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Ord 42-04 (' /,\ - '^-~'-~ { - ORDINANCE NO. 42-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES" TO INCLUDE ADDITIONAL PROPERTIES THAT ARE AILOWED THE PERMITIED USES OF THE CBD ZONING DISTRICT; AMENDING SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS", TO INCLUDE ADDITIONAL PROPERTIES IN THE OSSHAD DISTRICT THAT ARE SUBJECT TO THE STANDARDS OF THE CBD ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on , and voted _ to _to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(B), "Principal Uses and Structures" of the Code of Ordinances of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (B) Principal Uses and Structures: The following types of uses are allowed within the OSSHAD as a permitted use: (1) Residential uses of single family detached dwellings and duplexes. (2) Business, Professional, and Governmental Offices. I I - (' /~ , ~ \ ^~L~ r----- (3) Retail sales through specialty shops (single purpose businesses) such as: bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops. (4) Arts related businesses such as craft shops, galleries, and studios within which is conducted the preparation of, display of, and/ or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass. (5) Educational and/or Instructional activities including training, vocational, or craft schools, the arts, personal development, and libraries, museums, and social and philanthropic institutions. (6) Restaurants of a sit down nature such as a cafe, snack shop, full service dining but excluding any drive-in and/or drive-through facilities or features. (7) Providing of personal services such as barbershops, beauty shops, salons, cosmetologists. (8) Bed and Breakfast Inns. (9) Catering services not associated with a restaurant, subject to the special regulations of Section 4.4.24(H). (10) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1). (11) Within the following described areas, the uses allowed as permitted uses in Section 4.4. 13 (B) pursuant to the base district and special provisions of the Central Business District regulations shall also be allowed in the OSSHAD: (a) Lots 13-16, Block 60 (b) Lots 1-4, Block 61 (c) Lots 1-7 and 19-24, Block 69 (d) Lots 7 8 The South 38 feet and 3 inches of Lot 5 and all of Lots 6-8, Block 75 (e) Lots 1-6, Block 76 Section 2. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(F), "Development Standards", of the Code of Ordinances of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (F)Development Standards: The development standards as set forth, for the OSSHAD District, in Section 4.3.4 apply, except for: I l 2 ~~- Ij (' /'\ ~ \ A ~ '(£\) ~ (1) The following locations shall be subject to the standards of the CBD Zone District: (a) Lots 13-16, Block 60 (b) Lots 1- 4, Block 61 (c) Lots 1- 7 and 19-24, Block 69 (d) Lots 7 8, The South 38 feet and 3 inches of Lot 5 and all of Lots 6-8. Block 75 (e) Lots 1- 6, Block 76 (2) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with either provisions of Section 4.3.4 or provisions of the Banker's Row Development Plan, whichever is more permissive. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of , 2004. MAYOR ATTEST: Acting City Clerk First Reading \. ,\ d-\, 0,\ ~bìcl <0'í\ \SYKM~:\() Second Reading 3 ORD. NO. 42-04 ~ II CITY COMMISSION DOCUMENTATION I 1 TO: DA~~EN CITY AIiIAGER THRU: PA DORLlNG, DIRECT OF PLANNING AND ZONING FROM: SCOTT PAPE, SENIOR PLANNER SUBJECT: MEETING OF NOVEMBER 2, 2004 PRIVATELY INITIATED AMENDMENT TO LDR SECTION 4.4.24(B} & (F) BY ALLOWING THE PERMITTED USES AND DEVELOPMENT STANDARDS IN THE CENTRAL BUSINESS DISTRICT (CBD) TO APPLY TO THE SOUTHERN PORTION OF LOT 5 AND ALL OF LOT 6, BLOCK 75 OF THE TOWN OF DELRAY SUBDIVISION. II BACKGROUND AND ANAL YSIS II The City has received a privately initiated LDR text amendment from Pineapple Grove Limited. The proposed amendment will extend the permitted uses and development standards of the Central Business District (CBD) to the southern portion of Lot 5 and all of Lot 6, Block 75 of the Town of Delray. Lots 5 and 6 is currently zoned OSSHAD and contains an existing two-story 6-unlt multiple family structure and a duplex (8 total dwelling units). The request is being made in connection with a larger mixed-use development proposal on Lots 5 through 8 and 13 through 16, Block 75 of the Town of Delray subdivision (see attached Map). In 1990, with the citywide rezonings, the OSSHAD (Old School Square Historic Arts District) zoning district was created and applied to properties located within the historic district, including lots 5 through 8. Lots 5 and 6 were rezoned from RO (Residential Office) to OSSHAD. Lots 7 and 8 were rezoned from GC (General Commercial) to OSSHAD Currently there are several lots located within OSSHAD that may be developed in accordance with the permitted uses and development standards of the CBD. These lots (see attached map), which include the blocks fronting on Atlantic Avenue on either side of Swinton Avenue (excluding the Old School Square complex), the Neal Farms Market property (Lots 7-8 of the proposed project), and the west half of Block 76 across from Old School Square, were so identified because their existing or potential uses and/or development pattern were more typical of the CBD than OSSHAD zoning. This development potential was not extended to Lots 5 & 6 given the properties history of residential use. The OSSHAD zoning was, and continues to be, a district that promotes the restoration and reuse of existing structures and provides for mixed uses of residential, office, and commercial activities. Permitted uses in the district include: single family and duplex dwellings, offices, retail shops, restaurants, arts related businesses, training and vocational schools, libraries and museums, barber and beauty shops, and bed and breakfast inns. Allowed as conditional uses are residential units in a mixed-use structure, outdoor dining, various types of residential care facilities (Le. Adult Congregate Living Facilities, alcohol and drug abuse treatment facilities, nursing homes), parking lots not associated with a use (Le. public parking), and residential inns. Structures within the district are permitted to a height of 35', and building setbacks are as follows: 25' front, 15' side street, 7.5' interior side, and 10' rear. The proposed amendment would add multifamily development as a permitted use, would allow an increase in building height from 35' to 48' and up to 60' subject to conditional use approval by the City Commission; a reduction of the minimum open space requirement from 25% to 0%; and a reduction in the minimum building setbacks, including the potential for 90% of the building frontage to have a front setback of 5' instead of the 25' front setback required in the OSSHAD Furthermore, the restriction within the OSSHAD zoning district that limits the residential floor to not more 50% of a mixed-use building would be eliminated. The text amendment would also allow parking within the front yard, which is not permitted in the OSSHAD district. 108 --- Pursuant to LDR Section 2.4 5(M)(1), amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual may request an amendment. The proposed amendment is a privately initiated text amendment to the Land Development Regulations. II REVIEW BY OTHERS II Community Redevelopment Aaencv: The CRA considered the text amendments at Its meeting of September 9, 2004 and recommended denial. Since the applicant was unable to attend the September 9th meeting, the CRA reconsidered the text amendment at its meeting of September 28, 2004 and again recommended denial. Pineapple Grove Main Street Executive Committee: At its meeting of September 1, 2004, the Pineapple Grove Main Street Executive Committee considered the subject LDR text amendments Due to a lack of a quorum, the Committee did not take a formal action on the proposal However, the general sentiment of the members that did attend was not in support of the proposed changes. The Committee members did not support the increase in intensity that would result given the increase in height. Historic Preservation Board: At its meeting of July 15, 2004, the Historic Preservation Board considered the LDR text amendment to Sections 4.4.24(B) & (F), which allows the CBD permitted uses and development standards for the subject lots zoned OSSHAD. The Board unanimously recommended approval of the LDR text amendment to allow the permitted uses and development standards for the subject parcels. ~ PLANNING AND ZONING BOARD CONSIDERATION I The Planning and Zoning Board held a public hearing regarding this item at its meeting of September 27, 2004 There was one person from the public that expressed opposition to the proposed text amendment. After discussing the amendment, the Board unanimously voted 4-0 (Borchardt, Walker, and Morris absent) to recommend to the City Commission deny the proposed amendment to Land Development Regulation Sections 4.4.24(B) and (F), by adopting the findings of fact and law contained in the attached Staff Report and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M)(5). II RECOMMENDED ACTION II Move to deny the privately initiated Land Development Regulation Text Amendment for the Pineapple Grove Limited Mixed-Use Project to allow the permitted uses and development standards of the CBD to apply to Lots 5 and 6 by adopting the findings of fact and law contained in the attached Staff Report and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M)(5). 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F1. ~ I!nIII @ @ PLANNING &: ZONING DEPARTMENT ~ -EXlSTINGLOTS ~ -PROPOSEDLOTS IQI ~BLOCKNUMBER 5 -LOTNUMBER -- DIG/TAL BASE MAP SYSTEM -- MAP REf: LMA122 ORDINANCE NO. 42-04 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 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES" TO INCLUDE ADDITIONAL PROPERTIES THAT ARE ALLOWED THE PERMITTED USES OF THE CBD ZONING DISTRICT; AMENDING SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS", TO INCLUDE ADDITIONAL PROPERTIES IN THE OSSHAD DISTRICT THAT ARE SUBJECT TO THE STANDARDS OF THE CBD ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on September 27,2004, and voted 4 to 0 to recommend that the changes be denied; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(B), "Principal Uses and Structures" of the Code of Ordinances of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (8) Principal Uses and Structures: The following types of uses are allowed within the OSSHAD as a permitted use: (1 ) Residential uses of single family detached dwellings and duplexes. (2) Business, Professional, and Governmental Offices. (3) Retail sales through specialty shops (single purpose businesses) such as: bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops. (4) Arts related businesses such as craft shops, galleries, and studios within which is conducted the preparation of, display of, and/or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass. (5) Educational and/or Instructional activities including training, vocational, or craft schools, the arts, personal development, and libraries, museums, and social and philanthropic institutions. (6) Restaurants of a sit down nature such as a cafe, snack shop, full service dining but excluding any drive-in and/or drive-through facilities or features. (7) Providing of personal services such as barbershops, beauty shops, salons, cosmetologists. (8) Bed and Breakfast Inns. (9) Catering services not associated with a restaurant, subject to the special regulations of Section 4.4.24(H). (10) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1). (11 ) Within the following described areas, the uses allowed as permitted uses in Section 4.4.13(B) pursuant to the base district and special provisions of the Central Business District regulations shall also be allowed in the OSSHAD: (a) Lots 13-16, Block 60 (b) Lots 1-4, Block 61 (c) Lots 1-7 and 19-24, Block 69 (d) Lots 7 8 The South 38 feet and 3 inches of Lot 5 and all of Lots 6-8, Block 75 (e) Lots 1-6, Block 76 Section 2. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(F), "Development Standards", of the Code of Ordinances of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (F) Development Standards: The development standards as set forth, for the OSSHAD District, in Section 4.3.4 apply, except for: (1 ) The following locations shall be subject to the standards of the CBD Zone District: 2 ORD. NO. 42-04 (a) Lots 13-16, Block 60 (b) Lots 1- 4, Block 61 (c) Lots 1- 7 and 19-24, Block 69 (d) Lots 7 8, The South 38 feet and 3 inches of Lot 5 and all of Lots 6-8. Block 75 (e) Lots 1- 6, Block 76 (2) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with either provisions of Section 4.3.4 or provisions of the Banker's Row Development Plan, whichever is more permissive. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,2004. MAYOR ATTEST: City Clerk First Reading Second Reading 3 ORD. NO. 42-04 --------- L'····· PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT -~ : ... ø_ _. - . MEETING DATE: SEPTEMBER 27, 2004 AGENDA ITEM: IV.F. PRIVATELY INITIATED AMENDMENT TO LOR SECTION 4.4.24(B) & (F) BY ALLOWING THE PERMITTED USES AND DEVELOPMENT STANDARDS IN THE CENTRAL BUSINESS DISTRICT (CBD) TO APPL Y TO THE SOUTHERN PORTION OF LOT 5 AND ALL OF LOT 6, BLOCK 75 OF THE TOWN OF DELRAY SUBDIVISION. I~¡~'(-:!;': ." .1.." I. I T E M 'B E FOR E THE BOARD .~ .. - .--- The item before the Board is that of making a recommendation to the City Commission regarding a privately initiated text amendment to the Land Development Regulations (LOR) Sections 4.4.24(B) & (F). The applicant proposes to amend the Old School Square Historic Arts District (OSSHAD) by allowing the permitted uses and development standards in the Central Business District (CBD) [LOR Section 4.4.13] to apply to the southern portion of Lot 5 and all of Lot 6, Block 75 of the Town of Delray subdivision. These lots are located on the east side of NE 1st Avenue, approximately 163' north of NE 1st Street. Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. , BACKGROUND I DEVELOPMENT PROPOSAL .- _..-- - An application for conditional use and site plan approval has been submitted for Lots 5 through 8 and 13 through 16, Block 75 of the Town of Delray subdivision. Lots 13 through 16 are zoned CBD and Lots 5 through 8 are zoned OSSHAD. Lots 5 and 6 contain an existing two-story 6-unit multiple family structure and a duplex (8 total dwelling units). The duplex was constructed in 1950 and the 6-unit structure was constructed in 1972. The existing density for these two lots is approximately 22 dwelling units per acre. Lots 7 and 8, which were the former site of Neal's Market and Jo's Back Room are currently vacant. The buildings, constructed in 1925, 1954, and 1960, were all demolished in 2001. Lots 13 through 16 contain an auto parts business in a 4,854 square foot building, constructed in 1985 and an 8,556 square foot retail building, constructed in 1965. In 1990, with the citywide rezonings, the OSSHAD (Old School Square Historic Arts District) zoning district was created and applied to properties located within the historic district, including lots 5 through 8. Lots 5 and 6 were rezoned from RO (Residential Office) to OSSHAD. Lots 7 and 8 were rezoned from GC (General Commercial) to OSSHAD. The OSSHAD zoning was, and continues to be, a district that promotes the restoration and reuse of existing structures and provides for mixed uses of residential, office, and commercial activities. Permitted uses in the district include: single family and duplex dwellings, offices, retail shops, restaurants, arts related businesses, training and vocational schools, libraries Planning and Zoning Board .... . f Report LOR Text Amendment - Pineapple Grove Limited Page 2 and museums, barber and beauty shops, and bed and breakfast inns. Allowed as conditional uses are multi-family dwellings in a mixed-use structure, outdoor dining, various types of residential care facilities (i.e. Adult Congregate Living Facilities, alcohol and drug abuse treatment facilities, nursing homes), parking lots not associated with a use (i.e. public parking), and residential inns. Structures within the district are permitted to a height of 35', and building setbacks are as follows: 25' front, 15' side street, 7.5' interior side, and 10' rear. There are several lots located within OSSHAD that may be developed in accordance with the permitted uses and development standards of the CBD. These lots (see attached map), which include the blocks fronting on Atlantic Avenue on either side of Swinton Avenue (excluding the Old School Square complex), the Neal Farms Market property (Lots 7-8 of the proposed project), and the west half of Block 76 across from Old School Square, were so identified because their existing or potential uses and/or development pattern were more typical of the CBD than OSSHAD zoning. The OSSHAD zoning district does not allow "stand alone" multiple family development. However, pursuant to LOR Section 4.4.24(B)(11), the permitted uses within the CBD zoning district are allowed on lots 7 and 8 of the proposed development. This includes multiple family development at a density of up 30 dwelling units per acre. The applicant has submitted a LDR text amendment to extend these provisions to include Lots 5 and 6 as well. It is noted that the proposed development will need to comply with the downtown Design Guidelines. The development proposal consists of a mixed-use project that consists of 51 residential units; 7,600 square feet of retail floor area; 4,255 square feet of office floor area; and, 2,500 of restaurant floor area. That portion of the development on lots 5 & 6 consists of a 39'-10" high building that contains parking on the first and second stories and 4 residential units on the third and fourth stories, which results in a density of 11.32 dwelling units per acre. Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual may request an amendment. The proposed amendment is a privately initiated text amendment to the Land Development Regulations. The effect of the proposed amendment would be to add Lots 5 and 6, Block 75, to the list of properties that can be developed pursuant to the CBD development standards. The proposed changes would increase the types of permitted uses that could be established and allow for a wider range of retail, service, and office uses, as well as higher density multi-family residential development. I~ ~ ',' '.' .r;,,,, ·~·t~J· ""'.. ~ . (DR TEXT ·AMENDNiENT·.·ÄÑAL YSIS . . . . -~ . ....,..~1::iE ';. #0' The applicant has submitted the following narrative that describes the justification for the privately initiated LDR text amendment: liThe analysis of the amendment and its potential impacts are as follows. Presently, the Land Development Regulations allow for CBD types of development within certain areas of the Planning and Zoning Board '- .f Report LDR Text Amendment - Pineapple Grove Limited Page 3 OSSHAD District. This amendment adds some additional properties to this already enacted concept because the classification of the properties is presently inappropriate. The area that would be added to the other areas which presently allow CBD development is adjacent to lots 7 and 8 of Block 75. Lots 7 and 8 of Block 75 are under the same ownership as the lots proposed to be added pursuant to this amendment. This change fits within the Comprehensive Plan of the City of Delray Beach, Florida and are in keeping with good land planning principles which are to do away with split zoning. Even though the zoning would remain OSSHAD, the development would be consistent with the CBD regulations. The amendment would also allow for the redevelopment of an important area that presently remains underutilized. " The applicant indicates that the current OSSHAO classification of Lots 5 and 6 is presently inappropriate. However, the applicant has not provided any position in terms of what ways the current designation is inappropriate. Consequently, there is no justification that the OSSHAO regulations imposed on Lots 5 and 6 were established in error. Furthermore, there have been no changes that demonstrate the need to amend these regulations. As noted in the background section of this report, the existing multiple family development is non- conforming with respect to density. Although, if constructed, the applicant's current development proposal would reduce the nonconformity by reducing the existing residential density from 22 dwelling units per acre to 11.32 dwelling units per acre, the proposed amendment would, allow a density of up to 30 dwelling units per acre. This density is incompatible with the adjacent historically designated area consisting primarily of single family residences together with single family homes that have been converted to low-intensity commercial uses. CaD Development Standards (LDR Section 4.4.24(F): The applicant revised his original LOR text amendment request to LOR Section 4.4.24(8), which only dealt with permitted uses, to include an amendment to LOR Section 4.4.24(F). The proposed amendment to this LOR Section would allow the development standards of the cao to apply to Lots 5 and 6. The text amendment would allow an increase in building height from 35' to 48' and up to 60' subject to conditional use approval by the City Commission; a reduction of the minimum open space requirement from 25% to 0%; and a reduction in the minimum building setbacks, including the potential for 90% of the building frontage to have a front setback of 5' instead of the 25' front setback required in the OSSHAO. The restriction within the OSSHAO zoning district that limits the residential floor to not more 50% of a mixed- use building would be eliminated. The text amendment would also allow parking within the front yard, which is not permitted in the OSSHAO district. The parking for a mixed-use development would need to comply with the cao requirements, which would be greater for commercial uses and less for multiple family units. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted: ---- Planning and Zoning Board '- ..f Report LDR Text Amendment - Pineapple Grove Limited Page 4 Future land Use Element Obiective A-1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. As noted above, the proposed amendment will allow a density of up to 30 dwelling units per acre and apply the CBD zoning district development regulations to the subject lots. The adjacent properties to the north and west are zoned OSSHAD and include historically contributing structures. They are developed with single family homes and single family homes converted to non-residential uses. The introduction of residential densities permissible in the CBD District would allow development at an intensity which is inconsistent with the scale of development envisioned for the OSSHAD District and would not be complementary to adjacent land uses. While the applicant may argue that the amendment should be applied to the lots in question given their location adjacent to Lots 7 and 8, it should be noted that those lots were previously occupied by Neal's Market and that the City allowed the cross-reference to the uses in the CBD based on that commercial history. Further intrusion of higher intensity uses into the OSSHAD is not compatible with the character of the historic district and does not further the preservation of the area with respect to scale and intensity. It is further noted that the regulations applying the CBD regulations to Lots 7 & 8 were implemented before the codes allowing a height increase to 60' and an increase in density to 30 units per acre were envisioned. In hindsight, given these intensifications, it may be more appropriate to consider further restricting the CBD regulations for Lots 7 & 8. Future land Use Element Policy A-4.1 - Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines". The proposed amendment will allow an increase of the potential development intensity on the subject property. As noted in the background section of this report, it was determined at the time of the establishment of the OSSHAD zoning district that the development pattern of Lots 7 and 8 was more consistent with the CBD zoning district. The existing residential development of Lots 5 and 6 was, and continues to be, more consistent with the OSSHAD district. The OSSHAD District was established as a lower intensity mixed use district. To this end, the City is currently exploring LOR Text Amendments to further limit the intensity within the OSSHAD district. Therefore, a modification to the LOR's of this type should not be considered. Housina Obiective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housina Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes Planning and Zoning Board '- . f Report LDR Text Amendment - Pineapple Grove Limited Page 5 and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The increase of density within this historically designated area will increase the traffic volumes. Depending on the specific development proposal, these volumes may negatively effect existing traffic circulation patterns within the historic district. Further, it will allow development at densities inconsistent with the desired development pattern of the OSSHAD district. This desired development pattern is explained in the "Purpose and Intent" section of the LOR's which calls for encouraging the restoration or preservation of historic structures and, maintaining and enhancing the historic and pedestrian scale of the area. The uses and development densities that are currently allowed promote the preservation and adaptive reuse of all structures within the District. An increase in the intensity of use of the subject property possible under these changes will have an adverse impact on the stability of this area and allow development inconsistent with the scale of the remainder of the district. Pursuant to LOR Section 2.4.5(M)(5), in addition to provisions of 1.1.6(A), the City Commission must make a finding that the text amendment is consistent and furthers the goals, objectives, and policies of the Comprehensive Plan. Given the discussion above positive findings with respect to this amendment can not be made and the amendment should be denied. I ....... --- - .- - .. . .~~~::l ,. . ! '''REVIEW''BY 'OtHERS~ '~i'·',. :~. .... ~ ..:.~~~~._. .. ---- -- -----. .. - ----- ---- ---- -------.---.- ..--. - ---- - --- .. . . ..-.- .-. . -- ...----... . -.-- ..... --- . ..------ Historic Preservation Board: At its meeting of July 15, 2004, the Historic Preservation Board considered the LOR text amendment to Sections 4.4.24(B) & (F), which allows the CBO permitted uses and development standards for the subject lots zoned OSSHAD. The Board unanimously recommended approval of the LOR text amendment to allow the permitted uses and development standards for the subject parcels. Community Redevelopment Aaencv: The CRA considered the text amendments at its meeting of September 9, 2004 and recommended denial. It is noted that the CRA will reconsider the text amendment at its meeting of September 28, 2004, since the applicant was unable to attend the September 9th meeting. Pineapple Grove Main Street Executive Committee: At its meeting of September 1, 2004, the Pineapple Grove Main Street Executive Committee considered the subject LOR text amendments. Due to a lack of a quorum, the Committee did not take a formal action on the proposal. However, the general sentiment of the members that did attend was not in support of the proposed changes. The Committee members did not support the increase in intensity that would result given the increase in height. Planning and Zoning Board ~ .f Report LDR Text Amendment - Pineapple Grove Limited Page 6 Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: 0 PROD 0 President's Council 0 Old School Square Public Notice: Since the proposed LOR text amendment is site specific, a public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at the Planning and Zoning Soard meeting. I'..···'.. . ......... " 'A SSE ·~fs r,,"'1: N T"A' N D ·C~O t·r~ 'LÜ S ION _nJ - ',. . ~ . ----. - - As noted in the background section of this report, it was determined at the time of the establishment of the OSSHAD zoning district that the development pattern of Lots 7 and 8 (Neill's Market) was more consistent with the CSO district. Consequently, the Land Development Regulations allowed the permitted uses in the CSO district to be included for these lots. However, it was never envisioned that Lots 5 and 6 should be allowed to have a greater intensity. These lots have historically been residential in character. The OSSHAO district is typified as a low intensity mixed use district that allows single family residential, professional offices, boutiques, etc. The intensity allowed as principal uses in the CSO zoning district proposed for Lots 5 and 6 is incompatible with the historic district. This LOR amendment does not meet the required findings of LOR section 2.4.5(M)(5) and therefore should be denied. .,.~: "'MP.'\N'(- .. ." .- -"". ."" ., : -.·'1.· .. Move a recommendation to the City Commission to deny the request for approval of the Land Development Regulation Text Amendment for the Pineapple Grove Limited Mixed-Use Project to allow the permitted uses and development standards of the CSO to apply to Lots 5 and 6 by adopting the findings of fact and law contained in the Staff Report and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LOR Section 2.4.5(M)(5). Attachments: · Proposed Amendment · Location Map · Applicant's Justification Statement · OSSHAD Lots Subject to CBD Regulations · Conceptual Plans Planning and Zoning Board ~ . Report LDR Text Amendment - Pineapple Grove Limited Page 7 PROPOSED LDR AMENDMENT FOR BLOCK 75 (B) Principal Uses and Structures: The following types of uses are allowed within the OSSHAD as a permitted use: (11 ) Within the following described areas, the uses allowed as permitted uses in Section 4.4.13(B) pursuant to the base district and special provisions of the Central Business District regulations shall also be allowed in the OSSHAD: (a) Lots 13-16, Block 60 (b) Lots 1-4, Block 61 (c) Lots 1-7 and 19-24, Block 69 (d) Lots 7 8 The South 38 feet and 3 inches of Lot 5 and all of Lots 6-8, Block 75 (e) Lots 1-6, Block 76 (F) Development Standards: The development standards as set forth, for the OS SHAD District, in Section 4.3.4 apply, except for: (1 ) The following locations shall be subject to the standards of the CBD Zone District: (a) Lots 13-16, Block 60 (b) Lots 1- 4, Block 61 (c) Lots 1- 7 and 19-24, Block 69 (d) Lots 7 8, The South 38 feet and 3 inches of Lot 5 and all of Lots 6-8. Block 75 (e) Lots 1- 6, Block 76 WEINER & ARONSON, P.A. t=r~"-'\!:=n ATTORNEYS AT LAW R ,_, t.,; r: ,!J t:. <_J The Clark House rwiAY 2 8 2004 102 North SWinton Avenue Delray Beach, Florida 33444 '., rLAftfih,û á. Lv:~"""¡ Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-maIl: mwelner@zonelaw.com MICHAEL S. WEINER OF COUNSEL: CAROLEJ.ARONSON ROBERT MARC SCHWARTZ, P.A. JASON S. MANKOFF Flonda Bar Board Certified Real Estate Lawyer MICHAEL R. HARRIS LLM. (In taxation) May 28, 2004 Via Hand Delivery Mr. Paul Dorling, Director of Planning & Zoning City Hall Planning & Zoning 100 N.W. First Avenue Delray Beach, Florida 33444 Re: Amendment to land Development Regulations Our File No: CARBOO2 Dear Diane: Pursuantto Section 2.4.5 (M) ofthe Land Development Regulations of Delray Beach, Florida, this is a formal letter of request to amend LOR Section 4.4.24 (B) (11) along with a rational for the requested amendment. Enclosed is a check in the amount of one thousand dollars ($1,000.00) payable to the City of Delray Beach for the cost of the text amendment request. Attached is a draft of the proposed ordinance in which the language to be amended is underlined. The analysis ofthe amendment and its potential impacts are as follows. Presently, the Land Development Regulations allow for CBD types of development within certain areas of the OSSHAD District. This amendment adds some additional properties to this already enacted concept because the classification of the properties is presently inappropriate. The area that would be added to the other areas which presently allow CBD development is adjacent to lots 7 and 8 of Block 75. Lots 7 and 8 of Block 75 are under the same ownership as the lots proposed to be added pursuant to this amendment. This change fits within the Comprehensive Plan of the City of Delray Beach, Florida and are in keeping with good land planning principles which are to do away with split zoning. Even though the zoning would remain OSSHAD, the development would be consistent with the CBD regulations. The ------- Mr. Paul Darling May 28, 2004 Page 2 amendment would also allow for the redevelopment of an important area that presently remains underutilized. Pleas advise me of all respective dates. MSW:vc cc: Louis Carbone, Esquire (via regular mail) O:\CARB002\Text Amendment May 26 2004.wpd Section 4.4. (24) (B) (11 ) Within the following described areas, the uses allowed as permitted uses in Section 4.4.13 (B) pursuantto the base district and special provisions of the Central Business District regulations shall also be allowed in the OSSHAD: [Amd. Ord. 23-01 5/1/01]; [Amd. Ord. 5-003/21/00] (I) Lots 13-16, Block 60 (m) Lots 1-4, Block 61 (n) Lots 1-7 and 19-24, Block 69 [Amd. Ord. 47-99 1/4/00] (0) The South 38 feet and 3 inches of Lot 5 and all of Lots 6-8. Block 75 (p) Lots 1-6, Block 76 O'\CARBOO2\4 4 24 (B) (11 ).wpd WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: mweiner@zonelaw.com MICHAEL S. WEINER OF COUNSEL: CAROLEJ.ARONSON Ø~ERT MARC SCHWARTZ, ,JASON S. MANKOFF Florida Bar Board Certffied Real Estate Lawyer MICHAEL R. HARRIS L.L.M. (In taxation) July 8, 2004 Via Hand Delivery Mr. Paul Dorlill9, Director of Planmng & Zoning City Hall Planning & ZOning 100 N.W. First Avenue Delray Beach, ~!orida 33444 . Re: Amendment to Land Development Regulations Our File No: CARB002 Dear Paul: Pursuant to Section 2,4.5 (M) of the Land Development Regulations of DelíåY ÐHlI.:h. Florida, this is a formal letter of request to amend LOR Section 4.4.24(F)(1). This requesi :;houlcJ be reviewed simultaneously with and in conjunction with our initial request to amend Section 4.4 24 (B) (11). Attached is a draft of the proposed overall amendment in which the language to be amended is underlined. T e appropriate mailing labels are also enclosed. Please advise me of all respective jates. CC: Louis Carbone, Esquire (w/enclosures via regular mail) O:\CARB002\Supplement to Text Amendmenlwpd R ï= r: '-'1' ,¡¡- . --~vt~¡\Jf-D - ~~.... J 11 l. 0 8 2004 PLP'¡':¡;~j:';Ú 6. LUj)j,'JG PROPOSED LDR SECTION 4.4.24 AMENDMENTS LDR Section 4.4.24 - OSSHAD Zoning District Regulations (B) Principal Uses and Structures . (11) Within the following described areas, the uses allowed as pennitted uses in Section 4.4. 13 (B) pursuant to the base district and special provisions ofthe Central Business District regulations shall also be allowed in the OSSHAD: (a) Lots 13-16, Block 60; (b) Lots 1-4, Block 61; (c) Lots 1-7 and 19-24, Block 69 [Amd. Ord. 47-991/4/00]; (d) The South 38-feet and 3-inches of Lot 5 and all of Lots 6-8 Block 75; and (e) Lots 1-6, Block 76 (F) Development Standards: (1) The following locations shall be subject to the standards of the CBD Zone District: (a) Lots 13-16, Block 60; (b) Lots 1-4, Block 61; (c) Lots 1-7 and 19-24, Block 69 [Amd. Ord.47-99 1/4/00]; (d) The South 38-feet and 3-inches of Lot 5 and all of Lots 6-8. Block 75; and (e) Lots 1-6, Block 76. O:\CARBOO2\Final Proposed LDR Amendment.wpd ~ e(!: ettðltlltn~ www.bocanews.com . Boca RatonlDelray Beach News - Monday, October 25, 20;)4 9 CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS AMENDING SEalON 4.4.24, II OLD SCHOOL SQUARE HISTORIC ARTS DISTRla (OS SHAD)", TO INCLUDE APDITIONAL PROPERTIES THAT ARE ALLOWED THE PERMITTED USES AND SUBJEa TO THE DEVELOPMENT STANDARDS OF THE CBD ZONING DISTRla The City Commission of the City of Delray Beach, Florida, proposes to adopt _ ~~~~~~~ . ORDINANCE NO. 42-04 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 SEGlON .4.4 24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSEGlON 4.4.2.4(B), "PRINCIPAL USES AND STRUCTURES" TO INCLUDE ADDITIONAL PROPERTIES THAT ARE ALLOWED THE PERMITTED USES OF THE CBD ZON- ING DISTRICT; AMENDING SUBSEGlON 4 4.24(F), "DEVELOPMENT STAN- DARDS", TO INCLUDE ADDITIONAL PROPERTIES IN THE OSSHAD DISTRICT THAT ARE SUBJECT TO THE STANDARDS OF THE CBD ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFEGlVE DATE. The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on TUESDAY. NOVEMBER 2. 2004. AT 7:00 P.M. # in the Commission Chambers at City Hall, 100 N.W. 1 st Avenue, Delroy Beach, Florida. If the proposed ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY. NOVEMBER 16. 2004. AT 7:00 P.M. (or at any continuation of such meeting which is set by the \.¿~ Commission). ~~.~ All interested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments in writing on or before the date of these hearings to the Planning and Zoning Department. For further ~\ ~ information or to obtain a copy of the proposed ordinance, please contact the 'D Pla'lning and Zoning Department, City Hall, 100 N.W. 1 st Avenue, Delray \d"tJ . '5> ~ \. Beach, Florida 3344.4 (email at pzmail@mydelraybeach.com) or by calling 561/2.43-70.40), between the hours of 8:00 a.m. and 5:00 p.m., Monday ~' 01>... through Friday, excluding holidays. r;r\ PI£ASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECI- SION MADE BY THE CITY COMMISSION WITH RESPECf TO ANY MATTER \~ CONSIDERED AT THESE HEARINGS, 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 ~ ?f't-ð; NOR PREPARE SUCH RECORD PURSUANT TO F.S. 286 01 05. CITY OF DElRAY BEACH Chevelle D. Nubin \ Acting City Clerk ~~L~ ~ PUBUSH: Monday, October 25, 2004 Tuesday, November 9, 200.4 AD# NS 100.472