Ord 83-05
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(
ORDINANCE NO. 83-05
AN ORDINANCE OF THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED AUTOMOTIVE
COMMERCIAL (AC) DISTRICT TO GENERAL
COMMERCIAL (GC) DISTRICT; SAID LAND BEING A
PARCEL LOCATED AT THE NORTHEAST CORNER OF
SOUTH FEDERAL HIGHWAY (U.S. HIGHWAY NO.1) AND
FLADELL'S WAY (AVENUE "F"), AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL
2005"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April 2005, as being zoned General Commercial (GC) District;
and
WHEREAS, at its meeting of November 21, 2005, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
7 to 0 to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of General Commercial (GC) District for
the following described property:
Lots 12 through 22, inclusive, less the West 38 feet thereof, Block 22; Lots 23 through 33,
inclusive, Block 22; all of Block 23, less the West 38 feet thereof; Lots 1 through 10
inclusive, and Lots 57 through 66, inclusive, Block 35; and Lots 12 through 33, inclusive,
Block 36, all lying in Del-Raton Park, according to the plat thereof as recorded in Plat Book
14, Page 9, Public Records of Palm Beach County, Florida.
That portion of Frederick Boulevard lying adjacent to and East of the East line of Lots 11
through 20, Block 23, and Lots 23 through 33, Block 22, and adjacent to and west of the
west line of Lots 1 through to, Block 35, and Lots 12 through 22, Block 36, of "Del-Raton
Park", according to the Plat thereof as recorded in Plat Book 14, Page 9, Public Records of
Palm Beach County, Florida.
That part of the right-of-way of Avenue "E", according to the Plat of "Del-Raton Park"
recorded in Plat Book 14, Page 9, Public Records of Palm Beach County, Florida, said part
being bounded as follows: On the west by the present easterly right-of-way of US Highway
No.1; on the East by the westerly right-of-way line of Florida Boulevard; as shown on said
plat; on the North by Blocks 22 and 36 of said plat by a portion of the abandoned right-of-
way of Frederick Boulevard; on the south by Blocks 23 and 35 of said plat and by a portion
of the abandoned right-of-way of Frederick Boulevard.
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform
with the provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon passage on second
and final reading.
2
ORD NO. 83-05
('
~ PASSED AND ADOPTED in re,gu!ar session on second and final reading on this the
_daYOf~\UI..'L) .20~.
ATTEST
~.~. ~'~\~~;'I
City Clerk
FirstReading \'Z\ \'3 \~
Second Reading \\3\D.t,
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8~fRiA,-
3
ORD NO. 83-05
MEMORANDUM
TO:
FROM:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGERZt;V!
AGENDA ITEM # \0/\ - REGULAR MEETING OF JANUARY 3. 2006
ORDINANCE NO. 83-05 (REZONING - FORMERLY THE RALPH
BUICK DEALERSHIP)
SUBJECT:
DATE:
DECEMBER 30, 2005
This Ordinance is before Commission for second reading and qllasijlldicial hearing for a privately
initiated rezoning from AC (Automotive Commercial) to GC (General Commercial) for a 6.28 acre
parcel, located on the east side of Federal Highway and the west side of Florida Boulevard (formerly
the Ralph Buick Dealership).
The property contains three (3) unoccupied buildings. The change in zoning is to accommodate a
mixed-use development containing 15,000 sq. ft. of retail space and 12,000 sq. ft. of office space
combined with 75 residential townhomes bordering Florida Boulevard. Under the proposed GC
zoning, the residential component of the proposed development will require conditional use
approval which is to be submitted if the rezoning is approved.
On November 21,2005, the Planning and Zoning Board held a public hearing in conjunction with
the request. There were three people from the public who spoke; two in support of the rezoning
and another person supported the rezoning but, desired further explanation of what the future
mixed-use development would include. After reviewing the staff report and discussing the proposal,
the Board voted 7-0 to recommend to the City Commission that the rezoning request be approved.
Staff recommends approval by adopting the findings of fact and law contained in the staff report;
finding that the request is consistent with the Comprehensive Plan; and finding that the request
meets the criteria set forth in the Land Development Regulations (LDR) Section 3.1.1 (Required
Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) (Rezoning
Findings).
At the first reading on December 13, 2005, the City Commission passed Ordinance No. 83-05.
Recommend approval of Ordinance No. 83-05 on second and final reading.
S,\City Cle<k\agenda memos\Ord 8WS Bwck Dealenhip Rezoning 010306
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TO: DAtfu. HA EN CITY MANAGER
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THRU: PAU DORLlNG, DI TOR 9\ P'1~~G AND ZONING
FROM: DERRICK L. COOK, PLANNE~
SUBJECT: MEETING OF DECEMBER 13,2005
CONSIDERATION OF A PRIVATELY SPONSORED REZONING FROM
AC (AUTOMOTIVE COMMERCIAL) TO GC (GENERAL COMMERCIAL)
FOR A 6.28 ACRE PARCEL LOCATED ON THE EAST SIDE OF
FEDERAL HIGHWAY AND THE WEST SIDE OF FLORIDA
BOULEVARD FORMERLY THE RALPH BUICK DEALERSHIP.
The property is the former location of Ralph Buick containing three (3) unoccupied buildings.
The proposal is to change the zoning designation of the property from AC (Automotive
Commercial) to GC (General Commercial). This change in zoning is to accommodate a mixed
use development containing commercial (15,000 S.F. retail and 12,000 S.F. office) combined
with 75 residential town homes bordering Florida Boulevard. Under the proposed GC zoning, the
residential component of the proposed development will require conditional use approval which
is to be submitted if the rezoning is approved.
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At its meeting of November 21, 2005, the Planning and Zoning Board held a public hearing in
conjunction with the GC rezoning request. There were two people from the public that spoke in
support of the rezoning and another person supported the rezoning but desired further
explanation of what the future mixed use development would include. After reviewing the staff
report and discussing the proposal, the Board voted unanimously to recommend approval of the
rezoning request to the City Commission, by adopting the findings of fact and law contained in
the staff report, and a finding that the request is consistent with the Comprehensive Plan, and
meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(0)(5) of the Land Development
Regulations.
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Approve on first reading the rezoning from AC to GC, by adopting the findings of fact and law
contained in the staff report, and a finding that the request is consistent with the Comprehensive
Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(0)(5) of the Land
Development Regulations, with second reading to occur on January 3, 2006.
Attachments: Proposed Ordinance & Planning and Zoning Board Staff Report of November 21, 2005
\~E:
ORDINANCE NO. 83-05
AN ORDINANCE OF THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED AUTOMOTIVE
COMMERCIAL (AC) DISTRICT TO GENERAL
COMMERCIAL (GC) DISTRICT; SAID LAND BEING A
PARCEL LOCATED AT THE NORTHEAST CORNER OF
SOUTH FEDERAL HIGHWAY (U.S. HIGHWAY NO.1) AND
FLADELL'S WAY (AVENUE "F"), AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL
2005"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April 2005, as being zoned General Commercial (GC) District;
and
WHEREAS, at its meeting of November 21, 2005, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
7 to 0 to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of General Commercial (GC) District for
the following described property:
Lots 12 through 22, inclusive, less the West 38 feet thereof, Block 22; Lots 23 through 33,
inclusive, Block 22; all of Block 23, less the West 38 feet thereof; Lots 1 through 10
inclusive, and Lots 57 through 66, inclusive, Block 35; and Lots 12 through 33, inclusive,
Block 36, all lying in Del-Raton Park, according to the plat thereof as recorded in Plat Book
14, Page 9, Public Records of Palm Beach County, Florida.
That portion of Frederick Boulevard lying adjacent to and East of the East line of Lots 11
through 20, Block 23, and Lots 23 through 33, Block 22, and adjacent to and west of the
west line of Lots 1 through 10, Block 35, and Lots 12 through 22, Block 36, of "Del-Raton
Park", according to the Plat thereof as recorded in Plat Book 14, Page 9, Public Records of
Palm Beach County, Florida.
That part of the right-of-way of Avenue "E", according to the Plat of "Del-Raton Park"
recorded in Plat Book 14, Page 9, Public Records of Palm Beach County, Florida, said part
being bounded as follows: On the west by the present easterly right-of-way of US Highway
No.1; on the East by the westerly right-of-way line of Florida Boulevard; as shown on said
plat; on the North by Blocks 22 and 36 of said plat by a portion of the abandoned right-of-
way of Frederick Boulevard; on the south by Blocks 23 and 35 of said plat and by a portion
of the abandoned right-of-way of Frederick Boulevard.
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform
with the provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon passage on second
and final reading.
2
ORD NO. 83-05
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of ,200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3
ORD NO. 83-05
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH
MEETING DATE:
AGENDA ITEM:
ITEM:
November 21, 2005
III.H.
---STAFF REPORT ---
Rezoning from AC (Automotive Commercial) to GC (General Commercial) for a
6.28 acre Parcel of Land Located on the northeast corner of South Federal
Highway and Fladell's Way, formerly Ralph Buick Dealership.
GENERAL DATA:
Owner..................................... Zoberman, LLC
Agent...................................... Weiner & Aronson, P.A.
Applicant................................. New Century Companies, LLC
Location.................................. Northeast corner of South Federal
Highway and Fladell's Way
Property Size.......................... 6.28 Acres
Land Use Map Designation.... Automotive Commercial
Existing City Zoning................ AC (Automotive Commercial)
Proposed City Zoning............. GC (General Commercial)
Adjacent Zoning............North: PC (Planned Commercial)
East: RM (Medium Density Residential)
South: SAD (Special Activities District)
West: AC (Automotive Commercial)
Existing Land Use.................. Vacant buildings
Proposed Land Use................ Rezoning of the parcel from AC to
GC
Water Service......................... Available via connection to an
existing 16" and 10" water main
within Florida Boulevard.
Sewer Service........................ Available via connection to an
existing 8" sewer main within
Florida Boulevard.
1
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The action before the Board is making a recommendation to the City Commission on a
privately-initiated rezoning from AC (Automotive Commercial) to GC (General Commercial),
pursuant to LOR Section 2.4.5(0).
The subject property is located on the east side of Federal Highway and the west side of Florida
Boulevard at 1020 South Federal Highway and measures 6.28 acres.
Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations, the Planning and Zoning
Board shall review and make a recommendation to the City Commission with respect to the
rezoning of any property within the City.
The subject property is located on the east side of Federal Highway and the west side of Florida
Boulevard across from the intersection of Florida Boulevard and Dogwood Drive. The property
is the former location of Ralph Buick, and measures 6.28 acres with 3 existing buildings. The
buildings are not occupied.
The proposal is to change the zoning designation of the property from AC (Automotive
Commercial) to GC (General Commercial). The rezoning would allow the construction of a
mixed-use development.
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 Future Land Use Map (FLUM) designation of GC (General
Commercial and is currently zoned AC (Automotive Commercial). The proposed GC (General
Commercial) is consistent with the GC Future Land Use Map designation, as the GC
designation is identical to the FLUM designation and would allow for mixed-use development.
Based upon the above, positive findings can be made with respect to Future Land Use Map
Consistency.
Concurrencv: 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
III.H.
P & Z Staff Report - November 21, 2005
Ralph Buick - Rezoning from AC to GC
Page 2
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.
The proposal involves amending the zoning designation from AC to GC. The property is
approximately 6.28 acres. The proposed rezoning will have impacts on .adopted concurrency
standards. Concurrency findings with respect to Water and Sewer, Drainage, Parks and
Recreation, Solid Waste, Schools, and Traffic are discussed below:
Water & Sewer: Water and sewer service is currently available to the subject property. The
Delray Beach Water Treatment Plant and the South Central County Waste Water Treatment
Plant both have adequate capacity to serve the City at build out. An existing 16" along Federal
Highway and a 10" water main along Florida Boulevard, and an 8" sewer main are available
along Florida Boulevard. Based upon the above, positive findings can be made with respect to
this level of service standard.
Drainaae: With a rezoning request drainage plans are not required. The storm water retention
will be reviewed during the site plan application process. There are no problems anticipated
with retaining drainage on site and obtaining a South Florida Water Management District permit.
Parks and Recreation: The Open Space and Recreation Element of the City's Comprehensive
Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out
to meet the adopted standards". A park impact fee is collected to offset any impacts that the
project may have on the City's recreational facilities. Pursuant to LOR Section 5.3.2, a park
impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for
each unit for parks and recreation purposes.
Solid Waste: The former use as an automotive dealership produced 440.4 tons of solid waste.
The allowed 75 dwelling units will generate a total of 39.0 tons of solid waste per year (75 units
x 0.52 tons = 18.2 tons). The allowed retail area will produce 79.05 tons of solid waste per year
(15,500 SF x 10.2 = 185,100 Ibs.l2000). The proposed office area will generate 32.4 tons of
solid waste per year (12,000 S.F. x 5.4 = 641,800 Ibs /2000). The combined production of solid
waste is 150.45 tons, which is less waste produced by the former use at the property. The Solid
Waste Authority has indicated that its facilities have sufficient capacity to handle all
development proposals until the year 2021, thus a positive finding with respect to this level of
service standard can be made.
Schools: The Palm Beach County School District must approve the development proposal for
compliance with the adopted Level of Service for School Concurrency. Verification from the
Palm Beach County School District is pending.
Traffic: The applicant needs to provide a site specific traffic study. Based on the average daily
trip volume, Federal Highway could exceed Level of Service "D." The applicant needs to also
provide a traffic impact analysis for Linton Boulevard and S.E. 10th Street intersections.
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.
III.H.
. P & Z Staff Report - November 21, 2005
Ralph Buick - Rezoning from AC to GC
Page 3
Section 3.2.2 (Standards for Rezonina Actions): Standards A and B are not applicable.
The applicable performance standards of Section 3.2.2 are as follows:
(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.
(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 table identifies the zoning designations and uses that are adjacent to the subject
property:
Zonina Desianation:
Use:
North:
South:
Planned Commercial (PC) and Medium
Density Residential (RM)
Special Activities District (SAD) and Medium
Density Residential (RM)
Medium Density Residential (RM)
Automotive Commercial (AC)
Shopping Plaza and Residential
East:
West:
Commercial and Single and Multi-
Family Developments
Multi-Family Developments
Automobile Dealerships
The proposal will rezone 6.28 acres from AC to GC. Since the FLUM designation for the
proposed rezoning property and the surrounding areas to the west, north, and south is GC,
there are no compatibility issues. GC district allows for mixed-use development, which the
applicant desires to develop at the site encompassing commercial (retail and office) combined
with residential. The GC district also conditionally allows free standing multiple family housing
related to the RM standards excluding setback and height requirements. The applicant intends
to seek a conditional use approval to allow free standing multiple family housing at the site,
which would directly coincide with the existing multiple family developments to the east and
southeast of the parcel. The application of the mixed-use development would complement the
existing uses that surround the property that consist of commercial and primarily multiple family
developments. Based upon the above, positive findings with regard to LDR Section 3.2.2(D)
could be made.
Section 2.4.5(D)(5) (Rezonina Findinas);
Pursuant to Section 2.4.5(0)(5) (Findings), in addition to provisions of Chapter 3, the City
Commission must make a finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the following:
a. That the zoning had previously been changed, or was originally established, in
error;
b. That there has been a change In circumstances which make the current zoning
inappropriate;
III.H.
P & Z Staff Report - November 21, 2005
Ralph Buick - Rezoning from AC to GC
Page 4
c. That the requested zoning is of similar intensity as allowed under the Future Land
Use Map and th~t it is more appropriate for the property based upon
circumstances particular to the site andlor neighborhood.
The applicant has submitted a justification statement, which states the following:
"Reasons Band C both apply and are valid reasons for approving a change in the
zoning...Policy A 2.4 of the Future Land Use Element of the Comprehensive Plan indicates that
automotive uses are significant land uses within the City and as such have presented unique
concerns. This rezoning provides the City an opportunity to address and eliminate this unique
concern for this parcel of property. Additionally, the property to the north is a... well maintained
shopping plaza which would be more appropriately served by being a neighbor to a similar type
of development as opposed to a neighboring an automotive dealership.
Object A-1 of the Future land Use Elements of the Comprehensive Plans states that property
shall be redeveloped in a manner so that the use and intensity is appropriate and
complimentary to adjacent land uses and fulfill remaining land use needs. Clearly, a GC zoning
designation would be more complimentary to this shopping plaza and to the residential
properties to the east. Additionally, a GC zoning designation would assist the City in fulfilling the
remaining land use needs of the City of Delray Beach by eliminating an automotive use and
replacing it with a mixed-use project. Furthermore, Objective A-2 of the Future Land Use
Element is to reduce and eventually eliminate uses which are inconsistent with the character of
the City of Delray Beach. This rezoning provides an opportunity to eliminate an automotive use
and replace it with a mixed-use development which will be a great benefit to the entire area.
Additionally, the requested zoning of GC is of similar intensity as allowed under the Future Land
Use Map. In fact, the Future Land Use Map designation is GC consistent with the GC zoning
district. A GC zoning designation is more appropriate for the property based upon the
circumstances particular to the site and/or neighborhood. As stated above, the property to the
east more complementary to this residential type of zoning. In fact, pursuant to the GC zoning
district, free standing multiple family housing subject to the requirements of the RM district
(except for setback and height requirements) are a conditional use. Since the intent of the
rezoning is to develop such free standing multiple family housing to be developed subject to the
requirement of the RM district such rezoning is thus complimentary to the surrounding
residential and commercial properties. Therefore, a GC zoning designation is clearly more
appropriate for the property based upon the circumstances particular to the site and
neighborhood. .. "
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.
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:
Future Land Use Element Obiective A-1: Properly shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate in terms of soil, topographic
and other applicable physical considerations; is complimentary to adjacent land uses;
and fulfills remaining land use needs.
III.H.
P & Z Staff Report - November 21, 2005
Ralph Buick - Rezoning from AC to GC
Page 5
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent
land uses, and fulfills remaining land use needs.
The proposed GC zoning will be complimentary with the current uses surrounding the property
which consist of commercial and primarily multiple family developments. The applicant
development initiative is to introduce a mixed-use project providing commercial and diverse
residential units.
In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan
states the following:
"One of the most important objectives of the City's overall housing policy ;s the
establishment of housing in the downtown area. In the years since adoption of the 1989
Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally
oriented shopping district to a vibrant year-round retail, service, and entertainment area
with an active nightlife. A critical missing element is a significant housing development.
The City recognizes the importance of providing housing in close proximity to shopping,
employment, and transportation, and the need to have a residential base to support the
businesses in the downtown area':
The proposed GC zoning of the subject property will help to fulfill this stated land use need by
allowing residential dwelling units in the along federal highway in close proximity to shopping
and place of work, and is therefore consistent with this policy.
Housina Element Obiective B-2: Redevelopment and the development of new land shall
result in the provision of a variety of housing types which shall continue to
accommodate the diverse makeup of the City's demographic profile, and meet the
housing needs identified in this Element. Policies, which will implement this objective,
include:
Housina Element Policv B-2.2: The development of new adult oriented communities
within the City is discouraged. New housing developments shall be designed to
accommodate households having a range of age, especially families with children, and
shall be required to provide 3 and 4 bedrooms units and activity areas for children
ranging from toddlers to teens.
The proposed GC zoning of the subject property is consistent with Housing Element Policy B-
2.2 as it will allow for a mixed-use development providing a variety of residential units.
Housina Policv A-12.3: In evaluating proposals for new development or redevelopment,
the City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
III.H.
P & Z Staff Report - November 21, 2005
Ralph Buick - Rezoning from AC to GC
Page 6
As presented previously, the GC designation is consistent with the FLUM designation of GC,
which allows mixed-use dev~lopments. The proposed rezoning will allow for the establishment
of a mixed-use development that is compatible with the surrounding commercial and residential
uses. The traffic volume introduced with the potential mixed-use development would coincide
with current traffic volume of the area generate by the commercial and residential aspects of the
area. The property is also located within an area of the City that consists of the traditional
roadway grid network. This network is conducive to traffic distribution, wherein, several diverse
options are available in the navigation of the area. Given the diffusion of vehicle trips, it is
unlikely that adjacent neighborhoods will be negatively impacted by the additional traffic.
In terms of safety, the overall development scheme includes the introduction of new mixed-use
development containing commercial and multiple-family dwellings along Federal Highway that
will likely improve the safety of the area as well as its long term stability. It will introduce further
night time activity and more "eyes" to observe what is happening in the area, which should be a
deterrent to criminal activity. These factors should serve to further stabilize the commercial
aspects of the area and act as a genesis for commercial investment- Based upon the above, a
positive finding can be made with respect to Housing Element Policy A-12.3, that the rezoning
will not have a negative impact on the surrounding area with regard to noise, odors, dust, traffic
volumes, and circulation patterns.
Recreation Facllitv Element Obiectlve A-3: The provIsion of recreation facilities and
programs for the future well-being of this community is a joint responsibility of both
public and private sectors. That partnership shall be continued by each body taking an
appropriate role as expressed in following policies. Policies, which will implement this
objective include:
Recreation Facilities Policv A-3.1: Tots lots and recreational areas, serving children from
toddlers to teens, shall be a feature of all new housing developments as part of design to
accommodate households having a range of ages. This requirement may be waived or
modified for residential developments located in the downtown area, and for infill
projects having fewer than 25 units.
The applicant has proposed rezoning the property to GC to establish a mixed-use development
containing free standing multiple family development containing 75 units. The applicant will
provide recreational amenities to serve the residential component of the development proposal.
Based on the above, a positive finding can be made with respect to Recreation Facility Element
Policy A-3.1.
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 indicated in the rezoning process intend to propose free standing multiple
family housing in the project proposal stage for the site. As noted, free standing multiple family
housing in the GC district is a conditional use. The applicant would need to submit a conditional
use application for development as part of the project proposal. 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.
III.H.
P & Z Staff Report - November 21, 2005
Ralph Buick - Rezoning from AC to GC
Page 7
I
REVIEW BY OTHERS
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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. -
The proposed rezoning from AC to GC is consistent with the goals, objectives and/or policies of
the City's Comprehensive Plan, LOR Sections 2.4.5(0)(5), 3.1.1 and 3.2.2(0). Positive findings
can be made with respect to Concurrency and Compatibility with the surrounding land uses
As discussed previously with regard to LOR Sections 2.4.5(0)(5) and 3.2.2 (C) and (D), the
proposed rezoning of the subject property to GC is appropriate. The subject property is located
within an area containing mixed-use of commercial and residential. The proposed rezoning
would coincide with the current development area and it will also be consistent with the
Comprehensive Plan and FLUM designation of GC. Based upon the above, a recommendation
of approval should be made to the City Commission for the proposed rezoning.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the privately initiated
rezoning from AC to GC for the subject property, by adopting the findings of fact and law
contained in the staff report, and finding that the request is consistent with the
Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0)(5), 3.1.1 and 3.2.2
of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the privately initiated
rezoning from AC to GC for the subject property, by adopting the findings of fact and law
contained in the staff report, and finding that the request is inconsistent with the
Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(0)(5), 3.1.1
and 3.2.2 of the Land Development Regulations.
Move a recommendation of approval to the City Commission for the privately initiated rezoning
from AC to GC for the subject property, by adopting the findings of fact and law contained in the
staff report, and finding that the request is consistent with the Comprehensive Plan and meets
the criteria set forth in Sections 2.4.5(0)(5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
Attachments: LocationlZoning Map
Report prepared by: Derrick L. Cook, Planner
III.H.
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REZONING FOR RALPH BUICK DEALERSHIP
CITY Of DElRAY BEACH, Fl
PLANNING .& ZONING DEPARTMENT
FROM AC ( AUTOMOTIVE COMMERCIAL TO GC (GENERAL COMMERCIAL)
-- DIGITAL BASE MAP SYSTEU --
MAP REF: It.4685
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100
ANNOUNCEMENTS
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LEGAL NOTICES
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A PUBLIC HEARING \ViR be held or 1I1e
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LEGAL NOTICES
OfZ3nyCllnMUilDOOolSUCllmeellng
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AN OROlNANCE OF THE CITY C0M-
MISSION OF THE CITY OF DELAAv
BEACH. R..ORlDA AMENOING APPfN.
DIX "A" OFmE LAND DEVaOf'MEHT
REGUlATiONS. BY .6DDING DIiflNf-
TlONS Of A PUBLIC PARKIHG FACILI-
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LEGAL NOTICES
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ALTERNATIVE PROVISIONS FOR
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lNG, WHEN NOT PROVlOBJ ON-SIlE
PROVIDING FOfI RENUMBERING
PflOVIDING A SAVING ClAUSE. ,A
GENERAL REPEALER ClAUSE, AND
AN EFHClM DATE.
ORIXNANcl:MO.au.os
AA ORDINANCE OF THE CITY GOM-
MISSlOH OFM CfTYOFOtUlAY
Bl'ACH. R.ORIDA REZONING AND
PlACING lAND PRESENTLY ZONED
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---mD-
LEGAL NOTICES
AVl:NUt. A::i MUt\l: /,AHIWLAHLY
DESCRIBED HEREIN; AMENDING
'ZOOING MAP Of DElRAY BEACH
FlORIDA APRIL2OO5"; PROVIDING A
GENERAL AEPE.6LER CLAUSE, A SAV.
h~~ ClAUSE, AND AN EfFECTIVE
OROINANCENO.I1-OS
AN ORDINANCE Of TIlE CiTY COM.
MISSION Of TIlE CITY OF OOAAY
BEACH. R.OAIDA, REZONING AND
PlAClNGlANOPAESffllLYZONED
CENlRAL BUSINESS OIsrnlCT-RAIL-
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TRICT: SAID lAND BEING PA~CELS
LOCATED ON THE EAST AND WEST
SIDESOfSE2NDAVENUE,BElWEEN
SE1STSTREITANDSE2NDSTREET_
AS MORE ..PARTlCULAALY
DESCRIBED HEREIN: AMENDING
"ZONING MAP Of DEU\Ay BEACH
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OOOllWCCE NO. 82.e5
AN OAOlNAtU OF mE cm COM-
MISSION OF THE CITY Of DBRAY
BEACl-l, FlORIDA REZONING AND
PlACING lANO.PRESENTty ZONED
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lOCATED ON TIlE WEST SlOE OF Sf
2ND AVffiUE Af'PRQXIMATaY 76
FEfTSDUTHDFSE1STSTREET,AS
MORE PARTICUlARLY DESCRIBED
HERBN: AMENDING "ZONING MAP OF
DELRAY BEACH_ R.ORIDA. APRIL
2005": PROVIDING A GENERAL
REPEAlER ClAUSE, A. SAVING
ClAUSE, ANO AN EfffCTlVEDATE
ORDIIWlCENQ.83-QS
AN ORDINANCE OF TIlE CITY COM-
MISSION OF TliE CITY Of 08.RAY
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HERBN: AMENDING "ZONING MAPOF
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REPEALER ClAUSE, A SAVING
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Pmse be.advised thai if a..f)eIOO!l
decidestoappealantdecisionmadilby
ltleCllyCommissionwilll~tQany
matlef'oonsider8d.aIlhesetleamgs,
suchper.;onrnayneedtoeosultllhal:a
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PUBUSIt Thurl;,.Oerember22-2005
IlocaRalootUelrayBeachNews
Ad #126178