24-97 ORDINANCE NO. 24-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED POD (PROFESSIONAL AND OFFICE
DISTRICT) AND RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT IN THE NC (NEIGHBORHOOD COMMERCIAL)
DISTRICT; SAID LAND BEING LOCATED AT THE NORTHEAST
CORNER OF SOUTH FEDERAL HIGHWAY AND LA MAT AVENUE,
AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
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, 1994, as being zoned POD (Professional and Office District),
in part, and RM (Medium Density Residential) District, in part; and
WHEREAS, at its meeting of May 19, 1997, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
considered this item at public hearing and voted to recommend that
the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, 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, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of NC (Neighborhood
Commercial) District for the following described property:
The East 77.0 feet of Lots 1 thru 9, inclusive; the
abandoned alley right-of-way lying East of and
adjacent to said Lots 1 thru 9, inclusive; Lots 10
thru 14, inclusive; and Lots 24 thru 27, inclusive;
Block 25, Del-Raton Park, according to the Plat
thereof recorded in Plat Book 14 at Page 9 of the
Public Records of Palm Beach County, Florida.
Containing 1.066 acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ~OPTED in regular session on second and final
reading on ~his the 17th day of June, 1997.
ATTEST:
v_ C~yC~rk /
First Reading June 3, 1997
Second Reading June 17, 1997
- 2 - Ord. No. 24-97
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~ - COLOMBI PROPERTY REZONING -
PLANNING DEPAR'I'MENT FROM: POD (PROFFESSIONAL OFFICE DISTRICT) TO: NC (NEIGHBORHOOD COMMERCIAL)
CITY OF DELRAY BEACH, FL ~ RM (MEDIUM DENSITY RESIDENTIAL)
-- DIGITAL 8AS£ MAP SyCjEM -- MAP REF: LM151
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~W"!
SUBJECT: AGENDA ITEM # l~).~- REGULAR MEETING OF JUNE 17, 1997
SECOND READING AND QUASI-01IDICIAL PUBLIC HEARING FOR
ORDINANCE NO. 24-97 (REZONING FOR THE COLOMBI PROPERTY
AT THE NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY AND LA
MAT AVENUE)
DATE: JUNE 13, 1997
This is second reading and a quasi-judicial public hearing for
Ordinance No. 24-97 which rezones a 1.66 acre parcel of land
known as the Colombi property from POD (Professional and Office
District) , in part (0.81 acre) , and RM (Medium Density
Residential) District, in part (0.85 acre), to NC (Neighborhood
Commercial) District. The subject property is located at the
northeast corner of South Federal Highway and La Mat Avenue in
the Del-Raton Park subdivision.
The rezoning is being requested to allow the existing
nonconforming commercial uses to become conforming, retain the
residential uses and to accommodate other commercial uses allowed
in the NC zoning district. Please refer to the staff report for
additional background and analysis.
The Planning and Zoning Board considered the application at a
public hearing on May 19, 1997. After considering testimony both
for and against the rezoning, the Board voted unanimously to
support staff' s recommendation of approval for rezoning the
westerly portion of the property (Lots 1-14 and 24-27), based on
positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and LDR Section 2.4.5(D)(5).
The Board further voted (6 to 1, Mr. Carbone dissenting) that the
rezoning request for the easterly lots abutting Frederick
Boulevard (Lots 15-23) be denied, based on a failure to make
positive findings with respect to LDR Sections 3.3.2(D) and
2.4.5(D) (5), that the rezoning would not be compatible with the
adjacent and nearby residential land uses and that rezoning these
lots would permit additional commercial encroachment into a
residential area that is undergoing revitalization.
As drafted, Ordinance No. 24-97 contains the legal description
for the entire parcel of land as requested by the applicant. At
first reading, the Commission passed the ordinance to move it to
tonight ' s formal hearing. I recommend that the Planning and
Zoning Board's recommendation be approved and that Ordinance No.
24-97 be amended to include only Lots 1-14 and 24-27, and then
passed and adopted on second and final reading.
ref: agmemo8
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~ 1
SUBJECT: AGENDA ITEM #;~ - REGULAR MEETING OF JUNE 3, 1997
FIRST READING FOR ORDINANCE NO. 24-97 (REZONING FOR THE
COLOMBI PROPERTY/NORTHEAST CORNER OF SOUTH FEDERAL
HIGHWAY AND LA MAT AVENUE)
DATE: MAY 29, 1997
This is first reading for Ordinance No. 24-97 which rezones a
1.66 acre parcel of land known as the Colombi property from POD
(Professional and Office District), in part (0.81 acre), and RM
(Medium Density Residential) District, in part (0.85 acre), to NC
(Neighborhood Commercial) District. The subject property is
located at the northeast corner of South Federal Highway and La
Mat Avenue in the Del-Raton Park subdivision.
The rezoning is being requested to allow the existing
nonconforming commercial uses to become conforming, retain the
residential uses and to accommodate other commercial uses allowed
in the NC zoning district. Please refer to the staff report for
additional background and analysis.
The Planning and Zoning Board considered the application at a
public hearing on May 19, 1997. After considering testimony both
for and against the rezoning, the Board voted unanimously to
support staff's recommendation of approval for rezoning the
westerly portion of the property (Lots 1-14 and 24-27), based on
positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and LDR Section 2.4.5(D) (5).
The Board further voted (6 to 1, Mr. Carbone dissenting) that the
rezoning request for the easterly lots abutting Frederick
Boulevard (Lots 15-23) be denied, based on a failure to make
positive findings with respect to LDR Sections 3.3.2(D) and
2.4.5(D) (5), that the rezoning would not be compatible with the
adjacent and nearby residential land uses and that rezoning these
lots would permit additional commercial encroachment into a
residential area that is undergoing revitalization.
As drafted, Ordinance No. 24-97 contains the legal description
for the entire parcel of land as requested by the applicant. I
recommend that the Commission pass the ordinance on first reading
so that it can be scheduled for a quasi-judicial hearing on June
17, 1997. Should the Commission wish to approve, deny or modify
the ordinance as presented, it should be done subsequent to
accepting testimony and formal consideration at the hearing.
9-0
ref:agmemo8
TO: ~~~i~CITY MANAGER
THRU: ~JA~E~ DO ~I~GuEZ~R
~G AND ZONING
FROM: ~I/I~/F/REY A. COSTELLO /~S4~OR PLANNER
SUBJECT: MEETING OF JUNE 3, 1997
REZONING FROM POD (PROFESSIONAL AND OFFICE
DISTRICT) AND RM (MEDIUM DENSI~ RESIDENTIAL) TO NC
(NEIGHBORHOOD COMMERCIAL) FOR PROPER~ LOCATED
AT THE NORTHEAST CORNER OF SOUTH FEDE~L
HIGHWAY AND ~ MAT AVENUE (COLOMBI PROPERS).
The action requested of the City Commission is that of a.o.oroval on
first reading of an ordinance rezoning a 1.66 acres of land from
POD (Professional and Office District) and RM (Medium Density
Residential) to NC (Neighborhood Commercial) for the (Colombi
Property).
The subject property is located at the northeast corner of South
Federal Highway and La Mat Avenue.
The property contains 4 commercial buildings on the west side of the property
and 3 residential buildings (1 triplex and 2 duplexes) on the east side of the
property. The commercial buildings are currently zoned POD and the residential
buildings are zoned RM. The rezoning to NC is being requested to allow the
existing nonconforming commercial uses to become conforming, retain the
residential uses and to accommodate other commercial uses allowed in the NC
zone district. Staff has recommended that the western portion of the property be
rezoned to NC (Lots 1 - 14 and 24 - 27, Block 25, DeI-Raton Park) and that the
request to rezone the properties abutting Frederick Boulevard be denied (Lots 15
- 23, Block 25, DeI-Raton Park). Additional background and an analysis of the
request is found in the attached Planning and Zoning Board Staff Report.
City Commission Documentation
Meeting of June 3, 1997
Rezoning from POD and RM to NC for the Colombi Property
Page 2
On May 19, 1997, the Planning and Zoning Board held a public hearing in
conjunction with review of the requests. There was public testimony supporting
the rezoning of the western portion of the property to NC, but opposing the
request to rezone the properties abutting Frederick Boulevard, as it would permit
additional commercial encroachment into a residential area that is undergoing
revitalization. After reviewing the staff report and discussing the proposal, the
Board took the following actions:
By Separate Motions:
^. Recommended to the City Commission (7-0 vote) approval of the rezoning
request from POD and RM to NC for Colombi Property {Lots 1 - 14 and 24
- 27, Block 25, DeI-Raton Park) based upon positive findings with respect to
Chapter 3 (Performance Standards) of the Land Development Regulations,
policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5).
B. Recommended to the City Commission (6-1 vote, Carbone dissenting) denial
of the rezoning request from RM to NC for the Colombi Property (Lots 15 -
23, Block 25, DeI-Raton Park), based upon a failure to make positive
findings with respect to LDR Sections 3.3.2(D) and 2.4.5(D)(5), that the
rezoning does not fulfill one of the reasons for which a rezoning should be
sought, and that the rezoning would not be compatible with the adjacent and
nearby residential land uses.
By Separate Motions;
A. Approve the rezoning request from POD and RM to NC for Colombi
Property (Lots 1 - 14 and 24 - 27, Block 25, DeI-Raton Park) based upon
positive findings with respect to Chapter 3 (Performance Standards) of the
Land Development Regulations, policies of the Comprehensive Plan, and
LDR Section 2.4.5(D)(5), and setting a public hearing for May 20, 1997.
B. Deny the rezoning request from RM to NC for the Colombi Property (Lots
15 - 23, Block 25, DeI-Raton Park), based upon a failure to make positive
findings with respect to LDR Sections 3.3.2(D) and 2.4.5(D)(5), that the
rezoning does not fulfill one of the reasons for which a rezoning should be
sought, and that the rezoning would not be compatible with the adjacent and
nearby residential land uses.
Attachments:
· P & Z Staff Report and Documentation of May 19, 1997
· Ordinance by Others
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: May 19, 1997 (Continued from April 28, 1997 meeting)
AGENDA ITEM: ¥i.B.
ITEM: Rezoning from POD (Professional Office District) and RM (Medium
Density Residential) to NC (Neighborhood Commercial) for a Parcel of
Land Located at the Northeast Corner South Federal Highway and La
Mat Avenue (Colombi Property).
GENERAL DATA:
Owner/Applicant ................... Henry Colombi, Trustee
Agent .................................... Doak S. Campbell, III, Esq.
Location ............................... Northeast corner of South
Federal Highway and La Mat
Avenue.
Property Size ........................ 1.66 Acres
Future Land Use Map .......... Transitional
Current Zoning ..................... POD (Professional and Office
District) (0.81 acres) & RM
(Medium Density Residential)
(0.85 acres)
Proposed Zoning .................. NC (Neighborhood
Commercial)
Adjacent Zoning .........North: SAD (Special Activities
District)
East: RM
South: PC (Planned Commercial)
and RM
West: AC (Automotive Commercial)
Existing Land Use ................ 4 existing commercial (3
occupied and 1 vacant) on
the west side of the property,
and 3 residential buildings (a
triplex and 2 duplexes) on the
east side of the property.
Proposed Land Use .............Allow the existing
nonconforming commercial
uses to become conforming,
retain the residential uses,
and to accommodate other
commercial uses allowed in
the NC zone district.
Water Service ...................... Existing on-site.
Sewer Service ...................... Existing on-site.
The action before the Board is that of making a recommendation to
the City Commission on a privately sponsored rezoning from POD
(Professional and Office District) and RM (Medium Density
Residential) to NC (Neighborhood Commercial) for the Colombi
Property, pursuant to Section 2.4.5(D).
The subject property is located on the east side of South Federal
Highway, between La Mat Avenue and Avenue G.
The subject property incorporates Lots 1 - 27, and the abandoned alley right-of-
way lying east of and adjacent to Lots 1-9, and 10 and 27, Block 25, DeI-Raton
Park, and contains 1.66 acres. The west portion of the property contains 4
commercial structures with associated parking areas, and 5 primarily vacant lots.
Two of the buildings are occupied by nonconforming retail uses, one is occupied
by a conforming insurance agency, and the other is currently vacant. The east
portion of the property contains 2 duplexes and a 3-unit multiple family structure.
Pdor to July, 1989, the subject property was in unincorporated Palm Beach
County. On July 25, 1989, the subject property was annexed into the City with
initial zoning designations of GC (General Commercial), in part (Lots 1-12, 26-27
and abandoned alley), and RM (Medium to Medium High Density Dwelling) (Lots
13-25), as part of the annexations conducted via the Enclave Act (via Ordinance
No. 38-89).
With the adoption of a new Citywide Future Land Use Map on November 28,
1989, the Transitional Land Use Map designation was affixed to the subject
property. Thus, the GC zoning on Lots 1-12, 26-27, and the abandoned alley
then became inconsistent with the underlying Transitional Land Use Map
designation. In October 1990, Citywide rezonings were implemented to obtain
consistency between the Zoning and Future Land Use Maps. At that time, the
GC zoned lots were rezoned to PC (Planned Commercial) along with other
commercial properties abutting Federal Highway, directly to the north and south,
while the balance of the property remained zoned RM. However, the PC zoning
designation was inconsistent with the Transitional Land Use Map designation.
In February 1991, as part of the City's annual Comprehensive Plan Amendment
91-1, the owner of Lots 1-5, Block 24, DeI-Raton Park (Mr. Levy) sought a Land
Use change from Transitional to General Commercial, in order to re-establish
auto sales on the property (former Auto Ranch Dealership). On April 22, 1991,
the Planning and Zoning Board recommended approval of the Future Land Use
Map amendment. However, on April 30, 1991, the City Commission denied the
Planning and Zoning Board Staff Report
Colombi Property - Rezoning from POD and RM to NC
Page 2
request. On July 9, 1991, the City Commission initiated a zoning change for
Lots 1-5 from PC to POD (Professional and Office District) or another zoning
designation consistent with the Transitional Land Use Map designation. The
rezoning also included Lots 6-10, Block 24 (Paton property), which were also
previously utilized by the Auto Ranch dealership, and Lots 1-12 and Lots 26 and
27, Block 25 (Colombi property), which contained commercial uses (i.e.
insurance office, limousine service, pool/spa/diving supply retail use).
At its meeting of August 19, 1991, the Planning and Zoning Board
recommended denial of the rezoning from PC to POD, as the Board felt it was
more appropriate to amend the Future Land Use Map to General Commercial
and increase the depth of the commercial properties to allow for a well-planned
commercial development. On September 10, 1991, the City Commission
approved the rezoning from PC to POD.
On October 5, 1992, Barbara and Stanley Levy, owners of the property to the
north (Lots 1-5) filed suit in the Circuit Court of Palm Beach County against the
City of Delray Beach to have the property rezoned for an auto related use. In
order to avoid a trial, the two parties entered into an agreement. On May 14,
1996, a Settlement Agreement between Barbara and Stanley Levy and the City
of Delray Beach was executed which stated that the applicant will seek approval
to establish either (I) vehicle sales, rental and leasing, with no service
component; or (11) a vehicle wash establishment and detailing, with no two uses
being conducted at any one time. The City agreed to process a Future Land
Use Map Amendment and Rezoning to SAD (Special Activities District) with an
attendant site plan. At its meeting of October 1, 1996, the City Commission
approved the associated requests.
Subsequently, on March 17, 1997, the City Commission approved a Future Land
Use Map Amendment, Rezoning to SAD (Special Activities District) and an
attendant site plan for the Paton property at the northeast corner of Federal
Highway and Avenue G to allow vehicle parking (employee, customer, display
and bullpen/inventory) to be used in conjunction with the abutting vehicle sales,
rental and leasing facility on the Levy property.
On March 7, 1997, a request for rezoning the subject property from POD and RM
to NC (Neighborhood Commercial) was submitted and is now before the Board
for action.
The proposal is to change the zoning designation of the property from POD
(Professional and Office District) (0.81 acres) and RM (Medium Density
Residential) (0.85 acres) to NC (Neighborhood Commercial) (1.66 acres). The
Planning and Zoning Board Staff Report
Colombi Property - Re. zoning from POD and RM to NC
Page 3
property contains 4 commercial and 3 residential buildings. The commercial
building at the northwest corner of the site contains Florida No-Fault Insurance;
the centrally located building contains Art of Africa; the building at the southwest
corner of the property contains Pawn and Jewelry Place, Inc., and the building
east of the pawn shop is a vacant building previously occupied by Park Avenue
Limousine. The residential buildings consist of a triplex and 2 duplexes. The
rezoning to NC is being requested to allow the existing nonconforming
commercial uses to become conforming, retain the residential uses and to
accommodate other commercial uses allowed in the NC zone district.
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 use or structures must be allowed in the
zoning district and the zoning district must be consistent with the land use
designation.
The subject property has a Transitional Future Land Use Map designation and is
currently zoned POD, in part, and RM, which are consistent with the Transitional
Land Use Map designation. The proposed NC (Neighborhood Commercial)
zoning district is also consistent with the Transitional Land Use Map designation.
Pursuant to LDR Section 4.4.11(B), limited retail and commercial uses are
permitted within the NC zone district, however, residential uses are not. Based
upon the above, while a positive finding can be made with respect to consistency
between the zoning and land use designations, the existing residential uses are
not allowed in the NC zoning district, and thus, will become nonconforming.
Therefore, it may be appropriate to retain the RM zoning for those properties
containing residential uses.
CONCURRENCY: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be provided pursuant to
levels of service established within the Comprehensive Plan.
Planning and Zoning Board Staff Report
Colombi Property - Rezoning from POD and RM to NC
Page 4
Water & Sewer;
Water service currently exists to the commercial structures via a service
lateral connection to the existing 12" water main within Federal Highway.
Service to the existing residences is accommodated via a service lateral
connection to the 8" main within Frederick Boulevard.
Adequate fire suppression is provided via existing fire hydrants at the
southwest and northwest corners of the site, and along the east side of
Frederick Boulevard.
Sewer service currently exists to the commercial structures via a service
lateral connection to the 8" sewer main within La Mat Avenue. Service to
the existing residences is accommodated via a service lateral connection
to an 8" main within Frederick Boulevard.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's
Water Treatment Plant and the South Central County Waste Water Treatment
Plant for the City at build-out. Based upon the above, positive findings can be
made with respect to this level of service standard.
The site is primarily developed with 4 commercial buildings, 3 residential
buildings and parking areas. Drainage currently sheetflows to impervious areas
located on the site and to adjacent rights-of-ways. The rezoning will not
negatively impact this existing situation. Any future development will need to
comply with SFWMD district requirements.
Traffic:
Under the current POD (0.81 acres) and RM (0.85 acres) zoning designations,
the maximum development potential would be 10,323.72 sq.ft, of office
generating 252 average daily trips and 9 multiple family units generating 63 trips
for a total of 315 average daily trips. However, under the proposed NC zoning
designation a maximum development potential of 18,076 sq.ft, of retail
generating 1,344 average daily trips is possible. This section of Federal
Highway is over capacity and is operating at Level of Service E. With any future
development, submittal of a traffic impact study is required and the proposal will
be required to meet traffic concurrency. The proposed zoning change would
allow intensification of uses which is not encouraged given the existing Level of
Service of this roadway.
Planning and Zoning Board Staff Report
Colombi Property - Rezoning from POD and RM to NC
Page 5
Parks and Recreation:
Pa~k and dedication requirements do not apply to nonresidential uses. Thus,
rezoning the property to NC will have no impact on this level of service standard.
W~h the maximum development potential under the current POD (10,323.72
sq.ff. @ 5.4 Ibs/sq.ft.) and RM (9 multi-family units a 0.52 tons/yr/unit) zoning
designations, trash generated each year would be approximately 32.55 tons.
With the maximum development potential under the proposed NC zoning
designation trash generated would be 65.97 tons (18,076 sq.ft @ 7.3 Ibs/sq.ft.).
Thus, the trash generated may increase. This increase can be accommodated
by existing facilities therefore, a positive finding with respect to this level of
service standard can be made.
CONSISTENCY: Compliance with the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required
findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in the
making of a finding of overall consistency.
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 Ob_iective ^-1 - Vacant property shall be
developed in a manner so that the future use and intensity is appropriate in
terms of soil, topographic, and other applicable physical conditions, is
complementary to adjacent land uses, and fulfills remaining land use
needs.
There are no special physical or environmental characteristics of the land that
would be negatively impacted by the proposed rezoning. The property has been
disturbed with the majority of the property developed with both commercial and
residential uses. It is anticipated that if the rezoning is approved, a site plan
submittal will follow for a new commercial development. The property can be
developed in a manner which will be complementary with the adjacent
commercial properties, and not adversely impact the residential properties to the
east, provided the depth of the commercial zoning does not extend to Frederick
Boulevard. Any future development will be required to meet current code
requirements. Compatibility is discussed further on pages 6 and 7.
Planning and Zoning BoardlStaff Report
Colombi Property - Rezoning from POD and RM to NC
Page 6
Traffic Element Policy C-1.1 - Through and nonresidential traffic travel shall
be limited and/or restricted in stable residential areas.
Based upon the existing site configuration, access to the office/commercial
buildings is taken primarily from a driveway and back-out parking areas on
Federal Highway with access also provided from Avenue G and La Mat Avenue.
Avenue G and La Mat Avenue provide access to the stable residential area east
of the subject property and intersects with Federal Highway, a commercial
corridor to the west. The majority of the traffic associated with the commercial
use, however, will access the site from Federal Highway and vice versa to exit
the site. The residential structures are accessed from Frederick Boulevard.
Under the current situation, access will not change. However, if the residential
properties are rezoned to NC, there is the potential, through the site plan
approval process, to convert the structures for commercial purposes, or to
demolish the structures and construct a new commercial development. As
primary access to the properties abutting Frederick Boulevard would be taken
through the residential area, it seems inappropriate to rezone the residential
properties to NC. Further, the intensification of the commercial uses along
Federal Highway i.e. via the rezoning request would exacerbate the existing
undesirable back-out parking situation. This policy will be further addressed at
the time of site and development plan review of any development proposal. In
order to ensure that direct access through the residential area is not
accommodated, rezoning of the existing residential lots to NC should be denied.
With site development approval of the uses fronting Federal highway alternative
access and parking should be provided.
Section 3.3.2 iStandards for Rezoning Actions): Standards A and B are not
applicable. The applicable performance standards of Section 3.3.2 are as
follows:
(C) Additional strip commercial zoning on vacant properties shall be
avoided. This policy shall not preclude rezonings on land that at the
time of rezoning has improvements on it. Where existing strip
commercial areas or zoning 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 property is currently developed with office/commercial buildings
adjacent to Federal Highway, residential on the east end of the property,
and vacant land in the center. The site is currently owned by one property
owner. The proposal is to rezone the entire block to NC to allow the entire
site to be aggregated for commercial purposes and increase the
property's depth to provide for a well-planned development. The existing
office/commercial buildings on the west side of the property are not well-
Planning and Zoning Board Staff Report
Colombi Property - Rezoning from POD and EM to NC
Page 7
planned with the commercial aspects including parking primarily located
within an 80' strip along the west side of the property. VVhile the proposal
to rezone the entire block to NC would increase the properties average
depth to 334', a well-planned development with an average depth of 207',
could be accommodated if the existing residential uses are excluded from
the rezoning request. VVhile the NC zoning is considered strip commercial
zoning and does include some vacant land, the proposal is to increase the
depth of the commercial zoning 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.
The properties to the north and west are commercial in character and are
zoned SAD (Special Activities District) and AC (Automotive Commercial)
respectively. To the south is zoned PC (Planned Commercial) and RM
(Medium Density Residential) to the south, and RM to the east. The
surrounding land uses are as follows: to the north is Fronrath Vehicle
Sales Rental and Leasing Facility (currently under construction); west is
the Delray Auto Leasing/KIA dealership; south is Quality Lighting and
Accessories, a single family home and a multiple family structure; and, to
the east is a multiple family structure.
Compatibility with the adjacent residential properties to the east and south
is a concern. As previously stated there are existing residences located
along the east side of Frederick Boulevard east of this site and on the
south side of La Mat Avenue. Also, there are existing residences along
both sides of Frederick Boulevard south of the site and a fee-simple
townhouse (triplex) complex is currently under construction at the
southeast corner of La Mat Avenue and Frederick Boulevard, caddie-
corner from the property. As the portion of Frederick Boulevard south of
La Mat Avenue is scheduled to be improved (pavement, drainage and
sidewalks) this fiscal year, it is anticipated that infill residential
development will occur on the vacant lots along Frederick. Improvements
to Frederick Boulevard north of La Mat are identified in the City's five year
roadway improvement program and it is anticipated that development and
redevelopment of the residential lots north of La Mat will follow.
There are regulations in place for nonresidential uses adjacent to the
residential development which require trees every 25 feet along with a
wall or hedge to mitigate impacts. However, it is more appropriate for the
existing residences to remain zoned RM with the installation of the buffer
Planning and Zoning Board Staff Report
Colombi Property - Rezoning from POD and RM to NC
Page 8
to be installed between the residential units and the existing commercial
uses along Federal Highway.
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.
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;
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.
The applicant has submitted a justification statement which states the following:
"The acreage was originally general commercial and was rezoned to
POD. This is incompatible with the surrounding properties and is an
inappropriate use in that area. Because of the zoning, the property
cannot be used in its highest and best purpose for the enhancement of
the general area. Current zoning is leading to diminution in value and
deterioration of the neighborhood. Similar property within 500 feet of the
subject property has commercial zoning with similar uses. The
neighborhood (NC) zoning would not jeopardize the integrity of the
residential neighborhoods adjacent thereto."
Comment: Item "c" appears to be the basis for which the rezoning should be
granted. With regard to the entire property previously being zoned general
commercial, the portion of the subject property currently zoned RM, which
contains the existing residences has never been zoned for commercial purposes.
Also, the POD zoning is not incompatible with the adjacent residential areas,
however, it may be inappropriate given the properties frontage along Federal
Highway and the existing commercial uses. While the applicant's justification
states that the property cannot be used for its highest and best use to enhance
the area, 3 of the 4 existing office/commercial buildings are currently occupied,
with 2 buildings occupied by retail uses including the pawn shop. Also, the
residences have been rented. Thus, the property has been income producing for
Planning and Zoning Board Staff Report
Colombi Property - Rezoning from POD and RM to NC
Page 9
many years, however no improvements have been made to make it aesthetically
pleasing and accessible for potential lessees.
Rezoning of the existing residential structures is inappropriate given the existing
residential neighborhood to the east and south. If the residential structures are
rezoned to NC, there is the potential for similar rezoning requests for residential
properties south of the subject property on the west side of Frederick Boulevard.
VVhile immediately to the north of this block a rezoning to SAD (Special Activities
District) to accommodate vehicle sales was recently approved to the west side of
abandoned Frederick Boulevard, the property owner's auto related use aspect
previously existed to that point.
With regard to the vacant portion of the property west of the north/south alley
(west of the existing residential use), the requested NC zoning is of similar
intensity as allowed under the Future Land Use Map and is more appropriate for
the property based upon circumstances particular to the site and neighborhood.
Based upon the above, if rezoning to NC is approved it should be limited to the
site area west of the north/south alley abutting the existing residences.
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.
Neighborhood Commercial Development Standards Regulations [LDR
Sections 4.4.11(F). (G) and (H). and 4.3.4(K)_1
Site Area:
Pursuant to LDR Sections 4.3.4(K) and 4.4.11(F)(1), the minimum site area is 1
acre and the maximum site area is two acres. The rezoning request involves a
1.66 acre parcel of land. If the lots abutting Frederick Boulevard which contain
the existing residential structures are removed from the rezoning request the,
property will contain 1.06 acres and thus, continue to meet the minimum site
area requirements for the NC zone district.
Minimum Floor Area:
Pursuant to LDR Section 4.4.10(F)(3), any free-standing structure which
accommodates a principal or conditional use shall have a minimum floor area of
4,000 sq.ft. None of the buildings located on this site meet the minimum floor
area requirement, and would thus be nonconforming to this aspect of the code.
Planning and Zoning Board Staff Report
Colombi Property - Rezoning from POD and RM to NC
Page 10
Building Setbacks:
VVithin the NC zone district, the front building setback is 40', the side street and
interior setback is 30', and the rear setback is 10' with 1' added for each foot in
building height higher than 10'.
The residential structures and the two northernmost commercial structures do
not meet the 40' building setback requirement nor the 30' side street setback.
Also, the second commercial building south of the north property encroaches into
the Federal Highway right-of-way. It is noted that under the current POD zoning,
a front and side street setback of 25' is required. While the existing structures
will remain nonconforming, any new construction will need to comply with the
building setback requirements of the NC zone district.
Special Landscape Setbacks:
Pursuant to Section 4.3.4(H)(6)(b) (Special Landscape Setbacks), along Federal
Highway, a single frontage lot with a depth between over 300' requires a 25'
landscape setback. As the average depth of the subject property is 334', a 25'
landscape strip is required. If the rezoning only includes to the west side of the
north/south alley (west of the existing residences), the average depth will be
207', thus requiring a 15' landscape setback.
At the northwest corner of the site, back-out parking exists on both Federal
Highway and Avenue G, and a 5' wide landscape area is provided at the
southwest corner of the site adjacent to an existing parking lot. In conjunction
with the rezoning request, the applicant is executing a Limited Access Easement
Deed which would relate to the west side of the property, adjacent to Federal
Highway. The easement calls for the elimination and replacement of the back-
out parking with landscaping, a time frame for the improvements, and an
easement expiration/termination clause for new development/redevelopment.
Back-out Parking:
Pursuant to Section 4.6.9(D), access to parking spaces shall conform with
minimal aisle standards and include maneuvering area so that a vehicle can
enter and exit the parking area onto a street or alley in a forward manner, except
when the use is a single family or duplex residence; when the parking is adjacent
to an alley; or, when the street is provided within a planned development and the
location of the parking has less than 200 ADT.
Back-out parking spaces currently exist at the northwest corner of the subject
property along Federal Highway and Avenue G. The back-out parking onto
Federal Highway is a major safety concern. In conjunction with the rezoning, the
Planning and Zoning Board Staff Report
Colombi Property - Rezoning from POD and RM to NC
Page 11
applicant proposes to eliminate the existing back-out parking spaces, replace the
asphalt with landscaping, and upgrade the existing parking lot to the rear of the
No Fault Insurance building (northwest corner of the site) to meet current
standards. As previously stated, the applicant is executing a Limited Access
Easement Deed for the removal of the back-out parking.
199:~ I.~ndscape Code Compliance:
Required improvements associated with the 1993 landscape code compliance
ordinance have been installed. The improvements included installation of a
landscape island and handicapped accessible parking space at the northwest
comer of the site, and the installation of hedges and trees on the north side of
the paved parking area on the north side of the site.
The rezoning is not in a geographic area requiring review by the CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority)
or the HPB (Historic Preservation Board).
Public and Courtesy Notices:
Formal public notice has been provided to property owners within a 500 foot
radius of the subject property. In addition, Courtesy notices were provided to the
following homeowner's and neighborhood associations:
13 Tropic Isle
13 Tropic Bay
El Tropic Harbor
Letters of objection, if any, will be presented at the Planning and Zoning Board
meeting.
The rezoning from POD (Professional and Office District) and RM (Medium
Density Residential) to NC (Neighborhood Commercial) is consistent with the
policies of the Comprehensive Plan and Chapter 3 of the Land Development
Regulations. However, in order to ensure compatibility with the residential
properties to the east and south, it is appropriate to retain RM zoning on the lots
abutting Frederick Boulevard (Lots 15 - 23). These lots were never used in the
past for commercial uses nor previously zoned for commercial use. The NC
zoning is more appropriate for the west end of the property as it is of similar
Planning and Zoning Board~Staff Report
Colombi Property - Rezonidg from POD and RM to NC
Page 12
intensity as allowed under the Future Land Use Map and is more appropriate for
the property based upon the existing uses on the property and its frontage along
Federal Highway. Also, allowing the depth of the NC portion to terminate at the
west side of the north/south alley will allow for a well-planned development with
the alley serving as a buffer between the existing residences at the east end of
the property, in addition to other buffering requirements. The improvements
associated with the Limited Access Easement will represent an upgrade to a
property that has been in disrepair and should be an enhancement to the
surrounding areas.
A. Continue with direction.
B. Recommend approval of the rezoning request from POD and RM to NC
for Colombi Property, based upon positive findings with respect to
Chapter 3 (Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and LDR Section
2.4.5(D)(5).
C. Recommend approval of the rezoning request from POD and RM to NC
for Colombi Property (Lots 1 - 14 and 24 - 27, Block 25, DeI-Raton
Park) based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations, policies
of the Comprehensive Plan, and LDR Section 2.4.5(D)(5), and
recommend denial of the rezoning request from POD and RM to NC for
the Colombi Property (Lots 1,5 - 23, Block 25, DeI-Raton Park), based
upon a failure to make positive findings with respect to LDR Sections
3.3.2(D) and 2.4.5(D)(5), that the rezoning does not fulfill one of the
reasons for which a rezoning should be sought, and that the rezoning
would not be compatible with the adjacent and nearby residential land
uses.
D. Recommend denial of the rezoning request from POD and RM to NC for
the Colombi Property, based upon a failure to make positive findings
with respect to LDR Sections 3.3.2(D) and 2.4.5(D)(5), that the rezoning
does not fulfill one of the reasons for which a rezoning should be sought,
and that the rezoning would not be compatible with the adjacent and
nearby residential land uses.
Planning and Zoning Board Staff Report
Colombi Property - Rezoning from POD and RM to NC
Page 13
B_v Se_oarate Motions:
A. Recommend to the City Commission approval of the rezoning request from
POD and RM to NC for Colombi Property (Lots '1 - 14 and 24 - 27, Block
25, DeI-Raton Park) based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations, policies of
the Comprehensive Plan, and LDR Section 2.4.5(D)(5).
B. Recommend to the City Commission denial of the rezoning request from
POD and RM to NC for the Colombi Property (Lots 1 $ - 23, Block 25, Del-
Raton Park), based upon a failure to make positive findings with respect to
LDR Sections 3.3.2(D) and 2.4.5(D)(5), that the rezoning does not fulfill one
of the reasons for which a rezoning should be sought, and that the rezoning
would not be compatible with the adjacent and nearby residential land uses.
Attachments:
E3 Zoning/Location Map
E! Survey
This Report was prepared by: Jeff Costello. Senior planner
Boca Raton News, Friday June 6, 1997
IJ~al Notice~
A ~I-JUD~CI~ ~LIC HEA~-
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AN ORDINANCE ~ THE Cl~ C~
MINION OF THE CITY ~ DEL~Y
BEACh, FLORID~ REZONING AND
P~CING ~ND PRESENTLY
ZONED ~D (PROFE~I~AL AND
OFFICE DISTRICT) AND
(MEDIUM ~NSITY RESIDENTIAL
DISTRICT IN THE NC
(NEIGHBOR~D ~ERCIAL
DISTRICT; ~ID ~ND BEING
~TED AT THE NORTHE~T (OR.
NER OF ~UTH FEDE~L HIG~
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~RE PARTKU~RLY DE-
~R(BEO HEREIN; MENDING
~ONING ~P OF ~L~Y B~C~
FLORIDA, ~; PROVIDING A
GENERAL REPEALER C~USE,
~YING C~USE, AND AN EFFEC-
TIVE ~TE.
AN ORDINANCE ~ THE CITY C~
MISSION OF THE CITY ~ DEL~Y
BEACH, FLORIDA, CHANGING THE
FUTURE ~ND USE ~P DESIG~-
Tl~ FRM C~ERCE TO GEN-
ERAL ~ERCIAL, AND REZO~
FRM MI( (MIXED INDUSTRt-
AND C~ERCiAL) DISTRICT
TO ~ (GEHERAL C~ERCIAL
DISTRICT, FOR LOT 1, ~EN'S
C~RCiAL SUSDiVIS~N,
THE ~E IS ~RE PARTiCU~R-
LY ~RIBED HEREIN, L~TED
AT THE NORTHWEST CORNER OF
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D~ ~; PROVIDING A GENERAL
REPEALER C~SE, A ~VING
~USE, AND AN EFFECTIVE
DATE.
CM ~ ~1 ~ ~ ~ by
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LEGAL VERIFICATION FORM
FILE #: 97-103
PROJECT NAME: COLOMBI REZONING
LEGAL DESCRIPTION:
The East 77.0 feet of Lots 1 thru 9, inclusive; the abandoned alley right-of-
way lying East of and adjacent to said Lots 1 thru 9, inclusive; and Lots 10
thru 27, inclusive, Block 25, DeI-Raton Park, according to the plat thereof
recorded in Plat Book 14 at Page 9 of the Public Records of Palm Beach
County, Florida.
SOURCE of Legal Description: Survey (copy attached)
VERIFICATION REQUEST NEEDED BY: APRIL 25, 1997
LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND
READING:
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY:
LEGCOL