM amendment allow a maximum of 488 units and low intensity commercial uses. The FLUM amendment that was part of 95 -1 was recommended for approval. On May 2, 1995, the City Commission approved transmittal of the request to DCA. On July 17, 1995, the Planning and Zoning Board considered the related annexation and initial zoning of PRD -5 (Planned Residential Development), RM-8 (Residential Medium Density, 8 du /ac), OS (Open Space), and SAD (Special Activities District) for Bloods Hammock Groves. The proposed residential zoning categories (PRD -5 and RM -8) will allow residential development at maximum densities of 5 and 8 units per acre respectively. The open space designation accommodated an existing hammock environment which was to be preserved. Under the SAD zoning designation (subject property) the following specific uses were approve: • Thirty-three thousand and five hundred (35,500) sq. ft. of Citrus Packing House, related office and retail uses ( floral, fruit sales, gifts, and juice bar) subject to a maximum retail component of 10,700 sq. ft. • Additional retail sales such as convenience foods, household supplies, garden and lawn supplies, drugs and medicine, small appliance sales and repairs, baked goods, delicatessen goods, subject to a maximum of 5,000 sq. ft. of floor area allocated to a single retail use, or groups of retail uses not to exceed 20,000 sq. ft. maximum. • Provision of services such as: barber and beauty shop, dry cleaning limited to onsite processing for customer pick up only, dry cleaning and laundry pick stations, financing e.g. banks and similar institutions excluding drive - through facilities, laundromats limited to self service facilities, equipment rental, newsstands subject to the maximum area devoted to a single tenant for service uses not to exceed 2,000 sq. ft. in floor area and the floor area allocated to groups of service uses not to exceed 10,000 sq. ft. maximum. • Up to 7,500 sq. ft. of restaurant use excluding drive -in, drive- through facilities. Planning & Zoning Board Staff Report - Meeting of September 17, 2007 Midtown Delray— SAD Ordinance Page 2 • Professional, medical, and general business office uses, • Residential uses as allowed within the RM zoning district (maximum 12 units per acre). • A maximum floor area for the combined uses is not to exceed 65,000 sq. ft. On September 5, 1995, the City Commission approved the annexation and initial zoning of PRD -5 (Planned Residential Development), RM -8 (Residential Medium Density, 8 du /ac), OS (Open Space), and SAD (Special Activities District) for Bloods Hammock Groves (first reading). On September 19, 1995, the City Commission approved in second reading Ordinance 51 -95 which established the initial zoning classification for that parcel of land known as Blood's Grove Orchard. Development of all but the SAD portion (9.861 acres) has occurred. Pursuant to LDR Section 2.4.4(17)(2), more than 25% of the development has occurred and the overall plan including the SAD portion is considered vested. Now before the Board for action is a request for a modification of the Blood's Grove SAD (Special Activities District) Ordinance 51 -95, in conjunction with a new mixed -use development known as Midtown Delray containing 116 townhouse units (of which 32 units are subject to the family workforce housing ordinance) and 29,571 square feet of medical offices. fi>� REQUIRED FINDINGS (Chapter 3L: Pursuant to LDR Section 3.1.1 (Required Findings), prior to the 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, 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 following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated, and said zoning must be consistent with the land use designation as shown on the Future Land Use Map (FLUM). The subject property has a Future Land Use Map (FLUM) designation of TRN (Transitional) and a zoning designation of SAD (Special Activities District) which are consistent with one another. SAD Zoning is deemed consistent with any land use designation on the Future Land Use Map. The uses allowed within a specific SAD shall be consistent with the land use category shown on the Future Land Use Map. The uses, activities, and characteristics of a SAD are to be consistent with the Comprehensive Plan, suitable and compatible with surrounding existing developments, and with the proposed character of the area. This standard has been met. Pursuant to LDR Section 4.4.25(B)(1), all uses which are to be allowed in a particular SAD shall be established at the time of establishment of the SAD zoning designation through inclusion in the rezoning ordinance. Additional uses may be allowed after review and recommendation by the Planning and Zoning Board and approval by ordinance of the City Commission. The site plan depicts town house residential development and a medical office building. Modification of the existing SAD Ordinance to change the allowed uses to these uses (residential and medical office) is being processed as a rezoning application. These two uses are compatible with surrounding existing development and the residential character of the area. They are consistent with the adjacent development pattern to the south, east, and west of the subject property. Thus, positive findings can be made with respect to FLUM consistency. Planning & Zoning Board Staff Report - Meeting of September 17, 2007 Midtown Delray —SAD Ordinance Page 3 CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. As described in Appendix W, a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(D)(5) for the Rezoning request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective was found: Future Land Use Element Obiectfve A -1: Property shall be developed or redeveloped in a manner so that the future use and Intensity Is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. By practice and policy, the SAD (Special Activities District) zoning designation is deemed consistent with the underlying land use as shown on the Future Land Use Map (FLUM). The FLUM designation TRN (Transitional) appropriately reflects the proposed land use medical office in the northern portion of the site as a transition to the residential component to be located on the southern portion of the property. Along Linton Boulevard, a combination of commercial, residential, and community facility uses exist. The modification of the SAD (Special Activities District) to accommodate the residential and medical office component will not negatively impact the existing land uses in the area. Transportation Element Policy A -1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. Therefore, it is appropriate that a bus shelter easement be provided. A bus shelter easement along Linton Boulevard shall be provided and depicted on the site plan. In addition, a bus shelter shall be constructed according to specifications that will be provided by the City Engineer, and this shall be attached as a condition of approval in the site plan review and approval process. LDR SECTION 2.4.5(D)(5) - REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(13)(5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the rezoning will not: (a) Have a significantly detrimental effect upon the stability of the neighborhood within which It will be located; (b) Hinder development or redevelopment of nearby properties. Planning & Zoning Board Staff Report - Meeting of September 17, 2007 Midtown Delray - SAD Ordinance Page 4 The following table identifies the zoning designations and uses that are adjacent to the subject property: The development proposal will not hinder development or redevelopment of nearby properties. The existing adjacent land uses are fully developed and will not be negatively impacted by the proposed development. It should be noted that the current proposal is less intense than the prior approval which could include residential development at the proposed density at up to 12 units per acre and office, commercial and industrial uses (packing plant) development up to 65,000 sq. ft. The proposed development does pose traffic concerns which include conflicts with the Orchard View Elementary School traffic which utilizes the same primary access road (Park Access Road) to transgress to Linton Boulevard. The future residents will experience difficulty in entering and exiting the development between peak operating hours of the school. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application /request. LDR Section 4.3.4(x) Development Standards Matrix - Nonresidential Zoning Districts: The following table demonstrates that the proposal complies with LDR Section 4.3.4(K) and Section 4.4.25, as it pertains to the Special Activities District (SAD) zoning district requirements: i =ti Adjacent Zoning: Adjacent Land Uses: North RL (Multiple Family Residential - Low Shady Woods Medical Offices Density) 46' West RM -8 (Multiple Family Residential - 8 Hammock Reserve Perimeter Setback units per acre) 151-18, East CF (Community Facilities) and OSR Fire Station and Orchard View Park (Open Space Reserve) South CF (Community Facilities Orchard View Elementary School The development proposal will not hinder development or redevelopment of nearby properties. The existing adjacent land uses are fully developed and will not be negatively impacted by the proposed development. It should be noted that the current proposal is less intense than the prior approval which could include residential development at the proposed density at up to 12 units per acre and office, commercial and industrial uses (packing plant) development up to 65,000 sq. ft. The proposed development does pose traffic concerns which include conflicts with the Orchard View Elementary School traffic which utilizes the same primary access road (Park Access Road) to transgress to Linton Boulevard. The future residents will experience difficulty in entering and exiting the development between peak operating hours of the school. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application /request. LDR Section 4.3.4(x) Development Standards Matrix - Nonresidential Zoning Districts: The following table demonstrates that the proposal complies with LDR Section 4.3.4(K) and Section 4.4.25, as it pertains to the Special Activities District (SAD) zoning district requirements: i =ti . .: .. _ .1 s 02 rrM - : olff. Building Height: Residential Component 48' 31' -T' Medical Offices 48' 46' Open Space 25% 38.2% Perimeter Setback 15' 151-18, Minimum Residential Floor Area: The following table indicates that the proposal complies with LDR Section 4.3.4(K)[Minimum residential floor area]. There 10 two- bedroom residential units with a size 1,418 square feet, each and 104 three - bedroom residential units with a size 1,906 square feet. Based upon the above, this LDR requirement has been met. p7feeeav�tb RE FF. 0 Efficien 400 1 Bedroom Units 600 2 Bedroom Units 900 1,418 10 3 Bedroom Units 1,250 1,906 104 4 Bedroom Units 1,500 Planning & Zoning Board Staff Report - Meeting of September 17, 2007 Midtown Delray —SAD Ordinance Page 5 Special Landscape Setback Pursuant to 4.3.4(H)(6)(b)(4), Along Linton Boulevard, from A -1 -A to the western City limits, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'). The proposed development does not provide a 30' landscape setback along Linton Boulevard and a waiver to this requirement has been requested. Subdivision Plat: Pursuant to LDR Section 4.3.3(0)(2), each townhouse, or townhouse type development shall be platted with a minimum designation of the interior street as a tract. Thus, a subdivision plat is required. The plat must be recorded prior to issuance of any building permits, and this will be attached as a condition of approval in the site plan review and approval process. LDR Article 4.6 — Supplemental District Regulations Required Parking: Pursuant to LDR Section 4.6.9(C)(2)(c), the parking requirements for one, two and greater bedroom dwelling units within a multiple - family structure are to be provided as follows: Efficiency dwelling unit 1.0 spacelunit One bedroom dwelling unit 1.5 spaces/unit Two or more bedroom dwelling unit 2.0 spaces /unit Guest parking shall be provided cumulative) as follows: first 20 units 0.50 spaces/unit for units 21 -50 0.30 5 acestunit for units 51 and above 0.20 spaces/unit Two or more bedroom dwelling units shall provide two (2) spaces per unit and one -half (0.5) a space of guest parking per dwelling unit up to the first 20 units, 0.3 spaces per unit for units 21 -50, and 0.2 spaces per unit for units 51 -109. Thus, the one hundred and sixteen (116) unit development is required to provide two hundred and sixty three (263) total parking spaces for the residential component of the project. Pursuant to LDR Section 4.6.9(C)(4)(c), medical and dental offices, including clinics and mental health treatment facilities, shall provide five (5) spaces per 1,000 sq. ft. of gross floor area, thus, the medical office component of the project will require 148 parking spaces. A total of 411 parking spaces will be required for the proposed development. Within townhouse and townhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Pursuant LDR Section 4.6.9(C)(2)(d), guest parking spaces must be accessible to all visitors and guests and may be centralized or located near recreational features within a development project. The development proposal will provide a total of four hundred and sixty nine (472) parking spaces for the residential component of the project. Two hundred and eight (208) parking spaces are provided within 104 — two car garages and twelve (12) parking spaces are provided within 12 — one car garages. Two hundred and eight (208) guest parking spaces are provided within each driveway for the two car garage units, and eleven (11) guest parking spaces within the driveway for the one car garage units, and 33 additional parking spaces are provided as guest parking spaces along the interior street throughout the development. The medical office component of the project will provide 148 parking spaces. In summary, a total of 620 parking spaces are being provided (208 +208 +12 +11 +33 +148 =617) while 408 parking spaces are required. Therefore, this LDR requirement has been met. Planning & Zoning Board Staff Report - Meeting of September 17, 2007 Midtown Delray —SAD Ordinance Page 6 Handicapped Accessible Parkina: Pursuant to LDR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Accessibility for residential structures is covered by the Federal Fair Housing Act. Pursuant to this act, two percent (2 %) of the parking spaces serving the development must be handicapped accessible and accessible visitor spaces should be provided at a rate in accordance with the local code. Based upon the 148 parking spaces required for the medical office building, the development needs to provide a minimum of three (3) handicap accessible parking spaces and five (5) handicap accessible parking spaces have been provided. The Residential component is required to provide five handicap accessible parking spaces and five (5) handicap accessible parking spaces have been provided, thus this requirement has been met. Pursuant to LDR Section 4.6.5 and the Florida Accessibility Code for Building Construction, the height clearance of the handicap parking areas for the office component need to be nine and one -half feet (95) to allow the access of handicap vans. A note to this effect shall be placed on the site plan, and thus this will be attached as a condition of approval in the site plan review and approval process. Bicycle Parking: Pursuant to LDR Section 4.6.9(C) (1) (c) and Transportation Element Policy D -2.2 of the Comprehensive Plan, a bicycle parking facility shall be provided in close proximity to the pooVcabana recreational area and the tot lot, and thus, this will be attached as a condition of approval in the site plan review and approval process. Placing the bicycle parking facility at this location will provide a greater level of usability for residents and guests. It is anticipated that the occupants of the residential dwelling units will utilize their individual units for storage of their bicycles. Thus, upon addressing the condition of approval, this LDR requirement will be met. Liahtina The photometric plan and illumination levels submitted do not comply with LDR Section 4.6.8. The required foot candle illumination levels (1.0 Avg. Min. and 4.0 Max.) required by the City shall be maintained. For the proposed roadway currently the proposed average minimum is 0.81 F.C. and the code requires a average minimum of 1.0 F.C. For the parking areas the code requires a maximum of 4.0 F.C. and 7.79 F.C. are provided. The applicant shall revise the photometric plan to comply with the foot candle illumination standards required by the City, and thus, this will be attached as a condition of approval in the site plan review and approval process. LDR Section 4.6.16(D)(2)(b) Preservation and Promotion of Existing Plant Communities: The following table demonstrates that the proposal does not comply with Supplemental District Regulations LDR Section 4.6.16(D)(2)(b) as it pertains to landscaping requirements: Development Standard Required Provided 25% of the Open Space for the Upland Preserve 26% 1 18.62%* * The applicant is requesting a waiver to LDR Section 4.6.16(D)(2)(b) which requires 25% of the required 25% open space to be in the form of preserved natural plant communities. The LDR requirement calls for a 25% (26,8981107,593 x 100 = 25 916) of the required 25% open space to be in the form ofpreserved natural plant communities. In square footage, the applicant is providing 20,038 square feet of natural preserves and 26,898 sq. ft is required. The applicant is proposing to preserve 18.62% (20,0381107,593 x 100 = 18.62%). If the waiver to LDR Section 4.6.16(D)(2)(b) is approved, then this requirement will be satisfied. Planning & Zoning Board Staff Report - Meeting of September 17, 2007 Midtown Delray - SAD Ordinance Page 7 Sight Visibility Triangles: Pursuant to LDR Section 4.6.14, the 20' and 40' visibility triangles need to be noted at the intersections of driveways /rights -of -way and at the intersection of two public rights -of -way. The sight visibility triangles along Park Access Road have been incorrectly depicted in the site plan and landscape plan. Site visibility triangles shall be measured from the property line exclusive of any easements or right -of -way dedications. The site visibility triangles along Park Access Road, at the interception of Linton Boulevard and Park Access Road, and at the interception of Linton Boulevard and Orchard Lane be correctly depicted from the property line and thus, this will be attached as a condition of approval in the site plan review and approval process. Workforce Housino: The development proposes 116 townhouse units which equates to an overall density of 11.92 dwelling units per acre. The applicant has indicated that out of the proposed 116 townhouse units, thirty -two (32) will be workforce housing units for low to moderate income families. However, as a condition of approval in the site plan review and approval process, the location of the thirty -two workforce housing units shall be clearly identified on the site plan. Right - Of - Way: Pursuant to LDR Section 5.3.1(D) and Table T -1 of the Transportation Element of the Comprehensive Plan, the ultimate right -of -way width for Linton Boulevard is 120 and 106' currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions or require dedications in right -of -way width. The City Engineer and DSMG have reviewed this item and have determined that the current right -of -way width of 106' is sufficient for this section of Linton Boulevard. LDR Section 6.1.8 Undergrounding of Utilities: Pursuant to Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A note to this effect shall be included in the site plan. Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDR were previously discussed under the "Required Findings" section of this report. Compliance with the Land Development Regulations with respect to "Standards for Rezoning Actions and Rezoning Findings" are discussed below. Section 3.2.2 (Standards for Rezoning Actions): Standards "B ", "C ", and "E" are not applicable with respect to this rezoning request. An evaluation of the applicable standards is discussed below: Standard "A" requires that the most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, of Conservation shall be denied. The subject parcel proposed for development is identified as "stable" on the Residential Neighborhood Categorization Map. The current zoning is SAD and the request before the Board is to modify the uses to a less intense development. While an argument can be made that SAD is not a Planning 8 Zoning Board Staff Report - Meeting of September 17, 2007 Midtown Delray —SAD Ordinance Page 8 residential zoning district, it will allow residential uses consistent with the underlying TRN (Transitional) Future Land Use Map designation. Further, the request from SAD to SAD with modified and less intense uses are more consistent and compatible than the current vested development potential. Standard "D" requires that the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed, or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As discussed in the "Required Findings" section of this report regarding consistency as related to LDR Section 2.4.5(D)(5), the adjacent properties include Hammock Reserve to the west, a fire station and Orchard View Park to the east, Orchard View Elementary School to the south and Shady Woods low density multiple family development to the north. The proposed uses (medical office and multifamily residential) are not incompatible with adjacent land uses. MIT ICF ��6'L�J�6 _ F4 v, i d ..v...: -. _... ...::: ....:..: , . 3 .,. The proposed amendment to SAD rezoning Ordinance 51 -95 for Midtown Delray includes the following five (5) waiver requests: 1. A waiver to provide relief from the required fifty feet (50') of stacking along Park Access Road at the Office Building parking lot entrance [LDR Section 4.6.9 (D)(3)(c)(1)]; 2. A waiver to reduce the required roadway pavement width from 24 feet to 20 feet [LDR Section 6.1.2(C)(3)(a)]; 3. A waiver to reduce to 18.62% the required 25% of the required 25% open space to be in the form of preserved natural plant communities when natural plant communities occur on land which is to be developed [LDR Section 4.6.16(D)(2)(b)]; 4. A waiver to provide a sidewalk on one side of the street instead of the required sidewalks on both side of the street [LDR Section 6:13(D)(1)(b)]; and, 5. A waiver to provide relief from the required thirty foot (30') landscape buffer along Linton Boulevard [LDR Section 4.3.4.(H)(6)(b)(4)]. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Analysis of Waiver #1: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), provisions must be made for stacking and transition of incoming traffic from a public street, such that traffic may not backup into the public street system. The minimum distance between a right -of -way and the first parking space or aisle way in a parking lot shall be as outlined in the following table: Planning & Zoning Board Staff Report - Meeting of September 17, 2007 Midtown Delray —SAD Ordinance Page 9 feet Ali The minimum distance between a right -of -way and first parking space or aisle way in a parking lot that contains 51 or more spaces on any street is five feet (50'). The proposed development provides forty -eight feet (48') of stacking along Park Access Road at the Office Building parking lot entrance. Thus, this requirement has not been met. The applicant has provided the following justification statement regarding the waiver request: "This waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation or result in a grant of a special privilege to our client. The granting of such a waiver would be in -line with the neighboring area and other projects that have requested a waiver to the stacking distance. Similarly, the stacking provided is clearly adequate for vehicles to enter the site without obstructing the flow of traffic, especially since there are only a couple of spaces within this stacking requirement. Due to the location of the project, the waiver to reduce the stacking distances should be supported. Similar circumstances on other properties would lead to the same conclusion and in fact, as mentioned, similar waivers have been granted. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5) Waiver Findings, can be made. This waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and /or result in the grant of a special privilege to our client. The requirements of the LDR Section are not feasible and would constitute a hardship. Similar circumstances on other properties would lead to the same conclusion. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5) Waiver Findings, can be made." Therefore, sufficient on site stacking is provided so as not to affect the neighboring areas or create an unsafe situation. Granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege as similar waivers have been granted to other projects on similar basis. Consequently, positive findings can be made in the reduction of the stacking distance requirement along Park Access Road at the Office Building parking lot entrance from 50' to 48' with respect to LDR Section 2.4.7(B) (5). Analysis of Waiver #2: Pursuant to LDR 6.1 -2 (C)(3)(a), the minimum roadway pavement width Is twenty four (24) feet. Plans indicate that the roadway width is reduced to 20' as opposed to the required 24'. Pursuant to LDR Section 6.1.2(C)(3)(c), upon the recommendation of the City Engineer, and with the approval of the Fire Marshal, the City Commission may authorize a reduction in the minimum required width of paving if it is determined that the requirements of this subsection would not be Planning & Zoning Board Staff Report - Meeting of September 17, 2007 Midtown Delray —SAD Ordinance Page 10 feasible or would constitute a hardship in a particular instance and provided this reduction would not endanger public safety and welfare. The applicant has provided the following justification statement regarding the waiver request: "This waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and/or result in the grant of a special privilege to our client. The requirements of this LDR Section are not feasible and would constitute a hardship. This reduction would not endanger the public safety and /or welfare. The narrower streets will require vehicles to travel at lesser speeds, which will actually create a safer environment. Similar circumstances on other properties would lead to the same conclusion and in fact, similar waivers have been granted on numerous projects. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5) Waiver Findings, can be made. " The development proposal provides a 20 foot wide street with two feet of valley gutter on both side of the pavement. The City Engineer and Fire Marshal have previously supported reductions that have been granted to the standard aisle width for other townhouse projects such as Atlantic Palm, Atlantic Grove, Gramercy Square, Banyan Village, Highland Grove Estates, and Legacy at Sherwood Forest. In this particular request, the two foot valley gutter on either side of the road will provide sufficient area for large emergency vehicles to navigate the road. The reduction can be supported subject to the condition that the Home Owner's Association documents contain a prohibition on the parking of vehicles within the street access tracts. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5) can be made and a recommendation of approval should be presented to the City Commission for this waiver request. Analysis of Waiver #3: Pursuant to LDR Section 4.6.16 (D)(2)(b), a portion of native communities are to remain for preservation and promotion of existing plant communities when natural plant communities occur on a parcel of land which is to be developed. At least twenty -five (25 %) of the required open space must be in the form of preserved natural plant communities. The applicant is requesting a waiver to LDR Section 4.6.16(D)(2)(b) which requires 25% of the required 25% open space to be in the form of preserved natural plant communities. In square footage, the applicant is providing 20,038 square feet of natural preserves and 26,898 sq. ft. is required. The applicant is proposing to preserve 18.62% (20,038/107,593 x 100 = 18.62 %). The LDR requirement calls for a 25% (26,898/107,593 x 100 = 25 %) of the required 25% open space to be in the form of preserved natural plant communities. The applicant has provided the following justification statement regarding the waiver request: "The waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and /or result in the grant of a special privilege to our client. The requirements of the this LDR Section are not feasible and would constitute a hardship. Between the office and residential parcels is a 0.29 acre Cabbage Palm Preserve The preserve area will offer an open space amenity for the community at large. The project will relocate a total of three hundred and seventy three (373) existing trees on site. The project exceeds the quantity of required trees. For the one hundred fifty one (151) Planning & Zoning Board Staff Report - Meeting of September 17, 2007 Midtown Delray - SAD Ordinance Page 11 required interior trees, an additional sixty (60) trees are proposed, and for the ninety (90) required perimeter trees, an additional one hundred sixty two (162) trees are proposed. Twenty five percent (25 %) of the required project shrubs are to be native species; however, ninety five percent (95%) of the provided species are native. One hundred eleven (I 11) native trees are required, and this project provided a total of four hundred six (406) native trees. This project helps preserve the existing projects trees and paims while helping to reestablish the existing character of the neighborhood " Pursuant to the Comprehensive Plan Open Space and Recreation Element, Objective B -2, natural areas which provide relief from the urban fabric, provide a glimpse of the natural environment of South Florida, provide a natural laboratory for exploration of the area's history, and provide for a balance between the natural and man -made environment shall be preserved. The removal of large specimen trees and a massive wooded area along the 'Park Access Road" and the entry onto Old Germantown Road from Linton Boulevard will adversely affect the neighboring area since it will change the character of the neighborhood. Pursuant to LDR Section 4.6.19 (13)(1)(2), all existing native plant communities on sites proposed for development shall be preserved where possible through their incorporation in the required open space. Only a portion of the natural areas are proposed for preservation. Exceptional specimen trees greater than 24" in diameter shall be preserved in 'location' . Trees shall be relocated on site if saving them in place is not an option. There are 21 native Ficus aurea trees on the site and none of them are being 'saved in location'. Several of the specimen trees identified as 'in good condition' will be removed as a result of the middle entry into the property. The relocation of large trees in such limited space is not necessarily feasible since the trees have no large area to be relocated to where their roots can grow and anchor the trees. Granting this waiver request would appear to disregard this LDR requirement. Every property is unique with respect to natural areas and each application must be reviewed in context. The granting of this waiver request can potentially set a precedent for other developments in the City. Granting the requested waiver would result in the grant of special privilege in that the same waiver would not be granted under similar circumstances on other property for another applicant or owner. If the applicant is granted the reduction in the required preservation areas from 25% (26,898 sq. ft.) to 18.62% (20,038 sq. ft.) it will be 6.38% (6,860 sq. ft.) less than the requirement. Therefore, positive findings can not be made with respect to LDR Section 2.4.7(8) (5) and a recommendation of denial should be presented to the City Commission for this waiver request. Analysis of Waiver #4: Pursuant to LDR Section LDR Section 6.1.3 (D)(1)(b), where it is clear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of a street may be reduced to installation of a sidewalk along only one side of the street, during the site plan or plat process, as appropriate. Pursuant to LDR Section 6.1.3 (D)(1)(b), where it is clear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of the street may be reduced to installation of a sidewalk only along one side of the street. The primary purpose of sidewalks is to provide a safe place for pedestrian to travel. Generally, sidewalks are required along both sides of all streets. However, due to the very limited width and pronounced depth of the site some design limitations are present in the proposed development. The width of the site provides a limited area to: a) place the buildings on the site; b) to accommodate the interior street; c) to provide a 5' wide Planning & Zoning Board Staff Report - Meeting of September 17, 2007 Midtown Delray —SAD Ordinance Page 12 sidewalk on both side of the street; d) to comply with the setbacks required; and e) not to disturb the existing woodland area. The applicant has provided the following justification statement regarding the waiver request: "This waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and/or result in the grant of a special privilege to our client. The requirements of this LDR section are not feasible and would constitute a hardship. Pursuant to LDR Section 6.1.3(D)(1)(b), a waiver to have a sidewalk on only one side of the street is appropriate in certain instances, such as this. In fact, LDR Section 6.1.3(A) merely states that "generally sidewalks are required to be on both sides of the street ". Since the internal sidewalk connects to the park access road via a crosswalk and small sidewalk, there will be connectivity to the park. Similar circumstances on other properties would lead to the same conclusion and in fact, similar waivers have been granted. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5) Waiver Findings, can be made." The proposed development has been designed with a looped interior street; various traffic calming devices consisting of raised crosswalks, one of them adjacent to the recreation area and at different locations along the interior street have been provided. Therefore, to provide a 5' wide sidewalk on one side of the street should not impact the safety of pedestrian travel. Similar waivers have been previously granted for other townhouse projects in the City such as Gramercy Square (148 townhouse units), and Highland Grove Estates (14 townhouse units). Granting the requested waiver will not create an unsafe situation, diminish the provision of public facilities, or adversely affect the neighboring area. Therefore, positive findings with respect to LDR Section 2.4.7(B) (5) can be made and a recommendation of approval should be forwarded to the City Commission. Analysis of Waiver #5: Pursuant to LDR Section 4.3.4.(H)(6)(b)(4), along Linton Boulevard, from A-1 -A to the western City limits, a special landscape area shall be provided. The landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (109. The development proposed a thirty -foot (30') landscape buffer from the Linton Boulevard right -of -way line. However, due to the Lake Worth Drainage District (LWDD) easement, the property line is set back an additional eighty foot (80') from the Linton Boulevard right -of -way line. To comply, the site would be subject to a one hundred and ten foot (110') minimum landscape setback from Linton Boulevard. The applicant has provided the following justification statement regarding the waiver request: "This waiver request is for a 14 foot waiver from the required 30 foot special landscape buffer along Linton Boulevard. We meet or exceed the requirements of LDR Section 2.4.7(B) (5) for this waiver request. We are requesting a 14ft. reduction in the required 30ft. landscape buffer in order to dedicate a 14ft. easement for the Linton Blvd. ultimate ROW of 120'. We have been approved by LWDD to enter into a PPP (Piping, Parking, and Paving) agreement, which allows us to pipe and fill the canal and pave over it. The 14ft. easement will be Planning & Zoning Board Staff Report - Meeting of September 17, 2007 Midtown Delray —SAD Ordinance Page 13 primarily sod and anything else placed within the easement will be subject to a removal agreement. Thus, unless the easement is actually used to increase the ROW, the required landscape buffer will actually exist. However, the opportunity to increase the width of the ROW has now been provided. This waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and/or result in the grant of a special privilege to our client. The requirements of this LDR Section are not feasible and would constitute a hardship. Similar circumstances on other properties would lead to the same conclusion and in fact, similar waivers have been granted on numerous projects. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5) Waiver Findings, can be made." Since the intent of this LDR standard has been met by the provision of a thirty foot (30') landscape setback area from Linton Boulevard, this waiver can be supported. Therefore, positive findings with respect to LDR Section 2.4.7(B) (5) can be made and a recommendation of approval should be forwarded to the City Commission. i y7 3 .,.m0 aAS,}I"`$+' The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or CRA (Community Redevelopment Agency). Courtesy Notices: A special courtesy notice was provided to the following homeowners and /or civic organizations: • Neighborhood Advisory Council • Verona Woods • Hammock Reserve 0 Rabbit Hollow • Shady Woods • Andover • Spanish Wells • Crosswinds • Fox Chase • Abbey Delray South • Oakmont Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. Public Notices: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and /or support, if any, will be presented at the Planning and Zoning Board meeting. :- r - ..e , .r ; 5? L The development proposal includes the construction one hundred and sixteen (116) unit townhouse development with 29,571 sq. ft. of medical offices. Five (5) waivers have been requested and are recommended for approval or denial as indicated below: Planning & Zoning Board Staff Report - Meeting of September 17, 2007 Midtown Delray —SAD Ordinance Page 14 A waiver to provide relief from the required fifty feet (50') of stacking along Park Access Road at the Office Building parking lot entrance [LDR Section 4.6.9 (D)(3)(c)(1)], is recommended for approval. 2. A waiver to reduce the required roadway pavement width from 24 feet to 20 feet [LDR Section 6.1.2(C)(3)(a)], is recommended for approval; 3. A waiver to reduce to 18.62% the required 25% of the required 25% open space to be in the form of preserved natural plant communities when natural plant communities occur on land which is to be developed [LDR Section 4.6.16(D)(2)(b)], is recommended for denial; 4. A waiver to provide a sidewalk on one side of the street instead of the required sidewalks on both side of the street [LDR Section 6.1.3(D)(1)(b)], is recommended for approval; and, 5. A waiver to provide relief from the required thirty foot (30') landscape buffer along Linton Boulevard [LDR Section 4.3.4.(H)(6)(b)(4)], is recommended for approval. Positive findings can be made with respect to 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), LDR Section 4.7 (Workforce Housing) and the Goals, Objectives, and Policies of the Comprehensive Plan, upon addressing the recommended conditions of approval. Therefore, rezoning the subject property to modify the existing SAD Ordinance 51 -95 zoning is recommended for approval, based on the findings outlined herein. 1 . _ A. Move a recommendation of approval to the City Commission for the SAD rezoning amending Blood's Grove Ordinance 51 -95 for the subject property, and denial or approval of specific waivers as noted above, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1, and 4.7 (Workforce Housing) of the Land Development Regulations. B. Move a recommendation of denial to the City Commission for the SAD rezoning amending Blood's Grove Ordinance 51 -95 for the subject property, and denial or approval of specific waivers as noted above, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1, and 4.7 (Workforce Housing) of the Land Development Regulations. C. Move to postpone and continue the waiver requests and SAD rezoning amending Blood's Grove Ordinance 51 -95 for the subject property for the subject property with direction. By Separate Motions: Rezoning Staff recommends that the Planning and Zoning Board moves to recommend approval to the City Commission for the SAD rezoning amending Blood's Grove Ordinance 51 -95 for the subject property Planning & Zoning Board Staff Report - Meeting of September 17, 2007 Midtown Delray —SAD Ordinance Page 15 for, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1 and 4.7 (Workforce Housing) of the Land Development Regulations. Waiver #f: Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 4.6.9 (D)(3)(c)(1) to allow forty -eight feet (48') of stacking instead of the required fifty feet (50') of stacking along Park Access Road at the Office Building parking lot entrance, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5) of the Land Development Regulations. Waiver #2: Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 6.1.2(C)(3)(a) to reduce the minimum pavement width of the interior roadway from 24 feet to 20 feet, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5) of the Land Development Regulations. Waiver #3: Move a recommendation of denial to the City Commission of the request for waiver to LDR Section 4.6.16 (D) (2) (b) to reduce to 18.62% the required 25% of the required 25% open space to be in the form of preserved natural plant communities when natural plant communities occur on land which is to be developed, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.7(B)(5) of the Land Development Regulations. Waiver #4: Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 6.1.3 (D)(1)(b) to provide a sidewalk on one side of the street instead of the required sidewalks on both side of the street, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5) of the Land Development Regulations. Waiver #5: Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 4.3.4.(H)(6)(b)(4) to provide relief from the required thirty foot (30') landscape buffer along Linton Boulevard, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5) of the Land Development Regulations. Attachments: • Location Map • Zoning District Map, • Project Plans • Letters of Objection • Proposed Ordinance #46 -07 Planning & Zoning Board Staff Report - Meeting of September 17, 2007 Midtown Delray —SAD Ordinance Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and /or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: The site is already served by water and sewer service. Municipal water service is available via connection of an 8" water main which traverses the site from south to north and is connected to a 12 inch water main located along Park Access Road (Old Germantown Road). Fire protection is to be provided by various fire hydrants strategically located at 400 feet spacing throughout the development. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build -out population based on the current FLUM. Thus, a positive finding with respect to this level of service standard can be made. Sewer service is available to the site via an existing 8" sewer main which traverses the site from south to north and is connected to an existing 8" sewer main located along Orchard Lane. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build -out. Streets and Traffic: The subject property is located at northeast corner of Linton Boulevard and Old Germantown Road, approximately 1,950' east of Military Trail (4600 Linton Boulevard). According to the traffic study, the proposed development would generate 127 A.M. and 163 P.M. peak hour trips, with 1,813 Average Daily Trip (ADT). A copy of the submitted traffic study has been transmitted to the Palm Beach County Traffic Division for review. A letter from the Palm Beach County Traffic Division stating that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance must be received prior to site plan certification. It is anticipated that the proposal will meet traffic concurrency standards, however, turn lane improvements or traffic light modifications may be required at Linton Boulevard. Based upon the above condition of approval being addressed, a positive finding with respect to traffic concurrency can be made. Parks and Open Space: The proposed 116 residential dwelling units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, 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. A total fee of $58,000 will be required of this development for parks and recreation purposes prior to issuance of a building permit and it is attached as a condition of approval. Solid Waste: The proposed 116 residential units will generate 60.32 tons of solid waste per year (116 units x 0.52 tons = 60.32 tons). The medical office component of the proposed development will generate 68.01 tons of solid waste per year (29,571 sq. ft. x 4.6 tons = 136,026.6 / 2000 = 68.01 tons). The solid Planning & Zoning Board Staff Report - Meeting of September 17, 2007 Midtown Delray —SAD Ordinance Page 17 waste that would be generated can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2024. Drainage will be accommodated on site via an on -site retention lake. There should be no impact on drainage as it relates to this level of service standard. There appears to be no problems anticipated in accommodating on -site drainage; however, the Engineering Department does have technical comments regarding drainage that will need to be addressed before issuance of a building permit. Based upon the above, positive findings with respect to this level of service standard can be made. Schools: The Palm Beach County School District has approved the development proposal with respect to compliance with the adopted Level of Service for School Concurrency. Page 1 of 1 Breto, Estelio From: McDonnell, Mark Sent: Friday, October 19, 2007 10:50 AM To: Breto, Estelio Subject: FW: Midtown From: Stephen Goss (mailto:] Sent: Thursday, October 18, 2007 8:12 PM To: Subject: To: The Mayor Vice Mayor Deputy Vice Mayor City Commissioners City Attorney City of Delray Beach I attended Tuesday's city commission meeting during which the Blood's Hammock/Ascot project was discussed. A few comments: 1: To my knowledge Ascot have never discussed the project with any of the neighboring communities affected (I am President of our HOA and have never been contacted). Why not? 2:Clearly city commission members are in possession of information not given to neighboring communities. Prior to the commission members entering the chamber the lawyer for Ascot placed papers on each commissioner's desk, a courtesy not extended to others. A commission member mentioned "meetings with Ascot" at which neighboring communities were not present. Could this be considered one sided? 3: The plat projected on the wall throughout the session did not show the present road system south of German Town Road at it's western end and leading to the school. 4:Contrary to what was stated by a city commissioner there are NO 3 or 5 story buildings anywhere in the area under discussion ( look at the plat). There is a 1400 foot tower in Chicago, but this is hardly relevant. The commissioner was referring, possibly, to apartments roughly a mile away which back on to Germantown Road but their access is on Linton or Congress with their own dedicated access NOT on German Town Road. It is deceptive, at least, to mix apples with pears. 5: What is clear is that there is a rush to push through a project that is excessively dense, out of keeping with the surrounding neighborhoods, has a highly detrimental effect on the immediate neighbors and where realistic traffic concerns have not been addressed. The time frame now in process (November 6 for next meeting) is patently unfair to the objectors who were never consulted and have not been privy to numerous( ?) meetings with city officials and commission members. This is NOT the way to proceed in a democracy. Stephen Goss 16373 Bridlewood Circle Delray Beach scgoss@hotmail.com I nn dnnm Honorable Mayor Rita Ellis City Hall 100 NW 1s Avenue Delray Beach, FL 33444 Subject: Opposition to Midtown Delray Development Honorable Mayor Rita Ellis, e,c: P4`z 3807 Arelia Drive North Delray Beach, FL 33445 -5742 October 4, 2007 OCT -8 20117 CITY We live within the development of Shadywoods, which is located on Linton Boulevard that is directly across from the planned Midtown Delray Development project. As residents, homeowner, and voters for six (6) years, we have a long - standing major interest in maintaining the character and value of our home, which the intended 3 story high town homes and medical building will certainly destroy. Furthermore, our community of Shadywoods already faces severe traffic difficulties with the many u- turning traffic, all within a 1/2 mile, which will only be worsen with the enormous density of another 116 homes and yet another medical facility. We are strongiv opposed to the Midtown Delray Development project. It is too dense buildings are too high• and will create additional traffic problems on Linton Boulevard. Thank you for your time. Very truly yours, La ence J. Dion, Sr. i OT WI _ IY E1V9 OCT 10 2007 Mayor Rita Ellis 100 NW V Avenue Delray Beach, Florida 33444 Mayor Ellis: 4978 Garden Drive Delray Beach, Florida 33445 Tuesday, October 09, 2007 I'm writing today regarding the planned develop by Ascot of a three -story medical building and a throe -story multi -unit town home facility on the former Blood's Orchard property on the comer of Linton Blvd. and Old Germantown Road. This would be a disaster to the surrounding communities at the Hammock Reserve, Orchard view Elementary School and the developments along Old Germantown Road should this "eyesore" of a project be approved. I know I'm speaking for many others when 1 say we highly disapprove of this project going forward. The Increased volume of traffic, especially In the mornings and afternoon during school hours shows the city is "clueless" when it comes to planning. The property isn't even zoned for the project and the fact that zoning needs to be changed speaks for itself. Other areas In Delray Beach should be considered where the new project would fit In better with the surrounding area. There Is a huge parcel of land on Linton Blvd. where the old Costco store used to be before moving to Congress Avenue. Put the greed aside and make an extension to the small park that already exists next to the school. Robert M. Rivell Hammock Reserve Resident James and Karin Castryck 3917 Arelia Dr. S. Delray Beach, FL 33445 October 5`s, 2007 Major Rita Ellis City Hall 100 NW I" Ave Delray Beach, FL 33444 SubjocC:9pposition to Midtown Delray Development Dear Major: OCT 10 2007 COMMISSION C''Piz I live within the development of Shadywoods, which is located on Linton Blvd. directly across from the planned Midtown Delray project. As a resident and homeowner for 6 months, I have a long - standing major interest in maintaining the character and value of my home, which the intended 3 -story town homes and medical building will certainly destroy. Furthermore, our community of Shadywoods already faces severe traffic difficulties with the many u- turning and cross turning traffic, all within a'' /z mile, which will only worsen with the enormous density of another 116 homes and yet another medical facility. I am strongly opposed to this construction. It is too dense and the buildings too high. Very truly yours, r Karin Castryck OCT -9 2007 October 5, 2007 City Hall 100 N.W. 1st Avenue Delray Beach, F1. 33444 Subject: opposition to Midtown Delray Development �'Dpeer^, Dear %97ov Shy I live within the development of Shadywoods, which is located on Linton.Blvd directly across from the planned Midtown Delray project. As a homeowner for 27 years, I have a long - standing major interest.in maintaining the character and value of my home, which the intended 3 -story high town homes and medical building will certainly destroy. Furthermore, our community of 5hadywoods already faces severe traffic diff- iculties with the many u- turning traffic, all within a.'h mile, which will only worsen with the enormous density of another 116 homes and yet another medical facility. I am strongly opposed to this construction. It is too dense and the buildings too high. Very truly yours, yw_� A. j��rec� John A. Faturos 3671 Arelia Drive W. Delray.Beach, Florida 33445 Suggested Letter to City Commissioners: OCT -9 2pp7 CITY COMMISSION . ewe � lucyDavia j 41786 paten Forest br. S DelrayReachr 33445 Z. (Name of Commissioner or Mayor to whom writing) City Hall 100 N.W. l.st Avenue Delray Beach, FL 33444 Subject: Opposition to Midtown Delray Development Dear (Commissioner or Mayor): I live within the development of Shadywoods, which is located on Linton Blvd directly across from the planned Midtown Delray project. As a resident and homeowner for (include the number of years), I have a long- standing major interest in maintaining the character and value of my home, which the intended 3 -st0ry high town homes and medical building will certainly destroy. Furthermore, our community of Shadywoods already faces severe traffic difficulties with the many u- turning and cross turning traffic, all within a % mile, which will only worsen with the enormous density of another 116 homes and yet another medical facility. I am strorygly opposed to &a construction. It is too dense and the buildings too high. 9� c;47 �-' Owe & Lucy Davis _. Ll4086 Palm Forest Dr. S DehayHeach,FL 33445 OCT -9 207 October 4, 2007 I!, r-, P �7-- Mayor, Rita Ellis Vice President, Fred Fetzer Deputy Vice - Mayor, Brenda Montague Commissioner, Gary Eliopoulos Commissioner, Woodie McDuffie City Hall 100 NW 1 °f Avenue Delray Beach, FL 33444 Subject: Opposition to Midtown Delray Development Dear Mayor, Vice President, Deputy Vice-Mayor and Commissioners: I live within the development of Shadywoods, which is located on Linton Boulevard directly across from the planned Midtown Delray project. As a resident and homeowner for almost 7 years, I have a long- standing major interest in maintaining the character and value of my home, which the intended 3 -story high townhomes and medical building will certainly destroy. Furthermore,, our community of Shadywoods already faces severe traffic difficulties with the many u- tuming and cross turning traffic, all within a %v mile, which will only worsen with the enormous density of another 116 homes and yet another medical facility. I am strongly opposed to this construction. It is too dense and the buildings too high. tr ours, Dante Coco 4237 Palm Forest Drive South Delray Beach, FL 33445 AD.Jus F 3730 AreCia Drive South Q 007 Delray Beach, y[orida 33445 561-495-8530 ^mj f -mmumc OCTOBER 4, 2007 p MAYOR RITA ELLIS CG ;I Z CITY HALL 100 N.W. 1st AVENUE DELRAY BEACH, FL 33444 SUBJECT: OPPOSITION TO MIDTOWN DELRAY DEVELOPMENT DEAR MAYOR: I LIVE WITHIN THE DEVELOPMENT OF SHADYWOODS, WHICH IS LOCATED ON LINTON BLVD. DIRECTLY ACROSS FROM THE PLANNED MIDTOWN DELRAY PROJECT. AS A RESIDENT AND HOMEOWNER FOR SI %TEEN YEARS, I HAVE A LONG- STANDING MAJOR INTEREST IN MAINTAINING THE CHARACTER AND VALUE OF MY HOME, WHICH THE INTENDED 3 -STORY HIGH TOWN HOMES AND MEDICAL BUILDING WILL CERTAINLY DESTROY. FURTHERMORE, OUR COMMUNITY OF SHADYWOODS ALREADY FACES SEVERE TRAFFIC DIFFICULTIES WITH THE MANY U- TURNING AND CROSS TURNING TRAFFIC, ALL WITHIN A HALF MILE, WHICH WILL ONLY WORSEN WITH THE ENORMOUS DENSITY OF ANOTHER 116 HOMES AND:YET ANOTHER MEDICAL FACILITY. I AM STRONGLY OPPOSED TO THIS CONSTRUCTION. IT IS TOO DENSE AND THE BUILDINGS TOO HIGH. VERY TRULY YOURS, ff . � �: �7_ADAMS RESTIVO 3694 ARELIA DRIVE S. DELRAY BEACH, FL 33445 (561) 499 =8549 OCTOBER 4,2007 MAYOR RITA ELLIS CITY HALL 100 N.W. Ist AVENUE DELRAY BEACH, FL 33444 SUBJECT: OPPOSITION TO MIDTOWN DELRAY DEVELOPMENT DEAR MAYOR: I LIVE WITHIN THE DEVELOPMENT OF SHADYWOODS, WHICH IS LOCATED ON LINTON BLVD. DIRECTLY ACROSS FROM THE PLANNED MIDTOWN DELRAY PROJECT. AS A RESIDENT AND HOMEOWNER FOR FIFTEEN YEARS, I HAVE A LONG- STANDING MAJOR INTEREST IN MAINTAINING THE CHARACTER AND VALUE OF MY HOME, WHICH THE INTENDED 3 -STORY HIGH TOWN HOMES AND MEDICAL BUILDING WILL CERTAINLY DESTROY. FURTHERMORE, OUR COMMUNITY OF SHADYWOODS ALREADY FACES SEVERE TRAFFIC DIFFICULTIES WITH THE MANY U- TURNING AND CROSS TURNING TRAFFIC, ALL WITHIN A HALF MILE, WEICH WILL ONLY WORSEN WITH THE ENORMOUS DENSITY OF ANOTHER 116 HOMES AND YET ANOTHER MEDICAL FACILITY. I AM STRONGLY OPPOSED TO THIS CONSTRUCTION. IT IS T00 DENSE AND THE BUILDINGS T00 HIGH. VERY TRULY YOURS, EUGE RESTIVO OCT - 9 2007 ��P�Z From: Robert Sengberg [robert@sengberg.com) Sent: Thursday, October 04, 2007 9:53 PM To: Dorling, Paul Cc: Ellis, Rita; Eliopoulos, Gary; Fetzer, Fred; MCDuffie, Woodie; montegue@mydelraybeach.com; CityAttomey@MyDelrayBeach.com Subject: Re: PROPOSED DEVELOPMENT ON BLOOD'S GROVE SITE MR. PAUL DORLING, DIRECTOR CITY OF DELRAY BEACH PLANNING AND ZONING DEPARTMENT 100 Northwest 1st Avenue Delray Beach, Florida 33444 dorlinc (rDmvdelravbeach.com PROPOSED DEVELOPMENT ON BLOODOS GROVE SITE BY ASCOT DEVELOPMENT TITLED MIDTOWN DELRAY - Delray Beach Planning File #2007 -165 and 2007 -166 As a resident of the Andover Community, I believe it is critical that I share my concerns about the development of Blood's Grove site. I'm respectfully disappointed on how this project is being expedited and how decisions are being made without a complete investigation on the standing of several issues against existing ordinances. From a resident perspective, it appears that the builder is using the argument of a time sensitive $5 million state grant to provide 32 Community Workforce Housing to roll over the proper diligence on the project and receive special treatment. The following issues need to receive serious considerations: 1. As per Ordinance (51 -95) the maximum number of units permitted at the site was not to exceed 680 units in the entire Blood's grove site. Currently there are already 677 units on the site (404 at Citation and 273 at Hammock Reserve). This project intends to add 116 units to this parcel. The math does not seem to add up. 2. Asper Ordinance (51 -95) the maximum density permitted at this site was not to exceed 8 units per acre. The proposed project has 116 units on a 6.27 acres area resulting on a density of 18.5 units per acre. 2.31 times the limit. Again, the math does not seem to add up. 3. As per Ordinance (51 -95) the maximum floor area of SAD Parcel 5 was limited to 65,000 square feet. The proposed project is for 212,404 square feet for residential use and additional 29,571 square feet for commercial use. That totals to 241,975 sq. ft. or 3.7 times the limit. 4. As per Ordinance 42 -95 the SAD component was indicated as 4 DU. The proposed project has 17 3 story buildings, plus a recreation center and a Medical office. Additionally, 5. This is a too dense complex with 3 story high buildings that doesn't go in line with the surrounding neighborhoods. 6. This project will create additional traffic constraints on the already congested Old Germantown road. Although the traffic study presented at the September 17th meeting indicates traffic will not increase on Old Germantown Road, I'm not sure there is a resident (from Old Germantown Road) who believes these results are even close to being valid. 7. The execution of this project will result in the loss of 373 grown trees from the area. With all the energies and publicity spent on ways to save our environment, destroying the beauty of the Blood's site would be a loss not only to our area but to the City of Delray. Therefore; I respectfully ask you to allow the proper time for the complete understanding of all the implications of this project to the immediate neighborhood and to analyze if this project is really suited for this location. The goal is to have a project that is beneficial to the entire community or not just to the builder. This proposed site is not the best location for such a dense project. The quaint design of Old Germantown road is a far cry from the proposed "mid -town" development. Your response is very much appreciated. Robert Sengberg 2551 Hampton Cir N Delray Beach, FL 33445 CC: Rita Ellis, Mayor, City of Delray Beach ritaellis(Qmydelraybeach.com Gary Eliopoulos, Commissioner, City of Delray Beach, goe aamvdelravbeach.com Fred Fetzer, Vice Mayor, City of Delray Beach, fetzeraa.mydelraybeach.com Woodie McDuffie, Commissioner, City of Delray Beach, wmcduffieComydelravbeach.com Brenda Montague, Deputy Vice Mayor, City of Delray Beach, monteauerc- mydelraybeach.com Susan A. Ruby, Esq. , City Attorney, City of Delray Beach CityAttorney(dMyDelrayBeach.com Dear Mr. Glotzbach, Thank you for your e-mail. I want to answer some of the concerns expressed in your email. With respect to #1 in your a mail ... in my review of Ordinance 51 -95 1 found no reference to (680) total number of units allowed, Further the 404 units referenced for Citation Club were never part of the property referenced in Ordinance #51 -95. Therefore the maximum number of units constructed to date on the Bloods property are those within the Hammock Reserve development (273 as noted in your letter). With respect to #2 in your a mail ... Ordinance 51 -95 does not limit the SAD parcel to a maximum density of 8 units per acre. This 8 units per acre maximum refers to 28.29 acres which comprise the northern portion of the existing Hammock Reserve Development currently zoned RM -8. Ordinance 51 -95 allows residential uses as allowed in the RM zoning district (density ranges from 6 -12 units per acre) on the subject property. This development is proposed at 11.76 units per acre ( 116/ 9.861= 11.76). Note density is based on the total parcel size including the medical office parcel. This is how density has been applied city wide for all mixed use projects. With respect to #3 in your a mail... Ordinance 51 -95 does not reference a Parcel 5 ... Parcel 4 however does reference a maximum sq footage amount of 65,000. This 65,000 refers to the nonresidential portion of the project (residential properties are measured on a unit per acre basis not square footage). Currently 29,571 square feet of nonresidential Medical Office Use is proposed. This is below the 65,000 sq. ft. of industrial, office or commercial use currently allowed by Ordinance 51 -95. With respect to # 4 in your a mail... Ordinance 42 -95 annexed 94.14 acres of property to the City. This Ordinance did not assign any development potential or restrictions to any portion of the site. The development thresholds for the individual parcels which made up the 94.14 acres were assigned through the application of zoning designations applied via ordinance 51 -95. As noted above these thresholds did not reference a limit of 4 density units. hope the information I have provided is of assistance to you. You are encouraged to attend the City Commission meeting to share your views. Thank you for taking the time to communicate with me. Sincerely, Paul Dorling, AICP Director of Planning and Zoning -- Original Message - - -- From: Ronnie Gjotzbach To: dorling(Mmvdelravbeach.com Cc: ritaellis(Mmvdelravbeach.com ; apeBDmvdelravbeach.com ; fetzer(8mydelraybeach.com ; wmcduffie(&mvdelravbeach.com ; montegue(aDmvdelravbeach.com ; CitvAttomey(cDMVDeIrayBeach.com Sent: Wednesday, October 03, 2007 2:36 PM Subject: Proposed Development of Blood's Grove Site - CONCERNED Resident MR. PAUL DORLING, DIRECTOR CITY OF DELRAY BEACH PLANNING AND ZONING DEPARTMENT 100 Northwest 1st Avenue Delray Beach, Florida 33444 dorlina (amvdelravbeach.com PROPOSED DEVELOPMENT ON BLOOD'S GROVE SITE BY ASCOT DEVELOPMENT TITLED MIDTOWN DELRAY - Delray Beach Planning File #2007 -165 and 2007 -166 As a resident of the Andover Community, I believe it is critical that I share my concerns about the development of Blood's Grove site. I'm respectfully disappointed on how this project is being expedited and how decisions are being made without a complete investigation on the standing of several issues against existing ordinances. From a resident perspective, it appears that the builder is using the argument of a time sensitive $5 million state grant to provide 32 Community Workforce Housing to roll over the proper diligence on the project and receive special treatment. The following issues need to receive serious considerations: 1. As per Ordinance (51 -95) the maximum number of units permitted at the site was not to exceed 680 units in the entire Blood's grove site. Currently there are already 677 units on the site (404 at Citation and 273 at Hammock Reserve). This project intends to add 116 units to this parcel. The math does not seem to add up. 2. As per Ordinance (51 -95) the maximum density permitted at this site was not to exceed 8 units per acre. The proposed project has 116 units on a 6.27 acres area resulting on a density of 18.5 units per acre. 2.31 times the limit. Again, the math does not seem to add up. 3. As per Ordinance (51 -95) the maximum floor area of SAD Parcel 5 was limited to 65,000 square feet. The proposed project is for 212,404 square feet for residential use and additional 29,571 square feet for commercial use. That totals to 241,975 sq. ft. or 3.7 times the limit. 4. As per Ordinance 42 -95 the SAD component was indicated as 4 DU. The proposed project has 17 3 story buildings, plus a recreation center and a Medical office. Additionally, 5. This is a too dense complex with 3 story high buildings that doesn't go in line with the surrounding neighborhoods. 6. This project will create additional traffic constraints on the already congested Old Germantown road. Although the traffic study presented at the September 17th meeting indicates traffic will not increase on Old Germantown Road, I'm not sure there is a resident (from Old Germantown Road) who believes these results are even close to being valid. 7. The execution of this project will result in the loss of 373 grown trees from the area. With all the energies and publicity spent on ways to save our environment, destroying the beauty of the Blood's site would be a loss not only to our area but to the City of Delray. Therefore, I respectfully ask you to allow the proper time for the complete understanding of all the implications of this project to the immediate neighborhood and to analyze if this project is really suited for this location. The goal is to have a project that is beneficial to the entire community and not just to the builder. This proposed site is not the best location for such a dense project. The quaint design of Old Germantown road is a far cry from the proposed "mid- town" development. Your response is very much appreciated. Veronica Glotzbach cc- : N October 3, 2007 Mayor Rita Ellis 100 NW 1" Avenue Delray Beach, FL 33444 Re: Blood's Grove Proposed Rezoning File #2007 -165 & 2007 -166 During our Andover Annual Meeting, the homeowners expressed significant concern about the rezoning of the Blood's Grove property. On behalf of Andover, we, the Board of Directors, would like to register our strong opposition and objection to the proposed action. It is our opinion that the proposed Midtown Delray development would have a significantly detrimental effect upon the value and of our homes and the surrounding areas. Several homeowners attended the Planning and Zoning advisory Board meeting on September 17, 2007. Feedback from that meeting where the Board recommended approval of the development with the waivers and rezoning requests to the City Commission has raised the ire of our community. One of the natural aspects of Old Germantown Road is the mature natural vegetation that has existed. Eliminating this in favor of 116 town houses and a 3 -story high medical office building with 148 parking spaces on the ground floor accompanied by a myriad of waivers to make it happen is, in the opinion of the Andover Board, total over - development of the site. This approach will negatively impact the area and result in an unacceptable environment in which to live. When the Midtown Delray project was submitted and approved for a $5m state grant for workforce housing, the need for affordable housing was great As all homeowners are now well aware, the property market has changed drastically since then and this is no longer the case. There is currently plenty of vacant housing properties in the area for sale at affordable prices and no shortage of medical offices. Old Germantown Road already has traffic flow problems. Any decisions need to take into consideration the investment of the homeowners in this area and their right to have reasonable egresslingress into their communities. The size of this property and potential population as well as commercial traffic is truly unacceptable. We strongly urge the City Commission to reject this rezoning request and preserve our property values and investment in the area. We support Shadywoods' position as well as any other communities in the area in their opposition to this development and rezoning. We too would like to see Delray Beach retain its "Village by the Sea" character and preserve current quality of life and sense of place. Thank you for your time and attention to this matter. Respectfully, The Andover Board of Directors The Andover Association, Inc. c/o Haag Management Inc. • 2295 Corporate Blvd. NW, Suite 138 • Boca Raton, FL 33431 • (561) 241 -0285 October 3, 2007 Mayor Rita Ellis OCT i n 7N17 City Hall 100 N.W. I" Avenue CITY COMMISSION Delray Beach, FL 33444 Re: Midtown Delray Development Dear Mayor Ellis: C C , I sZ I live in the Shadywoods development, which is located on Linton Boulevard directly across from the proposed Midtown Delray project. For the past ten years I have watched building after building go up on Linton Boulevard and Military Trail, adding to the traffic problems in our area. Now that - Linton Boulevard has been widened, we have the added problem of drivers making. U-turns out of the existing medical building and/or going over sixty miles an hour on Linton wh le•we try to exit our.development safely. The residents of Shadywoods have only one way in and out of our development: Linton Boulevard. We have no back entrance, no other choice. The Midtown Delray project promises to add another two hundred cars or so to our problem, all trying to get onto the same road at the same time. Access to Germantown Road is denied during rush hour in the morning because of the ORCHARD VIEW ELEMENTARY SCHOOL traffic. What impact do you think this development might have for the safety of the elementary school children walking to and from school at Orchard View Elementary? WHAT WAS THE PLANNING AND ZONING DEPARTMENT THINKING? DID THEY ALREADY RUN OUT OF ROOM FOR TOWNHOUSES ON FEDERAL HIGHWAY? I am strongly opposed to this construction. I feel that it will negatively impact the value and character of my homel and og& be ofbenefit to some builder who doesn't care how dense our communitybecomes. Please help our community of long -time, quiet -living residents maintain our way of life and safety in small- town Delray Beach. This is, after all, why we moved here! Thank you for your consideration, Toni S. Mullen cc: Vice -Mayor Fred Fetzer Deputy Vice -Mayor Brenda Montague . Commissioner Gary Eliopoulos Commissioner Woodie McDuffie r A October 3, 2007 Mayor Rita Ellis City Hall 100 N.W. I" Avenue Delray Beach, FL 33444 Re: Midtown Delray Development Dear Mayor Ellis: I live in the Shadywoods development, which is located on Linton Boulevard directly across from the proposed Midtown Delray project. For the past ten years I have watched building after building go up on Linton Boulevard and Military Trail, adding to the traffic problems in our area. Now that Linton Boulevard has been widened, we have the added problem of drivers making U -turns out of the existing medical building and/or going over sixty miles an hour on Linton while we try to exit our development safely. The residents of Shadywoods have only one way in and out of our development: Linton Boulevard. We have no back entrance, no other choice. The Midtown Delray project promises to add another two hundred cars or so to our problem, all trying to get onto the same road at the same time.. Access to Germantown Road is denied during rush hour in the morning because of the ORCHARD VIEW ELEMENTARY SCHOOL traffic. What impact do you think this development might have for the safety of the elementary school children walking to and from school at Orchlij�d View Elementary? WHAT WAS THE PLANNING AND ZONING DEPARTMENT THINKING? DID THEY ALREADY RUN OUT OF ROOM FOR TOWNHOUSES ON FEDERAL HIGHWAY? I am strongly opposed to this construction. I feel that it will negatively impact the value and character of my home and p& be of bene$t to some builder who doesn't care how dense our community becomes. Please help our community of long -time, quiet - living residents maintain our way of life and safety in small—town Delray Beach. This is, after all, why we moved here! you for your considers ' on, Thomas R. Mullen cc: Vice Mayor Fred Fetzer Deputy Vice -Mayor Brenda Montague Commissioner Gary Eliopoulos Commissioner Woodie McDuffie Mayor Rita Ellis City Hall 100 N.W. i$` Avenue Delray Beach, FL 33444 Subject: Opposition to Midtown Delray Development Dear Mayor Ellis: 4144 Palm Forest Drive South Delray Beach, Florida 33445 October 2, 2007 FJ Z Of,T a 7007 CITY I live within the development of Shadywoods, located on Linton Boulevard directly across from the planned Midtown Delray project. As a resident and homeowner for the last five years 1 have a major interest in maintaining the character and value of my home, which the intended 3-story high town homes and medical building will certainly destroy. Furthermore, our community of Shadywoods already faces severe traffic difficulties with the many U -tums and cross traffic from the medical buildings already present within 1/2 mile of our entrances. These difficulties will'rise exponentially with the addition of another 116 homes and yet another medical facility. 1 am strongly opposed to this construction. Very truly yours, Ross Vallely Page 1 of 1 Jefferson, Candi From: Valek, Denise Sent: Thursday, September 27, 2007 12:23 PM To: Jefferson, Candi Cc: Dotting, Paul Subject: FW: Blood Grove zone district Dur6ae,4 2/alek Executive Aaslatent Planning d Zoning Department City of Delray Beach leg NW 1st Avenue Defray Beady, FL 33444 Phone: 561- 243.7041 Fax: 561 - 243 -7221 velek@ c7. detray-0each.6. us From: Alberta S. George [maiito:asgeorgel @msn.com] Sent: Monday, September 24, 2007 12:50 PM To: PZmail @MyDeirayBeach.com Subject: Blood Grove zone district To the Planning and Zoning Board of Delray Beach: We strongly oppose the changing of the Blood Grove SAD zone district and the proposed development of over 100 townhouse units and related structures. The traffic congestion in that area is presently such that the city has police there each morning monitoring traffic and restricting turning east flow traffic in an effort to protect the school entrance and students. How can the city even consider adding more traffic and congestion to that intersection. Such a development would also negatively impact our quality of life. Since Spanish Wells was built some 30 years ago, we have experienced continuing development that has diminished the nature of our neighborhood environment. At the same time our taxes have quadrupled. There is nothing in the plan of the proposed development that enhances our property but rather threatens our neighborhood and puts our life at risk. We ask you to deny this intiative. Albert and Alberta George 3004 C San Clara Drive Delray Beach, Florida 33445 9/27/2007 Mark and Marcia Clayman 2706,Hampton.Circle North Delray Beach, Fl. 33445 Monday September 24, 2007 Mr. Paul Dorling Director City of Delray Beach Planning and Zoning Department 100 Northwest 1st Ave Delray Beach, Florida 33444 RECEIVED SEP 2 5 2007 PLANNING & ZONING Re: PROPOSED DEVELOPMENT ON BLOOD'S GROVE SITE BY ASCOT DEVELOPMENT TITLE MIDTOWN DELRAY Delray Beach Planning File 92007 -165 and 2007 -166 Dear Mr. Dorling: My husband and I have lived in the Andover Community since 1989 and have raise our 2 children my daughter Carol 17 and my son Adam 15, both attending Spanish River High School. My family and I like I am sure everybody that had lived in this community for so many years has enjoyed the peacefulness and the charm that the whole area of Old Germantown Rd offers to the residents. Blood's Groves was sucha.big asset in the area and we enjoyed having them so close to us, but now as you know things have changed, the Blood family sold the land and what is left of it is going to be developed. I attended the city meeting held on September 17 and as you probably heard from many residents of the area that despite of our voices of disappointment toward Ascot Development your members of the Planning and Zoning they voted in favor of Midtown Delray regardless the fact that they did not have all the information needed for such an approval. We ask you to reconsider such an approval, you must keep in consideration the density of units is way to high for the area adding to the congestion that as you know during school year we the residents have to go through., but also keep in mind it will not add up any charm at all to the area, my suggestion a nice single home development will be an asset to our lovely Old Germantown Rd. Vi -- Clayman Mowda,q, septeKtber24, 2ooyL CERTIFIED R.E7'I -P-N RECEIPT "0NO"V6L.E MAYOR RITA E1-WS 6til of DeLrall ?each ioo Northwest 1`tAVewue ✓Wrap ?each, Florida ss � w a RE: Proposed Developw ewt/RUod's :;rove sLte ?JI Ascot DtveLopwiewtTitled Midtoww DeLrall Delrao v6eaoh PLawwiw.g FiLe #2ooy,-Z65 F. 2ooyL-i66 Dear HoworabLe Mallor Ellis: AS flou le wow, rasoot lwelopwt,ewt is pLawwi wg to develop the above re fereweed propertil. l am writiwg to llou as aw, extrewitLo cowaerwed how wwwer uv%wg to the east o f the proposed projeot ow erermaw Toww ttoad. I am upset about the proposed deveLopwe,ewt, awd about the wceetiwg 1 attewded at the eitu Of DeLraij ?each, ow Mowdaij, stptember s7, 2ooyL. I was quite shooked at the Lade &f iwforwAti,ow awd k"wledge about the project that the PWKm! g Z.owiw.g Board possessed whew it made such ay. importawt deo%siow that would greatLij a f foot wall we%ghborhood awd others aLowg ejenuaw Toww Road. The iw -pact ow traffic awd the eLewiewtarij sohooL direetLij across the street from this proposed devetopwuwt would also be great. Awrdiwg to Ascot's tra f fie stud, aLL traffic fromm this deveLo vmwt would ewter awd eK t at L -iwtow $ouLevard. EVeroowe who Lives bw, this area Iewows that wUL NEVM happew. There are wo traffic lights or stop signs that will prevent traffic frowt speeding; this could ewdawger Kcawij &f our chUdrew who wait for school buses everijdaij aLow.g qem aw Toww Road. Iw addition, as cu.mewtLjj proposed awd designed, this developWew.t will. destroll the oharm of this uw,ieiue area iw mtrall ?each. T%Es projeot will. oLearllj be am, elesore. Evew severaL of the board members admitted that the architectural, pLaws "were juwle , but Jet, thell stLU. approved parts of this project. Aatditio"U,U, the destruatiow awd eUn4watiow of older growth trees would be A sigw%fi eAwt lass to our caws muwitU, as a result of this projects sizc awd dewsiti. As a oowoerwed ruWewt of this beautiful oom*uuw%tjj, 1 reoommewd that the &to of Dd raij uaoh review the ourrewt request awd future devda mewt of this project. Thaws¢ you for pour time a" oowsideratiow iw this matter. Siwoerdjj, dw , lan Sawdo Alexawder Residewt Of Delrao 8eaeh Awdover (s6i) 2: s.i9i8 Copies Mailed to: eiaro Miapoulos, ComMissiower, ato of Darao it-wok f= ed Fttzer, vice Mallor, Cito of Delrall 8aaoh Woodie McDuf fie, Comwisswi mr, Cato of Ddrall Beach Ir-rewda Mowtague, Deputo Vitt Maljor, ato of Ddrao Uaoh Su-saw A. Rubo, esq., ato Attorweo, Cito &f Ddrall vemoh Paul DU", Dircotor, Pi aKm,L" Jf Lowiwg, &to of Ddrao ' eaoh Row ftoggard, Priww,pal PI.Awwtr, City o f Delray 8eaoh ustd.io Sreto, Sew%arPlawwer, 6to of Delrao 8taoh M%ohad viwe%, Assistawt PLawwer, ato Of Ad rajj 8eaoh Rebecca TK4Xuu, sta f f.4ssistawt u, cite of wirAj, Math RECEIVED OCT 0.9 2007 CITY ATTORNEY Dorling, Paul From: Ruby, Susan Sent: Monday, September 17, 2007 8:51 AM To: Valek, Denise; Darling, Paul; Nubin, Chevelle Subject: FW: Planning and Zoning Board Meeting September 17th: Ascot Please put this email P &Z the Ascot P &Z file. Thanks Susan A. Ruby City Attorney 200 N.W. lot Avenue Delray Beach, FL 33444 telephone: 561- 243 -7091 facsimile: 561- 278 -4755 email: ruby®ci.delray- beach.fl.us - - - -- Original Message---- - From: Weaver, 7c Sent: Monday, September 17, 2007 8:02 AM - ..- To. Ruby, Susan Subject: FW: Planning and Zoning Board Meeting September 17th: Ascot Susan, This came in through the city's website email. Jo Weaver - - - -- Original Message---- - From: Alex Sanielevici (mailto:alexsaniGgmail.comJ Sent: Friday, September 14, 2007 9:37 PM To: PZmail4MfyDelrayBeach.com; Ellis, Rita CC: Eliopoulos, Gary; Fetzer, Fred; McDuffie, Woodle; montegue®mydelraybeach.com; CityAttorney®MyDelrayBeach.com; Gray, Joe; Kemp, Kymenski; ClDirectoX*KyDelrayBeach.com; Perm! tsLicenses®MyDelrayBeach. com; Dorling, Paul; Hoggard, Ron; Breto, Estelio; Vinci, Michael; TruxellQmydelraybeach.com Subject: Planning and Zoning Board Meeting September 17th; Ascot Hello all, I've been a Delray Beach (Hammock Reserve) resident and a voting taxpayer since 2001. Though I won't be able to attend Monday's meeting due to obligations at work, I do wish to express my severe consternation at the proposed high - density development that is being proposed to be erected adjacent to my community, along the main road of Hammock Reserve. Approval of this plan as submitted will severely undermine the quality of life of those living all along the Old Germantown Road corridor. At 3 stories tall, the proposed units will be peering down into our community's yards and swimming pools, undermining our privacy and dominating over our single -story detached housing. The 116 units are being crammed into a space well too small to accommodate them, with narrow streets, missing sidewalks, minuscule green space, and no vegetation or fencing to insulate it from our development. The extra traffic at the busy intersection with Old Germantown will create massive backups, especially since we already have bumper -to- bumper traffic on this road and intersection during school pickup / drop off times. I urge you to place a reasonable limit (on the order of half of what it is now) upon the density and height of this proposed development in order to better mesh with the character of the surrounding developments and avoid a ruinous outcome for all involved. Thank you for your attention to this matter, Alex Sanielevici. 1 Jefferson, Candi From: Valek, Denise Sent: Monday, September 17, 2007 1:46 PM To: McDonnell, Mark; Jefferson, Candi Subject: FW: Bloods Orchard Rezoning V"-,40 14. 1/4" Executive Assistant Planning & Zoning Department City of Delray Beach 10011W 1st Avenue Delray Beach, FL 33444 Phone: 561-243-7041 Fax: 561- 243 -7221 valskCd.delray -0each.fl. us From: eheckermdl @comcast.net [mailto:eheckermdl @comcast.net] Sent: Monday, September 17, 2007 1:07 PM To: PZmail @MyDelrayBeach.com Subject: Bloods Orchard Rezoning My home At 4783 Lakeland Dr. Delray Beach FL33445 is being encroached upon by the threat of the proposed construction on the land previously Bloods Orchard. I object to having a three story high density building adjacent to Hammock Reserve located where I would have to look at it when I arrive and leave as well as when I sit on my lanai. The school has enough traffic a.m and p.m. The addition of the new construction would make this area much less desireable to own and enjoy. Please do not permit this travesty to ruin the entire area. Erwin and Margery Hecker 410 484 3191 9/17/2007 4 q)dui I" LD" 13900 706 ROAD, SUM 203 - 212 DELRAY BEACH, FL 33446 PHONE (561) 495 -9670 FAX# (561) 495-0588 Vnit Our website. www.aBianceofdelmy.com September 13, 2007 Ms. Candi Jefferson City of Delray Beach Planning & Zoning Dept. 100 N.W. 1st Ave. Delray Beach, Fl. 33444 Dear Ms. Jefferson, The Alliance of Delray is concerned that the Midtown Project is being brought to the Planning Zoning Board without the courtesy of presenting the plans to the surrounding communities, such as Shadywood I & II for discussion. There is great anxiety among these communities regarding the entrance and exit traffic flow for this project. Present traffic on Linton Blvd. is already a burden to residents entering and exiting Shadywood I & II, upon whom the Midtown Project will have the greatest impact. We trust you will take these facts into consideration when you review the project and have the company building the Midtown Project meet with community leaders. Thank you. Si GRobert ScM6 in President ECEOVEP V SEP 14 2007 PLANNING & ZONING Board at Diixsl� Robert Schulbsum, President Larry Zeildn, Enrcudve Wee PreaOent Mort Mazor, P/ret Vice Prcsldart . Lori Vinilmor, Wce Prosident. Barbara Zee, We President. Richard Herman, Vice President. EvelynSplelholz, Secretary . Stan Kalish, T assurer lil Nancy Brin . Edwin Goldwasser. Rhoda Greifer. . Harold Kleiner. . Phyllis Levine . Jack Miles. Joshua Gerstin, Legal Counsel Assistant to President: Norma Arnold %hadywCods HOMEOWNERS' ASSOCIATION, INC. 4500 SHADY WOOD DRIVE DELRAY BEACH, Fl. 33445 -5747 OFFICE: (561) 495 -0792 September 12, 2007 City of Delray Beach Planning and Zoning Department 100 N.W. l" Avenue Delray Beach, FL 33444 Attn: Director Subject: Proposed Property Rezoning and Development of Midtown Delray Dear Sir: Regarding the subject matter, the Shadywoods Homeowners Association wishes to express its opposition to the rezoning in general, and to the size of the development in particular. Shadywoods is a community of 200 homes, established in 1980 and 1981, situated on approximately 43 acres on the north side of Linton Blvd, directly opposite the property of the subject rezoning project. Our community has two entrances east and west of Old Germantown Rd, each within 500 & Directly across from Shadywoods, on the south side of Linton, is another huge community, Hammock Reserve with 273 homes, which entrance also opens onto Linton. On our western border is situated the Delray Medical Center, and beyond them the . Albertson Shopping Center. Directly across from the Delray Medical Center, adjacent to Hammock Reserve, are the numerous medical offices at 4800 Linton Blvd, not to mention the Boca Center Shopping Center just beyond. On our eastern border is another community, Lakeside Townhomes. And, only a short time ago Linton Blvd was widened to three lanes to accommodate the obvious increase in traffic. RECEIVED SEP 14 2007 PLANNING & ZONING All of the areas mentioned, including the Midtown Delray project location, fall approximately within V, mile of Military Trail. In view of the above, it's not only apparent, but a fact that Shadywoods has an enormous problem exiting and entering our two entrances due to the already considerable traffic volume, which clearly will seriously worsen with the existence of Midtown Delray. There has been over time any number of traffic accidents at these entrances, including several crashes into our wall, resulting from, among other causes, crossing and/or u- turning vehicles, all of which you can certainly verify. With the addition of this new Delray construction the same dangerous crossing and u -turn traffic problems will exacerbate. In view of this and the current situation, Shadywoods is therefore stressing its opposition to the Midtown Delray project. The City of Dehay Beach cannot, and must not, allow this development to go forward without fast fully assessing, addressing and satisfactorily correcting the traffic problems that do now and will then befall Shadywoods residents. There is a need for substantive discussion with our community, the City and the developer for clarification on alleviating our concerns and problems before proceeding. Given our seniority within this area, Shadywoods should be more than entitled to first considerations prior to burdening our community, and those others around us, with even more difficulties. We look forward to your favorable decision regarding our concerns, towards which your reflection and Mention is appreciated. truly, p Dominic J. Scaduto President, Shadywoods HOA, Inc. Cc: Shadywoods Board of Directors Alliance of Delray Residential Associations, Inc. Pagel of 2 Valek, Denise From: JOSEPH PROVENZANO aprovenzano @msn.com] Sent: Wednesday, September 12, 2007 10:37 PM To: PZmail@MyDelrayBeach.com Subject: Midtown Delray Project Attention: Paul Dorl!ng Director Planning and Zoning I would like to voice my concerns regarding the Midtown Delray Project. 1) Parking: I have been in private medical practice for over 19 years and I feel that the 148 parking spaces allotted for the proposed medical office complex is not enough. As proposed, there will be 5 parking spots/ 1000 square feet of office floor space which in reality will not be enough. Usually there are three employees per physician which would add up to 4 spaces before the door open to see a single patient! Normally there will be 2 to 3 patients waiting to be seen by the physician (if not more) at any given time during the day and then.there* are the various vendors, Drug Reps and service personnel coming in and out at all times during the day. As you can see, the parking will not be sufficient. Even if the physician had 2000 square feet there would not be enough parking, because of the economics of running an office he would have to have a second physician in the office with his 3 employees and 5 to 6 exam rooms full at all times and as we all know some times the physician has an emergency at the hospital and the office gets backed up with even more patients. I do not think it would kind to our senior patients to have to "hover" for parking spaces to see their doctors. I feel more parking is needed for the medical complex or it needs to be scaled down. 2) Density: I understand that on a total of 8.4 acres it is proposed to place the 30,000 square foot medical complex as well as lib town homes. If one were to allow 1.5 acres for the medical complex and parking, this would results in 116 town homes to be built on 7 acres which would amount to 16.5 town homes per acre which far above the density of the immediately surrounding single family residences! 3) Loss of green space: The proposed project will result In the loss of green space which makes the Old Germantown Road area special. The beauty of Old Germantown Road Is its rural road appeal which be lost. The proposed project should conform to the surrounding communities in regards to open green space and. density. 4) Traffic: As it stands now, the traffic from Linton Blvd is not allowed to flow east -bound on to Old Germantown Road in the mornings due to safety concerns regarding the students crossing Old Germantown Road on their way to Orchard View Elementary School. In the evenings, traffic backs up on westbound Old Germantown Road to the point one can't turn into the Oakmont community which is over 500 feet from the proposed. project! To allow this project would generate at least 1200 cars for the medical complex alone (15 2000 sq ft offices with 2 doctors with 30 patient visits each, 6 employees and 3 to 4 Drug Reps and service personnel) not to mention at least 250 cars for the town homes. This would mean almost an extra 1500 cars going down Old Germantown Road daily which is more than Foxe Chase, Oakmont, Rabbit Hollowe, Verona Woods and Andover combined generate! Please take into consideration my concerns and do not approve this project. Joseph M. Provenzano, M.D. 1921 S.W. 36th Ave Lovely Delray Beach, FI 9/14/2007 Page 1 of 1 Valek, Denise From: JMM Omconnect@yahoo.com] Sent: Wednesday, September 12, 2007 4:42 PM To: PZmail @MyDeirayBeach.com Subject: Proposed Rezoning - Modification to the Blood's Grove SAD zone district Regarding proposed project Midtown Delray Hi Candi, I am a resident of the Hammock Reserve Development. I would like further information with regard to how this. proposed action may affect my property. You email was provided on the zoning notification to obtain this information. I appreciate your efforts to provide suce information. Thank you. Building a website is a piece of cake. Yahoo! Small Business gives you all the tools to get online. 9/14/2007 Page 1 of 1 Breto, Estel[o From: Breto, Estelio Sent: Monday, September 10, 2007 8:33 AM To: Breto, Estelio Subject: FW: Ascot Development Attachments: HOA - 20070909 - LETTER - City - Ascot - 02 .pdf From: bob lamour [mailto:bolamo@gmall.com] Sent: Sunday, September 09, 2007 7:13 PM To: Ellis, Rita Cc: Eliopoulos, Gary; Fetzer, Fred; McDuftie, Woodie; montegue @mydelraybeach.com; CityAttomey @MyDelrayBeach.com; Gray, Joe; Kemp, Kymenskh, ClDirector @MyWrayBeach.com; PermitsLicenses @MyDelrayBeach.com; Dorling, Paul; Floggard, Ron; Breto, Estelio; Vinci, Michael; Truxell @MyDeirayBeach.com; mviale@primemg.com; donmklein @adelphia.net; dklein @ad.fau.edu; alexsani @gmail.com; pennyhammel@comcast.net; kim @haagcompanies.com; wdiatdbc @aol.00m; rsmaup7in3 @aol.com; bert1283 @bellsouth.net; mguzi @proskauer.com Subject: Ascot Development Your Honorable Mayor Rita Ellis, Please find attached a letter describing the serious matter of the Ascot Development on old Blood's Grove site at the west end of Old Germantown Road. A hearing is scheduled before the City Planning and Zoning Board on September 17, 2007 at 6:00 pm, and as you can see by the distribution list, these issues are in the awareness of many City Staff and Residents of Delray Beach. Regardless of the outcome of the P &Z meeting, we are also aware of a Commission Meeting on October 2, 2007. We felt it in the best interests of the City to make contact with you and with our Commission with as few individuals as possible, but we will attend Board Meetings and Public Commission Meetings when they occur if we are aware. At your earliest convenience, I would like to meet with you to discuss our concerns in greater detail. Bob Lamoureaux Resident of Delray Beach, Florida Vice President, Hammock Reserve Homeowner's Association (561) 496 -7161 bolamoOmmail.com * ** eSafe scanned this email for malicious content * ** * ** IMPORTANT: Do not open attachments from unrecognized senders * ** Sunday, September 9, 2007 HONORABLE MAYOR RITA ELLIs 100 Northwest In Avenue Delray Beach, Florida 33444 Re: PROPOSED DEVELOPMENT ON BLOOD'S GROVE SITE BY ASCOT DEVELOPMENT TITLED MmTOwN DELRAY Delray Beach Planning File #2007 -165 and 2007 -166 Dear Honorable Mayor Ellis: Sent Via hand deli ry and ¢Mail: ritae114F@myde1raybeach.com As you may know, Ascot Development has submitted a proposal to develop a project within the boundary of the City of Delray Beach, which provides residential and commercial facilities on the site previously owned by Blood's Grove, at the west end of Old Germantown Road. The initial proposal had been submitted on or about April 7, 2007 (date of site plan), and subsequently resubmitted to City Planning and Zoning on August 3, 2007 (stamped date on plans). Select members of our community had been notified from the Delray Beach Planning and Zoning, mailed out on September 4, 2007. Ascot proposes to develop 116 residential townhouse units, on the south side of the property, and a commercial structure of approximately 30,000 square feet. This project is partly sponsored by the Community Land Trust, and provides a proportion of the project for workforce housing. Although the CLT has admirable intentions, and we certainly welcome the opportunities made available for our community workforce through its efforts, we, as permanent residents of the immediate area, have a considerable stake in our property and value it as a functional and esthetic community in addition to our property's financial worth. After thoroughly reviewing this submittal and making every effort to understand the impact of this development with Delray Beach staff responsible for this proposal, it is obvious that an effort is being made by Ascot to 'over- develop' and 'over- construct' the Blood's Grove site in order to maximize it's profits, resulting in a severe and unnecessary penalty to the residents of the area. And if Ascot Development is allowed to do this, it will be against the will of the community of residents in the immediate area, and from what was learned over the previous several months, against the will of the Delray Beach Community Improvements Department, and the Delray Beach Planning Department. Ascot Development, in order to develop to the extreme in its proposal, has requested multiple variances and now even waivers on the property zoning itself. In each and every case of these variances and waivers, it has been to the benefit of its own financial gain and at the same time undermines the quality, appearance, safety, security, and character of the surrounding community. Ascot Development's proposal is taking advantage of what appears to be a loophole in the City of Delray Beach's LDR, however, the majority of their proposal develops the Blood's Grove site for residential use, and at the very least, should comply with our City's RM zoning rules consistent with adjacent surrounding residential communities, and should also provide not only for the sake of the surrounding community, but also for the future of the new tenants of the development itself. Sunday, September 9, 2007 HONORABLE MAYOR RffA ELLis Page 2 (continued) Ascot is proposing to reduce roadway widths, eliminate required sidewalks, reduce the amount of required upland reserves, significantly increase the density of residential units per acre, destroy and eliminate fencing and environmental buffer between it and adjacent communities, unnecessarily remove all existing vegetation and trees which provide security and safety to adjacent properties, including Orchard View Community Elementary School, and Orchard View Park, increase the building heights to a level beyond anything in the area, ignore `typical, reasonable, and appropriate' building set -backs from property lines, add significantly to traffic in the area, encroach on Linton Road right of ways in order to acquire more constructible land for commercial parking, and construct over the existing canal, just to name some of the issues we have. Literally thousands of the city's residents will be affected by the City's decisions regarding Ascot's development in the following weeks. Homeowners aware of this matter from properties adjacent to, and nearby this proposed development, such as Hammock Reserve, of which I reside, and other communities, such as Andover, Fox Chase, Highland Grove Estates, Oakmont, Rabbit Hollow, Spanish Wells, Valencia Court, Verona Woods, and Whispering Oaks, find the proposal unreasonable and unacceptable on many levels and request that the City of Delray Beach instruct Ascot Development to modify its submittal and plans accordingly in keeping with the general character of the adjacent community. I have respectfully requested a meeting with Your Honor and with Commissioner Gary Eliopoulos; as of this date have received no response. I would be happy to meet with you directly at our mutual convenience, to discuss the matter further. We urgently request your support on this matter Sincerely, Bob Lamoureaux Resident of Delray Beach, Florida Vice President, Hammock Reserve Homeowner's Association (561) 496 -7161 bolamo gmail.com (Distribution list on following page) Distribution List: Rita Ellis, Mayor, City of Delray Beach ritaellis@mydelraybeach.com Gary Eliopoulos, Commissioner, City of Delray Beach, gpe@mydehaybeach.com Fred Fetzer, Vice Mayor, City of Delray Beach, fetzer@mydelraybeach.com Woodie MCDuffie, Commissioner, City of Dehay Beach, wmcduffie@mydehaybeachcom Brenda Montague, Deputy Vice Mayor, City of Delray Beach, montegue@mydelraybeach.com Susan A. Ruby, Esq. , City Attorney, City of Delray Beach Community Land Trust Joseph Gray, Executive Director Kymensld Kemp, Development Manager Community Improvements Lula Butler. Director, Community Improvement Al Berg, Asst Du, Community Improvement Nancy Davila. City Horticulturist City of Delray Beach City Planning CityAttomey@MyDelrayBeach.com grayj @ci.delray - beach.fl.us kemp@ci.delray-beach.fl.us CIDirector@MyDehayBeach.com CIDirector@MyDelrayBeach.com PermitsLicenscs@MyDelrayBeach.com MyDelrayBeach.com Paul Dorling, Director, Director, City of Delray Beach Dorling@MyDelmyBeach.com Ron Hoggard; Principal Planner City of Delray Beach Hoggard@MyDelrayBeach.com Estelio BretO, Senior Planner City of Delray Beach Breto@MyDelrayBeach.com Michael Vinci, Assistant Planner City of Delray Beach Vinci @MyDelrayBeach.com Rebecca Truxell, Staff Assistant II, City of Delray Beach Truxell @MyDelrayBeach.com Planning and Zoning Board Site Plan Review and Appearance Board Germantown Road Homeowners Associations: mviale@primemg.com kim@baagoompanies.com wdiatdbc@aol.com rsmaupin3@aoLcom bertl283 @bellsouth.net mguzi @proskauer.com dDmnklein @adelphia.net dklein@ad.fau.edu alexsani @gmail.com pcnnyhammel @comcast.net Page 1 of I Valek, Denise From: David Lewin [dilewin @comcast.net] Sent: Friday, September 07, 2007 1:17 PM To: PZmail @MyDelrayBeach.com Subject: File #2007 -165 & 2007 -166 Candi Jefferson Good Afternoon, [ am an owner of property located in the Shadywoods community. My neighbor gave me a copy of the notice that she received regarding 'Midtown Delray' and the proposed re- zoning. [ am appalled that the City of Delray would even consider such high density development in this location on this site. Please give me all information regarding this proposed action. rhanking you in advance, Respectfully, - i David Lewin 4150 Palm forest Drive North Delray Beach, FL 33445 rel: 561 -381 -4534 )/11/200'7 - ; FLORIDA OFFICES FORT LAUDERDALE MIAMI h6 1 BOYNTON BEACH •wd d WASmdtl W&Aft q. wwWJMtZlW.eom April 6, 2007 Via Ede & Regular U.S. Mail (561) 243 -7221 Mr. Michael Vinci, Assistant Planner City of Delray Beach 100 N.W. I" Avenue Delray Beach, Florida 33444 Re. Hammock Reserve Homeowners Association, Inc. Midtown Village Delray Our File No. 27786 Dear Mr. Vinci: LEIGH C. KATLmAN FERREN L. KORR RACHEL. E. FRYDMAN DAVID A KOYPERMAN MARK M. HEINISH KENNETH E. 7EKBERGER TENNR.LE M. SHIPwASH HEATHER L EDELMAN MAY HusTEY MARY ANN CHANDLER STEPHEN A. FwAMORE I wanted to take this opportwi {ty to thankyou . for your quick response concerning my client, Homeowners , Hammock Reserve Assgciation,;Iuc.'s,inquiries about the Midtown Delray project. As I indicated, myoffice is general counsel to Hammocks Reserver The Board thereof has expressed certain concerns with respect to. what they believe to be the planned development adjacent to their community (i.e. the Midtown Village project). As we discussed, it appears that the project is being developed by Ascot Development and you and I briefly reviewed information on Ascot's website concerning the project. Based upon what I understand to be your further research in the matter, the City of Delray has no documentation on file concerning the development of the subject property, including site plans, requests for variance, request for zoning, change, or any other application. I have advised my client of the foregoing, and they will continue to monitor the situation. Should my understanding of your findings be incorrect, please contact me immediately. Be that as it may, my client does have certain concerns with respect to the apparent land development and the site plan which I downloaded from Ascot Developments's website. Copies of the foregoing documents are enclosed herewith. These concerns include the following: The set backs to the units adjacent to Orchard Lane appear to be inadequate. My client believes that-at least as proposed;,the scale of the proposed development exceeds the character of Hammocks Reserve and as such, the set backs should be 'significantly -increased; APR 1 2007 1501 Northwest 49th Street • Suite 202 • Fort Lauderdale, Florida 33309 • Tel 954.486.7782 Mr. Michael Vinci, Assistant Planner City of Delray Beach April 6, 2007 Page 2 2. There appears to be no physical buffer between the development and this presents a security problem to Hammocks Reserve. Thus, in the event the project moves forward, the Association would desire construction of a continuous eight (8) foot concrete wall, which is similar in design to the wall around the adjacent areas of Hammocks Reserve. Similarly, the Board desires some type of planting buffers be installed between the developments; and 3. The height of the buildings appear to be out of scale to the general character of Hammocks Reserve. The Board would request that the buildings be limited to a single story. While I understand it is premature to engage in any significant discussion of the foregoing, the Board did desire that the City be aware of its concerns. I again wish to thank you for your quick response and research into this project. KEZ:chs Enclosure cc: Property Manager (w/ encl.) Account Representative (w/ encl.) Very truly yours, KATZMAN & KORR, P.A. nweve eeewcveHrsx .MO..awo..`mm- .p„�>.uu. �eroremiw�uo..�vmaoaanneam. -vw ammwa MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CANDI N. JEFFERSON, SENIOR PLANNER � 2 PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING / THROUGH: CITY MANAGER 56'0610 DATE: NOVEMBER 27, 2007 SUBJECT: OFFICE BUILDING KNOWN AS MIDTOWN DELRAY LOCATED AT 4600 LINTON BOULEVARD. ITEM BEFORE COMMISSION The City Commission voted on November 6, 2007 to appeal the conditions of approval applied by the Site Plan Review and Appearance Board (SPRAB) from their October 24, 2007 meeting. Review of the rezoning and appeal was set to occur on November 20, 2007. However, at its meeting of November 20, 2007, the City Commission moved to postpone the rezoning and appeal to tonight's meeting December 4, 2007 at the request of the applicant. The Planning and Zoning Board held a public hearing on the rezoning request at its meeting of September 17, 2007. The Board recommended approval of the rezoning request by a vote of 6 to 1, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and the Goals and Objectives of the Comprehensive Plan, subject to the following conditions: • That significant aesthetic improvements are made to make the architectural elevations more visually appealing • That the density of the proposed Midtown Delray development does not exceed that which was originally permitted in the Bloods Hammock Groves Ordinance 51 -95 (12 units per acre) The Planning and Zoning Board recommended approval of Waiver #1 to reduce the stacking distance at the Office Building parking lot entrance from the required 50' to 48' [LDR Section 4.6.9 (D)(3)(c)(1)], by a vote of 5 to 2, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.7(B)(5) (Waiver Findings) of the Land Development Regulations, and the Goals and Objectives of the Comprehensive Plan. The Planning and Zoning Board recommended approval of Waiver #2 to reduce the minimum pavement width of the interior roadway from 24 feet to 20 feet [LDR Section 6.1.2(C)(3)(a)], by a vote of 7 to 0, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.7(B)(5) (Waiver Findings) of the Land Development Regulations, and the Goals and Objectives of the Comprehensive Plan. City Commission Documentation, Meeting of December 4, 2007 Appeal of SPRAB Action — Midtown Delray (4600 Linton Boulevard) The Planning and Zoning Board recommended denial of Waiver #3 to reduce the required 25% preserved natural plant communities requirement to 18.62% [LDR Section 4.6.16 (D) (2) (b)], by a vote of 2 to 5, based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.7(B)(5) (Waiver Findings) of the Land Development Regulations, and the Goals and Objectives of the Comprehensive Plan. The Planning and Zoning Board recommended approval of Waiver #4 to provide a sidewalk on one side of the street instead of the required sidewalks on both sides of the street [LDR Section 6.1.3 (D)(1)(b)], by a vote of 7 to 0, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.7(B)(5) (Waiver Findings) of the Land Development Regulations, and the Goals and Objectives of the Comprehensive Plan. The Planning and Zoning Board recommended denial of Waiver #5 to provide relief from the required thirty foot (30') landscape buffer along Linton Boulevard [LDR Section 4.3.4.(H)(6)(b)(4)], by a vote of 3 to 4, based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.7(B)(5) (Waiver Findings) of the Land Development Regulations, and the Goals and Objectives of the Comprehensive Plan. Subsequent to the recommendation of denial of Waiver #5 by the Planning and Zoning Board, it was determined that relief from the required thirty foot (30') landscape buffer is not deemed necessary. At its meeting of October 16, 2007, the City Commission approved on first reading Ordinance 46 -07 which amended Blood's Grove Ordinance No. 51 -95, to allow the construction of 116 townhouse units and a 29,571 sq. ft. medical office building, with the following directions: • That aesthetic improvements are made to make the architectural elevations more visually appealing. This should include measures to reduce the height and mass of the townhouse units; • That alternative ingress /egress to the residential portion of the site be considered; • That the proposed landscape perimeter buffer along the west property line shall be substantially increased; and, • That efforts be made to minimize the requested waivers with particular direction that the required 25% open space preserve requirement be met. On October 24, 2007, the Site Plan Review and Appearance Board ( SPRAB) approved the site plan, landscape plan, and architectural elevations (by a vote of 4 to 2) for the proposed 116 townhouse units and 29,571 square foot medical office building known as Midtown Delray located at 4600 Linton Boulevard based on findings that the request was consistent with the Comprehensive Plan and met the criteria set forth in LDR Sections 2.4.5(F) and Chapter 3 of the Land Development Regulations, subject to the conditions attached as Exhibit "A" and summarized below: 1. That the applicant shall at a minimum revise the site plan and landscape plan to comply with the required 25% open space preserve area requirement. 2. That the ingress and egress drive way to the proposed development shall be modified; 3. That the proposed landscape perimeter buffers shall be substantially increased. 4. That a 5 foot wide sidewalk shall be provided along Park Access Road and Linton Boulevard, and that the 5 foot wide sidewalk be depicted on the site plan, landscape plan, and engineering plans; 5. That the workforce housing units shall be evenly distributed among all proposed townhouse buildings. 6. That every effort should be made along the western property line along Orchard Lane to stagger buildings number ten, twelve, fourteen, fifteen and sixteen; and, 2 City Commission Documentation, Meeting of December 4, 2007 Appeal of SPRAB Action — Midtown Delray (4600 Linton Boulevard) 7. That the exterior perimeter landscape buffer shall be increased where possible to maximize buffering along Orchard Lane and Park Access Road. Subsequently, the applicant revised the development plans to comply with SPRAB conditions and City Commission directions. The modifications included the following: 1. Traffic calming devices have been added both internal and external to the project; 2. Sidewalks have been added to the perimeter of the property along Linton Boulevard and Park Access Road; 3. The western exterior perimeter landscape buffer has been preserved and will be increased where possible to maximize the buffering potential along Orchard Lane; 4. The ends of the buildings (side elevations) have been further enhanced with architectural features including a new balcony; 5. All of the buildings along the western boundary are now staggered; and, 6. The overall massing of the roof height has changed. The overall height was originally 39.4 feet (mean roof height). It is now 31.9 feet (mean roof height) for a total reduction of 7.5 feet. On November 16, 2007 a letter was received from the applicant requesting postponement of the hearing for the rezoning request from November 20, 2007 to the December 4, 2007 City Commission meeting. The applicant justified reasons for the postponement to find possible solutions to issues raised by surrounding homeowners and other individuals, which included the following: 1. Engineering a possible decrease in the height of the medical building; 2. Possible re- distribution of workforce housing units and coordination with the Delray Beach Community Land Trust; 3. Potential new points of ingress and egress, including Linton Boulevard and Orchard Lane; 4. The staggering of the buildings and other architectural details; 5. Certain improvements related to safety, such as traffic calming; and, 6. Review of certain landscaping issues in order to maximize potential buffering. Further revisions addressing the Site Plan Review and Appearance Board ( SPRAB) conditions of approval were received on November 20, 2007. These additional changes included the following: 1. The ingress and egress of the project has been modified to include a connection between the residential and commercial areas and a right turn only into the development from Linton Boulevard; 2. The existing landscape buffer along Orchard Lane will be maintained as part of the natural preserve. The landscape buffer has been enhanced with additional landscaping in order to provide a more substantial buffer. 3. The townhouse buildings containing workforce housing units have been evenly dispersed throughout the site plan; 4. Traffic calming devices have been added internal to the development as well as on Park Access Road; 5. Several meetings were held between the City Engineering Department and the traffic engineers to discuss various solutions regarding the entrance to the school. The consensus was to provide a raised crosswalk along with two stop signs, which has been provided and is indicated on the site plan; 51 City Commission Documentation, Meeting of December 4, 2007 Appeal of SPRAB Action — Midtown Delray (4600 Linton Boulevard) 6. Sidewalks have been added along Linton Boulevard and Park Access Road in order to provide for pedestrian traffic; 7. The photometric plan has been revised to comply with the Land Development Regulations of the City of Delray Beach; 8. The residential buildings along the western property line have been staggered in the rear of the buildings (in addition to the already staggering of the units in the front); 9. The ends of the buildings (side elevations) have been further enhanced with architectural features including a new balcony; 10. There are a total of five (5) colors being proposed for this project. Each townhouse building type will have a different combination of these colors in order to create variation throughout the site plan; 11. The residential buildings along the western property line have been staggered in the rear of the buildings; and, 12. The overall massing of the roof height has changed. The overall height was originally 39.4 feet (mean roof height). It is now 31.9 feet (mean roof height) for a total reduction of 7.5 feet. APPEAL At its meeting of November 6, 2007, the City Commission moved to appeal the Site Plan Review and Appearance Board conditions and move the Second Reading of Ordinance No. 46 -07 to a date certain of November 20, 2007. This motion was approved by a vote of 5 -0. However, at its meeting of November 20, 2007, the City Commission moved by a vote of 4 -0 to postpone both the rezoning and the appeal to tonight's meeting of December 4, 2007 at the request of the applicant. Commission's discretion. Attachments: • Exhibit "A" SPRAB Conditions of Approval • City Commission Appeal Report of November 20, 2007 • Site Plan Review and Appearance Board Report of October 24, 2007 4 City Commission Documentation, Meeting of December 4, 2007 Appeal of SPRAB Action — Midtown Delray (4600 Linton Boulevard) EXHIBIT - "A" 1. That the ingress and egress drive way to the proposed development shall be modified; 2. That the proposed landscape perimeter buffer shall be substantially increased. 3. That a 5' wide sidewalk shall be provided along Park Access Road and Linton Boulevard, and that the 5' wide sidewalk be depicted on the site plan, landscape plan, and engineering plans; 4. That a plat must be recorded prior to issuance of any building permits; 5. That a bus shelter along Linton Boulevard shall be constructed according to specifications that will be provided by the City Engineer; 6. That the workforce housing units are sold in accordance with LDR Section 4.7.7; 7. That the terms of resale of the workforce housing units, pursuant to LDR Section 4.7.8, be included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach County; 8. That no amendments to the covenants shall be made unless by written instrument approved by the City; 9. That the applicant shall coordinate with the Community Improvement Department on buyer eligibility and housing prices for the workforce housing units; 10. That the applicant shall include clear language in the Home Owners Association documents as to how the maintenance fee for the workforce housing units will be established and that the proposed maintenance fee be approved by the City; and 11. That the workforce housing units shall be evenly distributed among all proposed townhouse buildings. 12. That there be an emphasis placed on safety; 13. That there be traffic calming devices inside and outside the complex; 14. That possibly a stoplight be installed across from the school; 15. That there be a reduction in parking and an increase in green space where possible; 16. That there be sidewalks for pedestrian traffic; 17. That the photometric plan need to be revised, separating the medical parcel from the residential parcel foot candle illumination levels; 18. That every effort should be made along the western property line along Orchard Lane to stagger buildings number ten, twelve, fourteen, fifteen and sixteen enough to provide additional buffering; 5 City Commission Documentation, Meeting of December 4, 2007 Appeal of SPRAB Action — Midtown Delray (4600 Linton Boulevard) 19. That the exterior perimeter landscape buffer shall be increased where possible to maximize buffering potential along Orchard Lane and Park Access Road; 20. That all Landscape Technical Items are addressed and three (3) copies of the revised plans are submitted; 21. That where possible excess parking should be reduced and additional landscaping and open space shall be provided; and 22. That wherever possible the buildings shall be staggered and center to the project to provide additional landscape buffering; 23. That original color chips be submitted; 24. That the side elevations of buildings number five, seven, sixteen and seventeen be further enhanced with additional architectural features to make them more interesting; 25. That the applicant shall stagger the units of the buildings to allow a more attractive roof line; and 26. That there be some variation in the colors of the buildings. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This is an appeal of a decision of the Site Plan Review and Appearance Board ( SPRAB) regarding the approval by SPRAB of the Midtown Delray Project located at 4600 Linton Boulevard. This appeal comes before the City Commission on December 11, 2007. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the approval by SPRAB of the Midtown Delray Project. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsections I and II. COMPREHENSIVE PLAN: ARE THE COMPREHENSIVE PLAN REQUIREMENTS MET? Is the approval of the site plan, with the conditions listed in Exhibit "A ", attached hereto and incorporated herein, consistent with and does it further the policies and objectives of the Comprehensive Plan? Yes No II. LAND DEVELOPMENT REGULATIONS: ARE THE LDR REQUIREMENTS MET? Is the approval of the site plan, with the conditions listed in Exhibit "A ", attached hereto and incorporated herein, consistent with Section 2.4.5(F) and Chapter 3 of the Land Development Regulations? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the development application was submitted and 10-A-2 finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves _ denies _ the appeal, with the conditions as provided in Exhibit "A ", and hereby adopts this Order this 11th day of December, 2007, by a vote of in favor and opposed. ATTEST: Chevelle Nubin City Clerk 2 Rita Ellis, Mayor EXHIBIT "A" To the Commission Order Regarding the Appeal of the SPRAB Decision for the Midtown Delray Project 1. That the ingress and egress drive way to the proposed development shall be modified; 2. That the proposed landscape perimeter buffer shall be substantially increased. 3. That a 5' wide sidewalk shall be provided along Paris Access Road and Linton Boulevard, and that the 5' wide sidewalk be depicted on the site plan, landscape plan, and engineering plans; 4. That a plat must be recorded prior to issuance of any building permits; 5. That a bus shelter along Linton Boulevard shall be constructed according to specifications that will be provided by the City Engineer; 6. That the workforce housing units are sold in accordance with LDR Section 4.7.7; 7. That the terms of resale of the workforce housing units, pursuant to LDR Section 4.7.8, be included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach County; 8. That no amendments to the covenants shall be made unless by written instrument approved by the City; 9. That the applicant shall coordinate with the Community Improvement Department on buyer eligibility and housing prices for the workforce housing units; 10. That the applicant shall include clear language in the Home Owners Association documents as to how the maintenance fee for the workforce housing units will be established and that the proposed maintenance fee be approved by the City; and 11. That the workforce housing units shall be evenly distributed among all proposed townhouse buildings. 12. That there be an emphasis placed on safety; 13. That there be traffic calming devices inside and outside the complex; 14. That possibly a stoplight be installed across from the school; 15. That there be a reduction in parking and an increase in green space where possible; 16. That there be sidewalks for pedestrian traffic; 17. That the photometric plan need to be revised, separating the medical parcel from the residential parcel foot candle illumination levels; 3 18. That every effort should be made along the western property line along Orchard Lane to stagger buildings number ten, twelve, fourteen, fifteen and sixteen enough to provide additional buffering; 19. That the exterior perimeter landscape buffer shall be increased where possible to maximize buffering potential along Orchard Lane and Park Access Road; 20. That all Landscape Technical Items are addressed and three (3) copies of the revised plans are submitted; 21. That where possible excess parking should be reduced and additional landscaping and open space shall be provided; and 22. That wherever possible the buildings shall be staggered and center to the project to provide additional landscape buffering; 23. That original color chips be submitted; 24. That the side elevations of buildings number five, seven, sixteen and seventeen be further enhanced with additional architectural features to make them more interesting; 25. That the applicant shall stagger the units of the buildings to allow a more attractive roof line; and 26. That there be some variation in the colors of the buildings. 4 SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH MEETING DATE: October 24, 2007 AGENDA ITEM: IV. C -- -STAFF REPORT - -- ITEM: Midtown Delray - Class V Site Plan, Landscape Plan and Architectural Elevations associated with the construction of a 116 -unit townhouse development (of which 32 units are subject to the family workforce housing ordinance) and 29,571 square feet of medical offices, located immediately west of the intersection of Old Germantown Road at Linton Boulevard, approximately 1,950' east of Military Trail (4600 Linton Boulevard). GENERAL DATA: Owner/ Applicant ....................... Midtown Delray, LLC Location ....... ............................... Southwest corner of Linton Blvd. and Old Germantown Road Property Size .............................. 9.86 acres Existing FLUM ........................... TRN (Transitional) Proposed FLUM ......................... No Change Current Zoning ............................ SAD (Special Activities District) - Bloods Grove Proposed Zoning ........................ SAD (Special Activities District) - Midtown Delray Adjacent Zoning ................North: East: South: West: Existing Land Use. Proposed Land Use .................... Water Service ........................ Sewer Service ........................ RL (Multiple Family Residential - Low OSR (Open Space & Recreation) CF (Community Facilities) RM -8 (Multiple Family Residential - 8 units per acre) Primarily Vacant Land with Vacated Industrial and Retail Structures Mixed Use Development Existing on site via an 8" and 12" water main and several fire hydrants Existing on site via an existing 8" sewer main ' v N D The action before the Board is approval of the following aspects of a Class V Site Plan for Midtown Delray, pursuant to LDR Section 2.4.5(F): O Site Plan; O Landscape Plan; and O Architectural Elevations The subject property is located immediately west of the intersection of Old Germantown Road at Linton Boulevard, approximately 1,950' east of Military Trail (4600 Linton Boulevard). SAC KGRt)UND On April 18, 1994, the Planning and Zoning Board considered a Future Land Use Map Amendment (94 -1) for 94 acres (balance of Bloods Grove) from County MR -5 to City designations of 40 acres MD (Medium Density), 40 acres LD (Low Density), 10 acres CC (Commercial Core), and 4 acres OS (Open Space). These proposed designations would have allowed a maximum of 680 units. The accompanying development plan proposed 250 apartments and 375 attached single family units (total of 625 units). The Planning and Zoning Board had concerns over the proposed intensity. The Board recommended the proposal be modified to 64 acres of Low Density, 16 acres of Medium Density, 10 acres of transitional, and 4 acres of Open Space. Under this scenario a maximum unit count of 519 units would have been allowed. The City Commission heard the request on May 17, 1994 and voted not to approve the amendment, citing concerns over the overall density of the proposal. On April 17, 1995, the Planning and Zoning Board considered a Future Land Use Map change for the same 94 acres from the County Land Use Map designation of MR -5 to City designations of approximately 51 acres of Low Density, 29 acres of Medium Density, 4 acres of Open Space, and 10 acres of Transitional. The zoning designations accompanying the FLUM amendment allowed a maximum of 488 units and low intensity commercial uses. The FLUM amendment that was part of 95 -1 was recommended for approval. On May 2, 1995, the City Commission approved transmittal of the request to DCA (Department of Community Affairs). On July 17, 1995, the Planning and Zoning Board considered the related annexation and initial zoning of PRD -5 (Planned Residential Development), RM -8 (Residential Medium Density, 8 du /ac), OS (Open Space), and SAD (Special Activities District) for Bloods Hammock Groves. The proposed residential zoning categories (PRD -5 and RM -8) would allow residential development at maximum densities of 5 and 8 units per acre, respectively. The open space designation accommodated an existing hammock environment which was to be preserved. Under the SAD zoning designation (subject property) the following specific uses were approved: Thirty -three thousand and five hundred (35,500) sq. ft. of Citrus Packing House, related office and retail uses ( floral, fruit sales, gifts, and juice bar) subject to a maximum retail component of 10,700 sq. ft. Additional retail sales such as convenience foods, household supplies, garden and lawn supplies, drugs and medicine, small appliance sales and repairs, baked goods, delicatessen goods, subject to a maximum of 5,000 sq. ft. of floor area allocated to a single retail use, or groups of retail uses not to exceed 20,000 sq. ft. maximum. • Provision of services such as: barber and beauty shop, dry cleaning limited to onsite processing for customer pick up only, dry cleaning and laundry pick stations, financing e.g. Site Plan Review & Appearance Board Staff Report - Meeting of October 24, 2007 Midtown Delray — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 2 banks and similar institutions excluding drive - through facilities, laundromats limited to self service facilities, equipment rental, newsstands subject to the maximum area devoted to a single tenant for service uses not to exceed 2,000 sq. ft. in floor area and the floor area allocated to groups of service uses not to exceed 10,000 sq. ft. maximum. • Up to 7,500 sq. ft. of restaurant use excluding drive -in, drive - through facilities. • Professional, medical, and general business office uses. • Residential uses as allowed within the RM zoning district (maximum 12 units per acre). • A maximum floor area for the combined uses is not to exceed 65,000 sq. ft. On September 5, 1995, the City Commission approved the annexation and initial zoning of PRD -5 (Planned Residential Development), RM -8 (Residential Medium Density, 8 du /ac), OS (Open Space), and SAD (Special Activities District) for Bloods Hammock Groves (first reading). On September 19, 1995, the City Commission approved in second reading Ordinance # 51 -95 which established the initial zoning classification for that parcel of land known as Blood's Grove Orchard. Development of all but the SAD portion (9.86 acres) has occurred. Pursuant to LDR Section 2.4.4(F)(2), more than 25% of the development has occurred and the overall plan including the SAD portion is considered vested. At its meeting of September 17, 2007, the Planning and Zoning Board recommended approval of the rezoning request to modify the Blood's Grove SAD (Special Activities District) Ordinance 51 -95, in conjunction with a new mixed -use development known as Midtown Delray containing 116 townhouse units (of which 32 units are subject to the family workforce housing ordinance) and 29,571 square feet of medical offices. The Board also reviewed five (5) waiver requests associated with the proposed development. At its meeting of October 16, 2007, the City Commission approved the amended Blood's Grove Ordinance No. 51 -95, to allow the construction of 116 townhouse units and 29,571 sq. ft. medical office building, subject to the following conditions; • That significant aesthetic improvements are made to make the architectural elevations more visually appealing; • That the ingress and egress drive way to the proposed development shall be modified; • That the proposed landscape perimeter buffer shall be substantially increased. The City Commission had significant concerns on the five waivers requested by the applicant and indicated they would be reluctant to support any waivers particularly #3. Thus, it is attached as a condition of approval that the applicant shall at a minimum revise the site plan and landscape plan to comply with LDR Section 4.6.16 (D) (2) (b). The five waivers included: Waiver #1 to reduced the stacking distance at the Office Building parking lot entrance from the required 50' to 48' [LDR Section 4.6.9 (D)(3)(c)(1)]; • Waiver #2 to reduce the minimum pavement width of the interior roadway from 24 feet to 20 feet [LDR Section 6.1.2(C)(3)(a)]; Site Plan Review & Appearance Board Staff Report - Meeting of October 24, 2007 Midtown Delray — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 3 Waiver #3 to reduce to 18.62% the required 25% of the required 25% open space to be in the form of preserved natural plant communities when natural plant communities occur on land which is to be developed [LDR Section 4.6.16 (D) (2) (b)]; • Waiver #4 to provide a sidewalk on one side of the street instead of the required sidewalks on both side of the street [LDR Section 6.1.3 (D)(1)(b)]; and • Waiver #5 to provide relief from the required thirty foot (30') landscape buffer along Linton Boulevard [LDR Section 4.3.4.(H)(6)(b)(4)]. It is noted that some of the conditions of approval have been addressed with the revised plans. The remaining conditions of approval are included as part of staff's recommendation. The City Commission deferred the second reading of the Ordinance until the Site Plan Review and Appearance Board (SPRAB) has reviewed the proposed project for approval. The action currently before the Board is approval of the site plan, landscape plan, and architectural elevations for the proposed 116 townhouse units and 29,571 sq. ft. medical office building known as Midtown Delray. PROJEtt at06RIIPTlON The development proposal consists of the following: Construction of a 29,571 sq. ft. 3 -story high medical office building on the northern portion of the site with 148 parking spaces on the ground floor; 2. Construction of one hundred sixteen (116) fee - simple townhouse units in seventeen (17) three story buildings. Thirty -two of these townhouse units will be designated as workforce housing units. • Building Design "A" includes 6 buildings (#4, 5, 6, 10, 11, 16) of 8 units. These eight units consist of (2) two- bedroom units (1,418 sq.ft.), and (6) three - bedroom units (1,906 sq.ft. each). • Building Design "B" includes four buildings ( #12, 14, 15, and 17) of seven units each. These seven units consist of (2) two - bedroom unit (1,418 sq.ft.), (5) three - bedroom units (1,906 sq.ft. each). • Building Design "C" includes five buildings ( #1, 2, 3, 8, and 13) of six units each. These six units consist of (2) two- bedroom units (1,418 sq.ft.) (4) three - bedroom units (1,906 sq.ft. each). • Building Design "D" includes 2 buildings ( #7 and 9), of five units. These eight units consist of (1) two- bedroom units (1,418 sq.ft.), and (4) three - bedroom units (1,906 sq.ft. each). All units include either a one or two car garage; 3. Construction of a recreational area consisting of a swimming pool with deck, tot lot, rest rooms, ping -pong tables roofed area and cabana area; 4. Construction of 0.50 acres lake; Site Plan Review & Appearance Board Staff Report - Meeting of October 24, 2007 Midtown Delray — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 4 5. Provision of a 0.37 acres upland preserve area located on the northwest side of the site and a 0.09 acres upland preserve area located on the northeast area of the site; 6. Construction of an interior access road and parking; 7. Installation of a sidewalk, and pave brick driveways; 8. Provision of a bus shelter easement; and 9. Installation of associated parking and landscaping. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application /request. LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K), as it pertains to the SAD (Special Activities District) zoning district requirements: * The applicant has requested a waiver to LDR Section 4.6.16(D)(2)(b) which requires 25% of the required 25% open space to be in the form of preserved natural plant communities. At its meeting of October 16, 2007, The City Commission had significant concerns on the five waivers requested by the applicant and indicated they would be reluctant to support any waivers particularly #3. Thus, it is attached as a condition of approval that the applicant shall at a minimum revise the site plan and landscape plan to comply with LDR Section 4.6.16 (D) (2) (b). Performance Standards: The purpose and intent statement of the SAD District is to provide a zoning district for projects which are not otherwise classified or categorized in other zone districts. The zoning designation which would accommodate the proposed 116 townhouse residential development use would be the RM (Multiple Family Residential — Medium Density). The Medium Density Residential (RM) District provides a residential zoning district with flexible densities having a base of six (6) units per acre and a maximum of twelve (12) units per acre. The actual density of a particular RM development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. The SAD zoning district allows the applicant to establish the project development standards via the proposed site plan and the amendment of the existing SAD Ordinance 51 -95. For the sake of good planning principals geared towards obtaining a good architectural product, it is recommended that the Midtown Delray project (insofar as possible) comply with the required performance standards to mitigate the impacts of the increased density and ensure that the project would be compatible with surrounding land uses and development patterns. Required Provided Building Height: Residential Component 48' 31' -7" Medical Offices 48' 46' Open Space 25% 38.2% 25% of the Open Space for the Upland Preserve 25% 18.62% Perimeter Setback 15' 15'— 18' * The applicant has requested a waiver to LDR Section 4.6.16(D)(2)(b) which requires 25% of the required 25% open space to be in the form of preserved natural plant communities. At its meeting of October 16, 2007, The City Commission had significant concerns on the five waivers requested by the applicant and indicated they would be reluctant to support any waivers particularly #3. Thus, it is attached as a condition of approval that the applicant shall at a minimum revise the site plan and landscape plan to comply with LDR Section 4.6.16 (D) (2) (b). Performance Standards: The purpose and intent statement of the SAD District is to provide a zoning district for projects which are not otherwise classified or categorized in other zone districts. The zoning designation which would accommodate the proposed 116 townhouse residential development use would be the RM (Multiple Family Residential — Medium Density). The Medium Density Residential (RM) District provides a residential zoning district with flexible densities having a base of six (6) units per acre and a maximum of twelve (12) units per acre. The actual density of a particular RM development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. The SAD zoning district allows the applicant to establish the project development standards via the proposed site plan and the amendment of the existing SAD Ordinance 51 -95. For the sake of good planning principals geared towards obtaining a good architectural product, it is recommended that the Midtown Delray project (insofar as possible) comply with the required performance standards to mitigate the impacts of the increased density and ensure that the project would be compatible with surrounding land uses and development patterns. Site Plan Review & Appearance Board Staff Report - Meeting of October 24, 2007 Midtown Delray — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 5 Pursuant to LDR Section 4.4.6(H)(1), a minimum density of six (6) units per acre is established for multiple - family housing projects within RM district. Density may exceed the base of six units per acre only after the approving body makes a finding that the project has substantially complied with performance standards as listed in LDR Section 4.4.6(1). In no event shall a development's total density exceed twelve units per acre. The intent of the standards is to mitigate the impacts of the additional density both external and internal to the site. If a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, then the project will be awarded the maximum density. Projects which only partially achieve these standards will be permitted a lower density. It should be emphasized that the RM zoning district regulations do not govern the requirements for this SAD; however, they are used as a reasonable base from which to evaluate the proposal The property is zoned SAD and the proposed (116) unit townhouse development represents 11.76 units per acre (116 residential units / 9.86 acres = 11.76 du /acre). Thus, for the sake of good planning principals geared towards obtaining a good architectural product, it is recommended that the Midtown Delray project should meet the development standards listed in LDR Section 4.4.6(1). These performance standards and the extent to which they have been met are as follows: a) The traffic circulation system is designed to control speed and reduce the volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exits into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 25 m.p.h. The 116 townhouses have been oriented along the perimeter of an interior street system, which loops around the development beginning and ending along the east property line with a landscaped island focal point located at the entrance of the development. Traffic calming devices consisting of paver brick pedestrian crosswalks have been proposed at the entrance to the recreational pool area, the tot lot area, and other strategic locations. These traffic calming devices will control speed within the development. The applicant has also indicated that a 20 M.P.H. speed limit will be posted for the development. These proposed elements should be adequate means to control speed within the development. Therefore, the proposed development complies with this performance standard. b) Buildings are placed along the development in a manner that reduces the overall massing, and provides a feeling of open space. Despite the configuration of the lot, which has a north to south diminishing width, the proposed three story buildings have been placed on the site in a manner that maximizes the view of the open spaces and upland preserve areas. Given the location of the proposed 0.50 acre lake on the center of the site, and the upland preserve areas on the northeast and northwest portion of the site, the townhouses, the tot lot area, and the pool area have been placed in a manner that allows a partial view of the proposed lake and upland preserve areas. The proposed development contains 2, five -unit buildings, 5, six -unit buildings, 4, seven -unit buildings, and 6, eight -unit buildings which provide variations in the front elevations and will help lessen the potential perception of massing of the development. All buildings will be three stories in height. While internally the development appears tight, a 15' perimeter setback and landscape buffer to the exterior of the development provides a feeling of open space to the public. Thus, the proposed development complies with this performance standard. Site Plan Review & Appearance Board Staff Report - Meeting of October 24, 2007 Midtown Delray — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 6 c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree over 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25 % or more; and a hedge, wall or fence is provided as a visual buffer between the properties. The following zoning designations and uses abut the subject property: Zoning Designation I Use The development proposal will not hinder development or redevelopment of nearby properties. The existing adjacent land uses are fully developed and will not be negatively impacted by the proposed development. It should be noted that the current proposal is less intense than the prior approval which could include residential development at the proposed density at up to 12 units per acre; and office, commercial and industrial uses (packing plant) development up to 65,000 sq. ft. The proposed development does pose traffic concerns which include conflicts with the Orchard View Elementary School traffic which utilizes the same primary access road (Park Access Road) to transgress to Linton Boulevard. The future residents will experience difficulty in entering and exiting the development between peak operating hours of the school. Although the residential development to the west (Hammock Preserve) is less dense at 8 du /ac, the applicant has provided a substantial landscape buffer 15 foot wide which includes Cabbage Palm, Sabal Palmeto, Geiger, Dahoon Holly, Mahogany, Satin Leaf, Shady Lady and Southern Live Oaks trees under planted with a 36" high Viburnum hedge. Along the south property line 8' high Areca Palm trees are provided under planted with a Viburnum hedge. The proposal has increased the landscaping material adjacent to the residential developments. Thus, the development proposal complies with this performance standard. (d) The development offers varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi - family buildings, the planes of the facades are offset to add interest and distinguish individual units). Buildings elevations incorporate diversity in window and door shapes locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. The front and rear elevations for the proposed residential building involve an ensemble of complementary colors consisting of white, light cream, green, coral, and dark brown for the walls and a clay color for the "S" tile roof. The clay color roof and light brown shutters RL (Multiple Family Residential - Low Shady Woods North: Density) South: RM -8 (Multiple Family Residential - 8 Hammock Reserve units per acre CF (Community Facilities) and OSR Fire Station and Orchard View Park East: (Open Space Reserve) Orchard View Elementary School RM -8 (Multiple Family Residential - 8 Hammock Reserve West: units per acre The development proposal will not hinder development or redevelopment of nearby properties. The existing adjacent land uses are fully developed and will not be negatively impacted by the proposed development. It should be noted that the current proposal is less intense than the prior approval which could include residential development at the proposed density at up to 12 units per acre; and office, commercial and industrial uses (packing plant) development up to 65,000 sq. ft. The proposed development does pose traffic concerns which include conflicts with the Orchard View Elementary School traffic which utilizes the same primary access road (Park Access Road) to transgress to Linton Boulevard. The future residents will experience difficulty in entering and exiting the development between peak operating hours of the school. Although the residential development to the west (Hammock Preserve) is less dense at 8 du /ac, the applicant has provided a substantial landscape buffer 15 foot wide which includes Cabbage Palm, Sabal Palmeto, Geiger, Dahoon Holly, Mahogany, Satin Leaf, Shady Lady and Southern Live Oaks trees under planted with a 36" high Viburnum hedge. Along the south property line 8' high Areca Palm trees are provided under planted with a Viburnum hedge. The proposal has increased the landscaping material adjacent to the residential developments. Thus, the development proposal complies with this performance standard. (d) The development offers varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi - family buildings, the planes of the facades are offset to add interest and distinguish individual units). Buildings elevations incorporate diversity in window and door shapes locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. The front and rear elevations for the proposed residential building involve an ensemble of complementary colors consisting of white, light cream, green, coral, and dark brown for the walls and a clay color for the "S" tile roof. The clay color roof and light brown shutters Site Plan Review & Appearance Board Staff Report - Meeting of October 24, 2007 Midtown Delray — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 7 combined with the dark brown window frames and black railing for the balconies provide a nice accent to the Floridian style of architecture of the buildings. It should be noted that pursuant to LDR Section 4.6.18 (13)(1), buildings or structures which are a part of a present or future group shall have a unity of character and design. The relationship of forms and the use, texture, and color of materials shall be such as to create a harmonious whole. When the area involved forms an integral part of, is immediately adjacent to, or otherwise clearly affects the future of any established section of the City (such as the Hammock Reserve residential development), the design, scale and location on the site shall enhance rather than detract from the character, value, and attractiveness of the surroundings. The applicant has redesigned the residential buildings to avoid the blank wall effect of the side elevations. A similar design treatment given to the front elevation has been provided on the side and rear elevations by incorporating new design elements such as Bahamas shutters and decorative corbels. Incorporating windows on the rear elevations (ground floor) will allow some light and illumination to the hallways that lead into the stairs for the upper floors of the townhouse buildings. The 3 -story office building will feature a combination of hipped and gabled roof. The roof will have mostly brown barrel tile with a portion of standing seam metal copper color roof. The walls for the first floor including the body and capitals for the columns will be painted with a sepia tan color. The proposed 2 foot high waterline that wraps around the building and the supporting column basement will be painted with a marquis orange, while the upper floor exterior walls will be painted with a very light yellow color. One shape and size of windows are being proposed for the office building. Thus, positive findings can be made with respect to this performance standard. (e) A number of different unit types. Sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi - family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. The project provides two and three - bedroom units along with one -car garage and a two car driveway. The two- bedroom units are 1,418 square feet and the three - bedroom units have 1,906 square feet. Variety has been provided to accommodate households of various sizes and ages. Based upon the above, this standard has been partially accommodated. (t) The development is designed to preserve and enhance existing natural areas and /or water bodies. Where no such areas exist, new areas, which provide open space and native habitat, are created and incorporated into the project. The site has two main upland preserve areas that will be impacted by the proposed development. One wooded upland preserve area is located along 'Park Access Road" and the other upland preserve area is located at the entry onto Old Germantown Road from Linton Boulevard. Pursuant to the Comprehensive Plan Open Space and Recreation Element, Objective B -2, natural areas which provide relief from the urban fabric, provide a glimpse of the natural environment of South Florida, provide a natural laboratory for exploration of the area's history, and provide for a balance between the natural and man- made environment shall be preserved. The removal of large specimen trees and a massive wooded area along the "Park Access Road" will adversely affect the neighboring area since it will change the character of the neighborhood. Every property is unique with respect to natural areas and each proposed development must be reviewed in context. Site Plan Review & Appearance Board Staff Report - Meeting of October 24, 2007 Midtown Delray — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 8 The applicant has requested a waiver to LDR Section 4.6.16(D)(2)(b) which requires 25% of the required 25% open space to be in the form of preserved natural plant communities. In that regard, at its meeting of October 16, 2007, The City Commission had significant concerns on the five waivers requested by the applicant and indicated they would be reluctant to support any waivers particularly #3. Thus, it is attached as a condition of approval that the applicant shall at a minimum revise the site plan and landscape plan to comply with LDR Section 4.6.16 (D) (2) (b). The development has attempted to address this performance standard, in part, with the introduction of some littoral planting areas in the proposed 0.5 acres lake. Therefore, positive findings cannot be made with respect to this performance standard. (g) The project provides a convenient and extensive bicycle /pedestrian network, and access to available transit. The project includes a five foot wide sidewalk on one side of the proposed interior street and that connects townhouse buildings, the pool /cabana recreation area, the tot lot, the guest parking areas, and Linton Boulevard at the entrance to the office development which will provide a pedestrian connection to the available mass transit system. As discussed in greater detail later in this staff report, the development is required to provide a bus shelter easement at the northeast corner of the property which has been indicated on the site plan. Pursuant to LDR Section 6.1.3 (A), the primary purpose of sidewalks is to provide a safe place for pedestrian to travel. Generally, sidewalks are required along both sides of all streets. There is not a pedestrian connection between Park Access Road, Linton Boulevard and the residential development. Accordingly, a 5' wide minimum sidewalk needs to be provided along Park Access Road and Linton Boulevard, and thus, this is attached as a condition of approval. Positive findings can be made with respect to this performance standard, provided all conditions of approval are met. In conclusion, a finding of substantial compliance can be made with regard to performance standards (a), (b), (c), (d), and (g). Performance standard (e) has partially been met and performance standard (f) has not been accommodated. Therefore, based on the above analyis, positive findings can be made with respect to five (5) of the seven (7) performance standards, and the performance standard requirements of the RM zoning district will have been adequately addressed to support the proposed density of 11.76 units per acre. Parkins: Pursuant to LDR Section 4.6.9(C)(2)(c), the parking requirements for one, two and greater bedroom dwelling units within a multiple - family structure are to be provided as follows: Efficiency dwelling unit 1.0 space /unit One bedroom dwelling unit 1.5 spaces /unit Two or more bedroom dwelling unit 2.0 spaces /unit Guest parking shall be provided cumulative) as follows: first 20 units 0.50 spaces/unit for units 21 -50 0.30 spaces/unit for units 51 and above 0.20 spaces/unit Two or more bedroom dwelling units shall provide two (2) spaces per unit and one -half (0.5) a space of guest parking per dwelling unit up to the first 20 units, 0.3 spaces per unit for units 21- 50, and 0.2 spaces per unit for units 51 -109. Thus, the one hundred and sixteen (116) unit development is required to provide two hundred and sixty three (263) total parking spaces for the residential component of the project. Pursuant to LDR Section 4.6.9(C)(2)(b) and (c), Site Plan Review & Appearance Board Staff Report - Meeting of October 24, 2007 Midtown Delray — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 9 governmental, medical and dental offices, including clinics, mental health treatment facilities, and rehabilitative services, shall provide five (5) spaces per 1,000 sq. ft. of gross floor area, thus, the medical office component of the project will require 148 parking spaces. A total of 411 parking spaces will be required for the proposed development. Pursuant LDR Section 4.6.9 (c) (2), within townhouse developments, driveways may be used for guest parking, provided that such parking does not result in the space for one unit impeding access to a space of the other. Following is a detailed breakdown of the proposed parking: The development proposal will provide a total of four hundred sixty nine (469) parking spaces for the residential component of the project. Two hundred eight (208) parking spaces are provided within 104 — two car garages and twelve (12) parking spaces are provided within 12 — one car garages. Two hundred eight (208) guest parking spaces are provided within each driveway for the two car garage units, and eleven (11) guest parking spaces within the driveway for the one car garage units, and 33 additional parking spaces are provided as guest parking spaces along the interior street throughout the development. The medical office component of the project will provide 148 parking spaces. In summary, a total of 620 parking spaces are being provided (208 +208 +12 +11 +33 +148 =620) while 408 parking spaces are required. Therefore, this LDR requirement has been met. Handicapped Accessible Parking: Pursuant to LDR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Accessibility for residential structures is covered by the Federal Fair Housing Act. Pursuant to this act, two percent (2 %) of the parking spaces serving the development must be handicapped accessible and accessible visitor spaces should be provided at a rate in accordance with the local code. Based upon the 148 parking spaces required for the medical office building, the development needs to provide a minimum of three (3) handicap accessible parking spaces and five (5) handicap accessible parking spaces have been provided. The residential component is required to provide five handicap accessible parking spaces and five (5) handicap accessible parking spaces have been provided, thus this requirement has been met. Pursuant to LDR Section 4.6.5 and the Florida Accessibility Code for Building Construction, the height clearance of the handicap parking areas for the office component need to be nine and one -half feet (95) to allow the access of handicap vans. A note to this effect shall be placed on the site plan, and thus this attached as a condition of approval. Minimum Residential Floor Area: The following table indicates that the proposal complies with LDR Section 4.3.4(K) [Minimum residential floor area]. There are ten two- bedroom residential units with a size 1,418 square feet each and 106 three - bedroom residential units with a size 1,906 square feet. Based upon the above, this LDR requirement has been met. Standard','' S . Ft. Provided S . Ft. - Total Units ;Compliance with LDR Y N Efficiency 400 1 Bedroom Units 600 2 Bedroom Units 900 1,418 10 3 Bedroom Units 1,250 1,906 106 4 Bedroom Units 1,500 Site Plan Review & Appearance Board Staff Report - Meeting of October 24, 2007 Midtown Delray — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 10 Perimeter Setbacks for SADs Pursuant to Section 4.4.25(D)(1), a minimum setback of 15 feet shall be established around the perimeter of any property developed under the SAD designation. Within the front and any side street setback, the 15 -foot setback shall be landscaped and no pavement shall be allowed therein except for pedestrian ways and driveways which provide access to the property and which are generally perpendicular to the abutting street. The proposed development meets and in some cases exceeds the required 15' setback. Lighting Pursuant to LDR Section 4.6.8, site lighting, limited to a maximum height of 25', must be provided on -site and be consistent with the illumination level requirements included in this section. Further, cutoff luminaries or fixtures provided with cut -off shielding shall be used around the perimeter of the proposed development in order to limit glare and light spillage onto adjacent properties. Standard "Lumec" style light fixtures will be provided for the roadway while standard "Pappi Lighting" style light fixtures will be provided for the parking lot. The proposed pole's height, including the mounted fixture, will range from 19' -4" (Lumec style for roadway area) to 24' -9" (Pappi Lighting style for the parking lot area) above finished grade. The photometric plan included with the submittal complies with LDR Section 4.6.8, and thus, this LDR requirement has been met. Open Space Pursuant to LDR Section 4.3.4(K), within the SAD zoning district, a minimum of 25% open space is required. With a total of 38.2% provided, the LDR open space requirement has been met. Sidewalks: Pursuant to LDR Section 6.1.3 (A), the primary purpose of sidewalks is to provide a safe place for pedestrian to travel. Generally sidewalks are required along both sides of all streets. Thus, it is attached as a condition of approval, that a 5' wide sidewalk shall be provided along Park Access Road and Linton Boulevard and that the sidewalk shall be depicted on the site plan, landscape plan, and engineering plans. Special Landscape Setback: Pursuant to 4.3.4(H)(6)(b)(4), along Linton Boulevard, from A -1 -A to the western City limits, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'). The proposed development provides a 30' landscape setback along Linton Boulevard. Thus, this LDR requirement has been met. Bicycle Parking: Pursuant to LDR Section 4.6.9(C) (1) (c) and Transportation Element Policy D -2.2 of the Comprehensive Plan, a bicycle parking facility has been provided in close proximity to the pool /cabana recreational area and the tot lot, and thus, this LDR requirement has been met. Placing the bicycle parking facility at this location will provide a greater level of usability for residents and guests. It is anticipated that the occupants of the residential dwelling units will utilize their individual units for storage of their bicycles. Site Plan Review & Appearance Board Staff Report - Meeting of October 24, 2007 Midtown Delray — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 11 Other Items: Bus Shelter: Pursuant to Transportation Element Policy A -1.3, the City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. Therefore, it is appropriate that a bus shelter easement be provided. A bus shelter easement along Linton Boulevard has been provided and depicted on the site plan. In addition, a bus shelter shall be constructed according to specifications that will be provided by the City Engineer, and thus, this is attached as a condition of approval Subdivision Plat: Pursuant to LDR Section 4.3.3(0)(2), each townhouse, or townhouse type development shall be platted with a minimum designation of the interior street as a tract. As the proposed townhouse development will be of condominium ownership and involves reconfiguration of lot lines, a subdivision plat is required. The plat must be recorded prior to issuance of any building permits, and is attached as a condition of approval. Right of Way Dedication: Linton Boulevard: Pursuant to Table T -1 of the Transportation Element of the Comprehensive Plan, the ultimate right -of -way width for Linton Boulevard is 120 and 106' currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions or require dedications in right -of- way width. The City Engineer and DSMG have reviewed this item and have determined that the current right -of -way width of 106' is sufficient for this section of Linton Boulevard. Sight Visibility Triangles: Pursuant to LDR Section 4.6.14, the 20' and 40' visibility triangles need to be noted at the intersections of driveways /rights -of -way and at the intersection of two public rights -of -way. The required sight visibility triangles have been depicted on the site plan and landscape plan, and thus, this LDR requirement has been met. Refuse Enclosure: Pursuant to LDR Section 4.6.6(C) (1), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right -of -way. The development proposal includes recycling containers and a roll -out dumpster with swinging doors accessible from the parking lot of the medical office building. The applicant has stated that maintenance personnel will transfer the trash to the dumpster. A detailed plan which identifies the height, screening materials, and gating to be used for the refuse enclosure has been provided, and thus, this LDR requirement has been met. Underground Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development and a note to this affect has been placed on the master utility plan. Thus, this LDR requirement has been met Site Plan Review R Appearance Board Staff Report - Meeting of October 24, 2007 Midtown Delray — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 12 WORKFORCE HOUSING: There are 116 townhouse units proposed within the subject property. This equates to an overall density of 11.76 dwelling units per acre. The applicant has indicated that out of the 116 townhouse units proposed, thirty -two (32) will be workforce housing units for low to moderate income families. It is noted that the thirty -two (32) workforce housing units proposed have been clearly indicated on the site plan, and thus, this requirement has been met. For Sale Housing Units: Pursuant to LDR Section 4.7.7, there are numerous requirements that apply to the sale of owner- occupied workforce housing units. These stipulations identify the terms under which these units need to be sold such as eligibility, occupancy, and terms of purchase. A condition of approval is attached that the units are sold in accordance with this section. Resale and Subsequent Rentals of Affordable Units: Pursuant to LDR Section 4.7.8, to maintain the availability of workforce housing units which may be constructed pursuant to the requirements of this program, numerous restrictions have been put into place on the resale of workforce housing. A condition of approval is attached that the terms of resale of these units, pursuant to LDR Section 4.7.8, be included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach County. Covenants Enforcement: Pursuant to LDR Section 4.7.9(g), the City of Delray Beach, its successors and assigns may enforce the covenants. No amendments to the covenants shall be made unless by written instrument approved by the City, and thus, this is attached as a condition of approval. Location of Workforce Housing Units: Pursuant to LDR Section 4.7.9(a) and (b), If not located offsite, all workforce housing units constructed or rehabilitated under the work force housing program shall be situated within the development so as not to be in less desirable locations than market -rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market -rate units. Workforce housing units, if located within a market rate unit development or located offsite, shall be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate units and provide them as standard features. It is noted that all 32 workforce housing units have been placed along Park Access Road within buildings # 1, 3, 5, 7, and 17. Thus, it is attached as a condition of approval that workforce housing units shall be evenly distributed among all proposed townhouse buildings. Review and Approval Process: Pursuant to LDR Section 4.7.10(a), final conditions of approval shall specify that the restricted units are priced and /or rented at workforce housing levels and shall state that those units shall be rented and /or sold to the eligible income group. The conditions will also specify the requirements for reporting to the City's Community Improvement Department on buyer eligibility, housing prices, as well as any applicable requirement to record a covenant or to enforce resale restrictions. A condition of approval is attached that requires the reporting to the Community Improvement Department on buyer eligibility and housing prices. The applicant shall include Site Plan Review & Appearance Board Staff Report - Meeting of October 24, 2007 Midtown Delray — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 13 clear language in the Home Owners Association documents as to how the maintenance fee for the workforce housing units will be established and that the proposed maintenance fee be approved by the City, and thus, this is attached as a condition of approval. Site & Engineering Plan Technical Items: While the revised site plan has been submitted to accommodate staff concerns, there are a few outstanding technical comments included in Appendix C that need to be addressed. LANDS:C"APE ANALYSIS, A landscape plan has been submitted and evaluated by the City Horticulturalist. There are several technical items that need to be addressed. Landscape Plan Technical Items: While the landscape plan has accommodated most of the staff concerns the following items remains outstanding, and must be addressed prior to building permit submittal: The applicant has modified the waiver request from LDR Section 4.6.16(D)(2)(b) which requires 25% of the required 25% open space to be in the form of preserved natural plant communities, however, the plan is still deficient in meeting the 25% preservation requirement; only 19% has been provided. Although it is an improvement, I do not support the waiver request since they have failed to demonstrate that the waiver does not diminish or change the character of the neighborhood and the request would in fact, grant a special privilege, in that the same waiver has not been granted under similar circumstances on other property for another applicant or owner. The letter for request of waiver from their attorney's office Weiner & Aronson, PA, states that they meet the findings and should be allowed to reduce their preserve. With respect to (A) I think that the removal of large specimen trees and a massive wooded area along the 'Park Access Road" and the entry onto Old Germantown Road from Linton Boulevard will adversely affect the neighboring area since it will change the character of the neighborhood with the removal of significant wooded areas and towering specimen trees. Objective B -2 of the Comprehensive Plan Open Space provides language that supports the importance of maintaining these natural areas. Natural areas which provide relief from the urban fabric provide a glimpse of the natural environment of South Florida, provide for a balance between the natural and man -made environment and shall be preserved. 2. As to meeting the findings in (D), I do think they would be granted a special privilege if they were to be granted the reduction in the required preservation areas. Every property is unique with respect to natural areas and each application must be reviewed in context. This is not a waiver request that should be taken lightly as it will surely set a precedent for other development in the City. 3. Per Land Development regulations 4.6.19 (D) (1) (2), all existing native plant communities on sites proposed for development shall be preserved where possible through their incorporation in the required open space. Only a portion of the natural areas are proposed for preservation. All development proposals shall protect existing trees on site to the fullest extent possible. Exceptional specimen trees greater than 24" in diameter shall be preserved in 'location'. Trees shall be relocated on site if saving them in place is not an option. There are 21 native Ficus aurea trees on the site and only three of them are being 'saved in location'. Site Plan Review & Appearance Board Staff Report - Meeting of October 24, 2007 Midtown Delray — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 14 4. Per the Comprehensive Plan Objective A -3, the development of the remaining vacant land shall provide for the retention of open space and natural resources. This objective shall be met through Policy A -3.3. Proposed development shall accommodate required open space as provided for under Objective B -1 of the Open Space and Recreation Element, which states: The retention of open space is vital to meeting the overall themes of the Comprehensive Plan. Part of the image of open space is that of vistas and streetscapes. The maintenance of vistas and enhancement of streetscapes are objectives which shall be accomplished by the following. Policy 8 -1.1 Large open space areas like golf courses and lakes, when developed within a subdivision, shall be located so that they provide a view corridor for the general public. The lake is not only restricted from view for the general public, but only the townhouses surrounding the lake have a view of the lake. The vista coming in from the main entrance provides no view of the lake. 5. Please provide Building numbers on landscape plan. 6. No dimensions have been provided for landscaped areas between driveways. Provide a Detail Y4" =1' for the typical landscape designs in front of units. Some areas seem too small for the Live Oaks proposed. 7. No dimensions have been shown on floor plans. It is typical that although a garage is stated as being 20'x 17' it scales from inside wall to inside wall as 19'x 16'. 8. There seem to be an inordinate number of FP &L transformers. Their locations prohibit the installation of trees in front of the units and along the streetscape. There are several locations where there are no trees for a distance of sixty feet. 9. Some street light locations are close to proposed canopy trees. Since trees are not shown at the average mature spread of canopy, there could be a blockage of light in a fairly short time period. Review these areas for adjustments as needed. 10. The landscaping along the streets is very minimal because there is little pervious area to provide landscaping. The streetscape is comprised of side -by -side driveways without any relief. Landscape nodes roughly 10 feet in width occur every other driveway. The landscaping within the nodes is limited to half the length of the space (about 6 feet), since it often coincides with a utility easement, so half the node is shrubs and ground covers and half is sod. Typically there are 6 shrubs, various numbers of ground covers and 1 shade tree. Applicant indicated they have addressed this comment, but the plans have not changed significantly since my last review. There are several buildings where the shrubs and ground covers in front of the door are missing (Building # 7, # 9, # 14, # 15). There are also thin strips between driveways where nothing is shown. What is proposed for these areas? This is an excessive distance for no landscape treatment. Building # 5, # 6, #10, #11 & #16 11. SPRAB policy has been to provide a berm along major arterial roadways. Please include this and show grades and elevations on plans. Site Plan Review & Appearance Board Staff Report - Meeting of October 24, 2007 Midtown Delray — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 15 12. Striped out areas under the covered parking can be planted with shade tolerant plants. Applicant acknowledges the comment in their response, but stated there are no plans to provide landscaping in these areas. What is the purpose of these large un- landscaped areas? 13. Medool Date Palms with 18' of grey wood are shown two feet off the commercial building foundation. This will not allow for the long frond length, and possibly the root ball. The building is 52 feet in height and it is probably 34 feet until the roof starts to angle. Note: The applicant has changed the palms from Medool to Foxtail, but the Foxtail's have a frond 8' to 10' in length. There simply is not enough space provided to accommodate the foundation plantings needed to soften a building of this height and scale. The depth of the foundation planting area needs to be increased. 14. A fifteen foot wide 'landscape' buffer has been provided between the commercial and residential properties, however, there is no landscaping in this area along the extreme western end, and limited screening along the rest of the strip. The screening could be enhanced by providing intermediate level under story plantings or small trees (Simpson Stopper, Spanish Stopper, etc) below the Sabal Palms. Some of the Sabals in the group are located in sodded areas. Enlarge planting beds under Sabals and increase density of buffer. 15. A sidewalk is shown on the south side of the entry to the residential area, but it is not clear what pedestrian system this links to. If the Engineering Department has deleted the requirement for sidewalks on the west side of the Park access road, I'm not sure the need for this linkage. 16. There are five palms shown in the entry median and 3 Foxtail Palms are specified. Clarify or revise. 17. The entry plantings are symmetrical in almost every respect except for the Sabal Palms shown on the north side of the entry. The Landscape Architect may want to reconsider this design. 18. On the south side of the entry there is a landscapable area on the interior radius of the sidewalk where plant materials have not been identified. 19. The buffer for Old Germantown Road adjacent to the Commercial area seems a little disconnected. Please reposition the plant materials to the western portion of the buffer and provide a smooth transition between planting beds. LDR Section 4.6.18(B)(14) Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: 1) The plan or the proposed structure is in conformity with good taste; good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. Site Plan Review & Appearance Board Staff Report - Meeting of October 24, 2007 Midtown Delray — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 16 3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The front and rear elevations for the proposed residential building involve an ensemble of complementary colors consisting of white, light cream, green, coral, and dark brown for the walls and a clay color for the "S' tile roof. The clay color roof and light brown shutters combined with the dark brown window frames and black railing for the balconies and provide a nice accent to the Floridian style of architecture of the buildings. It should be noted that pursuant to LDR Section 4.6.18 (13)(1), buildings or structures which are a part of a present or future group shall have a unity of character and design. The relationship of forms and the use, texture, and color of materials shall be such as to create a harmonious whole. When the area involved forms an integral part of, is immediately adjacent to, or otherwise clearly affects the future of any established section of the City (such as the Hammock Reserve residential development), the design, scale and location on the site shall enhance rather than detract from the character, value, and attractiveness of the surroundings. The applicant has redesigned the residential buildings to avoid the blank wall effect of the side elevations. A similar design treatment given to the front elevation has been provided on the side and rear elevations by incorporating new design elements such as Bahamas shutters and decorative corbels. Incorporating windows on the rear elevations (ground floor) will allow some light and illumination to the hallways that lead into the stairs for the upper floors of the townhouse buildings. The 3 -story office building will feature a combination of hipped and gabled roof. The roof will have mostly brown barrel tile with a portion of standing seam metal copper color roof. The walls for the first floor including the body and capitals for the columns will be painted with a sepia tan color. The proposed 2 foot high waterline that wraps around the building and the supporting column basement will be painted with a marquis orange, while the upper floor exterior walls will be painted with a very light yellow color. One shape and size of windows are being proposed for the office building. Thus, positive findings can be made with respect to LDR Section 4.6.18 (E), provided all conditions of approval are met. REQUIRED FINO1NGS Pursuant to LDR Section 3.1.1 (Required Findings), prior to the 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 following areas: LDR Section 3.1.1(A) - Future Land Use Map: The subject property has a Future Land Use Map designation of TRN (Transitional) and a zoning designation of SAD (Special Activities District) which are consistent with one another. The proposed town house residential development and medical office building are permitted uses on the property as depicted on the proposed site plan. The residential and medical office uses are compatible with surrounding existing development and the residential character of the area. They are consistent with the adjacent development pattern to the south, east, and west of the subject property. Further, LDR Section 4.4.13(6)(4) states that multiple - family dwelling units, excluding duplexes, are permitted with a density up to 30 units per acre. It is noted the Site Plan Review & Appearance Board Staff Report - Meeting of October 24, 2007 Midtown Delray — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 17 overall density is 11.76 units per acre. Thus, positive findings can be made with respect to FLUM consistency. LDR Section 3.1.1(6) - Concurrency: As described in Appendix "A ", a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. LDR Section 3.1.1(C) - Consistency (Standards for Site Plan Actions): As described in Appendix "B ", a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. LDR Section 3.1.1(D) - Compliance with the Land Development Regulations: As described under the Site Plan Analysis section of this report, a positive finding of compliance with the LDRs can be made when all outstanding items attached as conditions of approval are addressed. Comurehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan was conducted and the following applicable objective was noted. Future Land Use Element Objective A -1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. By practice and policy, the SAD zoning designation is deemed consistent with the underlying land use as shown on the Future Land Use Map (FLUM). The FLUM designation "Transitional' appropriately reflects the proposed land use medical office in the northern portion of the site as a transition to the residential component to be located on the southern portion of the property. Along Linton Boulevard, a combination of commercial, residential, and community facility uses exist. The modification of the SAD to accommodate the residential and medical office component will not negatively impact the existing land uses in the area. Additionally, the medical office building provides a suitable transition into the medium density residential uses to the south. In terms of fulfilling land use needs, the City has experienced a rapid increase in multi- family development in recent years and there still exist a need to provide this use, particularly workforce housing. The Housing Element of the Comprehensive Plan calls for the provision of infill housing as well as the development of property to provide a variety of housing types. This development proposal fulfills these needs. Housing Element Policy A -12.3 — In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Site Plan Review & Appearance Board Staff Report - Meeting of October 24, 2007 Midtown Delray — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 18 The subject property is adjacent to a residential zoning districts to the south and west is the Hammock Reserve; to the east is Fire Station # 1 and Orchard View Park CF (Community Facilities) and OSR (Open Space Recreational); and to the north is Shady Woods, RL (Multiple Family Residential - Low Density). Based upon the Palm Beach County Trip Generation Rates, the new trips generated for the development will be 1,813 ADT (Average Daily Trip) and would generate a total of 127 A.M. and 163 P.M. peak hour trips. These trips can be accommodated in the adjacent roadway. The proposed development does pose traffic concerns which include conflicts with the Orchard View Elementary School traffic which utilizes the same primary access road (Park Access Road) to transgress to Linton Boulevard. The future residents will experience difficulty in entering and exiting the development between peak operating hours of the school. However, the existing adjacent land uses are fully developed and will not be negatively impacted by the proposed development. It should be noted that the current proposal is less intense than the prior approval which could include residential development at the proposed density at up to 12 units per acre, and office, commercial and industrial uses (packing plant) development up to 65,000 sq. ft. Although the residential development to the west (Hammock Preserve) is less dense at 8 du /ac, the applicant has provided a substantial landscape buffer which includes Cabbage Palm, Sabal Palmeto, Geiger, Dahoon Holly, Mahogany, Satin Leaf, Shady Lady and Southern Live Oaks trees under planted with a 36" high Viburnum hedge. Along the south property line 8' high Areca Palm trees are provided under planted with a Viburnum hedge. The proposal has increased the landscaping material adjacent to the residential developments. Based upon the above, the proposed development will pose traffic concerns which include conflicts with the Orchard View Elementary School traffic which utilizes the same primary access road (Park Access Road) to transgress to Linton Boulevard. Transportation Element Policy A -1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Train to improve the system. Pursuant to Transportation Element Policy A -1.3: The City endorses the continued operations of the Palm Train Transit System and its operations in Delray Beach, and through policies of this Element, will coordinate with Palm Train to improve the system. Therefore, it is appropriate that a bus shelter easement be provided. A bus shelter easement along Linton Boulevard has been provided and depicted on the site plan. In addition, a bus shelter shall be constructed according to specifications that will be provided by the City Engineer, and thus, this is attached as a condition of approval. Open Space and Recreation Element Policy A -3.1 — Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. The development proposal includes recreational facilities such as a swimming pool, cabana area, covered area for ping -pong tables, and tot lot. The tot lot is appropriate for toddlers, and the swimming pool and ping -pong tables are appropriate for children and adults. Thus, the recreation area provided is considered appropriate. Based upon the above amenities, compliance with the above regulation has been achieved. Site Plan Review & Appearance Board Staff Report - Meeting of October 24, 2007 Midtown Delray — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 19 Open Space and Recreation Element Policy B -13: New developments shall provide central focal points at entries and landscape buffers along the external (arterial, collector) streets which service them. Although the residential development to the west (Hammock Preserve) is less dense at 8 du /ac, the applicant has provided a substantial landscape buffer which includes Cabbage Palm, Sabal Palmeto, Geiger, Dahoon Holly, Mahogany, Satin Leaf, Shady Lady and Southern Live Oaks trees under planted with a 36" high Viburnum hedge. Along the south property line 8' high Areca Palm trees are provided under planted with a Viburnum hedge. A focal point (Landscape Island) at the entry of the development is also being provided. The focal point includes: five Fox Tail palm trees under planted with Variegated Arboricola. Based upon the above arguments, compliance with the above regulation has been achieved. 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. Policies, which will implement this objective, include: Housing Element Policy B -2.2 - The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area, and for infill projects having fewer than 25 units. All of the one hundred and six teen (116) proposed townhouses provide two (2) and three (3) bedrooms within seventeen (17) three -story buildings. The residential development is designed to accommodate families with children. Such goal is accomplished by providing a townhouse product that has a one car garage and two car garage driveway, large room sizes, appropriate recreational facilities including a swimming pool, cabana area and a tot lot, and differing floor plans that could appeal to different age groups and household sizes. Consequently, the proposed development is consistent with this housing policy. LDR Section 2.4.5 (F) (5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered on the north side by RL (Multiple Family Residential - Low Density), the south and west RM -8 (Multiple Family Residential - 8 units per acre) and to the east the CF (Community Facilities) and OSR (Open Space Reserve). The existing land uses are the vacant structures for the Blood's Orange Grove. Compatibility is not a concern, as residential uses exist on the surrounding properties. As described under Housing Element Policy A -12 -3 additional perimeter landscaping has been provided to mitigate any potential impacts. This multiple family development will be compatible and harmonious with the adjacent and nearby properties and should enhance property values in the area. The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or CRA (Community Redevelopment Agency). Site Plan Review & Appearance Board Staff Report - Meeting of October 24, 2007 Midtown Delray — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 20 Courtesv Notices: A special courtesy notice was provided to the following homeowners and /or civic organizations: • Neighborhood Advisory Council • Hammock Reserve • Shady Woods • Spanish Wells • Fox Chase • Oakmont • Verona Woods • Rabbit Hollow • Andover • Crosswinds • Abbey Delray South Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. AS'SE5SNlENT A ': C0'N0LtJ510 N The development proposal includes the construction of a one - hundred sixteen (116) unit townhouse development with 29,571 sq. ft. of medical offices. These site improvements are being processed via an amendment to the existing SAD created by Ordinance # 51 -95. The development proposal is consistent with the policies and objectives of the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F) and Chapter 3 of the Land Development Regulations, provided the attached conditions of approval are addressed. ALT lkKAT1UE ACTIONS A. Continue with direction. B. Move approval of the Class V site plan, landscape plan and architectural elevations for Midtown Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move denial of the Class V site plan, landscape plan and architectural elevations for Midtown Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(F), and Chapter 3 of the Land Development Regulations. By Separate Motions: Site Plan: Move approval of the request for a Class V site plan for Midtown Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F) and Chapter 3 of the Land Development Regulations, subject to the following condition: That the applicable Site, Landscape Plan and Engineering Plan Technical Items as indicated in Appendix C of the staff report are addressed and four (4) copies of the revised plans are submitted; Site Plan Review & Appearance Board Staff Report - Meeting of October 24, 2007 Midtown Delray — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 21 2. That the applicant shall at a minimum revise the site plan and landscape plan to comply with LDR Section 4.6.16 (D) (2) (b); 3. That the ingress and egress drive way to the proposed development shall be modified; 4. That the proposed landscape perimeter buffer shall be substantially increased. 5. That a 5' wide sidewalk shall be provided along Park Access Road and Linton Boulevard, and that the 5' wide sidewalk be depicted on the site plan, landscape plan, and engineering plans; 6. That a plat must be recorded prior to issuance of any building permits; 7. That a bus shelter and along Linton Boulevard shall be constructed according to specifications that will be provided by the City Engineer; 8. That the workforce housing units are sold in accordance with LDR Section 4.7.7; 9. That the terms of resale of the workforce housing units, pursuant to LDR Section 4.7.8, be included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach County; 10. That no amendments to the covenants shall be made unless by written instrument approved by the City; 11. That the applicant shall coordinate with the Community Improvement Department on buyer eligibility and housing prices for the workforce housing units; 12. That the applicant shall include clear language in the Home Owners Association documents as to how the maintenance fee for the workforce housing units will be established and that the proposed maintenance fee be approved by the City; and 13. That the workforce housing units shall be evenly distributed among all proposed townhouse buildings. Landscape Plan: Move approval of the landscape plan for Midtown Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.16 of the Land Development Regulations, subject to the following condition: 1. That all Landscape Technical Items are addressed and three (3) copies of the revised plans are submitted. Architectural Elevations: Move approval of the architectural elevations for Midtown Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations, subject to the following condition: 1. That three (3) copies of the revised plans are submitted. Site Plan Review & Appearance Board Staff Report - Meeting of October 24, 2007 Midtown Delray — Class V Site Plan, Landscape Plan, and Architectural Elevations Page 22 Report prepared by: Estelio Breto, Senior Planner Attachments: • Appendix A • Appendix B • Appendix C • Site Plan • Landscape Plan Architectural Elevations APPS II0IJ "AI CONCWRRENCY FINDINGS Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and /or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: The site is already served by water and sewer service. Municipal water service is available via connection of an 8" water main which traverses the site form south to north and is connected to a 12 inch water main located along Park Access Road (Old Germantown Road). Fire protection is to be provided by various fire hydrants strategically located at 400 feet spacing throughout the development. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build -out population based on the current FLUM. Thus, a positive finding with respect to this level of service standard can be made. Sewer service is available to the site via an existing 8" sewer main which traverses the site from south to north and is connected to an existing 8" sewer main located along Orchard Lane. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build -out. Streets and Traffic: The subject property is located at northeast corner of Linton Boulevard and Old Germantown Road, approximately 1,950' east of Military Trail (4600 Linton Boulevard). According to the provided traffic study, the proposed development would generate 127 A.M. and 163 P.M. peak hour trips, with1,813 Average Daily Trip (ADT). A copy of the submitted traffic study has been transmitted to the Palm Beach County Traffic Division for review. A letter from the Palm Beach County Traffic Division stating that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance has been received, and thus, positive findings with respect to traffic concurrency can be made. Parks and Open Space: The proposed 116 residential dwelling units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, 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. A total fee of $58,000 will be required of this development for parks and recreation purposes prior to issuance of a building permit and it is attached as a condition of approval. Solid Waste: The proposed 116 residential units will generate 60.32 tons of solid waste per year (116 units x 0.52 tons = 60.32 tons). The medical office component of the proposed development will generate 68.01 tons of solid waste per year (29,571 sq. ft, x 4.6 tons = 136,026.6 / 2000 = 68.01 tons). The solid waste that would be generated can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2024. Drainage: Drainage will be accommodated on site via a drainage line with an inlet system. There should be no impact on drainage as it relates to this level of service standard. There appears to be no problems anticipated in accommodating on -site drainage; however, the Engineering Department does have technical comments regarding drainage that will need to be addressed before issuance of a building permit. Based upon the above, positive findings with respect to this level of service standard can be made. Schools: The Palm Beach County School District has approved the development proposal with respect to compliance with the adopted Level of Service for School Concurrency. APP W[31 l STANDARDS FbR $ TE PIAk ACTIONS' A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not aoolicable Meets intent of standard I X (subject to Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D -1 and D -2 of the Transportation Element. C. Not applicable Meets intent of standard X (subject to Does not meet intent Open space enhancements as described in Policies found under Objective B -1 of the Open Space and Recreation Element are appropriately addressed. D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent Appendix C Page 2 F Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. G. 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 the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Housing Element. Not applicable I X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable I X Meets intent of standard Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Appendix A Page 2 APPEN[11� � SITE PLAN ENG'INEEIR TEGMNICAL ITEM'S Preliminary Engineering Technical Comments: 1. Provide an additional isolation valve on proposed water main at northeast guest parking lot. 2. Please verify all existing water and sewer easements are shown on survey, civil and landscaping plans. 3. Irrigation system needs to be designed so it can be converted to reclaimed water when available. Location provided in explanation cannot be found on plans, clearly label location and indicate which sheet. 4. Provide sidewalk on Park Access Road and Linton Boulevard. All sidewalks shall be a minimum of 5 -feet wide and located 1 -foot off of the right -of -way line. On Linton Boulevard sidewalk must satisfy County requirements. 5. For exclusive water and sewer easements please refer to as water or sewer easement not "E.U. ". 6. Exclusive water and sewer easement cannot overlap 10 -foot general utility easement, please revise. 7. Provide handicap access from all sidewalks to pedestrian crossing and ingress /egress locations. 8. If right -of -way (80 -foot road and 20 -foot reservation) is to be abandoned at intersection of Linton Boulevard and Germantown Road, then a 12 -foot exclusive sewer easement will be required over existing force main. 9. Proposed development is "fee simple ", therefore, proposed design for potable water, sanitary sewer and fire service is unacceptable. Please re- design so services are provided for each unit. Refer to City Standard Details P.W. 9.2 and WW 4.1 for acceptable typical double connection design. Each cleanout and water meter needs to be located within boundaries of each unit. Also provide an individual fire service line to each unit. 10. Verify location of property line on survey, as survey indicates property line over Germantown Road right -of -way. 11. Provide copy of agreements and /or approvals from LWDD for proposed work in their right -of -way. 12. Please clearly show existing 8 -inch sanitary sewer force main that runs along Park Access Road and along Linton Blvd on civil plans. Appendix A Page 2 13. At Park Access Road provide sufficient right -of -way for sidewalk and a 40' x 40' right -of- way corner clip. 14. Clearly indicate proposed plans for existing 8 -inch and 12 -inch water mains and 8 -inch force main at southeast corner of site. Please use different line weights for existing and proposed work. 15. Relocate proposed water meter to customer side of easement line. 16. Provide double valves at new connection points. Double valves were not shown on sheet. 17. Provide bus shelter and easement on Park Access Road (get exact location from City and specification for bus shelter.) 18. Provide the following note on Landscape Plans, "any trees or shrubs that are placed within water, sewer or drainage easements shall conform to the City of Delray Beach Standard Details; LD 1.1 & LD 1.2." These Details are to be shown on the Landscape Plans. Landscaping plans were not provided. 19. Provide a detailed description of how each of these comments has been addressed with next submittal, along with two sets of revised plans to the City of Delray Beach Engineering Department, 434 S Swinton Ave., Delray Beach, FL 33444. 20. Additional comments may follow upon submittal of revised plans. 21. Final Engineering comments will be generated after submittal of final engineering plans and must be satisfied prior to obtaining a building permit. The following list represents Typical Final Engineering Comments that may be applicable to this project.