The URL can be used to link to this page

Ord 53-05 ( ", /\ ORDINANCE NO. 53-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CBD (CENTRAL BUSINESS DISTRICI) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE NORTH AND SOUTH SIDES OF SW 1ST STREET, WEST OF SW 5TH AVENUE, AS MORE PARTICULARLY 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, being zoned CBD (Central Business District) District; and WHEREAS, at its meeting of July 18, 2005, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered tlùs item at a public hearing and voted 6 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 I 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 CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: .. I 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 I r " / ""\ the following described property: Lots 9 & 1 0 Subdivision of the North half of Block 22 Town of Linton (now Delray) according to the Plat thereof as recorded in Plat Book 10 Page 38 of the Public Records of Palm Beach County, Florida. Together With Commencing at the Southeast comer of Block 21 for a point of beginning; thence westerly a distance of 135 feet; thence northerly 100 feet; thence easterly a distance of 135 feet; thence southerly a distance of 100 feet to the point of beginning, being ill the Town of Delray Beach, formerly Linton, according to the Plat now on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 1, Page 3 Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of tlús 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 inunediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the J..lti:. day of IP\ ~ )~+ , 200.5.. ATTEST ~y~þ- '- ~{i)OD./ Acting City Clerk First Reading ~,",,~~5 Second Reading ~ '~ ~()'\~ 2 ORD NO. 53-05 MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CI1Y MANAGER æl1 \ SUBJECT: AGENDA ITEM # \01\ - REGULAR MEETING OF AUGUST 16,2005 ORDINANCE NO. 53-05 DATE: AUGUST 12, 2005 This ordinance is before Commission for second reading and a quasijudicial hearing for a rezoning from CBD (Central Business District) to CF (Community Facilities) for a 0.78 acre parcel of land for Delray Community Missionary Baptist Church, located on the north and south sides of S.W. 151 Street, west of S.W. 5th Avenue. Delray Community Missionary Baptist Church currendy occupies the building, located at 94 S.W. 5th Avenue (northwest comer of S.W. 151 Street and S.W. 5th A venue). In 1989, the church acquired Lot 9 and 10, Block 22 (southwest comer of S.W. 151 Street and S.W. 5th Avenue). An additional parcel (north of the existing church) was purchased in 1997. These parcels are currendy vacant. The subject property has been rezoned several times beginning in 1990 with the City-wide rezonings, from RM-6 (Multiple Family Residential-6 du/ac) to RM (Medium Density Residential). On December 5, 1995, in conjunction with the approval of the West Atlantic Avenue Redevelopment Plan, the Commission passed Ordinance No. 75-95 which rezoned the subject parcels located on the north side of S.W. 1st Street from RM to GC (General Commercial). On January 6, 2005, the Commission approved a change in the zone district from RM to GC for Lots 9 and 10, Block 22, pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan. On October 19, 2004, in conjunction with the adopted Delray Beach Downtown Master Plan, the Commission approved Ordinance No. 31-04 which rezoned the subject site from GC to CBD. The church is proposing to renovate the existing building to accommodate a meeting/fellowship hall and the construction of a 3,500 sq. ft. sanctuary with classrooms and associated parking on the vacant parcels located at the southwest comer of S.W. 1st Street and S.W. 5th Avenue. As the CBD zone district does not allow churches or places of worship, a rezoning application has been submitted by the church to change the zoning designation of the entire church's holdings from CBD to CF. The Planning and Zoning Board held a public hearing at its meeting of July 18, 2005. There was no public testimony regarding the proposed changes. After reviewing the staff report and discussing the proposal, the Board voted 6-0 to recommend to the City Commission approval of the rezoning, 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 the criteria set forth in LDR Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5 (D) (5) (Rezoning Findings). At the first reading on August 2, 2005, the City Commission passed Ordinance No. 53-05. Recommend approval of Ordinance No. 53-05 on second and final reading. S:\City CIerk\agenda memos\Ord 53-05 Delray Conun MIssIonary BaptISt Rezorung 081605 I!IIð ~ "¡z,9 ~ CITY COMMISSION DOCUMENTATION I TO: DAVID T. HARDEN, CITY MANAGE~,t -{lie. THRU: PAUL DORLlNG, DIRECTOR OF PLANNING ANf8z0NING FROM: JASMIN ALLEN, PLANNER lth~'ç¡ O1rJ", SUBJECT: MEETING OF AUGUST 2, 2 05 REZONING FROM CBD (CENTRAL BUSINESS DISTRICT) TO CF (COMMUNITY FACILITIES) FOR DELRAY COMMUNITY MISSIONARY BAPTIST CHURCH, LOCATED ON THE NORTH AND SOUTH SIDES OF SW 1ST STREET, WEST OF SW 5TH AVENUE. ~ BACKGROUND I Delray Community Missionary Baptist Church currently occupies the building, located at 94 SW 5th Avenue (northwest corner of SW 1st Street and SW 5th Avenue). In 1989, the church acquired Lot 9 and 10, Block 22 (southwest corner SW 1st Street and SW 5th Avenue). An additional parcel (north of the existing church) was purchased in 1997. These parcels are currently vacant. The subject property has been rezoned several times beginning in 1990 with the City-wide rezonings, from RM-6 (Multiple Family Residentlal-6 du/ac) to RM (Medium Density Residential) In conjunction with the approval of the West Atlantic Avenue Redevelopment Plan on December 5, 1995, the City Commission passed Ordinance No 75-95 which rezoned the subject parcels located on the north side of SW 1st Street from RM (Medium Density Residential) to GC (General Commercial). On January 6, 2004, the City Commission approved a change In the zone district from RM (Medium Density Residential) to GC (General Commercial) for Lots 9 and 10 Block 22, pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan In conjunction with the adopted Delray Beach Downtown Master Plan, the City Commission on October 19, 2004, approved Ordinance No 31-04 which rezoned the subject site from GC (General Commercial) to CBD (Central Business District) The church is proposing to renovate the existing building to accommodate a meeting/fellowship hall and the construction of a 3,500 sq. ft. sanctuary with classrooms and associated parking on the vacant parcels located at the southwest corner of SW 1st Street and SW 5th Avenue As the CBD zone district does not allow churches or places of worship a rezoning application has been submitted by the Church to change the zoning designation of the entire church's holdings from CBD (Central Business District) to CF (Community Facilities). Positive findings can be made with respect to Sections 3.1.1, 3 2.2, and 2 4 5(D) of the Land Development Regulations. Additional background and an analysIs of the request is found in the attached Planning and Zoning Board Staff Report. I . PLANNING"ÄND'ZONING"BOARD CONSIDERATION I At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing In conjunction with the request There was no public testimony in support of or opposition to the proposal. After reviewing the staff report and discussing the proposal, the Board voted 6-0 to recommend to the City Commission approval of the rezoning, by adopting the findings of fact and law contained In the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth In Sections 3.1.1, 3.2.2, and 2 4.5(D)(5) of the Land Development Regulations. I RECOMMENDED ACTION I Move approval of the rezoning from CBD to CF, by adopting the findings of fact and law contained In the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3 1.1, 3.2 2, and 2.4 5(D)(5) of the Land Development Regulations, with second reading to occur on August16,2005 Attachments: Proposed Ordinance & Planning and Zoning Board Staff Report of July 18, 2005 \~A ORDINANCE NO. 53-OS AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CBD (CENTRAL BUSINESS DISTRICT) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE NORTH AND SOUTH SIDES OF SW 1ST STREET, WEST OF SW STH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 200S"; 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 200S, being zoned CBD (Central Business District) District; and WHEREAS, at its meeting of July 18, 200S, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 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 CITY COMMISSION OF THE CITY 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 following described property: Lots 9 & 10 Subdivision of the North half of Block 22 Town of Linton (now Delray) according to the Plat thereof as recorded in Plat Book 10 Page 38 of the Public Records of Palm Beach County, Florida. Together With Commencing at the Southeast corner of Block 21 for a point of beginning; thence westerly a distance of 135 feet; thence northerly 100 feet; thence easterly a distance of 135 feet; thence southerly a distance of 100 feet to the point of beginning, being in the Town of Delray Beach, formerly Linton, according to the Plat now on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 1, Page 3 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_. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 53-05 ----- PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---ST AFF REPORT --- MEETING DATE: July 19, 2005 AGENDA ITEM: IV.B. ITEM: Rezoning from Central Business District (CBD) to Community Facilities (CF) for Delray Community Missionary Baptist Church, located on the north and south sides of SW 1st Street, west of SW 5th Avenue. illUIIill __J ~ ~<~~ -,- -- ~ w 3'r-- -I-~ z~' r FlRE- ;::: j~ <;TAnON ~ - , I..E OJ. ~ z i " , i ~ NO I ~ ATLANTIC AVE [IT I WJl POLICE GENERAL DATA: II! ¡ ~-- J--L-- --- ;::== COMPLEX ~--- F r--- -- ----' ~ -- Owner...................................... Delray Community Missionary t-- ~-- > ~ < < < Baptist Church, Inc t== = -~ Applicant........ ...... ........ ..... ....... Fine Built Construction, inc. ='=---= == -- Ëm -c--- - ~ 1ST _ ST Agent... ..... ......... ....... ........ ....... Charles Fifield --":-"- ---; i, ::t--- - ~ Location................................... North and South sides of SW f µ - _II -"u- =- Street, west of SW 5th Avenue -~~ -~ . <0 _<01" Property 0.78 Acre ±= - Size........ ..................... -T¡ I ¡ IJ I TIF =r= II I Existing F.L.U.M. Designation.. CC (Commercial Core) ~ 2ND Sf Current CBD (Central Business District) 4+ ¡111!1\ -¡I lì I Zoning. ............ ........ ..... I I - ~ Existing Land Church, with the remaining æJ IliI Use.......... ........... portion of the site vacant 3' '" Proposed Land Construction of a new I rrr ==::: Use........ .......... sanctuary building at the I f--- southwest corner of SW 1 sl sw 3RO [llill3' I 1\ 11 II Street and SW 5th Avenue and -'" - 3' - - '" conversion of the existing - - - church to a fellowship hall - - Water nIa - J- I - í 3= Service......................... .. ]]\ ¡-- II I Sewer n/a - IIÞ ,t~~ SL Service.......... ................. I - t--- - - [ - - I - E > 'íI I f-- -~ <C ---- -- -- I -- r r tj --- -- :;;1----1 ,__3' _---;- " , '" I 3' ' I ~ ! I I; , ~ ',¡ 6~' '" Sf IV.B. 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 CBD (Central Business District) to CF (Community Facilities) for Delray Community Missionary Baptist Church. The subject property is located at on the north and south sides of SW 1st Street, west of SW 5th Avenue and contains 0.78 acres I "'i 1·.' "- B"A"c:i<-'G R 0 lfN'D I P:R o·J·e·"C T;"C E S"C"R"I PT" 0 N , The proposal incorporates the following: Lots 9 & 10 Subdivision of the North half of Block 22 Town of Linton (now Delray) according to the Plat thereof as recorded in Plat Book 10 Page 38 of the Public Records of Palm Beach County, Florida. Together with a parcel described as: Commencing at the Southeast corner of Block 21 for a point of beginning; thence westerly a distance of 135 feet; thence northerly 100 feet; thence easterly a distance of 135 feet; thence southerly a distance of 100 feet to the point of beginning, being in the Town of Delray Beach, formerly Linton, according to the Plat now on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 1, Page 3 Delray Community Missionary Baptist Church currently occupies the building within Block 21, located at 94 SW 5th Avenue (northwest corner of SW 1st Street and SW 5th Avenue). The structure was constructed in 1960 and was originally utilized as retail store. An apartment addition was constructed in 1968 to the rear of the structure. From file correspondence it appears that the building was converted and utilized as a church facility since the early 1980's. In 1989, the church acquired Lot 9 and 10, Block 22 (southwest corner SW 1st Street and SW 5th Avenue). An additional parcel (north of the existing church) was purchased in 1997. These parcels are currently vacant. Recent land use history includes several zoning changes to the subject property. In 1990 with the City-wide rezonings, the subject parcels were rezoned from RM-6 (Multiple Family Residential-6 du/ac) to RM (Medium Density Residential). In conjunction with the approval of the West Atlantic Avenue Redevelopment Plan on December 5, 1995, the City Commission passed Ordinance No. 75-95 which rezoned the subject parcels located on the north side of SW 1st Street from RM (Medium Density Residential) to GC (General Commercial). On January 6, 2004, the City Commission approved a change in the zone district from RM (Medium Density Residential) to GC (General Commercial) for Lots 9 and 10 Block 22. In conjunction with the adopted Delray Beach Downtown Master Plan, the City Commission on October 19, 2004, approved Ordinance No. 31-04 which rezoned the subject site from GC (General Commercial) to CBO (Central Business District). In 1997, P&Z Board Staff Report Rezoning from CBD to CF for Delray Community Missionary Baptist Church Page 2 a Class I site plan modification was approved to allow the installation of a sidewalk and concrete drive to the property. The church is proposing to renovate the existing building to accommodate a meeting/fellowship hall and the construction of a 3,500 sq. ft. sanctuary with classrooms and associated parking on the vacant parcels located at the southwest corner of SW 1 st Street and SW 5th Avenue. As the CBD zone district does not allow churches or places of worship a rezoning application has been submitted by the Church to change the zoning designation of the entire church's holdings from CBD (Central Business District) to CF (Community Facilities) and is now before the Board for action. I· <. . ';' .... ,..... I. ~ 4·.....~~ ANALYSIS I REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to 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, 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. o 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 (CC). Pursuant to LDR Section 4.4.21, the CF (Community Facilities) zoning district is a special purpose zoning district primarily, but not exclusively, intended for locations at which facilities are provided to serve public, semi-public and private purposes. Pursuant to LOR Section 4.4.21 (B)(5) within the CF zoning district religious uses such as churches and places of worship and attendant uses of day care, pre-school, educational facilities, and with other normal educational (Sunday school) and recreational facilities, and support facilities (e.g. parsonage) are principal (permitted) uses. The proposed CF (Community Facilities) zoning designation is deemed consistent with all Future Land Use Map designations. Thus, based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. o Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered with respect to the overall land use pattern, assessment of level of service, the provision P&Z Board Staff Report Rezoning from CBD to CF for Delray Community Missionary Baptist Church Page 3 of services, and meeting remaining land use needs. It is noted that uses allowed under the CF zoning designation characteristically have less impact on concurrency than the uses allowed within the CBD designation. Drainaqe: With rezoning request drainage plans are not required. With redevelopment of the site, drainage plans will be submitted; however there are no problems anticipated in retaining drainage on site and obtaining any/all necessary permits. Traffic: A traffic statement has been submitted indicating that the proposed church facility will generate 129 average daily trips (41 peak hour trips). A peak hour distribution of the weekday trips has been submitted representing an additional 3 trips during the P.M. and A.M. peak hours. Parks and Recreation: Non-residential uses are not considered to have an impact on the City's Parks and Recreation facilities. Solid Waste: Based upon the Solid Waste Authority's typical waste generation rates, the indicated church development would generate 2.8 tons of waste annually. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021. Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. o Consistency - The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehénsive Plan. Future Land Use Element 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 complimentary to adjacent land uses; and fulfills remaining land use needs. There are no significant environmental characteristics to the subject property. The future redevelopment of the property based upon the proposed zoning can be compatible with the adjacent land uses, which consist of retail establishment (florist) to the north, retail use (under construction) and multiple-family residential to the east; and single family residences to the west and south. The most significant potential for impact resulting from a church use normally relates to traffic impact on the adjacent neighborhood and the ability to accommodate parking on-site without spillage onto adjacent roadways and into the neighborhood. There are no improved parking areas with the existing facility. This situation will be improved with the construction of a new facility and the attendant paved parking areas. P&Z Board Staff Report Rezoning from CBD to CF for Delray Community Missionary Baptist Church Page 4 Future Land Use Element Policy C-1.7: The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10th Street on the south, Interstate-95 on the west, and Swinton Avenue on the east. Many of the parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan and is more specifically included within sub-area #5. Sub-area #5 is identified as "infill area" consisting of relatively stable residential neighborhoods that are experiencing some deterioration, but do not require substantial redevelopment to achieve community livability goals. While the narrative for sub-area #5 does not address the establishment of new churches, the Redevelopment Plan does note increased faith based community involvement as an essential ingredient to improve livability. Based upon the above, a positive finding can be made with respect to Future Land Use Element Policy C-1.7, as increased faith based community involvement is identified as an essential element to improve the livability of the community and fulfill the goals and objectives of the Southwest Area Neighborhood Redevelopment Plan. Future Land Use Element Policy C-4.2: The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-i-A, it røpresents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. The subject property is located within the borders of the downtown as defined by the Downtown Delray Beach Master Plan and is more specifically located within the West Atlantic Neighborhood. The Master Plan does not specifically address the subject property with regard to a specific development proposal and the parcels are P&Z Board Staff Report Rezoning from CBD to CF for Delray Community Missionary Baptist Church Page 5 noted as vacant parcels which are identified for in-fill opportunities to increase the housing stock in the area. The subject parcels have been under the ownership of the church since 1981 (existing church) and more recently additional parcels were purchased in 1989 (south parcels) and 1997 (northernmost parcel). Give the above the development of these parcels in this manner are not inconsistent with the Future Land Use Element Policy C-4.2, nor the goals and objectives of the Downtown Delray Beach Master Plan. Housina Element Policv A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The proposed church is located in an established residential neighborhood. The most significant potential for impact resulting from a church use normally relates to traffic impact on the adjacent neighborhood and the ability to accommodate parking on-site without spillage onto adjacent roadways and into the neighborhood. With the development of the new facility, parking will have to be accommodated within improved parking areas thus improving the current parking situation, since there are no parking spaces assigned for the existing facility. During the development review for the new sanctuary, it will be conditioned that the existing building be retained as a support facility only such as a fellowship hall and not an additional sanctuary without adequate parking. o Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. Compatibility is discussed below under the Standards for Rezoning. o Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the parcels of land can occur in accordance with the City's Land Development Regulations. During the site plan review process the development proposal will be reviewed for compliance with the LDR. At this time no issues have been identified which would prohibit compliance with the requirements of the CF zoning district. Given the above, a positive finding with respect to compliance with the Land Development Regulations can be assumed. ~I ." . :·:·:-~J7~."';-: ··~·~ZÒÑiNG:'ÄN~U. I .~:A<. ."¿c, . . .,. '-' STANDARDS FOR REZONING ACTIONS: Compliance with the peñormance standards set forth in LDR Section 3.2.2, along with the required findings noted in LDR Section 2.4.5(D) (5) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and P&Z Board Staff Report Rezoning from CBD to CF for Delray Community Missionary Baptist Church Page 6 policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. LDR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable performance standard of LDR 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 use 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 following zoning designations and uses border the property: Zoninq Desiqnation: Use: North: Central Business District (CBD) Retail South: Central Business District (CBD) Single Family Residences East: Central Business District (CBD) Retail (under construction) and Multiple Family residences West: Medium Density Residential (RM) Single Family residences The proposal will rezone the 0.78 acre subject property from CBD to CF. The property is bordered on the north, south and east by properties zoned CBD and will not result in an incompatibility as the CF zoning district is of less intensity than the CBD district. To the west is zoned RM and compatibility can be enhanced through specific regulations which apply to the CF zoning district which, requires increased landscape perimeter buffer treatment. There are no compatibility concerns with regard to the CF zoned parcels, as CF zoning is deemed to be compatible with all other zoning districts. Based upon the above, a positive finding can be made with regard to LDR Section 3.2.2(D), that the proposed rezoning will not result in adjacent incompatible land uses. LDR Section 2.4.5(D) (5): In addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning 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; or 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 applicant has submitted the following statement indicating the reasons for which the rezoning is being sought based on "C" above: P&Z Board Staff Report Rezoning from CBD to CF for Delray Community Missionary Baptist Church Page 7 "The existing church at 94 SW 5th A venue wants to make use of their property which they have owned for many years by expanding their current facility. This includes building a new sanctuary on Lots 9 and 10 Block 22." In addition the applicant has further indicated that they had no record of the rezoning to CBD and the church has owned the property for many years" The basis for which the rezoning should be granted relates to "c" in that the use of the property for a church is more appropriate given that it has been under the ownership of the church for many years. The proposed zoning will allow the renovation of the existing facility and the provision of a new sanctuary which will eliminate the parking deficiencies which currently exists. Based upon the above, a positive finding with respect to LDR Section 2.4.5(D)(5) can be made. ....... .~ ..... ." , .--y'. . '. ~"REVlEW ;BY OTHERS .' I . . .;." : .~~: ": .. .~", Community Redevelopment Aqencv (CRA): At its meeting of June 23, 2005, the CRA reviewed the proposed rezoning and recommended approval. Downtown Development Authoritv (DDA): At its meeting of July 11, 2005, the DDA reviewed the rezoning and recommended approval. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and/or support, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: A special courtesy notice was provided to the following homeowners associations: . Ebony of Delray . PROD . President Council ".~~:J;;~;~,~.M;¡.:..Ä:$·.b ~·9;'(C-L.(n;"l'(j Ñ . - .... '~..'. ~ -~.... -'1'1.- .... . II'; The proposed rezoning from CBD (Central Business District) to CF (Community Facilities) designation is supportable given the land use history on these parcels and the proposed CF zoning will allow for the renovation of the existing facility and construction of a new facility which will address the current parking deficiencies. 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(0)(5) (Rezoning Findings), and the P&Z Board Staff Report Rezoning from CBD to CF for Delray Community Missionary Baptist Church Page 8 Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, this rezoning can be recommended for approval based on the findings outlined in this report. I'''''' ..... 0" .:- .~;-. -. A L T ERN A T I VE"' 'oA ·ëï I O~ s I ... ~ '¡' A. Continue with direction. B. Move a recommendation of approval to the City Commission for the privately sponsored request for a rezoning from CBD to CF for the subject property, 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, the Southwest Area Neighborhood Redevelopment Plan, the Downtown Delray Beach Master Plan, and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the land Development Regulations. C. Move a recommendation of denial to the City Commission for the privately sponsored request for rezoning from CBD to CF for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, the Southwest Area Neighborhood Redevelopment Plan, the Downtown Delray Beach Master Plan, and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the land Development Regulations. r'!":" . . STAFF R E CO Ni·M EN DATION ~ Move a recommendation of approval to the City Commission for the privately sponsored request for rezoning from CBD to CF for the subject property, 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, the Southwest Aréa Neighborhood Redevelopment Plan, the Downtown Delray Beach Master Plan, and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the land Development Regulations. Attachments: 0 Zoning Map 0 Survey I I ! II I II I t I I II I I I I ! <- MARTIN LU KING JR DRIVe -- I ! ~ 1ft i - ~I I f- l - r' ~ I--- -. ,-- - I----- ..- ~ - \ - - -- ~ 60.. w w - I!>J W - > > CITY <{ <{ ~ 0 HALL - z 4: '- N ! I - ; I I I ~- I~E:D I ~ '" f-- i ill ..- 2 - 1ST -- L W NW rnm [[JJJJ ~ II ~ :J - ~ ~. 2 C¡ z ~ ~ COMMUNI TY H -2 Z Is: w - 12 ~ CF CEN TER > FIRE üIr\f . '-'- « f-- - STA nON fl1TTTl ~ ¡----- CF TENNIS - AMOCO . STADIUM ! I I :! . I I NO.1 ~BD ATLANTIC AYE ~ ~ ~ 1 ~ Bþ1 . I ! ¡ I j i ITIIIJIlill I ': I POLICE SOU TH i I . ¡ I: ! ! I I . '. Ii I COMPLEX COUNTY - !---- -- COURT - - f--- -- ~------'--- -' -- -" - L---- ~ HOUSE - - ----"----- -- ~ : ~ -- - -" -- I c------- -- - f------ ~-œ - - -- -- - - , I--- .-- - I ST W 1ST -=11 -- jjlDL - - I II I i w I . I ' > - - - ßM= <{ , ., - - - - - I--- - - I--- I----- - ..... - -I I----- f-- II--- - -eX) f-- I----- I I I "- f-- f-- f-- - - ill II <l) ..- 0 - - II z C F N - - - - I I \ \ II Il'-- I i I I ¡ - - - I ,Ir== ~ sw 2ND ST \ mE nTIT1ffi -- I II I ! II - IT I 1 - i ! i I--- - .... I-ft ffiIE ft_ :;: I - U1 I i 1------ - ~ Is Ni :;: :;: , I--- - ~ U1 U1 i f------ - \~ U1 U1 fRR. f------ - m I f------ - :;: -' \ 11 ~ ! \ I \ II II ¡ \ - I----- ,-- ui Z '---- '-- N - DELRAY COMMUNITY BAPTIST MISSONARY CHURCH CITY OF DELRAY BEACH. Fl ZONING DISTRICT MAP PLANNING <5< ZONING DEPARTMENT -- DIGITAL BAS< MAP SYSTEM -- MAP REF LM857 .J' 'll -' . ~ !\ (- -r 1\:1 ,J 'L "i. ~ T- .¡ ~~ ld ã -IW '7ZQI r'- c.. -' J ~ ~ ~ 1:t~ a: , ~ uJ ~ 0 "f~ \ll ~ - '2 ,!Zr ~~~ I-- ¡ - r- <1 ~ . ,< ::z J"-.. ci {! -:z ~ " " - ...-/ -::z~ ~ ~ ~~ -.. ., , ~... , ~ I--::¡ _:;\.3 . ~g I ~ ~ ~ ~ i.,-o: I ~~ 00 ~-<> 3.) ~ ('\~r . I-?; .~ ~'" ~ ":t O;¡¡ :1;;; _ . \J! ...:.~ ~ .1l:z .,.F;:: ~ r- \ _ ",' , J 0,,-> ~ ~ ~::lX:TE-\_~ "20' \ lP . , - -- e · . · 0 ,.-. I j ~ ~ ~ g 'R ~':' · I . . å . I · ~ ~ J~ - ~ ~ l _ ~ IQ C'I.~ ó 11· . CJ{'\ '\.,) Ðt...J: ~ ;:, :r ) '\J ~ ~,¡~..... ~ ~t ~ ,?<.<:=' N - \ c ~ 2.... -t--........ k.' . ~ ~ - - &.~ 1I.1"~ 'B' n... - ~ y ¡j' I/," ~ _ I ¡{ ..91 'T'~ i: ~ j w. <-_ §.... ,!) - :¡w . 0 ~ -;¡ ~ - ¡: l' '" . I!!L,¡: ~ "'~ - I· ~ToR'f -" ¿::;~'" Ji. ,.,. ßÙILDII-<cq . \\ ]â -J m :>: s '" -0,. .a'1z ~ ~ ~ 511':! z-,' 20.70' II . ~~ ci! i¡.Í ~ \ -<:> 107' '"?/I.1'_",,>£,~ '0 )..\::¡~ riol,) ~ /' ......... r- ~". ~Cal \J -...;" lv' e '" .~: ~ - . = ,- @ '.--- ç¡: - . '" ',\ ~¡- , """aE,"fE. ('T'jp) , I . 1<;,.. . 0. IAI. - Ç) -- ~ __'---f_ 0 . .-:-" I~??I ~ mmn ICP'lG) -" I r --: ~I~ u) - ~ ~~ ~Q ~ ~-¡ 0 J'r-- f à. '" &~ ~ f ~ j~2 ,] ~ &'""~I ~ ~ ... i . ~ j "F' J' - Ð I~ "'r., % - ~ -- ~ ~ ~ \l\ . C'\ ~ -~. ~ il . , 0 ' I!p i' ----- 'i." ~ I~? ?I 4. ~ ~r.- ~iJ \!!\¡J ~'" 1-.:>~6 - ';:;-- . ~ ~~~ "I ~ -k --- -~---- c-e ~ Ca{jJ /~¡~ Pct~e. ~ 4- t www.bocanews.com · Boca RatonIDeIray Beach News - Fnday, August 5. 2005 ~ , ~~- ----ŒÐ- LEGAL NOTICES cnMte [] NUOm ~ CityCletl< ClnCIF_--'~ I PUBUSt!- Fnday.AoJgust5,2(]()5 II01ICICIF__ Boca Ralol\IDeInIyÐeach News I I Ad #123614 A PUBLIC HEARING WIll be held on the ~ onIlráo:es 317 00 pm on '!t, AUGUST 16. 2005 or atOlff~ otsuch meobng wNch Isselllythe CommIssIon). Í1 the City CommIsSIon 01ambefs. 100 N W 1st AIIIIIJO. ~ Beach, __ at ::-~/headopllon ~~ I _ may bit InsIOCIId at 1110 0ffIœ of /he City CIorI< at City Hall. 100 NW 1st Awnue. ~ Beach, Aoñ- do. _the"""'" 8110 am. and ;:.J'J11- ~.== are _ """:"- _ nI be heard with ¡ respec:I to the proposed onIInanœs. OIIIIIIWIC£ 110.113«1 AN OADINPÆE OF 1HE cnv C0M- MISSION Of 1HE cnv Of OElAAY BEACH. FLORIDA. REZONING AND PlACING lAND PRESaITlY ZONED g~~~~wmcu¡¡; IT1E~STRICT, SAID LAND BEING A PAR LOCA"fED ON 1HE NORTH AND SDUTH SIDES DF SW 1ST STREET. WEST OF SW 5TII AVENUE, AS MORE PARllCULARL Y DESCRIBED HEREIN. AMENDING "ZONING MAP OF OElAAY BEACH, ~J?:i~~~ieNG~ J SAVING ClAUSE. AND AN EFffCTIVE I DATE. IIRIIIIIAIIŒ 110. _ I AN ORDItIANcE Of THE CITY C0M- MISSION OF 1HE cnv OF œ.RAY BEACH, FLORIOA. AMENDING CHAP- "fER 95, "EMERGENCY MANAGE- MENT", BY ENACTING SECTlON 9516. 'PORTABlE GENERATORS·, TO PROVIDE FUR THE REGULATIQN I ~DI:::I~,.c¡=~~~ I AI.. REPEAL£R ClAUSE AND AN EfFECTI\IE DATE. PIeasø bit __If a"",,,,", _1O'apIaI 0Iff -._ by the City CommIssIon willi rISIOCIto 0Iff .- coiIsIdenId at _ .....- , Ings, such_ may_lO_ . 1hiIIar.==:1IICIII1I1ncIIIdoJ"":_ == WIonœ_ tie . 10 lífbê _~ 1IIet:lý döes =;;. ~such IOConI. cnv Of DELRAY BEACH