Ord 35-05
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ORDINANCE NO. 35-05
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED R-1-A (SINGLE
F AMIL Y RESIDENTIAL) DISTRICT INTO CF
(COMMUNI1Y FACILITIES) DISTRICT; SAID LAND
BEING A PARCEL LOCATED ON THE WEST SIDE OF
NW 4TH AVENUE, APPROXIMATELY 80 FEET SOUTH OF
MARTIN LUTHER KING JR. DRIVE (NW 2ND AVENUE),
AS MORE P ARTICULARL Y DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, APRIL 2005"; 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 2005, as being zoned R-1-A (Single Family Residential)
District; and
I WHEREAS, at its meeting of May 23, 2005, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0
to recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the 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 CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
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Section 2. 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 CF (Community Facilities) District for
the following described property:
That part of Lots 8, 9, and 10, Replat of Part of Block 27, Town of Linton, Delray Beach,
Florida, according to the Plat thereof recorded in Plat Book 21, Page 43 of the Public
i Records of Palm Beach County Florida, described as follows:
! All of said Lots 9 and 10, and the following described part of Lot 8:
Begin at the Southwest comer of said Lot 8; thence Easterly, along the South line of said Lot
8, 135.57 feet to the East line of said Lot 8; thence Northerly, along said East line, 23.00
feet; thence Westerly, parallel with the South line of said Lot 8, 15.00 feet; thence Southerly,
parallel with the East line of said Lot 8, 18.20 feet; thence Westerly, parallel with the South
Line of said Lot 8, 32.60 feet; thence Southerly, parallel with the East line of said Lot 8, 0.80.
feet; thence Westerly, parallel with the South line of said Lot 8, 57.00 feet; thence Northerly,
i at right angles, 43.00 feet; thence Westerly, at right angles, 31.61 feet to the West line of said
Lot 8; thence Southerly, along said West line, 47.00 feet to the said Point of Beginning.
Section 3. 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 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
I are hereby repealed.
Section 5. 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 6. That this ordinance shall become effective immediately upon passage on second
and final reading.
r;).~ PASSED AND ADOPTED in regular session on second and final reading on this the
, day of """3"\~ , 200,$..
2 ORD NO. 35-05
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ATTEST Ml~
'A OR
~S). ~~
City Clerk
First Reading lu \ \ \()<?
Second Reading ~ \ ~ \ \):)
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3 ORD NO. 35-05
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MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGER trJAl\
SUBJECT: AGENDA ITEM # \~ß - REGULAR MEETING OF JUNE 21, 2005
ORDINANCE NO. 35-05
DATE: JUNE 17, 2005
This ordinance is before Commission for second reading and a quasijudiciaJ hearing for a rezoning from
R-1-A (Single Family Residential) to CF (Community Facilities) associated with the establishment of a
Senior Housing Facility at the La France Hotel, located on the west side of N.W. 4th Avenue,
approximately 80 feet south of Martin Luther King Jr. Drive (N.W. 2nd Street).
The property contains the 4,028 square foot La France Hotel, which is currendy used as a 16-room
boarding house with two (2) full bathrooms on each floor. The two-story concrete block structure was
built in 1947 m the Masonry Vernacular style and is considered a contributing building within the West
Setders Historic District. It is recognized as the area's first hotel and, in the 1950's, was one of the few
lodgings m South Florida that offered accommodations for blacks during a time when they were not
permitted in white-owned hotels.
The applicant, the Community Redevelopment Agency (CRA), is proposing to alter the extant historic
building and construct an addition to provide a Senior Housing Facility which will offer affordable
housing units for residents 60 years of age and older. There is a need for affordable housing for the
senior residents of Delray Beach who cannot afford market rate housing at their current income level.
In addition, there has been a change of ownership of the property from a private individual to a
government agency (CRA) which has made a commitment to the community to preserve the historic
structure and adapt it for re-use. Therefore, the rezoning request from R-1-A to CF would
accommodate this change. The request accompanies an LDR text change to add Senior Housing as a
conditional use in the CF zoning district and a ConditlOnal Use request, which are separate items on the
agenda.
The Planning and Zoning Board held a public hearing at its meeting of May 23, 2005. There was no
public teS1lmony. The Board voted 4-0 to recommend to the City Commission approval of the
rezoning request, based upon positive fmdings of fact and law contained in the staff report and finding
that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR
Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions) LDR Section
2.4.5(M) (Amendment to Land Development Regulations).
At the first reading on June 7, 2005, the City Commission passed Ordinance No. 35-05.
Recommend approval of Ordinance No. 35-05 on second and final reading.
S.\Ctty Clerk\agenda memos\Ord 35-05 Rezorung CF La France Hotel 062105
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II CITY COMMISSION DOCUMENTATION .~
TO: :~T.
THRU: CTOR OF PLANNING AND ZONING
WAUJ·
FROM: TORIC PRESERVATION PLANNER
SUBJECT: MEETING OF JUNE 7, 2005
REZONING FROM R-1-A (SINGLE FAMILY RESIDENTIAL) TO CF
(COMMUNITY FACILITIES) ASSOCIATED WITH THE ESTABLISHMENT OF A
SENIOR HOUSING FACILITY AT THE LA FRANCE HOTEL
II BACKGROUND/ANALYSIS II
The property contains the 4,028 square foot La France Hotel which is currently used as a 16-
room boarding house with two (2) full bathrooms on each floor. The two-story, concrete block
structure was built in 1947 in the Masonry Vernacular style and is considered a contributing
building within the West Settlers Historic District. It is recognized as the area's first hotel and, in
the 1950's, was one of the few lodgings in South Florida that offered accommodation for blacks
during a time when they were not permitted in white-owned hotels.
The applicant, the Community Redevelopment Agency (CRA), is proposing to alter the extant
historic building and construct an addition to provide a Senior Housing Facility which will offer
affordable housing units for residents of 60 years and older. There is a need for affordable
housing for the senior residents of Delray Beach who cannot afford market rate housing at their
current income level. Also, there has been a change of ownership of the property from a private
individual to a government agency (CRA) which has made a commitment to the community to
preserve the historic structure and adapt it for re-use.
A rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) to
accommodate this change is therefore requested. This request accompanies an LDR text
change to add Senior Housing as a conditional use in the CF zoning district, which is a separate
item on the agenda. On the second reading, it will also be accompanied by a Conditional Use
request.
[I P LAN N I N G AND Z 0 N I N_~. ~ ~_.~._~.~ C _~ N S [) ~__~.A·T 19 N._____~
At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing in
conjunction with the request. After reviewing the staff report and discussing the proposal, the
Board voted 4-0 to recommend approval of the rezoning request from R-1-A to CF, 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.
II RECOMMENDED ACTION II
By motion, approve on first reading the ordinance for a rezoning from R-1-A (Single Family
Residential to CF (Community Facilities) based on the findings of fact and law contained in the
staff report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets criteria set forth In Section 2.4.5(D)(5), Section 3.1.1 (Required
Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development
Regulations, and set a public hearing date of June 21, 2005.
Attachments' P & Z Board Staff Report of May 23,2005 & Ordinance by Others
\ë;LG
ORDINANCE NO. 35-05
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED R-1-A (SINGLE
F AMIL Y RESIDENTIAL) DISTRICT INTO CF
(COMMUNI1Y FACILITIES) DISTRICT; SAID LAND
BEING A PARCEL LOCATED ON THE WEST SIDE OF
NW 4TH AVENUE, APPROXIMATELY 80 FEET SOUTH OF
MARTIN LUTHER KING JR. DRIVE (NW 2ND A VENUE),
AS MORE P ARTICULARL Y DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRA Y BEACH,
FLORIDA, APRIL 2005"; 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 2005, as being zoned R-1-A (Single Family Residential)
District; and
WHEREAS, at its meeting of May 23, 2005, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0
to recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the 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 CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. 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 CF (Community Facilities) District for
the followmg described property:
That part of Lots 8, 9, and 10, Replat of Part of Block 27, Town of Linton, Delray Beach,
Florida, according to the Plat thereof recorded in Plat Book 21, Page 43 of the Public
Records of Palm Beach County Florida, described as follows:
All of said Lots 9 and 10, and the following described part of Lot 8:
Begin at the Southwest comer of said Lot 8; thence Easterly, along the South line of said Lot
8, 135.57 feet to the East line of said Lot 8; thence Northerly, along said East line, 23.00
feet; thence Westerly, parallel with the South line of said Lot 8, 15.00 feet; thence Southerly,
parallel with the East line of said Lot 8, 18.20 feet; thence Westerly, parallel with the South
Line of said Lot 8, 32.60 feet; thence Southerly, parallel with the East line of said Lot 8, 0.80.
feet; thence Westerly, parallel with the South line of said Lot 8, 57.00 feet; thence Northerly,
at right angles, 43.00 feet; thence Westerly, at right angles, 31.61 feet to the West line of said
Lot 8; thence Southerly, along said West line, 47.00 feet to the said Point of Beginning.
Section 3. 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 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. 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 6. 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 ,200_.
2 ORD NO. 35-05
A TrEST MAYOR
City Clerk
First Reading
Second Reading
3 ORD NO. 35-05
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PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE: May 23, 2005
AGENDA ITEM: IV.A.
ITEM: Rezoning From R-1-A (Single Family Residential) To CF (Community Facilities) For
The La France Hotel, Located on the West Side of NW 4th Avenue, Approximately
80 Feet South of Martin Luther King Jr. Drive (NW 2nd Street).
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GENERAL DATA: -
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Owner/Applicant......................... Delray Beach CRA - - -
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Location...................................... Located on the west side of -
NW 4th Avenue, between NW ~ II IH T_
1st Street and Martin Luther MAR"" Lurnrn ~. KlHG .R 0 r-
King Jr. Drive (NW 2nd Street) §I¡ L ~
Property Size................ .............. 0.36 Acres - ~
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Future Land Use Map................ LD (Low Density)
Current Zoning............................ R-1-A (Single Family ---------j -
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Residential -J L z I
Proposed Zoning........................ CF (Community Facilities) - T i
Adjacent Zoning................North: R-1-A .. ~J ~ J
East: R-1-A I
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South: R-1-A z 3: 3:==
West: CBD ~_;z_ z~.
FIRE !
STAnON -
Existing Land Use...................... Hotel :J UUllJ 1=
LE TENNIS
Proposed Land Use.................... Senior Housing Facility L- STADIUM
Water Service...........................:: Available on site NO_ -
Sewer Service...........:................. Available on site ATLANTIC AVENUE
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I ITEM BEFORE THE BOARD I
The item before the Board is that of making a recommendation to the City Commission
on a rezoning from R-1-A (Single Family Residential) to CF (Community Facilities)
associated with the establishment of a Senior Housing Facility at the La France Hotel,
pursuant to LDR Section 2.4.5(D).
The subject property is located on the west side of NW 4th Avenue, between NW 1st
Street and Martin Luther King Jr. Drive (NW 2nd Street), and contains 0.36 acres.
I BACKGROUND/PROJECT DESCRIPTION I
The property contains the 4,028 square foot La France Hotel which is currently used as a 16-room
boarding house with two (2) full bathrooms on each floor. The two-story, concrete block structure
was built in 1947 in the Masonry Vernacular style and is considered a contributing building within the
West Settlers Historic District. It is recognized as the area's first hotel and, in the 1950's, was one of
the few lodgings in South Florida that offered accommodation for blacks during a time when they
were not permitted in white-owned hotels.
The applicant (CRA) is proposing to alter the extant historic building and construct an addition to
provide a Senior Housing Facility which will offer affordable housing units for residents of 60 years
and older. There is a need for affordable housing for the senior residents of Delray Beach who
cannot afford market rate housing at their current income level. Also, there has been a change of
ownership of the property from a private individual to a government agency (C.R.A.) which has made
a commitment to the community to preserve the historic structure and adapt it for re-use as a Senior
Housing Facility.
A rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) to accommodate this
change is therefore requested.
I ZONING ANALYSIS I
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 Future Land Use Map Consistency,
concurrency, Comprehensive Plan Consistency and Compliance with the Land Development
Regulations.
FUTURE LAND USE MAP: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent with the
applicable land use designation as shown on the Future Land Use Map.
The subject property has a Future Land Use Map designation of LD (Low Density 0-5 du/acre) and is
currently zoned R-1-A (Single Family Residential). Senior Housing is not specifically listed as a
permitted use in the R-1-A zoning district. The Community Facilities (CF) zoning district is a special
P&Z Board Staff Report
Rezoning from R-1-A to CF for the La France Hotel (140 NW 4th Avenue)
Page 2
purpose zone district primarily, but not exclusively, intended for locations at which facilities are
provided to serve public, semi-public, and private purposes. Such purposes include governmental,
religious, educational, health care, social service, and special facilities [Ref. LDR Section 4.4.21 (A»).
'Senior Housing' is to be added as a conditional use to the CF District as a separate agenda item. If
approved, the use will be consistent with the proposed CF zoning. Furthermore, pursuant to LDR
Section 4.4.21 (A), the CF district is deemed compatible with all land use designations shown on the
Future Land Use Map. Based upon the above, positive findings can be made with respect to Future
Land Use Map Consistency.
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.
Water & Sewer:
I:J Water service exists via an existing 20" water main located along the west side of NW 4th
Avenue.
I:J Sewer service exists via the existing 8" main located along the east side of NW 4th Avenue.
The proposed development will accommodate uses of similar intensity as those which exist on the
site today and will have similar water consumption and sewer generation rates. 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. Based upon the above,
positive findings can be made with respect to this level of service standard.
Drainaae:
With a rezoning request, drainage plans are not required. The rezoning to CF is to allow a Senior
Housing Facility to occupy the existing building. On-site drainage will be addressed through the site
plan approval phase and no problems are anticipated.
Traffic:
While the proposed CF zoning would allow uses of similar or greater intensity from a traffic
perspective than those allowed under R-1-A, an increase in traffic volumes is not anticipated with
this request. As previously noted, the proposed rezoning from R-1-A to CF is to accommodate a
change in use from boarding house to Senior Housing Facility. The conversion from 16 hotel units to
14 senior housing facility units represents a significant reduction not only in daily trip generation but
also in both pm and am peak hours. Based upon the above, a positive finding can be made with
regard to this level of service standard concerning the proposed rezoning request.
Parks and Recreation:
The proposed Senior Housing Facility is a residential use. However, since the facility will replace 16
units with 14 units (i.e. creation of no new units), no additional park impact fees will be required.
P&Z Board Staff Report
Rezoning from R-1-A to CF for the La France Hotel (140 NW 4th Avenue)
Page 3
School Concurrency:
In addition to the proposed Senior Housing, the CF zoning district already allows some residential
uses in the form of residential homes and group homes. These type of uses by their nature do not
create a demand on schools. Therefore, the zoning change is likely to represent a reduction in the
impact or demand on school facilities and services.
Solid Waste:
Trash generated each year by the proposed Senior Housing Facility under the proposed CF zoning
district will be slightly greater than trash generated by the uses allowed under the R-1-A zoning
district however the difference should not create an adverse impact on this level of service standard.
The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all
development proposals until the year 2021.
CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2
(Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5)
(Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be
made. Other objectives and policies found in the adopted Comprehensive Plan may be used
in the making of a finding of overall consistency.
Section 3.2.2 (Standards for Rezonina Actions): Standard A, B, C and E are not applicable
with respect to this rezoning request. The applicable performance standard of Section 3.2.2
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 to the north, south, and east by the R-1-A zoning designation,
which is comprised of single family residences, and to the west by CBO zoning which is comprised of
multiple-family dwellings and commercial uses. The principal uses within the CF district, including
governmental offices, community centers, libraries, museums, child care centers, and places of
worship, and conditional uses including child care and adult care are compatible with both residential
and commercial uses. Additionally, the proposed Senior Housing Facility is similar in intensity and
compatible with other uses allowed in the CF district.
Section 2.4.5(D)(5) (Rezonina Findinas):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City
Commission must make a finding that the rezoning fulfills one of the reasons for which the
rezoning change is being sought. These reasons include the following:
a. That the zoning had previously been changed, or was originally established, in error;
b. That there has been a change in circumstances which make the current zoning
inappropriate;
P&Z Board Staff Report
Rezoning from R-1-A to CF for the La France Hotel (140 NW 4th Avenue)
Page 4
c. That the requested zoning is of similar intensity as allowed under the Future Land Use
Map and that it is more appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
The basis for rezoning relates to reason "b". The change in circumstances is the need for affordable
housing for the citizens of Delray Beach, specifically for the seniors who cannot afford the market
rate housing at their current income level. In addition, the property recently changed ownership from
a private individual to a governmental agency (C.R.A.) which has made a commitment to the
community to preserve the extant historic structure and adapt it for reuse as a Senior Housing
Facility. The proposed use is inappropriate for the R-1-Ä zoning district; however, the CF district was
created as a special purpose district that is intended to permit uses that serve public or semi-public
purposes. The rezoning of the property will accommodate a Senior Housing Facility. Further, the CF
district is deemed compatible with all land use designations shown on the Future Land Use Map.
Based on the above, the CF zone district is more appropriate for the property based upon a change
in circumstances.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the
following applicable goals and objectives that are relevant to the proposed rezoning were noted:
Future Land Use Objective A-1: Property shall be developed or redeveloped, in a manner so
that the future use and intensity is appropriate in terms of soil, topographic, and other
applicable physical considerations; is complementary to adjacent land uses; and fulfills
remaining land use needs.
There is a need for affordable housing for the citizens of Delray Beach, particularly the senior
residents, and the increase in their population number, who cannot afford market rate housing at
their income level. The rezoning and provision of a Senior Housing Facility will address this need for
affordable housing. The location of the project is ideal for senior residents as it is in a quiet
residential neighborhood and within walking distance to services such as mass transit, commercial,
cultural, recreational, and public facilities. The La France Hotel is a contributing building in the West
Settlers Historic District and the conversion to Senior Housing will ensure its continued use and
repair.
Future Land Use Objective A-2: To reduce, and eventually eliminate, uses which are
inconsistent with the character of the City of Delray Beach, or which are inconsistent with
predominant adjacent land uses, and to insure compatibility of future development.
The current boarding house is a non-conforming use with respect to the property's zoning and LD
Future Land Use Map designation. Further, since boarding houses are not permitted within the City,
the adaptive reuse of the property for a Senior Housing Facility as a conditional use under the CF
zoning district will bring the use into conformance.
Future Land Use Objective A-4: The redevelopment of land and buildings shall provide for the
preservation of historic resources.
The extant historic building is a contributing structure within the West Settlers Historic District and
the current proposal is for the adaptive reuse of the building as a Senior Housing Facility. From a
historic preservation point of view, the most appropriate use for a building is the use for which it was
first built. However, this is not possible under the existing code as commercial hotels are not
P&Z Board Staff Report
Rezoning from R-1-A to CF for the La France Hotel (140 NW 4th Avenue)
Page 5
permitted in residential zoning districts. When a new use has to be found for a historic building, the
new use should be both appropriate and sustainable. In this case, if the text amendment and
conditional use application is approved, the building will be modified to support a more appropriate
type of residential use and only minor internal alterations of the extant historic building will be
required. As there is a need for this form of housing and the proposal has the backing of a
government agency, it is anticipated that the proposed use will be sustainable, ensuring the future
protection and maintenance of the historic structure. The proposal, therefore, can be regarded as an
appropriate and sustainable new use for the former La France Hotel.
Future Land Use Goal Area C: Blighted areas of the City shall be redeveloped and renewed
and shall be the major contributing areas to the renaissance of Delray Beach.
Approving the text amendment and conditional use application will facilitate the repair and alteration
of an extant historic building within the West Settlers Historic District. The entire site will be brought
up to code with respect to parking, landscaping, drainage, and building components, and the
streetscape of the neighborhood will be enhanced. On completion, the structure will be put to a
sustainable use which will ensure its ongoing repair and upkeep. The aesthetic and structural
improvements to the site may also be a catalyst for other property owners to enhance their
properties, and the accommodations for senior housing will enrich the social and cultural fabric of the
community.
Housina Objective B-2: Redevelopment and the development of new land shall result in the
provision of a variety of housing types which shall continue to accommodate the diverse
makeup of the City's demographic profile.
There is a growing need for affordable housing for the senior residents of Delray Beach. The
rezoning to CF and approval of the conditional use will allow the property to be used as a Senior
Housing Facility which will address this problem by providing affordable housing for citizens of 60
years of age and older.
Downtown Delrav Beach Master Plan - Development Without Displacement
The adaptive reuse of the existing building to create a Senior Housing Facility to provide affordable
housing will address issues such as gentrification and involuntary displacement as outlined in the
'Development Without Displacement' community handbook. By providing affordable housing, senior
residents of the West Settlers area will be able to continue living there without the fear of being
displaced because of rising costs. The location of the project is ideal for senior residents as it is in a
quiet residential neighborhood and within walking distance to services such as mass transit,
commercial, cultural, recreational, and public facilities.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
A text amendment and conditional use application for this property are under separate agenda
items. The proposed text amendment will allow Senior Housing Facilities within the CF district as a
conditional use. The proposed text amendment includes the following operating criteria for Senior
Housing Facilities:
P&Z Board Staff Report
Rezoning from R-1-A to CF for the La France Hotel (140 NW 4th Avenue)
Page 6
LDR Section 4.3.3 - Senior Housing:
The accompanying text amendment to LOR Section 4.3.3, Senior Housing Facilities requires
facilities to operate under the following criteria:
a) That a sleeping room and separate bathroom facilities shall be provided for an on-site property
manager who is required to remain on the premises overnight.
b) That adult residents may utilize private medical care or personal services while in residence and
may not have a nurse in residence.
c) That no more than two (2) residents shall be housed per unit.
d) That Senior Housing located in any zoning district shall provide outdoor amenities, landscaping,
design features, and yard space to serve the residents. Such features shall be reviewed and
approved concurrent with Conditional Use approval.
e) That the facility shall not provide non-recreational services such as beautician, barber, tailor,
seamstress, sale of convenience goods, and entertainment.
f) That commercial related cooking equipment may be permitted provided such features shall be
reviewed and approved concurrent with the Conditional Use approval. Meals prepared from
these equipments shall only serve the residents.
g) That the facility shall accommodate low to very-low income residents.
The above criteria must be adhered to throughout the operation of the proposed Senior Housing
Facility. The applicant has proposed a parking requirement of one parking space per unit plus one
parking space for an on-site property manager. The proposed code amendment also requires that a
Senior Housing Facility must be located within a 600' radius of a mass transit stop enabling the
residents to utilize public transportation if needed.
As the property will be owned and managed by the CRA and another (as yet unnamed)
governmental or non-profit agency, it is anticipated that the Senior Housing Facility will operate
within the above criteria.
I REVIEW BY OTHERS I
Community Redevelopment Aaencv
At its meeting of April 28, 2005, the CRA Board reviewed and recommended approval of the
proposed rezoning.
Public Notice:
Formal public notice has been provided to property owners within a 500-foot radius of the subject
property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board
meeting.
P&Z Board Staff Report
Rezoning from R-1-A to CF for the La France Hotel (140 NW 4th Avenue)
Page 7
I ASSESS ME NT AND CONCLUSIONS I
The rezoning from R-1-A to CF is consistent with the policies of the Comprehensive Plan and
Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to
Section 2.4.5(0)(5) (Rezoning Findings), that there has been a change in circumstances.
I ALTERNATIVE ACTIONS I
A. Continue with direction.
B. Recommend to the City Commission approval of the rezoning request from R-1-A (Single Family
Residential) to CF (Community Facilities) for the La France Hotel (140 NW 4th Avenue), by
adopting the findings of fact and law contained in the staff report, and finding that the request and
approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for
Rezoning Actions) of the Land Development Regulations.
C. Recommend to the City Commission denial of the rezoning request from R-1-A (Single Family
Residential) to CF (Community Facilities) for the La France Hotel (140 NW 4th Avenue), by
adopting the findings of fact and law contained in the staff report, and finding that the request and
approval thereof is inconsistent with the Comprehensive Plan and does not meets criteria set
forth in Section 2.4.5(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for
Rezoning Actions) of the Land Development Regulations.
I STAFF RECOMMENDATION I
Recommend to the City Commission approval of the rezoning request from R-1-A (Single Family
Residential) to CF (Community Facilities) for the La France Hotel (140 NW 4th Avenue), by
adopting the findings of fact and law contained in the staff report, and finding that the request and
approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of
the Land Development Regulations.
Attachments: Future Land Use Map, Zoning Map, Survey
Report prepared by: Warren Adams, Historic Preservation Planner
U: C.MO{~~
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211 Friday, JIJIe 10, 2005- Boca l!atorIIDéII3.y Beach News · www1Jocanews.com
--
-[]!Ð- -[]!Ð-
LEGAL NOTICES LEGAL NOTICES
APn:MJIX 'A. t'HUVIUIM:i A ::iAVIM:i OF lHE CITY Of DELRAY BEACH
CLAUSE. A GENERAl REPEALER
CLAUSë. AND AN EFfECTM DAlE. R.DIIIDA, BY AMENDING APPENDIX
"A", "DEflNmDNS", f1f REPEALING
OIIIIIIWIŒ NO. 410115 THE DEFlNmON OF "RESTAURANT"
IN ITS ENTIRElY AND ENACTING A
AN DRDINANCE OF THE CITY COM- NEW DERNITION FOR "RESTAUIWIT
MISSION DF THE CITY Of OEI.RAY !:8ONA RDE)": PIIOVIDlNG A SAVING
100 BEACH. AMENDING CHAPTER 100, lAUSE. A GENERAl REPEAlER f
"NUISANCES". OF lHE COOE OF CLAUSë. AND AN EFFECTlVE DATI: j
ANNOUNCEMENTS ORDINANCES OF lHE CITY OF DEL- Please be advised that a a person
RAY BEACH. R.ORtDA, BY AMEND-
-[]!Ð- ING SECnON 100.01. "EXIS1ÐICE OF decides to appeal any decision made
WEEDS. TRASH AND VEGETATION Dy \he City Commossion WIth respect to
UPON lANDS PROHIBI1E.D". TO PRD- any maJ\øf consicIenId at Ihøse hear-
LEGAL NOTICES VIDE THAT VEGETATION OR TREES JtIS. such person may need to ensure
WHICH INTERfERE WITH TRAffIC lI1otavort>alrn""",nI_the1eS-
FLOW. SAFETY 011 UTILITIES ARE A = and evidence upon which the"
Çfß UP" DBIIIT lUCK, fw.M NUISANCé AND TO PROVIDE FOR IS to be based The CIIy does
II011CIOFPUIUC_ ENFORCEMENT. f1f AMENDING SEC- no! pr<Mde nor prepare such record
TlON 100 02. "LANDS TO BE KEPT PursuanttoFS 286.0105
A PUBlIC HEARING will be held on II1e fREE OF DEBRIS, VEGETATION ANO
=~~~~ THE LIKE", TO READ "HURRICANES, CITY Of DELRAY BEACH
lANDS TO BE KEPT FREE OF DEBRIS, ChevoIle D Nub..
at any contrIuabOn of such .-no VEGETATION AND THE LIKE", TO ADO City Clerk
=~~Ji~~ A DUTY TO CORRECT AND INSÆCT
AND TO ADD UTIUTlES AS A HAZ- PUBLISH. friday, June 10. 2005
1st Avenue. Delray Beach. Ronda, at ARD. BY REPEALING SECTION Boca RatonlDelray Beact1 News
wt1ICh bme the City Commossion WIll 100 20. "INSPECTION Of lANOS TO Ad #122501
COfISIder 1hetr adOjJbo/1 The proposed DETERMINE VIOLATION". BY
ordinances may be IIISpected at 1I1e AMENDING SECTION 100 21.
OffICe of 1I1e CIty Clerk at City Hall, 100 "NOTICé Of VIOlATION REQUIRED".
N W 1st Avenue. Defray Bea:h. Ron- TO READ. "NOTICE Of VIOlATION
do. between the hoors oIB 00 a m and REQUIRED. ABATEMENT AND AI. TI:R-
5 00 pm. Monday 1I1rough FrIIay. NATIVE ENFDIICEMEI'IT". TO PRO-
except holidays All ..10,_ partIeS VIDE ALTERNATI: ENFORCEMENï
are InVIted to attend and be heard with PROCEDURES. BY AMENDING SEC-
respect In \toe proposed ordinances TlON 100 22. "CONTENT AND FORM
OF NOTICE' TO CLARIFY NOTICE
ORÐtIWlCE NO. 3IHI5 REQUIREMENTS, BY AMENDING
SECTION 100 23. "NOTICE OF
AN OROINANCE OF THE CITY COM- RECURRING NUISANCE REQUIRED:
MISSION Of lHE CITY OF OEI.RA Y CONTENT ANO FORM". BY ENACTING
8EpGH. FLORIDA. REZONING AND A NEW SECTION (A) TO PROVIOE FOR
PlA:ING lAND PRESENTlY ZONEO NO NOTICE FOR RECURRING NUI-
~IÄl~DI~~ IJr~b~\;=~: SANCES THAT OCCUR WllHlN A 12
MONTH PERIOO, RELETTERING!
TY FACILITIES) OISTRICT. SAlO lAND RENUMBERING ANO DELETiNG
BEING A PARCEL LOCATED ON THE DUPUCATIVE NDTlCE PROVISIONS.
WEST SlOE OF NW 4TH AVENUE. ~~gEs~eg=OOJ~~èu~
APPROXlMATI:L Y 80 FEET SOUTH OF
MARTIN WfHEA KING JR DRIVE RING PUBLIC NUISANCE PURSUED
W~~RL ¢VE:idR~EtJID~i:tm- UNOER THE COOE ENFORCEMENT
PROCESS SHALL BE ISSUEO ¡r
AMENOING "ZONING MAP Of DEL: ACCORDANCE WITH lAW. BY I
RAY BEACH, FLORIDA. APRIL 2005" AMENDING SECTION 10026.
PROVIOING A GENERAl REPEALER "ASSESSMENT Of COSTS. INTEREST
ClAUSE. A SAVING ClAUSE. AND AN AWO ATTORNEY'S ÆES UENS" TO
EffECTIVE DATE REMOVE THE REFERENCE TO THE
lAWS OF FLDIIIDA. BY AMENDING
ORDIIWICE 110. 38-OS SECTION 100 27. "ENFORCEMENT OF
ASSESSMENT. PRIORITY Of UEN"
\II DllDlNANCE Of THE CITY OOM- TO CLARIFY THE ENFORCEMENT
r~ISSlON OF THE CITY OF OEI.RAY PERMITTED. AND TO PROVIOE
dEACH, FLORIDA. AMENDING THE GRAMMATICAl CHANGES TO ALL
lAND DEVELOPMENT REGUlATIONS - SECTIONS, PROVIDING A SAVING
OF lHE CITY OF DELRAY BEACH CLAUSE. A GENERAL REPEAlER
R.ORlDA, f1f AMENDING APPENDO< CLAUSE. AND AN EffECTIVE DATI:
"A" "DEANmDNS" f1f ENACTING A
NEW DEFINITION' FOR "LOWEST ORDINANCE NO. 42-85
FLOOR" AND AMENDING SECnON
4 5 3. "R.ODD DAMAGE CONTROL AN ORDINANCE OF lHE CITY COM-
DISTRICTS". IN ORDER TO INClUDE MISSION Of THE CITY OF DELRAY
A REFERENCE TO THE OEFINmON OF BEACH. FLDIIIDA, AMENDING lHE
"LOWEST FLOOR" AS PROVIDED IN LAND DEVElOPMENT REGUlATIDNS
5.
· ~
I CITY COMMISSION DOCUMENTATION I
TO:
THRU:
FROM:
SUBJECT: MEETING OF JUNE 21, 2005
CONDITIONAL USE REQUEST TO ALLOW A SENIOR HOUSING FACILITY AT
THE LA FRANCE HOTEL LOCATED ON THE WEST SIDE OF NW 4TH AVENUE
BETWEEN NW 1 ST STREET AND MARTIN LUTHER KING JR. DRIVE (NW 2ND
STREET).
I BACKGROUND I
The property contains the 4,028 square foot La France Hotel which is currently used as a 16-
room boarding house with two (2) full bathrooms on each floor. The two-story, concrete block
structure was built in 1947 in the Masonry Vernacular style and is considered a contributing
building within the West Settlers Historic District. It is recognized as the area's first hotel and,
in the 1950's, was one of the few lodgings in South Florida that offered accommodation for
blacks during a time when they were not permitted in white-owned hotels.
The applicant (Community Redevelopment Agency) is proposing to alter the extant historic
building and construct a 3,850 square foot two-story addition to provide a Senior Housing
Facility which will offer affordable housing units for residents of 60 years and older. Upon
completion, the Senior Housing Facility will contain 14 units, each of which will have a kitchen
and bathroom. There is a need for affordable housing for the senior residents of Delray
Beach who cannot afford market rate housing at their current income level. The Delray
Beach Community Redevelopment Agency (C.R.A.) recently purchased the property and has
made a commitment to the community to preserve the historic structure and adapt it for re-
use as a Senior Housing Facility.
I PLANNING AND ZONING BOARD CONSIDERATION I
The Planning and Zoning Board held a public hearing on the proposed conditional use at its
meeting of May 23, 2005. The Board recommended approval of the conditional use by a vote of 4
to 0, based upon positive findings with respect to Chapter 3 (Performance Standards) and
Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the
Goals and Objectives of the Comprehensive Plan.
I RECOMMENDED ACTION I
Approve the request for Conditional Use approval to allow a Senior Housing facility within the CF
(Community Facilities) zoning district, based upon the findings and recommendation of the
Planning and Zoning Board.
Attachments: P&Z Board Staff Report of May 23, 2005
\D~<L
/ . ) )
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE: May 23, 2005
AGENDA ITEM: IV.C.
ITEM: Conditional Use Request to Allow the Establishment of a Senior Housing
Development Which Includes the Conversion of the La France Hotel, an Existing
Boarding House to Accommodate Eight (8) Efficiency Units and the Construction of
a New Two-Story Building Accommodating Six 1-Bedroom Units, Located on the
West Side of NW 4th Avenue, Approximately 80 Feet South of Martin Luther King Jr.
Drive (NW 2nd Street). .
I ,
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GENERAL DATA: I I --: 1 >-- ~ I
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Owner/Applicant......................... Delray Beach CRA f-.-- - == =
Location..............._................_..... ~~~;dA:~~:.~~s~~~~ ~W ø 111111 ~ ~ =¥ I
1 st Street and Martin Luther NARIIH lUJH(R ~ KING.R DRI""- '--
Property Size........_........_._....._.... ~~~~ :~~:ve (NW 2nd Street) ~Ii 1 J "
Future Land Use Map................ LD (Low Density) '-- -
Current Zoning....._...................... R-1-A (Single Family
Residential ~ç ~ " I
Pr~posed Zo~ing....._...__h_.......... CF (Community Facilities) == I I T Z I
Adjacent Zomng................North: R-1-A NW. ... T =I I¡¡Sf ~
East: R-1-A ....--J 3- :
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South: R-1-A _ ~ -:r=:
West: CBO FIRE ZI-- "~
Existing Land Use......"............... Hotel SfAIWH - aìîîîiî\ [;
Proposed L!3nd Use.................... Sen!or Housin~ Facility U '-- U:: :~A':iM
Water Servtce................._........... Available on site NO_ ,
Séwer Service............................. Available on site A T LAN. TIC A V E HUE
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The item before the Board is the forwarding of a recommendation to the City
Commission on a request for conditional use approval to establish a Senior Housing
Facility, pursuant to Land Development Regulations (LOR) Section 2.4.5(E).
The subject property is located on the west side of NW 4th Avenue, between NW 1st
Street and Martin Luther King Jr. Dñve (NW 2nd Street) and is zoned Single Family
Residential (R-1-A). Applications have been submitted to the Board to request a
rezoning from R-1-A to CF (Community Facilities) and for a text amendment to LOR
Sections 4.3.3 and 4.4.21 to allow Senior Housing as a conditional use within the CF
zoning district.
-'~""""'j ':\ J~<~S\~ry!r"'l'i~~ ' 0 ~"_~.~ , THO r S
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The property contains the 4,028 square foot La France Hotel which is currently used as
a 16-room boarding house with two (2) full bathrooms on each floor. The two-story,
concrete block structure was built in 1947 in the Masonry Vernacular style and is
considered a contñbuting building within the West Settlers Historic District. It is
recognized as the area's first hotel and, in the 1950's, was one of the few lodgings in
South Florida that offered accommodation for blacks during a time when they were not
permitted in white-owned hotels.
The applicant (Community Redevelopment Agency) is proposing to alter the extant
historic building and construct a 3,850 square foot two-story addition to provide a Senior
Housing Facility which will offer affordable housing units for residents of 60 years and
older. Upon completion, the Senior Housing Facility will contain 14 units, each of which
will have a kitchen and bathroom. There is a need for affordable housing for the senior
residents of Delray Beach who cannot afford market rate housing at their current
income level. The Delray Beach Community Redevelopment Agency (C.RA.) recently
purchased the property and has made a commitment to the community to preserve the
historic structure and adapt it for re-use as a Senior Housing Facility.
-=
The proposed conditional use is now before the Board for action.
". ":11' rillJ."Jt--;'1IXm'Ø!<-;: ------:0:-.- .:~ .-- -- ·M~,.·..,,~ I
I. . ................; ...... ~.. ~~ .:.... " ...1 ~ ..~JS ~..:; :~I.. ~!~,;:.:..!I! ".'1... a· .""~ -A~,..:;..?·I:o:.
REQUIRED FINDINGS (Chapter Three):
-- Pursuant to LDR 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 following four areas.
'PI' . S ~ ~
annlng and ZOning Board tafl ,Jort
la France Hotel- Conditional Use Request for a Senior Housing Facility
Page 2
FUTURE LAND USE MAP: The use or structures must be allowed in the zon&
district and the zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map (FLUM) designation of LD (Low
Density 0-5 du/acre) and a current zoning designation of Single Family Residential (R-
1-A). An application to re~one the property to Community Facilities (CF) has been --
submitted and, if approved, will be consistent with the LD FLUM designation as the CF
district is deemed compatible with all land use designations shown on the Future Land
Use Map. An application for a text amendment to LDR Sections 4.3.3 and 4.4.21 has
also been submitted which, if approved, will allow Senior Housing Facilities as a
conditional use. As discussed later in this report, positive findings can be made with
respect to these criteria; thus positive findings can be made with respect to FLUM
consistency.
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_ conversion of the existing La France Hotel to a Senior Housing Facility will have
minimal impact on the levels of service for Water and Sewer, Streets and Traffic, Parks
and Recreation, Solid Waste, Drainage, or Schools. The proposed Senior Housing
Facility is a residential use. However, since the facility will replace 16 units with 14 units
(i.e. creation of no new units), no additional park impact fees ($500) will be required.
The conversion from 16 hotel units to 14 senior housing facility units represents a
significant reduction not only in daily trip generation but also in both pm and am peak
hours. Based upon the above, a positive finding can be made with regard to this level of
service standard concerning the proposed conditional use request.
CONSISTENCY: Compliance with peñormance standards set forth in Chapter
Three and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use
request shall be the basis upc;m which a finding of overall consistency is to be
made. Other_ objectives and policies found in the adopted Comprehensive Plan
- .
may be used in making a finding of overall consistency.
A review of the Objectives and Policies of the adopted Comprehensive Plan was
conducted and the following Objectives and Goals were found:
Future Land Use Objective A-1: Property shall be developed or redeveloped, in a
manner so that the future use and intensity is appropriate in terms of soil,
topographic, and other applicable physical considerations; is complementary to
adjacent land uses; and fulfills remaining land us~ needs.
There is a need for affordable housing for the citizens of Delray Beach, particularly the
senior residents, and the increase in their population number, who cannot afford market
rate housing at their income level. The rezoning and provision of a Sènior Housing
\
I
Planning and Zoning Board S .¿port
La France Hotel - Conditional Use Request for a Senior Housing Facility
Page 3
Facility will address this need for affordabJe housing. The location of the project is ideal
for senior residents as it is in a quiet residential neighborhood and within walking
distance to services such as mass transit, commercial, cultured, recreational, and public
facilities. The La France Hotel is a contributing historic building in the West Settlers
Historic District and the conversion to Senior Housing will ensure its continued use and
repair.
Future Land Use Objective A-2: To reduce, and eventually eliminate, uses which
are inconsistent with the character of the City of Delray Beach, or which are
inconsistent with predominant adjacent land uses, and to insure compatibility of
future development.
The boarding house is a non-conforming use with respect to the property's R-1-A
zoning and the LD Future land Use Map designation. Further, since boarding houses
are not permitted within the City, the adaptive reuse of the property for a Senior
Housing Facility is a conditional use under the CF zoning district will bring the use into
conformance.
Future Land Use Objective A-4: The redevelopment of land and buildings shall
provide for the preservation of historic resources.
The extant historic building is a contributing structure within the West Settlers Historic
District and the current proposal is for the adaptive reuse of the building as a Senior
Housing Facility. The most appropriate use for a building is the use for which it was first
built; however, this is not always an affordable or sustainable option. When a new use
has to be found for a historic building, the new use should be both appropriate and
sustainable. In this case, if the conditional use application is approved, the building will
continue to be used as an accommodation facility and only minor internal alterations of
the extant historic building will be required. As there is a need for this form of housing
and the proposal has the backing of a government agency, it is anticipated that the
proposed use will be sustainable, ensuring the future protection and maintenance of the
historic struct~re. The proposal, therefore, can be regarded as an appropriate and
sustainable new use for the former La France Hotel.
~
Future Land Use Goal Area C: Blighted areas of the City shall be redeveloped and
renewed and shall be the major contributing areas to the renaissance of De/ray
Beach.
Approving the conditional use application will facilitate the repair and alteration of an
..- extant historic building within the West Settlers Historic District. The entire site will be
brought up to code with respect to parking, landscapfng, drainage, and building
components, and the streetscape of the neigh~orhood will be enhanced. On
completion, the structure will contain a sustainable use which will ensure the structure's
ongoing repair and upkeep. The aesthetic and structural improvements to the site may
also be a catalyst for other property owners to enhance their properties, and the
,
Planning and Zoning Board Stat: ...ort \~
la France Hotel- Conditional Use Request for a Senior Housing Facility
Page 4
accommodations for senior housing will enrich the social and cultural fabric of the.
community.
Housina Objective B-2: Redevelopment and the development of new land shall
result in the provision of a variety of housing types which shall continue to
accommodate the diverse makeup of the City's demographic profile. ~
~ There is a growing need for affordable housing particularly for the senior residents of
Delray Beach. Approval of the conditional use application would allow the property to be
used as a Senior Housing Facility which will address this challenge of providing
affordable housing for citizens of 60 years of age and older.
LDR SECTION 2.4.5(E) - REQUIRED FINDINGS:
Pursuant to LDR Section 2.4.5(E) (5), in addition to provisions of Chapter Three,
the City Commission must make findings that establishing the conditional use
will not:
(a) Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
(b) Hinder development or redevelopment of nearby properties.
The following table identifies the zoning designations and uses that are adjacent to the
subject property:
Zoninç¡: _ Use:
North Single-Family Residential (R-1-A) Single-Family Dwellings
South 'Single-F amily Residential (R-1-A) Single-Family Dwellings
East Single-Family Residential (R-1-A) Single-Family Dwellings
West Central Business D_i~trict (CBD) Multiple-Family Dwellings
Commercial
-=
The proposed Senior Housing Facility will provide affordable residential
accommodations. Therefore, there will be no impacts on adjacent properties which are
residential and commercial in use. The proposed use will not hinder development or
redevelopment of nearby properties. Based on the above, a positive finding can be
made with regard to criteria listed in LDR Section 2.4.5(E)(5).
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
A text amendment and conditional use application for this property are under separate
agenda items. The proposed text amendment will allow Senior Housing Facilities within
the CF district as a conditional use. The proposed text includes the following operating
criteria for Senior Housing Facilities:
Planning and Zoning Board SI ..port
La France Hotel - Conditional Use Request for a Senior Housing Facility
Page 5
LDR Section 4.3.3 - Senior Housing:
The accompanying text amendment to LOR Section 4.3.3, Senior Housing Facilities
requires facilities to operate under the following criteria:
a) That a sleeping room and separate bathroom facilities shalf be provided for an
on-site property manager who is required to remain on the premises overnight.
b) That adult residents may utilize private medical care or personal services while in
residence and may not have a nurse in residence.
c) That no more than two (2) residents shall be housed per unit.
d) That Senior Housing located in any zoning district shall provide outdoor
amenities, landscaping, design features, and yard space to serve the residents.
Such features shall be reviewed and approved concurrent with Conditional Use
approval.
e) That the facility shall not provide non-recreational services suèh as beautician,
barber, tailor, seamstress, sale of convenience goods, and entertainment.
f) That commercial related cooking equipment may be permitted provided such
features shall be reviewed and approved concurrent with the Conditional Use
approval. Meals prepared from these equipments shall only serve the residents.
g) That the facility shall accommodate low to very-low income residents.
The above criteria must be adhered to throughout the operation of the proposed Senior
Housing Facility. The applicant has proposed a parking requirement of one parking
space per unit plus one parking space for an on-site property manager. The proposed
code amendment also requires that a Senior Housing Facility must be located within a
600' radius of ~ mass transit stop enabling the residents to utilize public transportation if
needed.
. As the property will be owned and managed by the CRA and/or another non-profit
agency such as the Delray Beach Housing Authority or the Community Land Trust, it is
anticipated that the Senior Housing Facility will operate within the above criteria
~ . -~"-~ ~~_"~~-~~'~~,--~~,'~~~~~.~', ;~.: ~=Lf1~f:.~:[~\T~i:':;::0~7§Ì;i -~~=~=-~~~~" -~~.=:~.'~~.~_.~
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Community Redevelopment Agency
At its meeting of April 28,2005, the CRA Board reviewed and recommended approval
of the proposed conditional use.
---,
Planning and Zoning Board Staf\ ,JOrt
la France Hotel- Conditional Use Request for a Senior Housing Facility
Page 6
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of support or objection. if any, will be presented at the
Planning and Zoning Board meeting. --
,
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The proposed establishment of a Senior Housing Facility at the La France Hotel will not
generate nuisances to the surrounding properties. Therefore, positive findings can be
made with LDR Section 2.4.5(E)(5) regarding the compatibility of the proposed
development with the surrounding properties. Further. the use is consistent with the
Objectives and Policies of the Comprehensive Plan as well as Chapter Three and LDR
Section 4.3.3 of the Land Development Regulations.
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A. Continue with direction.
S. Move a recommendation of approval of the conditional use reque~t to allow for the
establishment of a Senior Housing Facility at the La France Hotel (140 NW 4th
Avenue), by adopting the findings of fact and law contained in the staff report, and
finding that the request is consistent with the Comprehensive Plan and meets
criteria set forth in Sections 2.4.5(E)(5), 4.3.3, and Chapter Three of the Land
Development Regulations.
C. Move a recommendation of denial of the conditional use request to allow for the
establishment of a Senior Housing Facility at the La France Hotel (140 NW 4th
Avenue), 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 criteria set forth in Sections,2.4.5(E)(5), 4.3.3, and Chapter Three of the Land
Development Regulations.
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Move a recommendation of approval of the conditional use request to allow for the
establishment of a Senior Housing Facility at the La France Hotel (140 NW 4th
Avenue), by adopting the findings of fact and law contained in the staff report, and
finding that the request is consistent with the Comprehensive Plan and meets criteria
set forth, in Sections 2.4.5(E)(5), 4.3.3, and Chapter Three of the Land Development
Regulations.
Attachments: Current and Future Land Use Maps and Floor Plans
Report Prepared by: Warren Adams. Historic Preservation Planner
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