Ord 32-04ORDINANCE NO. 32-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
FUTUKE LAND USE MAP DESIGNATION AS
CONTAINED IN THE COMPREHENSIVE PLAN FROM
CF-R (COMMUNITY FACILITIES-RECREATION) TO CC
(COMMERCIAL CORE); F,I.ECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS
FOR SMAI.I. SCALE LAND USE PLAN AMENDMENTS;
AND REZONING AND PLACING LAND PRESENTLY
ZONED CF (COMMUNITY FACILITIES) TO CBD
(CENTRAL BUSINESS DISTRICT); SAID LAND BEING A
PARCEL OF LAND LOCATED ON THE WEST SIDE OF SE
3Pa~ AVENUE, BETWEEN SE 1sT STREET AND SE 2ND
STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, APRIL 2003"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTWE DATE.
WHEREAS, Nauplius Limited, is the fee simple owner of a 2.423 acre parcel of land
located on the west side of SE 3~a Avenue, between SE 1st Street and SE 2nd Street; and
WHEREAS, the subject property hereinafter described has an existing Future Land
Use Map (FLUM) designation of CF-R (Community Facilities-Recreation); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from CF-R (Community Facilities-Recreation) to CC (Commercial Core); and
WHEREAS, the property hereinafter described is shown on the Zoning District
Map of the City of Delray Beach, Florida, dated April, 2003, as being zoned CF (Community
Facilities); and
WHEREAS, at its meeting of June 21, 2004 the Planning and Zoning Board for the
City of Delray Beach, as Local Plarming Agency, considered this item at a public hearing and
voted 6 to 0 to recommend that the property hereinafter described be rezoned, based upon
positive findings; 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, THEREFOR.E, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Future Land Use Map designation of the subject property is
hereby officially affixed as CC (Commercial Core).
Section 2. That the City of Delray Beach elects to make this small scale amendment
by having only an adoption heating, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 3. 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 CBD (Central Business
District) for the following described property:
All that portion of Block 86, in the Town of Linton, Lying East of the Florida East
Coast Railway fight-of-way, according to the Plat of the said Town (now Dekay
Beach) as recorded in Plat Book 1, Page 3 (Sheet 2) of the Public Records of Palm
Beach County, Florida, less the North 25.00 feet thereof.
Section 4. 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 3 hereof.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 6. 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 7. That this ordinance shall become effective as follows: tlfirty-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. Ifa 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, 2740 Centerview
Drive, Tallahassee, Florida 32399-2100.
2 ORD NO. 32-04
~SSED AND ADOPTED in
the ex,ay' day of '-'~-~ ~.
Acting City Clerk
Second Reading "~-~
regular session on second and final reading on this
,2002~_.
~oR~ ~
3 ORD NO. 32-04
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ Ch ~ - REGULAR IM'~..~..TING OF JULY 20. 200a,
ORDINANCE NO. $2-04 (SM~LL SCALE FUTURE I..AND USE MAP
AMENDMENT & REZONING
DATE: JULY 16, 2004
This ordinance is before Commission for second reading and a quasijudidal heating that provides for a
small scale Future Land Use Map (FLUM) amendment from CF-R (Community Facilities-Recreation)
to CC (Commercial Core) and rezoning from CF (Commumty Facilities) to CBD (Central Business
District) for a 2.42 acre parcel of land to be known as The Strand, bordered by S.E. 1't Street on the
north, S.E. 2"~ Street on the south, S.E. 3~ Avenue on the east, and the Florida East Coast (F.E.C.)
Railway on the west.
The subject property incorporates that portion of Block 86 lying east of the Florida East Coast
Railway right-of-way. The request is to accommodate the construction of a mixed-use development
consisting of approximately 25,000 square feet of ground floor retail floor area and up to 140
condomimMm residences on the subject property and an adjacent property to the north (across S.E. 1't
Street), which is not part of this request.
The Planning and Zoning Board held a public hearing in conjunction with the requests. One (1)
member from the public spoke on the item and indicated a concern as to the amount of residential
development in the downtown. After discussing this proposal, the Board voted 6-0 to recommend
that the requests be approved, by adopting the findings of fact and law contained in the staff report
and finding that the request is consistent with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), Land Development Regulations (LDR) Section
3.1.1 (Required Findings), LDR Section 2.4.5 (D)(5) (Rezoning Findings), LDR Section 3.2.2
(Standards for Rezonmgs), and the Comprehensive Plan.
At the first reading on July 6, 2004 the City Commission passed Ordinance No. 32-04.
Recommend approval of Ordinance No. 32-04 on second and final reading.
S:\City Clerk\agenda memos\Ord.32.04 07.20.04 Rezoning The Strand
TO:
THRU:
FROM:
SUBJECT:
OF PLANNING AND ZONING
MEETING OF JULY 6, 2004
PRIVATELY SPONSORED REQUEST FOR A SMALL SCALE FUTURE LAND
USE MAP (FLUM) AMENDMENT FROM COMMUNITY FACILITIES-
RECREATION (CF-R) TO COMMERCIAL CORE (CC) AND REZONING FROM
COMMUNITY FACILITIES (CF) TO CENTRAL BUSINESS DISTRICT (CBD)
FOR THE PROPERTY BORDERED BY SE IsT STREET ON THE NORTH, SE
2"D STREET ON THE SOUTH, SE 3RD AVENUE ON THE EAST, AND THE
FLORIDA EAST COAST (F.E.C.) RAILWAY ON THE WEST.
The subject property incorporates that portion of Block 86 lying east of the F.E.C. Railway right-
of-way containing approximately 2.42 acres. The property is presently zoned CF with an
underlying compatible FLUM designation of CF-R.
An application has been submitted for a FLUM amendment from CF-R to CC and rezoning from
CF to CBD. These applications have been submitted in order to accommodate the construction
of a mixed-use development consisting of approximately 25,000 square feet of ground floor
retail floor area and up to 140 condominium residences on the subject property and an adjacent
property to the north (across SE 1st Street), which is not a part of this request. This use would
be permissible under the proposed CBD zoning, but not under the current zoning. Additional
background and an analysis of the FLUM amendment and rezoning are provided in the attached
Planning and Zoning Board staff report.
At its meeting of June 21, 2004, the Planning and Zoning Board held a public hearing in
conjunction with the FLUM amendment and rezoning request. One (1) member from the public
spoke on the item and indicated a concern as to the amount of residential development in the
downtown. After reviewing the staff report and discussing the proposal, the Board voted 6-0
(Krall absent) to recommend that the requests be approved, by adopting the findings of fact and
law contained in the staff report, and finding that the request is consistent with the
Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of
the Land Development Regulations.
Move approval of the privately sponsored request for a small scale FLUM Amendment from CF-
R to CC and rezoning from CF to CBD for the subject property, by adopting the findings of fact
and law contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5),
3.1.1 and 3.2.2 of the Land Development Regulations.
Attachments: Planning and Zoning Board Staff Report of June 21, 2004, and Ordinance by Others
ORDINANCE NO. 32-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE
MAP DESIGNATION AS CONTAINED 1N THE COMPREHENSiVE
PLAN FROM CF-R (COMMUNITY FACILITIES-RECREATION) TO
CC (COMMERCIAL CORE); ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING
LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) TO
CBD (CENTRAL BUSINESS DISTRICT); SAID LAND BEING A
PARCEL OF LAND LOCATED ON THE WEST SIDE OF SE 3m)
AVENUE, BETWEEN SE 1sT STREET AND SE 2ND STREET, AS
MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTiVE DATE.
WHEREAS, Nauplius Limited, is the fee simple owner of a 2.423 acre parcel of land
located on the west side of SE 3rd Avenue, between SE 1st Street and SE 2"d Street; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map
(FLUM) designation of CF-R (Community Facilities-Recreation); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from CF-R (Community Facilities-Recreation) to CC (Commercial Core); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April, 2003, as being zoned CF (Community Facilities); and
WHEREAS, at its meeting of June 21, 2004 the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public heating and voted 6 to 0
to recommend that the property hereinafter described be rezoned, based upon positive findings; 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 Future Land Use Map designation of the subject property is hereby
officially affixed as CC (Commercial Core).
Section 2. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption heating, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 3. 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 CBD (Central Business District) for the
following described property:
All that portion of Block 86, in the Town of Linton, Lying East of the Florida East Coast
Railway right-of-way, according to the Plat of the said Town (now Delray Beach) as
recorded in Plat Book 1, Page 3 (Sheet 2) of the Public Records of Palm Beach County,
Florida, less the North 25.00 feet thereof.
Section 4. 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 3 hereof.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 6. 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 7. 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, 2740 Centerview
Drive, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the __
day of ,200__.
2 ORD NO. 32-04
ATTEST
City Clerk
First Reading
Second Reading
MAYOR
3 ORD NO. 32-04
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
June 21, 2004
IV. A.
Future Land Use Map Amendment from Community Facilities-Recreation (CF-
R) to Commercial Core (CC) and Rezoning from Community Facilities (CF) to
Central Business District (CBD) (Quasi-Judicial Hearing).
GENERAL DATA:
Owner ................................. Nauplius Limited Company
Agent ............................... Urban Design Studio
Applicant ........................... Ironwood Properties
Location ................................ West Side of SE 3"~ Avenue,
Between SE 1st Street and SE 2"d
Street
Property Size ......................... 2.423 Acres
Current FLUM Designation .... Community Facilities-Recreation
(CF-R)
Proposed FLUM
Designation ....................... Commercial Core (CC)
Current Zoning ................... Community Facilities (CF)
Proposed Zoning ................Central Business District (CBD)
Adjacent Zoning ..... North:
South:
East:
West:
Existing Land Use .................
Proposed Land Use ..............
CBD
Central Business District-Railroad
Corridor (CBD-RC)
CBD
CBD~RC
Temporary Parking Lot
FLUM Amendment from CF-R to
CC and Rezoning from CF to
CBD
Water Service ....................... N/A
Sewer Service ....................... N/A
IST ST.
ATLANTIC AVENUE
IV. A.
The action before the Board is that of making a recommendation to the City Commission on a
privately sponsored small scale Future Land Use Map (FLUM) Amendment from Community
Facilities-Recreation (CF-R) to Commercial Core (CC) and rezoning from Community Facilities
(CF) to Central Business District (CBD) for the property bordered by SE 1st Street on the north
SE 2 Street on the south, SE 3rd Avenue on the east, and the Florida East Coast (F.E.C.)
Railway on the west.
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and rezoning of any property within the City.
The proposal incorporates all that portion of Block 86 lying east of the F.E.C. Railway right-of-
way containing approximately 2.42 acres.
The property was previously leased by the City from the F.E.C. Railway for a 40 space public
parking lot (north end) along with the east five feet (5') for a public sidewalk. In October 1997,
the lease between the City and the F.E.C. Railway was terminated as the property was to be
sold. Subsequent to the sale of the property, at its meeting of October 20, 1998, the City
Commission approved a temporary parking lot permit request for the Milagro Center at the
property. The proposal included the installation of a 191-space temporary parking lot (162
gravel spaces, 29 asphalt spaces) with associated site lighting and perimeter landscaping. The
temporary parking lot was to be used by the Milagro Center (101 SE 2® Avenue) and by the
general public at the owner's discretion. Pursuant to LDR Section 2.4.6(H), permits for
temporary parking lots are valid for only one (1) year. Renewal permits were issued on two (2)
occasions, ultimately expiring on October 20, 2001. These most recent improvements to the
site still remain.
An application has been submitted for a FLUM amendment from Community Facilities-
Recreation (CF-R) to Commercial Core (CC) and rezoning from Community Facilities (CF) to
Central Business District (CBD). These applications have been submitted in order to
accommodate the construction of a mixed-use development consisting of approximately 25,000
square feet of ground floor retail floor area and up to 140 condominium residences on the
subject property and an adjacent property to the north (across SE 1st Street), which is not a part
of this FLUM amendment and rezoning request. This use would be permissible under the
proposed CBD zoning, but not under the current CF zoning.
In accordance with Chapter 163, Florida Statutes, this FLUM amendment is considered a
Small-Scale amendment and is not limited to the twice-a-year Comprehensive Plan Amendment
review process.
Florida Statute 163.3187 - Small-Scale Land Use Map Amendments:
This FLUM Amendment is being processed as a Small-Scale Development pursuant to Florida
Statute 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:
Planning and Zoning Board Staff Repod
Small-Scale FLUM Amendment from CF-R to CC and Rezoning from CF to CBD for The Strand
Page 2
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 except for properties that are
designated in the Comprehensive Plan for urban infill, urban redevelopment or
downtown revitalization;
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 a site-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 2.42 acre property, which is located within the traffic concurrency exception area (TCEA),
does not exceed ten (10) acres nor will it result in the processing of FLUM amendments in
excess of 120 cumulative acres this year. This application is the first small-scale FLUM
amendment to be considered this year. The subject property does not involve a residential land
use or a text change, and is not located in an area of critical state concern. The proposed
FLUM amendment involves a property that has not previously been considered, nor located
within 200' of property owned by the applicant that was approved for a land use change within
the past year. Based upon the above, the subject proposal is consistent with the criteria for a
small-scale development.
REQUIRED FINDINGS:
LDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain
findings must be made in a form which is part of the official record. This may be
achieved through information on the application, written materials submitted by the
applicant, the staff report, or minutes. Findings shall be made by the body which has
the authority to approve or deny the development application. These findings relate to
the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and
Compliance with the Land Development Regulations.
Future Land Use Map - The resulting use of land or structures must be allowed in the zoning
district within which the land is situated and said zoning must be consistent with the applicable
land use designation as shown on the Future Land Use Map.
The proposed zoning district (CBD) and FLUM designation (CC) are consistent with one
another, and mixed-use developments are allowed as a permitted use within the CBD zoning
district. Based on the above, positive findings can be made with respect to FLUM consistency.
Planning and Zoning Board Staff Report
Small-Scale FLUM Amendment from CF-R to CC and Rezoning from CF to CBD for The Strand
Page 3
Future Land Use Map Element Policy A-1.7: Amendments to the Future Land Use Map must
be based upon the findings listed below, and must be supported by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need - That there is a need for the requested land use. The need must be
based upon circumstances such as shifts in demographic trends, changes in the availability
of land, changes in the existing character and FLUM designations of the surrounding area,
fulfillment of a comprehensive plan objective or policy, annexation into the municipal
boundaries, or similar circumstances. The need must be supported by data and analysis
verifying the changing demographics or other circumstances. This requirement shall not
apply to requests for the FLUM designations of Conservation or Recreation and Open
Space; nor shall it apply to FLUM changes associated with annexations when the 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 proposed FLUM amendment and associated rezoning will fulfill Future Land Use
Element Policy C-4.2 and Housing Element Policy B-2.6 as discussed below. As these
Comprehensive Plan Policies are furthered by the proposed FLUM amendment and
rezoning a positive finding can be made with regard to demonstrated need.
Consistency - The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
Future Land Use Element Obiective A-l: 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.
There are no significant environmental characteristics to the subject property. The future
redevelopment of the property based upon the proposed FLUM designation and zoning will
be complimentary to the adjacent land uses, which consist of office, retail, light industrial,
parking lots and vacant land. The FLUM amendment and associated rezoning will enable
the fulfillment of remaining land use needs by allowing the provision of additional housing
within the downtown area. Accordingly, a positive finding can be made with respect to this
Comprehensive Plan Objective.
Future Land Use Element Policy C-4.2: The "Downtown Delray Beach Master Plan" was
adopted by the City Commission on March 19, 2002. Covering the downtown business
districts surrounding the Atlantic Avenue corridor between 1-95 and A-l-A, it represents the
citizens' vision for the growth and unification of Delray Beach, while still retaining the "village
like, community by-the-sea" character of the CBD. The Plan addresses a wide range of
issues including infill development, neighborhood parks, shared parking, public art, the
roadway and alleyway systems, marketing/economic development, and the need to modify
the Land Development Regulations to include design guidelines to retain the character of
Delray Beach. Future development and redevelopment in this area shall be consistent with
the Master Plan.
The subject property is located within the borders of the downtown as defined by the
Downtown Delray Beach Master Plan and is more specifically located within the Central
Core District identified in the Master Plan. The overall Master Plan and specific project
plans and sketches included within, are conceptual in nature and provided to graphically
Planning and Zoning Board Staff Report
Small-Scale FLUM Amendment from CF-R to CC and Rezoning from CF to CBD for The Strand
Page 4
illustrate one possible solution to an identified opportunity. They are not meant to represent
the only solution, but instead to provide a starting point for additional discussion and
detailed design. The Master Plan identifies the subject property as a potential location for a
parking structure to be associated with a new multi-modal transit station that would be
located on the parcel immediately to the north (southwest corner of East Atlantic Avenue
and SE 3"d Street). The property is under private ownership and may be developed in a
manner consistent with the proposed CC FLUM designation and CBD district regulations.
Further, the proposed FLUM amendment and rezoning for the subject property would not
eliminate the possibility of establishing a multi-modal transit station on the property to the
north. The proposed FLUM amendment and rezoning would also provide the opportunity
for additional commercial and office space as well as residences that would further the goal
of the Master Plan to establish a self-sufficient downtown. Based upon the above, a
positive finding can be made with respect to the above policy in that the proposal will further
the goals of the Downtown Delray Beach Master Plan.
Housing Element Policy A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the stability
of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and
circulation patterns shall be reviewed in terms of their potential to negatively impact the
safety, habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be modified
accordingly or denied.
As discussed previously with the Concurrency analysis, the envisioned development will
increase traffic in the surrounding area, generating a number of new trips upon the
surrounding roadway network. However, the property is located within an area of the City
that consists of the traditional roadway grid network. This network is conducive to traffic
distribution, wherein, several diverse options are available in the navigation of the downtown
area. Given the diffusion of vehicle trips, it is unlikely that adjacent neighborhoods will be
negatively impacted by the additional traffic.
In terms of safety, the introduction of additional residential components to the downtown will
likely improve the safety of the area as well as its long term stability. It will introduce further
night time activity, and more "eyes" to observe what is happening in the area, which should
be a deterrent to criminal activity. Based upon the above, a positive finding can be made
with respect to the above Comprehensive Plan Policy that the proposal will not have a
negative impact on the surrounding area with regard to noise, odors, dust, and/or circulation
patterns.
Housing Element Policy B-2.6: Housing in and near the downtown area, in close proximity
to employment opportunities and services, is a critical need.
The current CF-R FLUM and CF zoning designations do not accommodate residential
development; however the proposed CC FLUM and CBD zoning designations do permit
residential and mixed-use developments. The applicant has indicated that the proposed
mixed-use project will include up to 140 condominium units. The provision of these
residential dwelling units will address the identified critical need for housing within the CBD.
Concurrency - Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
Planning and Zoning Board Staff Report
Small-Scale FLUM Amendment from CF-R to CC and Rezoning from CF to CBD for The Strand
Page 5
Water and Sewer: Water service is available via service lateral connections to an existing 6"
water main within the southern half of the adjacent SE 3rd Avenue right-of-way and/or an
existing 8" water main within the SE 2nd Street right-of-way. Three (3) fire hydrants
presently exist on the east side of SE 3rd Avenue: at the SE 1st Street intersection, at the SE
2® Street intersection, and midway between these intersections. Sewer service is available
via service lateral connections to an existing 8" sanitary sewer main within the SE 3rd
Avenue right-of-way and/or an existing 12" sanitary sewer main within the SE 2nd Street
right-of-way.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant and the South Central County Waste Water Treatment Plant for the City at
build-out. Based upon the above, positive findings can be made with respect to this level of
service standard.
Drainaqe: With FLUM and rezoning requests drainage plans are not required. At present,
virtually the entire property is paved with some pervious areas at the perimeter. With
redevelopment of the site, drainage plans will be submitted; however there are no problems
anticipated in retaining drainage on site and obtaining any/all necessary permits.
Traffic: The subject property is located within the City's TCEA, which encompasses the
CBD, Old School Square Historic Arts District (OSSHAD), and the West Atlantic Avenue
Business Corridor. The TCEA exempts the above described areas from complying with the
Palm Beach County Traffic Performance Standards Ordinance. In addition, the subject
property is located within the Coastal Residential Exception Area which exempts residential
projects east of 1-95 from complying with the Traffic Performance Standards Ordinance.
Therefore, a traffic study is not required for concurrency purposes; however a traffic
statement is necessary for impact fee purposes. The applicant has submitted a traffic
statement indicating that the intended development will generate 94 A.M. peak hour trips
and 331 P.M. peak hour trips. It is noted that the CF zoning currently allows similar and
even more intense uses than are accommodated within the proposed CBD zoning district.
The uses allowed under the CF-R FLUM designation and the CF zoning district can
accommodate large venues that are more regionally-oriented from a traffic perspective,
while the uses allowed in the CBD are typically more locally oriented.
Parks and Recreation: Non-residential uses are not considered to have an impact on the
City's Parks and Recreation facilities. However, any proposed residential dwelling units
would be assessed a Parks and Recreation impact fee of $500 per unit at the time of
building permit.
Solid Waste: Based upon the Solid Waste Authority's typical waste generation rates, the
indicated mixed-use development would generate 200.3 tons of waste annually. The Solid
Waste Authority has indicated that its facilities have sufficient capacity to handle all
development proposals until the year 2021.
Schools: The Palm Beach County School District must approve the development proposal
for compliance with the adopted Level of Service for School Concurrency. Verification from
the Palm Beach County School District is pending.
r-I Compatibility - The requested designation will be compatible with exiting and future land
uses of the surrounding area.
Planning and Zoning Board Staff Report
Small-Scale FLUM Amendment from CF-R to CC and Rezoning from CF to CBD for The Strand
Page 6
The proposal will change the FLUM designation of the property from CF-R to CC, which is
consistent with the surrounding land uses to the north, east and west. To the south of the
subject property is Redevelopment Area-5, also known as the Osceola Park Neighborhood
Redevelopment Area. These adjacent properties to the south are zoned CBD-RC and will
likely be assigned a FLUM designation of CC following the adoption of the Redevelopment
Plan for the Osceola Park neighborhood. All of the adjacent properties are used for
commercial purposes; therefore the requested FLUM designation will not result in an
incompatibility with the surrounding area and a positive finding with regard to Compatibility
can be made.
Compliance - Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Future redevelopment of the 2.42 acre parcel of land can occur in accordance with the
City's Land Development Regulations. During the site plan review process the development
proposal will be reviewed for compliance with the LDR. The applicant has indicated intent to
develop the properties as a mixed-use development consisting approximately of 25,000
square feet of retail floor area and 140 residential dwelling units. The proposal is
permissible under the proposed CBD zoning designation and compatible with the proposed
CC FLUM designation; however should the ultimately proposed density exceed 30 dwelling
units per acre, conditional use approval would be necessary. At this time no issues have
been identified which would prohibit compliance with the requirements of the CBD zoning
district. Given the above, a positive finding with respect to compliance with the Land
Development Regulations can be assumed.
STANDARDS FOR REZONING ACTIONS:
Compliance with the performance standards set forth in LDR Section 3.2.2, along with
the required findings noted in LDR Section 2.4.5(D) (5) 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.
LDR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable
performance standard of LDR Section 3.2.2 is as follows:
(D)That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land 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 zoning designations and uses border the property:
Nodh:
Sou~:
Eash
Wes~
Zoninq Des~qnation:
Central Business District (CBD)
Central Business District - Railroad Corridor
(CBD-RC)
Central Business District (CBD)
Central Business District- Railroad Corridor
(CBD-RC)
Use:
Parking Lot and Vacant Land
Retail
Office
Light Industrial and Vocational
School (Milagro Center)
Planning and Zoning Board Staff Report
Small-Scale FLUM Amendment from CF-R to CC and Rezoning from CF to CBD for The Strand
Page 7
As noted in the above table, the surrounding properties are zoned either CBD or CBD-RC, and
pursuant to LDR Section 4.4.28, many of the permitted and conditional uses within the CBD are
allowable within the CBD-RC. Therefore, the proposed rezoning of the subject property from
Community Facilities (CF) to Central Business District (CBD) poses no incompatibilities with the
surrounding properties.
LDR Section 2.4.5(D) (5): In addition to provisions of Chapter Three, 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; 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 justification statement stating the following:
"The valid reason for the requested rezoning of 2.42 acres at the southwest corner of
SE 1st Street and SE 3~ Avenue is "C"... With this request, the applicant is requesting a
rezoning to CBD. The requested zoning designation is consistent with the requested
FLUM designation. The subject site is surrounded by CBD zoning on its eastern and
northern boundaries. The site is bounded to the west and south by the CBD-RC. The
requested rezoning to CBD will make this site consistent with the surrounding zoning
designations. The requested rezoning will also allow for the revitalization of this
important area located just one block south of East Atlantic Avenue and two blocks west
of southbound U.S. 1 (Federal Highway/SE 5~h Avenue). The applicant is proposing a
mixed-use project consisting of condominiums and ground floor retail, which will help
revitalize this underutilized area and bring housing into the downtown area, which is
identified as a critical need within the Housing Element of the City's Comprehensive
Plan (Housing Element Policy B-2.6). It also should be noted that the subject site is
located directly north of the Osceola Park area, which has been identified within the
City's Housing Element as a neighborhood in need of stabilization and enhancement.
Located between East Atlantic Avenue and this neighborhood, the subject site will help
bring the revitalization and vibrancy of the East Atlantic Avenue corridor to the
surrounding neighborhoods".
The reason for which the rezoning is being sought is consistent with criterion "C". The
proposed FLUM (CC) and zoning (CBD) designations are of identical intensity as the
surrounding properties. Further, the zoning is appropriate for the subject property as it will
further the goals and objectives of the Downtown Delray Beach Master Plan and
Comprehensive Plan by enabling the provision of additional housing in the downtown area.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Future redevelopment of the 2.42 acre parcel of land can occur in accordance with the City's
Land Development Regulations. During the site plan review process the development proposal
will be reviewed for compliance with the LDR. The applicant has indicated intent to develop the
subject property as well as an adjacent property to the north (across SE 1st Street) as a mixed-
Planning and Zoning Board Staff Report
Small-Scale FLUM Amendment from CF-R to CC and Rezoning from CF to CBD for The Strand
Page 8
use development consisting approximately of 25,000 square feet of retail floor area and 140
residential dwelling units. The proposal is permissible under the proposed CBD zoning
designation; however conditional use approval would be necessary if the requested density
exceeds 30 dwelling units per acre. At this time no issues have been identified which would
prohibit compliance with the requirements of the CBD zoning district. Given the above, a
positive finding with respect to compliance with the Land Development Regulations can be
assumed.
Community Redevelopment Agency (CRA):
At its meeting of May 27, 2004, the CRA reviewed the proposed FLUM amendment and
rezoning and had no objections.
Downtown Development Authority (DDA):
At its meeting of May 19, 2004, the DDA reviewed the proposed FLUM amendment and
rezoning and had no objections.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of objection and/or support, if any, will be presented at the Planning and
Zoning Board meeting.
The proposed FLUM amendment from CF-R to CC and rezoning from CF to CBD are
consistent with the goals, objectives and/or policies of the Downtown Delray Beach Master
Plan, Comprehensive Plan, and LDR Sections 2.4.5(D) (5), 3.1.1 and 3.2.2(D). Positive
findings can be made with respect to Concurrency and Compatibility with the surrounding land
uses. The proposal will also enable a mixed-use development, consisting approximately of
25,000 square feet of retail floor area and 140 residential dwelling units (subject to the approval
of a conditional use request). This development proposal would also result in the fulfillment of
Housing Element Policy B-2.6 of the Comprehensive Plan which indicates the provision of
housing in and near the downtown area as a critical need. Based upon the above, the
proposed FLUM amendment and rezoning should be recommended for approval.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the privately sponsored
request for a small scale FLUM Amendment from CF-R to CC and rezoning from CF to
CBD for the subject property, by adopting the findings of fact and law contained in the staff
report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and 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 privately sponsored
request for a small scale FLUM Amendment from CF-R to CC and rezoning from CF to
Planning and Zoning Board Staff Report
Small-Scale FLUM Amendment from CF-R to CC and Rezoning from CF to CBD for The Strand
Page 9
CBD for the subject property, by adopting the findings of fact and law contained in the staff
report, and finding that the request is inconsistent with the Comprehensive Plan and does
not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land
Development Regulations.
Move a recommendation of approval to the City Commission for the privately sponsored
request for a small scale FLUM Amendment from CF-R to CC and rezoning from CF to CBD for
the subject property, by adopting the findings of fact and law contained in the staff report, and
finding that the request and approval thereof is consistent with the Comprehensive Plan and
meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
Attachments: Location Map, Proposed Future Land Use Map, and Proposed Zoning Map
Staff Report Prepared by: Robert G. Tefft, Senior Planner
CITY
HALL
ST.
1ST
ST.
FIDELITY
FEDERAL
S.W, 2ND ST
2ND
3RD
ST.
N
CITY OF DELRAY BEACH, FL
PLANNING &ZONtNG DEPARTMENT
THE STRAND
PROPOSED FUTURE LAND USE MAP AMENDMENT
FROM: CF-R (COMMUINITY FACILITIES AND RECREATION)
TO: CC (COMMERCIAL CORE)
A TL A TIC AVENUE
N THE STRAND
MDELITY
FEDERAL
BANK
OF DELRAY BEA
NOllCE OF PROPOSED LAND USE CHANGE
AND REZONING
The City Commission of the City of Delray Beach, Florida, proposes to
adopt the following small scale amendment to the Comprehensive Plan of
the City of Delray Beach:
· A Small' scale Future Land Use Map (FLUM amendment FROM CF-R
(Community Facilifies~Recrealion), TO CC (Commercial Core) and rezoning
FROM CF (Community Facilities) TO CBD (Central Business District for a
2.42 acm parcel ol~ land to be known as The Strand located on the west
side of S.E. 3rd Avenue, between S.E. 1st Street and S.E. 2nd Sl~t and
the Florida East Coast (F.E.C.) Railway on the west.
The City Commission will conduct a Public Hearing on TUESDAY, JULY 20,
2004, AT 7:00 P.M. in the Commission Chambers at City Hall, 100 N.W.
1 st Avenue, Delsey Bench, Florida (or at any continuation of such meeting
which is set by the City Commission). At this meeting the City Commission
will consider adopting this small scale amendment to the Future Land Use
Map of the Comprehensive Plan and the reZening. The title of the~enoct-
ing ordinance is as follows:
ORDINANCE NO. 32-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY C~F DELRAY
BEACH, FLORIDA, AMENDING THE FUTURE lAND USE MAP DESIGNA-
TION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM CF-R
ICOMMUNITY FACiLITIES-RECREATION) TO CC (COMMERCIAL CORE);
ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE L.~'~ID USE PLAN AMENDMENTS; AND
REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY
FACIUTIES) TO CBD (CENTRAL BUSINESS DISTRICT); SAID LAND BEING
A PARCEL OF LAND LOCATED ON THE WEST SIDE OF SE 3RD AVENUE,
B~vVEEN SE 1 ST STREET AND SE 2ND STREET, AS MORE PARTICULAR-
LY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
All interested citizens are invi~:~d to attend the public hearing and comment
upon the FutUre Land Use Map amendment and rezoning or submit their
comments in writing on or before the date of this hearing to the Planning
and Zoning Department. For f~rfner information or to obtain copies of the
proposed amendment, Pleese contact Scott Pape of the Planning and
Zoning Department, 100 N.W. 1st Avenue, Delray Beach, Florida
(emai[at Dzmail@mvdelrovbeach.com), phone (561)243-70~,0, between
the hours bf 8:00 a.~. and 5:00 p.m. on weekdays (excluding holidays).
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECI-
SION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAT-
TER CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED A VER-
BATIM RECORD OF THE PROCEEDINGS, AND FOR THIS PURPOSE SUCH
PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS BASED. THE CITY DOES
NOT PROVIDE OR PREPARE SUCH RECORD PURSUANT TO F.S.
286.0105.
CITY OF DELRAY BEACH
City Clerk
PUBLISH: Thursday, July 8, 2004
Boca Raton/Delray Beach News
^D:/t : NS07014