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Ord 48-98 , . ORDINANCE NO. 48-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER) IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING COMMONLY KNOWN AS THE PUBLIC WORKS WAREHOUSE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF LAKE IDA ROAD AND THE CSX RAILROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "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 shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned PCC (Planned Commerce Center) ; and WHEREAS, at its meeting of October 19, 1998, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, 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: I Section 1. That the Zoning District Map of the City of i Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for the following described property: The Easterly 240.49 feet, less the Southerly 500 feet, of Lot 20, Block 1, DELRAY SHORES as recorded in Plat Book 24, Page 232, of the Public Records of Palm Beach County, Florida. The subject property is located at the southwest I corner of Lake Ida Road and the CSX Railroad, I approximately 480 feet east of Congress Avenue; I containing 2.11 acres, more or less. I Section 2. That the Planning Director of said City shall, II upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Ii Section 1 hereof. I I I II , I , Section 3. That all ordinances or part s of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. 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 immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 17th day of , 1998. ATTEST: fhwm'1l!-Jk,19f7J107ly lty C e First Reading November 3, 1998 Second Reading November 17, 1998 - 2 - Ord. No. 48-98 , I OS J D A I .. i ~ ¡I! ! PROSOECT ST, I I I i I I I I I \ I ! N.W, JRD I MIC t I ~ POMPEY ! PARK B ~ OSR h.W. .oM '0, , t ~ I N REZONING - - CITY or DELRA Y BEACH, rL FROti: PCC (PLANNED COMMERCE CENTER) TO: CF (COMMUNITY FACILITIES) DLANNING ð: ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM =- IMP REF': LM287 , ' . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERtJ?11 SUBJECT: AGENDA ITEM #/O~- REGULAR MEETING OF NOVEMBER 17, 1998 ORDINANCE NO. 48-98 (REZONING THE CITY'S PUBLIC WORKS WAREHOUSE PROPERTY ON LAKE IDA ROAD) DATE: NOVEMBER 11, 1998 This is second reading and a quasi-judicial public hearing for Ordinance No. 48-98 which rezones the City's Public Works warehouse property from PCC (Planned Commerce Center) to CF (Community Facilities) District. The subject property is located at the southwest corner of Lake Ida Road and the CSX Railroad, approximately 480 feet east of Congress Avenue, and contains 2,11 acres. The proposed rezoning is corrective in nature and will allow the governmental facility as a permitted use in the CF district. There is no development proposal associated with the rezoning. Additional background and an analysis of the request are found in the attached staff report. The Planning and Zoning Board considered the proposed rezoning at a public hearing on October 19, 1998, and voted 5 to 0 to recommend approval, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.S(D) (5) of the Land Development Regulations, and policies of the Comprehensive Plan. At first reading on November 3, 1998, the City Commission passed the ordinance by unanimous vote, Recommend approval of Ordinance No. 48-98 on second and final reading, based on the findings and recommendation of the Planning and Zoning Board. p~ 6/0 ref:agmemo13 . ' · tY( tYfl1 I I TO: DAVID T. HARDEN C" CITY MANAGER ~~ THRU: DIANE DOMINGUEZ, IREC ' '~~ DEPARTMENT OF PLANNIN AND ZO ING FROM: J~S, NIOR PLANNER SUBJECT: MEETING OF NOVEMBER 3, 1998 REZONING FROM PCC (PLANNED COMMERCE CENTER) TO CF (COMMUNITY FACILITIES) FOR A 2.11 ACRE PARCEL LOCATED ON THE SOUTH SIDE OF LAKE IDA ROAD, APPROXIMA TLEY 480' EAST OF CONGRESS AVENUE - '"uu ,,"',' %@%M i.it", .it@'- "','., , , 3L3\1"", _, ,,', ",¡ ,', ,',,' , , , ,MI, ,~" :: The proposal is to change the zoning designation for the Public Works Warehouse property from PCC to CF. The request is corrective in nature and will allow the governmental facility as a permitted use in the CF district. There is no development proposal associated with this request. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. I I At its meeting of October 19, 1998, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no public testimony regarding the request. After reviewing the staff report and discussing the proposal, the Board voted 5-0 (McCarthy and Young absent) to recommend approval of the rezoning from PCC to CF for the Public Works Warehouse, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(0)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. By motion, approve the rezoning from PCC to CF for the Public Works Warehouse, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LOR Section 2.4.5(0)(5), Attachments: P& Z Staff Report and Documentation of October 19, 1998 ¡o{ ~ f~ \q;,o /tfIa,g· '. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---ST AFF REPORT --- MEETING DATE: October 19, 1998 AGENDA ITEM: V.F. ITEM: Rezoning from PCC (Planned Commerce Center) to CF (Community Facilities) for the City's Public Works Warehouse, Located on the South Side of Lake Ida Road, Approximately 480 feet East of Congress Avenue. : GENERAL DATA: Owner/Applicant................ City of Delray Beach, Florida David Harden, City Manager Location......... ..................... South side of Lake Ida Road, approximately 480 feet east of Congress Avenue Property Size...... ............... 2.11 Acres Future Land Use Map........ Commerce Current Zoning................... PCC (Planned Commerce Center) Proposed Zoning... ... ... ..... CF (Community Facilities) Adjacent Zoning.......North: PCC East: MIC (Mixed Industrial & Commercial) South: CF West: PCC Existing Land Use.............. City storage facility Proposed Land Use........ City initiated rezoning from PCC to CF of a City owned parcel, which is a more appropriate zoning designation. Water Service................. N/A. Sewer Service................. N/A. - V.F. . ' -.... The item before the Board is that of making a recommendation to the City Commission on a City initiated rezoning of the City of Oelray Beach Public Works Warehouse from PCC (Planned Commerce) Center to CF (Community Facilities), pursuant to Section 2.4.5(0). The subject property is located on the south side of Lake Ida Road, approximately 480 feet east of Congress Avenue. Pursuant to Section 2,2.2(E), the Local Planning Agency (P & Z Board) shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. The 2.11 acre property is owned by the City and contains a Public Works warehouse. The warehouse was built when the property was under the jurisdiction of Palm Beach County, therefore no information with respect to the development of the parcel is available except for the land use actions. The property was annexed into the City on September 25, 1972 via Ordinance #32-72 with an initial zoning of LI (Light Industrial). In 1977, the zoning was changed from LI to CC (Community Commercial), With the Citywide Rezoning associated with the approval of the Land Development Regulations in October, 1990, the parcel was rezoned from CC (Community Commercial) to PCC (Planned Commerce Center), along with the adjacent vacant land to the west. The proposal is to change the zoning designation of the property from PCC to CF, The request is corrective in nature and will allow the governmental facility (i.e. warehouse) as a permitted use in the CF district. There is no development proposal associated with this request. 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. · ~ P & Z Board Staff K. Jrt Rezoning from PCC to CF for the City's Public Works Warehouse Page 2 FUTURE LAND USE MAP: The use or structùres must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of Commerce and is currently zoned PCC (Planned Commerce Center). The proposed CF (Community Facilities) zoning is consistent with all land use designations shown on the Future Land Use Map, Pursuant to LOR Section 4.4.21 (8)(1), within the CF zone district, governmental facilities such as a city warehouse are allowed as a permitted use. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: 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. The rezoning is corrective in nature and is not to accommodate any specific development proposal. Therefore, there will be no impact on services with respect to water, sewer, traffic, solid waste, parks, drainage, or open space. 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. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the no applicable objectives and policies are noted. Section 3.3.2 (Standards for Rezoning Actions): Standards A, Band C are not applicable. The applicable performance standard of Section 3.3.2 is as follows: (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 subject property is bordered on the north and west by PCC (Planned Commerce Center) zoning, to the south by CF (Community Facilities) zoning, and to the east across the CSX Railroad, MIC (Mixed Industrial and Commercial). The existing land uses are to the north Oelray Park of Commerce; to the east and west vacant industrial parcels; and to the south a FPL substation. I P & Z Board Staff R Jft Rezoning from PCC to CF for the City's Public Works Warehouse Page 3 No compatibility concerns are noted, a-s there is no specific development proposal associated with this request. 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; 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. It is not clear why the subject property has been zoned in the past for industrial (LI and PCC) or commercial (CC) purposes when the property contained a governmental facility. The site does not meet the minimum site area requirement of 10 acres for the PCC district. It is also not consistent with the purpose and intent of the PCC zoning which is to provide a mix of industrial, research and development, office and limited retail uses controlled through a Master Development Plan. The basis for which the rezoning should be granted is "a" and "c", as it appears that the zoning was originally established in error and that the requested zoning of CF is more appropriate for the property based upon the existing use and ownership of the property, r~_IIII'_.~:E¡~i¡IW§pJI~~'Y;~';le~_ <iW~.._....f. . ," . _......, <. .".!t~L<._ _.M.___.__."'!;__...,.".... ".' ....'..' "'. ._ ".......... ..".....__."'~ "_'" _._~">N"...>,.,.X..k",.,,,,wB.. .~..... _,.,.,3.-___._,.>"',_.,..¥..!>_,_ <u .,.>~.~,.,. _,~:-:.:~~~,,~NL$:~ .. ... ," . ,"' '¥~"'" ..,....'.~...,.__,", ......__,.,,_,.,._ ,.¡OJ, ,_....... ........ _ _.. ......,..,'_,,,~1}NL.::.__... ...,...._.._., . "".: The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: o Lake Ida Homeowners Association o Rainberry Lakes Homeowners Association o Rainberry Bay Homeowners Association o Pines North Homeowners Association I - P & Z Board Staff R ..rt Rezoning from PCC to CF for the City's Public Works Warehouse Page 4 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property, Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. ENm;r~jj:'ÄN;D~~',CON'b,ßU'S 10 ,. "·",·~,·",,,<:··)·.,,,·.,,b~:;·", ..,,,.,.,.,,,......... . >"~:·,':l,;""".:.:··,,·.:::...,, ',,;':', ._ __....__: ""::,, ',..: :.'.:",::. 'u'-" ...., The rezoning from PCC (Planned Commerce Center) to CF (Community Facilities) is corrective in nature and is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations, Positive findings are made in the staff report with respect to LOR Section 2.4.5(0)(5) (Rezoning Findings). A. Continue with direction, B. Recommend approval of the rezoning request from PCC to CF for the Public Works Warehouse, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LOR Section 2.4.5(0)(5). C. Recommend denial of the rezoning request from PCC to CF for the Public Works Warehouse, based upon a failure to make positive findings with respect to LOR Section 2.4.5(0)(5), that the rezoning does not fulfill one of the reasons for which a rezoning should be sought. " v§).I.~Q'rItIMJ§iaÖM'~;' ';' . .'Si'· ............,. _ .-..:_.~..( _ ...,'::.,,'.,,':'i;..~__ '''':,'' .. :i4-:.. .;."'¡¡;$:~""'"::,,.¡¡;.;""';& ....""V<B'· P" ___::~'~""'''~'''"':::::'''''¡'''''''' ::-',,:: '..:-~- u" .;'F-:"· Recommend to the City Commission approval of the rezoning from PCC to CF for the Public Works Warehouse, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LOR Section 2.4.5(0)(5). Attachments: o Location/Zoning Map I . . C!(J' fJ Ú'Mrn 1II'f._'==- ....... A PUBLIC ~ING wi be hold on 1he ~__.7œ p,m, on iI',NcMmÞor17,1111111 (01. ~ conIInuIIIon 0I1IICh ..-.u whi:h Is SIll by 1he Comr'IWb1Jo in 1he CIy Comr'IWb1 awmers, 1 N.w. 1. -.e, ~ 1IIIch, _, at whi:h1irne1he ~will CDIIIidor 1heir 1dopIIon, The propooed __ mIY be "-*'d 111he 0IIœ 0I1he CIy CIerI<. CIty HIlI, 100 N,W. 1. -.e. :::r 1IIIch, Ron- III. _1he I1aurS 8:00 a.m, øI I 5:00 p,m" MondIy IhrIIugII Friday, ....~,AI_IIItes .. _10 _II1II be '-If wIII1 ..spICt1O 1he ~ OIdmøs, ØIIIIIWI:E 111.47" ¡= NI ORDINANCE Of 'THE COY C0M- MISSION Of 'THE COY Of DELRAY ~ EACH, ftORllIA, MENDING SEC- TION 4,6,9, "Off-STREET PARKING REGUlATIONS", SUBSECTION ~ ~ 'LOCATION Of PARKING ", Of 'THE LAND DEVELOP- MENT REGULATIONS Of 'THE COY " Of DEl.RAY BeACH, TO PROVIDE = FOR REVISBJ IN UfU Of PARKING = REGUlATIONS; AMENDING SECTION 2 4,4,13, "CENTRAl. BUSIt.ESS (C90) OISTRICT', SUBSECTION U13(G) ~ "SUPPLEMENTAl. DISTRICT REGU- I LATIONS", TO EXCLUDE ReSTAU- RANTS FROM lHE REDUCED PARK- ING REQUIREMENTS IN THAT CER- . TAIN MEA Of 'THE œo MORE PAR- ;: T1CUlARI.Y DESCRIBED t£REIN: PROIIIOING A GENERAl. REPEALER ClAUSE, A SAVING ClAUSE, NlO ~ NI EFÆCTM DATE ~ ORDINANCE NO, <IH8 NI ORDINANCE Of 'THE COY COM- 2 MISSION Of 'THE COY Of DELRAY ~ BEACH. ftORllIA, REZONING NlD PlACING LAND PRESENTlY ZONED PCC (PlANNED COMMERCE CEN- ~ IN 'THE Cf (mMMUNOY FACIL' e ~ICT; SAID LAND BEING Y KNOWN ItS 'THE PUB- c::I" UC WORKS WAREHOUSE PROPER- ~ TV, LOCATED AT 'THE SOUTHWEST "'! CORNER Of lAKE IDA ROAD AND ~ 'THE CSX RAILROAD, ItS MORE PAR- TICUlARLY DESCRIBED t£REIN; AMENDING "ZONING MAP Of DEL- .. RAY BEACH. R.ORIIIA, 19114"; PRD- VIDING A GENERAl. REP£ALER ~ CLAUS( A SAVING ClAUSE, AND ~ AN EFÆCTM DATE, = Pllllebe_tIIIIWa_ --ID=-::on - made by 1he CIy '"",, ....,a 1o~_~aI'" ......1IICh person mIY need ID _ tIIIIa VIIbIIim IICOnIlndudeS 1he~ II1II -.œ upon whi:h1helllllllslDbe_,The CIy does no! =., nar r.?" IIICh IICOIII, ID ,S, 286.0106, ~; NcMmÞor 6. 1_ IIcQ Ra1Dn News Ad "eø:M . . ()tiJ 1'fJ ~ q<¡ LEGAL VERI FICA TION FORM FILE#: 98-273 PROJECT NAME: CITYS PUBLIC WORKS WAREHOUSE LEGAL DESCRIPTION: The easterly 240.49 feet, less the southerly 500 feet, of Lot 20, Block I, Delray Shores as recorded in Plat Book 24, page 232 of the public records of Palm Beach County, Florida. SOURCE of Legal Description: Survey (LOCATION MAP) VERIFIED BY:~DATE: 'tiE VERIFICATION REQUEST NE DED BY: OCTOBER 28,1998 LEGAL DESCRIPTION IN ORDINANCE (NO ) VERIFIED PRIOR TO SECOND READING: VERIFIED BY: DATE: VERIFICA TION REQUEST NEEDED BY: LEGPUBLlC