Ord 42-01ORDINANCE NO. 42-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY
RESIDENTIAL) DISTRICT TO CF (COMMUNITY
FACILITIES) DISTRICT; SAID LAND BEING A PARCEL OF
LAND LOCATED ON THE WEST SIDE OF N.W. 4TH
AVENUE, APPROXIMATELY 360' NORTH OF WEST
ATLANTIC AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 2000"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District
Map of the City of Delray Beach, Florida, dated August, 2000, as being zoned R-1-A (Single
Family Residential) District; and
WHEREAS, at its meeting of July 16, 2001, the Planning and Zoning Board for
the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and
voted 7-0 to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray
Beach, Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be,
and the same is hereby amended to reflect a zoning classification of CF (Community Facilities)
District for the following described property:
Lot 9 and that portion of the East half (E 1/2) of the 16 foot abandoned alley
right-of-way lying west of and adjacent to the West line of said Lot 9, Block 28, Town of Linton,
(now Delray Beach) according to the plat thereof as recorded in Plat Book 1, Page 3 (sheet 2),
Public Records of Palm Beach County, Florida.
Section 2. That the Planning and Zoning Director of the said City shall, upon the
effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to
conform with the provisions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 4. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective immediately upon passage
on second and final reading.
the
PASS-ED AND ADOPTED in regular session on second and final reading on this
dayof ~ ,2001.
City Clerk
First Reading.
Second Reading
2 ORD NO. 42-01
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
~ITY MANAGER
AGENDA ITEM #/0 ~., - REGUI_AR MEETING OF AUGUST 7, 2001
ORDINANCE NO. 42-01 (REZONING/OFF-STREET PARKING FOR
ATLANTIC GROVE)
AUGUST 3, 2001
This is second reading and a quasi-judicial public hearing for Ordinance No. 42-01 wluch rezones
from R-1-A (Smgle Family Residential) to CF (Commumty Facilities) a parcel of land located on the
west side of NW 4th Avenue, approximately 150 feet south of NW 1st Street to accommodate an off-
street parking lot associated with the Atlantic Grove Redevelopment Project.
Phnning and Zoning Board held a public hearing on the proposed rezoning on July 16, 2001. No one
from the public spoke on the item. The Board recommended approval of the rezonmg by a vote to
7-0, based on posiuve finds with respect to Section 3.1.1 (Required Findings, Secuon 3.2.2 (Standards
for Rezoning Actions) and Section 2.4.5(D)(5) (Rezonmg Findings) of the Land Development
Regulations, and the Goals, Objectives and Pohcies of the Comprehensive Plan.
At the July 24, 2001 Regular City Commission meeting this ordinance was passed unanimously.
Recommend approval of Ordinance No. 42-01 on second and final reading.
ref agmemo21 Ord 42-01 08 07 01
TO:
THRU:
FROM:
SUBJECT:
REZONING FROM R-I-A (SINGLE FAMILY RESIDENTIAL) TO CF
(COMMUNITY FACILITIES) FOR A PARCEL LOCATED AT 36 NW 4TM
AVENUE TO ACCOMMODATE A PARKING LOT ASSOCIATED WITH THE
ATLANTIC GROVE REDEVELOPMENT PROJECT.
The request involves one parcel totaling 0.23 acres which contains a vacant, boarded-up
single family home. The house that is located on the property was constructed on Lot 7, Block
28 around 1921 as the parson's home, and was relocated to the subject property in the 1950's.
The property was purchased by the Community Redevelopment Agency in 1999 as part of an
assemblage of properties for redevelopment purposes.
The property is currently under contract for sale to Atlantic Grove Partners, who are in the
process of obtaining conditional use and site plan approval for a mixed use project on Blocks
28 and 36. Their proposal depicts the property as a 24-space parking lot to be used by guests
of residents and customers of businesses within the new development. In order to be used
for parking, the zoning must be changed from its current R-1-A (Single Family Residential)
designation. Operation of a privately owned parking lot in the CF zoning district also requires
conditional use approval, which is being processed concurrently with this request for rezoning
and will be presented to the Commission concurrent with second reading of the rezoning.
Additional background and analysis is provided in the attached Planning and Zoning Board
staff report,
A
The Planning and Zoning Board held a public hearing on the proposed rezoning at its meeting
of July 16, 2001. No one from the public spoke on the item. The Board recommended approval
of the rezoning by a vote of 7 to 0, based on positive findings with respect to Section 3.1.1
(Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5)
(Rezoning Findings) of the Land Development Regulations, and the Goals, Objectives and
Policies of the Comprehensive Plan.
By motion, approve on first reading the ordinance for the rezoning of the subject property from
R-1-A (Single Family Residential) to CF (Community Facilities), based upon the findings and
recommendations of the Planning & Zoning Board, and set a public hearing date of August 7,
2001.
Attachments: P&Z Board Staff Report of July 16, 2001 and Ordinance
\\misrv001\departments\planning & zoning\boards\city commission\atlantic grove parking rezoning.doc /~l~ 'A
ORDINANCE NO. 42-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL)
DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID
LAND BEING A PARCEL OF LAND LOCATED ON THE WEST SIDE
OF N.W. 4TH AVENUE, APPROXIMATELY 360' NORTH OF WEST
ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 2000"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated August, 2000, as being zoned R-1-A (Single Family
Residential) District; and
WHEREAS, at its meeting of July 16, 2001, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public heating and voted 7-0 to
recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for
the following described property:
Lot 9 and that portion of the East half(E 1/2 ) of the 16 foot abandoned alley fight-
of-way lying west of and adjacent to the West line of said Lot 9, Block 28, Town of
Linton, (now Delray Beach) according to the plat thereof as recorded in Plat Book 1,
Page 3 (sheet 2), Public Records of Palm Beach County, Florida.
Section 2. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That should any section or provision of this ordinance or any portion thereofi any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 5. That this ordinance shall become effective immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the __
day of ., 200
ATTEST M A Y O R
City Clerk
First Reading
Second Reading
2 ORD NO. 42-01
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
July16, 2001
IV.B.
Rezoning from R-1-A (Single Family Residential) to CF (Community
Facilities) for a Parcel of Land Located at 36 N.W. 4th Avenue to
Accommodate an Off-Street Parking Lot Associated with the Atlantic Grove
Redevelopment Project.
ATLAN T C AVENUE
POLICE
COMPLEX
GENERAL DATA:
Owner/Applicant ..................Delray Beach Community Redevelopment Agency
Agent ................................... Diane Dominguez, Executive Director
Delray Beach Community Redevelopment Agency
Location ............................... West side of N.W. 4th Avenue, approximately 360' north of West
Atiantic Avenue
Property Size ........................ 0.23 Acre
Existing FLUM Designation.. Low Density (0-5 d.u./acre)
Current Zoning ..................... R-1-A (Single Family Residential)
Adjacent Zonings ........ No,th: CF (Community Facilibes)
F-est: GC (General Commercial)
South: CF
West: CF
Existing Land Use ................ S~ngle Family Residence
Proposed Land Use ............. Rezoning to accommodate an off-street parking lot associated with
the Atiantic Grove Redevelopment Project.
Water Service ...................... n/a
Sewer Service ...................... n/a
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City
Commission on a rezoning request from R-1-A (Single Family Residential)
to CF (Community Facilities) for property associated with the Atlantic
Grove redevelopment project, pursuant to LDR Section 2.4.5(D). The
project includes the redevelopment of major portions of the North 400 and
300 Blocks (Blocks 28 & 36) of West Atlantic Avenue. This rezoning
action has been requested by the City's Community Redevelopment
Agency (CRA). A conditional use application to allow a privately operated
parking lot in the CF zoning district, is being processed concurrently.
Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations, the
Planning and Zoning Board shall review and make a recommendation to
the City Commission with respect to the rezoning of any property within
the City.
BAC KG ROUND
The request involves one parcel totaling 0.23 acres, and is legally described as Lot 9,
Block 28, Town of Delray. It contains a vacant, boarded-up single family home. The
subject property was formerly owned by Greater Mt. Olive Missionary Baptist Church.
The house that is located on the property was constructed on Lot 7, Block 28 around
1921 as the parson's home, and was relocated to the subject property in the 1950's.
The property was purchased by the Community Redevelopment Agency in 1999 as part
of an assemblage of properties within Blocks 28 and 36 for redevelopment purposes.
The property is located within the "West Atlantic Avenue Redevelopment Area".
Guidelines for redevelopment of this area are contained within the West Atlantic
Avenue Redevelopment Plan. The Plan contains block diagrams that depict possible
redevelopment scenarios for each block in the Redevelopment Area. The d~agram for
redevelopment of Blocks 28 depicts multistory mixed use buildings fronting on West
Atlantic Avenue and parking in the rear. The plan states that the subject property is to
be utilized as "new parking or church expansion."
The property is currently under contract for sale to Atlantic Grove Partners, who are in
the process of obtaining conditional use and site plan approval for a mixed use project
on Blocks 28 and 36. Their proposal depicts the property as a 24-space parking lot to
be used by guests of residents and customers of businesses within the new
development. In order to be used for parking, the zoning must be changed from its
current R-1-A (Single Family Residential) designation. While a rezoning to CF does not
necessarily require a FLUM amendment, given the proposed use and the use of the
surrounding properties, it was determined that an amendment to a CF FLUM
designation should be processed as well. The FLUM amendment is being processed
separately as a part of Comprehensive Plan Amendment # 2001-02, which will be
before the Board for action on August 20, 2001. Operation of a privately owned parking
lot in the CF zoning district requires conditional use approval, which is being processed
concurrently with this request for rezoning.
Planning & Zoning Staff Report
Rezoning for Lot 9, Block 28, Town of Delray
Page 2
~REZONING ANALYSIS*
REQUIRED FINDINGS:
LDR {Chapter 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use
applications, certain findings must be made in a form which is part of the official
record. This may be achieved through information on the application, written
materials submitted by the applicant, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
Future Land Use Map: The resulting use of land or structures must be allowed
in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future
Land Use Map.
The property is part of a proposed mixed-use redevelopment project that will include
a parking lot on the subject property. A parking lot is allowed as a conditional use
within the proposed CF zoning district. The CF zoning district is consistent with the
current FLUM designation of LD (Low Density Residential), as well as with the
proposed CF FLUM designation that is currently being processed. Thus, positive
findings can be made regarding consistency with the FLUM and zoning
designations.
Concurrency -- Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
Development of the property will be limited to uses permitted under the proposed CF
land use and zoning designations. The intended use is a parking lot. Given the
property's small size (0.23 acres), its development for any othel use allowed in the
CF district is unlikely. The only other scenario would be to incorporate the property
into the adjacent church facility. Drainage will be accommodated on site via an
exfiltration system. City facilities, such as water and sewer have sufficient capacity
to handle development as a CF use. Similarly, solid waste can be accommodated by
existing County facilities. As the property is located in the TCEA (Transportation
Concurrency Exception Area), there is not an issue with respect to traffic
concurrency. It is also noted that parking lots typically do not generate vehicular
trips. Thus, positive findings can be made at this time with regard to concurrency for
all services and facilities.
Consistency -- The requested designation is consistent with the goals,
objectives and policies of the most recently adopted Comprehensive Plan.
The rezoning will help to fulfill Future Land Use Element Policy C-1.5, stated as
follows:
Planning & Zoning Staff Report
Rezoning for Lot 9, Block 28, Town of Delray
Page 3
Future Land Use Element Policy C-1.5: The fo/lowing pertains to the Atlantic
Avenue Redevelopment Area:
This area extends in a corridor along Atlantic Avenue eastward from 1-95 to Swinton
Avenue. The present land uses in this area include single family homes, duplexes,
mini-parks, commercial uses along At/antic Avenue and NW 5th Avenue, and
scattered vacant parcels.
The West At!antic Avenue Redevelopment Plan was adopted by the City
Commission on July 11, 1995. The plan establishes Future Land Use Map
designations, zonings, special development standards, and design guidelines for the
Redevelopment Area. Future development in the area must be in accordance with
the provisions of the redevelopment plan.
Adoption of the Redevelopment Plan represents Phase I of the redevelopment
strategy for the area. Phase II consists of an economic development strategy to be
developed by the CRA, based on the Redevelopment Plan, and a market study.
The economic development strategy will be completed by Fiscal Year 97/98.
The West Atlantic Avenue Redevelopment Plan, which was most recently amended
in November of 2000, includes recommendations for redevelopment of the subject
parcel as "new parking or church expansion". It is slated to be part of a mixed use
(commercial and residential) project that will comprise major portions of Blocks 28
and 36, and is consistent with the proposed development pattern along the avenue.
The rezoning will also help to fulfill Housing Element Policy B-2.6 stated as follows:
Housing Element Policy B-2.6: Housing in and near the downtown area, in close
proximity to employment opportunities and services, is a critical need. In order to
help stimulate demand for new housing in and around the Central Business District,
the development of new rental housing projects outside of the TCEA and N. Federal
Highway area is discouraged.
The proposed rezoning will provide for the construction of a parking area that is
necessary to accommodate residential development on Blocks 28 and 36, within the
West Atlantic Avenue Redevelopment Area, adjacent to the Central Business
District. Additional housing in this area fulfills a critical need.
Compliance -- Development under the requested designation will comply with
the provisions and requirements of the Land Development Regulations.
The subject property contains a vacant historic home that is in extremely poor
condition. The use of the property for a private parking lot will also require
conditional use approval, which is being processed concurrently with this
application. The proposed parking lot will contain 24 spaces. If the rezoning is
successful and the project goes forward as proposed, a waiver will be required with
site plan approval to reduce the stacking distance provided from 20' to 12'.
Planning & Zoning Staff Report
Rezoning for Lot 9, Block 28, Town of Delray
Page 4
Compliance with the Land Development Regulations will be further addressed with
review of a site plan approval request. There should be no problems complying with
the Land Development Regulations. Given the above, a positive finding with respect
to compliance with the Land Development Regulations can be made.
Section 3.2.1 (Basis for Determininq Consistency): The performance standards
set forth in this Article either reflect a policy from the Comprehensive Plan or a
principle of good planning practice. The performance standards set forth in the
following sections as well as compliance with items specifically listed as
required findings in appropriate portions of Section 2.4.5 shall be the basis upon
which a finding of overall consistency [Section 3.1.1(C)] is to be made. However,
exclusion from this Article shall not be a basis for not allowing consideration of
other objectives and policies found in the adopted Comprehensive Plan in the
making of a finding of overall consistency.
Section 3.2.2 (Standards for Rezonin.q Actions): Standards A, B, C and E are not
applicable with respect to this rezoning request. The applicable performance
standard of Section 3.3.2 is as follows:
(D)
That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new use.
The subject property is part of a redevelopment project that includes significant portions
of Blocks 28 and 36 of the West Atlantic Avenue Redevelopment Area. The property is
surrounded by the Mount Olive campus, including the sanctuary to the north, paved
parking areas immediately to the south and west, and an unimproved parking area to
the east across NW 4th Avenue. The FLUM designations to the north, west, and south
are CF (Community Facilities). The designation to the east, across NW 4th Avenue, is
GC (General Commercial). This section of the West Atlantic Avenue redevelopment
area contains a significant amount of governmental and community facilities, including
the City's Tennis Center immediately to the east and the City's Fire Station
Headquarters immediately to the west of the proposed mixed-use project, the Greater
Mount Olive campus immediately to the west, south, and north, and the South County
Courthouse and City Police Station, across Atlantic Avenue to the south. The proposed
designation of CF and the proposed use as a parking lot are compatible with the
existing and future land uses of the surrounding area. Therefore, a positive finding with
respect to compatibility can be made.
Section 2.4.5(D)(5) (Rezonina Findinas}:
Pursuant to Section 2.4.5(D)(5) (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;
Planning & Zoning Staff Report
Rezoning for Lot 9, Block 28, Town of Delray
Page 5
bJ
That there has been a change in circumstances which make the current
zoning inappropriate;
That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property based
upon circumstances particular to the site and/or neighborhood.
The reason for the proposed rezoning is "b", based on the following:
The property is part of an overall site that has been assembled to comprise the first
major redevelopment project in the West Atlantic Avenue corridor. Its proposed use as
a parking area is necessary to accommodate the mixed use project. It is currently an
isolated R-1-A zoned parcel, surrounded by large scale developments (the Mt. Olive
campus and the proposed Atlantic Grove project). Its use as a single family residential
lot is no longer appropriate. The rezoning to CF will be consistent with the surrounding
zoning designations of CF and GC, and will allow for development that is compatible
with adjacent land uses.
REVIEWs!BY OTHERS
Community Redevelopment Agency:
By their request for this action, the Community Redevelopment Agency has given its
approval.
West Atlantic Avenue Redevelopment Coalition (WARC):
WARC reviewed the rezoning request at its meeting of July 11~ 2001, and
recommended approval.
Historic Preservation Board (HPB):
The HPB reviewed the conditional use request at its meeting of July 11, 2001, and
recommended approval.
Downtown Development Authority:
The rezoning and conditional use request will be reviewed by the DDA at its July 18th,
2001 meeting. Their recommendation will be provided to the City Commission.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of support and objection, if any, will be presented at the
Planning and Zoning Board meeting.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
Planning & Zoning Staff Report
Rezoning for Lot 9, Block 28, Town of Delray
Page 6
· West Settlers Historic District Association
· PROD (Progressive Residents of Delray)
· Northwest Community Improvement Association
· Presidents Council
· Delray Merchants Association
· Peach Umbrella
· West Side Heights
ASSESSMENT AND CONCLUSION'
The proposed rezoning to CF (Community Facilities) will allow for development that is
recommended in the adopted West Atlantic Avenue Redevelopment Plan. Positive
findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR
Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning
Findings and the Goals, Objectives, and Policies of the Comprehensive Plan.
Therefore, the proposed rezoning can be recommended for approval based on the
findings outlined in this report.
ALTERNATIVE ACT:I'O N S !
Continue with direction.
Recommend to the City Commission approval of the rezoning from R-1-A (Single
Family Residential) to CF (Community Facilities), for Lot 9, Block 28, Town of
Delray, based on positive findings with respect to LDR Section 3.1.1 (Required
Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section
2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the
Comprehensive Plan.
Recommend to the City Commission denial of the rezoning of Lot 9, Block 28,
Town of Delray, based on a failure to make positive findings and that the
application fails to fulfill one of the basis for which a rezoning should be granted.
R:E COMM~NO E D AC'T~! ON
Recommend to the City Commission approval of the rezoning from R-1-A (Single
Family Residential) to CF (Community Facilities) for Lot 9, Block 28, Town of Delray,
based on positive findings with respect to LDR Section 3.1 1 (Required Findings), LDR
Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning
Findings), and the Goals, Objectives and Policies of the Comprehensive Plan.
Attachments:
Q Location Map with Existing Zoning Designations
Report prepared by: Ron HoR,qard, Senior Planner
\\misrvOOl\departments\planmnq & zonin,q\boards\p&z board\block 28 rezoning doc
MARTIN LUTHER ~ III / KING JR. DRIVE N.W 2ND ST
~ ~ ~ ~ HALL
N.W 1ST - ~ ST
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S.W 1S7 ST. S W 1
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~ - ~ISTING ZONING DESIGNATIONS -
R~ONING FROM: R-I~ (SINGLE F~ILY RESIDENTI~) TO. CF (COMMUNI~ FACILITIES)
CI~ OF DELRAY BEACH, FL
PLANNING ~ ZONING DEPARTMEN~ ~ -A~IC GRO~ DEVELOPMENTAR~
TO:
THRU:
FROM:
SUBJECT:
DAVID T~k~, ~N~AGE R
PAUL DQLRLING, ~)IRECTO, R)C)F PLANNINO & ZONING
RONALO ROGGARD, SENIGLR PLANNER
MEETING OF AUGUST 7, 2001
CONDITIONAL USE REQUEST TO ALLOW THE ESTABLISHMENT OF AN
OFF-STREET PRIVATE PARKING LOT LOCATED ON THE WEST SIDE OF NW
4TH AVENUE~ APPROXIMATELY 150 FEET SOUTH OF NW 1ST STREET,
ASSOCIATED WITH THE ATLANTIC GROVE REDEVELOPMENT PROJECT.
The request involves one parcel totaling 0.23 acres which contains a vacant, boarded-up single
family home. The house that is located on the property was constructed on Lot 7, Block 28
around 1921 as the parson's home, and was relocated to the subject property in the 1950's. The
property was purchased by the Community Redevelopment Agency in 1999 as part of an
assemblage of properties for redevelopment purposes. It is currently under contract for sale to
Atlantic Grove Partners, who received conditional use approval for the mixed use project on
Blocks 28 and 36 at the City Commission meeting of July 24, 2001. The site plan will go before
the Historic Preservation Board for action on August 15, 2001.
The proposal depicts the subject property as a 24-space parking lot to be used by guests of
residents and customers of businesses within the new development. Operation of a privately
owned parking lot requires rezoning to CF (Community Facilities) and conditional use approval.
An application to rezone the property from R-1-A (Single Family) to CF (Community Facilities) is
being processed concurrently with this application. Although not required, it was determined that
an amendment to a CF FLUM designation should be processed as well. The FLUM amendment
is being processed separately as a part of Comprehensive Plan Amendment #2001-02. Additional
background and analysis is provided in the attached Planning and Zoning Board staff report
The Planning and Zoning Board held a public hearing on the proposed rezoning at its meeting of
July 16, 2001. No one from the public spoke on the item. The Board recommended approval of
the conditional use by a vote of 7 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, Objectives and Policies of the Comprehensive Plan.
Approve the request for Conditional Use approval to allow a privately operated parking lot 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 July 16, 2001
I0. .I
s:\planning & zoning\boards\city commission\atlantic grove parking conditional use.doc
PLANNING AND ZONli: IG BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
July 16, 2001
IV.C.
Conditional Use Request to Accommodate an Off-Street Parking Lot
Associated with the Atlantic Grove Redevelopment Project, Located at 36
N.W. 4th Avenue.
-~ CITY
J l HALL
ATLANTIC
COMMUNITY
CENTER
TENNIS
STADIUM
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N W 1ST ST N E 1ST ST
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HOUSE
GENERAL DATA:
Owner .................................. Delray Beach Community Redevelopment Agency
Agent ................................... Tim Hemandez,
New Urban Atlantic Grove, LLC.
Applicant .............................. Delray Beach Community Redevelopment Agency &
Atlantic Grove Partners, LLC
Location ............................... West side of N.W. 4th Avenue, approximately 360' north of West
Atlantic Avenue
Property Size ........................ 0.23 Acre
Existing FLUM Designation.. Low Density (0-5 d.u./acre)
Current Zoning ..................... R-1-A (Single Family Residential)
Adjacent Zonings ........ North: CF (Community Facilities)
East: GC (General Commercial)
South: CF
West: CF
Existing Land Use ................ Single Family Residence
Proposed Land Use ............. Conditional Use Request to accommodate an off-street parking lot
associated with Atlantic Grove Redevelopment Project.
Water Service ...................... n/a
Sewer Service ...................... n/a
IV.C.
The action before the Board is making a recommendation to the City Commission on a
Conditional Use request to allow a privately operated parking lot in the CF(Community
Facilities) zoning district, pursuant to LDR Section 2.4.5(E). The parking lot is
associated with the Atlantic Grove redevelopment project, which includes the
redevelopment of major portions of the North 400 and 300 Blocks (Blocks 28 & 36) of
West Atlantic Avenue. This action has been requested jointly by the City's Community
Redevelopment Agency (CRA) and the Atlantic Grove Partners. An application to
rezone the property from R-1-A (Single Family) to CF (Community Facilities) is being
processed concurrently.
Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations, the Planning
and Zoning Board shall review and make a recommendation to the City Commission
with respect to establishing a conditional use on any property within the City.
The request involves one parcel totaling 0.23 acres, and is legally described as Lot 9,
Block 28, Town of Delray. It contains a vacant, boarded-up single family home. The
subject property was formerly owned by Greater Mt. Olive Missionary Baptist Church.
The house that is located on the property was constructed on Lot 7, Block 28 around
1921 as the parson's home, and was relocated to the subject property in the 1950's.
The property was purchased by the Community Redevelopment Agency in 1999 as part
of an assemblage of properties within Blocks 28 and 36 for redevelopment purposes.
The property is located within the "West Atlantic Avenue Redevelopment Area".
Guidelines for redevelopment of this area are contained within the West Atlantic
Avenue Redevelopment Plan. The Plan contains block diagrams that depict possible
redevelopment scenarios for each block in the Redevelopment Area. The diagram for
redevelopment of Blocks 28 depicts multistory mixed use buildings fronting on West
Atlantic Avenue and parking in the rear. The plan states that the subject property is to
be utilized as "new parking or church expansion."
The property is currently under contract for sale to Atlantic Grove Partners, who are in
the process of obtaining conditional use and site plan approval for a mixed use project
on Blocks 28 and 36. Their proposal depicts the property as a 24-space parking lot to
be used by guests of residents and customers of businesses within the new
development. Operation of a privately owned parking lot requires a rezoning to CF
(Community Facilities) and conditional use approval. An application to rezone the
property from R-1-A (Single Family) to CF (Community Facilities) is being processed
concurrently with this application. Although not required, it was determined that an
amendment to a CF FLUM designation should be processed as well. The FLUM
amendment is being processed separately as a part of Comprehensive Plan
Amendment # 2001-02, which will be before the Board for action on August 20, 2001.
Planning & Zoning Staff Rep~
Conditional Use to Allow a F".?;?tely-Operated Parking Lot
Page 2
REQUIRED FINDINGS:
LDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use
applications, certain findings must be made in a form which is part of the official
record. This may be achieved through information on the application, written
materials submitted by the applicant, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
With the rezoning request to CF (Community Facilities), positive findings were made
with respect to Future Land Use Map Consistency, Concurrency, Comprehensive Plan
Consistency, and Compliance with Land Development Regulations and are discussed
below.
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 property is part of a proposed mixed-use redevelopment project that will include a
parking lot on the subject property. Pursuant to LDR Section 4.4.2'1(D)(5), a privately-
operated parking lot is allowed as a conditional use within the proposed CF zoning
district. The proposed CF zoning district is consistent with the current FLUM designation
of LD (Low Density Residential), as well as with the proposed CF FLUM designation
that is currently being processed. Thus, positive findings can be made regarding
consistency with the FLUM and zoning designations.
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 property will be redeveloped to provide parking for the Atlantic Grove
Redevelopment project. The proposed parking lot will not have any impacts with
respect to level of service standards as they relate to water, sewer, traffic, parks and
recreation facilities or solid waste. Drainage will be accommodated on site via an
exfiltration system. City water service is available and adequate capacity exists to
service the irrigation needs of the proposed development. Sewer service and solid
waste disposal will not be required and the parking lot will not generate additional traffic.
Thus, positive findings can be made at this time with regard to concurrency for all
services and facilities.
Planning & Zoning Staff Rep~t~,
Conditional Use to Allow a F.??~ely-Operated Parking Lot
Page 3
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.5(E)(5) for the Conditional Use request 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
making a finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives and policies that are relevant to the
proposed Conditional Use were found:
Future Land Use Element Policy C-'1.5: The following pertains to the Atlantic Avenue
Redevelopment Area:
This area extends in a corridor along Atlantic Avenue eastward from 1-95 to Swinton
Avenue. The present land uses in this area include single family homes, duplexes,
mini-parks, commercial uses along Atlantic Avenue and NW 5th Avenue, and scattered
vacant parcels.
The West At/antic Avenue Redevelopment Plan was adopted by the City Commission
on July 11, 1995. The plan establishes Future Land Use Map designations, zonings,
special development standards, and design guidelines for the Redevelopment Area.
Future development in the area must be in accordance with the provisions of the
redevelopment plan.
Adoption of the Redevelopment Plan represents Phase I of the redevelopment strategy
for the area. Phase II consists of an economic development strategy to be developed
by the CRA, based on the Redevelopment Plan, and a market study. The economic
development strategy will be completed by Fiscal Year 97/98.
The West Atlantic Avenue Redevelopment Plan, which was most recently amended in
November of 2000, includes recommendations for redevelopment of the subject parcel
as "new parking or church expansion". It is slated to be part of a mixed use
(commercial and residential) project that will comprise major portions of Blocks 28 and
36, and is consistent with the proposed development pattern along the avenue.
Establishment of the conditional use will also help to fulfill Housing Element Policy B-
2.6 stated as follows:
Housing Element Policy B-2.6: Housing in and near the downtown area, in close
proximity to employment opportunities and services, is a critical need. In order to help
stimulate demand for new housing in and around the Central Business District, the
development of new rental housing projects outside of the TCEA and N. Federal
Highway area is discouraged.
The proposed conditional use will provide for the construction of a parking area that is
necessary to accommodate residential development on Blocks 28 and 36, within the
West Atlantic Avenue Redevelopment Area, adjacent to the Central Business District.
Additional housing in this area fulfills a critical need.
Planning & Zoning Staff
Conditional Use to Allow a F~ely-Operated Parking Lot
Page 4
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
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. Nor that it will hinder development or redevelopment of nearby
properties.
The subject property is part of a redevelopment project that includes significant portions
of Blocks 28 and 36 of the West Atlantic Avenue Redevelopment Area. The property is
surrounded by the Mount Olive campus, including the sanctuary to the north, paved
parking areas immediately to the south and west, and an unimproved parking area to
the east across NW 4th Avenue. The FLUM designations to the north, west, and south
are CF (Community Facilities). The designation to the east, across NW 4th Avenue, is
GC (General Commercial). This section of the West Atlantic Avenue redevelopment
area contains a significant amount of governmental and community facilities, including
the City's Tennis Center immediately to the east and the City's Fire Station
Headquarters immediately to the west of the proposed mixed-use project, the Greater
Mount Olive campus immediately to the west, south, and north, and the South County
Courthouse and City Police Station, across Atlantic Avenue to the south. The proposed
use as a parking lot is compatible with the existing and future land uses of the
surrounding area. As a whole, the Atlantic Grove project will introduce more night time
activity, and more "eyes" to observe what is happening in the area, which should be a
deterrent to criminal activity. The project as a whole will have a very positive impact on
neighborhood stability.
Atlantic Grove is the first major private redevelopment project on West Atlantic Avenue.
As such, it makes the statement that the area has finally "arrived" and private
investment is on the way. This will have a very positive impact on the redevelopment
potential of the entire corridor. Based on the above, positive findings can be made that
the proposed use will not have an adverse impact on the surrounding area or hinder
development or redevelopment of nearby properties.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Development under
the requested designation will comply with the provisions and requirements of
the Land Development Regulations.
The subject property contains a vacant historic home that is in extremely poor condition.
The use of the property for a private parking lot will also require a rezoning of the
property to CF (Community Facilities), which is being processed concurrently with this
application. The proposed parking lot will contain 24 spaces. If the conditional use is
approved and the project goes forward as proposed, a waiver will be required with site
plan approval to reduce the stacking distance provided from 20' to 12'.
' ~, Planning & Zoning Staff ReD ,~
Conditional Use to Allow a F;~..:~tely-Operated Parking Lot :..:;...:,
Page 5
Compliance with the Land Development Regulations will be further addressed with
review of a site plan approval request. There should be no problems complying with
the Land Development Regulations. Given the above, a positive finding with respect to
compliance with the Land Development Regulations can be made.
Community Redevelopment Aqency:
By their request for this action, the Community Redevelopment Agency has given its
approval.
West Atlantic Avenue Redevelopment Coalition (WARC):
WARC reviewed the rezoning request at its meeting of July 11, 2001, and
recommended approval.
Historic Preservation Board (HPB):
The HPB reviewed the conditional use request at its meeting of July 11, 2001, and
recommended approval.
Downtown Development Authority:
The rezoning and conditional use request will be reviewed by the DDA at its July 18th,
2001 meeting. Their recommendation will be provided to the City Commission.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
West Settlers Historic District Association
· PROD (Progressive Residents of Delray)
· Northwest Community Improvement Association
· Presidents Council
· Delray Merchants Association
· Peach Umbrella
· West Side Heights
Letters of support and objection, if any, will be presented at the Planning and Zoning
Board meeting.
The proposed Conditional Use to allow a privately operated parking lot will allow for
development that is recommended in the adopted West Atlantic Avenue
Redevelopment Plan. Positive findings can be made 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, Objectives, and Policies of the
Comprehensive Plan. Therefore the proposed Conditional Use can be recommended
for approval based on the findings outlined in this report.
Planning & Zoning Staff Re~
Conditional Use to Allow a I::~i':~ely-Operated Parking Lot
Page 6
A. Continue with direction.
Bo
Recommend approval of the Conditional Use request to allow a privately
operated parking lot within the CF (Community Facilities) zoning district, 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, Objectives and Policies of the Comprehensive Plan.
Co
Recommend denial of the Conditional Use request to allow a privately operated
parking lot within the CF (Community Facilities) zoning district, based upon a
failure to make positive findings with respect to Chapter 3 (Performance
Standards), and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land
Development Regulations, that the proposal will have a detrimental affect on the
stability of the neighborhood and will hinder redevelopment of nearby properties.
Recommend approval of the Conditional Use request to allow a privately operated
parking lot within the CF (Community Facilities) zoning district, 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,
Objectives and Policies of the Comprehensive Plan.
Attachments:
[3 Location Map
[3 Site Plan
Report prepared by: Ron Ho,q.qard, Senior Planner
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