Ord 25-01From The Desk of
Barbara Gari to, CMC
x-7051 Date 4Z/Z/~!
ORDINANCE NO. 25-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER)
DISTRICT TO RT (RESORT TOURISM) DISTRICT; SAID LAND
BEING A PARCEL OF LAND LOCATED ON THE SOUTHEAST
CORNER OF CONGRESS AVENUE AND LAKE IDA ROAD, AS
MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 2000";
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 August, 2000, as being zoned PCC (Planned Commerce
Center) District; and
WHEREAS, at its meeting of March 19, 2001 (continued from February 26, 2001), the
Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered
this item at a public hearing and voted to recommend that the property hereinafter described be
rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of RT (Resort Tourism) District for
the following described property:
Tract "I" as shown on the Plat of Congress Commerce Centre as recorded in Plat
Book 86, Pages 105 and 106, Public Records of Palm Beach County, Florida, less and
excepting a portion of said Tract 'T', said portion of Tract 'T' being more particularly
described as follows:
Beginning at the Southeast comer of Tract 'T' of said Plat of Congress Commerce
Centre; thence North 71° 18' 58" West along the South line of said Tract "I", a
distance of 435.24 feet; thence South 35° 23' 41" West, a distance of 58.99 feet;
thence North 71° 21' 05" West, a distance of 38.00 feet to the Northwest comer of
said Tract "II"; thence North 18° 38' 55" East along the westerly line of said Tract
'T', a distance of 74.42 feet; thence South 71° 18' 58" East, a distance of 490.24 feet
to a point on the easterly line of said Tract 'T'; thence South 18° 41' 02" West along
said easterly line of Tract "I", a distance of 17.90 feet to the point of beginning afore
described.
Section 2. That the Planning and Zoning Director of the said City shall, upon the
effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to
conform with the provisions of Section 1 hereof.
Section 3. That all ordinances or parts 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 5. 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
__ day of ,2001.
ATTEST
MAYOR
Acting City Clerk
First Reading.
Second Reading
2 ORD NO. 25-01
CITY COMMISSION DOCUMENY~ATION
TO:
THRU:
FROM:
DASD T. HARDE~N, CITY MANAGER
P.AUL DO_R..LING, DURECTOR OF PI_~NNING
& ZONING
SUBJECT:
MEETING OF APRIL 3, 200'1
REZONING FROM PCC (PLANNED COMMERCE CENTER) TO RT
(RESORT/TOURISM) FOR A PARCEL LOCATED ON THE SOUTHEAST
CORNER OF CONGRESS AVENUE AND LAKE IDA ROAD.
The subject property is currently approved as Phase I of Congress Commerce Center
(undeveloped). The Master Development Plan for the project was approved in 1997 and
modified in 1999. The project consists of two phases with 4 buildings totaling 160,200
square feet. The Site Plan was approved by the Site Plan Review and Approval Board on
April 29, 1998 and an 18 month extension was approved on October 6, 1999. The site
plan approval is now valid until April 29, 2001. The current development proposal is to
separate the north 5.96 acre parcel from the Congress Commerce Center Master
Development Plan and develop the property under the RT zoning district as an ice skating
facility. The proposed 89,600 square feet Glacier Ice and Snow Arena is to contain two
large rinks, a smaller studio rink, a pro shop, concessions and support facilities. The
rezoning is necessary to accommodate the proposed use.
PLANNING AND ZONING BOARD ,CONSIDERATION,
The Planning and Zoning Board held a public hearing on the proposed rezoning at its
meeting of March 19, 2001. One resident spoke in favor of the rezoning. The Board
recommended approval of the rezoning by a vote of 7 to 0.
REC~OMMENDED ACTION'
By motion, approve on first reading the ordinance for the rezoning of the subject property
from PCC (Planned Commerce Center) to RT (Resort/Tourism), based on positive findings
with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for
Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals,
Objectives and Policies of the Comprehensive Plan and set a public hearing date of April
17, 2001.
Attachments:
· P&Z Board Staff Report of March 19, 2001
· Legal Description
· Ordinance
sAplanning & zoning\boards~city commission~glacier ice rezoning.doc
ORDINANCE NO. 25-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER)
DISTRICT TO RT (RESORT TOURISM) DISTRICT; SAID LAND
BEING A PARCEL OF LAND LOCATED ON THE SOUTHWEST
CORNER OF CONGRESS AVENUE AND LAKE IDA ROAD, AS
MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 2000";
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 August, 2000, as being zoned PCC (Planned Commerce
Center) District; and
WHEREAS, at its meeting of March 19, 2001 (continued from February 26, 2001), the
Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered
this item at a public hearing and voted to recommend that the property hereinafter described be
rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of RT (Resort Tourism) District for the
following described property:
Tract 'T' as shown on the Plat of Congress Commerce Centre as recorded in Plat Book
86, Pages 105 and 106, Public Records of Palm Beach County, Florida, less and
excepting a portion of said Tract 'T', said portion of Tract 'T' being more particularly
described as follows:
Beginning at the Southeast comer of Tract 'T' of said Plat of Congress Commerce
Centre; thence North 71 ° 18' 58" West along the South line of said Tract 'T', a distance
of 435.24 feet; thence South 35° 23' 41" West, a distance of 58.99 feet; thence North
71° 21' 05" West, a distance of 38.00 feet to the Northwest comer of said Tract "II";
thence North 18° 38' 55" East along the westerly line of said Tract 'T', a distance of
74.42 feet; thence South 71° 18' 58" East, a distance of 490.24 feet to a point on the
easterly line of said Tract 'T'; thence South 18° 41' 02" West along said easterly line of
Tract 'T', a distance of 17.90 feet to the point of beginning afore described.
Section 2. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 1 hereof.
Section 3. That all ordinances or parts 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 5. 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 ~
day of ., 2001.
ATTEST M A Y O R
Acting City Clerk
First Reading
Second Reading
2 ORD NO. 25-01
MEETING DATE:
AGENDA ITEM:
ITEM:
March 19, 2001 (Continued from February 26, 2001 meeting)
IV.D.
Rezoning from PCC (Planned Commerce Center) to RT (Resort Tourism) for
Glacier Ice and Snow Arena on a 5.96 Acre Parcel of Land, Located at the
Southeast Comer of Lake Ida Road and Congress Avenue (North Half of
Congress Commerce Center Site).
GENERAL DATA:
Owner/Applicant .............
Agent ..............................
Location ..........................
Property Size ..................
Future Land Use Map .....
Current Zoning ................
Proposed Zoning ............
Adjacent Zoning .... North:
East:
South:
West:
Existing Land Use ...........
Prop(~sed Land Use ........
Water Service .................
Sewer Service .................
Congress Commerce Centre Joint
Venture I
Weiner & Aronson, P.A.
Southeast corner of Congress
Avenue & Lake Ida Road
5.96 Acres
Commerce
PCC (Planned Commerce Center)
RT (Resort Tourism)
PCC
CF (Community Facilities) & PCC
PCC
PC (Planned Commercial) & RM-8
(Medium Density Residential- 8
alu/ac)
Vacant
Rezoning from PCC to RT on a 5.96
Acre Parcel of land to accommodate
the proposed construction of Glacier
Ice & Snow Arena.
Available via connection to the
existing 20" water main on the south
side of Lake Ida Road, and the 8"
main along the west side of
Congress Avenue.
Available via installation of 8" sewer
mains on site which will gravity flow
northward to a proposed lift station
with a 4" force main connecting to an
existing 14" force main along Lake
Ida Road.
IV.D.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City
Commission on a rezoning request from PCC (Planned Commerce Center)
to RT (Resort/Tourism) for property associated with development of an ice
skating facility.
The subject property is located at the southeast corner of Congress Avenue
and Lake Ida Road.
BACKGROUND
The 5.96 acre subject property is currently approved as Phase I of Congress Commerce
Center (undeveloped). The Master Development Plan for the project was approved in
1997 and modified in 1999. The project consists of two phases with 4 buildings totaling
160,200 square feet. Phase I was approved for a total of 76,400 sq. ft. of building area
with one building containing 22,500 sq. ft. of Service Industry and 3,500 sq. ft. of Retail
space and a second building containing 50,400 sq. ft. of Light Industrial space. The Site
Plan was approved by the Site Plan Review and Approval Board on April 29, 1998 and an
18 month extension was approved on October 6, 1999. The site plan approval is now valid
until April 28, 2001.
PROJECT
DESCRIPTION
The current development proposal is to separate the subject property from the Congress
Commerce Center Master Development Plan and develop the property under the RT
zoning district as an ice skating facility. The proposed 89,600 square feet Glacier Ice and
Snow Arena is to contain two large rinks, a smaller studio rink, a pro shop, concessions
and support facilities. The rezoning is necessary to accommodate the proposed use.
A N ALY S I S,
REQUIRED FINDINGS:
LDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), 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
application. These findings relate to the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
Future Land Use Map: 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
PJanning & Zoning Staff Report
· Glacier Ice Rezoning
Page 2
consistent with the applicable land use designation as shown on the Future
Land Use Map,
The FLUM designation for the applicant's property is CMR (Commerce). The requested
zoning change is from PCC (Planned Commerce Center) to RT (Resort/Tourism). A
zoning designation of RT is consistent with the CMR Future Land Use Map designation
when the proposed facility will provide a substantial employment base and serve as an
economic generator for the City.
The RT zoning district is a specialized commercial district which provides for the
designation and regulation of certain land uses which are primarily intended for visitors
to the city. While the rezoning is being processed to accommodate a specific use, the
analysis must consider the impact of all uses allowed under the proposed designation.
The principal uses permitted within the RT zoning district include hotels and motels;
entertainment, cultural and recreational facilities; conference facilities; and, service and
specialty uses. The large size of the parcel would permit a large building area with the
potential for a substantial employment base. One example would be a hotel complex
such as the Marriott with conference and banquet facilities. However, given the range
of permitted uses, it is not possible to determine the potential employment base for the
property developed under the proposed RT zoning without knowing the specifics of the
project. This limitation also applies to development under the existing PCC zoning,
which could contain a substantial office component with a significant number of
employees or a highly mechanized manufacturing and storage facility with a limited
employment base. The applicant has submitted an employment estimate for the
proposed ice skating facility including 44 full time and 67 part time jobs. Although this is
probably less than what would be expected in the hotel example, it is potentially more
than what could happen under the existing PCC zoning.
It is the nature of the permitted uses within the RT zoning district to draw customers
from outside the City. By creating this draw, these businesses would also increase the
consumer base for other city businesses and serve as an economic generator. As an
example, the applicant's proposed ice skating rink will attract people from a broad area
outside the City. In addition to money spent at the facility, other city businesses can
expect increased sales as customers combine trips and parents go shopping, get car
maintenance, have lunch, etc., while their children participate in activities at the ice
rink.
Based upon the above, positive findings can be made with respect to consistency with
the Future Land Use Map.
Concurrency - Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
The proposed rezoning of the property to RT allows a development intensity similar to
that in the existing PCC district.
PJanning & Zoning Staff Report
. Glacier Ice Rezoning
Page 3
Traffic:
The approved Master Development Plan for Congress Commerce Center generated a
total of 1,537 new trips per day. The project as approved met the Traffic Performance
Standards of Palm Beach County, but was contingent upon phasing of the project to
the widening of Lake Ida Road, from Congress Avenue to Military Trail. The subject
segment of Lake Ida Road is scheduled to be widened to four lanes in 2001. This road
improvement is considered an Assured Construction Project, therefore, concurrency is
deemed to be met.
Given the range of permitted uses, development of the property under RT zoning
would be of similar intensity to that allowed in the PCC district. As an example, a traffic
impact analysis for the proposed ice skating rink and modified Commerce Center
Master Plan was submitted by the applicant. The trip generation analysis indicates that
the proposed modifications would result in an increase of 49 daily trips, a decrease of
61 AM peak trips and an increase of 8 PM peak trips from the previously approved
Master Development Plan.
Traffic concurrency with respect to individual site development proposals must be
addressed with review of a specific site development plan. A traffic study for whatever
development is proposed for the property will be required. A copy of the Traffic Impact
Analysis for the proposed project has already been sent to Palm Beach County for
review. Site Plan approval will be contingent upon the provision of a confirmation letter
from Palm Beach County Traffic Division stating that the proposal complies with the
Palm Beach County Traffic Performance Standards Ordinance. Based upon the above,
positive findings with respect to this level of service standard can be made.
Water & Sewer:
Water service is available via connection to a 20" water main along the south side of
Lake Ida Road and an 8" main along Congress Avenue. Sewer service is available via
installation of a lift station and connection to a 14" sewer force main along the north
side of Lake Ida Road. Pursuant to the Comprehensive Plan, treatment capacity is
available at the City's Water Treatment Plant and the South Central County Waste
Water Treatment Plant for the City at build-out. Water and sewer service will be further
addressed with a site plan submittal. No problems are anticipated. Thus, positive
findings with respect to this level of service standard can be made.
Drainage:
Paving and drainage plans are not required for rezoning requests. However, under the
approved Master Development Plan, drainage was to be accommodated on site via an
exfiltration system. It is likely that future development of the property under the
proposed RT zoning will also utilize this drainage method. Drainage plans, which
comply with South Florida Water Management District standards, will be required when
the project is submitted for site plan approval. No problems are anticipated. Thus,
positive findings with respect to this level of service standard can be made.
Planning & Zoning Staff Report
Glacier Ice Rezoning
Page 4
Parks and Recreation:
Park and dedication requirements do not apply to nonresidential uses. Thus, there will
be no impact on this level of service standard. Furthermore, the anticipated
development is a recreational facility to be operated by the private sector, which helps
diversify recreational opportunities not only for residents of the City, but for residents in
the region.
Solid Waste:
The Solid Waste Authority indicates that it has capacity to serve development in the
County at its current LOS of 7.2 pounds per day per capita for the life of the existing
landfill (approximately 2021). Development of the property under the approved Master
Development Plan would generate approximately 180 tons per year at 4.7 lbs per sq.
ff.. Potential uses under the proposed RT zoning have similar generation rates and
would yield similar results. For example, the solid waste generation rate for hotels is
also 4.7 lbs per square foot. If the proposed 89,600 sq. f. ice skating rink is built, it
would generate approximately 148 tons per year at 3.3 lbs per square foot.
As shown above, the development of the property under the RT zoning district
regulations should not create an adverse impact on this level of service standard.
Thus, positive findings with respect to this level of service standard can be made.
Consistency - The requested designation is consistent with the goals,
objectives and policies of the most recently adopted Comprehensive Plan.
A review of the adopted Comprehensive Plan was conducted and no applicable
objectives and policies were found with regard to rezoning of the subject property for
PCC to RT. However, the following objective, which relates to the applicant's proposed
Glacier Ice and Snow Arena was found:
Open Space and Recreation Element Objective A.4 The provision of recreational
facilities by the pdvate sector is an important factor in the quality of life in the entire
community, especially for teenagers and young adults. The City shall encourage the
siting of appropriate pdvate recreational facilities within the City through the provision
of informational services, and consideration of innovative, quality development
proposals.
As stated above, facilities such as the proposed Glacier Ice project are needed in the
City. Unfortunately, recreational projects of this type require a considerable land area
to accommodate the large building size and parking requirements. Sites in the City
where this can be accomplished are limited. The subject property meets all the
necessary requirements, but requires that the property be rezoned to accommodate
the use.
A positive finding with respect to consistency with the Comprehensive Plan can be
made with regard to the rezoning of the subject property.
Planning & Zoning Staff Report
Glacier Ice Rezoning
Page 5
Complia,nce -- Development under the requested designation will comply with
the provisions and requirements of the Land Development Regulations.
A preliminary site plan was submitted with this rezoning request to show how the
proposed ice skating rink would fit on the site and how the project would relate to the
remaining portion of Congress Commerce Center. If the rezoning is successful and
the project goes forward as proposed, the following technical comments should be
addressed with the site plan submittal:
1. The handicapped accessible parking spaces should be relocated adjacent to the
building/sidewalk.
2. The location of all dumpster and refuse areas and all ground level air-conditioning
units and mechanical equipment must be shown on the plan and appropriately
screened.
3. A replat of the property will be required to change the location of the tract line to
correspond to the proposed south property boundary for the parcel. A cross-access
easement will also be required to share the driveway which is split by the south
property boundary, with the parcel to the south. This easement, together with the
relocation of utility easements which would be under the building in their present
location, must be indicated with the re-plat.
Compliance with the Land Development Regulations will be further addressed with
review of a site plan approval request. There should be no problems complying with
the Land Development Regulations. Given the above, a positive finding with respect to
compliance with the Land Development Regulations can be made
Section 3.2.1 (Basis for Determining Consistency): The performance standards set
forth in this Article either reflect a policy from the Comprehensive Plan or a principle
of good planning practice. The performance standards set forth in the following
sections as well as compliance with items specifically listed as required findings in
appropriate portions of Section 2.4.5 shall be the basis upon which a finding of
bverall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this
Article shall not be a basis for not allowing consideration of other objectives and
policies found in the adopted Comprehensive Plan in the making of a finding of
overall consistency.
Section 3.2.2 (Standards for Rezoning Actions): Standards A, B, C and E are not
applicable with respect to the proposed rezoning. 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 property is surrounded by the following zoning districts: to the north, across Lake Ida
Road and to the south is zoned PCC; to the east is zoned CF (Community Facilities); and
to the west is zoned PC (Planned Commercial). The existing land uses are: an industrial
park (Delray Park of Commerce) to the north; vacant land (part of the approved Congress
Planning & Zoning Staff Repod
· Glacier Ice Rezoning
Page 6
Commerce Center) to the south; an FPL substation and the City Public Works storage
facility to the east; and, an existing shopping center (Lake Ida Plaza) to the west. The
Congress Avenue corridor primarily contains light industrial uses with some commercial,
office and residential uses. The uses allowed within the RT zone district are of similar
intensity and will be compatible with the existing uses. Therefore, a positive finding with
respect to compatibility with existing and future land uses can be made.
Section 2.4.5(D)($) (Rezonina Findin¢3s}:
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.t.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:
ag
That the zoning had previously been changed, or was originally established,
in error;
be
That there has been a change in circumstances which make the current
zoning inappropriate;
That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The applicant has submitted the following statement indicating the reasons for which the
rezoning is being sought based on "b" and "c" above:
There has been a change in circumstances which makes the current zoning inappropriate.
The present zoning is "PCC" that is, Planned Commerce Center. Its location, at the
southeast comer of Lake Ida Road and Congress Avenue is in an area which is a corridor
for such uses. There is an abundance of this kind of property available within the city limits
of Delray Beach, Florida. The proposed use, namely an ice skating rink, is a recreational
opportunity that will enhance the quality of life, provide for family recreation, and promote
the spirit of community.
The Comprehensive Plan for the City of Delray Beach, Florida states that such project
shall receive a high priority in the investment of resources. Furthermore, the
comprehensive Plan states that such facilities should become a joint responsibility of both
the public and private sectors. Where, as in this case, it is a recreational facility that
improves the quality of life for teenagers and young adults, the Comprehensive Plan goes
on to state that the City of Delray Beach should encourage such recreational facilities
within the City of Delray Beach.
A facility of this nature requires about six acres of land. The applicant has attempted to
obtain land in other areas of the City of Delrey Beach which would have a more
appropriate zoning designation. However, for other reasons, the applicant has been
unable to purchase any such land. This particular land is one of the last remaining parcels
of six acres which could support a facility of this type and size within the borders of the
City of Delray beach, Florida. The City has been unable to meet the objectives of the
Planning & Zoning Staff Report
Glacier Ice Rezoning
Page 7
Comprehensive Plan in this area to the extent that it desires. Accordingly, there has been
a change in circumstances whereby the City should be promoting zoning for recreational
facilities of this kind and is in a position to decrease "PCC" zoning which is in abundance.
The Future Land Use Map designation is CMR, namely "Commeme." This is classified as
a commercial land use. The requested zoning is of similar intensity as allowed under this
Future Land Use Map Designation and is more appropriate for the property based upon
the circumstances particular to the site and surrounding area. The intersection of Lake Ida
Road and Congress Avenue has become a high traffic intersection with general retail on
the southwest comer. Immediately to the west, residential neighborhoods have been
developed. As a result, over the years, this particular intersection and area are now more
oriented to consumer and general traffic patterns than to a business only traffic pattem. As
a result, it would be more appropriate to allow a recreational facility appealing to the
residential families in the western neighborhoods than it would be to maintain the present
zoning of "PCC." As stated above, there is an abundance of business oriented zoning
within the city limits of Delray Beach, Florida, but there is not an abundance of zoning
which would allow recreational facilities.
The City recognizes the importance of encouraging the private sector to provide
recreational facilities within the city, especially for teenagers and young adults. However,
since projects of this type require a considerable land area to accommodate the large
building size and parking requirements, vacant sites within city where this can be
accomplished are limited. The most likely sites for this purpose are located within the
industrial corridor between Congress Avenue and Interstate 95. The subject property
meets all the development requirements for this type of project and is located on an
arterial roadway with excellent access to 1-95. The applicant has requested the rezoning to
accommodate a proposed ice skating facility. Development of the site for private
recreational purposes will meet the City's need to provide more recreational opportunities
for its younger population and draw more consumers into the city. Under the
circumstances, the requested zoning is more appropriate for the property. Based upon the
above, a positive finding can be made with respect to this requirement.
REVIEW BY OTHERS
The development proposal is not within a geographical area requiring review by the DDA
(Downtown Development Authority) or CRA (Community Redevelopment Agency).
Courtesy Notices:
A special courtesy notice was provided to PROD, the President's Council and the following
homeowners associations:
Rainberry Lake Homeowners Association
Villas of Rainberry Lake
· Rainberry Bay Homeowners Association
· Sudan Homeowners Association
· Pines of Delray North
· Chatelaine
Country Manor
· Delray Shores
· Lake Ida Homeowners Association
Planning & Zoning Staff Repod
· Glacier Ice Rezoning
Page 8
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of objection and support, if any, will be presented at the Planning
and Zoning Board meeting.
ASSESSMENT AND CONCLUSION
The proposed rezoning to RT (Resort/Tourism) will allow the property to be developed for
a large scale private recreational facility which will draw customers from Delray Beach and
the surrounding municipalities. A project of this type will serve as an economic generator,
and fulfill a stated city objective to provide additional recreational opportunities for its
younger population. Overall, uses permitted within the RT zoning district are of similar
intensity to those allowed in the existing PCC zone and will not present an additional
demand on city services. 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 for the proposed rezoning of the subject property. Therefore this
rezoning can be recommended for approval based on the findings outlined in this report.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Recommend to the City Commission rezoning of the subject property from PCC
(Planned Commerce Center) to RT (Resort/Tourism), based on positive findings with
respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for
Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals,
Objectives and Policies of the Comprehensive Plan.
C. Recommend to the city Commission denial of the rezoning, based on a failure to make
positive findings with respect to LDR Section 2.4.5(D)(5).
RECOMMENDED ACTION
Recommend to the City Commission rezoning of the subject property from PCC (Planned
Commerce Center) to RT (Resort/Tourism), based on positive findings with respect to LDR
Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions),
and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies
of the Comprehensive Plan.
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