Ord 31-14 (Withdrawn) 5/1/2015 itwebapp/NovusAgenda/Preview.aspx?Item ID=8683&MeetinglD=542
MEMORANDUM
4
A
TO Mayor and City Commissioners
FROM: Donald B. Cooper, City Manager
DATE: December 11, 2014
SUBJECT: AGENDA ITEM 10.C. -MEETING OF JANUARY 20,2015
ORDINANCE NO. 31-14 (SECOND READING/SECOND PUBLIC ORDINANCE NO. 31-14 (SECOND READING/SECOND PUBLIC HEARING)
BACKGROUND
City-initiated rezoning of properties zoned CBD-RC (Central Business District- Railroad Corridor) to
CBD (Central Business District for two areas, with the north area enerall located between N.E. 4th
) generally
Street and N.E. 2nd Street and extending rom the north-south alleyway west of N.E. 3rd Avenue to the
g y y
east of the FEC Railwa ; and, the south area generally located between S.E. 2nd Street and S.E. -7th
y g y
Street, east of and west of the FEC Railway. (THE CITY ATTORNEY HAS REQUESTED THAT
THIS ITEM BE WITHDRA Wv)
DISCUSSION
At the first reading and first public hearing on November 18, 2014, the Commission passed Ordinance
No. 31-14.
RECOMMENDATION
http-.//itwebapp/NovusAgenda/Preview.aspx?Item ID=8683&MeetinglD=542 1/1
ORDRITAXCr V NO 211_14
AN ORDINANCE OF TIDE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED CBD-RC (CENTRAL BUSINESS DISTRICT
RAILROAD CORRIDOR) INTO CBD (CENTRAL BUSINESS DISTRI ),
SAID LAND INCLUDING TWO GROUPS OF LOTS ALONG
FLORIDA EAST COAST RAILWAY, ONE GROUP LOCATED BETWEE
N.E. 2�'° AND N.E. 4rn STREETS AND THE OTHER GROUP
BETWEEN S.E. 2ND AND S.E. 7-'H STREETS, AS MORE P CU R
DESCRIBED HEREIN; AMENDING "ZONING MAP O DEL Y
BEACH, FLORIDA, JANUARY 2012" ACCORDING RO DING
SAVING CLAUSE, A GENERAL REPEALER LA D A
EFFECTIVE DATE.
WHEREAS, the Delay Beach Comprehensive Plan s o enhance D Tray Beach's compact
and vibrant downtown business districts from the Atlantic O n erstate 95 while retaining the
distinctive character of each district; and
WHEREAS, by separate ordinance, the stin nd de o went regulations for the Central
Business District are being reorganized and s tia zodif. to snake those regulations more
understandable to the public,predictable to I nor e or the city to administer; and
WHEREAS,the revised regulati s for the Ztra iness District fully incorporate appropriate
standards for land that has been zone C (Cen B iness District—Railroad Corridor); and
WHEREAS, the property after crib is shown on the Zoning District Map of the City
of Delray Beach, Florida, da rams 012, eing zoned CBD-RC (Central Business District —
Railroad Corridor); and
WHEREAS, at ' meetin Octo r 6, 2014, the PIanning and Zoning Board for the City of
Delray Beach, as L ling Ag considered this item at a public hearing and voted 6 to 0 to
recojnmend that t p pe einaft described be rezoned, based upon positive findings; and
I
A ursuant t rida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting
as the Loca annin envy, ias, determined that the changes are consistent with and further the
objectiv nd p icies 0 . omprehensive Plan; and
the ity Commission of the City of Delray Beach adopts the findings in the
PI 1 d on taff Report; and
S, the City Commission of the City of Delray Beach finds the ordinance is consistent
with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida,
be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELRAY
BEACH,AS FOLLOWS:
1 ORD.NO. 114
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, is hereby amended to
which is illustrated on Exhibit A:
Beginning at the point of intersection of the centerline of S.E. 2nd Street and the centerline of
S.E. lsr Avenue; thence easterly along said centerline to a point of intersection with the centerline
of S.E. 3rd Avenue; thence southerly along said centerline of S. E. 3rd Avenue to a point of
intersection with the easterly projection of the centerline of the east-west a of Block 87,
LINKS ADDITION TO OSCEOLA PARK (according to the Plat thereof as re ded in Plat
Book 1, Page 133 of the Public Records of Palm Beach County, Florida) ewe -ly along
said projection and centerline of said alley to a point of intersection ►fh of the
north-south alley of said Block 87; thence southerly along said center ii and ection thereof,
to a point of intersection with the centerline of S.E. 3rd Street- elite other o a point of
intersection with the westerly projection of the north line of of o 88, o said Plat of
LINKS ADDITION TO OSCEOLA PARK, and the center ' the uth alley of Block
88, of said Plat of LIMNS ADDITION TO OSCEOLA PA e s therly along said
centerline and projection thereof to a point of interse 'on with the ce ine of S.E. 4th Street;
thence westerly along S.E. 4th Street centerline to a p intersection with the west right-of-
way line of the Florida East Coast Railroad; thence so ier said right-of-way line to a
point of intersection with the south property ' of Lot sai at of ANDERSON BLOCK
(according to the Plat thereof as recorded i a ok 22, ge 45 of the Public Records of Palm
Beach County, Florida);thence westerly sai south pr rty line of Lot 5 to the intersection
of the western property boundary line said lat of ANDERSON BLOCK; thence
northerly along said western pro d ne of said lot 5 to the intersection of the
northern property boundary lia f said L o aid Plat of ANDERSON BLOCK; thence
easterly to the intersection o lie herly ex nsion of the centerline of S.E. Ist Avenue; thence
northerly along said torte f S. t Av ue to a point of intersection with the centerline of
S.E. 4th Street; thence aster] ng s terline of S. E. 4th street to a point of intersection
with the centerline on ' n o E. Ist Avenue; thence northerly along said centerline
of S.E. Ist Aven p of into tion with the centerline of S.E. 3rd Street; thence easterly
along said ce e of S. d Sti et to a point of intersection with the southerly projection of
the east lot I' e o 14, Blo 9, of said Plat of TOWN OF LINTON; thence northerly along
said pro' ion and t st lot ine of Lots 14, 13, 12, 11, 10, 9, 8, 7 and 6 to the northeast corner
of Lo 6, ck 79; th westerly along the north lot line of said Lot 6 and the projection
Cher o to a t of int section with the centerline of S.E. 1 s# Avenue; thence northerly along
rd ten dine t oint of beginning.
A
n ing the point of intersection of the centerline of N.E. 4th Street and the northerly
prof n of the centerline of the north-south alley in Block 81, TOWN OF LINTON (according
to the Pat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach
County, Florida); thence in an easterly direction along the centerline of N.E. 4th Street to a point
of intersection with the northerly projection of a line 135 feet west of and parallel with the east lot
line of Lot 1, Block 97, HIGHLAND PARK (according to the Plat thereof as recorded in Plat
Book 2, Page 79 of the Public Records of Palm Beach County, Florida); thence southerly along
said projection and line to a point of intersection with the north lot line of Lot 4, said Block 97;
thence westerly along said lot line to a point of intersection with the centerline of N.E. 3rd Alley;
thence southerly along said centerline to a point of intersection with the westerly projection of the
north lot line of Lot 9 of said Block 97; thence easterly along said projection to a point of
I
2 ORD.NO. 31-14
intersection. with a line 220 feet west of and parallel to the east lot line of said Lot 9; thence
southerly along said line to a point of intersection with the south lot line of said Lot 9; thence
westerly along said lot line to the southwest corner of said Lot 9; thence southerly along the west
lot line of T.ot_1.0,Block 97,to the southwest corner of said Lot 10;thence,easterly along the south
ti1te of said 0 to a point no er y-proj-ectr
Lot 11, Block 97; thence southerly along said projection and the west lot line of Lots 11, 12, 13,
14 and the southerly projection of the west lot line of Lot 14, all of said Block 97, to a point of
intersection with the centerline of N.E. 3rd Street; thence in a southerly direction to the northeast
corner of Lot 14, Block 98, L.R. BENJAMIN'S SUBDIVISION (according to the Plat thereof as
recorded in Plat Book 12, Page 18 of the Public. Records of Pal►n Beach County lorida); thence
in a southerly direction along the east Iot lines of Lots 14, 15, 16, 17, 18, 19, 20, 23 and the
southerly projection of the east line of Lot 23, Block 98, to a point o rsecti with the
centerline of N. E. 2nd Street; thence westerly along said centerline to oil with
the centerline of the north-south alley of Block 82, TOWN OF LIMN (ac ding to t e Plat
thereof as recorded in Plat Book 1, Page 3 of the Public Records o ahn a Florida);
thence northerly along said centerline of Block 82, and the no r .ec n of s centerline,
to a point of intersection with the centerline of N.E. 3rd Stre nee n terly direction to a
point of intersection with the centerline of N.E. 3rd Street an her projection of the
centerline of the north-south alley in Block 81, T OF LIN according to the Plat
thereof as recorded in Plat Book 1, Page 3 of the Publi -ds of Palm each County, Florida)
thence northerly along said centerline, and northerly p ec d centerline to the point of
beginning.
LESS the following described pro erty: northeast corner of Lot 1, L.R.
BENJAMIN'S SUBDIVISION as n Book 12, Page 18 of the Public Records of
Palm Beach County, Florida, a► un on an um earing of S 00 degrees 18' 39" W along the
cast line of Lots 1, 2 and 3 r 0 feet; nne run N 88 degrees 49' 54" W for 94.42 feet;
thence N 09 degrees 45' 3 aloe ine 5 0 feet westerly of as measured at right angles to
the west lines of said is 1 nd 3 .54 feet; thence S 88 degrees 49' 54" E along the
westerly extension no of id Lot 1, L.R. BENJAMIN'S SUBDIVISION, for a
distance of 71.67 o int o inning.
The subj p pert► -e loca d along the F.E.C. Railroad corridor in two general locations; one
appro 1 between 4th Street and N. E. 2nd Street, and the other between S.E. 2nd
Stre d S. th Stree
I
Sec n t e Plar nng and Zoning Director of the said City shall,upon the effective date of this
or ai n Zoning Map of the City of Delray Beach, Florida,to confor►n with the provisions of
Section
Section 4. That should any section or provision of this ordinance, or any paragraph, sentence, or Nvord
thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
validity of the remainder of this ordinance as a whole or part thereof other than the part declared to be
invalid.
3 ORD.NO. 31-14
Section 5. That all ordinances aa-pads of ordinances in conflict herewith are hereby repealed.
Section 6. That this ordinance shall become effective upon its adoption on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this day of
2014.
MAYOR
ATTEST:
First Reading: 11/18/2014
Second Reading:
I.
I
4 ORD.NO. 3 1-14
ORDINANCE NO. 31-14
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED CBD-RC (CENTRAL BUSINESS DISTRICT —
RAILROAD CORRIDOR) INTO CBD (CENTRAL BUSINESS DISTRICT),
SAID LAND INCLUDING TWO GROUPS OF LOTS ALONG THE
FLORIDA EAST COAST RAILWAY, ONE GROUP LOCATED BETWEEN
N.E. 2ND AND N.E. 4TH STREETS AND THE OTHER GROUP LOCATED
BETWEEN S.E. 2ND AND S.E. 7TH STREETS, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, JANUARY 2012" ACCORDINGLY; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the Delray Beach Comprehensive Plan seeks to enhance Delray Beach's compact
and vibrant downtown business districts from the Atlantic Ocean to Interstate 95 while retaining the
distinctive character of each district; and
WHEREAS, by separate ordinance, the existing land development regulations for the Central
Business District are being reorganized and substantially modified to make those regulations more
understandable to the public,predictable to landowners, and easier for the city to administer; and
WHEREAS,the revised regulations for the Central Business District fully incorporate appropriate
standards for land that has been zoned CBD-RC(Central Business District—Railroad Corridor); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City
of Delray Beach, Florida, dated January 2012, as being zoned CBD-RC (Central Business District —
Railroad Corridor); and
WHEREAS, at its meeting of October 6, 2014, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to
recommend that the property hereinafter described be rezoned,based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting
as the Local Planning Agency, has determined that the changes are consistent with and further the
objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent
with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida,
be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELRAY
BEACH,AS FOLLOWS:
1 ORD.NO. 31-14
Section 1. That the recitations set forth above are incorporated herein.
Section I That the Zoning District Map of the City of Delray Beach,Florida, is hereby amended to
reflect a zoning classification of CBD (Central Business District)for the following described property,
which is illustrated on Exhibit A:
Beginning at the point of intersection of the centerline of S.E. 2nd Street and the centerline of
S.E. 1St Avenue;thence easterly along said centerline to a point of intersection with the centerline
of S.E. 3rd Avenue; thence southerly along said centerline of S. E. 3rd Avenue to a point of
intersection with the easterly projection of the centerline of the east-west alley of Block 87,
LINKS ADDITION TO OSCEOLA PARK (according to the Plat thereof as recorded in Plat
Book 1, Page 133 of the Public Records of Palm Beach County, Florida); thence westerly along
said projection and centerline of said alley to a point of intersection with the centerline of the
north-south alley of said Block 87; thence southerly along said centerline and projection thereof,
to a point of intersection with the centerline of S.E. 3rd Street; thence southerly to a point of
intersection with the westerly projection of the north line of Lot 13, Block 88, of said Plat of
LINKS ADDITION TO OSCEOLA PARK, and the centerline of the north-south alley of Block
88, of said Plat of LINNS ADDITION TO OSCEOLA PARK; thence southerly along said
centerline and projection thereof to a point of intersection with the centerline of S.E. 4th Street;
thence westerly along S.E. 4th Street centerline to a point of intersection with the west right-of-
way line of the Florida East Coast Railroad; thence southerly along said right-of-way line to a
point of intersection with the south property line of Lot 5, of said Plat of ANDERSON BLOCK
(according to the Plat thereof as recorded in Plat Book 22, Page 45 of the Public Records of Palm
Beach County, Florida);thence westerly along said south property line of Lot 5 to the intersection
of the western property boundary line of said Lot 5, of said Plat of ANDERSON BLOCK;thence
northerly along said western property boundary line of said lot 5 to the intersection of the
northern property boundary line of said Lot 5, of said Plat of ANDERSON BLOCK; thence
easterly to the intersection of the southerly extension of the centerline of S.E. 1st Avenue; thence
northerly along said centerline of S.E. 1st Avenue to a point of intersection with the centerline of
S.E. 4th Street; thence easterly along said centerline of S. E. 4th street to a point of intersection
with the centerline of the continuation of S.E. 1st Avenue; thence northerly along said centerline
of S.E. 1st Avenue to a point of intersection with the centerline of S.E. 3rd Street;thence easterly
along said centerline of S. E. 3rd Street to a point of intersection with the southerly projection of
the east lot line of Lot 14, Block 79, of said Plat of TOWN OF LINTON; thence northerly along
said projection and the east lot line of Lots 14, 13, 12, 11, 10, 9, 8, 7 and 6 to the northeast corner
of Lot 6, Block 79; thence westerly along the north lot line of said Lot 6 and the projection
thereof to a point of intersection with the centerline of S.E. 1st Avenue; thence northerly along
said centerline to the point of beginning.
AND
Beginning at the point of intersection of the centerline of N.E. 4th Street and the northerly
projection of the centerline of the north-south alley in Block 81, TOWN OF LINTON (according
to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach
County, Florida); thence in an easterly direction along the centerline of N.E. 4th Street to a point
of intersection with the northerly projection of a line 135 feet west of and parallel with the east lot
line of Lot 1, Block 97, HIGHLAND PARK (according to the Plat thereof as recorded in Plat
Book 2, Page 79 of the Public Records of Palm Beach County, Florida); thence southerly along
said projection and line to a point of intersection with the north lot line of Lot 4, said Block 97;
thence westerly along said lot line to a point of intersection with the centerline of N.E. 3rd Alley;
thence southerly along said centerline to a point of intersection with the westerly projection of the
north lot line of Lot 9 of said Block 97; thence easterly along said projection to a point of
2 ORD.NO. 31-14
intersection with a line 220 feet west of and parallel to the east lot line of said Lot 9; thence
southerly along said line to a point of intersection with the south lot line of said Lot 9; thence
westerly along said lot line to the southwest corner of said Lot 9;thence southerly along the west
lot line of Lot 10, Block 97,to the southwest corner of said Lot 10;thence easterly along the south
lot line of said Lot 10 to a point of intersection with the northerly projection of the west lot line of
Lot 11, Block 97; thence southerly along said projection and the west lot line of Lots 11, 12, 13,
14 and the southerly projection of the west lot line of Lot 14, all of said Block 97, to a point of
intersection with the centerline of N.E. 3rd Street; thence in a southerly direction to the northeast
corner of Lot 14, Block 98, L.R. BENJAMIN'S SUBDIVISION (according to the Plat thereof as
recorded in Plat Book 12, Page 18 of the Public. Records of Palm Beach County, Florida);thence
in a southerly direction along the east lot lines of Lots 14, 15, 16, 17, 18, 19, 20, 21, 23 and the
southerly projection of the east line of Lot 23, Block 98, to a point of intersection with the
centerline of N. E. 2nd Street;thence westerly along said centerline to a point of intersection with
the centerline of the north-south alley of Block 82, TOWN OF LINTON (according to the Plat
thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida);
thence northerly along said centerline of Block 82, and the northerly projection of said centerline,
to a point of intersection with the centerline of N.E. 3rd Street;thence in an easterly direction to a
point of intersection with the centerline of N.E. 3rd Street and the southerly projection of the
centerline of the north-south alley in Block 81, TOWN OF LINTON (according to the Plat
thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida)
thence northerly along said centerline, and northerly projection of said centerline to the point of
beginning.
LESS the following described property: Begin at the northeast corner of Lot 1, L.R.
BENJAMIN'S SUBDIVISION as recorded in Plat Book 12, Page 18 of the Public Records of
Palm Beach County, Florida, and run on an assumed bearing of S 00 degrees 18' 39" W along the
east line of Lots 1, 2 and 3 for 137.00 feet; thence run N 88 degrees 49' 54" W for 94.42 feet;
thence N 09 degrees 45' 36" E along a line 50.00 feet westerly of as measured at right angles to
the west lines of said Lots 1, 2 and 3 for 138.54 feet; thence S 88 degrees 49' 54" E along the
westerly extension of and north line of said Lot 1, L.R. BENJAMIN'S SUBDIVISION, for a
distance of 71.67 feet to the Point of Beginning.
The subject properties are located along the F.E.C. Railroad corridor in two general locations; one
approximately between N. E. 4th Street and N. E. 2nd Street, and the other between S.E. 2nd
Street and S.E. 7th Street.
Section 3. That the Planning and Zoning Director of the said City shall,upon the effective date of this
ordinance, amend the Zoning Map of the City of Delray Beach, Florida,to conform with the provisions of
Section 2 hereof.
Section 4. That should any section or provision of this ordinance, or any paragraph, sentence, or word
thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
validity of the remainder of this ordinance as a whole or part thereof other than the part declared to be
invalid.
3 ORD.NO. 31-14
Section 5. That all ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 6. That this ordinance shall become effective upon its adoption on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this day of
2014.
MAYOR
ATTEST:
City Clerk
First Reading:
Second Reading:
4 ORD.NO. 31-14
- r_ �� �� �i,� �p1�11a r ■ - 1i 7l
Iltl_
yr ►
IS�1
ON r ms`s ■ '�i� RE ■ X111ll� l
IN
■ �_
1 ■■pT■■ ■ � � � ■ � ■!_ ■1 ■tip
■'1l all it{I N 1� ■
as
■mss i� fI Nl Imo■l t■. ■■ ■�� ■ �■ ��' ��
.� ■�� � _� �r _� �- ter �_ �- :,r ! . _i� �
_1■ � _" _—_
..I ._ ■�,, ■ �. _ .. . ■ �■ ,_.. ,1.1..,..1. _
oil I ; ■■ �7�
MIN
_■ !■ _s ■1111.1111 ■i �" � ■1�1.�_
■ _■ �I■11111 �_ ��■� -- � l
is 1 111111■ !111111_ I�r1111=► �1111'llr �■ ■ _ ■ 1
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: OCTOBER 6, 2014
AGENDA NO. IV.C.
AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED REZONING TO PLACE
LAND PRESENTLY ZONED CDB-RC (CENTRAL BUSINESS DISTRICT
— RAILROAD CORRIDOR) INTO THE CBD (CENTRAL BUSINESS
DISTRICT). SAID LAND INCLUDING TWO GROUPS OF LOTS ALONG
THE FLORIDA EAST COAST RAILWAY, ONE GROUP LOCATED
BETWEEN N.E. 2ND AND N.E. 4TH STREETS AND THE OTHER
GROUP LOCATED BETWEEN S.E. 2ND AND S.E. 6TH STREETS.
ITEM BEFORE THE BOARD
The action before the Board is that of making a recommendation to the City Commission on a
City-initiated rezoning from CBD-RC to CBD.
Pursuant to Section 2.2.2(E)(6)(b), the Local Planning Agency (Planning & Zoning Board) shall
review and make a recommendation to the City Commission with respect to the rezoning of any
property within the City.
BACKGROUND
The city is currently undergoing a rewrite of the regulations governing development and
redevelopment in the Central Business District. Two companion ordinances were before the
Planning and Zoning Board and were reviewed for a recommendation immediately before this
current ordinance. The first ordinance presented a complete repeal and replacement of the
CBD regulations. The second ordinance included a list of `housekeeping' items necessary as a
result of the first ordinance (cross referencing, referring to specific numerical subsections, etc.)
The subject third ordinance to rezone all properties currently zoned CBD-RC to CBD is the
result of a recommendation included in the re-write. Specifically, the re-write recommended that
the CBD-RC zoning district be renamed to CBD and be listed as a sub-district. The Railroad
Corridor Sub-District, similar to the Beach, Central Core, and West Atlantic Neighborhood sub-
districts will all exist within the Central Business District (CBD).
It is noted that this is a change in name only; the substantive changes that relate to the Railroad
Corridor Sub-District (as well as all other areas zoned CBD) are in the ordinance that repeals
and replaces the current regulations. The geographic area and the allowed uses remain
unchanged.
The Planning and Zoning Board initiated this rezoning at their regular meeting held on
September 15, 2014.
P &Z Board Staff Report meeting of October 6 2014
City-Initiated Rezoning from CBD-RC to CBD
Page 2
ZONING ANALYSIS
REQUIRED FINDINGS
Section 2.4.5(D)(5) (Rezoning Findings):
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. Section 2.4.5(D)(2) lists these reasons:
a. That the zoning had previously been changed, or was originally established, in error;
b. That there has been a change in circumstances which make the current zoning
inappropriate;
C. That the requested zoning is of similar intensity as allowed under the Future Land Use
Map and that it is more appropriate for the property based upon circumstances particular
to the site and/or neighborhood.
Two (2) of the reasons above are found to relate to this rezoning. Per item `b', there has been a
change in circumstances, of sorts. It has been recommended in the draft CBD rewrite to place
the current CBD-RC areas beneath the broader umbrella of CBD, and for these areas to be
considered as sub-districts, identical to how the Beach, Central Core, and West Atlantic
Neighborhoods are currently considered. Therefore, the "circumstance" that supports this
rezoning is the need for these two areas of the downtown to be placed in a more rational
location in the LDRs for ease of understanding, as well as to incorporate these areas as part of
the overall CBD; they're simply too connected to not be given equal treatment consistent with
the other three (3) sub-districts.
Per item `c', the requested zoning is of the same intensity as already allowed under the Future
Land Use Map. As stated in the discussion for item `b', it is more appropriate for the properties
to be rezoned to CBD as a sub-district equal to how the other three (3) sub-districts are treated.
A finding can therefore be made by the City Commission that the rezoning request fulfills the
required reasons for rezoning.
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.
A. 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 subiect properties are designated on the Future Land Use Map as Central Core and
will be unchanged. The zoninq district is being renamed from CBD-RC to CBD, but will
P &Z Board Staff Report meeting of October 6 2014
City-Initiated Rezoning from CBD-RC to CBD
Page 3
retain its identity as a sub-district identical to the Beach, Central Core, and the West
Atlantic Neighborhood. This is a change in name only, a positive finding can be made.
B. 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, including public schools, of the requested land use and/or
development application will not exceed the ability of the City and The School District of
Palm Beach County 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.
There is no change to the allowable densities and intensities in the areas under review.
This is a change in name only, a positive finding can be made.
C. 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 3.2.2
(below), 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.
Section 3.2.2 (Standards for Rezoning Actions):
(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 rezoning to a different zoning designation, other than Community
Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied.
(B) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not
be permitted west of I-95.
(C) Zoning changes that 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.
(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.
(E) Remaining, isolated infill lots within the coastal planning area shall be developed under
zoning which is identical or similar to the zoning of adjacent properties; and, the resulting
development shall be of a design and intensity which is similar to the adjacent
development.
Because this action is a change in name only, no revisions to uses, densities or intensities are
proposed. While there is no direct applicability of these `standards for rezoning actions', it is
noted that reason (D) is supported by the fact that allowed land uses will continue to be
compatible with adiacent and nearby land uses.
P &Z Board Staff Report meeting of October 6 2014
City-Initiated Rezoning from CBD-RC to CBD
Page 4
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable objective is noted:
Objective A-5
The City shall maintain its Land Development Regulations, which shall be regularly reviewed
and updated, to provide timely, equitable and streamlined processes including, but not limited
to, building permit processes for residential developments and to accommodate mixed-use
developments, and other innovative development practices.
This proposed ordinance is the culmination of numerous meetings with staff, stakeholders, and
board members, the public, advisory boards, etc. and reflects a review and update of the LDRs
that elevates the regulations in the downtown more in line with current trends and practices.
The proposed ordinance is the result of a recommendation in the draft LDRs to place the current
CBD-RC zoned areas under the broader umbrella of CBD as a sub-district, identical to the
Beach, Central Core, and West Atlantic Neighborhood. The proposed ordinance is therefore
consistent with this objective.
REVIEW BY OTHERS
The Community Redevelopment Agency (CRA) reviewed the item at their September 23,
2014 meeting and a consensus was reached to recommend approval.
The Parking Management Advisory Board (PMAB) reviewed the item for updates at their
September 23, 2014 meeting; a consensus was reached to recommend approval with
comments at an earlier meeting on July 29, 2014.
The Pineapple Grove Main Street (PGMS) Committee reviewed the item at their September
30, 2014 meeting and reached a consensus to recommend approval with two board members
abstaining due to height concerns (54').
The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their October 2,
2014 meeting and reached a consensus to recommend approval.
The Downtown Development Authority (DDA) will review the item at their October 6, 2014
meeting and their recommendation will be conveyed at the October 6, 2014 special meeting of
the Planning and Zoning Board.
Courtesy Notices:
Courtesy notices have been provided to the following civic and homeowners associations:
• Delray Citizen's Coalition
• Point at Delray Condo
Public Notice:
Formal public notice has been provided to affected property owners, as well as to all property
owners within a 500' radius. In addition, one public notice sign per block face has been posted
in accordance with LDR Section 2.4.2(B)(1)(j)(ii). Letters of objection or support, if any, will be
presented at the Planning and Zoning Board meeting.
P &Z Board Staff Report meeting of October 6 2014
City-Initiated Rezoning from CBD-RC to CBD
Page 5
ASSESSMENT
This item is a change in name only of the current CBD-RC to CBD. The change in the name
requires the item to be processed as a change in zoning designation. Otherwise, densities,
intensities, land uses, etc. remain unchanged.
Tentative dates for City Commission action are November 4, 2014 (First Reading) and
November 18, 2014 (Second Reading).
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Recommend to the City Commission approval of a city-initiated rezoning TO PLACE
LAND PRESENTLY ZONED CBD-RC (CENTRAL BUSINESS DISTRICT— RAILROAD
CORRIDOR) INTO THE CBD (CENTRAL BUSINESS DISTRICT). SAID LAND
INCLUDING TWO GROUPS OF LOTS ALONG THE FLORIDA EAST COAST
RAILWAY, ONE GROUP LOCATED BETWEEN N.E. 2ND AND N.E. 4TH STREETS
AND THE OTHER GROUP LOCATED BETWEEN S.E. 2ND AND S.E. 6TH STREETS,
based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR
Section 3.2.2 (Standards for Rezoning Actions) and LDR Section 2.4.5(D)(5) (Rezoning
Findings).
C. Recommend denial of the privately initiated rezoning TO PLACE LAND PRESENTLY
ZONED CBD-RC (CENTRAL BUSINESS DISTRICT — RAILROAD CORRIDOR) INTO
THE CBD (CENTRAL BUSINESS DISTRICT). SAID LAND INCLUDING TWO
GROUPS OF LOTS ALONG THE FLORIDA EAST COAST RAILWAY, ONE GROUP
LOCATED BETWEEN N.E. 2ND AND N.E. 4TH STREETS AND THE OTHER GROUP
LOCATED BETWEEN S.E. 2ND AND S.E. 6TH STREETS, based on a failure to make
positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section
3.2.2 (Standards for Rezoning Actions) and LDR Section 2.4.5(D)(5) (Rezoning
Findings).
STAFF RECOMMENDATION
Recommend approval to the City Commission of the proposed Rezoning TO PLACE LAND
PRESENTLY ZONED CBD-RC (CENTRAL BUSINESS DISTRICT — RAILROAD CORRIDOR)
INTO THE CBD (CENTRAL BUSINESS DISTRICT). SAID LAND INCLUDING TWO GROUPS
OF LOTS ALONG THE FLORIDA EAST COAST RAILWAY, ONE GROUP LOCATED
BETWEEN N.E. 2ND AND N.E. 4TH STREETS AND THE OTHER GROUP LOCATED
BETWEEN S.E. 2ND AND S.E. 6TH STREETS, based on positive findings with respect to LDR
Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions) and
LDR Section 2.4.5(D)(5) (Rezoning Findings).
Attachments: Draft Ordinance
5/1/2015 Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Terry Stewart, Interim City Manager
DATE: December 5, 2014
SUBJECT: AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF DECEMBER 9, 2014
ORDINANCE NO. 31-14 (SECOND READING/SECOND PUBLIC HEARING
BACKGROUND
This ordinance is before Commission for second reading and second public hearing to
consider a City-initiated rezoning of properties zoned CBD-RC (Central Business District-
Railroad Corridor) to CBD (Central Business District) for two areas, with the north area
generally located between N.E. 4th Street and N.E. 2nd Street and extending from the north-
south alleyway west of N.E. 3rd Avenue to the east of the FEC Railway; and, the south area
generally located between S.E. 2nd Street and S.E. 7th Street, east of and west of the FEC
Railway.
DISCUSSION
At the first reading and first public hearing on November 18, 2014, the Commission passed
Ordinance No. 31-14.
RECOMMENDATION
Recommend approval of Ordinance No. 31-14 on second and final reading.
http://agendas.mydeiraybeach.com/Bluesheet.aspx?ItemID=8671 WeetinglD=540 1/1