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Ord 06-13ORDINANCE NO. 06-13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL -SCALE FUTURE LAND USE MAP AMENDMENT FROM MD (MEDIUM DENSITY RESIDENTIAL 5 -12 DU /AC) TO GC (GENERAL COMMERCIAL), PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT", FLORIDA STATUTES SECTION 163.3187, FOR A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF LINTON BOULEVARD 660 FEET WEST OF SW 4TJ4 AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND REZONING AND PLACING SAID LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012 "; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act "; and WHEREAS, via Ordinance No. 82 -89,. the City Commission adopted the document entitled "Comprehensive Plan -- Delray Beach, Florida "; and WHEREAS, Lee Burke, is the fee simple owner of a 0.49 acre parcel of land located on the north side of Linton Boulevard, 660 feet west of SW 4t", Avenue. WHEREAS, the subject property hereinafter 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 GC (General Commercial); and WHEREAS, the property hereinafter described is shown on the "Zoning District Map of the City of Delray Beach, Florida, dated January 2012 ", as being zoned RM (Medium Density Residential) District; and WHEREAS, at its meeting of March 18, 2013, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0 to recommend that the Future Land Use Map designation and zoning classification be changed for the property hereinafter described, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and finther the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Future Land Use Map of the City of Delray Beach, Florida be amended to reflect the revised Future Land Use Map designation; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial). Section 3. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act." Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of GC (General Commercial) District for the following described property: That part of the South half of the South half of the Southwest Quarter of the Southeast Quarter of Section 20, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Commence at the Southwest corner of the South half of the Southwest Quarter of the Southeast Quarter of Section 20, Township 46 South, Range 43 East; thence run Easterly along the South boundalT of said tract (same being the South line of Section 20) a distance of 499 feet; thence Northerly parallel to the West boundary of said Tract, a distance of 30 feet to the Point of Beginning of this description: thence continue Northerly, along the same course, a distance of 178 feet; thence Easterly parallel to the South boundary of said tract, a distance of 139 feet; thence Southerly parallel to the Westerly boundary of said tract a distance of 178 feet; thence Westerly parallel to the South boundary of said tract and 30 feet therefrom a distance of 139 feet to the Point of Beginning; less the South 23 feet deeded to the County of Palm Beach as recorded in Official Records Boob 1694, Page 803, of the Public Records of Pah-n Beach County, Florida. ORD NO. 06 -13 Section 5. That the Planning and Zoning Director of the said City shall, upon dze 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 S. That this ordinance shall become effective as follows: thirty -one (31) days after adoption, unless the Comprehensive Plan amendment is timely challenged_ If timely challenged, the effective date of this Ordinance shall be the date a final order is issued by the State Land Planning or the Administration Commission, finding the adopted amendment to be in compliance. No development orders, development perin.its, 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 affitming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED D ADOPTED in regular session on second and final reading on this the day of 2013. MAYOR AF E T 14 City Clerk First Reading r A �L U Second Readin av ORD NO. 06 -13 The areas described below and shown in Figures 4.4.13-1, 4.4.13-2 and 4.4.13-3 provide for development that is consistent with -the adopted Downtown Delray Beach Master Plan. [Amd. Ord. 64-04 11/16104]; [Amd. Ord. 21-04 514104] Figure 4.4.13-1 — Central Core kmfmdk��U IFigure 4.4.13-2 .- I Beach Area SEc"rIIIOIIM 4.4,13 (A) F'Ilgure 4.4.13-3 — West Atlantic Neighborhood um-dol Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: March 27, 2013 SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF APRIL 2, 2013 ORDINANCE NO. 06 -13 ITEM BEFORE COMMISSION Page 1 of 2 Consideration of aprivately - initiated Future Land Use Map (FLUM)- Small Scale amendment and Rezoning for MD Now Delray Beach. The proposed requests include changing the existing FLUM designation from MD (Medium Density Residential 5 -12 du /ac) to GC (General Commercial) and rezoning from RM (Medium Density Residential) District to GC (General Commercial) District. BACKGROUND On January 9, 1978, the 0.49 acre property which contained a single family residence was annexed into the City with the R -1 -A zoning designation. The property contains 0.49 acres. With the adoption of the Southridge /S.W. 4th Avenue Redevelopment Plan on June 13, 1999, the property was designated Redevelopment Area #3 on the Future Land Use Map however the R -1 -A (Single Family Residential) zoning designation was retained as a "holding" zone until a specific development proposal was submitted. On January 3, 2006, the City Commission approved a City- initiated rezoning, Ordinance 59- 06 rezoning the property from R -1 -A (Single Family Residential) district to RM (Medium Density Residential) district. The proposal for redevelopment of the property is to accommodate a 4,795 sq. ft. medical office building which is not allowed under the current Future Land Use Map designation or within the RM zoning district. REVIEW BY OTHERS At its meeting of March 18, 2013, the Planning and Zoning Board held a public hearing associated with the GC (General Commercial) Future Land Use Map amendment, and GC (General Commercial) rezoning request. They had no concerns with the requested Future Land Use and Zoning designations. After a brief discussion, the Board recommended approval of the proposed FLUM and Rezoning on a 4- 0vote. http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 6647 &MeetingID =444 4/22/2013 Coversheet RECOMMENDATION Page 2 of 2 Approve on first reading Ordinance 06 -13 for a Future Land Use Map amendment from MD (Medium Density Residential 5 -12 du /ac) to GC (General Commercial) District and Rezoning from RM (Medium Density Residential) to GC (General Commercial) District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), 2.4.5(D)(5)(Rezoning Findings). Attachments: - Location Map - Ordinance No. 06 -13 - Planning &Zoning Board Staff Report of March 18, 2013 http: / /itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemID= 6647 &MeetingID =444 4/22/2013 CHURCH � HrT PINE GROVE ELEMENTARY SCHOOL DR. I I J,`�� I S. W. 11 FALL RIDGE OF DELRAY 3i THE GROVES OF DELRAY LIN TON RIDGE CONDO CiRC<f SOUTHRIDGE RD. Z EDE v R AVE. BENJ WALLACE ^ SOUTHRIDGE Q DODGE VILLAGE 3 CONDO co N N ALLACE SOUTHRIDGE W NISSAN CONDO L I N T 0 N M 3 GULF STREAM COMMERCIAL CENTRE WATERPROOF HOLDINGS COUNTY ^A VA TIO SANITATION FAVA T SECURITY SELF STORAGE TIRES XOTIC B O U L E V A R D _ N PLANNING AND ZONING DEPARTMENT SUBJECT PROPERTY D MD NOW DELRAY BEACH LOCATION MAP -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \Fil — Cab \Z —LM 1001 - 1500 \LM1383_MD Now Delray Beach Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman Jr., City Manager DATE: April 12, 2013 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF APRIL 16, 2013 ORDINANCE NO. 06 -13 ITEM BEFORE COMMISSION Page 1 of 1 This ordinance is before Commission for second reading and quasi-judicial hearing to consider a privately initiated Future Land Use Map amendment —small scale from MD (Medium Density Residential 5 -12 du /ac) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to GC (General Commercial) for MD Now Delray Beach, located on the north side of Linton Boulevard, west of S.W. 4th Avenue at 601 Linton Boulevard. BACKGROUND At the first reading on April 2, 2013, the Commission passed Ordinance No. 06-13. RECOMMENDATION Recommend approval of Ordinance No. 06 -13 on second and final reading. http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 6703 &MeetingID =446 4/22/2013 PLANNING AND ZO BOARD CITY OF DELRAY BEACH -- -STAFF REPORT-- - MEETING March 18, 2013 DATE: AGENDA ITEM: VLA ITEM: Privately- initiated Future Land Use Map amendment (small scale) from MD (Medium Density Residential 5 -12 dulac) to GC (General Commercial) and Rezoning from RM (Medium Density Residential) District to GC (General Commercial) District for a 0.49 acre parcel of land located on the north side of Linton Boulevard, 660 feet West of SW 41h Avenue (Quasi- Judicial Hearing). GENERAL DATA: Owner .......... ............................... Lee Burke Applicant ...... ............................... MD Now Agent.- ...... ........ ...... Christopher P. Barry, Jon E. �C Em Schmidt & Associates, Inc. Location ....... ............................... Located on the north side of i Linton Boulevard, 660 feet west of SW 4th Property Size .............................. am ME. ME ME, 0.49 acres Existing FLUM.. .......... ............ MD (Medium Density Residential 5 -12 �� du /ac) Proposed FLUM .................. GC (General Commercial) Adjacent FLUM ......... North: GC (General Commercial) East: GC (General Commercial) South: GC (General Commercial West: CF (Community Facilities) Current Zoning ............................ RM (Medium Density Residential) , District Adjacent Zoning ..................North: GC (General Commercial) East: GC ( General Commercial) South: GC (General Commercial) West: CF (Community Facilities) Existing Land Use ...................... Single Family Residence Proposed Land Use .................... Medical Office Water Service... .......................... Via main along Linton Boulevard Sewer Service ................ Extension of sewer main from SW 40 Avenue to be coordinated with the proposed shopping center to the east. ul.A.. �C Em =p l i 7 am ME. ME ME, If1111111111111111�� llllll ltlllll , 1, 1 ;�Ii ■i ■ilwn- ■ ul.A.. ITEMS BEF`OR;E: THE BOARD The item before the Board is that of making a recommendation to the City Commission on a privately - initiated small -scale Future Land Use Map (FLUM) amendment and rezoning for MD Now Delray Beach, located on the north side of Linton Boulevard, 660 feet west of SW 4 t Avenue (601 Linton Boulevard). The proposed requests include changing the existing FLUM designation from MD (Medium Density Residential 6 -12 du/ac) designation to GC (General Commercial) and rezoning from RM (Medium Density Residential) District to GC (General Commercial) District. Pursuant to Section 2.22(E)(6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to Future Land Use Map changes or the rezoning of any property within the City. "B A.0 K'G R O lJ N >D` ANAL 1(S k S On January 9, 1978, the property containing a single family residence was annexed into the City with the R-1 -A zoning designation. The property contains 0.49 acres. With the adoption of the Southridge /S.W. 4t" Avenue Redevelopment plan on June 13, 1999, the property was designated Redevelopment Area ##3 on the Future Land Use Map however the R -1 -A (Single Family Residential) zoning designation was retained as a "holding" zone until a specific development proposal was submitted. On January 3, 2006, the City Commission approved a City - initiated rezoning, Ordinance 59 -06 rezoning the property from R -1 -A (Single Family Residential) district to RM (Medium Density Residential) district. The proposal for development of the property is to accommodate a 4,795 sq. ft. medical office building which is not allowed under the current Future Land Use Map designation or within the RM zoning district. Thus the small -scale Future Land Use Map amendment and rezoning, currently before the Board, are necessary to accommodate the proposed use. FUTURE.;;L?AND U.S E.M`AP AM:EiVD.MENT ANALYSIS:',' Current Land Use Designation: The current Future Land Use Map designation for the property is MD (Medium Density 5 -12 du /acre). Requested Land Use Designation: The requested Future Land Use Designation is GC (General Commercial). REQUIRED FINDINGS LAND DEVELOPMENT REGULATIONS CHAPTER 3 -- PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development Planning & Zoning Board Staff Report — March 18, 2013 MD Now Delray Beach — Small -Scale Comprehensive Plan Amendment and Rezoning Page 2 application. These findings relate to the Future Land Use Map (PLUM), Concurrency, Comprehensive plan Consistency, and Compliance with the Land Development Regulations. ❑ Future Land Use Map The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The proposed Future Land Use Map amendment is being processed as a small scale Comprehensive Plan amendment. Florida Statutes F.S. 103.3187 provides a small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer; (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year; (c) 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. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section; (d) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). The proposal involves a 0.49 acre parcel, and as this is the first amendment for 2013 there is no cumulative annual acreage for all small scale amendment, and thus the maximum of 120 acres has not been exceeded. The proposed FLUM amendment does not involve a text change to the goals, policies, and objectives of the Comprehensive Plan. The request is to process a change to the Future Land Use Map for a site - specific medical office development. The subject property is not located within an area of critical state concern, and does not include the construction of affordable housing units. Thus, the proposed FLUM amendment can be processed as a small scale amendment because it complies with all of the above conditions, The proposed land use change is to accommodate General Commercial uses for future development of the parcel. The existing RM (Medium Density Residential) zoning accompanied with the existing MD (Medium Density Residential) FLUM designation does not allow commercial uses. The GC (General Commercial) zoning allows more flexibility in the development of the property. Development under the proposed zoning and land use designation would be more in line with existing developments and associated land use patterns along Linton Boulevard. Planning & Zoning Board Staff Report -- March 18, 2013 MD Now Delray Beach — Small -Scale Comprehensive Plan Amendment and Rezoning Page 3 ❑ Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Concurrency as defined pursuant to Objective B -2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs (including public schools), of the requested land use and/or development application, will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision of needed capital improvements to maintain the Levels of Service Standards established in Table CI -GOP -1 of the adopted Comprehensive Plan of the City of Delray Beach. Traffic: An analysis of the traffic impacts associated with the maximum development potential of both the existing and proposed Future Land Use Map designations were conducted. The existing development potential under the Medium Density Residential is 5 dwelling units. This would result in 35 adt (average daily trips) with a 5 peak hour (a.m.) traffic generation and 6 peak hour (p.m.) traffic generation. The traffic to be generated by the proposed development (4,795 sq. ft. medical office facility) is 156 daily trips with 10 peak hour (a.m.) traffic generation and 18 peak hour (p.m,) traffic generation. Based on these traffic peak hour volumes only the directly accessed link is in the radius of development influence. The traffic study concludes that the redevelopment will have an insignificant impact on all links within the project's radius of development influence. Water The site is already served by water. Municipal water service is provided via connection to an 8" water main located on the south side of the property within the Linton Boulevard right -of -way. Fire protection is provided by one fire hydrant located at the southwest corner of the adjacent Fire Station parcel to the west. Water treatment is provided by the City of Delray Beach at the Water Treatment Plant_ Water demand projections for the City's Water Service Area were calculated based on the City's population projections multiplied by the projected per capita demands. Potable water demand projections, credits for the use of reclaimed water and the total excess /deficit for the years 2010 through 2030 are given in the following table. The City's Utilities Department has indicated that adequate capacity exists to service the subject property at its maximum development potential with the FLUM Amendment to GC (General Commercial). Planning & Zoning Board Staff Report — March 18, 2013 MD Now Delray Beach — Small -Scale Comprehensive Plan Amendment and Rezoning Page 4 Potable Water Demand Projections Year 2010 2015 2020 2025 2030 Service Area Population 69,335 74,504 81,114 82,233 82,556 Per Capita Use ( pd) 240 240 240 240 240 -Avg. Daily Demand (MG) 16.64 17.88 19.47 19.74 19.81 Permit Base Condition (MGD ) 19.00 19.00 19.00 19.00 19.00 Excess /(Deficit) (MGD) 1 2.36 1 1.12 1 (0.47) (0.74) (0.81) Alternative sources Reclaimed Water Credits for Ground Water Demand Removal 1.08 1.895 1.895 1.895 1.895 Potable demand removal 0.39 0.84 0.84 0.84 0.84 Total Excess /Deficit 3.83 3.85__t_ 2.27 2.00 1.92 Notes 1. Population projections based on Palm Beach County 2007 Population Allocation Model using March 2008 BEBR Population Projections. 2. Per capita use assumes a 10% reduction from current permitted values achieved through conservation. 3. Permit base condition as provided by SFWMD per ground water availability rule. Sewer: Sewer service is not readily available to the subject property and will involve either the extension of the sewer main from SW 4h Avenue and/or coordination of the sewer main extension proposed with the development of the Lintco property to the east. Wastewater from the City is treated at the South County Regional Wastewater Treatment Plant (SCRWWTP). The current plant has adequate capacity to service the City's projected population beyond the year 2025. The City's Utilities Department has indicated that adequate wastewater treatment capacity exists to service the subject property at its maximum development potential with the PLUM amendment and associated rezoning. Since adequate capacity is available in the City's water and wastewater systems to meet the increased demand, the proposed FLUM amendment will not impact the level of service standard for these facilities. Drainage: The adopted LOS standards for drainage is the SFWMD standard to meet storm water quality and quantity requirements for a minimum of a 10 yr. /24 hr. storm event. Further sites with parking lots are required to retain a 5 year 1 hour storm (3.2 ") in addition to meeting the water quality criteria (1" or 2.5 x % impervious). Drainage is reviewed during the site plan application process for individual projects. Within this area of the City, drainage is usually accommodated on site via exfiltration trench systems or swale retention areas. There are no problems anticipated with obtaining South Florida Water Management District permits within Planning & Zoning Board Staff Report -- March 18, 2013 MD Now Delray Beach — Smail -Scale Comprehensive Plan Amendment and Rezoning Page 5 the area and any additional impacts caused by increased impervious area will not affect the level of service standard. Parks & Recreation: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that `The City will have sufficient recreation facilities at build -out to meet the adopted standards." The LOS standard for open space and recreation in the city is 3 acres per 1,000 residents. The amount of land currently provided in activity based recreation facilities, the municipal beaches, and the two public golf courses, establishes a level of service of 6.2 acres per 1,000 residents (2007), far exceeding the general guideline. A park impact fee is collected to offset any impacts that new development may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each residential unit. The potential density under the MD (Medium Density Residential 5 -12 du /ac) and GC (General Commercial) land use designations are 12 units per acre so there will be no net increase in the potential number of residential units that could be accommodated. Since there is no net increase in the residential development potential on this site with the proposed FLUM Amendment, this level of service standard is not affected. Education School Concurrent : Since there is no net increase in the residential development potential on this site with the proposed FLUM Amendment, this level of service standard is not affected. Solid Waste: As shown on the following table, with the proposed amendment, the development of the property would result in a net increase of 8.42 tons per year in solid waste generation. Ekis' ingL. Maximum, Development Proposed;Office Development PiDtential 5 MF Units @.52 tons /year = 2.6 tons /y 4,795 SF Medical Office @4.6 Ibs /sf = 11.02 tons) ear In its annual capacity letter, dated January 7, 2013, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J -5- 005(4)." Based on population projections, waste generation rate projections, waste reduction, and recycling, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2046. Based on the above analysis, positive findings can be made at this time with regard to concurrency for all services and facilities. ❑ Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. Planning & Zoning Board Staff Report — March 18, 2613 MD Now Delray Beach — Small - Scale Comprehensive Plan Amendment and Rezoning Page 6 The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Policy A-1.7: Amendments to the FLUM must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's Advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the Advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM . amendments, The Applicant has provided the following statement "First, based on the population projections found in the Future Land Use Element it appears that the population of the City of Delray Beach will increase by 11,316 between 2010 and 2020 (from 65,781 in 2010 to 77,097 in 2020). As such there will be an increased demand for non - residential uses to support the growing population. Amending the FLUM designation to GC will provide additional non- residential square footage to service the current and future residents of the City of Delray Beach. Next, the subject property is the only property fronting Linton Boulevard between SW 4th Avenue to the east and 1 -95 to the west that supports a single family residence. While the property's FLUM designation is for Medium Density Residential it is unlikely that the property would be development for multi- family residential given its size. As such, it would be timely and appropriate to change the FLUM designation to GC to be consistent with the majority of other properties fronting on Linton Boulevard." The requested GC FLUM designation will allow commercial uses, whereas only residential uses are currently allowed on the subject parcel. The proposed land use map change is more consistent with the existing character of the commercial nature of Linton Boulevard. These circumstances demonstrate a need for the requested zoning and FLUM change. Future Land Use Element Objective A -1: Property shag be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. Planning &Zoning Board Staff Report — March 18, 2013 MD Now Delray Beach — Small -Scale Comprehensive Plan Amendment and Rezoning. .Page 7 There are no significant environmental characteristics to the subject property. The existing use of the property is a single family residence. The proposed medical office use will be compatible with the adjacent land uses, which consists of a proposed shopping center to the east and north, retail to the south and the Fire Station to the west. Polic y C -1.13 The following pertains to the Linton Boulevard area, from 1.95 east to Federal Highway. In FY 2010111, the City's Planning & Zoning Department shall review existing land uses in this area and shall create a redevelopment plan, overlay district or other development tool to promote and guide future redevelopment of the area. Redevelopment of the parcel to commercial /office use is more appropriate than the existing single family use given its location and surrounding land uses. ❑ Compliance with LDRs: Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Whenever an item is identified elsewhere in these Land Development Regulations (LDRs), it shall specifically be addressed by the body taking final action on a land development application /request. Such items are found in Section 2.4.5 and in special regulation portions of individual zoning district regulations. The applicant has submitted a development proposal for a medical office buildirrg which will be reviewed for compliance with the provisions and requirements of the Land Development Regulations_ ❑ Compatibility: The requested designation will be compatible with the existing and future land uses of the surrounding area. As demonstrated in the following "Rezoning Analysis" section, the requested GC (General Commercial) zoning and FLUM designation will be compatible with existing and future land uses of the surrounding area. REZONING k ALY-sr Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDR were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.2 (Standards for Rezoninq Actions): Standards "A ", "B ", and "I`" are not applicable with respect to this rezoning request. Standard "C" requires that zoning changes that would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. With the proposed GC zoning district there is a potential that the property could be developed as a strip commercial center. However, give the small size of the property Planning & Zoning Board Staff Report --- March 18, 2013 MD Now Delray Beach --- Small - Scale Comprehensive Plan Amendment and Rezoning Page 8 is it unlikely that a strip commercial center is a viable development option. Additionally, the property owners have submitted a site plan request to redevelop the property for a medical office. The property to the north of the site is also zoned commercial however, it is under different ownership and subject to development as a shopping center (recently approved). Therefore increasing the depth for this commercial development is not an option. Standard "D" requires that the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed, or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following identifies the surrounding land uses: LAND USE ANALYSIS: Existing land uses Subject Property - Residential (Zoning District: RM; FLUM: MD) North —Vacant, (Proposed Commercial) (Zoning District: GC; FLUM: GC) South — Retail (Zoning District: PC; FLUM: GC) East —Vacant, Proposed Commercial (Zoning District: GC; FLUM: GC) West — Fire Station (Zoning District: CF; FLUM: CF) Proposed land uses Subject Property — Commercial (Zoning District: GC; FLUM: GC) North — Vacant, (Proposed Commercial) (Zoning District: GC; FLUM: GC) South — Retail (Zoning District: PC; FLUM: GC) East —Vacant, Proposed Commercial (Zoning District: GC; FLUM: GC) West — Fire Station (Zoning District: CF; FLUM: CF) The subject property is bordered on the north and east by vacant parcels which are proposed to be developed as a commercial shopping center (Lintco). Across Linton Boulevard, to the south is a compatible retail and commercial uses (New Century Commons) that includes tenants such as Pet Smart, Sports Authority, PNC Bank). Located to the west is the Delray Beach Fire Station. It is noted that the proposed Future Land Use Designation of GC (General Commercial) is shared with the proposed retail shopping center to the north and east along with the existing shopping center to the south. Based upon the above, this request does not result in an incompatible land use, thus, the proposed development can be found to be in compliance with LDR Section 3.2.2 (D). Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D)(5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or Planning & Zoning Board Staff Report -- March 18, 2013 MD Now Delray Beach — Small -Scale Comprehensive Plan Amendment and Rezoning Page 9 (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The Applicant has provided the following justification statement: Per Section 2.4.5(D)(2) of the City of Delray Beach Land Development Regulations (LDR's) a Rezoning application must be justified based on one of the reasons in the code. The agent feels that the requested rezoning to GC is justified since there has been a change in circumstances which_ makes the current zoning (R -1 -A) inappropriate. The subject property is the only property fronting Linton Boulevard between SW 4th Avenue to the east and 1 -95 to the west that supports a single family residential use. It is likely that at one time single family residential was more prevalent along Linton Boulevard but the stretch upon which the subject property fronts is primarily a commercial (with the exception of properties that support institutional and multi - family residential uses). As such, it would be timely and appropriate to change the zoning designation to GC to be consistent with the majority of other properties that front Linton Boulevard between SW 4th Avenue to the east and 1 -95 to the west. Furthermore, the rezoning will not negatively impact existing services and facilities and concurrency will be met. Additionally, the basis for which the rezoning should be granted relates to the item (c) above, indicating that the requested zoning of GC is of similar intensity as allowed under the proposed Future Land Use Map Designation of GC which is also being requested. Further, a GC zoning designation is more appropriate for the property given its location along a major east -west commercialized thoroughfare. Because of its location, the parcel would better serve the needs of the general public as a commercial use. The existing single family residence brings to question its appropriateness as an isolated residential use along Linton Boulevard. Under these circumstances the rezoning to GC is more appropriate. Based upon these positive findings, the proposed development is in compliance with LDR Section 2.4.5(D)(5). R E V I E W; B, Y. G T HE R S The proposed land use and rezoning request is not in a geographic area requiring review by either the Downtown Development Authority (DDA), or the Community Redevelopment Agency (CRA). Courtesy Notices: A special courtesy notice was provided to the following homeowners and civic associations: • Neighborhood Advisory Council • Southridge • Delray Citizens' Coalition . Southridge Village • Linton Ridge • The Vinnings IPARC Notice: On February 21, 2013, notice of the Comprehensive Plan Amendment was provided to the Interlocal Plan Amendment Review Committee ( IPARC) which distributes the information to adjacent municipalities. No objections have been received to date. Planning & Zoning Board Staff Report — March 18, 2013 MD Now Delray Beach -- Small -Scale Comprehensive Plan Amendment and Rezoning Page 10 Public Notices: 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. ASSES'SM>EN- T!.AN`D` CONC"L`USION Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, rezoning of the subject property from RM to GC, and a small scale FLUM amendment from MD to GC, can be recommended for approval, based on the findings outlined herein. AL,T "E.RN:ATIVE ACT "IO;NS A_ Postpone with direction. B. Move a recommendation of approval to the City Commission for the request for the small scale Future Land Use Map amendment from MD (Medium Density Residential 5 -12 dulac) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to GC (General Commercial) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the request for the small scale Future Land Use Map amendment from MD (Medium Density Residential 5 -12 dulac) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to GC (General Commercial) 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 inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. STAFF RECOMME "N;'DATI"ON Staff recommends that the Planning and Zoning Board move to recommend approval to the City Commission for the request for the small scale Future Land Use Map amendment from MD (Medium Density Residential 5 -12 du /ac) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to GC (General Commercial) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: ■ Location Map = Applicant's Rezoning Justification Statement ■ Existing and Proposed Zoning Maps ■ Existing and Proposed Future Land Use Maps CHURCH Q PINE GROVE UE MAP ELEMENTARY SCHOOL o J W O 3 N j < < S. LON AL ALM OR S.W. 13TH ST. REIGLE' o FALL RIDGE o OF DELRA Y s I G E � vi vi STERLING AVENUE SETTIA DRfVE THE DOUGLAS AVENUE GROVES SOUTHRIDGE ROAD OF DELRAY w z EET w JJF' GULF STREAM a BESSIE sr. i CDMMERCIAL CENTRE o� o JE RD °� WATERPROOF ELLA ST.`S HOLDINGS LlNTON RIDGE z P CONDO " COUNTY SUtsOY �1RC SANITATfON [� XCAVATIO ,y�oE SOUiWRIDGE RD. ZEDER AVE. BENJAMIN AVE. __j - �� SECURITY PRECIS WALLACE SOUTHRIDGE Q SELF STORAGE TUN DODGE VILLAGE co CONDO 16 ALLACE OUTHRIDGE v NISSAN CONDO - TIRES XOTI C L I N T O N B O U L E V A R D a � a LAVER'S C J H P � Vi .S a ate' w vj 4 • N SUBJECT NOW DELRAY BEACH PLANNING AND ZONING DEPARTMENT LOCATION -- DIGITAL RASE MAP SYSTEM --- MAP REF: S: \Plonning & Zoning \DBMS \FI— Ca6 \Z —LM 1001 - 1500 \LM1363_MD Now Delray Beach PROPERTY MAP _ CHURCH ~ FINE GROVE 0 ELEMENTARY SCHOOL F o - v z S. LONG AL LM DR. S.W. 11TH 7. o� FALL RIDGE 3 OF v v STERUNG AVENUE $EYTIA DRIVE MD THE GROVES DOUGLAS AVENUE OF DELRAY SOUTHRIDGE ROAD w z P a GULF STREAM a RESSIE ST. z y °P COMMERCIAL CENTRE a R\o�E WATERPROOF h vi Q ELLA S7. LINTON HOLDINGS RIDGE CONDO L & A �XC LA' COUNTY SANITATION TIO C SOUTHRID .SECURITY PRECIS WALLACE SOUTHRIDGE SELF STORAGE TUN ALLACE DODGE VILLAGE CONDO 3 OUTHRIDGE" CMR NISSAN CONDO �:" TIRES XOTIC L f N T G N B O U L E V A R D N LAVER'S a P GC GC IND o c/R F C a' y- MD C1f'tiE G� RAI o N SUBJECT MD NOW DELRAY BEACH PROPERTY PLANNING AND ZONING DEPARTMENT EXISTING FUTURE LAND USE MAP DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \Rl — Cab \Z —LM 1001 - 1500 \LM1383_.MD Now Delray Beach FLUM N PLANNING AND ZONING DEPARTMENT SUBJECT PROPERTY 0 MD NOW DELRAY BEACH PROPOSED FUTURE LAND USE MAP -- DIGITAL BASE MAP SY57EM -- MAP REF: S: \Plonning & Zoning \DBMS \F1 — Cab \Z —LM 1001- 1500 \LM1383_MD Now Wray Beach Zoning N SUBJECT MD NOW DELRAY BEACH PLANNING AND ZONING PROPERTY EXISTING ZONING MAP DEPARTMENT -- DIGITAL BASE MAP SY57EM -- MAP REF: S: \Plonning & Zoning \DBMS \F1 — Cab \Z —LM 1001- 1500 \LM1383_MD Now Wray Beach Zoning 'lei N —2911111,1111— PLANNING AND ZONING DEPARTMENT SUBJECT PROPERTY D MD NOW DE LRAY BEACH PROPOSED ZONING MAP -- DIGITAL BASE MAP SYSTEM -- MAP REF: S* \Planning & Zoninq \DBMS \Fl - Cab \Z -LM 1001 -- 1500 \LM1383_MD Now Delray Beach Zoning G r,. Jon E. Schmidt and Associates Land Planning and Landscape Architecture Justification Statement MD Now Delray Beach City of Delray Beach Rezoning Application Submittal Original Submittal: February 1, 2013 Request The 0.49 -acre subject property (PCN 12- 43- 46- 20- 01- 008 -0080) is located on the north side of Linton Boulevard approximately 670 lineal fee west of SW 4th Avenue and 1,150 lineal feet east of SW 10th Avenue. Currently the subject property supports a Future Land Use (FLU) designation of Medium Density 5 -12 dwelling units per acre (MD) and is currently within the Single Family Residential (R -1 -A) Zoning District. The property is currently occupied by a 2,405 square foot (according to the Property Appraiser of Palm Beach County's [PBC] web site), 2 -story single - family residence_ MD Now is requesting a Rezoning from the R -1 -A Zoning District to the General Commercial (GC) Zoning District for the purposes of constructing a 4,795 square foot medical office on the subject property. Concurrent applications are being filed for (1) FLUM Amendment from MD to General Commercial (GC) and (2) Site Plan Review & Appearance Board ( SPRAB) (Class V) with a Waiver. Justification Per Section 2.4.5(D) (2) of the City of Delray Beach Land Development Regulations (LDR's) a Rezoning application must be justified based on one of the reasons in the code. The agent feels that the requested rezoning to GC is justified since there has been a change in circumstances which makes the current zoning (R-1 -A) inappropriate. The subject property is the only property fronting Linton Boulevard between SW 4th Avenue to the east and 1 -95 to the west that supports a single family residential zoning district. It is likely that at one time single family residential was more prevalent along Linton Boulevard but the stretch upon which the subject property fronts is primarily a commercial (with the exception of properties that support institutional and multi - family residential uses). As such, it would be timely and appropriate to change the zoning designation to GC to be consistent with the majority of other properties that front Linton Boulevard between SW 4th Avenue to the east and 1 -95 to the west. Furthermore, the rezoning will not negatively impact existing services and facilities and concurrency will be met as detailed below. a. Traffic: Please see Insignificant Traffic Statement prepared by Simmons & White dated January 31, 2013. b. Mass Transit: The nearest Palm Tran bus routes are Route 70 and Route 80 and the closest Tri -Rail connection is the Delray Beach Tri -Rail Station. c. Potable Water and Wastewater: The property will connect to the water main that runs in the Linton Boulevard right -of -way. For wastewater the proposal is to connect to the gravity sewer that will be installed on the property to the east and north. Please refer to the Conceptual Paving, Drainage, Water & Wastewater Plan prepared by Simmons & White dated January 28, 2012 that is being included in the SRPAB (Class V) application 2247 Palm Beach Lakes Blvd. Suite 101 West Palm Beach, Florida 33409 Tel. (561) 684 -6141 Pax. (561) 684 -6142 E- mail:Jschmidt @jesla.com Justification Statement MD Now Delray Beach City of Delray Beach Rezoning Application Submittal Original Submittal: February 1, 2093 Page 2 of 2 submittal package. Drainage: Legal positive outfall is available to the site via discharge to the Linton Boulevard drainage system along the south side of the property. The proposed project will meet all applicable rules and regulations for that outfall. Please refer to the Conceptual Paving, Drainage, Water & Wastewater Plan prepared by Simmons & White dated January 28, 2012 that is being included in the SRPAB (Class V) application submittal package. Fire Rescue: The nearest City of Delray Beach Fire - Rescue station is Station 3 located at 651 W. Linton Boulevard, which is directly adjacent to the subject property. CHURCH � HrT PINE GROVE ELEMENTARY SCHOOL DR. I I J,`�� I S. W. 11 FALL RIDGE OF DELRAY 3i THE GROVES OF DELRAY LIN TON RIDGE CONDO CiRC<f SOUTHRIDGE RD. Z EDE v R AVE. BENJ WALLACE ^ SOUTHRIDGE Q DODGE VILLAGE 3 CONDO co N N ALLACE SOUTHRIDGE W NISSAN CONDO L I N T 0 N M 3 GULF STREAM COMMERCIAL CENTRE WATERPROOF HOLDINGS COUNTY ^A VA TIO SANITATION FAVA T SECURITY SELF STORAGE TIRES XOTIC B O U L E V A R D _ N PLANNING AND ZONING DEPARTMENT SUBJECT PROPERTY D MD NOW DELRAY BEACH LOCATION MAP -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \Fil — Cab \Z —LM 1001 - 1500 \LM1383_MD Now Delray Beach From: Connor, Danielle Sent: Tuesday, April 16, 2013 1:09 PM To: McDonnell, Mark Cc: Allen, Jasmin; Dorling, Paul Subject: RE: MD Now on Linton Blvd. Mark, As discussed, Fire - Rescue does not have any issues, concerns, or objections with the MD Now project slated for Linton Boulevard. We have no issues or concerns with the associated land use change or rezoning, either. Through TAC, we had minor concerns with the actual building plans, but in the overall scheme of things, these were minor. I would like to address the matter of the land acquisition request. In 2009, we applied for an ARRA grant to rebuild Fire Station #3. This grant would have provided 100% funding to rebuild this station, which is very much in need. One of the stipulations of the grant application was that all projects had to be "shovel ready." In other words, if awarded the grant, construction needed to commence almost immediately. To apply, we needed to have architectural plans already done, so we used the plans from Fire Station #4 at Lake Ida and Barwick, and configured them to fit on the lot at Station #3. In order to accommodate this building, it would have been necessary (at that time) to encroach approximately 10 -15' into the property line on the immediate east of Fire Station #3. As it turned out, we were not awarded the grant, and at present, rebuilding Fire Station #3 is not in the CIP. At this time, I would consider this a nonissue, and would hope that this is not a hindrance to this project. As always, give me a call if you have any questions. Thanks, DC Danielle Connor Fire Chief Dc,&ayBeach Fire Rescue cormor@mvdehaybeach.com www.mydehaybeach. com (561) 24S-7410 - Office CHI kA} ■Uk I! 4Sa� From: McDonnell, Mark Sent: Tuesday, April 16, 2013 11:40 AM To: Connor, Danielle Cc: Allen, Jasmin; McDonnell, Mark; Dorling, Paul Subject: MD Now on Linton Blvd. Importance: High Chief Connor- My early conversation with Paul Dorling indicated that you had no objection to the land use and rezoning for the property immediately east of Fire Station #3 on the north side of Linton Blvd, just west of SW 4t" Ave. I was sent a list of the TAC comments that were generated but they were specific to the site plan review (being processed concurrently). At our weekly staff meeting this morning, I was told that there is talk of requesting the property owner to offer a slice of the western portion of the property for acquisition by the City for future planned improvements to Fire Station #3. I will be attending the CC meeting tonight for the 2nd reading of the land use change and rezoning ordinance. The CC wanted to learn if the Fire Dept had any concerns. Please respond to this email offering any concerns you have on the land use change and rezoning, or other issues, so I am able to share those with the CC. Thank you. Mark McDonnell, AICP Assistant Director, Planning and Zoning Dept. City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 P* 561 - 243 -7046 F* 561- 243 -7221 E* mcdonnell(o-)mydelraybeach.com F.,,)— PEAL NEWS STARTS RC i WENNcS DAY. ivL4RCH62,)13 NO. 136372D TICE OF PUBLIC HEARING TIE OF SMALL SCALE FUTURE LAND USE MAP AMENDMENT AND REZONING. CITY F DELRAY BEACH, FLORIDA The Planning and Zoning Board as focal Planning Agency of the City of Delray Beach and the City Commission vrill consider the following ordinance: ORDINANCE NO. 06-13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY` BEACH, FLORIDA ADOPTING A SMALL -SCALE FUTURE LAND USE MAP AMENDMENT FROM MD (MEDIUM DENSITY RESIDENTIAL 5 -12 DU/ A.C} TO GC (GENERAL COMMERCIAU, PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT ", FLORIDA STATUTES SECTION 163.3187, FOR A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF LINTON BOULEVARD 60 FEET WEST OF SW 41H AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND REZONING AND PLACING SAID LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTUUJ DISTRICT 10 GC (GENERAL COMMERCLQ DISTRICT; AMENDING `ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012 "; PROVIDING A GENERAL REPEALER CLAUSE, A- SAYING CLAUSE, AND AN EFFECTIVE DATE, The Fu �re Lanni Use Map IFLUM1 tmendnieni and Rezoning of the subject parcels Shp" muka–rnobelgw involves' a Changing the existing Future Land Use Mop designation from MD [Medium Density Residenliiol 5-12 d,/.c) to GC (Gereml Cammerriall, and Changing the Zoning District from RM (Medium Density Residential) District to GC (General Commerda} District wn ST \� CONDO w GR f 3.X a .0 € �aEe M1YE. BENJAIFiN AvE ACE ti h 00 ouiiiRtocF C, � �i"%�i -, a L I N T 0 N B 0 U L E V A R 0 uvER's 5 The Flanning and Zoning Board will conside king'a recommendation fo fhe City Commission regarding the proposed amendment to the Falure Land Use Map and rezoning on MONDAY. MARCH 18, 20111.t 00 P.M. (o, . at anyconfinuation of such meeting which is set by the Planning and Zoning' Baer in in the Commission Chambers, located of 100 NW 1st Avenue, Delray.. Beach, Florida, for the purpose of receiving publiccommenh wish regard to fhe proposed actions. The City Commission wi[I conduct a Public Hearing for the purpose of the adoption of Future Land JJse Map amendment and rezoning on TUESbAY APRIL 74 2013 AT 7:00 P.M_ for of any continuation of such meeting which is set by the Commission }, in the Commission Chambers of City Hall, too N.W. 1st Avenue, Delray Beach, Florida 33444. Allanferested parties are invited to offend the public hearings odd comment upon the actions or suhmit their comments in writing to the PlanniN and Zoning Department. Further information eenceming the proposed actions Co. 6e obtained from the Planning and Zoning Deporimeni, City Hall 100 NW 1 st Avenue, FL 33444 (e —ii al PMail@m elroybcach cam) or by calling Josmin Alien, Planner at 561 /243 -7044, henysen the hours of 8:00 A,M. and 5:00 P.M., Monday through Friday, excluding holidays. Please be advised Ihof if o person decides to appml any decision mode by the Planning and Zoning Boa d or Gty Commhsion with respect to any matter considered of these hearings; such person will need a record of the proceedings, and for This purpose such person may 'need to ensure Thal a verbatim record of the proceedings is made, which record includes the iestimany and evidence upon which the appaol is based. The City does not provide or prepare such record pursuant to F. 5, 286.0105, CtiY OF MMAY BEACH PUBLISHED: Pclm Beach Pass, March 6, 2013 Cl–ed, 1J. Nuhin, hWC C=ry C_rk CITY OF DELRAY BEACH, FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following proposed ordinances at 7:00 p.m. on TUESDAY, APRIL 16, 2013 (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers, 100 N.W. 1St Avenue, Delray Beach, Florida, at which time the City Commission will consider their adoption. The proposed ordinances may be inspected at the Office of the City Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between 8:00 a.m. and 5:00 p.m., Monday through Friday, except holidays. Interested parties are invited to attend and be heard with respect to the proposed ordinances. ORDINANCE NO. 06-13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL -SCALE FUTURE LAND USE MAP AMENDMENT FROM MD (MEDIUM DENSITY RESIDENTIAL 5 -12 DU /AC) TO GC (GENERAL COMMERCIAL), PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT ", FLORIDA STATUTES SECTION 163.3187, FOR A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF LINTON BOULEVARD 660 FEET WEST OF SW 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND REZONING AND PLACING SAID LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012 "; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 08-13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT ", SUBSECTION 4.4.13 (G)(1) "CENTRAL CORE AND BEACH AREA SUPPLEMENTAL REGULATIONS" TO PROVIDE FOR PARKING REGULATIONS GOVERNING CALL CENTERS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing, such person may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. The City does not provide nor prepare such record pursuant to F.S. 286.0105. CITY OF DELRAY BEACH Chevelle D. Nubin, MMC City Clerk PUBLISH: Friday, April 5, 2013 Instructions to Newspaper: This is a standard legal advertisement to be published in the legal /classified section of the newspaper. There are no special requirements. Thank you. s: CityClerk/Advertising20l 3 /ShellforCaptionAds