04-96 ORDINANCE NO. 4-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER)
DISTRICT IN THE OSR (OPEN SPACE AND RECREATION)
DISTRICT; SAID LAND BEING TRACT E OF CONGRESS PARK
SOUTH, LOCATED ON THE WEST SIDE OF CONGRESS AVENUE,
SOUTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AND 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 PCC (Planned Commerce Center) District; and
WHEREAS, at its meeting of December 19, 1995, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at public hearing and voted 4 to 0 to
recommend approval of the rezoning, 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 OSR (Open Space and
Recreation) District for the following described property:
Tract E, CONGRESS PARK SOUTH REPLAT, recorded in Plat
Book 71, Page 190, of the Public Records of Palm
Beach County, Florida.
The subject property is located south of Atlantic
Avenue on the west side of Congress Avenue;
containing 0.87 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conflict herewith be, and the same are hereby repealed.
$~ion 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 ADOPTED in regular session on second and final
reading on this the 23rd day of January , 1996.
ATTEST:
J City ~lerk t
First Reading January 9~ 1996
Second Reading January 23, 1996
- 2 - Ord. No. 4-96
CONGRESS
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CITY OF' DELRAY BEACH, FL
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MEMQRANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM ~ ;0' ~'- MEETING OF JANUARY 23. 1996
SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 4-96
(REZONING TRACT E. CONGRESS PARK SOUTH)
DATE: JANUARY !2, 1996
This is second reading and public hearing (quasi-judicial) for
Ordinance No. 4-96 which rezones Tract E of Congress Park South
from PCC (Planned Commerce Center) to OCR (Open Space and
Recreation). The subject property is located at the southwest
corner of Congress Park South, which is south of Atlantic Avenue on
the west side of Congress Avenue.
The proposed rezoning is a City-initiated corrective action to
apply an appropriate zoning classification. The property contains
an existing building which was converted to and is used as the
maintenance shed for the municipal golf course. It is owned by the
City, the tract having been donated to the City in 1983 by the
developer. Neither the existing use nor the size of the parcel
meet the requirements of the PCC district. The proposed OSR zoning
is the same as the zoning applied to the golf course which abuts
the tract to the south and west.
The Planning and Zoning Board considered this item at public
hearing on December 19, 1995, and voted 4 to 0 to recommend that
the rezoning be approved. At first reading on January 9th, the
Commission passed the ordinance by a vote of 4 to 0.
Recommend approval of Ordinance No. 4-96 on second and final
reading, based upon positive findings with respect to LDR Sections
3.1.1 and 2.4.5(D)(5) (Required Findings), Section 3.3.2 (Standards
for Rezoning Actions), and policies of the Comprehensive Plan.
ref:agmemol6
MEMQRANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: A~NDA ITEM # /~'C'-MEETING OR JANUARY 9. 1996
FIRST READING FOR ORDINANCE NO. 4-96 CREZONING TRACT E.
CONGRESS PARK SOUTH)
DATE: JANUARY 4, 1996
This is first reading for Ordinance No. 4-96 which rezones Tract E
of Congress Park South from PCC (Planned Commerce Center) to OSR
(Open Space and Recreation). The subject property is located at
the southwest corner of Congress Park South, which is south of
Atlantic Avenue on the west side of Congress Avenue.
The proposed rezoning is a City-initiated corrective action to
apply an appropriate zoning classification. The property contains
an existing building which was converted to and is used as the
maintenance shed for the municipal golf course. It is owned by the
City, the tract having been donated to the City in 1983 by the
developer. Neither the existing use nor the size of the parcel
meet the requirements of the PCC district. The proposed OSR zoning
is the same as the zoning applied to the golf course which abuts
the tract to the south and west.
The Planning and Zoning Board considered this item at public
hearing on December 19, 1995, and voted 4 to 0 to recommend that
the rezoning be approved.
Recommend approval of Ordinance No. 4-96 on first reading, based
upon positive findings with respect to LDR Sections 3.1.1 and
2.4.5(D)(5) (Required Findings), Section 3.3.2 (Standards for
Rezoning Actions), and policies of the Comprehensive Plan. If
passed, a quasi-judicial/public hearing will be scheduled for
January 23, 1996.
ref:agmemol6
CITY COMMISSION DOCUMENTATION
TO: D,D,D~VID T. HARD~,,N, CITY MANAGER
THRU'
DEI:;:~RTMENT OF PLANNIR'G~ND ZONING
FROM: PAUL DORLING, ~]:~,'NClPAL PLANNER
SUBJECT: MEETING OF JANUARY 9, 1996
APPROVAL ON FIRST READING OF A CITY INITIATED
CORRECTIVE REZONING OF TRACT E OF CONGRESS PARK
SOUTH FROM PCC (PLANNED COMMERCE CENTER) TO OSR
(OPEN SPACE AND RECREATION).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first reading
of an ordinance for a City initiated corrective rezoning request from PCC
(Planned Commerce Center) to OSR (Open Space and Recreation).
The subject property is a .8698 acre tract within the Congress Park South
development located on the west side of Congress Avenue south of Atlantic
Avenue.
BACKGROUND:
On October 24,1995 the City Commission approved the rezoning of 14.62
acres from LI (Tracts B & C) and PCC (Tract D) to MIC (Mixed Industrial and
Commercial) for a portion of Congress Park South associated with future
expansion of the Levenger warehouse. This rezoning left Tract A and Tract E of
Congress Park South with a zoning designation of PCC. As neither tract is
appropriately zoned (does not contain appropriate uses nor meet minimum size
requirements of the PCC) the Planning and Zoning Board initiated a rezoning of
these tracts to OSR (Tract E) and MIC (Tract A). The rezoning of Tract E from
PCC to OSR is the subject of this request and Tract A is also before the
Commission as a separate agenda item.
ANALYSIS:
The proposal is a City initiated corrective rezoning from PCC to OSR for the
.8698 acre tract within the Congress Park South development. The parcel
contains an existing maintenance building utilized by the Delray Beach Municipal
Golf Course and owned by the City of Delray Beach. The proposed OSR zoning
is similar to the zoning applied to the Delray Municipal Golf Course, which abuts
the tract to the south and west.
For additional background and analysis see attached Planning and Zoning staff
report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its December 19, 1995
meeting. No one from the public spoke on this item and the Board unanimously
(4-0) recommended approval.
RECOMMENDED ACTION:
By motion, approve on first reading an ordinance rezoning Tract E of Congress
Park South from PCC (Planned Commerce Center) to OSR (Open Space and
Recreation), based upon positive findings with respect to Section 3.1.1 (Required
Findings) and Section 3.3.2 (Standards for Rezoning Actions), Section 2.4.5
(D)(5) of the Land Development Regulations, and policies of the Comprehensive
Plan.
Attachments:
Location Map
P&Z Staff Report
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: December 19, 1995
AGENDA ITEM: V.C.
ITEM: City initiated rezoning from PCC (Planned Commerce Center) to OSR
(Open Space and Recreation) for Tract "E" Congress Park South,
located on the west side of Congress Avenue, south of Atlantic Avenue.
GENERALDATA:
Owner ............................. City of Delray Beach
Applicant ......................... David Harden, City Manager
City of Delray Beach
Location ........ ~.~ .............. On the west side of Congress
Avenue, south of Atlantic Avenue.
Property Size .................. 0.87 acres
Future Land Use Map ..... Commerce
Current Zoning ............... PCC (Planned Commerce Center)
Proposed Zoning ............ OSR (Open Space and~
Recreation)
Adjacent Zoning .... North: MIC
East: MIC
South: OSR (Open Space and
Recreation)
West: OSR
Existing Land Use .......... Existing Golf Course Storage and
Maintenance Yard. ~
Proposed Land Use ........ No change.
Water Service ................. Existing on site.
Sewer Service ................ Existing on site.
COURSE
V.C.
The action before the Board is that of making a recommendation on a City
initiated corrective rezoning request from PCC (Planned Commerce Center) to
OSR (Open Space and Recreation).
The subject property is a .8698 acre tract within the Congress Park South
development located on the west side of Congress Avenue south of Atlantic
Avenue.
Pursu_an.t to Section 2.2.2 (E), the Local Planning Agency shall review and make
a recommendation to the City Commission with respect to rezoning of any
property within the City.
On May 24, 1983 the City Commission approved a Future Land Use Map
Amendment from PRD-4 to PCC and a zoning change from PRD - 4 to PCC for
Congress Park South (24.25 acres). On the same date the Commission also
approved a conditional use and site plan request to establish 236,190 of
warehouse/research and light industrial use in four separate buildings
(Ordinance 32-83). The Congress Park South development was divided into
five separate tracts (Tracts A-E) with four tracts containing industrial buildings
and one an existing maintenance building (subject parcel - Tract E). On June
28, 1983 the City Commission accepted the donation of the subject tract by the
developer. The existing building was converted to the maintenance shed for the
Delray Beach Municipal Golf Course. On October 25, 1983 the final plat for
Congress Park South was approved.
One of the four originally approved buildings has been constructed on Tract A.
In 1993 a request was received to rezone 12.41 acres (Tracts B &C) of the
Congress Park South from PCC to LI to accommodate the Levenger warehouse
development. The City Commission approved the rezoning request on March
23, 1993 (Ordinance 25-93). A related site plan was approved by the SPRAB
and the warehouse has been constructed.
On October 24,1995 the City Commission approved the rezoning of 14.62
acres from LI (Tracts B & C) and PCC (Tract D) to MIC (Mixed Industrial and
Commercial) associated with future expansion of the Levenger warehouse. This
rezoning left Tract A and Tract E with a zoning designation of PCC. As neither
tract is appropriately zoned (does not contain appropriate uses nor meet
minimum size requirements of the PCC) the Planning and Zoning Board initiated
Planning and Zoning Staff report
Rezoning PCC to OSR (Tract E)
Page 2
a rezoning of these tracts to OSR (Tract E) and MIC (Tract A). The rezoning of
Tract E from PCC to OSR is now before the Board.
The proposal is a City initiated corrective rezoning from PCC to OSR for the
.8698 acre tract within the Congress Park South development. The parcel
contains an existing maintenance building utilized by the Delray Beach Municipal
Golf Course and owned by the City of Delray Beach. The proposed OSR zoning
is similar to the zoning applied to the Delray Municipal Golf Course, which abuts
the tract to the south and west.
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 following four areas.
Future Land Use Map: The use or st~:uctures must be allowed in the zoning
district and the zoning district must be consistent with the land use
designation.
The current Future Land Use Map designation for the subject property is
Commerce. The requested zoning change is from PCC ( Planned
Commerce Center) to OSR (Open Space and Recreation). The
proposed zoning designation of OSR is consistent with the Commerce
Future Land Use designation. The existing use of the tract (golf course
maintenance facility) is an accessory use of the golf course pursuant to
Section 4.4.27 (C).
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.
The proposed rezoning is corrective in nature and no change in land use will
occur. Therefore, the proposed rezoning will have no impact with respect to
Planning and Zoning Staff report
Rezoning PCC to OSR (Tract E)
Page 3
Concurrency (traffic, water, sewer, police, fire, parks and recreation, solid
waste).
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.
Section 3.3.2 (Standards for Rezoning Actions): The applicable
performance standards of Section 3.3.2 and other policies which apply are
as follows:
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.
Parcels adjacent to the subject parcel to the west and south are zoned OSR and
contain the municipal golf course. Parcels to the north and east are zoned MIC
(Mixed Industrial and Commercial) and contain commercial/warehouse uses in
the Congress Park South (Levenger Facility). The proposed zoning designation
is compatible with all the surrounding land uses.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(1) (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.
Planning and Zoning Staff report
Rezoning PCC to OSR (Tract E)
Page 4
The applicable reasons are A and C. The original PCC zoning was established
with the development of Congress Park South. However, immediately after
approval the parcel was dedicated to the City and placed in an open space use.
The proposed OSR designation is of less intensity than the PCC and is more
appropriate giving the existing open space and recreation use for which the tract
is being utilized.
A review of the objectives and policies of the adopted Comprehensive Plan
and no applicable policies were found.
Compliance with Land Development Regulations: The proposed use is to
be in compliance with the Land Development Regulations. Items identified
in the'rand Development Regulations shall specifically be addressed by
the body taking final action on a land development application/request.
As the corrective rezoning does not involve any development proposal
compliance with the LDR's is not an issue.
The rezoning is not in a geographic area requiring review by either the HPB
(Historic Preservation Board), DDA (Downtown Development Authority) or the
CRA (Community Redevelopment Agency).
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius
of the subject property.
Courtesy notices have been sent to the following persons who have requested
notification of petitions in this area. Letters of objection, if any, will be presented
at the P & Z Board meeting.
* Helen Coopersmith, PROD
* Lillian Feldman, Delray Property Owners
* Golfview Condominiums
The proposed rezoning of Tract E can be recommended for approval based on
the positive findings outlined in this report and summarized below. The
proposed zoning designation of OSR is of less intensity and more appropriate for
the tract given the existing use. Further, the proposed zoning designation is
Planning and Zoning Staff report
Rezoning PCC to OSR (Tract E)
Page 5
similar to designations applied to the balance of the municipal golf course and
compatible with the surrounding land uses.
A. Continue with direction.
B. Recommend approval of the rezoning of Tract E of Congress Park
South from PCC to OSR, based on positive findings with respect to
Section 2.4.5(D)(1) (Rezoning Findings), . Section 3.1.1 (Required
Findings), and the Performance Standards of Section 3.3.2.
Recommend denial of a rezoning from PCC to OSR for Tract E of
Congress Park South based on a failure to make positive findings.
Recommend approval of the rezoning request for Tract E of Congress Park
South from PCC (Planned Commerce Center) to OSR (Open Space and
Recreation), based upon positive findings with respect to Section 3.1.1 (Required
Findings) and Section 3:3.2 (Standards for Rezoning Actions)'of the Land
Development Regulations, policies of the Comprehensive Plan, and Section
2.4.5(D)(5).
Attachments:
Location Map
Report prepared by · Paul Dorling, Principal Planner