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Ord 33-01ORDINANCE NO. 33-01 AN ORDINANCE OF THE crrY COMMISSION OF THE CITY OF DEI. tLRY BEACI-I, FLORIDA, MODIFYING THE ODMMUN1TY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH; FINDING THAT THE MODIFICATIONS CONFORM TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATIONS ARE CONSISTENT WiTH THE CITY OF DELRAY BEACt~S COMPREHENSIVE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTES SECTION 163.360(6)(7); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, by Ordinance No. 46- 85, adopted June 18, 1985, did create a Community Redevelopment Agency as provided in Florida Statutes Section 163.356; and WHEKEAS, on December 23, 1986, the Board of County Commissioners of Palm Beach County passed and adopted Resolution No. R-86-2003 delegating the exerdse of the powers conferred upon the County by Chapter 163, Part 3, Florida Statutes, within the boundaries of the City of Delray Beach to the governing body of the City of Dekay Beach completely and without limitation; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has heretofore approved a Community Redevelopment Plan on September 9, 1986, by Resolution No. 49-86 as subsequently amended on November 24, 1987, by Resolution No. 47-87, and as further ratified and amended on February 14, 1989, by Resolution No. 6-89, and as further ratified and amended on September 25, 1990, by Resolution No. 86-90; and as further ratified and amended on April 9, 1991, by Resolution No. 28-91; and as further ratified and amended on November 26, 1991, by Resolution No. 93-91; and as further ratified and amended on May 26, 1992, by Ordinance No. 17-92; and as further ratified and amended on December 1, 1992, by Ordinance No. 60-92; and as further ratified and amended on February 22, 1994, by Ordinance No. 5-94; and as further ratified and amended on September 5, 1995, by Ordinance No. 48-95; and as further ratified and amended on March 5, 1996, by Ordinance No. 8-96; and as further ratified and amended on February 3, 1998 by Ordinance No. 2-98 and Resolution No. 11-98; as further ratified and amended on November 7, 2000 by Resolution No. 94-00; and WHEREAS, the Community Redevdopment Agency of the City of Delray Beach, Florida, hereinafter referred to as the "CRA", has heretofore adopted a Community Redevelopment Plan; and WHEREAS, the CRA is desirous of modifying said Plan to account for certain changes which have occurred since the last amendment of the Plan, to account for modification or completion of project components, and to provide for the addition of a new program to the Plan; and WHEREAS, the CRA of the City of Delray Beach has recommended to the City Commission of the City of Delray Beach, Florida, that the Community Redevelopment Plan be modified, amended and ratified in the form attached hereto as Exhibit "A"; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications conform to the Community Redevelopment Act of 1969, as amended; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications are consistent with the City of Delray Beach's Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications meet the applicable requirements of Section 163.360(6)(7), Florida Statutes; and WHEREAS, the City Commission shall hold a public hearing on said modifications to the Plan, after public notice is given in conformance with the requirements of Chapter 163, Part 3, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the preamble stated above is hereby incorporated by reference herein, as findings of fact upon which this ordinance is based. Section 2. That the Community Redevelopment Plan for the City of Delray Beach be, and the same is hereby modified, amended and ratified in the form attached hereto as Exhibit "A" and made a part hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That if any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circtttnstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and 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. day o~® AND ADOPTED in regular session on second and final reading on this the ¢.,.//~ ,2001. ~_~. -~~ [4....},, ~~ Acting City Clerk First Reading .5'//~/Ol Second Reading .:5"//..5/~ / MAYOR ORD NO. 33-01 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ]~9 ~ - REGULAR MEETING OF MAY 15~ 2001 ORDINANCE NO. 33-01 (ADOPTION OF COMMUNITY REDEVELOPMENT PLAN AMENDMENT) DATE: MAY 11, 2001 This is second reading and public hearing for Ordinance No. 33-01 which adopts the amended Community Redevelopment Plan based on positive findings with respect to consistency with the Goals, Objectives and Policies of the Comprehensive Plan, subject to the following condition: The Comprehensive Plan be amended to include partidpation in funding the development of public/private parking lots within the Pineapple Grove Main Street area or the reference to said funding in the CRA Plan be deleted. These proposed amendments are intended to update the background and status of the agency's programs; update property acquisition maps; and, include language that addresses the additional responsibilities given to WARC (West Atlantic Redevelopment Coalition). A list of the major changes can be found in the attached Planning & Zoning Board Staff report. At the first reading on May 1~, Commission voted 5-0 to approve Ordinance No. 33-01. Recommend approval of Ordinance No. 33-01 on second and final reading. R~ef~gmemo21.Ord 33-01.CRAPlanAmendmentFinal.05.15.01 TO: THRU: FROM: SUBJECT: GA~f~~TY MANAGER OR,lNG, Dlli~CTOR OF PLANNING & ZONING ~ER MEETING OF MAY 1, 2001 ADOPTION OF COMMUNITY REDEVELOPMENT PLAN AMENDMENT The Community Redevelopment Plan establishes the projects and programs to be undertaken by the CRA in the coming years. The original Redevelopment Plan was adopted in 1986, and was substantially revised in 1992. Subsequent amendments have been processed by CRA staff, with the latest plan adopted by the City Commission in February 1998. The proposed amendments are intended to update the background and status of the agency's programs; update property acquisition maps; and, include language that addresses the additional responsibilities given to WARC (West Atlantic Redevelopment Coalition). A list of the major changes can be found in the attached Planning & Zoning Board Staff report. The Plan is consistent with the Future Land Use Map and does not require any Future Land Use Map changes to implement its programs. While many of the CRA's projects involve staff or financial participation by the City, including the Downtown Business Area Plan and the Seacrest/Del-lda Park Neighborhood Improvement Program, applicable Policies are included within the Comprehensive Plan for City participation in these programs. Therefore, a positive finding can be made with respect to consistency with the Goals, Objectives and Policies of the Comprehensive Plan. In terms of the new commitments to financing of particular projects and programs, the amendment adds the City as a funding source for Program #2.9, "Pineapple Grove Main Street Program" to participate in funding the development of public/private parking lots. This commitment has not yet been made by the City and the item is not included in the City's Comprehensive Plan. If the City does desire to participate in this program, an amendment to the Comprehensive Plan must be made. This has been included as a condition of approval. I~,:' '~'PL'ANNiNG ~'AND The Planning and Zoning Board held a public hearing on the proposed Plan at its meeting of April 16, 2001. Diane Dominguez, CRA Executive Director, commented that the Plan amendment needed to be approved in order to implement CRA programs. No residents spoke on the item. The Board recommended approval of the rezoning by a vote of 7 to 0. C'ity Commission Documentation Community Redevelopment Plan Amendment Page 2 By motion, approve the ordinance on first reading and set a public hearing date of May 15, 2001 for adoption of the amended Community Redevelopment Plan based on positive findings with respect consistency with the Goals, Objectives and Policies of the Comprehensive Plan, subject to the following condition: · The Comprehensive Plan be amended to include participation in funding the development of public/private parking lots within the Pineapple Grove Main Street area or the reference to said funding in the CRA Plan be deleted. Attachments: · P&Z Board Staff Report of April 16, 2001 · Ordinance s:\plannin.q & zonin,q\boards\ciW commission\cra plan amendment 2001 .doc ORDINANCE NO. 33-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH; FINDING THAT THE MODIFICATIONS CONFORM TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATIONS ARE CONSISTENT WITH THE CITY OF DELRAY BEACI-rS COMPREHENSIVE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTES SECTION 163.360(6)(7); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, by Ordinance No. 46-85, adopted June 18, 1985, did create a Community Redevelopment Agency as provided in Florida Statutes Section 163.356; and WHRREAS, on December 23, 1986, the Board of County Commissioners of Palm Beach County passed and adopted Resolution No. R-86-2003 delegating the exerdse of the powers conferred upon the County by Chapter 163, Part 3, Florida Statutes, within the boundaries of the City of Delray Beach to the governing body of the City of Delray Beach completely and without limitation; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has heretofore approved a Community Redevelopment Plan on September 9, 1986, by Resolution No. 49-86 as subsequently amended on November 24, 1987, by Resolution No. 47-87, and as further ratified and amended on February 14, 1989, by Resolution No. 6-89, and as further ratified and amended on September 25, 1990, by Resolution No. 86-90; and as further ratified and amended on April 9, 1991, by Resolution No. 28-91; and as further ratified and amended on November 26, 1991, by Resolution No. 93-91; and as further ratified and amended on May 26, 1992, by Ordinance No. 17-92; and as further ratified and amended on December 1, 1992, by Ordinance No. 60-92; and as further ratified and amended on February 22, 1994, by Ordinance No. 5-94; and as further ratified and amended on September 5, 1995, by Ordinance No. 48-95; and as further ratified and amended on March 5, 1996, by Ordinance No. 8-96; and as further ratified and amended on February 3, 1998 by Ordinance No. 2-98 and Resolution No. 11-98; as further ratified and amended on November 7, 2000 by Resolution No. 94-00; and WHEREAS, the Community Redevelopment Agency of the City of Delray Beach, Florida, hereinafter referred to as the "CRA", has heretofore adopted a Community Redevelopment Plan; and WHEREAS, the CRA is desirous of modifi/ing said Plan to account for certain changes which have occurred since the last amendment of the Plan, to account for modification or completion of project components, and to provide for the addition of a new program to the Plan; and WHEREAS, the CRA of the City of Delray Beach has recommended to the City Commission of the City of Delray Beach, Florida, that the Community Redevelopment Plan be modified, amended and ratified in the form attached hereto as Exhibit "A"; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications conform to the Community Redevelopment Act of 1969, as amended; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications are consistent with the City of Delray Beach's Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications meet the applicable requirements of Section 163.360(6)(7), Florida Statutes; and WHEREAS, the City Commission shall hold a public hearing on said modifications to the Plan, after public notice is given in conformance with the requirements of Chapter 163, Part 3, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the preamble stated above is hereby incorporated by reference herein, as findings of fact upon which this ordinance is based. Section 2. That the Community Redevelopment Plan for the City of Delray Beach be, and the same is hereby modified, amended and ratified in the form attached hereto as Exhibit "A" and made a part hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That if any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and 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. ATFEST: MAYOR Acting City Clerk First Reading Second Reading PLANNING AND ZONING BOARD MEMORANDUM~STAFF REPORT MEETING OF: AGENDA ITEM: APRIL 16, 2001 VI.A. RECOMMENDATION TO THE CITY COMMISSION REGARDING PROPOSED AMENDMENTS TO THE CRA 'S COMMUNITY REDEVELOPMENT PLAN ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding proposed amendments to the Community Redevelopment Agency's (CRA) Community Redevelopment Plan. .BACKGROUND The Community Redevelopment Plan establishes the projects and programs to be undertaken by the CRA in the coming years. The original Redevelopment Plan was adopted in 1986, and was substantially revised in 1992. Subsequent amendments have been processed by CRA staff, with the latest plan adopted by the City Commission in February 1998. The amendments that are currently being proposed will be presented to the Commission for adoption in May. ANALYSIS As indicated in the attached Letter to Planning & Zoning Director, Paul Doffing from CRA Director Diane Dominguez, the amendments are intended to update the background and status of the agency's programs; update property acquisition maps; and, include language that addresses the additional responsibilities given to WARC (West Atlantic Redevelopment Coalition). The amended plan proposes the following changes. For specific information and details of the proposed changes, please refer to the attached plan. Amendments to the "Existing Conditions" section to update the City's Residential Neighborhood Categorization information and the descriptions for each of the eight geographic sub-areas within the Community Redevelopment Area. Amendments to the "Analysis" section to update information related to the problems, needs and opportunities within the CRA's geographic sub-areas, and to update market information. Amendments to the "Redevelopment Program" section to update the background and status of each of the CRA's programs. Major program changes include the following: · Program #1.3 "CBD Development Plan" was changed to the "Downtown Business Area Plan". The program was amended to include the West Planning and Zoning Board Memorandum Staff Report Amendments to the Community Redevelopment Plan Page 2 Atlantic Avenue area in the study and to add information related to the MacArthur Foundation grant. Program #1.5, "Del-Ida Park and Seacrest Neighborhood Improvement Plan" was deleted since the plan is complete. Program #2.19, "Seacrest/Del-lda Park Neighborhood Improvement', was added to implement the plan. Program #2.1, "Peach Umbrella Plaza" was changed to "NW & SW 5th Avenue Redevelopment" to reflect changed conditions and to shift focus to improving the NW/SW 5th Avenue business corridor. Program #2.4, "Downtown Mixed Use Redevelopment Project' was updated to include information related to Grove Square redevelopment and the Block 77 project (Worthing Place). Program #2.9, "Pineapple Grove Main Street Program", was amended to add a property acquisition component to accelerate redevelopment and to provide off-street parking. Program #2.13, "Mount Olive Redevelopment' was changed to "Blocks 28 & 36 Redevelopment', to reflect a change in focus and to include information related to the proposed Atlantic Grove Project. Deletion of three programs for blocks in the West Atlantic Avenue Redevelopment Area, #2.18, "Block 13 Redevelopment', #2.20, "Block 12 Redevelopment' and #2.21, "SW 8t'/9th Avenue Redevelopment'. These programs were incorporated into Program #2.16, "West Atlantic Avenue Redevelopment." Program #2.20, "Downtown Industrial Area Redevelopment' was added to improve the industrial area around the FEC Rail corridor. Financial information was updated including the 5-Year Revenue and Expense Projections Table and the Five -Year Redevelopment Program and Funding Allocations Table. Amendments to the Goals, Objectives and Policies" section to strengthen the focus on housing. Updates to the property acquisition maps in "Appendix D" which reflect changed conditions and new redevelopment strategies. The CRA Plan as amended is consistent with the Future Land Use Map and does not require any Future Land Use Map changes to implement its programs. While many of the CRA's projects involve staff or financial participation by the City, including the Downtown Business Area Plan and the SeacrestJDel-lda Park Neighborhood Improvement Program, applicable Policies are included within the Comprehensive Plan for City participation in these programs. Therefore, a positive finding can be made with Planning and Zoning Board Memorandum Staff Report Amendments to the Community Redevelopment Plan Page 3 respect to consistency with the Goals, Objectives and Policies of the Comprehensive Plan. In terms of the new commitments to financing of particular projects and programs, the amendment adds the City as a funding source for Program #2.9, "Pineapple Grove Main Street Program" to participate in funding the development of public/private parking lots. This commitment has not yet been made by the City and the item is not included in the City's Comprehensive Plan. If the City does desire to participate in this program, an amendment to the Comprehensive Plan must be made. This has been included as a condition of approval. RECOMMENDED ACTION By motion, recommend to the City Commission adoption of the proposed amendments to the Community Redevelopment Plan based on positive findings with respect consistency with the Goals, Objectives and Policies of the Comprehensive Plan, subject to the following condition: The Comprehensive Plan be amended to include participation in funding the development of public/private parking lots within the Pineapple Grove Main Street area or the reference to said funding in the CRA Plan be deleted. Attachments: Q Letter of April 5, 2001, from Diane Dom~nguez to Paul Dorling CRA Redevelopment Plan Report prepared by: Ron Hoggard, Senior Planner DE LRAY BEACH COI~IMUNITY RED EVELOPI"t ENT AGENCY April 5, 2001 Paul Dorling Planning and Zoning Director 100 NW l't Avenue Delray Beach FL 33444 RE: Amendments to CRA Plan Dear Paul, Enclosed please find eight (8) copies of the proposed amended CRA Plan, which is scheduled for the Planning & Zoning Board meeting of April 16, 2001. A separate copy has been delivered to Ron Hoggard for his review. The amendments are intended to: · Update the background and status of the agency's programs; Update maps to reflect the latest property acquisitions and to identify new priorities for acquisition, particularly as a result of the joint CRA/WARC workshop of May 25, 2000; and Include language that addresses the additional responsibilities given to WARC as outlined in the joint CRA/WARC workshop of November 30, 2000. These responsibilities include: the review and approval of site assistance grants and/or loans for the West Atlantic area; the preparation and implementation of a plan for the NW/SW 5t~ Avenue business corridor;, and the review and approval of charitable donation requests emanating from the West Atlantic area..- I will be in attendance at the meeting to explain the changes and address any questions the Board may have. If you need additional information, please give me a call. Sincerely, DidenceutDiv°2iD~g Uerect~; Al C P c: Ron Hoggard, Senior Planner 104 West Atlantic Avenue · Delmy Beach, Florida 3355~x 561-276-8~0 o Fax 561-276-8558