Ord 47-04 ORDINANCE NO. 47-04
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
TRN (TRANSITIONAL); 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)
DISTRICT TO RO 0LESIDENTIAL OFFICE) DISTRICT;
SAID LAND BEING A PARCEL OF LAND LOCATED ON
THE SOUTH SIDE OF SW 1sT STREET, BETWEEN SW 1sT
AVENUE AND SW 2ND AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, JULY
2004"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, New Urban Lighthouse, LLC, is the fee simple owner of a 0.86 parcel of land
located on the south side of SW 1st Street, between SW Ist Avenue and SW 2'~a Avenue; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use
Map (FLUlV0 designation of MD (Medium Density Residential 5-12au/ac); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from MD (Medium Density Residential 5-12du/ac) to TRN (Transitional); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated July, 2004 as being zoned RM (Medium Density Residential)
District; and
WHEREAS, at its meeting of August 16, 2004 the Planning and Zoning Board for the City
of Deltay Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 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 TRN (Transitional).
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 RO (Residential Office) District for the
following described property:
Lots 1 through 11, inclusive, and Lot 26, Heisley Estates Subdivision, being a Subdivision of
the North one-half (N 1/2) of Block 54, Dekay Beach, Florida, according to the Plat thereof
on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida,
recorded in Plat Book 13, Page 48
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 Depattuxent 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 Depaxtixlent of Community Affairs, Bureau of Local Planning, 2740 Centetariew
Drive, Tallahassee, Florida 32399-2100.
2 ORD NO. 47-04
AT-I~ST ~
Acting City Clerk .
Firs t Reading C)k~'~)a~
3 ORD NO. 47-04
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERff'~
SUBJECT: AGENDA ITEM # ~ 13[~5 - REGULAR MEETING SEPTEMBER 21, 2004
ORDINANCE NO. 47-04 (PRIVATELY INITIATED SMALL SCALE
FUTURE LAND USE MAP AMENDMENT)
DATE: SEPTEMBER 17, 2004
This ordinance is before Commission for second reading and a quadjudidal heating for a Future Land
Use Map (FLU1V0 Amendment from MD (Medium Density Residential 5-12 dwelling units per acre)
to TRN (Transitional) and rezoning from RM (Medium Density Residential 6-12 dwelling units per
acre) to RO (Residential Office) for a 0.86 acre parcel of land, a portion of the Lighthouse Property,
bordered by S.W. Ist Street on the north, S.W. 1st Avenue on the east, and S.W. 2~d Avenue on the
west.
The subject property consists of the northernmost portion of a former halfway house development
known as The Lighthouse. The parcel contains three 0) buildings, part of a fourth building, an
asphalt parking lot, and several walk'ways. This parcel is part of a larger mixed-use development
which will include office uses on the subject parcel, and multiple-family uses on the balance.
The mixed-use development will contain approximately 10,000 square feet of office floor area and 30
townhomes. The proposed office use is permitted under the proposed RO zoning, but would not be
allowed under the existing RM zoning.
The Planning and Zoning Board held a public hearing in conjunction with the request. There was no
public testimony regarding the request. The Board voted 5-0 to recommend that the request be
approved, by adopting the findings of fact and law contained in the staff report, and the request is
consistent with the Comprehensive Plan, the Southwest Area Neighborhood Redevelopment Plan,
the Downtown Delray Beach Master Plan, and meets the criteria with respect to Land Development
Regulations Section 2.4.50D)(5) (Rezoning Findings), Land Development Regulations Section 3.1.1
(Required Findings), and Land Development Regulations Section 3.2.2 (Standards for Rezoning
Actions).
At the first reading on September 7, 2004, the City Commission passed Ordinance No. 47-04.
Recommend approval of Ordinance No. 47-04 on second and final reading.
S:\City Clerk\agenda memo,\Ord. 47414 Lighthouse Property.09.21.lM
TO: DAVID T. HARDE~I"rY~ MA[~I)AGF_.~ .~
PAUL DORLING, DIRECTOR OF ~%INING AND ZONING
THRU:
/ /
FROM: ROBERT G. TEFFT, SENIOR PLA~M.~ER~~-~"'~
SUBJECT: MEETING OF SEPTEMBER 7, 2004
PRIVATELY SPONSORED SMALL SCALE FUTURE LAND USE MAP AMENDMENT FROM
MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC (MD) TO TRANSITIONAL (TRN) AND
REZONING FROM MEDIUM DENSITY RESIDENTIAL 6-12 DU/AC (RM) TO RESIDENTIAL /
OFFICE (RO) FOR THE PROPERTY BORDERED BY SW 1sT STREET ON THE NORTH, SW
1sT AVENUE ON THE EAST, AND SW 2ND AVENUE ON THE WEST.
The proposal incorporates the following:
All of Lots 1-11, Lot 26, and the alleys adjacent thereto, Heisley Estates Subdivision, a subdivision of
the north ~ of Block 54, De/ray Beach, Florida, according to the plat thereof on file in the office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 13, Page 48.
This parcel of land, which totals approximately 0.86 acres, constitutes the northernmost portion of a former
halfway house development known as The Lighthouse. The parcel contains three (3) buildings, part of a fourth
building, an asphalt parking lot and several walkways. This parcel is part of a larger mixed-use development
which will include office uses on the subject parcel, and multiple-family uses on the balance.
The mixed-use development will contain approximately 10,000 square feet of office floor area and 30
townhomes. The proposed office use is permitted under the proposed Re zoning, but would not be allowed
under the existing RM 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 August 18, 2004, the Planning and Zoning Board held a public hearing in conjunction with the
Future Land Use Map Amendment and Rezoning request. There was no public testimony regarding the
request. After reviewing the staff report and discussing the proposal, the Board moved a recommendation of
approval for the privately sponsored request for a small scale FLUM amendment from MD to TRN and
rezoning from RM to Re on a vote of 5-0 (Pike absent, Morris stepped down), 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, the Southwest Area Neighborhood Redevelopment Plan, the Downtown Delray Beach
Master 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 MD to TRN and
rezoning from RM to RO 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, the
Southwest Area Neighborhood Redevelopment Plan, the Downtown Delray Beach Master 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 August 16, 2004, and Ordinance by Others
PLANNING AND ZONING BOARD
CITY OF DELR Y BEACH ---STAFF REPORT---
MEETING DATE: August 16. 2004
AGENDA ITEM: ~v. B.
ITEM: Privately Sponsored Small Scale Future Land Use Map Amendment from Medium
Density Residential 5-12 du/ac (MD) to Transitional (TRN) and Rezoning from
Medium Density Residential 6-12 du/ac (RM) to Residential/Office (Re) (Quasi-
Judicial Hearing).
I eu~o.vG I
---- C/TY
Owner / Applicant ...................... New Urban Lighthouse, LLC. _ ~ ___-' .~ - .~ ,AL,
Agent ......................................... Tim Hernandez / Kevin Rickard -- -- -- ,--- --
Location ..................................... Southwest Corner of SW 1st --~- ' ~
N_W. ~$1' sr.c~ N.W. 1ST ~T,'
Street and SW 1 ~t Av.enue ~I ~ '~__ ~ -- -- ,-,
Property Size ............................. 0.86 Acres : --i __
Current FLUM Designation ........ Medium Density, 5 - 12 -- co~Mu~,~ __ ~_z
-- -- CEN ~'~R
Units/Acre (MD) ~ :. ,__ ·
Proposed FLUM Designation ..... Transitional (TRN) ~-----z r~~~,s ~m <
Current Zoning .......................... Medium Density Residential I I'-~ i ~,o~
(RM) ^ ~ ^. ~c ^v~:
Proposed Zoning ....................... Residential / Office (Re) III1~1 i Ill I ll
Adjacent Zoning .......... North: Community Facilities (CF) __ ~ ~,,~,"~c~ cou~r,,s°u~' . __
South: RM ~ ' ~o~.~c°u~r
East: Old School Square Historic Arts i --
District (OSSHAD) I I --
West: CF i I--
Existing Land Use ...................... Halfway House ~[ ~ ! I~z[T-~
Proposed Land Use ................... Business / Professional Offices ~ ~'~ ~ -- --
Water Service ............................ Existing on site ~ ~-~
Sewer Service ........................... Existing on site -- _ __ ~-- -- o
' ,.-_
PARK
DRUG ABUSE FOUNDArlON
OF
-- ' PALM ~EACH
IV. B.
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 for a 0.86 acre
parcel of land from Medium Density Residential 5-12 du/ac (MD) to Transitional (TRN) and
rezoning from Medium Density Residential 6-12 du/ac (RM) to Residential/Office (RO) for the
property bordered by SW 1st Street on the north, SW Ist Avenue on the east, and SW 2"d
Avenue 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 the following:
All of Lots 1-11, Lot 26, and the alleys adjacent thereto, Heisley Estates Subdivision, a
subdivision of the north ¼ of Block 54, Delray Beach, Florida, according to the plat
thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, recorded in Plat Book 13, Page 48.
This parcel of land, which totals approximately 0.86 acres, constitutes the northernmost portion
of an existing halfway house development known as The Lighthouse. The parcel contains three
(3) buildings, part of a fourth building, an asphalt parking lot and several walkways. The
balance of the site will be part of a mixed-use development which will contain multiple-family
uses that will be reviewed as part of a subsequent submittal.
An application has been submitted for a FLUM amendment from MD to TRN and rezoning from
RM to RO. These applications have been submitted to accommodate the office component of
a mixed-use development that will eventually contain approximately 10,000 square feet of office
floor area and 30 townhomes on adjacent property to the south. This proposed office use
would be permissible under the proposed RO zoning, but is not allowed under the existing RM
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:
[~ The amendment does not exceed 10 acres of land;
Planning and Zoning Board Staff Re~ort
Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and
Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property
Page 2
El 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;
El 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 pedod of 12 months;
El 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;
El 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
El The property that is the subject of a proposed amendment is not located within an
area of critical state concern.
The 0.86 acre property, which is located outside the City's Traffic Concurrency Exception Area
(TCEA), does not exceed ten (10) acres nor will it result in the processing of FLUM
amendments in excess of 60 cumulative acres this year. This application is the second small-
scale FLUM amendment being considered so far this year outside of the TCEA and will result in
a total amended acreage of approximately 3.28 acres. 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 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.
I~1 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 FLUM designation (TRN) and zoning district (RO) are consistent with one
another, and the proposed office use is allowed as a permitted use within the RO 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 Medium Density Residential (MD) to Transitional (TRN) and
Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property
Page 3
Concurrency - Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
Water and Sewer: Water service is available via service lateral connection to an existing 8"
water main located within the SW 1st Street right-of-way, an existing 8" water main located
within the SW 1st Avenue right-of-way, and/or an existing 10" water main located within the
SW 2nd Avenue right-of-way. There are three (3) fire hydrants within close proximity to the
subject property - one (1) on the north side of SW 1st Street and two (2) on the east side of
SW 1st Avenue. Sewer service is available via service lateral connection to existing 8"
sanitary sewer mains within the SW 1st Street right-of-way, the SW 2nd Avenue right-of-way,
and/or the alley bisecting the subject property.
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.
Drainage: With FLUM and rezoning requests drainage plans are not required. At present,
the property consists of several single/multiple-family dwellings, parking and other paved
areas. There is also a significant amount of pervious areas, especially on the west half of
the property. The FLUM amendment and rezoning will not impact this existing situation.
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: A traffic study indicating the AM and PM peak hour trips that would be generated by
the proposed office development has not been provided. The provision of a traffic study
indicating this information must be provided at the time of site plan approval; however it is
anticipated that the traffic generated by the proposed office development will not negatively
impact the surrounding neighborhood as the property is located within an area that consists
of the traditional road grid system. This system is conducive to traffic distribution, wherein,
automobiles have a diverse choice of options to navigate the area. Motorists are able to
navigate the local grid street system to avoid congestion in order to reach collector and
arterial roads such as Swinton Avenue, Atlantic Avenue, and SW 4th Avenue. Given the
diffusion of vehicle trips, it is unlikely that adjacent neighborhoods will be negatively
impacted by any additional traffic.
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 office development would generate 27 tons of waste annually. The Solid Waste
Authority has indicated that its facilities have sufficient capacity to handle all development
proposals till the year 2021.
Schools: School concurrency findings do not apply for non-residential uses. Thus, the
proposed development will not have an impact with respect to this level of service standard.
Planning and Zoning Board Staff Report
Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and
Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property
Page 4
I~1 Consistency - The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
Future Land Use Element Objective 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 can
be complimentary to the adjacent land uses, which consist of single and multiple-family
residential uses, a mixed-use (restaurant/hotel) development, the South County
Courthouse, a church, and a parking garage. The FLUM amendment and associated
rezoning will enable the fulfillment of remaining land use needs by the provision of
office/mixed-use development within the Southwest Neighborhood/Downtown Area as
discussed in greater detail with Future Land Use Element Policies C-1.7 and C-4.2. Based
upon the above, a positive finding can be made with respect to Future Land Use Element
Objective A-l, that the future redevelopment of the subject property will be complimentary
to adjacent land uses and will fulfill remaining land use needs.
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
(FLUM) must be based upon the findings listed below, and must be supported by
data and analysis that demonstrate compliance with these findings:
CI 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 Policies C-1.7 and C-4.2 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. However, in addition to these Policies,
changes have occurred in the character of the surrounding area which makes the proposed
FLUM and zoning designations appropriate. The proposed South County Courthouse
expansion, the proposed Delray Beach Public Library and the construction of the associated
parking garage as well as the construction of the Atlantic Grove development have all
impacted the character of the neighborhood. The introduction of office development and
new multiple-family housing into the area will be consistent with these changes and will
further the rehabilitation and redevelopment of the area.
Planning and Zoning Board Staff P, eport
Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and
Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property
Page 5
Future Land Use Element Policy C-1.7: The following pertains to the Southwest
Neighborhood Redevelopment Area:
This area is generally defined as the area bounded by West Atlantic Avenue on the
north, SW 10th Street on the south, Interstate-95 on the west, and Swinton Avenue on
the east.
Many of the parcels in the area contain vacant or dilapidated structures, substandard
parking and substandard landscaping. The area also contains residential areas
identified as "Rehabilitation" on the Residential Neighborhood Categorization Map
contained in the Housing Element.
The Southwest Area Neighborhood Redevelopment Plan was adopted by the C!ty
Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the
revitalization and stabilization of the area. The Southwest Area Neighborhood
Redevelopment Plan is divided into five sub-areas based upon current and proposed
land uses. The sub-areas serve to define potential boundaries for the phased
implementation of the various plan components. Future development in the area
must be in accordance with the provisions of the Redevelopment Plan.
The subject property is located within the borders of the Southwest Area Neighborhood
Redevelopment Plan and is more specifically included within sub-area #5. Sub-area #5 is
identified as "infill area" consisting of relatively stable residential neighborhoods that are
experiencing some deterioration, but do not require substantial redevelopment to achieve
community livability goals.
While the narrative for sub-area #5 does not specifically address the establishment of new
commercially oriented developments, the Redevelopment Plan does note the lack of
employment opportunities within the area and that the South County Courthouse, proposed
courthouse expansion, and proposed public library provide a natural area for commercial
expansion. The proposed FLUM amendment and associated rezoning would accomplish
the provision of additional commercial development, specifically office development, within
this area. The addition of offices appears very appropriate based upon the proximity of the
subject property to the aforementioned courthouse and the associated parking garage
(immediately to the north of the subject property) as well as the downtown area.
Further, as the proposed FLUM amendment and rezoning are associated with an overall
development scheme that includes the provision of new housing, an adequate buffer will be
provided between the new offices and existing single and multiple-family developments to
the south. The envisioned development will also likely improve the safety of the area as
well as its long term stability. It will introduce daytime activity (offices) and further nighttime
activity (residences), thereby providing more "eyes" to observe what is happening in the
area, which should be a deterrent to criminal activity that has been identified as a problem
with the Southwest Area Neighborhood. Based upon the above, a positive finding can be
made with respect to Future Land Use Element Policy C-1.7, that the FLUM amendment
and associated rezoning will fulfill the goals and objectives of the Southwest Area
Neighborhood Redevelopment Plan.
Planning and Zoning Board Staff i~eport
Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and
Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property
Page 6
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 West
Atlantic Neighborhood. While the Master Plan does not specifically address the subject
property with regard to a specific development proposal, it does discuss adjacent properties
that are presently undergoing development processes. It is noted within the Master Plan
that as a positive consequence of the relocation of the Delray Beach Public Library to the
surrounding area, development would be triggered within the West Atlantic Neighborhood.
As evidenced by the subject proposal, the suggested desired development is occurring.
The Master Plan identifies the West Atlantic Neighborhood as containing "very few offices"
and notes that mixed-uses should be encouraged within the neighborhoods. The
introduction of offices via the proposed FLUM amendment and rezoning along with the new
multiple-family housing included in the proposed overall development scheme would aid in
the fulfillment of this goal. Based upon the above, a positive finding can be made with
respect to Future Land Use Element Policy C-4.2, that the FLUM amendment and
associated rezoning will fulfill the goals and objectives 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 overall development scheme includes the introduction of new
multiple-family dwellings near the downtown area that 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
Planning and Zoning Board Staff P, eport
Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and
Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property
Page 7
activity that has been identified as a problem with the Southwest Area Neighborhood.
These factors should serve to stabilize the area and act as a genesis for future
neighborhood investment. Based upon the above, a positive finding can be made with
respect to Housing Element Policy A-12.3, that the FLUM amendment and rezoning will not
have a negative impact on the surrounding area with regard to noise, odors, dust, traffic
volumes, and circulation patterns.
E3 Compliance - Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Future redevelopment of the approximate 0.86 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 along with_ adjoining parcels to the south as
a mixed-use development consisting approximately of 10,000 square feet of office floor area
(subject property) and 30 residential dwelling units (adjacent property). The office portion of
the development proposal is permissible under the proposed RO zoning designation and
compatible with the proposed TRN FLUM designation. At this time no issues have been
identified which would prohibit compliance with the requirements of the RO 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:
Zoning Designation: Use:
North: Community Facilities (CF) Parking Garage
South: Medium Density Residential (RM) Future Multiple-Family Residential
Uses (Currently Abandoned Drug
Rehabilitation Facility)
East: Old School Square Historic Arts District (OSSHAD) Restaurant/Hotel (Sundy House)
West: Community Facilities (CF) South County Courthouse
Planning and Zoning Board Staff Report
Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and
Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property
Page 8
The proposal will rezone the 0.86 acre subject property from RM to RO. There are no
compatibility concerns with regard to the CF zoned parcels (courthouse and parking garage) as
CF zoning is deemed to be compatible with all other zoning districts. The property's adjacency
to the OSSHAD (to the east) will not result in an incompatibility as the zoning districts are of
similar intensity to one another and each allow a commercial component. Finally, the adjacent
RM zoned properties to the south are proposed to be incorporated with the subject property as
a mixed-use development. In addition to the above, LDR Section 4.4.17(A) (1) states that the
RO district is appropriate as a transitional land use between a commercial or industrial area and
a residential area. While the subject property is not adjacent to a predominantly commercial
district per se (the OSSHAD is considered a mixed-use district and consists of an array of
residential uses), the South County Courthouse, the pending courthouse expansion, the
adjacent parking garage and the pending Delray Beach Public Library will effectively operate
with the intensity of a commercial use, and the adjacent Sundy House is also a commercial use.
Thus, the proposed RO zoning district will cbnstitute a buffer between these uses and the
residential properties to the south. Based upon the above, a positive finding can be made with
regard to LDR Section 3.2.2(D), that the proposed rezoning will not result in adjacent
incompatible land uses.
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
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 mason for which the rezoning is being sought is most consistent with criterion "C". The
pending expansion of the South County Courthouse and the associated construction of the
parking garage as well as the pending construction of the Delray Beach Public Library
constitute an increase in the intensity of the neighborhood that makes the proposed RO zoning
designation more appropriate that the current RM zoning designation. As noted previously,
LDR Section 4.4.17(A) (1) states that the RO district is appropriate as a transitional land use
between a commercial or industrial area and a residential area. While the subject property is
not adjacent to a commercial zoning district, the adjacent established and proposed uses (i.e.,
the courthouse, parking garage, library, and the Sundy House) will effectively operate with the
intensity of commercial uses. Thus, the proposed RO zoning district will constitute a buffer
between these uses and the residential properties to the south and is therefore more
appropriate than the current RM zoning designation.
Further, the proposed zoning is appropriate for the subject property as it will further the goals
and objectives of both the Southwest Area Neighborhood Redevelopment Plan, the Downtown
Delray Beach Master Plan and the Comprehensive Plan by providing new employment
opportunities and office space to the neighborhood. Based upon the above, a positive finding
can be made with regard to LDR Section 2.4.5(D) (5), that the proposed zoning designation is
mom appropriate for the subject property based upon neighborhood circumstances.
Planning and Zoning Board Staff P, eport
Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and
Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property
Page 9
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Future redevelopment of the 0.86 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 an intent to develop
the subject property along with adjoining parcels to the south as a mixed-use development
consisting approximately of 10,000 square feet of office floor area (subject property) and 30
residential dwelling units (adjacent property). The office component is permissible under the
proposed RO zoning designation and compatible with the proposed TRN FLUM designation. At
this time no issues have been identified which would prohibit compliance with the requirements
of the RO 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 MD to TRN and rezoning from RM to RO are consistent
with the goals, objectives and/or policies of the Southwest Area Neighborhood Redevelopment
Plan, the Downtown Delray Beach Master Plan, the 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. Further, LDR Section 4.4.17(A) states that
the RO district is appropriate:
(1) As a transitional land use between a commercial or industrial area and a residential
area.
(2) As an incentive zoning in older residential areas which are in need of redevelopment
or revitalization, or are in a state of transition.
(3) To accommodate professional offices that will meet the needs of nearby
neighborhoods.
As discussed previously with regard to LDR Sections 2.4.5(D) (5) and 3.2.2(D), the proposed
rezoning of the subject property to RO will be appropriate. The subject property is located
Planning and Zoning Board Staff I~,eport
Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and
Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property
Page 10
within the boundaries of both the Southwest Area Neighborhood Redevelopment Plan and the
Downtown Delray Beach Master Plan. Both plans identify the lack of employment opportunities
and office space within the area. Further, the subject area is indicated as a prime area for this
type of development within the above Plans. The proposed rezoning would accomplish these
goals as the envisioned development for the subject property entails the provision of
approximately 10,000 square feet of new office floor area. Based upon the above, a
recommendation of approval should be made to the City Commission for the proposed FLUM
amendment and rezoning.
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 MD to TRN and rezoning from RM to RO
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, the Southwest Area Neighborhood Redevelopment Plan, the
Downtown Delray Beach Master 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 MD to TRN and rezoning from RM to RO
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, the
Southwest Area Neighborhood Redevelopment Plan, the Downtown Delray Beach Master
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 MD to TRN and rezoning from RM to RO 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, the
Southwest Area Neighborhood Redevelopment Plan, the Downtown Delray Beach Master 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
Staff Report Prepared by: Robert G. Tefft, Senior Planner
MARI~I~ LUTHER lONG dR. ORI'v~: N.E ~ ST.
,. CITY
A TL A N TI C AVE N'U E
COURT ~
~ LIGHTHOUSE PROPER~
ORDINANCE NO. 47-04
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 TRN (TRANSITIONAL); 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) DISTRICT TO RO (RESIDENTIAL OFFICE)
DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON
THE SOUTH SIDE OF SW 1sT STREET, BETWEEN SW 1sT AVENUE
AND SW 2ND AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, JULY 2004"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, New Urban Lighthouse, LLC, is the fee simple owner of a 0.86 parcel of land
located on the south side ofSW 1st Street, between SW 1st Avenue and SW 2nd Avenue; and
WHEREAS, the subject property hereinatSer described has an existing Future Land Use Map
(FLUM) designation of MD (Medium Density Residential 5-12du/ac); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from MD (Medium Density Residential 5-12du/ac) to TRN (Transitional); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated July, 2004 as being zoned RM (Medium Density Residential)
District; and
WHEREAS, at its meeting of August 16, 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 5 to
0 to recommend that the property hereinafler 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 TRN (Transitional).
Section 2. 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 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 RO (Residential Office) District for the
following described property:
Lots 1 through 11, inclusive, and Lot 26, Heisley Estates Subdivision, being a Subdivision
of the North one-half (N ½) of Block 54, Delray Beach, Florida, according to the Plat thereof
on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida,
recorded in Plat Book 13, Page 48
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. 47-04
ATTEST M A Y O R
City Clerk
First Reading
Second Reading
3 ORD NO. 47-04
CITY OF DELRAY BEACH
NOTICE OF PROPOSED LAND USE
'CHANGE AND REZONING
The City CommiSSion of ~ City of Delray Beach, Florida, proposes to adopt the
following small scale amendment to ~ Comprehensive Plan of the City of Delray
The City Commission will conduct a'Public Hearing on 11JESDAY. SEPI~r. MBER 21,
2004, AT 7,'00 P,M. in the Commission Chambers at City Hall, 100 N.W. Ist
Avenue, Delray Beach, Florida (or at any continuation of such mee~'ng which is set
by the City Commission). At this meeting the City Commission wilt consider adopt-
lng this small scale amendment to the Fulure Land Use Map of the Comprehensive
Plan and the rezoning. The tille ol~ the enacting ordinance is as follows:
* A small scale Fulure Land Use Map (FLUM) amendment FROM MD (Medium
Density Residential 5-12 du/ac) TO TRN (Transitional) and Rezoning FROM
(Medium Density Residential) TO RO (Residential Office) for a 0.86 Acre Parcel~
a Portion of the Ughthouse Properly, Located on the South Side of S.TM. 1st
Street, Between S.W. 1 st Avenue and S.W. 2nd Avenue.
ORDIHAHCE NO. 47-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION A~ CON-
TAINED IN THE COMPREHENSIVE PLAN FROM MD (MEDIUM DENSITY RESI-
DENTIAL 5-12 DU/AC) TO TRN (TRANSITIONAL); ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMAll SCALE LAND
USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY
ZONED RM 4MEDIUM DENSITY RESIDENTIAL) DISTRICT TO RO (RESIDENTIAL
OFFICE) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE
SOUTH SIDE OF S.W. 1ST STREET, BE'IWEEN S.W. 1 ST AVENUE AND S.W. 2ND
AVENUE~ AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, JULY 2004"; .PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
All interested citizens are invited to attend the public hearing and comment upon
the Fulure 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~rther information Or to Obtain copies of the proposed amend-
ment, please contact Scott Pap~ of the Planning' and Zoning Department 100 N.W.
! st Aver~ue, Delray Beach, Florida 33444 (e-mai[ at pzmaii@myddraybeach.com),
phone (561)243-7040~ between.the hours of 8:00 a.m.. and 5:00 p.m. on week-
PLEASE BE ADVISED THAT'IF A PERSON DECIDES TO APPEAL ANY DECISION
MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAT[ER CONSID-
ERED AT THIS HEARING, SUCH PERSON WILL NEED A VERBATIM 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
Chevelle D. Nubin
Acting City Clerk
PUBUSH: Thursday, September 9, 2004
Boca Raton/Delray Beach News
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