PLANNING AND ZONING BOARD

Transcription

1 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE: October 15, 2012 ITEM: VI. B. GENERAL DATA: Agent STAFF REPORT--- Privately initiated rezoning from POC (Planned Office Center) to SAD (Special Activities District) for the property located at the southeast corner of Linton Boulevard and South Federal Highway (1801 and 1845 South Federal Highway). Quasi-Judicial Hearing. Weiner, Lynne & Thompson, P.A. Location... Southeast corner of Linton Boulevard and Federal Highway (1801 and 1845 South Federal Highway) Property Size acres Existing FLUM... TRN (Transitional) Current Zoning... POC (Planned Office Center) Proposed Zoning... SAD (Special Activities District) Adjacent Zoning...North: PC (Planned Commercial) and RM (Multiple Family Residential - Medium Density) East: R-1-AA-B (Single Family Residential) And CD (Conservation District) South: PC (Planned Commercial); RM (Multiple Family Residential-Medium Density); R-1-AA-B (Single Family Residential. West: PC (Planned Commercial) Existing Land Use... Old Harbor Office and Bank Facility Proposed Land Use... Multiple building commercial shopping center development Water Service Available via connection to a 12 water main located on the east side of S. Federal Hwy., a 10 water main on Eve Street, and a 6 water main on the south side of Linton Boulevard. Sewer Service Available via connection to a 8 sewer main located on Eve Street.

2 ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on a privately initiated rezoning from POC (Planned Office Center) to SAD (Special Activities District) for the property located at the southeast corner of Linton Boulevard and South Federal Highway (1801 and 1845 South Federal Highway). Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. BACKGROUND The subject property is located at the southeast corner of Linton Boulevard and South Federal Highway and is approximately 9.95 acres in size. The existing development, known as the Old Harbor Office and Bank Facility, consists of 96,702 square feet of office use in three buildings: two multiple-story office buildings (one located to the north of the property and the other to the south), and a one-story office building located on the east side of the property along Linton Boulevard. The property was originally annexed into the City of Delray Beach from unincorporated Palm Beach County in the early 1980's. The property was originally assigned the Future Land Use Map designation of Transitional (TRN) and a zoning of SAD (Special Activities District). The three office buildings and associated parking were constructed in In 1991, the City of Delray Beach adopted new Land Development Regulations and the property was assigned the new zoning designation of POC (Planned Office Center), which was consistent with the existing office development. The Future Land Use Map Designation of TRN (Transitional) was retained. In 2008, as the country was heading into an economic recession, city leaders saw how volatile the automotive industry had become and became concerned that the large amount of automotive dealerships on South Federal Highway would not be sustainable in the long term. If the industry imploded and dealers began to withdraw from the area, there would be a major economic impact on the corridor and the City as a whole. The City Commission wanted the area to be evaluated and a Plan prepared that would help the area to become more sustainable. A Policy dealing with South Federal Highway was added to the Comprehensive Plan in Amendment , adopted on December 9, Following a series of visits to the area to collect land use and environmental data, staff attended two public workshops with property owners, residents and business owners in the area to discuss existing conditions, identify problems and listen to what the attendees had to say about how the area should be redeveloped. These workshops occurred in March of 2011, and those people who attended the workshops were enthusiastic and generally supportive of the planning effort. After the initial workshops, staff prepared a series of recommendations for the redevelopment area and held a second set of two workshops in June of 2011 to discuss the recommendations and get feedback from the attendees. Staff presented two alternatives for the redevelopment of the subject property at these workshops. One alternative was to rezone the property to PC (Planned Commercial) to allow development of a commercial shopping center. The second alternative was to rezone the property to AC (Automotive Commercial) to allow development of an automobile dealership. The Future Land Use Map amendment would be required in either

3 Page 2 case. Staff s recommendation was for the Planned Commercial alternative and the response from residents was generally favorable, although some residents felt that the area was better suited for automobile sales, which they also felt would be less impacting to the adjacent neighborhood. The property was acquired by the current owner in September, 2011, and an application to initiate a Future Land Use Map amendment and a zoning change to PC (Planned Commercial) was submitted on January 6, Since the proposal was in keeping with staff s recommendation, the application was supported by staff. However, residents were concerned that the redevelopment of the property would not have to comply with buffering and setback provisions which had been previously presented for inclusion in the redevelopment plan, and felt that action on the proposal should be delayed until the Plan was completed. Ultimately, the application was continued for a period of up to six months at the public hearing on the ordinance by the City Commission on April 3, This continuance was to give the applicant time to address the concerns of the residents of the adjacent neighborhood to the east. Since the residents concerns were mostly site development issues related to building size, setbacks, location of service areas, and buffering, an alternative rezoning to SAD (Special Activities District) was also discussed. This zoning district requires that a site plan be included as part of the rezoning action and would provide a higher level of comfort to the adjacent residents. At its meeting of July 16, 2012, the Planning and Zoning Board held a public hearing on the proposed South Federal Highway Redevelopment Plan. Staff presented the Plan and several members of the public spoke about the various components of the Plan, including the proposed rezonings, the maximum tenant size, buffer requirements and restrictions on the west side of South Federal Highway. The Planning and Zoning Board recommended approval of the Redevelopment Plan with a number of recommended changes, including that rezoning of the subject property be limited to SAD. The Plan was amended to retain the original POC zoning with the option for a privately-initiated rezoning by the property owners to SAD. The Plan was adopted by the City Commission on September 20, Since the original rezoning application was submitted prior to adoption of the Redevelopment Plan, the current proposal for redevelopment of the subject property is not required to comply with the Redevelopment Plan per se. However, it is noted that the underlying issue of compatibility with the adjacent residential neighborhood, discussed in the Redevelopment Plan, must still be addressed during consideration of the project proposal. If the current rezoning action does not go forward, any future redevelopment of the subject property will be required to comply with the Redevelopment Plan. On August 21, 2012, the City Commission approved the applicant s request for up to an additional 6 months (in addition to the 6 months previously granted) to submit a privately sponsored rezoning from POC (Planned Office Center) to SAD (Special Activities District) for the subject property. The applicant amended the rezoning application on September 7, 2012 to request SAD zoning. The SAD rezoning process is shown below: 1. Planning and Zoning Board review of the SAD and a recommendation made to the City Commission; 2. First reading of the SAD Rezoning Ordinance by the City Commission; 3. Review of the site plan by the Site Plan Review and Appearance Board; and 4. Second and final reading of the SAD Rezoning Ordinance, which will include the approved site plan, by the City Commission.

4 Page 3 REQUIRED FINDINGS (Chapter 3): REZONING ANALYSIS Pursuant to LDR Section (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 resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map (FLUM) designation of TRN (Transitional) and the proposed zoning designation is SAD (Special Activities District). Pursuant to the Land Use Designation/Zoning Matrix (Table L-7, Future Land Use Element), SAD Zoning is consistent with any land use designation on the Future Land Use Map. Pursuant to LDR Section (A) Purpose and Intent for the SAD zoning district, While 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. Pursuant to LDR Section (B)(1), Allowed Uses and Structures, 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 proposed SAD rezoning ordinance, prepared by the applicant, must be amended to incorporate a list of the uses allowed within the SAD and the maximum intensity (square footage) of each use. These uses can be general use categories such as retail, restaurant, services, office, etc. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. CONCURRENCY: Pursuant to Section 3.1.1(B), 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 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, and solid waste. 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 and policy were found:

5 Page 4 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. Since the subject property is already developed, soil, topographic and other applicable physical considerations do not have an impact on the appropriate development intensity. Ensuring that the proposed development will be complimentary to adjacent land uses and fulfill remaining land use needs is discussed below. Due to its close proximity to Interstate 95 and the Linton Boulevard Interchange, the Federal Highway / Linton Boulevard intersection is a prime location for destination shopping for goods and services. Commercial activity in Delray Beach has greatly expanded and this intersection has become a robust commercial hub. There are major developments on all four corners of the intersection: the Plaza at Delray Shopping Center at the northwest corner; the Old Harbour Plaza at the northeast corner; the Linton Tower and SunTrust Bank development at the southwest corner; and the Old Harbor Office and Bank Facility on the subject property at the southeast corner. While the subject property is zoned POC (Planned Office Center), all three of the other corners are zoned PC (Planned Commercial). Staff continues to support the property owner s proposal to redevelop the site as a high end shopping center, subject to the site plan adequately addressing the development s compatibility with adjacent residential development, and feels that a major retail center at this corner will anchor the South Federal Highway Redevelopment Area and encourage additional redevelopment. The POC zoning designation currently assigned to the property may have been adequate in the past, but office use at this location now represents an economically infeasible use of the property and current market trends indicate that a zoning designation which permits commercial development is more appropriate. Much of the office space in this project is currently vacant and the demand for office space has been marginal in this area. The City is currently promoting office development in the downtown area and in the Innovation Corridor along Congress Avenue in the MROC (Mixed Residential, Office and Commercial) zoning district. It would be better if this site did not compete with those initiatives. The proposed SAD zoning designation will allow development of a major commercial shopping center at this location. Since the site plan for the project will be included in the rezoning ordinance, compatibility with the adjacent Tropic Isles single-family residential development to the east must be assured at the time of rezoning. It is not unusual for commercially zoned property to directly about single-family residential development. Properly designed shopping centers can and do exist adjacent to residential development throughout the City. Residential and general commercial uses can be compatible and complimentary in that the commercial uses provide necessary goods and services for residential neighborhoods and the residents provide the market base to support the commercial uses. Key issues that need to be addressed to ensure compatibility include the mix of uses, the level of intensity and appropriate buffering. Unfortunately, as discussed below, the currently proposed site plan for Delray Place does not adequately address these issues. Due to the excessive amount of building area, the proposed site plan does not meet the minimum open space requirements or provide adequate parking for the proposed uses. Nor is there room to provide adequate buffering in some areas. These issues, which are identified in the attached technical comments in Appendix B, have been discussed with the applicant over a more than 6 month period. The applicant s response to these concerns is that the overall building area cannot be reduced without rendering the entirety of the project economically infeasible, and that relief will be sought. As stated earlier, a commercial shopping center is the best use of this property, but not at the level of intensity proposed. For comparison purposes,

6 Page 5 the intensity of other Delray Beach commercial shopping centers on South Federal Highway and Linton Boulevard were reviewed. As shown in the table below, the level of intensity proposed for Delray Place significantly exceeds that of these other centers. At a more consistent FAR of 0.24, the total building area of Delray Place would be reduced to approximately 104,000 square feet. The least open space provided in the alternative scenarios included on the site plan is 16.2%, while 25% is required. If a reduction of 34,000 of building floor area was moved to open space, the total open space would be increased to 24.1% and the total parking requirement reduced to 416 spaces, as opposed to the 552 spaces required with the current plan (444 spaces provided). A subsequent reduction in parking from 444 to 416 spaces would increase open space to the required 25%. A reduction in building intensity and subsequent increase in open space would also allow buffering to be better addressed. As noted in the technical comments, the proposed site plan has a much greater impact on the adjacent residential neighborhood to the east than the current office development, especially as it relates to the adjacent single family lots on McCleary Street. The extreme length of the proposed buildings with limited buffering in this area is a concern. Except for the lower connections between buildings, the (5) interconnected 600 to 1000 Buildings present a continuous 700+ feet long, 22 feet high wall located 15 feet from the rear property line of the single family houses. Architecturally, the essentially blank wall of the south elevation of these buildings is reminiscent of a self-storage facility. The 15 setback with 10 of landscaped area is not large enough to adequately buffer the back of these buildings. The closeness of the loading areas for the 500 Buildings is also a concern. Even though the loading docks are enclosed, trucks backing into these spaces will generate noise. An increase in the buffers at these locations is appropriate. This analysis is provided to show what the intensity of the project would have to be to comply with open space and parking requirements with little or no relief. This is not to say that the ultimate intensity cannot be approved above an FAR of Maintaining economic feasibility is a concern and some relief may still be needed. Staff is concerned that the current proposal pushes the envelope too far to make a finding of compatibility with the neighborhood. Project Name Delray Place South Federal Highway Plaza at Delray 1400 South Federal Highway Harbor Plaza 1725 South Federal Highway South Delray Shopping Center 3001 South Federal Highway Linton Center (Target) 1200 Linton Boulevard New Century Commons 500 Linton Boulevard Lavers International 660 Linton Boulevard Commercial Development Intensity Comparison Total Building Area (Square Feet) Floor Area Ratio (Total Building Area/Total Land Area) 138, , , , , , , Future Land Use Element Policy C-1.12: The following pertains to the South Federal Highway area, south of Linton Boulevard. In Fiscal Year 2010/11, the City s Planning & Zoning Department shall review existing land uses in this area and shall create a redevelopment plan, overlay district or other development tool to promote and guide future redevelopment of the area.

7 Page 6 The South Federal Highway Redevelopment Plan was adopted by the City Commission on September 20, Since the original rezoning application was submitted prior to adoption of the Redevelopment Plan, the current proposal for redevelopment of the subject property will not be required to comply with the Redevelopment Plan per se. However, if the current rezoning action does not go forward, any future redevelopment of the subject property will be required to comply with the Redevelopment Plan. It is noted that the Plan supports redevelopment of the subject property with a commercial shopping center development, subject to the site plan adequately addressing the development s compatibility with adjacent residential development, and recommends the option for a privatelyinitiated rezoning by the property owners to SAD. While the PC zoning district would have allowed the proposed uses, the SAD zoning district, with its required site plan, provides the mechanism to ensure compatibility at the time of rezoning. LDR SECTION 2.4.5(D)(5) - REZONING FINDINGS: Pursuant to LDR Section 2.4.5(D)(5), in addition to provisions of Chapter 3, the City Commission must make findings that the rezoning fulfills at least one of the reasons listed under Subsection (2): (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The Applicant submitted a statement and supporting documentation addressing this requirement, attached as Appendix C. The applicant s statement seeks to justify the rezoning based on all three of the reasons. Staff does not agree with the statement that the original zoning was established in error (item a), since the POC zoning was appropriate given the existing use of the property. The fact that the office development proved not to be economically sustainable and viable over time does not demonstrate an error, it reflects a change in circumstances (item b). Staff concurs that a rezoning to SAD is appropriate based on items b and c identified above, indicating that there has been a change in circumstances which make the current Planned Office Center (POC) zoning inappropriate. The property is bordered on three sides by commercial zoning districts. The long term operation of an office center (Old Harbor Office and Bank Facility) is less compatible than commercial uses given development that has occurred along both of these corridors, and is not sustainable based on market conditions. This change in circumstances supports the change to allow commercial development similar to the other three corners of the intersection. All zoning districts permitted within the TRN (Transitional) Future Land Use Map designation are subject to a maximum FAR of 1.00, and the proposed shopping center is significantly below that maximum level. Within the TRN designation, the SAD zoning district is the clear choice to allow development of a commercial center while ensuring compatibility with the adjacent residential neighborhood. 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.

8 Page 7 Final approval of the rezoning to SAD will require the inclusion of an approved site plan in the SAD rezoning ordinance. The Site Plan must be approved by the Site Plan Review and Appearance Board (SPRAB) prior to the second and final reading of the SAD rezoning ordinance. However, if the site plan is not approved by SPRAB, an appeal must be approved by the City Commission, overturning the SPRAB decision, prior to second and final reading of the SAD rezoning ordinance. Staff reviewed the applicant s site plan submittal for compliance with the Land Development Regulations. Although revised site plans have not been submitted due to time constraints, the applicant has submitted responses indicating how each comment will be addressed. Staff s comments and the applicant s responses are attached as Appendix B. These items must be addressed prior to scheduling review by the Site Plan Review and Appearance Board. From staff s review of the proposed site plan and applicant s responses, it was determined that one variance and five waivers will be required. These include the following: 1. A variance to the 25% open space required (16.2% provided) required by LDR Section 4.3.4(K); 2. A waiver for pavement encroachment into the required 15 perimeter setback for the SAD district. Pursuant to LDR Section (D), Within the front and any street side setback, the fifteen foot (15') setback area shall be a landscape area and no pavement shall be allowed therein except for pedestrian ways and driveways (or streets) which provide access to the property and which are generally perpendicular to the abutting street. 3. A waiver to LDR Section 4.3.4(H)(6)(b), Special Landscape Setbacks, requiring a 25 foot landscape buffer along South Federal Highway. 4. A waiver to LDR Section 4.3.4(H)(6)(b), Special Landscape Setbacks, requiring a special landscape area at the smaller distance of either 30' or 10% of the average depth of the property along Linton Boulevard. 5. A waiver to LDR Section 4.6.9(D)(3)(c), Stacking Distance, requiring a stacking distance of 50 feet is required between a right-of-way and the first parking space or aisleway in a parking lot. 6. A waiver to LDR Section (H)(3)(i), requiring, landscape islands which contain a minimum of one hundred thirty-five (135) square feet of planting area, with a minimum dimension of nine (9) feet, exclusive of the required curb, to be placed at intervals of no less than one landscaped island for every thirteen (13) standard parking spaces or fifteen (15) compact parking spaces. Although relief can be sought for these identified deficiencies, the applicant maintains that relief is not required for many of the deficiencies due to language in Section (F), Special Regulations of the SAD zoning district, which states that any special regulations may be applied through the SAD review and approval process. The Special Regulations section is included in all zoning districts and is used to denote special requirements for each zoning district. All zoning districts must comply with the requirements in other sections of the LDRs unless specific provisions, which exempt the district from these requirements, are included in the zoning district. The applicant argues that the Section F language gives the unique ability to approve a deficient site plan without appropriate relief to other sections of the LDRs. This is not the case, and staff maintains that relief will be required for the items identified in the technical comments. An additional point of contention between staff and the applicant is related to relief for a deficiency in open space. Pursuant to Section 2.2.4(D), Duties, Powers, and Responsibilities of the Board of Adjustment, the Board has the authority to grant variances and hear appeals

9 Page 8 from the provisions of the General Development Standards set forth in Section 4.3. Since required open space is included in Section Base District Development Standards of the LDRs, relief to this section of the LDRs will require a variance. The applicant contends that relief from this section can be accomplished by a waiver. This issue will be needed to be resolved. Parking: Pursuant to LDR Section (E)(1), Parking and loading requirements (number of spaces) shall be as set forth on the site and development plan. However, the parking requirement for shopping centers of this size is typically 4 spaces per 1,000 square feet in the City [LDR Section 4.6.9(C)(3)(e).] The proposed site plan shows a substantial reduction (19.7%) from this requirement with a deficit of 109 spaces. While a waiver is not required, the number of spaces must be adequate to support the proposed development. Therefore, a parking study must be provided to support this reduction. Additionally, with respect to parking balance, the spaces provided for the buildings along Linton Boulevard have a 28% deficit of 43 spaces from the typical shopping center requirements. Given that four of the five buildings in this area are labeled as potential restaurants, this is a concern. In fact, the number of potential restaurants in the entire shopping center is a concern. Given the limited parking, a reduction in the number of restaurants should be considered. As noted elsewhere in this report, the major issue with the site plan is the level of intensity. There is a direct relationship and balance between building area, open space, and parking. When one component is out of balance, the other components are compromised. This is what is happening with the proposed site plan. The property is just not large enough to accommodate the proposed building area without sacrificing these other components. The result is a project that staff feels is not compatible with the surrounding area. This one issue also has a direct impact on many of the other technical comments identified by staff, such as an 8.8% deficiency in open space, a 19.7% deficiency in parking, failure to meet special landscape setbacks, and inadequate buffering of adjacent residential development. If the SAD rezoning moves forward from this point, the site plan must be modified or relief sought to address the technical comments attached in Appendix B prior to consideration by the Site Plan Review and Appearance Board. SAD Rezoning Ordinance: The applicant submitted a revised SAD Rezoning Ordinance (attached) in response to technical comments. Section 4 of the proposed Ordinance states the following: That any future requested modification to the site plan or development plans which the City would customarily classify as a Class I or Class II site plan modification, or any requested amendment which does not change the approved uses, densities, intensities or height for the project, may be approved administratively consistent with the City s land development regulations existing as of the date of this ordinance and such modification shall not be deemed an amendment of this ordinance such as would otherwise require compliance with the public notice and hearing procedure. While this revised ordinance language does address some of staff s concerns with the previous version, it still needs to be revised. Up to this point, the rezoning process has been very inclusive and the developer has had extensive meetings with neighborhood residents to obtain support for this project. The City Commission s suggestion to consider SAD zoning instead of the previously requested PC zoning was specifically aimed at providing the adjacent neighborhood with a level of certainty of what to expect with redevelopment of the site. The SAD language, as proposed, could allow some site plan modifications, which directly impact the neighborhood to be approved administratively. This is in direct opposition to what the SAD

10 Page 9 district was meant to achieve. At a minimum, the revised Ordinance should include the following items: 1. Some Class I and II Site Plan modifications require review by the Site Plan Review and Appearance Board and cannot be approved administratively. 2. All Site Plan modifications which directly impact the surrounding properties should go to the Site Plan Review and Appearance Board. These would involve buffering or changes to the rear of buildings adjacent to the neighborhood. 3. A list of the uses allowed within the SAD and the maximum intensity (square footage) of each use. These uses can be general use categories such as retail, restaurant, services, office, etc. 4. Changes of use or intensity will require modification of the SAD through the rezoning process. 5. Specific items which will ensure compatibility with the adjacent residential development should be listed, such as limiting hours of delivery and service at the rear of the buildings. Section (Standards for Rezoning Actions): Standards A, B, C, and E are not applicable with respect to this rezoning request. An evaluation of the applicable standards is discussed below: 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. The following table identifies the zoning designations and uses that are adjacent to the subject property: North Adjacent Zoning: PC (Planned Commercial) and RM (Multiple Family Residential) Adjacent Land Uses: Old Harbor Shopping Plaza and Harbors Edge Multiple family Residential Development West PC (Planned Commercial) SunTrust Bank and Burger King East South R-1-AA-B (Single Family Residential) and CD (Conservation District) PC (Planned Commercial) & R-1-AA-B (Single Family Residential) Tropic Isles Single Family Residential Development Tropic Square Shopping Center and Tropic Isles Residential Development Since a rezoning to SAD is linked to a site plan at the time of rezoning, the specific uses are known and compatibility with adjacent and nearby land uses can be assured at that time. This is a unique situation which only occurs with this zoning district. Staff supports SAD zoning at this location, because of this uniqueness. The SAD can be tailored to the situation, allowing both appropriate and compatible commercial development. With this in mind, the compatibility of SAD zoning is entirely dependent on the SAD rezoning ordinance and the associated site plan. As stated earlier in this report, staff does not feel that the proposed site plan for this project is compatible with the surrounding area. The intensity is just too high to allow adequate open space and buffering. The applicant s response is that a reduction in intensity will make the project economically infeasible; relief will be sought to address LDR compliance; and in some cases, the applicant maintains that no relief is required for the SAD district. Since this response does not address the underlying concern with respect to the development intensity depicted on the proposed site plan, a positive finding with respect to Section cannot be made.

11 Page 10 REVIEW BY OTHERS 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 Delray Citizen s Coalition Tropic Isle Civic Association Banyan Tree Village Domain Delray Harbour s Edge Harbourside Linton Woods Pelican Pointe Pelican Harbor Spanish Trail Condo Tropic Bay Tropic Harbor Public Notices: Formal public notice has been provided to property owners within a 500' radius of the subject property. To date, three s have been received and are attached to this staff report. Other letters of objection and/or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The requested rezoning from Planned Office Center (POC) to Special Activities District (SAD), for the subject property is to allow development of the property as a commercial shopping center. Positive findings cannot be made with respect to LDR Section (Required Findings), LDR Section (Standards for Rezoning Actions) and LDR Section 2.4.5(D)(5)(Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan due to the inability to make positive findings with respect to compatibility with surrounding development. A. Continue with direction. RECOMMENDED ACTIONS B. Move a recommendation of approval to the City Commission for the privately-initiated rezoning from POC (Planned Office Center) to SAD (Special Activities District) for Delray Place, 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 the criteria set forth in LDR Sections (Required Findings), (Standards for Rezoning Actions), and 2.4.5(D)(5)(Rezoning Findings), with the condition that the site plan be modified and/or relief be sought to address the technical comments attached in Appendix B prior to review by the Site Plan Review and Appearance Board. C. Move a recommendation of denial to the City Commission for the privately-initiated rezoning from POC (Planned Office Center) to SAD (Special Activities District) for Delray Place, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Sections (Required Findings), (Standards for Rezoning Actions), and 2.4.5(D)(5)(Rezoning Findings).

12 Page 11 STAFF RECOMMENDATIONS Move a recommendation of denial to the City Commission for the privately-initiated rezoning from POC (Planned Office Center) to SAD (Special Activities District) for Delray Place, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Sections (Required Findings), (Standards for Rezoning Actions), and 2.4.5(D)(5)(Rezoning Findings). (Motion to be made in the affirmative) Attachments: Location Map Existing Zoning Map Proposed Zoning Map Reduced Plans SAD Rezoning Ordinance ULI Report - Ten Principals for Rebuilding Neighborhood Retail Public comments on the project via

13 Page 12 APPENDIX A CONCURRENCY FINDINGS Pursuant to Section 3.1.1(B), 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. Water and Sewer: The site is already served by water and sewer service. Municipal water service is available via connection to a 12 water main located the east side of S. Federal Hwy., a 10 water main on Eve Street, and a 6 water main on the south side of Linton Boulevard. Fire protection is provided by two fire hydrants located on the south side of Linton Boulevard and one along the north side of Eve Street. Additional fire hydrants may be required and this was noted in the Fire Department s technical comments. Sewer service is available to the site via connection to an existing 8 sewer main which is located along on Eve Street. On site sewer main improvements will be considered as part of the site development approval process. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. The Comprehensive Plan also 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 Future Land Use Map. Thus, a positive finding with respect to this level of service standard can be made. Streets and Traffic: A traffic analysis report for the proposed development was prepared by Traf Tech Engineering. The traffic report determined that the proposed redevelopment will generate a net increase of 3,262 Average Daily Trips (ADT), with a net reduction of 82 A.M. peak hour trips, and a net increase of 316 new P.M. peak hour trips. The report concluded that the adjacent street network has adequate available capacity to accommodate the project traffic associated with the Delray Place Project and that the project is not anticipated to negatively affect the roadway network located within the project study area. The applicant transmitted the traffic study to the Palm Beach County Traffic Division for review. A letter from Palm Beach County indicating that the project meets the Traffic Performance Standards of Palm Beach County is required prior to final reading of the SAD rezoning ordinance. Drainage: Engineering has requested that the applicant provide a signed and sealed drainage report indicating the proposed system s ability to meet storm water quality and quantity requirements in accordance with the South Florida Water Management District regulations per LDR Section (D) (7). In addition, the surface water management system needs to be designed in accordance with LDR Section for a minimum of a 10 yr. / 24 hr. storm event. The system needs to provide for positive drainage of lots, streets, roads, and other public areas as well as handling any run-off from adjacent areas that historically flowed into the subject area. Include drainage calculations confirming that there will be no negative post development impacts on adjacent homes, structures or properties. The applicant has indicated that the drainage calculations will be provided at final engineering and show that the parking lot is designed to be protected from the 10 yr. / 24 hr. storm event while maintaining the existing discharge from the site. Thus, a positive finding with respect to this level of service standard can be made. Parks and Open Space: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard.

14 Page 13 Solid Waste: As shown on the following table, the proposed redevelopment of the property will result in a net increase of tons per year in solid waste generation. In its annual capacity letter, dated January 6, 2012, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J-5-005(4). Based on population projections, waste generation rate projections, waste reduction, and recycling, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year Thus, a positive finding with respect to this level of service standard can be made. Solid Waste Generation Delray Place Existing Development 56,515 SF General 5.4 lbs/sf = tons/year 29,366 SF Medical 4.6 lbs/sf = 67.5 tons/year 4,459 SF 10.2 lbs/sf = 22.7 tons/year Total: tons/year Proposed Development 88,056 SF lbs/sf = tons/year 50,074 SF Potential 24.9 lbs/sf = tons/year Total: 1,072.5 tons/year

15 Page 14 APPENDIX B SITE PLAN TECHNICAL COMMENTS AND APPLICANT S RESPONSES Planning and Zoning Technical Comments: 1. SAD Ordinance: The proposed SAD Ordinance, as it relates to future modifications, does not conform to the normal procedures the City has taken in the past to modify SADs and must be revised. Since the SAD is linked to a specific site plan, modifications of the approved site plan will require the processing of a rezoning. The comment is noted. We would like to further explore the opportunity to limit extensive and otherwise unnecessary duplicitous public hearings for otherwise minor site plan modifications which the City s Land Development Regulations may allow staff to handle administratively. We do not believe that the plain language of the SAD zoning code requires, nor is it the intent of the City Commission, to require such minor revisions to go through the entire rezoning process anew. 2. Compatibility: Pursuant LDR Section (A), Purpose and Intent, The uses, activities, and characteristics of a SAD are to be consistent with the Comprehensive Plan, suitable and compatible with surrounding existing development, and with the proposed character of the area. Additional findings of compatibility are also required under LDR Sections 3.2.2, Standards for Rezoning Actions, and 3.2.3, Standards for Site Plan and/or Plat Actions. The proposed site plan has a much greater impact on the adjacent residential neighborhood to the east than the current office development, especially as it relates to the adjacent single family lots on McCleary Street. The extreme length of the proposed buildings with limited buffering in this area is a concern. Except for the lower connections between buildings, the (5) interconnected 600 to 1000 Buildings present a continuous 700+ feet long, 22 feet high wall located 15 feet from the rear property line of the single family houses. Architecturally, the essentially blank wall of the south elevation of these buildings is reminiscent of a selfstorage facility. The 15 setback with 10 of landscaped area is not large enough to adequately buffer the back of these buildings. The closeness of the loading areas for the 500 Buildings is also a concern. Even though the loading docks are enclosed, trucks backing into these spaces will generate noise. Consider reducing the overall building area on the site and increase the buffering in the rear. This will also serve to reduce the parking and open space deficits. RPG held another meeting with the Tropic Isle homeowners, specifically those living along McCleary and Eve Streets, at the Delray Beach Public Library on Wednesday, October 10, 2012, from 6:30pm to 8:00pm. The intent of the meeting was to ensure their concerns were heard and, to the extent feasible, incorporated into the Delray Place site plan upon resubmittal in response to the City s TAC comments. The various issues presented in the TAC comments were discussed and are addressed individually below: A. Rear Elevations It appears from the meeting that the residents are requesting the removal of the lower connections between buildings facing Linton Boulevard so that there is a continuous wall adjacent to the Tropic Isle neighborhood. The intended goal of this design is to mitigate noise from the patrons of those specific businesses, which noise may otherwise be channeled towards Tropic Isle based upon the present site plan layout.

16 Page 15 The residents also appear to have preferred this design to deter patrons from otherwise wandering behind the buildings. Overall, the reduction in height of the existing structure (from 3 stories to 1) coupled with the extensive landscape buffering utilizing very mature existing trees and additional landscaping (as depicted on the Landscape Plan) will sufficiently if not entirely screen the project from the view of the neighbors. The assumption therefore that the 15 setback with 10 of landscaped area is not large enough to provide an adequate buffer is sufficiently addressed and mitigated by the extensive landscaping being added as well as the reduced scale and location of the existing buildings in relation to the Tropic Isle homes. B. Loading Areas To accommodate the requests of Tropic Isle residents, RPG designed the loading areas to consolidate as many potential loading zone areas as possible into fewer locations in an attempt to noise from the property. This noise reduction plan had been previously presented to the Tropic Isle Civic Association and over 100 of its residents, all of whom approved of this concept and were appreciative of the additional expense being incurred by RPG to accommodate the neighbors. The McCleary Street and Eve Street residents continued to express concern regarding the location of the loading docks and anticipated noise generated from trucks backing into such locations. RPG has assumed considerable voluntary expense in providing 14-foot high walls (18 feet from ground to top inside the loading area) with noise-dampening wall treatments to minimize any noise which may be generated. The McCleary Street and Eve Street residents desire a fully-enclosed loading area, which RPG previously represented to the residents it would explore. However, after review by RPG as to the effectiveness of such a fully-enclosed structure, it has been determined that the extreme cost far outweighs any perceived benefit. Moreover, the need to fully ventilate such a structure with mechanical fans would actually create more noise on a continuous basis than the intermittent noise perceived from deliveries. However, the trash areas for the businesses adjacent to Linton Boulevard will be, as previously represented to the community, fully enclosed. Reason dictates an acknowledgment that ambient commercial noise is a natural part of the South Federal Highway makeup and can ever be eliminated in its entirety from any commercial project. However, this has been appropriately addressed by the City s Land Development Regulations regulating limited hours of permissible and prohibited loading times and strikes the proper balance. C. Reducing Overall Building Area During the most recent neighborhood meeting held on Wednesday, October 10, 2012, the residents suggested a preferred reconfiguration of the buildings facing Linton Boulevard that did not require a reduction of overall building area. RPG s design team is currently intensely evaluating the feasibility of this design suggestion as it relates to the Florida Building Code and Florida Life Safety Code. It must be noted that the existing width of the property adjacent to Linton Boulevard is constrained. It does not allow for relocation of proposed buildings or a reduction in overall building area without rendering the entirety of the project economically

17 Page 16 infeasible and would actually hinder appropriate and necessary pedestrian traffic flow throughout the site as anticipated by retail tenants. 3. Pursuant to LDR Section 4.3.4(K), Development Standards Matrix, the minimum open space required for a project in the SAD zoning District is 25%. The proposed site plan provides for alternative concepts which provide between 16.2% and 17.12% open space. Relief from this section of the LDRs requires a variance. A waiver will be provided with the resubmittal of plans. A suggestion is made for consideration of significant landscape improvements (including an ongoing and perpetual maintenance obligation) relating to Eve Street to augment open space. With regard to all waivers to be submitted, the following is a general statement that we respectfully ask the City to consider as we move forward with this endeavor to replace the aging and mostly vacant office complex on the southeast corner of South Federal Highway and Linton Boulevard with a modern retail and dining destination. RPG s principals and development team has a collective 100 years of significant retail site planning experience and have successfully built, own, and continue to manage and operate a portfolio of seven Florida significant retail properties totaling approximately 1.25 million square feet of retail space. Using this successful business experience, coupled with being local residents themselves, the principals of RPG are dedicated to bringing this prominent gateway of the City of Delay Beach back to prominence with a project of quality in every aspect, from exceptional architecture to an exceptional tenant mix. In such regard, and utilizing the intent of the Special Activities District zoning paradigm as suggested by the City Commission, RPG believes site planning elements for this particular project should be judged based upon form and the utilitarian aspect, rather than a zoning paradigm which the SAD construct seeks to avoid. All modern economic development surveys point to the rather long and uncertain land development process as the primary inhibitor to sustainable economic development, particularly in the retail sector. In shopping and dining projects, this long approval process often causes quality tenants to hesitate about coming into new markets when adjacent municipalities may be more inviting or when the immediate surrounding business environment (i.e., South Federal Highway) does not have a proven track record of success. However, working directly in concert with the greater Tropic Isle neighborhood to create a consensus site plan, quality tenants are beginning to feel more confident that they can commit to the South Federal Highway corridor and the Delray Place project. For the residents of the Tropic Isle Civic Association, RPG has taken a close look to court the right mix of tenants by beginning to put the pieces of the puzzle together in identifying quality retailers, quality dining options, and neighborhood services and amenities that best meet the present and future needs of the greater South Federal Highway community. This framework was then utilized to design a neighborhood retail center that could accommodate all of these needs and remain economically feasible for years to come. As a result of these discussions, RPG worked very hard to design an optimized site plan that intended to meet both the needs and desires of the City, the adjacent community, as well as the reasonable requirements of the types of quality retail and dining tenant RPG seeks to place, who themselves seek to protect and promote their own business models, trade dress, and goodwill.