Ord 32-06
ORDINANCE NO. 32-06
AN ORDINANCE OF THE CITI COMMISSION OF THE
CITI OF DELRA Y BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED MEDIUM
DENSITI RESIDENTIAL (RM) DISTRICT TO
COMMUNITI FACILITIES (CF) DISTRICT; SAID LAND
BEING TWO PARCELS LOCATED APPROXIMATELY 57
FEET NORTH OF SW 2ND STREET AND EXTENDING
BETWEEN SW 11TII AVENUE AND SW 12TII AVENUE, AS
MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRA Y BEACH,
FLORIDA, MARCH 2006" 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 March 2006, as being zoned Medium Density Residential (RM)
District; and
WHEREAS, at its meeting of May 15, 2006, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 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 CITI COMMISSION OF THE
CITI 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 Community Facilities (CF) District for
the following described property:
Lots 11 and 23, Block 6, Atlantic Gardens Plat Book 14, Page 63 of the Public Records of
Palm Beach County, Florida
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 remain er hereof as a whole or part thereof other than
the part declared to be invalid.
Section 6. That this ordinance shall becom effective immediately upon passage on second
and final reading.
~ PASSED AND ADOPTED in regular se sion on second and final reading on this the
_ day of ~~ , 20~.
~o: tz
ATTEST
~~~~~~.~,
-
City Clerk
First Reading U\ ~ \ \:)~
Second Reading \..p \dO\ ~
2
ORD NO. 32-06
MEM
M
FROM:
MAYOR AND CITI COMMISSIO ERS
CITI MANAGER t1v1
A ENDA ITEM # lOt:> - RE
ORDINANCE NO. 32-06
TO:
SUBJECT:
DATE:
JUNE 16, 2006
This Ordinance is before Commission for second re ding and quasi-judicial hearing for a City initiated
rezoning from RM (Medium Density Residential) to, CF (Community Facilities) for Lots 11 and 23,
Block 6, Atlantic Gardens, located approximately 57 I feet north of S.W. 2nd Street, between S.W. 11th
th I
Avenue and S.W. 12 Avenue for the Delray Beach rfJeighborhood Resource Center.
The proposed rezoning involves two (2) lots to.."Jg 0.314 acres; Lot 11 was formerly used as a
Police sub-station and Lot 23 is vacant. The fo;::J; Police sub-station would be converted into a
community center for the Neighborhood Resource I Center (NRC). The NRC will be designed to
assist residents with building stronger, safer corpmunities by empowering residents through
workshops to build leadership skills and providing aslsistance to residents that is tailored to the needs
of the community. The proposal also includes the! construction of an off-site parking lot on the
adjacent lot. The subject properties are zoned RN which does not allow community centers as
either a principal or conditional use.
On May 15, 2006, the Planning and Zoning Board held a public hearing in conjunction with the
request. There was no public testimony. After Ireviewing the staff report and discussing the
proposal, the Board voted 4-0 to recommend to th~ 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 :r:j>evelopment Regulations (LDR) Section 3.1.1
(Required Findings), Section 3.2.2 (Standards fori Rezoning Actions), and Section 2.4.5(D)(5)
(Rezoning Findings).
At the first reading on June 6, 2006, the City Commi sion passed Ordinance No. 32-06.
Recommend approval of Ordinance No. 32-06 on s cond and final reading.
S:\City Clerk\agenda memos\Ord 32-06 Atlantic Gardens Rezoning 062006
f,ltf3t.~
FROM:
SUBJECT:
DAVID T.~~ ~N..AGER
PAUL DORLlNG, DIRECTceJF;rLANNING AND, Z.ONING
JASMIN ALLEN, PLANNER J it?/ I~>\ tJ;tf:3,,,,,,-
MEETING OF JUNE 6, 2006/
REZONING FROM RM (MEDIUM DENSITY RESIDENTIAL) TO CF (COMMUNITY
FACILITIES) FOR LOTS 11 AND 23, BLOCK 6, ATLANTIC GARDENS, LOCATED
APPROXIMATELY 57 FEET NORTH OF SW 2ND STREET, BETWEEN SW 11TH
AVENUE AND SW 12TH AVENUE
TO:
THRU:
The proposed rezoning involves two lots (Lots 11 and 23, Block 6, Atlantic Gardens~, totaling 0.314
acres. The parcels are owned by the City of Delray Beach. Lot 11 (141 SW 12 h Avenue) was
formerly used as a police sub-station and Lot 23 is vacant. The City is converting the former police
sub-station building to a community center for the Neighborhood Resource Center. The
Neighborhood Resource Center is designed to assist residents with building stronger, safer
communities by empowering residents through workshops to build leadership skills and providing
other assistance. The proposal includes the construction of an off-site parking lot on the adjacent
vacant lot to the east (Lot 23). The subject properties are zoned RM (Medium Density Residential)
which does not allow community centers as either a principal or conditional use. The proposed
rezoning to CF (Community Facilities) would allow community uses, such as community centers
and public parking lots as a principal (permitted) use. Additional background and an analysis of the
request are found in the attached Planning and Zoning Board Staff Report.
At its meeting of May 15, 2006, the Planning and Zoning Board held a public hearing in conjunction
with the request. There was no public testimony in support of, or opposition to the proposal. After
reviewing the staff report and discussing the proposal, the Board voted 4-0 to recommend to the
City Commission approval of the rezoning, 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(D)(5) of the Land Development Regulations.
Move approval of the rezoning from RM to CF, 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 the
Southwest Area Neighborhood Redevelopment Plan, and meets the criteria set forth in Sections
3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations, with second reading to occur
on June 20, 2006
Attachments: Proposed Ordinance & Planning and Zoning Board Staff Report of May 15, 2006
}~
ORDINANCE NO. 32-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED MEDIUM DENSITY RESIDENTIAL (RM)
DISTRICT TO COMMUNITY FACILITIES (CF) DISTRICT; SAID
LAND BEING TWO PARCELS LOCATED APPROXIMATELY 57
FEET NORTH OF SW 2ND STREET AND EXTENDING BETWEEN SW
11 TH AVENUE AND SW 12TH AVENUE, AS MORE P ARTICULARL Y
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y
BEACH, FLORIDA, MARCH 2006" 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 March 2006, as being zoned Medium Density Residential
(RM) District; and
WHEREAS, at its meeting of May 15, 2006, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 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 ofthe 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 THE CITY
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 Community Facilities (CF) District for
the following described property:
Lots 11 and 23, Block 6, Atlantic Gardens Plat Book 14, Page 63 of the Public Records of
Palm Beach County, Florida
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.
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
2
ORD NO. 32-06
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
May 15, 2006
IV. B.
City Initiated Rezoning request from RM (Medium Density Residential) to CF
(Community Facilities) for Lots 11 and 23 Block 6, Atlantic Gardens, located
approximately 57 feet north of SW 2nd Street and extending between SW 11th
Avenue and SW 1ih Avenue for the Delray Beach Neighborhood Resource
Center. (Quasi-Judicial Hearing). \ II I
Owner/Applicant................... ......
Applicant................................... .
Location................................. .....
City Of Delray Beach
City of Delray Beach
Approximately 57 feet north
of SW 2nd Street and
extending between SW 11 th
Avenue and SW 1ih Avenue
0.314 Acres
MD (Medium Density Residential)
RM (Medium Density
Residential)
North: RM - Single family and
multiple family residences
East: RM - Single family residences
/vacant
South: RM - Single family
residences/vacant
RM - Single family residences
Police Sub-Station (vacant)
Neighborhood Resource
Center
Water Service............................. Existing on site.
Sewer Service...... ............. .......... Existing on site.
Property Size..............................
Future Land Use Map................
Current Zoning............................
Adjacent Zoning
& Uses:
West:
Existing Land Use......................
Proposed Land Use....................
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IV. B.
The item before the Board is that of making a recommendation to the City Commission on a
rezoning from RM (Medium Density Residential) to CF (Community Facilities) for the Delray
Beach Neighborhood Resource Center.
The subject property is located north of SW 2nd Street and extends between SW 12th Avenue
and SW 11th Avenue and contains 0.314 acres.
The proposal incorporates the following:
Lots 11 and 23, Block 6, Atlantic Gardens Plat Book 14, Page 63 of the Public records of Palm
Beach County, Florida
The parcels are owned by the City of Delray Beach. The western parcel (141 SW 1ih
Avenue) was formerly used as a police sub-station. The eastern parcel is vacant. The City is
proposing converting the former police sub-station building to a Neighborhood Resource
Center. The Neighborhood Resource Center will be a community center, designed to assist
residents with building stronger, safer communities by empowering residents through
workshops to build leadership skills and providing assistance to residents that is tailored to the
needs of the community. The proposal also involves the construction of an off-site parking lot
on the adjacent vacant lot to the east that fronts on SW 11th Avenue.
The RM zone district does not allow community centers as either a principal or conditional
use, thus a rezoning application is being processed by the City to change the zoning
designation from RM (Medium Density Residential) to CF (Community Facilities) and is now
before the Board for action.
REQUIRED FINDINGS:
LOR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to LOR Section 3.1.1, prior to 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, 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.
o 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.
P&Z Board Staff Report
Rezoning from RM to CF for Delray Beach Neighborhood Resource Center
Page 2
The subject property has a Future Land Use Map designation of MD (Medium Density
Residential 5-12 du/ac). Pursuant to LDR Section 4.4.21, the CF (Community Facilities)
zoning district is a special purpose zoning district primarily, but not exclusively, intended
for locations at which facilities are provided to serve public, semi-public and private
purposes. Pursuant to LDR Section 4.4.21 (8)(2) within the CF zoning district community,
such as, civic centers, community centers, community theatre, cultural facilities and
auditoriums, arts and crafts centers, libraries, museums, public parking lots and garages
are principal (permitted) uses. The proposed CF (Community Facilities) zoning
designation is deemed consistent with all Future Land Use Map designations. Thus,
based upon the above, a positive finding can be made with respect to consistency with the
Future Land Use Map designation.
D Concurrency - Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
In the preparation of the Delray Beach Comprehensive Plan, the land use designations
throughout the entire planning and service area were considered with respect to the
overall land use pattern, assessment of level of service, the provision of services, and
meeting remaining land use needs.
Drainaae: With the rezoning request, drainage plans are not required. No drainage
problems have been identified with the existing building and with development of the
proposed parking lot, a drainage plan will be required. No problems are anticipated in
retaining drainage on site and obtaining any/all necessary permits.
Traffic:
The facility was previously utilized as a police sub-station and neighborhood resource
office. The proposed use as a neighborhood community center will generate
approximately 53 daily trips with seven (7) a.m. peak and six (6) p.m. peak trips. The
neighboring street system can absorb this level of traffic and no problems are anticipated.
Parks and Recreation: Non-residential uses are not considered to have an impact on the
City's Parks and Recreation facilities.
Solid Waste:
Based upon the Solid Waste Authority's typical waste generation rates, the proposed
community center would generate 13.6 tons of waste annually. The Solid Waste Authority
has indicated that its facilities have sufficient capacity to handle all development proposals
till the year 2021.
Schools: School concurrency findings do not apply for non-residential uses. Thus, the
proposed development will not have an impact with respect to this level of service
standard.
D Consistency - The requested designation is consistent with the goals, objectives
and policies of the most recently adopted Comprehensive Plan.
P&Z Board Staff Report
Rezoning from RM to CF for Oelray Beach Neighborhood Resource Center
Page 3
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 in terms
of soil, topographic and other applicable physical considerations; is complimentary
to adjacent land uses; and fulfills remaining land use needs.
There are no significant environmental characteristics to the subject property. The future
redevelopment of the property as a neighborhood resource center will be compatible with
the adjacent land uses, which consist of single family residences to the west and south,
single family and multi-family residences to the north, and single family residences to the
east.
The most significant impact resulting from a community center use relates to traffic impact
on the adjacent neighborhood and the ability to accommodate parking on-site. LOR
Section 4.6.9 (C)(6)(a) requires auditoriums, meeting places such as civic centers, to
provide 0.3 of a parking space for each seat or 1 space for each 50 sq. ft. of total floor
area whichever is greater. Based upon this requirement a total of 47 spaces would be
required and 10 spaces are to be provided. It is noted, this is a neighborhood center which
serves the adjacent neighborhood so there should be significant pedestrian traffic. Given
the neighborhood character and scale of the facility a significant reduction in parking could
be supported during the site plan approval process. Pursuant to LOR Section 4.6.9(F)(1),
a reduced number of parking spaces can be approved by the Site Plan Review and
Appearance Board if it is demonstrated that the specific use requires less than the stated
required parking. This item will be more fully addressed during the site plan review
process.
Future Land Use Element Policv C-1.7: The following pertains to the Southwest
Neighborhood Redevelopment Area:
This area is generally defined as the area bounded by West Atlantic Avenue on the
north, SW 10th Street on the south, Interstate-95 on the west, and Swinton Avenue
on the east.
Many of the parcels in the area contain vacant or dilapidated structures,
substandard parking and substandard landscaping. The area also contains
residential areas identified as "Rehabilitation" on the Residential Neighborhood
Categorization Map contained in the Housing Element.
The Southwest Area Neighborhood Redevelopment Plan was adopted by the City
Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the
revitalization and stabilization of the area. The Southwest Area Neighborhood
Redevelopment Plan is divided into five sub-areas based upon current and
proposed land uses. The sub-areas serve to define potential boundaries for the
phased implementation of the various plan components. Future development in the
area must be in accordance with the provisions of the Redevelopment Plan.
The subject property is located within the borders of the Southwest Area Neighborhood
Redevelopment Plan and is more specifically included within sub-area # 1 (northwest
quadrant). Sub-area #1 encompasses the northwestern section of the study area,
extending from 1-95 to 8th Avenue, and from Atlantic Avenue to SW 3rd Street. The
Southwest Area Neighborhood Redevelopment Plan calls for major physical changes in
P&Z Board Staff Report
Rezoning from RM to CF for Delray Beach Neighborhood Resource Center
Page 4
the northwest quadrant with development of a neighborhood serving commercial activity
center along Atlantic Avenue, and a mixture of multi-family and single family homes and
neighborhood green spaces. The Plan also calls for the development of cottage-style
single family homes with common parking clustered around the neighborhood greens at
the SW 2nd Street and SW 12'h Avenue intersection. However, this is a general design
concept and not a site specific recommendation. Given the fact that Lot 11 (141 SW 12th
Avenue) has been under the ownership of the City since 1992; has been utilized as a
neighborhood /civic facility, and will be utilized as a neighborhood facility, the proposed
development of these parcels in this manner is consistent with the general initiatives
identified in the Southwest Area Neighborhood Redevelopment Plan. Based upon the
above, a positive finding can be made with respect to Future Land Use Element Policy C-
1.7
Future Land Use Element Policy C-4.2: The "Downtown Delray Beach Master Plan"
was adopted by the City Commission on March 19, 2002. Covering the downtown
business districts surrounding the Atlantic Avenue corridor between 1-95 and A-1-A,
it represents the citizens' vision for the growth and unification of Delray Beach,
while still retaining the "village like, community by-the-sea" character of the CBD.
The Plan addresses a wide range of issues including infil.l development,
neighborhood parks, shared parking, public art, the roadway and alleyway systems,
marketing/economic development, and the need to modify the Land Development
Regulations to include design guidelines to retain the character of Delray Beach.
Future development and redevelopment in this area shall be consistent with the
Master Plan.
The subject property is located within the study area of the downtown as defined by the
Downtown Delray Beach Master Plan and is more specifically located within the West
Atlantic Neighborhood. As the Downtown Master Plan primarily focus on properties zoned
CSD (Central Business District), the Master Plan does not address the subject property.
Housina Element Policy A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it is
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
The proposed site is located in an established residential neighborhood and will serve the
needs of the surrounding neighborhood. It is anticipated that most people will walk to the
facility although a total of 10 spaces are proposed on the adjacent Lot 23.
o Compatibility -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
Compatibility is discussed below under the Standards for Rezoning.
o Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
P&Z Board Staff Report
Rezoning from RM to CF for Delray Beach Neighborhood Resource Center
Page 5
Under the CF regulations a 10' perimeter building setback is required. Further, if the
property is adjacent to residential zoning, the perimeter setback is increased to 15' which
is required to be landscaped; or, as an alternative, a wall, decorative fencing or hedging is
required. As the existing building's setback is 9' from the adjacent residentially zoned
properties (i.e. north and south property lines), a wall, decorative fencing or hedging must
be provided. This item must be addressed during the site plan review process. Given the
above, a positive finding with respect to compliance with the Land Development
Regulations can be made.
STANDARDS FOR REZONING ACTIONS:
Compliance with the performance standards set forth in LOR Section 3.2.2, along with
the required findings noted in LOR Section 2.4.5(0) (5) shall be the basis upon which a
finding of overall consistency is to be made. Other objectives and policies found in the
adopted Comprehensive Plan may be used in making a finding of overall consistency.
LOR Section 3.2.2: Standards A, 8, C and E are not applicable. The applicable
performance standard of LOR Section 3.2.2 is as follows:
(D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The following zoning designations and uses border the property:
Zonina Desianation:
Use:
North:
Medium Density Residential (RM)
Single Family and Multiple Family
residences
Single Family ResidenceNacant
Single FamilyNacant
Single Family Residences
South:
East:
West:
Medium Density Residential (RM)
Medium Density Residential (RM)
Medium Density Residential (RM)
The proposal will rezone the 0.314 acre subject property from RM to CF for a neighborhood
community center which will serve as a neighborhood activity center and provide vital
community services as identified in the project description. The property is bordered on the
north, south, east and west by properties zoned RM, which accommodates a mix of single
family and multiple family residences. The most significant impact of the proposed
development will be on the residences located immediately to the north and south of the
subject property. Concerns with compatibility with the adjacent properties to the north and
south may be mitigated by the provision of a wall or hedge 4 Y:z ' height at the time of planting
and trees 25' on center along these property lines. The community center replaces the former
police sub-station (which also served as a neighborhood activity center) which has co-existed
with the neighborhood for many years. Therefore, this rezoning proposal will not be
introducing significantly different type of use to the area. Based upon the above, a positive
P&Z Board Staff Report
Rezoning from RM to CF for Oelray Beach Neighborhood Resource Center
Page 6
finding can be made with regard to LOR Section 3.2.2(0), that the proposed rezoning will not
result in adjacent incompatible land uses.
LOR Section 2.4.5(0) (5): In addition to provisions of Chapter Three, the City
Commission must make a finding that the rezoning fulfills one of the reasons for which
the rezoning 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; or
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 basis for which the rezoning should be granted relates to "c" in that the parcel at 141 SW
12th Avenue has been used as a civic/public facility for many years. The change to CF will
legitimize the adaptive re-use of the building thus allowing for the facility to continue to impart
services to the neighborhood. The CF zone district was created as a special purpose district
that is intended to permit uses that serve public or semi-public purposes. Under these
circumstances the rezoning to CF is more appropriate. Based upon the above, a positive
finding with respect to LDR Section 2.4.5(0)(5) can be made.
Community Redevelooment Aaencv (CRA):
At its meeting of May 11, 2006, the CRA reviewed the proposed rezoning and recommended
approval.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of objection and/or support, if any, will be presented at the Planning and
Zoning Board meeting.
Courtesy Notices:
A special courtesy notice was provided to the following homeowners associations:
. Neighborhood Advisory Council
. PROD
. Atlantic Park Gardens HOA
. President Council
The proposed rezoning from RM (Medium Density Residential) to CF (Community Facilities)
designation is supportable given the history of the site as a civic/public building which should
P&Z Board Staff Report
Rezoning from RM to CF for Delray Beach Neighborhood Resource Center
Page 7
have been accommodated under the CF zoning district. Positive findings can be made with
respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning
Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and
Policies of the Comprehensive Plan. Therefore, this rezoning can be recommended for
approval based on the findings outlined in this report.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the City initiated request
for rezoning from RM (Medium Density Residential) to CF (Community Facilities) for the
subject property, by adopting the findings of fact and law contained in the staff report, and
finding that the request and approval thereof is consistent with the Comprehensive Plan
and the Southwest Area Neighborhood Redevelopment 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 City initiated request for
rezoning from RM (Medium Density Residential) to CF (Community Facilities) 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 Southwest Area
Neighborhood Redevelopment 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 City initiated request for
rezoning from RM (Medium Density Residential) to CF (Community Facilities) for the subject
property, by adopting the findings of fact and law contained in the staff report, and finding that
the request and approval thereof is consistent with the Comprehensive Plan and Southwest
Area Neighborhood Redevelopment Plan, and meets the criteria set forth in Sections 2.4.5(D)
(5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Attachments:
o Zoning Map
o Survey
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-
REZONING
NEIGHBORHOOD RESOURCE CENTER
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
FROM: RM (MEDIUM DENSITY RESIDENTIAL) TO: CF (COMMUNITY FACILITIES)
-- DIGITAL BASE MAP SYSTEM --
MAP REF: Lt.A931
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34 Boca Raton/Oelray Beach News - Friday/Saturday, June 9-10, 2006 . www.bocanews.com
100
ANNQUNCEMENTS
Y"'~
O(()'
] 01 Legal
:\otices
CITY Of DELRAY BEACH,
flORIDA
NOTICE OF PUBLIC HEARING
A PUBUC HEARING w~ be held on
1I1e Iollowing proposed roIinanees at
7:00 p.m. on TUESDAY. JUNE 20.
2006 or at any continuation of. such
meeting which' is set by the
Commission). in 1I1a City Commission
Chambers. 100 N.w. 1st Avenue, Del-
ray Beach, FIorJ:la, at which time the
City Commission will consider their
adoption. The proposed ocdinances
may be inspected at 1he OI1ice ol1he
Cdy Cieri< at City Hall. 100 NW 1st
Avenue. Oelray Beach, Florida.. be-
tweeo lhe hours of 8:00 a.m. and 5:00
p.m.. Monday lhroughFriday. except
holidays. AI interested. parties are in-
vited to attend and be heard with re-
spect to 1I1eproposed ordinances.
ORDIIlANCE NO. 31.06
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY DF DELAAY
BEACH. FLORIDA. AMENDING
CHAPTER 32, "DEPARTMENTS,
BOARDS AND COMMISSIONS', BY
AMENDING SECTION 32.06.
"COMPOSITION OF BOARDS AND
COMMITTEES; GENERALLY; SEC-
TION 32.07. "MEMBERsHIP QUAL-
IFICATlONSIREOUIREMENTS; AND
SECTION 32.08. . "LENGTH OF
TERMS; RESTRICTIONS". TO PRl}.
VIDE THAT MEMBERSHIP OF A
BOARD MAY BE ESTABUSHED BY
RESOLUTION AND TO PERMIT
OTHER CITY BOARD MEMBERS. TO
SIT ON THE UNITY COllABORA-
TIVE; PROVIDING A SAVING
CLAUSE. A GENERAL REPEALER
CLAUSE. AND AN EFFECTIVE
DATE.
ORDINANCE NO. 32-46
AN ORDINANCE OF THE C1TY C0M-
MISSION OF THE CITY OF OE\.IlAY
BEACH, FlORIOA. REZONING AND
PLACING LAND PRESENTLY
ZONED MEDIUM DENSITY RESI-
DENTlAl (RM) DISTRICT TO COM-
MUNITY FACILITIES ICF) DISTRICT:
10] Legal
~otices
SAID lANb BEING 1WO pARCELS
LOCATED APPROXIMATELY 57
FEET NORTH OF SW 2ND STREET
AND EXTENDING BETWEEN SW
11TH AVENUE AND SW 12TH AVE-
NUE, AS MORE PARTICULARLY DE-
SCRIBED HEREIN; AMENDING
"ZONING MAP OF OElAAY BEACH.
flORIDA. MARCH 2006" PROW)-'
ING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE. AND
AN EFFECTIVE DATE.
ORDlIlANCE NO. 34-06
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELAAY
BEACH, flORIDA. AMENDlNG'SEC-
TION 37.45. "SUPPLEMENTAL
CODE ENFORCEMENT PROCE-
DURES'. OF THE CODE OF ORDI-
NANCES BY REPEAlING IT 1'1 ITS
ENTIRETY AND ENACTING A NEW
SECTION 37.45, 'SUPPlEMEWAL
CODE ENFORCEMENT PROCE-
DURES'; PROVIOING FOR A HEAR-
ING OFFICER TO HEAR CIVIL VIO,
LATION APPEALS; PROVIDING FOR
PENALTIES, IMPOSITION. A.ND
COLLECTION OF UENS; PROVID-
ING FOR CIVIL OFFENSES; PRO-
VIDING FOR PAYMENT FOR SER-
VICES .AND QUAUFICATlONS OF
HEARING OFFICERS; PROVIDING
FOR tHE ESTABUSHMENT OF CIV-
IL VIOlATION PROCEDURES; PRO-
VIDING FOR THE ESTABUSHMENT
OF CIVIL PENALTIES FOR VIOLA-
TIONS; PROVIDING FOR IMPOSI-
TION AND COLLECTION OF CIVIL
PENALTIES; PROVIDING FOR AP-
PEALS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER
CLAUSE: AND AN EFFECTIVE
DATE.
ORDINANCE NO. 3!Ml6
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH. FlORIOA. AMENDING THE
LAND DEVELOPMENT REGULA,
TIONS OF THE CITY OF DElRAY
BEACH. flORIDA. CHAPTER FOUR
"ZONING REGULATIONS', BY EN-
ACTING A NEW SUBSECTION
4.3.3(ll). "KIDNEY DIALYSIS CEN-
TERS"; BY ENACTING A NEW SUB-
SECTION 4.3.3(LLl).
"PHARMACIES"; BY ENACTING A
NEW SUBSECTION 4.3.3(MM),
"GROCERY STORES"; BY ENACT-
ING A New SECTION 4.3.3(00).
"MULTIFAMILY RESIDENTIAL
BUILDINGS EQUIPPEQ WITH ElE-
VATORS"; BY ENACTING A NEW
SUBSECTION (3.3(000).
'CLUBHOUSES AND COUNTRY
CLUBS". ALL TO PROVIDE THAT
CERTAIN KIDNEY DiAlYSIS CEN-
TERS, PHARMACIES. GROCERY
, 101 Le gal :\ otices
STORES, RESIOENTIAL BUILDINGS
WITH ELEVATORS, CLUBHOUSES
AND COUNTRY ClUBS SHAlL PRl}.
VIDE AUXIUAAY POWER GENERA-
TORS WITHIN SPECIFIED TIME
.fRAMES; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER
AND AN EFFECTIVE DATE.
Please _he advised that if a person de.
cides to- ~al any dedsion made by
the City Commission with respeqt to
any matter cOnsidered at these t\ear-
logs. such person may need to ~ure
that a verbatim record includes the
testimony' and evidence upon which
the appeal is to be based. The City
does 1101 provide nor prepare such
record. Pursuant 10 F.S. 266_0105.
CITV OF OELRAY BEACH
Chevelle D. Nubin
CityC,",k
PUBLISH: Friday, June 9. 2006
Boca RatoniUelray Beach News
Cawi a.tLrLL>