Ord 52-02ORDINANCE NO. 52-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING LAND
PRESENTLY ZONED R-l-AA (SINGLE FAMILY
RESIDENTIAL) DISTRICT TO CBD (CENTRAL BUSINESS)
DISTRICT; SAID LAND BEING A PARCEL LOCATED ON
THE NORTH SIDE OF SE 4TH STREET,
APPROXIMATFJ.Y 127 FEET EAST OF SE 6TH AVENUE
(NORTHBOUND FEDERAL HIGHWAY), AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 2002";
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 September 2002, as being zoned R-l-AA (Single Family
Residential) District; and
WHEREAS, at its meeting of September 23, 2002, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
5 to 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 CBD (Central Business District) District
for the following described property:
A portion of Block 120, Town of Linton (now Delray Beach), according to the Plat
thereof recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach
County, Florida, more parfic-hrly described as follows:
The East 16.00 feet of the West 143.00 feet of the South 70.00 feet of the South half
of said Block 120.
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are hereby repealed.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,/~.N_ .D Ap.OPTED in session on second and final reading on this the
day of ~~ ,2002.
ATTEST
City Clerk
First Reading~dJ-~
Second Reading~
MAYOR
2 ORD NO. 52-02
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
/
AGENDA ITEM #, [ ~0 ~::,. REGULAR MEETING OF DECEMBER $, 2oo2
ORDINANCE NO, 52-02 (PRIVATELY INITIATED REZONING)
NOVEMBER 27, 2002
This ordinance is before Commission for second reading and a qua~ijudidal hearing for rezoning from
R-I-AA (Single Family Residential) to CBD (Central Business District) for property located on the
north side of S.E. 4m Street, approximately 110' east of S.E. 6~h Avenue (northbound Federal
Highway).
The subject property consists of the west 16' of Lot 28, Block 120 of the Town of Dekay Subdivision
and contains 0.025 acres. The remainder of LOt 28 has a single family residence built in 1934 with a
zoning of R-l-AA and is located in the Marina Historic District. The western 16' contains a driveway
and a canopy attached to the adjacent single family home to the east. The applicant proposes to
incorporate this portion into the Meridian Mixed-Use Development located along the east side of S.E.
6~ Avenue, between S.E. 3'~ and 4~ Streets for parking and landscape areas.
The Planning and Zoning Board held a public hearing in conjunction with the request. After
discussing this proposal, the Board voted 5-0 to recommend that the request be approved, based on
consistency with the Downtown Delray Beach Master Plan and positive findings with respect to
Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
Land Development Regulations (LDR) Section 3.1.1 (Required Findings), LDR Section 2.4.5 02))(5)
(Rezoning Findings), and the goals, objectives, and policies of the Comprehensive Plan; subject to the
condition that a variance application is submitted and granted for the reduction of the rear yard
setback and replacement of parking elsewhere on the property.
At the first reading on October 1, 2002, the City Commission passed the Ordinance No. 52-02
unanimously.
Recommend approval of Ordinance No. 52-02 on second and final reading.
S:\Ciqt Clerk\chevelle folder\agenda memos\Ord.5ZOZ 12.03.02 Rezonmg
TO:
THRU:
FROM:
SUBJECT:
SCOTT D. PAPE, SENIOR PLANNER~ ?~'~
MEETING OF OCTOBER 1, 2002
PRIVATELY INITIATED REZONING FROM R-l-AA (SINGLE FAMILY RESIDENTIAL) TO
CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED ON THE NORTH
SIDE OF SE 4TM STREET~ APPROXIMATELY 110' EAST OF SE 6TM AVENUE
(NORTHBOUND FEDERAL HIGHWAY).
The property consists of the west 16' of Lot 28, Block 120 of the Town of Delray subdivision and contains
0.025 acres. The remainder of Lot 28 contains a historically contributing single family residence (built
1934), which is zoned R-l-AA and located in the Marina Historic District The western 16' contains a
driveway and canopy that is attached to the adjacent single family home to the east. The applicant
proposes to incorporate the western 16' of the subject property into the previously approved mixed use
development known as The Meridian located along the east side of SE 6th Avenue (northbound Federal
Highway), between SE 3~d and 4th Streets, for parking and landscape areas.
This rezoning is being processed concurrently with a Future Land Use Map amendment from LD (Low
Density Residential 0-5 units per acre) to CC (Commercial Core), which is part of the City's Comprehensive
Plan Amendment 2002-02. The Comprehensive Plan Amendment Transmittal Hearing is also scheduled
for the October Ist City Commission meeting. Second reading of the rezoning ordinance will occur in
conjunction with adoption of the Comprehensive Plan Amendment anticipated in December.
It is noted that the conveyance of the 16'-wide parcel will create a nonconformity with respect to the rear
setback of the house. A condition of the Rezoning and FLUM amendment is that a variance application is
submitted and approval granted (by the Historic Preservation Board) to reduce the rear setback and that the
parking associated with the residence is relocated elsewhere on the property. Additional background and
an analysis of the FLUM amendment and rezoning are provided in the attached Planning and Zoning Board
staff report.
At its meeting of September 23, 2002, the Planning and Zoning Board held a public hearing in conjunction
with the Rezoning and FLUM amendment requests. After reviewing the staff report and discussing the
proposal, the Board unanimously voted 5-0 (Krall and Pike absent) to recommend that the requests be
approved, based on consistency with the Downtown Delray Beach Master Plan and positive findings with
respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals,
Objectives, and Policies of the Comprehensive Plan, subject to the condition that a variance application is
submitted and granted for the reduction of the rear yard setback and replacement of parking elsewhere on
the property.
By motion, approve on first reading the ordinance for the proposed Rezoning from R-l-AA (Single Family
Residential) to CBD (Central Business District) based on the findings and recommendations by the Planning
and Zoning Board. / 2~.--~
Attachments: P & Z Staff Report of September 23, 2002 & Ordinance by Others
ORDINANCE NO. 52-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING LAND
PRESENTLY ZONED R-l-AA (SINGLE FAMILY
RESIDENTIAL) DISTRICT TO CBD (CENTRAL BUSINESS)
DISTRICT; SAID LAND BEING A PARCFJ. LOCATED ON
THE NORTH SIDE OF SE 4TH STREET,
APPROXIMATELY 127 FEET EAST OF SE 6TH AVENUE
(NORTHBOUND FEDERAL HIGHWAY), AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DF.I.RAY BEACH, FLORIDA, 2002";
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 February, 2002, as being zoned R-I-AA (Single Family
Residential) District; and
WHEREAS, at its meeting of September 23, 2002, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
5 to 0 to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHERF.&S, it is appropriate that the Zoning District Map of the City of Dekay Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DFJ.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Dekay Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of CBD (Central Business District) District
for the following described property:
A portion of Block 120, Town of Linton (now Delray Beach), according to the Plat
thereof recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach
County, Florida, more particularly described as follows:
The East 16.00 feet of the West 143.00 feet of the South 70.00 feet of the South half
of said Block 120.
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 mediately upon passage on second
and final reading.
PASSED AND ADOPTED in reg,,i~r session on second and final reading on this the
day of ., 2002.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2 ORD NO. 52-02
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
September 23, 2002
IV. E.'
Future Land Use Amendment From LD (Low Density Residential 0~5 du/ac) To CC
(Commercial Core) and Rezoning From R-l-AA (Single Family Residential) To CBD
(Central Business District) For a Parcel of Land Associated With the Meridian
Mixed-Use Development.
GENERAL DATA:
Owner/Applicant .......................... Mallory II, LLC
Agent .......................................... Ironwood Properties, Inc.
Location ...................................... North Side of SE 4t~ Street,
Approximately 127 Feet East
of SE 6th Avenue
(Northbound Federal
Highway)
Property Size .............................. 0.025 Acres
Future Land Use Map ................ LD (Low Density Residential 0-5
Du/Acre)
Proposed FLUM ........................ CC (Commercial Core)
Current Zoning ............................ R-l-AA (Single Family
Residential)
Proposed Zoning ........................ CBD (Central Business
District)
Adjacent Zoning ................ North: CBD (Central Business
East:
South:
West:
Existing Land Use ......................
Proposed Land Use ....................
Water Service .............................
Sewer Service .............................
District)
R-l-AA (Single Family
Residential)
GC (General Commercial) &
R-l-AA (Single Family
Residential)
CBD (Central Business
District)
Single Family Residence
Parking associated with the
construction of mixed use
development that consists of
22 townhouses and 23,228
square feet of office space.
Existing on site.
Existing on site.
- j
IV,E.
The action before the Board is that of making a recommendation to the City
Commission on a privately sponsored Future Land Use Map (FLUM) Amendment from
LD (Low Density Residential/0-5 dwelling units per acre) to CC (Commercial Core) and
rezoning from R-l-AA (Single Family Residential - Medium Density) to CBD (Central
Business District) for property located on the north side of SE 4t~ Street, approximately
110' east of SE 6
TM Avenue (Federal Highway).
Pursuant to Section 2.2o2(E) of the Land Development Regulations, the Planning and
Zoning Board shall review and make a recommendation to the City Commission with
respect to FLUM and Rezoning Amendments for any property within the City.
The property is the west 16' of Lot 28, Block 120 of the Town of Delray subdivision and
contains 0.025 acres. The remainder of Lot 28 contains a single family residence and
is zoned R-l-AA. The western 16', which is the subject of the FLUM and Rezoning
applications, is not located in the Marina Histodc District. This portion of the property
contains a driveway and canopy that is attached to the adjacent single family home to
the east. The house on the balance of the property was built in 1934 and is located in
the Marina Historic District oveday and is considered a contributing structure.
At its meeting of December 5, 2000, the City Commission approved a FLUM and
Zoning Map change to the western portion of Block 120 of the Town of Delray
subdivision. These actions change the FLUM designation from GC (General
Commercial) to CC (Commercial Core) and the zoning designation from GC (General
Commercial) to CBD (Central Business District). At its meeting of August 28, 2002 the
Site Plan Review and Appearance Board approved a site plan for a mixed use
development consisting of 22 townhouses and 20 offices known as The Meridian. The
applicant proposes to incorporate the western 16' of the subject property into this
development to be used for parking and landscape area.
This Future Land Use Map Amendment is being processed pursuant to the twice a year
statutory limits for consideration of plan amendments (F.S. 163.3187) as part of
Comprehensive Plan Amendment 2002-02.
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,
Planning and Zoning Board Sta...,eport
The Meridian - FLUM Amendment and Rezoning
Page 2
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 proposed parking and landscape area is allowed as an accessory use to the
approved mixed use development known as The Meridian in the CBD (Central
Business District) zoning district. The CBD zoning district is consistent with the
proposed Commercial Core Future Land Use Map designation.
The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive
Plan Consistency and Compliance with the Land Development Regulations are
discussed below.
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
(FLUM) must be based upon the findings listed below, and must be supported by
data and analysis that demonstrate compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The
need must be based upon circumstances such as shifts in demographic
trends, changes in the availability of land, changes in the existing character
and FLUM designations of the surrounding area, fulfillment of a
comprehensive plan objective or policy, annexation into the municipal
boundaries, or similar circumstances. The need must be supported by data
and analysis verifying the changing demographics or other circumstances.
This requirement shall not apply to requests for the FLUM designations of
Conservation or Recreation and Open Space; nor shall it apply to FLUM
changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
As noted in the Background section of this report, the FLUM designations of the
properties to the west were recently changed to Commercial Core and rezoned to
CBD. These actions were taken in order to extend the downtown area as it was
deemed more appropriate than the existing uses, which were primarily automotive
related. The mixed use project known as The Meridian was approved to the west of
the subject property. The eastern boundary of this project is generally uniform
except for the subject 16' at the southern end. It has been the developer's intention
to incorporate this 16'-wide parcel for additional parking. This action will provide a
uniform boundary along the east side of The Meridian development.
The proposed FLUM amendment will fulfill Future Land Use Element Policy C-4.2,
stated as follows:
Planning and Zoning Board Sta,, .<aport
The Meridian - FLUM Amendment and Rezoning
Page 3
Future Land Use Element Poficy C-4.2: A special CBD plan shall be developed
jointly by the CRA and the City. It shall address the maximum development which
can be accommodated in a competitive market while still retaining the 'Village like,
community by-the-sea" character of the CBD. It shall further identify the
infrastructure requirements, including parking, which will be needed to
accommodate such an intensity of development. Such a plan shall be formally
processed as an amendment to the Comprehensive Plan. The plan shall be
instituted under the lead of the Community Redevelopment Agency but conducted
through close participation with the City's Planning and Zoning Department.
The CBD plan has been adopted and is now known as the Downtown Delray Beach
Master Plan (adopted March 19, 2002). The Master Plan indicates that "Increasing
residential density is absolutely crucial to ensure a healthy and lasting life to the
District that will contribute td the vitality of the area." The Master Plan also
encourages the establishment of shared parking in the downtown core area. The
Meridian development participated in the City's shared parking program. However,
despite the shared parking provisions the development is required to contribute six
parking spaces ($72,000) towards the City's in-lieu program. Inclusion of the
subject property will allow the developer to include additional parking spaces on-site
rather than full contribution to the in-lieu program. Therefore, it is appropriate that
the proposed FLUM and Zoning Map designations be applied to the property as they
are consistent with the Master Plan with respect to parking needs in the downtown
area.
Since this Comprehensive Plan policy is furthered by the proposed FLUM
amendment, a positive finding can be made with respect to fulfilling a demonstrated
need.
Consistency - The requested designation is consistent with the goals,
objectives and policies of the most recently adopted Comprehensive Plan.
The proposal is consistent with the policy mentioned above as well as other goals,
objectives and policies of the City's Comprehensive Plan. The FLUM amendment
will also address the following Comprehensive Plan Policy:
Future Land Use Element Policy A-1.2- Zoning changes which would result in
strip commercial development shall be avoided. Where strip commercial
developments or zoning currently exists along an arterial street, consideration
should be given to increasing the depth of the commercial zoning in order to provide
for better project design.
It is recognized that the proposed FLUM and Rezoning will not significantly increase
the depth of The Meridian property. However, it will be sufficient to increase the
amount of on-site parking and reduce the amount of spaces that will be contributed
via the in-lieu fee program.
Concurrency -- Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
Planning and Zoning Board Sta,..<eport
The Meridian - FLUM Amendment and Rezoning
Page 4
The proposal involves the FLUM amendment on a 0.025 acre parcel from LD to CC
and a rezoning from Rol-AA to CBD. With the current FLUM and Zoning Map
designations, the property could not be redeveloped, as it does not meet the
minimum lot size, lot width, lot depth, and lot frontage in the R-l-AA zoning district.
Given the size of the subject property, redevelopment to a use other than the
proposed accessory parking area is unlikely.
Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
Based on the finding by the Planning and Zoning Board and City Commission for
the FLUM and Rezoning for the balance of The Meridian property, the designation
change for the subject property would be compatible with the adjacent single family
neighborhood to the east. The existing surrounding land uses are vacant to the
north, single family residential to the south and east, and mixed use office and
residential (The Meridian) to the west. The FLUM designations of the surrounding
uses are CC (Commercial Core) to the north and west, LD (Low Density Residential
0-5 dwelling units per acre) to the east, and GC (General Commercial) to the south.
The proposed designation change will "square-off" the district boundaries, which are
Commercial Core along the west side of Block 120 and residential along the east
side. Based on the above, a positive finding with respect to compatibility can be
made.
Compliance -- Development under the requested designation will comply with
the provisions and requirements of the Land Development Regulations.
Future redevelopment of the 0.025 acre parcel of land will occur in accordance with
the City's Land Development Regulations during the site plan review process.
Future redevelopment will be directed by the Master Plan, which will comply with the
City's Land Development Regulations. It is noted that the conveyance of the 16'-
wide parcel will create a nonconformity with respect to the rear setback of the single
family residence to the east. The required setback in the R-l-AA zoning district is
10' from the property line. When the property is conveyed to The Meridian, the rear
setback would be approximately 5'. In order to compensate for this nonconformity,
the property owner of the single family residence must apply and be granted a
variance from the Historical Preservation Board. Since the conveyance of the
property will eliminate the driveway and carport of the single family residence, an
alternative parking design must be provided. A condition of the FLUM amendment
is that a variance must be submitted and granted for the rear yard setback and that
alternative parking be provided. Given the above, a positive finding with respect to
compliance with the Land Development Regulations can be made.
Section 3.2.2 (Standards for Rezoninq, Actions): Standards B and E are not
applicable. The applicable performance standards of Section 3.2.2 are as
follows:
Planning and Zoning Board Sra,. ,<eport
The Meridian - FLUM Amendment and Rezoning
Page 5
(A)
The most restrictive residential zoning district that is applicable given
existing development patterns and typical lot sizes shall be applied to
those areas identified as "stable" and "stabilization" on the Residential
Neighborhood Categorization Map. Requests for rezonings to a different
zoning designation, other than Community Facilities, Open Space, Open
Space and Recreation, or Conservation shall be denied.
The property is located within the area identified as stable on the Residential
Neighborhood Categorization Map. The development pattern along SE 6th
Avenue (northbound Federal Highway) is such that the western halves of the
blocks on the east side of the road have been developed as commercial. The
subject property is the only instance where the residential zoning has
encroached onto the western half of the block. The CBD zoning district is the
established zoning classification along the western half of these blocks.
Therefore, residential zoning for this parcel is not appropriate. Therefore, this
policy should not be applicable given the existing development pattern.
(c)
Zoning changes that would result in strip commercial development shall be
avoided. Where strip commercial zoning developments or zoning currently
exists along an arterial street, consideration should be given to increasing
the depth of the commercial zoning in order to provide for better project
design.
The proposed rezoning would designate the 0.025 piece of land as CBD and
thereby slightly increasing the depth of The Meridian property along SE 6th
Avenue (Federal Highway) which is also zoned CBD. The proposed rezoning will
allow The Meridian mixed use development to construct additional parking
spaces thereby reducing the need for in-lieu parking spaces making for a better
office and residential development.
(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 Uses
North CBD
West CBD
South GC
East R-1-A
Atlantic Center Shoppes
Mallory Square townhouses
Single family residences
Single family residences
The proposed rezoning is compatible with the adjacent land uses and consistent
with the development pattern along Federal Highway. As noted, in the
background section of this report, the Planning and Zoning Board and City
Commission made a finding that the CBD zoning district is compatible with the
Planning and Zoning Board Sra...<eport
The Meridian - FLUM Amendment and Rezoning
Page 6
surrounding properties when the properties to the north and west were rezoned
on December 5, 2000.
Section 2.4.5(D){5) {Rezoning Findings):
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:
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.
As noted previously, development pattern along SE 6th Avenue has been established
such that the western half of the blocks have developed as commercial where the
eastern half has been developed as residential. The proposed rezoning to CBD is the
correct zoning designation for the proposed Commercial Core FLUM designation. The
proposed rezoning will "square-off" the zoning boundaries consistent with the remainder
of the block. Therefore, a finding can be made the rezoning fulfills subsections "b" and
The property is not in an area that requires review by the DDA (Downtown Development
Authority).
Community Redevelopment Agency (CRA):
The CRA reviewed the FLUM amendment and Zoning Map change at its meeting of
September 12, 2002 and recommended approval.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of support or objection, if any, will be presented at the
Planning and Zoning Board meeting.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
Planning and Zoning Board St~...<eport
The Meridian - FLUM Amendment and Rezoning
Page 7
· Beach Property Owners
· Via Marina
· PROD
· Presidents Council
The proposed amendments will provide a consistent boundary between the west
(commercial) half of the block and the east (residential) half. It is noted that the
conveyance of the 16'-wide parcel will create a nonconformity with respect to the rear
setback of the house. A condition of the FLUM amendment is that a variance
application is submitted and a variance is granted for the rear setback by the Historic
Preservation Board and that the parking is relocated elsewhere on the property.
Furthermore, the proposed designation changes are consistent with the Downtown
Delray Beach Master Plan. Positive findings can be made with respect to Future Land
Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the
Comprehensive Plan. Positive findings can be made with respect to LDR Section
2.4.5(D)(5) (Rezoning Findings). Therefore, the proposed FLUM amendment and
Rezoning can be recommended for approval based on the findings outlined in this
report.
Ao
Continue with direction.
Recommend to the City Commission approval of the FLUM Amendment and
Rezoning for the subject property, based on consistency with the Downtown
Delray Beach Master Plan and positive findings with respect to Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required
Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; or
Recommend denial of the FLUM Amendment and Rezoning based on a failure
to make positive findings with Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5(D)(5)
(Rezoning Findings) and Section 3.1.1 (Required Findings) of the Land
Development Regulations, with the basis stated.
Recommend to the City Commission approval of the proposed FLUM Amendment from
LD (Low Density Residential 0-5 dwelling units per acre) to CC (Commercial Core),
subject to the condition that a variance application is submitted and granted for the
reduction of the rear yard setback, replacement of parking elsewhere on the property,
and approval of the Rezoning from R-l-AA (Single Family Residential) to CBD (Central
Business District) based on consistency with the Downtown Delray Beach Master Plan
and positive findings with respect to Future Land Use Element Policy A-1.7 of the
Planning and Zoning Board St~ .~,eport-.;.
The Meridian - FLUM Amendment and Rezoning
Page 8
Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required
Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and
Policies of the Comprehensive Plan
Report prepared by: Scott Pape, Senior Planner
Attachments:
· Proposed Future Land Use Map
· Zoning Map
· Survey
S.E.
S.E.
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
--- DIG~I'A~ ~A$£ MAP SYEi'~M --
2ND
ST.
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AREA OF MODIFICATION
THE MERIDIAN
-- REZONING -
FROM: R-l-AA (SINGLE FAMILY RESIDENTIAL)
TO CBD (CENTRAL BUSINESS DISTRICT)
'SKETCH OF SPEt.;iFlC PURPOSE SUR¥[-Y
A PORTION OF BLOCK
TOWN OF LINTON (NOW DEL~Y BF~CH)
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~ 1. "/~IE, SPECJF'IC PURPOSE OF THru SURVEY' I$ TO SHOW
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A PD~ION OF BLDCK 120. ~'N DF U~ON (NDW
D~Y B~H). ACCORDING ~ THE P~T ~EREOF
RECORDED IN P~T BDOK 1. P~E 3 OF ~E PUBLIC
RECORDS OF P~M B~CH ~. ~ORID~ MORE _
P~TICU~RLY D~CRIB~ ~ ~WS: FOR ~E ~R~.
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~D ~DS L~NG IN ~E ~ ~F D~Y B~CH, P~M PRO~IO~ SU~GR ~b MAPPER
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MORE OR ~S.
PRDJ[~ NO: D1--D557~D3 ~H~ 1 OF 1 SH~ UN~ ~ B~S
R~ NAME: X:X~,SU~OS~x,S~3H~lBSU~ IN=ORUA~O~ PUR~DS~ ONLY AND IS N~ V~D
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DE~RIBED HEREIH, ~ENDI~
~1~ ~", ~IDI~ A GE~
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TION 2 ~10(2) 24 -
'PERMIT S', OF
V]DING A GENERAL P,~
MISSION OF
TNN LAND LOCAI~D IN THE
J~CCESS FROM DIXIE HIGHWAY;
FROVIDING A GENERAL REPEN. ER