Ord 34-98ORDINANCE NO. 34-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAN-DUSE
MAP DESIGNATION FROM COMMUNITY FACILITIES-CHURCHES
TO TRANSITIONAL, AND REZONING FROM CF (COMMUNITY
FACILITIES) DISTRICT TO POD (PROFESSIONAL OFFICE
DISTRICT), FOR PROPERTY COMMONLY KNOWN AS THE WDBF
RADIO STATION SITE, AS THE SAME IS MORE
PARTICULARLY DESCRIBED HEREIN, LOCATED ON THE SOUTH
SIDE OF WEST ATLANTIC AVENUE, EAST OF HOMEWOOD
BOULEVARD; ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE
PLAN AMENDMENTS; ANDAMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is designated
on the Future Land Use Map (FLUM) in the Comprehensive Plan for the
City of Delray Beach, Florida, as Community Facilities-Churches; and
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and
WHEREAS, at its meeting of July 20, 1998, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item at a public hearing and voted unanimously to
recommend approval of the small scale FLUM amendment and rezoning,
based upon positive findings; and
WHEREAS, it is appropriate that the Future Land Use Map in
the Comprehensive Plan be amended to reflect the revised land use
designation, and that the Zoning District Map of the City of Delray
Beach, Florida, dated April, 1994, 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 legal description of the subject
property is as follows:
Lot 1, of Golfview Estates, according to the Plat
thereof as recorded in Plat Book 24, Page 50, of
the Public Records of Palm Beach County, Florida,
less and excepting therefrom the northerly 13 feet
conveyed to the State of Florida for the use and
benefit of the State Road Department of Florida, by
Deed dated for April 19, 1963, recorded August 28,
1964 in Official Record Book 1078, Page 286, of
said Public Records.
TOGETHER WITH
A tract of land in Section 18, Township 46 South,
Range 43 East, more particularly described as
follows:
Beginning at a point, which is the intersection of
the South right-of-way line of State Road 806 and
the East line of Golfview Estates, as recorded in
Plat Book 24, Page 50, Public Records of Palm Beach
County, Florida, which point is also the northeast
corner of Lot 1 of the aforesaid subdivision;
thence with said right-of-way line North 83 degrees
26'49" East, 97.00 feet to a point; thence South 07
degrees 26'49" West, 114.92 feet to a point; thence
South 87 degrees 03'49" West, 80.00 feet to a point
on the east line of the aforesaid subdivision;
thence with said east line, North 00 degrees 50'41"
West, 106.99 feet, more or less, to the point of
beginning.
Less and excepting therefrom such portions of the
above described lands as may lie within the
description of lands conveyed by the Grimes
Foundation of the State of Florida, for the use and
benefit of the State Road Department of Florida, by
Deed dated March 18, 1963, recorded August 28, 1964
in Official Record Book 1078, Page 288 of said
Public Records.
The subject property is located on the south side
of West Atlantic Avenue, east of Homewood Boulevard
(2710 West Atlantic Avenue); containing 0.54 acres,
more or less.
Section 2. That the Future Land Use Map in the
Comprehensive Plan of the City of Delray Beach, Florida, is hereby
changed to reflect a land use designation of Transitional for the
subject property.
Section 3. That the City of Delray Beach elects to make
this small scale amendment by having only an adoption hearing,
pursuant to Florida Statutes Section 163.3187(1) (c)4.
- 2 - Ord. No. 34-98
Section 4. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, is hereby amended to
reflect a zoning classification of POD (Professional Office District)
for the subject property.
Section 5. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 4 hereof.
Section 6. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 7. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 8. That this ordinance shall become effective
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 6th day of October , 1998.
ATTEST:
' ~ City ~lerk '
First Reading September 15, 1998
Second Reading October 6, 1998
- 3 - Ord. No. 34-98
~- Ki i GsL~ND.
BOULEVARD
~C
~ L
p E LR AY
BEACH
$.w. 6TH ST.
[ i I I I I I i ;
M U N I C I P A L(~G0 L r''
couRSE
N
~)L~NNIND & ZONIND D~-PARTV~I¢?
WDBF RADIO STATION
2710 WEST ATLANTIC AVENUE
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
AGENDA ITEM /0~~ REGULAR MEETING OF OCTOBER 6, 1998
ORDINANCE NO. 34-98 (SMALL SCALE FLUM AMENDMENT AND
REZONING/WDBF RADIO STATION)
SEPTEMBER 30, 1998
This is second reading and a quasi-judicial public hearing for
Ordinance No. 34-98 which provides for a small scale Future Land
Use Map (FLUM) amendment from Community Facilities-Churches to
Transitional, and rezoning from CF (Community Facilities) to POD
(Professional Office District) for the WDBF Radio Station site.
The subject property is located on the south side of West
Atlantic Avenue, east of Homewood Boulevard (2710 West Atlantic
Avenue) and contains 0.54 acres.
The FLUM amendment and rezoning are being processed to
accommodate WDBF which wishes to expand its offices and studios
by constructing a new office building. Business and professional
offices are not permitted under the current land use designation
and CF zoning classification. The current use is legally
non-conforming. With the proposed designation changes the use
will be conforming and its expansion permitted. Additional
background and analysis of the request is provided in the
attached staff report.
On July 20, 1998, the Planning and Zoning Board held a public
hearing in conjunction with review of the requests. There was
public testimony expressing concerns with respect to the height
and size of the proposed new building, and traffic. The
representative for the radio station stated they would be willing
to work with the community to produce a pleasing development
project. After discussion, the Board voted unanimously to
recommend approval of the FLUM amendment and rezoning.
At first reading on September 15, 1998, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 34-98 on second and final
reading, based upon positive findings and recommendation by the
Planning and Zoning Board.
ref:agmemo7
PLANNING AND ZONING BOARD
CITY OF DELi:LAY BEACH ---STAFF REPORT---
MEETING DATE'
AGENDA ITEM'
ITEM:
July 20, 1998
V.B.
Future Land Use Map Amendment from CF-C (Community Facilities-
Churches) to Transitional and Rezoning from CF (Community Facilities)
to POD (Professional Office District), for the WDBF Radio Station,
Located on the South Side of Atlantic Avenue, East of Homewood
Boulevard.
' I
GENERAL DATA:
Owner/Applicant ......................
Agent .......................................
Location ...................................
Property Size ...........................
Existing F.L.U.M. Designation..
Proposed F.L.U.M. Designation.
Mitchell Rubenstein and Laurie Silvers
Jeffrey A. Omstein, Architect
South side of Atlantic Avenue, east of Homewood Boulevard
(2710 W. Atlantic Avenue)
0.54 Acre
Communi~ Facilities-Churches
Transitional
Current Zoning ............................ CF (Community Facilities)
Proposed Zoning ........................ POD (Professional Office District)
Adjacent Zonings .............. North:
East:
South: CF & OSR
West: CF
Existing Land Use ....................... Radio Station
Proposed Land Use ....................Future Land Use Ma~. Am~nnm_n~~ ' ~, +
accommodate the construction of a
associated with the existing radio station.
Water Servlc .............................. n/a
Sewer Service ............................. n/a
RM (Multiple Family Residential-Medium Density) & POD
OSR (Open Space & Recreation)
and Rezoning to
new office building
The item before the Board is that of making a recommendation on a privately initiated
Small-Scale Future Land Use Map Amendment from CF-C (Community Facilities-
Churches) to TRN (Transitional) and a rezoning from CF (Community Facilities) to
POD (Professional and Office District) for the WDBF Radio Station.
The subject property is located on the south side of W. Atlantic Avenue,
approximately 250' east of Homewood Boulevard and consists of approximately .54
acres.
The proposal incorporates Parcel I (Lot 1, Golfview Estates Subdivision) which
consists of approximately .33 acres, and Parcel 2, an unplatted parcel of land
consisting of approximately .21 acres. With the Citywide rezoning and adoption of the
Comprehensive Plan in October of 1990, the subject property was rezoned from R-l-
AA (Single Family Residential) to CF (Community Facilities). Currently, a 1,580 one
stow building constructed in 1961 along with a mulch parking area serves as the
offices for the WDBF radio station. An existing radio tower located off site on the City
Municipal Golf Course directly south of the offices serves the broadcasting function.
In December, 1997, a site plan modification application to construct a parking lot with
associated landscaping and drainage improvements was submitted, however the
property was sold and the site plan request was withdrawn.
In June, 1998, a request for a Future Land Use Map amendment to Transitional and
rezoning of the property to POD (Professional and Office District) was submitted by
the new owners and is now before the Board for action.
The proposal is to change the Future Land Use Map designation from CF-C to TRN
and to rezone the property from CF to POD. The FLUM amendment and rezoning are
being processed to accommodate WDBF Radio Station which wishes to expand its
offices and studios by constructing a new office building. Business and professional
offices are not permitted under the current CF-C FLUM and CF zoning designations,
and the current use is legally non-conforming. With the proposed designation
changes the use will be conforming and its expansion permitted.
P & Z Staff Report
WDBF Radio Station - FLUM Amendment and Rezoning
Page 2
This Future Land Use Map Amendment is being processed as a Small-Scale
Development pursuant to Florida Statutes 163.3187. This statute states that any local
government comprehensive land use amendments directly related to proposed small
scale development activities may be approved without regard to statutory limits on the
frequency of consideration of amendments (twice a year), subject to the following
conditions:
El The amendment does not exceed 10 acres of land;
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;
and,
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 period of
12 months.
The Future Land use Map amendment involves a .54 acre area, thus the total area is
less than the 10 acre maximum. The property is not located within a designated
redevelopment or traffic concurrency exception area. This amendment along with
other small-scale amendments processed this year (Hammock Reserve and Citation
Club: .72 acre) have a combined total of 1.26 acres. This property has not previously
been considered for a land use amendment nor has the same property owner's
properties been granted a land use change within 200 feet, within the last year.
Land Use Analysis:
Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use
Map), all land uses and resulting structures must be allowed in the zoning
district within which the land is situated and, said zoning must be consistent
with the land use designation as shown on the Future Land Use Map.
The proposed Transitional Future Land Use Map designation is consistent with the
following zoning classifications: A (Agricultural), R-1-A thru R-l-AAA (Single Family
Residential), RL (Low Density Residential), PRD (Planned Residential Development),
RM (Medium Density Residential); POD (Professional and Office District), POC
(Planned Office Center), RO (Residential Office), NC (Neighborhood Commercial),
OSR (Open Space and Recreation), OS (Open Space), and CF (Community
Facilities). The proposed amendment to TRN (Transitional) is being processed
P & Z Staff Report
WDBF Radio Station - FLUM Amendment and Rezoning
Page 3
concurrently with a request for rezoning to POD (Professional and Office District) to
accommodate the existing broadcast studio office, which is allowed as a permitted
use, and to allow the establishment of a new office building for the radio station.
Adjacent Land Use Designations, Zoning Designations &. Land Uses:
North: North of the property, across W. Atlantic Avenue, has a Future Land Use Map
designation of TRN (Transitional) and is zoned RM (Multiple Family Residential-
Medium Density). The existing land use is a condominium development (First
Encounter Condominiums).
South: South of the property are CF-C (Community Facilities-Churches) and OS
(Open Space) Future Land Use Map designations. The properties are zoned CF
(Community Facilities) and OSR (Open Space) and existing land uses are St. Mary
the Virgin Church and the City of Delray Beach Municipal Golf Course.
East: East of the property has an OS (Open Space) Future Land Use Map
designation and the property is zoned OSR (Open Space and Recreation). The
existing land use is the City of Delray Beach Municipal Golf Course.
West: West of the property has a CF-C (Community Facilities-Churches) Future Land
Use Map designation and the property is zoned CF (Community Facilities). The
existing land use is St. Mary the Virgin Church.
Allowable ,Land Uses:
Under the current Community Facilities FLUM and CF zoning designations, business
and professional offices are not permitted. The CF land use and zoning designations
accommodate a wide range of public, semi-public, and private uses (i.e., civic centers,
hospitals, governmental offices, churches, etc.). Under the proposed Transitional
FLUM designation and associated POD zoning designation, professional and
business office developments are allowed. The applicant has requested a zoning
designation of POD, which renders the current office uses conforming as well as
allows future expansion of the office building [ref. LDR Section 4.4.16(B)(1)]. Based
upon the above, a positive finding can be made with respect to consistency with the
Future Land Use Map designation.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable policy was found.
P & Z Staff Report
WDBF Radio Station - FLUM Amendment and Rezoning
Page 4
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use
Map (FLUM) must be based upon the following findings:
Demonstrated Need -That there is a need for the requested land use. The
need must be based upon circumstances such as shifts in demographic
trends, changes in the availability of land, changes in the existing character
and FLUM designations of the surrounding area, fulfillment of a
comprehensive plan objective or policy, or similar circumstances. The need
must be supported by data and analysis. This policy shall not apply to
requests for the FLUM designations of Conservation or Recreation and Open
Space.
The proposal is to change the FLUM designation from CF-C to TRN, and to
rezone the property from CF to POD. The existing FLUM designation (CF-C) and
zoning designation (CF) do not permit the existing use of business and
professional offices. The applicant is requesting the FLUM and zoning designation
changes to accommodate the existing office use and permit an office expansion.
The need for this land use category in this area is supported by the continuing
success for this professional office use at this site for many years. Further, this
can be viewed as a corrective amendment applying the appropriate designation to
reflect existing uses.
Consistency --The requested designation is consistent with goals,
objectives, and policies of the most recently adopted Comprehensive Plan.
The proposal is consistent with the goals, objectives and policies of the City's
Comprehensive Plan. The following are the other applicable goals, objectives and
policies.
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 complementary to adjacent uses, and fulfills remaining land use needs.
The subject property does not have any unique environmental characteristics that
would prohibit development of the site or require mitigation measures. The
property can be developed in a manner that will be complementary to the adjacent
areas. The Transitional FLUM designation will accommodate the existing office
development. This application will fulfill remaining land use needs and the
demand for these needs are currently being accommodated by this existing use.
P & Z Staff Report
WDBF Radio Station - FLUM Amendment and Rezoning
Page 5
Concurrency ' The requested designation will be compatible with existing
and future land uses of the surrounding area. Pursuant to LDR Section
3.1.1(B), facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water and Sewer:
Currently, the existing building is on well and septic, and the construction of a new
office building will require connections to available services. The City's
Environmental Services Department has indicated that water service is available
west of the subject site. The applicant must extend the main easterly within the
Florida Department of Transportation right-of-way or within a 12' water main
easement which must be obtained across St. Mary Church property.
With respect to sewer service, a 6' deep manhole is located at the south east
corner of the St. Mary Church property. Currently, there is an existing sewer
lateral to the restrooms located on the golf course. The applicant will be required
to extend the sewer main eastward, set a new manhole, tie in the existing sewer
service, then extend a new 8" sewer main northward to a new manhole. A 12'
sewer easement will be required over all improvements.
Required connections to water and sewer services will be reviewed at the time a
site plan and engineering plan are submitted.
Drainage:
With FLUM and rezoning requests drainage plans are not required. Approximately
1/3 of the site is currently developed with a 1,580 sq. ft. building and a mulch
parking area. The remainder of the site is undeveloped. A drainage plan will be
required with the site development plan for any new development.
Traffic:
The current CF land use and zoning designations allow for a variety of uses,
including governmental, community, recreational, services, religious, health care,
and educational. Given the wide range of uses permitted within the CF land use
and zoning designations, trip generation rates with each of these type of uses will
vary. Given the size of the parcel, the higher traffic generator uses would probably
not be established.
P & Z Staff Report
WDBF Radio Station - FLUM Amendment and Rezoning
Page 6
The proposed Transitional land use and POD zoning designations will allow office
uses. Office trip generation rates also vary depending upon the size of the
building and types of services offered. With the proposed expansion of the WDBF
offices, an increase in trips can be expected. However, W. Atlantic Avenue is
constructed to six lanes, and no concurrency issues are anticipated with this office
expansion.
With future redevelopment of the site submittal of a traffic study indicating existing
and future traffic generation rates and impacts on the surrounding network will be
required.
Parks and Recreatio,n:
Park and dedication requirements do not apply to nonresidential uses. Thus, there
will be no impact on this level of service standard.
Solid Waste:
The current CF land use designation provides for a variety of public, semi-public,
and private uses (i.e., educational, health care, governmental, recreational, and
religious facilities) and the solid waste generation rates vary for these uses. The
trash generation rate for the existing 1,580 sq. ft. building is 8,532 lbs./yr. (4.26
tons/yr.). Trash generation rates for the proposed TRN land use designation will
also vary given the different uses allowed by some of the applicable zoning
districts of the TRN land use designation (POC, POD, RO, NC), which allow office,
retail sale, and service related uses. While no plans have been formally submitted
for the new office building an increase in trash generation may be expected under
the POD designation. However, adequate capacity exists at the County Land Fill
to accommodate this use.
Compliance -- Development under the requested designation will comply
with the provisions and requirement of the Land Development Regulations.
Compliance with the Land Development Regulations will be further addressed with
review of a site plan approval request.
Compatibility -- The requested designations will be compatible with the
existing and future land uses of the surrounding area.
As described in the Future Land Use Element of the Comprehensive Plan, the
proposed Transitional Land Use Map designation is applied to land which is
developed, or is to be developed, for either residential or nonresidential uses. In
some instances this designation provides for a transition between less intensive
P & Z Staff Report
WDBF Radio Station - FLUM Amendment and Rezoning
Page 7
residential use and commercial uses. In other instances, this designation allows
the establishment of uses which are compatible with adjacent residential use.
Compatibility with the adjacent Community Facilities and Open Space
designations (church and golf course) are not a major concern. The adjacent
Transitional Land Use to the north (multiple family residential) is consistent with
the proposed land use change. Further, the residential properties will be
separated by Atlantic Avenue and applicable buffering requirements. The
proposed office project will be required to adhere to the City's Land Development
Regulations with respect to setback, height, landscaping, lighting, signage and
parking requirements. Pursuant to LDR Section 4.3.4(H)(b) (Special Landscape
Setbacks), a special landscape area either 30' or 10% of the average depth of the
property, but less than 10' must be provided along W. Atlantic Avenue. Any future
development will be reviewed for compatibility and compliance with development
requirements at the time a site plan application is formally submitted.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1(Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is
part of the official record. This may be achieved through information on the
application, the staff report, or minutes. Findings shall be made by the body
which has the authority to approve or deny the development application. These
findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan
Consistency and Compliance with the Land Development Regulations.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the Future Land Use Map Analysis section of this report.
Compliance with respect to Compliance with the Land Development Regulations
(Standards for Rezoning Actions, Rezoning Findings) are discussed below.
CONSISTENCY: Compliance with the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required findings in
Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding
of overall consistency is to be made. Other objectives and policies found in the
adopted Comprehensive Plan may be used in the making of a finding of overall
consistency.
Section 3.3.2 {Standards for Rezoning Actions): Standards A-C are not
applicable. The applicable performance standard of Section 3.3.2 is as follows:
P & Z Staff Report
WDBF Radio Station - FLUM Amendment and Rezoning
Page 8
D)
That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and proposed;
or that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
The property to the north is zoned RM (Multiple Family Residential-Medium
Density); to the south is zoned CF (Community Facilities) and OSR (Open Space
and Recreation); to the east is zoned OSR (Open Space and Recreation); and, to
the west is CF (Community Facilities). The surrounding land uses are as follows:
to the north, across W. Atlantic Avenue is the First Encounter Condominium; east
and south is the City of Delray Beach Municipal Golf Course; and south and west
is St. Mary Church. -
Compatibility with the adjacent properties zoned CF and OSR is not a concern.
While RM property is located on the north side of Atlantic Avenue the use will be
separated by a 120' right-of-way and required buffers along Atlantic Avenue.
Furtherl the proposed POD zoning will allow professional office uses which are
generally considered compatible with multiple family uses.
The existing office building has co-existed with the surrounding uses for several
years and this rezoning proposal will not be introducing a new use to the property
or area.
As previously discussed in the Compatibility section of this staff, any further
development must adhere to the City's Land Development Regulations with
respect to setback, height, landscaping, lighting, signage and parking
requirements. In addition, pursuant to LDR Section 4.3.4(H)(b) (Special
Landscape Setbacks), a special landscape area either 30' or 10% of the average
depth of the property, but less than 10' must be provided along W. Atlantic
Avenue.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
a. That the zoning had previously been changed, or was originally established,
in error;
b. That there has been a change in circumstances which make the current
zoning inappropriate;
P & Z Staff Report
WDBF Radio Station - FLUM Amendment and Rezoning
Page 9
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 has submitted a justification statement which states the following:
"The radio station requires new offices and new studios (a new building), and
therefore it is necessary to change the zoning (POD zoning)-to maintain its
continuous operation providing quality broadcasting services to the residents of
Delray Beach. The proposed zoning is consistent with the current use of the
property as offices with an accessory use of broadcasting studio. Further, the
proposed zoning is more appropriate based on the current use of the property."
The applicable reasons are both a and c. The zoning designation applied to the
property in 1990 was CF-C (Community Facilities-Church). At this time the site was
occupied by the current office uses which are not allowed in CF. A possible
explanation for the CFoC application is that the site was lumped into a designation
applied to the church property immediately to the west. The rezoning is also
supported by reason c in that the current zoning designation of CF allows for potential
uses such as civic centers, governmental offices, etc., which are of similar intensity to
the office uses allowed under the proposed POD designation. Further, the requested
designation of POD is more appropriate for the property given its long established
office uses.
Based upon the above, it is appropriate to rezone the property to POD.
The subject property is not in a geographic area requiring review by either the HPB
(Historic Preservation Board), DDA (Downtown Development Authority) or the CRA
(Community Redevelopment Agency).
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property.
Special courtesy notices have been sent to:
Q High Point
Q Presidents Council
1~ Progressive Residents of Delray (PROD)
P & Z Staff Report
WDBF Radio Station - FLUM Amendment and Rezoning
Page 10
Q Woodlake
Letters of objection or support, if any, will be presented at the P & Z Board
meeting.
The FutL~r-e Land Use Map Amendment from Community Facilities-Churches to
Transitional is consistent with the policies of the Comprehensive Plan and Chapter 3
of the Land Development Regulations. The amendment will apply the appropriate
Future Land Use Map zoning designation to accommodate the existing use as well as
permit the expansion of the WDBF Radio Station offices. The rezoning from CF to
POD is consistent with the policies of the Comprehensive Plan and Chapter 3 of the
Land Development Regulations. Positive findings can be made with respect to
Section 2.4.5(D)(5) (Rezoning Findings), that the rezoning is appropriate given the
circumstances particular to the site and the surrounding area. The current office has
existed along with the adjacent uses for several years and its expansion should not
negatively impact the adjacent properties. The construction of the new building will
require submittal of a complete site plan application and adherence to the Land
Development Regulations.
A. Continue with direction.
Recommend approval of the Small-Scale Future Land Use Map Amendment from
Community Facilities-Churches to Transitional, and the rezoning request from CF
to POD based upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the Comprehensive
Plan, and LDR Sections 2.4.5(D)(5), and LDR Section 3.3.2.
Recommend denial of the Small-Scale Future Land Use Map Amendment from
Community Facilities-Churches to Transitional, and the rezoning request from CF
to POD based upon a failure to make positive findings with respect to LDR Section
2.4.5(D)(5), that the rezoning fails to fulfill one of the basis reasons.
Recommend to the City Commission approval of the Small-Scale Future Land Use
Map amendment from Community Facilities-Churches to Transitional and the
rezoning from CF to POD based upon positive findings with respect to Chapter 3
P & Z Staff Report
WDBF Radio Station - FLUM Amendment and Rezoning
Page 1 1
(Performance Standards) of the Land Development Regulations, policies
Comprehensive Plan, and LDR Section 2.4.5(D)(5), and LDR Section 3.3.2.
Attachments:
!~! Location Map
Q Existing Future Land Use Map
Q Existing Zoning Map
F~ Survey
of the
u:\grahamc\pzrep\wdbfrep.doc
HIGH pOiNT
POINI DRI~
0 ?
DELRAY
HIGH POIN 1 BOULE VARD
MD
~ A N AI L-33
'~' M~ HiGH POINl COURT
PRIYA'I'[
HIGH POINT TERR. £.
BOULEVARD
CF
TEMPLE
SINAI
I f I I
2ND ST.
CF'C
D E LR A Y
MuNiCIPAL
GOLF
coURSE
S.W, 6TH ST.
I I
N
CITY C~ D[LRA¥ B[ACH, FL
PLANNING ,~- ZONING DEPARTMENT
WDBF RADIO STATION
- EXISTING FUTURE LAND USE MAP DESIGNATION -
---- DIgITAl. ~A~E IIAP ..,c)'"~TEM -- MAP REF: LM260
HIGH poINT
0 ?
DEL,RAY
HIGH POINT BDwlL[ VARD
RM
--o
HIGH POINT COURT WEST
HIGH POINT TERRACF WEST
CANAL L-33
HIGH POINT COURT
PRtVATE
BOULEVARD
HIGH POINT T[RR. [.
CF
2NO S1.
TEMPLE
SINAI
CF
DELRAY
~ ~ A c H OSR
M LJ N I C I P A L~G0 L r~-
couRSE
S.W. 6TH ST.
CITY O~' D?LRAY B[ACH. FL
PLANNINC, &: ZONING DEPARTM~'NT
WDBF RADIO STATION
- EXISTING ZONING -
---- DIGITAl ~,X~S_r' MAP S,"~T£M ---- MAI REF: LM260
!I
Boca Raton News, Monday, September 28, ! 99~
¢I'I Y OF DELRAY BEACH, FLORIDA
NOTICE OF LAND USE CHANGE
The City Commission of the City of Delray Beach, Florida, wili con-
-'sider a proposed change to the Future Land Use Map from CF-C
(Community Facilities-Churches) to TRN (Transitional) and a razon-
lng from CF (Community Facilities) to POD (Professional and Office
District) for the WDBF Radio Station property. The subject property
is located on the south side of W. Atlantic Avenue, approximately
250' east of Homewood Boulevard and consists of approximately
.54 acres.
The City Commission will conduct a Public Hearing on TUESDAY,
OCTOBER $, 1998, AT 7:00 P.M. (or at any continuation of such
meeting which is set by the Commission), in the Commission
Chambers at City Hall, 100 NW 1st Avenue, Delray Beach, Florida.
At this meeting the City Commission will consider adopting this
small scale amendment to the Future Land Use Map. The title of the
enacting ordinance is as follows:
ORDINANCE NO, 34-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND
USE MAP DESIGNATION FROM COMMUNITY FACILITIES-
CHURCHES TO TRANSITIONAL, AND REZONING FROM CF
(COMMUNITY FACILITIES) DISTRICTTO POD (PROFESSIONAL
OFFICE DISTRICT), FOR PROPERTY COMMONLY KNOWN AS
THE WDBF RADIO STATION SITE, AS THE SAME IS MORE PAR-
TICULARLY DESCRIBED HEREIN, LOCATED ON THE SOUTH
SIDE OF WEST ATLANTIC AVENUE, EAST OF HOMEWOOD
BOULEVARD; ELECTING TO PROCEED UNDER THE SINGLE ~
HEARING ADOPTION PROCESS FOR SM,A~L SCALE LANI~.
USE PLAN AMENDMENTS; AND AMENDING ZONING MAP OF~
DELRAY BEACH, FLORIDA, 1994"; 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 proposed Future Land Use Map Amendment or
submit their comments in writing on or before the date of this hear-.
lng to the Planning and Zoning Department. For further information-
or to obtain copies of the proposed amendment, please contact Jeff ~
Costello at the Planning and Zoning Department, City Hall, 100 NW
1st Avenue, Delray Beach, Florida 33444, (Phone (561/243-7040)
between the hours of 8:00 A.M. and 5:00 P.M., Monday through~
Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE CITY COMMISSION
WITH RESPECT TO ANY MA'I-I'ER CONSIDERED AT THIS
HEARING, SUCH PERSON WILL NEED A RECORD OF THESE
PROCEEDINGS, AND FOR THIS PURPOSE MAY NEED TO
ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTI-
MONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.
THE CITY DOES NOT PROVIDE NOR PREPARE SUCH
RECORD PURSUANT TO ES. 286.0105.
PUBLISH: Boca Raton News CITY OF DELRAY BEACH
September 28, 1998 Alison MacGregor Harty
Ad #776309 City Clerk
' MOP~J~¥ I~SCRIBED
OF DE[RAY BEACH, P,.ORIDA, 1994";
PRO~O~-A GENERAL REPEN. ER
AN O~DINANCE OF THE cr~Y COM-
MISSION 0FTHE Ct'IY OF DELRAY
TtON 2.4.3., 'SU~M
REQUIREMENTS", SUB~ECTION
2.4.~,, "Tt~:~ STATEMENTS
AND S'IUDIES", OF THE I..AND
2.4.3(E)(3), "TRANS PORTAl'ION
: TtONS '11.~T WILL RESULT IN 'mE
ADOt*TION OF MORE 'IY~N 50
EMI~.OYEES ON I~:IL~IISES LOC, AT-
ED ~N 114E C~TY'S TRANSPORTATION
CONCURRENCY EXCEPTION N~EA
PROGRN~I TO IMPLEMEI~
Ab~TIVITIES; PROVIDING A GENERAL
CtJRISE, MD M EF~ [~
f~lll ~ IMled Itit II a pera~n
MlmO~ sum pMson rnl/nmd ID
Indudes Ihe l~lnY~y and eMMnt~
TO:
THRU:
FROM:
SUBJECT:
MEETING OF SEPTEMBER 15, 1998
SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM COMMUNITY
FACILITIES-CHURCHES TO TRANSITIONAL, AND REZONING FROM CF
(COMMUNITY FACILITIES) TO POD (PROFESSIONAL AND OFFICE
DISTRICT) FOR THE WDBF RADIO STATION LOCATED ON THE SOUTH
SIDE OF W. ATLANTIC AVENUE, EAST OF HOMEWOOD BOULEVARD.
The FLUM amendment and rezoning are being processed to accommodate WDBF Radio
Station which wishes to expand its offices and studios by constructing a new office building.
Business and professional offices are not permitted under the current CF-C FLUM and CF
zoning designations, and the current use is legally non-conforming. With the proposed
designation changes the use will be conforming and its expansion permitted. Additional
background and analysis of the request is found in the attached Planning and Zoning Board
staff report.
At its meeting of July 20, 1998, the Planning and Zoning Board held a public hearing in
conjunction with review of the requests. There was public testimony expressing concerns with
respect to the height and size of the proposed new building, and traffic. The representative for
the radio station stated they would be willing to work with the community to produce a pleasing
development project. After further discussion, the Board then unanimously voted to
recommend approval of the FLUM Amendment and rezoning to the City Commission.
By motion, approve on first reading the ordinance for the FLUM amendment from CF-C
(Community Facilities-Churches) to TRN (Transitional) and the rezoning from CF (Community
Facilities) to POD (Professional and Office District), based upon positive findings and
recommendation by the Planning and Zoning Board, and setting a public hearing date of
October 6, 1998.
Attachment: · Planning and Zoning Staff Report
· Ordinance by Others
filename:u:grahamc\ccdoc\wdbfcc.doc
LEGAL VERIFICATION FORM
FILE #: 98-190 &98-191
PROJECT NAME: WDBF - FLUM & REZONING
LEGAL DESCRIPTION:
Lot 1, of Golfview Estates, according to the Plat thereof as recorded in
Plat Book 24, Page 50, of the Public Records of Palm Beach County,
Florida, less and excepting therefrom the northerly 13 feet conveyed to
the State of Florida for the use and benefit of the State Road Department
of Florida, by Deed dated for April 19, 1963, recorded August 28, 1964 in
Official Record Book 1078, Page 286, of said Public Records.
Together With
A tract of land in Section 18, Township 46 South, Range 43 East, more
particularly described as follows:
Beginning at a point, which is the intersection of the South right-of-way
line of State Road 806 and the East line of Golf'view Estates, as recorded
in Plat Book 24, Page 50, Public Records of Palm Beach County, Florida,
which point is also the northeast corner of Lot 1 of the aforesaid
subdivision; thence with said right-of-way line North 83° 26' 49" East,
97.00 feet to a point; thence South 07° 26' 49" West 114.92 feet to a
point; thence South 87° 03' 49" West, 80.00 feet to a point on the east line
of the aforesaid subdivision; thence with said east line, North 00° 50' 41"
West, 106.99 feet, more or less, to the point of beginning.
Less and excepting therefrom such portions of the above described lands
as may lie within the description of lands conveyed by the Grimes
Foundation of the State of Florida, for the use and benefit of the State
Road Department of Florida, by Deed dated March 18, 1963, recorded
August 28, 1964 in Official Records Book 1078, Page 288 of said public
records.
SOURCE of Legal Description: Survey (copy attached)
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY: AUGUST t2, 1998
LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND
READING:
VERIFICATION REQUEST NEEDED BY:
LEGWDBF1