Ord 06-11ORDINANCE NO. 06-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE
MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE
PLAN FROM MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC);
TO GC (GENERAL COMMERCIAL); ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL
SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND
PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY
RESIDENTIAL) TO AC (AUTOMOTIVE COMMERCIAL) DISTRICT;
SAID LAND BEING A PARCEL OF LAND LOCATED ON THE
SOUTH SIDE OF AVENUE "L", APPROXIMATELY 357 FEET EAST
OF SOUTH FEDERAL HIGHWAY (U.S. HIGHWAY NO. 1) AS
MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, OCTOBER 2009";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, J. Gusto Enterprises, Inc., is the fee simple owner of a 0.22 acre of land located
on the south side of Avenue "L", 357 feet east of South Federal Highway (U.S. Highway No.l); and
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map
(FLUM) designation of MD (Medium Density Residential 5-12 du/ac); and
WHEREAS, the owner of the property requested to change the Future Land Use Map designation
from MD (Medium Density Residential 5-12 dulac) to GC (General Commercial); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated October 2009, as being zoned RM (Medium Density
Residential) District; and
WHEREAS, the owner of property requested to change the zoning classification from RM
(Medium Density Residential) to AC (Automotive Commercial); and
WHEREAS, at its meeting of February 28, 2011, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
3 to 1 to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
further the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, it is appropriate to change the Future Land Use Map to reflect the revised
Future Land Use Map designation; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Future Land Use Map designation of the subject property is hereby
officially affixed as GC (General Commercial).
Section 3. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of AC (Automotive Commercial) District
for the following described property:
Lots 55 through 58, inclusive, Block 32, Del-Raton Park, according to the Plat thereof
recorded in Plat Book 14, Pages 9 and 10, inclusive, of the Public Records of Palm
Beach County, Florida.
Section 5. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 4 hereof.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
2 ORD NO. 06-1 1
Section 7. 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 8. That this ordinance shall become effective as follows: thirty-one (31) days after
adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged,
the effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard
Oaks Boulevard, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final readin on this 5th day of
April, 2011.
~~
ATTEST M A
City Clerk
First Reading ~ ~~ ~~~
Second Reading ~J ~~~
ORD NO. 06-11
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Scott Pape, Senior Planner
Paul Dorling, AICP, Director Planning and Zoning
THROUGH: City Manager
DATE: March 10, 2011
SUBJECT: AGENDA ITEM 12 B -REGULAR COMMISSION MEETING OF MARCH 15.2011
ORDINANCE NO. 06-11
Page 1 of 2
ITEM BEFORE COMMISSION
Consideration of a privately initiated Future Land Use Map (FLUM) Amendment from MD (Medium
Density 5-12 du/acre) to GC (General Commercial) and rezoning from RM (Medium Density
Residential) to AC (Automotive Commercial) for property located on the south side of Avenue "L," 357
feet east of Federal Highway.
BACKGROUND
The property subject to the proposed FLUM amendment and rezoning is Lots 55 through 58, of the Del
Raton Park subdivision and consists of 0.22 acres. This property is currently vacant and the applicant
proposes to utilize it as a parking area for the adjacent Presidential Auto Leasing and Sales Company.
At its meeting of June 23, 1992, the City Commission denied a privately initiated rezoning application
to change the designation of the subject property from RM to CF (Community Facilities) and establish a
23-space parking lot for the adjacent automotive use. The denial centered on concerns
over compatibility of the proposal with adjacent residential uses.
Staff is recommending denial of the requests as the proposed changes would allow further
encroachment of the commercial use into the adjacent residential neighborhoods to the south and east
and is incompatible with these uses. Therefore, the proposed FLUM amendment and related zoning
changes are recommended for denial based on the findings outlined in the attached report. Based on the
analysis, the proposed FLUM designation change to GC fails to meet any of the valid reasons which
would support such a change. Further, the applicant has not demonstrated a need for the FLUM change
as required with the City's Comprehensive Plan and the existing MD FLUM designation is more
appropriate as it will maintain a stock of land for multiple family developments within an established
residential neighborhood to accommodate future population growth within the City. The proposed
rezoning does not fully comply with any of the Standards for Rezoning Action or Rezoning
Findings. Positive findings cannot be made with respect to Future Land Use Element Policy A-1.7 of
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4301 &MeetingID=288 3/ 16/2011
Coversheet Page 2 of 2
the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and
the Goals, Objectives, and Policies of the Comprehensive Plan. Further, positive findings cannot be
made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings) and 3.2.2 (Standards for Rezoning
Actions). A detailed analysis of the proposal can be found in the attached Planning & Zoning Board
Staff Report. Staff has analyzed the request and feels the request should not be granted.
REVIEW BY OTHERS
At its meeting of February 28, 2011, the Planning and Zoning Board considered the FLUM and
rezoning requests and recommended approval to the City Commission by a vote of 3 to 1 (Miller
opposing). One person from the public expressed a concern over the traffic congestion on Avenue
"L." The City has also received a letter from the Tropic Isle Civic Association in support of the
proposed changes which is attached to the Planning and Zoning Board staff report.
RECOMMENDATION
Dent/ the privately initiated request for a small scale FLUM Amendment from MD (Medium Density 5-
12 du/ac) to GC (General Commercial and rezoning from RM (Multiple Family Residential) to AC
(Automotive Commercial) for land with a total acreage of 0.22 acres 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 Sections 2.4.5(D) (5), 3.1.1 and
3.2.2 of the Land Development Regulations.
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4301 &Me
ITEM BEFORE THE BOARD
The action before the Board is that of making a recommendation to the City Commission on a
privately initiated Future Land Use Map (PLUM) Amendment from MD (Medium Density 5-12
du/acre) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to
AC (Automotive Commercial) for property located on the south side of Avenue "L," 357 feet east
of Federal Highway.
Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning
Board shall review and make a recommendation to the City Commission with respect to PLUM
and Rezoning Amendments for any property within the City.
BACKGROUND
The property subject to the proposed PLUM amendment and rezoning are Lots 55 through 58,
of the Del Raton Park subdivision and consists of 0.22 acres. This property is currently vacant
and the applicant proposes to utilize it as a parking area for the adjacent Presidential Auto
Leasing and Sales Company.
At its meeting of June 23, 1992, the City Commission denied a privately initiated rezoning
application to change the designation of the subject property from RM to CF (Community
Facilities). A conditional use application was submitted concurrently with the rezoning
application to establish a 23-space parking lot for the adjacent automotive use. Action was not
taken by the City Commission on the conditional use application due to the denial of the
rezoning application. The denial centered around concerns over the compatibility of the
proposal with adjacent residential uses.
FUTURE LAND USE MAP AMENDMENT ANALYSIS
Florida Statutes 163.3187 -Small Scale Land Use Map Amendments:
This Future Land Use Map Amendment is being processed as a Small-Scale Development
pursuant to Florida Statutes 163.3187. This statute states that any local government
comprehensive land use amendments directly related to proposed small scale development
activities may be approved without regard to statutory limits on the frequency of consideration of
amendments (twice a year), subject to the following conditions:
^ The amendment does not exceed 10 acres of land;
^ The cumulative effect of the amendments processed under this section shall not exceed 120
acres within designated redevelopment and traffic concurrency exception areas, or 60 acres
annually in areas lying outside the designated areas;
^ The proposed amendment does not involve the same property, or the same owner's
property within 200 feet of property, granted a change within a period of 12 months;
^ That if the proposed amendment involves a residential land use, the residential land use has
a density of 10 units or less per acre or the proposed future land use category allows a
maximum residential density of the same or less than the maximum residential density
allowable under the existing future land use category;
P & Z Board Staff Report
FLUM Amendment & Rezoning for Presidential Auto Leasing & Sales
Page 2
^ The proposed amendment does not involve a text change to the goals, policies, and
objectives of the local government's comprehensive plan, but only proposes a land use
change to the Future Land Use Map for asite-specific small scale development activity; and,
^ The property that is the subject of a proposed amendment is not located within an area of
critical state concern.
The subject properties consist of 0.22 acres. The property is not located within a designated
redevelopment area or traffic concurrency exception area. It is noted that a small scale Future
Land Use Map (FLUM) amendment as defined by Florida State Statute 163.3187 has not been
adopted this year. Therefore, the proposed 0.22 acre FLUM amendment does not exceed the
60 acre annual limit. The MD and GC FLUM designations both allow a residential density for
the subject property of up to 12 dwelling units per acre, therefore, this change does not result in
a greater density. The property has not previously been considered for a Future Land Use Map
amendment nor has the same owner's property, within 200 feet, been granted a land use
change within the last year. The amendment does not involve a text change to the
Comprehensive Plan and it is not located within an area of critical state concern. Given the
above, the proposed FLUM amendment can be processed as a small scale amendment.
Pursuant to Land Development Regulation 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.
The proposed parking area would be part of the automobile sales, leasing, and rentals, which is
a principal use in the AC zoning district per LDR Section 4.4.10(8). The AC zoning district is
considered compatible with the proposed GC land use designation.
Based upon the above, a positive finding with respect to Future Land Use Map consistency can
be made.
REQUIRED FINDINGS:
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be
based upon the following findings:
^ Demonstrated Need -That there is a need for the requested land use. The need must
be based upon circumstances such as shifts in demographic trends, changes in the
availability of land, changes in the existing character and FLUM designations of the
surrounding area, fulfillment of a comprehensive plan objective or policy, or similar
circumstances. The need must be supported by data and analysis verifying the
changing demographics or other circumstances. This requirement shall not apply to
requests for the FLUM designations of Conservation or Recreation and Open Space;
nor shall it apply to FLUM changes associated with annexations when the City's
advisory FLUM designation is being applied or when the requested designation is of a
similar intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
The applicant has provided a justification statement that addresses the demonstrated need
for the proposed FLUM designation change. The applicant states that Presidential Auto
Leasing and Sales "needs" the property and that there is no current "need" for available
stock of vacant residential land due to the economy and housing trends. The applicant
claims that the neighborhood opposition to the proposed Wal-Mart in the area demonstrates
P & Z Board Staff Report
FLUM Amendment 8~ Rezoning for Presidential Auto Leasing & Sales
Page 3
a support from the residential neighborhood for auto related uses. In fact, the overwhelming
sentiment of those opposed to the Wal-Mart were the compatibility concerns with the
commercial uses to their residential neighborhood.
However, this proposal creates the same compatibility concerns and represents further
encroachment of the auto related use into the residential neighborhood. The applicant
provides no data or detailed analysis to justify this loss of housing stock in the area.
Further, there are no goals, objectives, or policies in the Comprehensive Plan that support
this proposed change. The sections of the Comprehensive Plan that the applicant identifies
in his justification statement (Introduction and Summary of Major Features) are located in
the introductory section of the Comprehensive Plan and are not intended to provide a basis
for support or opposition to the subject applications. Maintaining the existing residential
designation (and ultimate residential use) would be compatible to the existing residential
neighborhood to the south and east in contrast to the encroachment of auto related uses
which would be incompatible with these uses. The Comprehensive Plan indicates that the
population growth in the City is expected to continue. The current population projections
have the City growing to 78,143 by 2025, which is a 21.6% increase. Thus, elimination of
vacant residential land does not support future trends and adequate justification for the
proposed FLUM change has not been provided.
^ Consistency -- The requested designation is consistent with the goals, objectives,
and policies of the most recently adopted Comprehensive Plan.
The proposed change to AC is not supported by any of the goals, objectives, and policies of
the Comprehensive Plan. The applicant has indicate that the changes are necessary due to
their business needs to use the property for additional parking and to eliminate strip
commercial development.
Policv A-1.2 Zoning changes which would result in strip commercial development shall be
avoided. Where strip commercial developments or zoning currently exist along an arterial
street, consideration should be given to increasing the depth of the commercial zoning in order
to provide for better project design.
Strip commercial development, in this context, is characterized by several of the following
design features: buildings are arranged in a linear (or strip) format on a narrow depth lot;
parking is generally street frontage or on-street; uses are one store deep; no design integration
among individual uses; typically no pedestrian access between adjacent developments; very
little or no uniformity of signage on an individual development.
The auto related use is a single tenant business with a depth that is consistent with the majority
of the commercial uses along the east side of South Federal Highway. It is not considered strip
commercial, therefore, the expansion is not supported by this policy.
Policv C-1.12 The following pertains to the South Federal Highway area, south of Linton
Boulevard.
In FY 2008/09, 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.
The creation of the redevelopment plan is currently under way and has not been considered or
approved by the City Commission. It is anticipated that this document will be finalized before
the end of the year. The initial public hearing on this redevelopment plan will be conducted on
P & Z Board Staff Report
FLUM Amendment & Rezoning for Presidential Auto Leasing 8~ Sales
Page 4
March 3, 2011 and March 7, 2011 and initial direction will be available before consideration of
this request by City Commission.
^ concurrency -- Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The concurrency analysis compares the development potential of the property based on
the current FLUM designation (RM) and the proposed FLUM designation (GC). Per the
Future Land Use Element, a maximum Floor Area Ratio (FAR) of 3.0 is allowed in the
GC FLUM designation.
EXISTING PROPOSED
FLUM Maximum Development Potential FLUM Maximum Retail Development
acres acres Potential
(12 du/ac) 0.22 acres x 12 = 2 dwelling units (0.22 acres) 28,941 square feet
Traffic:
The applicant has submitted a comparative traffic analysis associated with the maximum
development potential of a commercial development compare to the residential potential for
the property. This study indicates that the property with a residential designation will
generate 14 average daily trips. The maximum commercial development potential of the
property (28,941 square feet) will generate an increase of 1,448 trips per day. It is noted
that traffic concurrency is reviewed and established as part of a development application.
Water & Sewer:
Water is available to the site via a 10 inch main from Federal Highway and sewer service is
available via an 8 inch main along Avenue "L." The Comprehensive Plan indicates that the
current sewer plant has adequate capacity to service the City's project population beyond the
year 2025. Adequate capacity is available in the City's water and wastewater systems to meet
the increased demand, therefore, the proposed FLUM amendment will not impact the level of
service standard for these facilities.
Drainage:
Drainage is reviewed during the site plan application process for individual projects. Within this
area of the City, drainage is usually accommodated on site via exfiltration trench systems or
swale retention areas. There are no problems anticipated with obtaining South Florida Water
Management District permits within the area and any additional impacts caused by increased
impervious area will not affect the level of service standard.
Parks 8~ Recreation
The proposed FLUM amendment to GC and Zoning designation change to AC from residential
would reduce the impact on parks and recreation.
P & Z Board Staff Report
FLUM Amendment & Rezoning for Presidential Auto Leasing & Sales
Page 5
Schools
School concurrency is reduced by the proposed change from residential to commercial.
Solid Waste:
The waste generated by 2 multiple family dwelling units is 1.6 tons per year. As noted
previously, the commercial development potential of the property is 28,941 square feet. The
waste generated by a general retail store is 10.2 pounds per square foot per year. Thus, the
FLUM amendment could result in gross waste generation of 147.60 tons annually. It is noted
that the proposed AC zoning designation would limit the likely use of the property to automotive
sales. A vehicle sales use generates 9.2 pounds per square foot per year. Based on this the
proposed change could generate a potential of 133.12 tons of solid waste year. The proposed
change would have a net impact of 130.72 tons additional of solid waste per year. The Solid
Waste Authority has indicated that the capacity of the current landfill will be available through
the year 2031. Based on the above analysis, positive findings can be made at this time with
regard to concurrency for all services and facilities.
^ Compatibility -The requested designation will be compatible with the existing and
future land uses of the surrounding area.
The proposed GC FLUM and AC zoning designations allow for higher intensity uses than
the existing multiple family designations. The proposed commercial designation would not
be incompatible with the commercial designations to the north. However, the commercial
designation could create a further incompatibility with the residentially designated properties
to the east (vacant) and south (Boca Isle Condo) by increasing the boundary of the area that
creates the conflict. Based on this expansion of incompatibility between the commercial and
residential uses, the proposed FLUM and zoning designation changes cannot be supported.
^ Compliance -Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Future redevelopment of the land will occur in accordance with the City's Land Development
Regulations during the site plan review process.
ZONING ANALYSIS
REQUIRED FINDINGS:
LDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, written materials
submitted by the applicant, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development application. These
findings relate to the Future Land Use Map, concurrency, Comprehensive Plan
Consistency, and Compliance with the Land Development Regulations.
Future Land Use Map, concurrency and Comprehensive Plan Consistency was previously
discussed under the "Future Land Use Map Amendment Analysis" section of this report.
Compliance with the Land Development Regulations with respect to Standards for
Rezoning Actions and Rezoning Findings are discussed below.
P & Z Board Staff Report
FLUM Amendment & Rezoning for Presidential Auto Leasing & Sales
Page 6
CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2
(Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5)
(Rezoning Findings) 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 the making of a finding of overall consistency.
Section 3.2.2 (Standards for Rezoning Actions): Standards B and E are not applicable
with respect to the rezoning request. The applicable performance standards of Section
3.2.2 are as follows:
(A) 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, or
Conservation shall be denied.
The subject property is not within one of the designated neighborhood designations.
Thus, a rezoning to a commercial classification is not prohibited by this standard.
(C) Zoning changes that would result in strip commercial development shall be
avoided. Where strip commercial developments or zoning currently exists along
an arterial street, consideration should be given to increasing the depth of the
commercial zoning in order to provide for better project design.
As noted in the FLUM amendment section of this staff report, the Presidential Auto
Leasing and Sales property that abuts Federal Highway is not considered strip
commercial development given the nature of the use and the depth of the property.
Thus, the FLUM amendment and rezoning of the vacant residential lots have no
relationship to this standard and is not applicable to the requested actions.
(D) That the rezoning shall result in allowing land uses which are deemed compatible
with adjacent and nearby land uses both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations exist to properly mitigate
adverse impacts from the new use.
As noted in FLUM amendment section of this staff report, there is a concern over the
encroachment of the commercially designated property into the residential
neighborhood. Increasing the exposure of this commercial use to the residential
neighborhood to the south and east will create an incompatibility. As noted in the
background section of this report, a redevelopment plan is currently under review for the
South Federal Highway corridor. One of the focuses of this redevelopment plan will be
the buffering of commercial properties along the east side of Federal Highway and how
they transition to the residential properties. It has been recognized that there are
existing compatibility concerns with the commercial properties on the east side of
Federal Highway when they abut residentially zoned properties. Given this focus, it
would appear that there is a concern that the existing development regulations do not
adequately mitigate the adverse impacts created by the commercial uses.
P & Z Board Staff Report
FLUM Amendment & Rezoning for Presidential Auto Leasing & Sales
Page 7
Section 2.4.5(D)(5) (Rezoning Findingsl:
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the
City Commission must make a finding that the rezoning fulfills one of the reasons for
which the rezoning change is being sought. These reasons include the following:
a. That the zoning had previously been changed, or was originally established, in
error;
b. That there has been a change in circumstances which make the current zoning
inappropriate;
c. That the requested zoning is of similar intensity as allowed under the Future Land
Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The applicant indicates that the applicable reasons for which the rezoning is being sought is "a"
and "b." The applicant indicates in the rezoning request that "it is an error to make this property
medium density residential - it is too small to be useable. It is only the size of a single family
lot." As noted in the FLUM analysis section of this report, the subject property can
accommodate 2 dwelling units, which is consistent with the development pattern of the
surrounding area. Further, it could be aggregated within residential zoned property to the east
to provide for additional development potential. There is no evidence that the subject property
had been changed or established in error.
With respect to finding "b," the applicant states "South Federal Hwy. has been built up over the
years with deep properties extending East from US#1. The Frontage on US#1 is out of
character with the other properties on US#1 in that it is not deep. This request makes the
frontage on US#1 more in keeping with the way US#1 has actually been developed in recent
years." The Presidential Auto Leasing and Sales site is 357 feet deep and is among the deeper
properties along the east side of South Federal Highway. The property is the same
approximate depth as Dumar Plaza and Delray Plaza. There has been no change in
circumstances that would support the notion that the residential zoning of this property is
inappropriate.
Based on the above, a finding cannot be made that the proposed rezoning fulfills any of the
reasons for a zoning change. There is no evidence that the zoning was ever established in
error. Further, the property depth of the existing auto related use is consistent with the
development pattern along most of the east side of Federal Highway and contains slightly less
depth than the three larger properties (Delray Shopping Center, Linton Center, and Ralph Buick
auto dealership) along South Federal Highway.
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be addressed by
the body taking final action on a land development application/request.
No formal land development application has been received for the subject property. Any
proposed development will need to comply with the Land Development Regulations.
P & Z Board Staff Report
FLUM Amendment & Rezoning for Presidential Auto Leasing & Sales
Page 8
REVIEW BY OTHERS ~
The subject property is not within a geographical area requiring review by the Community
Redevelopment Agency, Downtown Development Authority or the Historic Preservation Board.
Courtesy Notices:
Courtesy notices have been provided to the following civic and homeowners associations:
• Neighborhood Advisory Council
• Delray Citizen's Coalition
• Eastview Village
• Captain's Walk
• Pelican Harbor
• Pelican Pointe
• Tropic Bay
• Tropic Harbor
• Tropic Isle Civic Association
• Tropic Palms
• Spanish Trail Condo
• Serena Vista Condo
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. A letter of support has been submitted from the Tropic Isle Civic Association and is
attached. Any further letters of objection and support, if any, will be presented at the Planning
and Zoning Board meeting.
ASSESSMENT
A similar action was considered and denied by the City Commission in 1992 to rezone the
property from RM to CF in order to establish an accessory parking area for Presidential Auto
Leasing & Sales. Based on the analysis in this staff report, the proposed FLUM designation
change to GC fails to meet any of the reasons for a FLUM amendment. The applicant has not
demonstrated a need for the FLUM change since the existing MD FLUM designation will
maintain a stock of land for multiple family developments within an established residential
neighborhood for future population growth within the City. Further, the proposed rezoning does
not fully comply with any of the Standards for Rezoning Action actions or Rezoning Findings.
Positive findings cannot be made with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings),
and the Goals, Objectives, and Policies of the Comprehensive Plan. Further, positive findings
cannot be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings) and 3.2.2
(Standards for Rezoning Actions). The proposed further encroachment of the commercial use
will cause an incompatibility with adjacent residential neighborhoods to the south and east.
Therefore, the proposed FLUM amendment and related zoning changes are recommended for
denial based on the findings outlined in this report.
P & Z Board Staff Report
FLUM Amendment & Rezoning for Presidential Auto Leasing & Sales
Page 9
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the City initiated request for
a small scale FLUM Amendment from MD (Medium Density 5-12 du/ac) to GC (General
Commercial and rezoning from RM (Multiple Family Residential) to AC (Automotive
Commercial) for land with a total acreage of 0.22 acres 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 Sections 2.4.5(D)
(5), 3.1.1 and 3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the City initiated request for a
small scale FLUM Amendment from MD (Medium Density 5-12 du/ac) to GC (General
Commercial and rezoning from RM (Multiple Family Residential) to AC (Automotive
Commercial) for land with a total acreage of 0.22 acres 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
Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
STAFF RECOMMENDATIONS
Move a recommendation of denial to the City Commission for the City initiated request for a
small scale FLUM Amendment from MD (Medium Density 5-12 du/ac) to GC (General
Commercial and rezoning from RM (Multiple Family Residential) to AC (Automotive
Commercial) for land with a total acreage of 0.22 acres 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 Sections 2.4.5(D) (5),
3.1.1 and 3.2.2 of the Land Development Regulations.
Attachments:
^ Applicant's Justification Statement
^ Future Land Use Map
^ Zoning Map
^ Letter from Tropic Isle Civic Association
Prepared by: Scott Pape, AICP, FCP, Senior Planner
Y DRIVE
v
w
0
AVENUE H
-- ---__ HYACINTH DRIVE
_
_ _ TR
IRIS DRIVE
>- m
_ Q
1T 3
--
- ~
~- s
1
JASMINE DRIVE
o:
o:
o z
GC a
o
J Q
~ ~
UNDELL
BLVD. VENUE L
0
- _ -_ ~ m
U
o TRA /~
~~ ~~
Z
TROPIC ISLE DR. a
N
MD
W °'
~ ~
W ~
W
a=
0
UN WAY a
U
= u A(t`
o ~c,2 ~%, SN CIR.
~ '92
m
l~\
~ ~~
SP P
r ~y
9~
-- DlG/TAL B4SE MAP SYSTEM -- A1AP REF: S:\Fbnnlnq & Zoning\DBAIS\FlN-Cob\Z-LM 1001-1500\LA11234e~rasid~ntiol Auto t~ottnq and SobsJ~lUAI
e ~
~_ SUBJECT PROPERTY
PRESIDENTIAL AUTO LEASING AND SALES
- A
NIN 0
- PLANNING
ND ZO
G
DEPARTMENT FUTURE LAND USE MAP
i
Y DRIVE
v
I
_
a'
w
0
AVENUE H
HYACINTH DRIVE
TR
-
__
-
IRIS DRIVE
0
>- m
___
2
C~
2
JASMINE DRIVE
o:
~'
_ ~~ Q w
o z
o
LINDELL
BLVD. VENUE L
i o
J
O7
U
o TRA /~
~~
Z
TROPIC ISLE DR. a
N
MD
W o_
~ ~
!W
_ o
a
UN WAY
U
2 U
~ AF
~c= ~%,9
N`SN CIR.
~
~ SQ P
r iy
9~
-- OlC/TAC &0.SE A[4P SYSTEM -- MAP REF: S:\Pianninq &Zoning\DBMS\FlN-Cob\Z-Ud 1001-1500\U11234c_PreaidanUal Auto Lwaing and SoNs_F'LUM
N
~ SUBJECT PROPERTY PRESIDENTIAL AUTO LEASING AND SALES
~ T
~ ~
P
ANNING AND ZONING
L
DEPARTMENT FUTURE LAND USE MAP
Y DRIVE
U
_ ~ ~
_ W
O
AVENUE H
A
HYACINTH DRIVE
1 IRIS DRIVE
AC
m
JASMINE DRIVE
o:
-
P C Q _-
z
o
LINDELL
BLVD.
VENUE L
0
J
m
V
_
0 1RA/~
~~
Z
TROPIC ISLE DR. a
_ ~
J ~
O
a
Q N
W -~
Q
0_
Q
~ -.
A
~ - c'~ F~ N
o
r ~
9~
-- DlCITAI. B4SE A[4P SYSTEM -- (MAP REF: S:\Plannirp do Zoning\DBMS\F1N-Cob\Z-LM 1001-1500\LM1234D~noW~ntbl Auto Laoalnq and Sol~s_,Zoning
e
~~~
SUBJECT PROPERTY
PRESIDENTIAL AUTO LEASING AND SALES
~
~' D
_
~~ PLANNING AND ZONING
DEPARTMENT
ZONING MAP
Y DRIVE
v
w ~
o ~
AVENUE H
A
HYACINTH DRIVE
-~ ---
IRIS DRIVE
AC
m
JASMINE DRIVE
PC a - w
o Z
o
LINDELL
BLVD
.
VENUE L
J
G7
U
o TRA/~
~~
Z
TROPIC ISLE DR. a
J ~
0_
O
a
~ N
W ~
L~
0
a
A
~
o - ~~
r ~y
9~ ~
-- OlC?AL B4SE K4P SY57FM -- MM REF: S:\Plannirp A~ Zoning\DBMS\Fi~-Cab\Z-W 1001-1500\Ud1234D_Pr~tid~nUol Auto Laooinq and So1~~Zonfrp
N sua~ECT PROPERTY PRESIDENTIAL AUTO LEASING AND SALES
PLANNING AND ZONING
DEPARTMENT
ZONING MAP
Wynn, Kimberly
From: Harden, David
Sent: Friday, March 11, 2011 4:42 PM
To: Wynn, Kimberly
Subject: FW: Presidential-Images
Attachments: 0-11x17 Overall Aerial.pdf
Importance: High
Please put this e-mail and its attachment in the backup for this agenda item.
-----Original Message-----
From: Bauer, Gerri
Sent: Friday, March 11, 2011 12:31 PM
To: Harden, David
Subject: FW: Presidential-Images
Gerri Bauer
Executive Secretary to the City Manager
City of Delray Beach
100 NW 1 Avenue
Delray Beach, FL 33444
561-243-7015 (Office)
561-243-7199 (FAX)
I~.i,i~~r~u ni~~lclra~lx,irli.r~~m
Membcr of NAPW and REAP
-----Original Message-----
From: Michael Listick jmailtu:~1ichacl~listickandkrall.ccnnj
Sent: Friday, March 11, 2011 10:56 AM
To; (:it~.Alanai;cr(ci;~l~-L~clra~~l3cach.a~m
Subject: FW: Presidential-Images
Mr. Harden
Attached is an aerial view of the site and surrounding area regarding the Presidential Auto rezoning and FLUM
change which is up for first reading on March 15. If it is not too late please put it in the package for the
commissioners. The purpose is show the fact that the area has been built up over the last 15 years and the threat of
a major encroachment into vacant residential lots no longer exists. The former vacant residential lots are no longer
vacant and encroachment is not an issue any longer.
Thank you
Michael l.istick
Z
~~
~f
o~
~<s=
~a~~
V N Q Q
v
+~
v
~o
L
Q
(0
L
v
0
m
~t
m
m
v
~L
_~
lJ.
L
V
(~
v
m
ro
L
v
0
N
f'~1
0
v
+~
v
u
,~
L
v
n,
bA
.~
CS
v
J
0
Q
_Q
.~
v
L
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: March 16, 2011
SUBJECT: AGENDA ITEM 10 A -REGULAR COMMISSION MEETING OF APRIL 5, 2011
ORDINANCE NO.06-11
Page 1 of 1
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to consider a privately initiated Future Land
Use Map amendment from (Medium Density Residential 5-12du/ac) to GC (General Commercial) and
rezoning from RM (Medium Density Residential) to AC (Automotive Commercial) fora 0.287 acre
parcel located immediately east of the existing Presidential Auto Leasing and Sales, located at the
southeast corner of South Federal Highway and Avenue "L".
BACKGROUND
At the first reading on March 15, 2011, the Commission passed Ordinance No. 06-11. The Planning
and Zoning Board staff report is attached, along with the memo to the Commission from the March 15,
2011 meeting.
RECOMMENDATION
Recommend Commission discretion regarding Ordinance No. 06-11 on second and final reading.
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4316&MeetingID=313 4/11 /2011
ORDINANCE NO. 06-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE
MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE
PLAN FROM MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC);
TO GC (GENERAL COMMERCIAL); ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL
SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND
PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY
RESIDENTIAL) TO AC (AUTOMOTIVE COMMERCIAL) DISTRICT;
SAID LAND BEING A PARCEL OF LAND LOCATED ON THE
SOUTH SIDE OF AVENUE "L", APPROXIMATELY 357 FEET EAST
OF SOUTH FEDERAL HIGHWAY (U.S. HIGHWAY NO. 1) AS
MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, OCTOBER 2009";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, J. Gusto Enterprises, Inc., is the fee simple owner of a 0.22 acre of land located
on the south side of Avenue "L", 357 feet east of South Federal Highway (U.S. Highway No.l); and
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map
(FLUM) designation of MD (Medium Density Residential 5-12 du/ac); and
WHEREAS, the owner of the property requested to change the Future Land Use Map designation
from MD (Medium Density Residential 5-12 du/ac) to GC (General Commercial); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated October 2009, as being zoned RM (Medium Density
Residential) District; and
WHEREAS, the owner of property requested to change the zoning classification from RM
(Medium Density Residential) to AC (Automotive Commercial); and
WHEREAS, at its meeting of February 28, 201 I, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
3 to 1 to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
further the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, it is appropriate to change the Future Land Use Map to reflect the revised
Future Land Use Map designation; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Future Land Use Map designation of the subject property is hereby
officially affixed as GC (General Commercial).
Section 3. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of AC (Automotive Commercial) District
for the following described property:
Lots 55 through 58, inclusive, Block 32, Del-Raton Park, according to the Plat thereof
recorded in Plat Book 14, Pages 9 and 10, inclusive, of the Public Records of Palm
Beach County, Florida.
Section 5. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 4 hereof.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
ORD NO. 06-11
Section 7. 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 8. That this ordinance shall become effective as follows: thirty-one (31) days after
adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged,
the effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard
Oaks Boulevard, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2011.
ATTEST MAYO R
City Clerk
First Reading
Second Reading
ORD NO. 06-11