Ord 55-01ORDINANCE NO. 55-01
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 FACILITY) DISTRICT; SAID LAND
BEING A PARCEL OF LAND LOCATED ON THE EAST SIDE OF NW
6TH AVENUE, APPROXIMATELY 300' 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 September 24, 2001, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
to recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of CF (Community Facility) District for
the following described property:
The South 50 feet of the North 250 feet of the West 135 feet of Block 20, Town of
Linton (now Delray Beach), according to the Plat thereof, as recorded in Plat
Book 1, Page 3 of the 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 I 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are hereby repealed.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.
P/~.S~D,~ND ADOPTED in regular session on second and final reading on this the /g
City Clerk
First Reading ~~. ~Oo/
Second Reading_~. Jd,t~'ftgO/'
MAYOR
2 ORD NO. 55-01
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~fi~
AGENDA ITEM /O.~ -. REGULAR MEETING OCTOBER 16, 2001
ORDINANCE NO, 55-01 (REZONING ASSOCIATED WITH DONNIE'$
GOLDEN SPOON RESTAURANT)
OCTOBER 12, 2001
This is second reading and a public hearing for Ordinance No. 55-01 which involves a vacant parcel
of land totaling 0.15 acres. The subject property is part of an overall development proposal to
establish a restaurant on the adjacent properties to the east facing NW 5~ Avenue. The proposal is to
utili~.e the subject property for a 13-space parking lot associated with the restaurant. In order to use
the property for parking, the property is being rezoned from its current R-1-A (Single Family
Residential) zoning designation to CF (Community Facilities).
Operation of a privately owned parking lot in the CF zoning district requires conditional use approval
which is being processed concurrently with second reading.
Recommend approval of Ordinance No. 55-01 on second and final reading, based upon the findings
and recommendations of the Planning and Zoning Board.
RefiAgmemo 14. Ord. 55-01.10.16.01
TO:
THRU:
FROM:
PAUL DORLING,,DIREC;iq)R OF PLANNING & ZONING
SCOTT PAPE, SENIOR PLANNER
SUBJECT:
MEETING OF OCTOBER 2, 2001
REZONING FROM R-1-A (SINGLE FAMILY RESIDENTIAL) TO CF (COMMUNITY
FACILITIES) FOR A PARCEL LOCATED ON THE EAST SIDE OF NW 6TM
AVENUE~ APPROXIMATELY 300' NORTH OF WEST ATLANTIC AVENUE TO
ACCOMMODATE A PARKING LOT ASSOCIATED WITH DONNIE'S GOLDEN
SPOON RESTAURANT.
The request involves a vacant parcel totaling 0.15 acres. The subject property is part of an overall
development proposal to establish a restaurant on the adjacent properties to the east on NW 5th
Avenue. The proposal is to utilize the subject property for a 13-space parking lot associated with
the restaurant. In order to use the property for parking, the property is being rezoned from its
current R-1-A (Single Family Residential) zoning designation to CF (Community Facilities).
Operation of a privately owned parking lot in the CF zoning district requires conditional use
approval, which is being processed concurrently 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.
The Planning and Zoning Board held a public hearing on the proposed rezoning at its meeting of
September 24, 2001. Diane Dominguez, Executive Director of the Community Redevelopment
Agency spoke in support of the request. There was no public testimony in opposition to the
request. The Board recommended approval of the rezoning by a vote of 5 to 0 (Randolph and
Shutt absent), based on positive findings with respect to Chapter 3 (Performance Standards) and
Section 2.4.5(D)(5) of the Land Development Regulations, 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 October 16,
2001.
Attachments: P&Z Board Staff Report of October 16, 2001 and Ordinance
ORDINANCE NO. 55-01
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 FACILITY) DISTRICT; SAID LAND
BEING A PARCEL OF LAND LOCATED ON THE EAST SIDE OF NW
6TH AVENUE, APPROXIMATELY 300' 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 September 24, 2001, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
to recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of CF (Community Facility) District for
the following described property:
The South 50 feet of the North 250 feet of the West 135 feet of Block 20, Town of
Linton (now Delray Beach), according to the Plat thereof, as recorded in Plat
Book 1, Page 3 of the 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.
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. 55-01
PLANNING AND ZONING BOARD
---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
September, 24 2001
III. B.
Rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) to
Accommodate an Off-Street Parking Lot, for Donnie's Golden Spoon Restaurant, Located
on the East Side of NW 6~ Avenue, Approximately 300' North of West Atlantic Avenue.
GENERAL DATA:
Owner/Applicant .............
Agent ..............................
Location ..........................
Property Size ..................
Future Land Use Map .....
Current Zoning ................
Proposed Zoning ............
Adjacent Zoning .... North:
Donnie Dobson
Sherry Johnson
Located on the east side of NW 6~
Avenue, approximately 300' north of
West Atlantic Avenue.
0.15 Acres
LD (Low Density Residential 0-5 du/ac.)
R-loA (Single Family Residential)
CF (Community Facilities)
R-1-A (Single Family Residential)
East:
South:
West:
GC (General Commercial)
CF (Community Facilities)
R-1-A (Single Family Residential)
Existing Land Use ...........
Proposed Land Use ........
Water Service .................
Sewer Service .................
Vacant
Rezoning from R-1-A (Single Family
Residential) to CF (Community Facilities)
to Accommodate a 13-space Off-Street
Parking Lot.
An existing 8' water main along NW 6th
Avenue.
Not Applicable
The item before the Board is that of making a recommendation to the City
Commission on a privately sponsored rezoning from R-I-A (Single Family
Residential) to CF (Community Facilities) for Donnie's Golden Spoon
Restaurant, pursuant to LDR Section 2.4.5(D).
Pursuant to Section 2.2.2(E)(6), the Local Planning Agency shall review and
make a recommendation to the City Commission with respect to the rezoning of
any property within the City.
The subject property is part of an overall project consisting of three properties
described by metes and bounds located within Block 20 Town of Linton (now
Delray) plat containing 0.484 acres. The properties are noted on the Palm Beach
County Property Appraisers maps as Lots 13, 19 and 22. The property under
consideration for rezoning is Lot 19 located on the east side of NW 6th Avenue,
approximately 300' north of West Atlantic Avenue and contains approximately
0.15 acres.
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 Block 20 depicts commercial structures on
NW 5th Avenue with parking/single family residential along NW 6th Avenue. The
plan states that the subject property is to be utilized as a parking area, which
supports the commercial use along NW 5th Avenue or existing churches in the
area. The plan also indicates that the existing single family residential uses
could remain as such if no development proposal is submitted.
The subject parcels are currently vacant and there are no previous development
approvals associated with the properties.
In conjunction with this rezoning request, a conditional use application has been
submitted to construct a private parking lot. The applicant has submitted a
zoning district map change, which is now before the Board for action.
Lots 13 and 22 are currently zoned GC (General Commercial). These lots are
not involved with the rezoning request, but will contain the restaurant building
associated with the parking area. The proposal is to change the zoning
designation of Lot 19 from R-1-A (Single Family Residential) to CF (Community
P & Z Board Staff Report
Rezoning from R-1-A to CF for Donnie's Golden Spoon Restaurant
Page 2
Facilities). The rezoning to CF will allow the construction of a 13-space parking
lot and landscaping subject to conditional use approval.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to 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 subject property has a LD (Low Density Residential) Future Land Use Map
designation and is currently zoned R-1-A (Single Family Residential). Pursuant
to LDR Section 4.4.21(A), the proposed CF (Community Facilities) zoning is
consistent with the LD (Low Density Residential) Future Land Use Map
designation. The proposal is to develop the property for a parking lot. Pursuant
to the LDR Section 4.4.21(D)(5), within the CF zone district, special services and
facilities such as privately operated parking lots and garages are allowed as a
conditional use. A conditional use application has been submitted for the
associated private parking lot and is being processed separately. Based upon
the above, a positive finding can be made with respect to consistency with the
Future Land Use Map designation.
Concurrency: Concurrency as defined pursuant to Objective B-2 of the
Future Land Use Element of the Comprehensive Plan must be met and a
determination made that the public facility needs of the requested land use
and/or development application will not exceed the ability of the City to
fund and provide, or to require the provision of, needed capital
improvements in order to maintain the Levels of Service Standards
established in Table CI-GOP-1 of the adopted Comprehensive Plan of the
City of Delray Beach.
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 (0.15 acres), its development for any other use allowed
in the CF district is unlikely. Drainage will be accommodated on site via an
exfiltration system. City facilities, such as water and sewer have sufficient
P & Z Board Staff Report
Rezoning from R-1-A to CF for Donnie's Golden Spoon Restaurant
Page 3
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: A finding of overall consistency may be made even though
the action will be in conflict with some individual performance standards
contained within Article 3.2, provided that the approving body specifically
finds that the beneficial aspects of the proposed project (hence compliance
with some standards) outweighs the negative impacts of identified points
of conflict.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives and policies are noted.
Housinq Element Policy 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.
Analysis:
The proposed parking is bordered on the north and west by single family
residential uses. There is a concem that the lighting and traffic generated by the
parking area may have an adverse impact on these uses. During the conditional
use and site plan review processes, special attention to buffering the parking
area will be necessary to ensure compatibility between uses.
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 City Commission on July 11, 1995 adopted the West Atlantic
Redevelopment Plan. The plan establishes Future Land Use Map designations,
zonings, special development standards, and design guidelines for the
P & Z Board Staff Report
Rezoning from R-1-A to CF for Donnie's Golden Spoon Restaurant
Page 4
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.
WEST ATLANTIC AVENUE REDEVELOPMENT PLAN
The Plan indicates development of the subject property as a parking area to
support the commercial property to the east along NW 5th Avenue.
Consequently, the rezoning to CF is appropriate to further the goal of the Plan to
convert the property.
Section 3.2.2 (Standards for Rezoning Actions): Standards A, B, C and E
are not applicable. The applicable performance standards of Section 3.2.2
are 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:
Direction Zoning
North & West R-1-A
South CF
East GC
Uses
Residential and vacant land
Fire Station #1/Headquarters
Vacant (Proposed Donnie's Golden
Spoon Restaurant)
The proposed parking area will be compatible with the proposed
restaurant and fire station. There is a concern with respect to compatibility
with the residential uses. However, the residential property to the west is
separated by the NW 6th Avenue right-of-way, and there are regulations in
place to mitigate any potential impacts with the adjacent residential
properties to the north with landscaping.
Section 2.4.5¢D)~5) {Rezonin~ Findincls):
Pursuant to Section 2.4.5(D)(5) (Findings), 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 change is being sought.
These reasons include the following:
P & Z Board Staff Report
Rezoning from R-1-A to CF for Donnie's Golden Spoon Restaurant
Page 5
That the zoning had previously been changed, or was originally
established, in error;
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" and "c", based on the following:
The applicant has submitted a justification statement, which states the following:
"Circumstances changed wherein property on NW 5th Avenue can't
accommodate building (restaurant) and proper number of parking spaces."
The CF zoning classification is consistent with the LD (Low Density Residential)
Future Land Use Map designation. The proposed parking area is not inherently
incompatible with a residential area. Considering these facilities are also
associated with uses such as churches, child care centers and health care
services, parking areas are commonly located in residential areas. The
properties along NW 5th Avenue between West Atlantic Avenue and NW 2nd
Street are within a commercial corridor. The commercially zoned properties are
approximately 135' deep (half block). Given this narrow strip of commercial
property, it is difficult to develop property along this corridor and provide
adequate parking and landscaping on site. The West Atlantic Avenue
Redevelopment Plan indicates that the subject propert)~ be developed as parking
to support commercial infill development along NW 5'" Avenue. Therefore, the
rezoning of the property will allow the commercial property fronting NW 5th
Avenue to provide some of its parking on the adjacent property to the west based
on a positive finding with respect to LDR Section 2.4.5(D)(5)(b) and (c).
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on the development proposal.
The applicant has submitted a conditional use application for development of a
privately operated parking lot associated with the relocation of a restaurant
(former Bud's Chicken) to the adjacent property to the east. The review for
compliance with the City's Land Development Regulations will be addressed with
the conditional use application and the subsequent site plan application.
P & Z Board Staff Report
Rezoning from R-1-A to CF for Donnie's Golden Spoon Restaurant
Page 6
The subject property is not in a geographical area requiring review by the HPB
(Historic Preservation Board).
Community Redevelopment Agency
At its meeting of August 9, 2001, the CRA reviewed and recommended approval
of the rezoning request.
Downtown Development Authority
At its meeting of August 15, 2001, the DDA reviewed and recommended
approval of the rezoning request subject to the provision of addition lighting.
West Atlantic Redevelopment Coalition Board
The Board considered the rezoning at its meeting of July 5, 2001. While the
Board did not have a quorum to take formal action, it was the consensus of the
Board members present to support the proposed rezoning. The Board will
reschedule the proposed rezoning at its next meeting in October.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
President's Council
Chamber of Commerce
Northwest Community Improvement Association
West Side Heights
West Settlers Historic
Delray Merchants Association
PROD
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.
The rezoning from R-1-A (Single Family Residential) to CF (Community
Facilities) is consistent with the policies of the Comprehensive Plan and Chapter
3 of the Land Development Regulations. Furthermore, the rezoning will further
the West Atlantic Avenue Redevelopment Plan by allowing the development of
P & Z Board Staff Report
Rezoning from R-1-A to CF for Donnie's Golden Spoon Restaurant
Page 7
the property as a parking area in support of the associated commercial use to the
east. Positive findings can be made with respect to LDR Section 2.4.5(D)(5)
(Rezoning Findings).
A. Continue with direction.
Bo
Recommend approval of the rezoning request from R-1-A to CF for the
subject property, which is associated with Donnie's Golden Spoon
Restaurant, based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations, policies
of the Comprehensive Plan, and LDR Section 2.4.5(D)(5).
Recommend denial of the rezoning request from R-1-A to CF for the
subject property, which is associated with Donnie's Golden Spoon
Restaurant, based upon a failure to make positive findings with respect to
LDR Section 2.4.5(D)(5), that the rezoning does not fulfill one of the
reasons for which a rezoning should be sought.
Recommend to the City Commission approval of the rezoning from R-1-A to CF
for the subject property, which is associated with Donnie's Golden Spoon
Restaurant, based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and LDR Section 2.4.5(D)(5).
Attachments:
I:1 Location/Zoning Map
~ Boundary Survey
Prepared by: Scott Pape, Senior Planner
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PLANNING .~' ZONING DEPARTMENT
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TO:
THRU:
FROM:
SUBJECT:
D~~,~~Y MANAGER
PAUL DORLING, DIR~'OR OF PLANNING AND ZONING
SCOTT D. PAPE, SENIOR PLANNER,~
MEETING OF OCTOBER 16, 2001
CONDITIONAL USE REQUEST TO ESTABLISH A
PRIVATELY
OPERATED PARKING LOT FOR DONNIE'S GOLDEN SPOON
RESTAURANT LOCATED ON THE EAST SIDE OF NW 6TM AVENUE~
APPROXIMATELY 300' NORTH OF WEST ATLANTIC AVENUE.
The request involves a vacant parcel totaling 0.15 acres. The subject property is part of an
overall development proposal to establish a restaurant on the adjacent property to the east
fronting on NW 5th Avenue. The proposal is to utilize the subject property for a 13-space
parking lot associated with the restaurant. In order to use the property for parking, the
property is being rezoned from its current R-1-A (Single Family Residential) zoning
designation to CF (Community Facilities). The operation of a privately owned parking lot in
the CF zoning district requires conditional use approval. 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 conditional use at
its meeting of September 24, 2001. Diane Dominguez, Executive Director of the
Community Redevelopment Agency spoke in support of the request. There was no public
testimony in opposition to the request. The Board recommended approval of the
conditional use by a vote of 5 to 0 (Randolph and Shutt absent), based on 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 Conditional Use request to establish a privately owned parking lot for
Donnie's Golden Spoon Restaurant, based upon positive findings with respect to
Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and
the policies of the Comprehensive Plan, subject to the conditions contained in the staff
report.
Attachment: P&Z Staff Report and Documentation of September 24, 2001
PLANNING AND ZONING BOARD
[IT¥ rlF I]ELRI~¥ B~
MEETING DATE:
AGENDA ITEM:
ITEM:
---STAFF REPORT---
September, 24 2001
III. C.
Conditional Use to Allow a Privately Operated Parking Lot in the CF (Community
Facilities) Zone District, for Donnie's Golden Spoon Restaurant, Located on the East
Side of NW 6th Avenue, Approximately 300' North of West Atlantic Avenue.
GENERAL DATA:
Owner/Applicant .............Donnie Dobson
Agent .............................. Sherry Johnson
Location .......................... Located on the east side of NW 6th
Avenue, approximately 300' north of
West Atlantic Avenue.
Property Size .................. 0.15 Acres
Future Land Use Map ..... LD (Low Density Residential 0-5
du/ac.)
Current Zoning ................ R-loA (Single Family Residential)
Adjacent Zoning ....North: R-1-A (Single Family Residential)
East:
South:
West:
GC (General Commercial)
CF (Community Facilities)
R-1-A (Single Family Residential)
Existing Land Use ...........
Proposed Land Use ........
Water Service .................
Sewer Service .................
Vacant
Conditional use request for the
establishment of a 13-Space Off-Street
Parking Lot.
An existing 8" water main along NW 6th
Avenue.
Not Applicable
MAR~N
[ A N TI C AVE N U E
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 for Donnie's Golden
Spoon Restaurant in the CF (Community Facilities) zoning district, pursuant to LDR
Section 2.4.5(E). An application to rezone the property from R-I~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 subject property is part of an overall project consisting of three properties described
by metes and bounds located within Block 20 Town of Linton (now Delray) plat
containing 0.484 acres. The properties are noted on the Palm Beach County Property
Appraisers maps as Lots 13, 19 and 22. The property under consideration for
conditional use is Lot 19, located on the east side th
of NVV 6 Avenue, approximately
300' north of West Atlantic Avenue and contains approximately 0.15 acres.
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 Block 20 depicts commercial structures on NW 5th Avenue with
parking/single family residential along NW 6th Avenue. The plan states that the subject
property is to be utilized as a parking area, which supports the commercial use along
NW 5t~ Avenue or existing churches in the area. The plan also indicates that the
existing single family residential use could remain as such if no development proposal
is submitted.
The proposal depicts the property as a 13-space parking lot to be used by customers of
the proposed restaurant. 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.
The conditional use request to establish a privately operated parking lot is associated
with a development proposal to relocate a building (Bud's Chicken Restaurant) to the
adjacent property to the east and includes the following:
Construction of a 13-space parking area; and,
Installation of associated landscaping.
Planning & Zoning Staff Report
Conditional Use to Allow a Privately-Operated Parking Lot
Page 2
The hours of operation of the associated restaurant will be 7:00 a.m. to 11:00 p.m.
Monday through Saturday.
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 restaurant that will include a parking lot on the
subject property. Pursuant to LDR Section 4.4.21(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). 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 Donnie's Golden Spoon
Restaurant. 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 Report
Conditional Use to Allow a Privately-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 Atlantic 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.
Analysis:
The West Atlantic Avenue Redevelopment Plan, which was most recently amended in
November of 2000, includes recommendations for development of the subject parcel as
a new parking area for the adjacent commercial property to the east. The proposed
conditional use is consistent with the Plan for the subject property.
Housing Element Policy 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.
Analysis:
The proposed parking area will be compatible with the proposed restaurant and fire
station to the east and south. There is a concern with respect to compatibility with the
residential uses with respect to lighting and traffic generated by the parking area.
Planning & Zoning Staff Report
Conditional Use to Allow a Privately-Operated Parking Lot
Page 4
However, the residential property to the west is separated by the NW 6th Avenue right-
of-way and there are regulations in place to mitigate any potential impacts with the
adjacent residential properties to the north with appropriate landscaping.
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 following zoning designations and uses border the property:
Direction Zoning
North & West R-1-A
South CF
East GC
Uses
Residential and vacant land
Fire Station
Vacant (Proposed Donnie's Golden
Spoon Restaurant)
As noted in the previous analysis of Housing Element Policy A-12.3, there is a concern
with respect to compatibility of the parking area with the adjacent residential units.
However, compatibility between these uses will be achieved by adherence to the City's
landscape requirements, which require installation of a 4.5'-high hedge and trees
planted 25' on-center. Consequently, the parking lot will not have a significant
detrimental effect upon the stability of the neighborhood. The proposed parking area
will allow the infill development of the adjacent restaurant in accordance with the West
Atlantic Avenue Redevelopment Plan.
Lic~htin¢~:
The conceptual plan does not include a photometric plan. Therefore, staff was unable
to determine compliance with the City's illumination standards. The lighting of the
parking area is of principal concern with respect to compatibility with the adjacent
residential neighborhood. The lighting of this parking area must be shielded in order to
eliminate spillage onto the adjacent properties. A condition of approval is attached that
the applicant shall submit a photometric plan that demonstrates compliance with LDR
Section 4.6.8.
Perimeter Landscaping:
Pursuant to LDR Section 4.6.16(H)(3)(e), where any commercial area abut a residential
zoning district or properties in residential use, in addition to requirements established
for district boundary line separators in the zoning code, one tree shall be planted every
25' to form a solid tree. While this requirement is technically for commercial property, it
Planning & Zoning Staff Report
Conditional Use to Allow a Privately-Operated Parking Lot
Page 5
is appropriate to require the additional landscaping including the 4.5'-hedge for the
restaurant parking area located in the CF zoning district. As noted previously, it is
recommended that the parking area be shifted to the south in order to provide the
required five-foot wide landscape strip along the north property line. This will allow a
sufficient planter area to accommodate the required landscaping. This landscaping is
necessary to provide additional buffer for noise and light between the parking area and
adjacent residential property since the future use of these properties is unknown. A
condition of approval is attached that the landscape plan shall be revised to provide the
required trees planted every 25'.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
If the Conditional Use is approved, pursuant to LDR Section 2.4.5(E)(4) a site plan
submittal complying with the Land Development Regulations will be required.
Along with the Conditional Use request, a sketch plan has been submitted and
reviewed by staff. Based upon staff's review of the sketch plan and site
inspections, "Technical Items" were identified which are attached as an Exhibit.
A site plan application for Donnie's Golden Spoon Restaurant (which includes the
parking) has been submitted. The technical items and all other applicable Land
Development Regulations will be addressed during this process. The following
issues affect the site design of the sketch plan and will need to be addressed
during the site plan review process:
"Alley"
There is a 17.24' strip of land that separates the parking area from the restaurant to the
east. This property appears to have been utilized as an informal alley. However, this
property was never dedicated to the public and remains privately owned. The strip of
land does not appear to be owned by the applicant. If control of this property is not
obtained, it will adversely affect the parking lot design between the restaurant and the
subject parking area. Furthermore, the parking area will then become an off-site
parking area, which does not conform to the off-site parking area requirements (300'
pedestrian distance). An agreement would need to be obtained from the City to
acquired pedestrian access onto the Fire Station site in order to maintain the pedestrian
route distance requirement. A condition of approval is attached that the applicant shall
submit documentation regarding the ownership of the 17.24' strip of land that separates
the subject property from the property to the east and that access is provided between
the parking area and the restaurant.
Landscape Island
Pursuant to LDR Section 4.6.16(H)(3)(a), the five-foot wide terminal landscape islands
adjacent to the 17.24' strip of land will not be conforming if the applicant does not
acquire this property. This minimum inside dimension of the landscape island must be
five feet, which will addressed during the site plan review process.
Planning & Zoning Staff Report
Conditional Use to Allow a Privately-Operated Parking Lot
Page 6
The subject property is not in a geographical area requiring review by the HPB (Historic
Preservation Board).
Community Redevelopment A~lency
At its meeting of August 9, 2001, the CRA reviewed and recommended approval of the
rezoning request.
Downtown Development Authority
At its meeting of August 15, 2001, the DDA reviewed and recommended approval of
the rezoning request subject to the provision of additional lighting.
West Atlantic Avenue Redevelopment Coalition (WARC):
The Board considered the rezoning at its meeting of August 8, 2001. While the Board
did not have a quorum to take formal action, it was the consensus of the Board
members present to support the proposed conditional use.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
President's Council
Chamber of Commerce
Northwest Community Improvement Association
West Side Heights
West Settlers Historic
Delray Merchants Association
PROD
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.
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 Report
Conditional Use to Allow a Privately-Operated Parking Lot
Page 7
A. Continue with direction.
Recommend approval of the Conditional Use request for a privately operated
parking lot for Donnie's Golden Spoon Restaurant 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 subject to
conditions.
Recommend denial of the Conditional Use request to for a privately operated
parking lot for Donnie's Golden Spoon Restaurant 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 to the City Commission approval of the Conditional Use request for a
privately operated parking lot for Donnie's Golden Spoon Restaurant 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, subject to the following
conditions:
1. That a site plan modification be submitted which addresses the "Technical Items"
attached in Exhibit "A";
That the applicant shall submit documentation regarding the ownership of the 17.24'
strip of land that separates the subject property from the property to the east and
that access is provided between the parking area and the restaurant.
3. That the landscape strip along the north side of the property shall be widened to
five-feet.
4. That the applicant shall submit a photometric plan that demonstrates compliance
with LDR Section 4.6.8.
5. That the landscape plan shall be revised to provide the required trees planted every
25' along the north side of the property.
Attachments:
[3 Conceptual Plan
El Location Map
Report prepared by: Scott Pape, Senior Planner
Planning & Zoning Staff Report
Conditional Use to Allow a Privately-Operated Parking Lot
Page 8
1. Pursuant to LDR Section 4.6.9(D)(3)(a), the maximum driveway width is 24'. The
t~
dimension of the driveway along NVV 6 Avenue shall be provided on the site plan.
Pursuant to LDR Section 4.6.9(D)(4)(b), a wheel stop or concrete curb is required to
separate parking spaces from landscape areas. A note shall be added to the plans
that identify how the parking spaces will be separated from the landscape areas.
Pursuant to LDR Section 4.6.9(D)(4)(d), the standard aisle width is 24' for two-way
traffic within parking areas. ^ dimension shall be added to the plans regarding the
aisle width adjacent to the compact parking spaces.
The City's typical parking space detail for perpendicular and angled parking
configurations shall be added to the plans in accordance with LDR Section
4.6.9(D)(6)(e).
Pursuant to LDR Section 4.6.9(D)(8)(a), parking areas must be constructed with a
paved surface. A conceptual engineering plan shall be submitted that includes the
construction material of the parking area.
6. The safe sight visibility triangles shall be added to the landscape plan in accordance
with LDR Section 4.6.14.
7. Pursuant to LDR Section 4.6.16(E)(3), parking areas shall be separated from
landscape areas with a type "D" curb.
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