20-96 ORDINANCE NO. 20-96
AN ORDINANCE OF THE CITY COMMISSI~ OF THE CITY OF DELRAY
BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP
DESIGNATION FROM GENERAL COMMERCIAL TO COMMERCE, AND
REZONING FROM POC (PLANNED OFFICE CENTER) DISTRICT TO LI
(LIGHT INDUSTRIAL) DISTRICT, FOR A PARCEL OF LAND LOCATED
ON ~ EAST SIDE OF ~AT.TACE DRIVE, APPROXIMATELY !, 300
FEET NORTH OF LINTON BOULEVARD, AS THE SAME IS MORE
PARTICULARLY DESCRIBED HEREIN; RLRCTING TO PROCEED UNDER
THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND
USE PLAN AP~EA~D~S; AND AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPE~r.W.R
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is designated on the
Future Land Use Map (FLUM) in the Comprehensive Plan for the City of Delray
Beach, Florida, as General Commercial;
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 POC (Planned Office Center) District; and
WHEREAS, at its meeting of April 15, 1996, the Planning and Zoning
Board for the City of Delray Beach, as Local Planning Agency, reviewed this
item at public hearing and voted 5 to 0 to recommend approval of the small
scale FLUM amendment and rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Future Land Use Map in the
Comprehensive Plan be amended to reflect the revised land use designation,
ao~ 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 legal description of the subject property is
as follows:
Beginning at a marker at the Southeast corner of Block D,
Plat of SUNNY ACRES, as recorded in Plat Book 21, Page
63, Public Records of Palm Beach County, Florida, and run
West 156.7 feet to Germantown Road; thence Northeasterly,
along Germantown B~ad 175 feet; thence East to the East
line of the East Half of the West Half of Lot 30, Plat of
Map Showing Subdivisions of portions of Townships 45 and
46 South, Range 43 East, as recorded in Plat Book 1, Page
4, Public Records of Palm Beach County; thence South
along the said East line to the Southeast corner of the
East Half of the West Half of Lot 30; thence West to the
Southwest corner of the East Half of the West Half of Lot
30; thence North 25 feet to the Point of Beginning;
located in the Southwest ~3arter of Section 20, Township
46 South, Range 43 East. LESS AND EXCEPT the East 25 feet
thereof.
TOGETHER WITH
That part of the right-of-way for Georgia Street as shown
on the Plat of SUNNY ACRES, Palm Beach County, Florida,
according to the plat thereof recorded in Plat Book 21 at
Page 63 of the Public Records of Palm Beach County,
Florida, described as follows:
Begin at the Southeast corner of Lot 8, Block "D" as
shown on said plat of SUNNY ACRES; thence South 88
degrees 09' 14" West, along the South line of said LOt 8,
156.70 feet to the East right-of-way line of Germantown
Road; thence South 22 degrees 37' 01" West, along said
East right-of-w-ay line, 27.47 feet to a line 25.00 feet
South of and parallel with the said South line of LOt 8;
thence North 88 degrees 09' 14" East, along said parallel
line, 167.31 feet to the intersection with the Southerly
prolongation of the East line of said LOt 8; thence North
0 degrees 05' 43" West, along said Southerly
prolongation, 25 feet to said point of beginning.
The subject property is located on the east side of
Wallace Drive, approximately 1,300 feet north of Linton
Boulevard; containing 1.86 acres, more or less.
Section 2. That the Future Land Use Map in the Comprehensive Plan
of the City of Delray Beach, Florida, is hereby changed to reflect a land use
designation of Commerce for the subject property.
Section 3. That the City of Delray Beach elects to make this small
scale amendment by having only an adoption hearing, pursuant to Florida
Statutes Section 163.3187(1)(c)4.
Section 4. That the Zoning District Map of the City of Delray
Beach, Florida, dated April, 1994, is hereby amended to reflect a zoning
classification of LI (Light Industrial) District for the subject property.
Section 5. 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 4 hereof.
- 2 - Ord. No. 20-96
Section 6. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 7. 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 8. That this ordinance shall become effective thirty-one
(31) days after adoption, unless the ameDximent is challenged pursuant to
Section 163. 3187(3), F.S. If challenged, the effective date of this
amendment sb~ll be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.S. No development orders, development
permits, or land uses dependent on this amendment may be issued or commence
before it has become effective. If a final order of noncompliance is issued
by the Administration Committee, this amendment may nevertheless be made
effective by adoption of a resolution affirming its effective status, a copy
of which resolution shall be sent to the Department of Community Affairs,
Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida
32399-2100.
PASSED AND ADOPTED in regular session on second and final reading
on this the 21st day of May , 1996.
AT~EST:
City Ci~rk
First Reading May 7, 19 9 6
Second Reading May 21, 1996
-3- Ord. No. 20-96
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S.W. 10TH ST. "
S.W. I1TH
PARK TEN
2ND ADD.
~ THE
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CENTRE ~o
GEOR(~A STREET
BESSIE ST.
ELLA ST.
MILFRED STREET
BEh
WALLACE SOU THRIDGE CONDO
WALLACE DODGE VILLAGE
FORD WALLACE CONDO
NISSAN
LIN TON BOULEVARD
N FLUM AMENDMENT
FROM: GENERAL COMMERCIAL L£C.~ND: MDR - MEOIUM OENSITY RESIDENTIAL OS - OPEN SPACE
~ANhIING D[PARTMFNT TO : COMMERCE I - INDUSTRIAL LDR - LOW DENSITY RESIDENTIAL TRN - TRANSITIONAL
OTY O~ ID£LRAY BEACH, F'L · -- PROIECTION ZONE C - COMMERCE GC, - ,GENERA[. COMMERCE P - PUBLIC BUILDING~
-- Ol¢llr.4L B4$E M,,4P SY'$[£M -- MAP REF: LM026
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # /0 ~' - MEETING OF MAY 21, 1996
ORDINANCE NO. 20-96/SMALL SCALE FLUM AMENDMENT AND
REZONING FOR FORMER HRS BUILDING SITE ON WALLACE DRIVE
DATE: MAY 17, 1996
This is second reading and public hearing for Ordinance No. 20-96
changing the Future Land Use Map (FLUM) designation from General
Commercial to Commerce (small scale amendment) and rezoning from
POC (Planned Office Center) District to LI (Light Industrial)
District for a 1.86 acre parcel of land. It is the former HRS
building site located on the east side of Wallace Drive
approximately 1,300 feet north of Linton Boulevard.
The FLUM amendment and rezoning are being processed to accommo-
date Tower Optical Corporation, an optical equipment manufacturer
which plans to occupy the 18,400 square foot building. The
facility will also house the marketing, accounting, research and
development and advertising components, and will employ 10-25
skilled workers.
At public hearing on April 15, 1996, the Planning and Zoning
Board voted 5-0 to recommend approval based on positive findings
with respect to Chapter 3 (Performance Standards) of the Land
Development Regulations, policies of the Comprehensive Plan, and
LDR Sections 2.4.5(D) (5). At first reading on May 7th,
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 20-96 on second and final
reading.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM # I~ - MEETING OF MAY 7, 1996
ORDINANCE NO. 20-96/SMALL SCALE FLUM AMENDMENT AND
REZONING FOR FORMER HRS BUILDING SITE ON WALLACE DRIVE
DATE: MAY 3, 1996
This is first reading for Ordinance No. 20-96 changing the Future
Land Use Map (FLUM) designation from General Commercial to
Commerce (small scale amendment) and rezoning from POC (Planned
Office Center) District to LI (Light Industrial) District for a
1.86 acre parcel of land. It is the former HRS building site
located on the east side of Wallace Drive approximately 1,300
feet north of Linton Boulevard.
The FLUM amendment and rezoning are being processed to accommo-
date Tower Optical Corporation, an optical equipment manufacturer
which plans to occupy the 18,400 square foot building. The
facility will also house the marketing, accounting, research and
development and advertising components, and will employ 10-25
skilled workers.
At public hearing on April 15, 1996, the Planning and Zoning
Board voted 5-0 to recommend approval based on positive findings
with respect to Chapter 3 (Performance Standards) of the Land
Development Regulations, policies of the Comprehensive Plan, and
LDR Sections 2.4.5(D) (5) .
Recommend approval of Ordinance No. 20-96 on first reading. If
passed, quasi-judicial/public hearing May 21, 1996.
TO: DAVID t. HARDEN, CITY MANAGER
THRU: O , DI R
DEPARTMENT OF PLANNING AND ZONING
FROM: J~
8~l~I(bR PLANNER
SUBJECT: MEETING OF MAY ?, 1996
SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM
GENERAL COMMERCIAL TO COMMERCE, AND REZONING
FROM POC (PLANNED OFFICE CENTER) TO LI (LIGHT
INDUSTRIAL) FOR PROPERTY LOCATED BETWEEN
WALLACE DRIVE AND S.W. 'IOTH AVENUE. APPROXIMATELY
'l,300 FEET NORTH OF LINTON BOULEVARD.
The action requested of the City Commission is that of approval on
first reading of an ordinance changing the Future Land Use Map
designation from General Commercial to Commerce, and rezoning
from POC (Planned Office Center) to LI (Light Industrial) for the
former HRS building.
The subject property is located between Wallace Drive and S.W.
10th Avenue, approximately 1,300 feet north of Linton Boulevard.
The proposal incorporates an unplatted parcel of land consisting of 1.86 acres.
The site contains an existing office building formerly occupied by the Florida
Department of Health and Rehabilitative Services (HRS) which vacated the
premises in 1993. The building has remained vacant since.
The proposal is to change the Future Land Use Map designation from General
Commercial to Commerce and rezone the property from POC (Planned Office
City Commission Documentation
Meeting of May 7, 1996
Small-Scale FLUM Amendment to Commerce and Rezoning to LI for the Former HRS Building
Page 2
Center) to LI (Light Industrial). The FLUM amendment and rezoning are being
processed to accommodate Tower Optical Corporation, an optical equipment
manufacturer, which wishes to occupy the existing 18,400 sq.ft, office building.
In addition to the manufacturing aspect, the facility would also house the
company's marketing, accounting, research and development, and advertising
components. This facility will employ 10 - 25 persons who are primarily skilled
workers. Shipping and receiving are handled through parcel post
vehicles/carriers (UPS, FEDX).
Additional background and an analysis of the request is found in the attached
Planning and Zoning Board Staff Report.
At its meeting of April 15, 1996, the Planning and Zoning Board held a public
hearing in conjunction with review of the requests. There was no public
testimony regarding the requests. After reviewing the staff report and discussing
the proposal, the Board voted 5-0 (Young and Schmidt absent) to recommend
that the requests be approved, based upon positive findings with respect to
Chapter 3 (Performance Standards) of the Land Development Regulations,
policies of the Comprehensive Plan, and LDR Sections 2.4.5(D)(5).
By motion, approve on first reading the ordinance for the FLUM amendment from
General Commercial to Commerce and rezoning from POC (Planned Office
Center) to LI (Light Industrial) based upon the findings and recommendation by
the Planning and Zoning Board, and setting a public hearing date of May 21,
1996.
Attachments:
P & Z Staff Report and Documentation of April 15, 1996
Ordinance by Others
PLANNING AND ZONING BOARD
CITY OF DEEP, AY BEACH ---STAFF REPORT---
MEETING DATE: April 15, 1996
AGENDA ITEM: IV.C.
ITEM: Future Land Use Map Amendment from General Commercial to
Commerce and Rezoning from POC (Planned Office Center) to LI
(Light Industrial) for the former HRS Building located between
Wallace Drive and S.W. 10th Avenue approximately 1,300 feet north
D£LRA Y BEACH
CEME~TZRY
Owner ............................................ MSdeQ Properties
ApplicantJAgent ............................. Lac Hong & Lien Thi Nguyen s.w. ~O~H ST.
Location ......................................... East side of Wallace Ddve,
approximately 1,300 feet north of
Linton Boulevard.
Property Size ................................. 1.86 Acres
Existing Future Land Use Map ...... General Commercial
Proposed Future Land Use Map .... Commerce
Current Zoning ............................... POC (Planned Office Center)
Proposed Zoning ........................... LI (Light Industrial)
Adjacent Zoning ................... North: R-1-A (Single Family Residential)
East: RM (Multiple Family Residential)
South: AC (Automotive Commercial)
West: MIC (Mixed Industrial &
Commercial)
Existing Land Use .......................... Vacant office building (formerly
an HRS building).
Proposed Land Use ....................... Establishment of an Optical
Equipment Manufacturing
..Facility.
Water Service ................................ Existing on site·
Sewer Service ................................ Existing on site.
SOUTHRIDGE
VILLAGE
CONDO
LIN T 0 N BOULEVARD
The item before the Board is that of making a recommendation on
a privately initiated Small-Scale Future Land Use Map Amendment
from General Commercial to Commerce and a rezoning from POC
(Planned Office Center) to LI (Light Industrial) for the Former HRS
Building.
The subject property is located between Wallace Drive and S.W.
10th Avenue, approximately 1,300 feet north of Linton Boulevard.
The proposal incorporates an unplatted parcel of land consisting of 1.86 acres.
The property was developed in 1983 while under Palm Beach County
jurisdiction. In 1988, the subject property was annexed into the City pursuant to
the Enclave Act (via Ordinance No. 51-88) with the CF (Community Facilities)
zoning designation.
With the Citywide rezoning and adoption of the Comprehensive Plan in October
of 1990, the subject property was rezoned to POC (Planned Office Center). The
site was formerly occupied by the Florida Department of Health and
Rehabilitative Services (HRS) which vacated the premises in 1993. The building
has remained vacant since.
On March 1, 1996, a request for a Future Land Use Map amendment to
Commerce and rezoning of the property to LI (Light Industrial) was submitted
and is now before the Board for action.
The proposal is to change the Future Land Use Map designation from General
Commercial to Commerce and rezone the property from POC (Planned Office
Center) to LI (Light Industrial). The FLUM amendment and rezoning are being
processed to accommodate Tower Optical Corporation, an optical equipment
manufacturer, which wishes to occupy the existing 18,400 sq.ft, office building.
In addition to the manufacturing aspect, the facility would also house the
company's marketing, accounting, research and development, and advertising
components. This facility will employ 10 - 25 persons who are primarily skilled
workers. Shipping and receiving are handled through parcel post
vehicles/carriers (UPS, FEDX).
This Future Land Use Map Amendment is being processed as a Small Scale
Development pursuant to Florida Statutes 163.3187. This statute states that any
local government comprehensive land use plan amendments directly related to
P & Z Board Staff Report
Small Scale FLUM Amendment from General Commercial to Commerce and Rezoning from CF to
POC for the former HRS Building
Page 2
proposed small scale development activities may be approved without regard to
statutory limits on the frequency of consideration of amendment (twice a year),
subject to the following conditions:
The amendment does not exceed either 10 acres of nonresidential land or
10 acres of residential land with a density of 10 units per acre or less;
El The cumulative effect of the amendments processed under this section
shall not exceed 60 acres annually; and,
The proposed amendment does not involve the same owner's property
within 200 feet of property granted a change within a period of 12 months.
The land use map amendment involves a 1.86 acre area, thus the total area is
less than the 10 acre maximum for nonresidential land uses. The amendment to
Commerce is being processed concurrently with a rezoning request to Lt (Light
Industrial) to facilitate the establishment of an optical equipment manufacturer.
This amendment along with other small scale amendments processed this year
will not exceed 60 acres. This property has not previously been considered for a
land use amendment nor have any of the same property owner's properties been
granted a land use change within 200 feet or within the last year.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives and policies were found.
Future Land Use Element Policy A-'I.4 "Commerce" Land Use which
involves a mix of light industrial, commercial uses, and research and
development are the most needed land uses during the City's final stage of
build-out. Thus,-changes to the Land Use Map which diminish this land
use are discouraged.
As described above, the Commerce land use has been designated as the
City's most needed land use category, pdmadly due to the job
opportunities it represents. Approval of the FLUM amendment will result
in the establishment of a desirable industrial use which will increase the
City's tax base and provide for additional employment opportunities of a
technical nature. Thus, the FLUM amendment from General Commercial
to Commerce supports this Policy.
Conservation Policy A-l.l: The practice of monitoring groundwater
conditions through installation of monitoring wells shall be con.t_?ued. In
addition, monitoring wells are to be installed for non-residential-'land uses "~'- :~
which locate within zone 3 around the series 20 and eastern wellfields.
P & Z Board Staff Report
Small Scale FLUM Amendment from General Commercial to Commerce and Rezoning from CF to
POC for the former HRS Building
Page 3
Provisions shall be made for data from these private monitoring wells to be
used in the City's on-going monitoring efforts.
Pursuant to the Wellfield Zone Protection Map, the subject property is
located within the zone ~-4. The County Wellfield Protection Ordinance,
administered by Palm Beach County Department of Environmental
Resources Management (DERM), determines whether or not monitoring
wells are required for any property. An Affidavit of Notification is required
to be transmitted to DERM which identifies the materials that are stored
on the site or utilized in the processing aspect of the facility. The applicant
has indicated that the manufacturing process does not use or produce
any toxic materials. However, with the submittal of a site plan application,
an Affidavit of Notification must be provided to DERM. The proposed LI
zone district limits the amount of substances that can be stored on the
property. This policy also addresses LDR Sections 3.3.4(A), which
requires assurance that provisions of the County Wellfield PrOtection
Ordinance shall be followed.
Land Use Analysis:
Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land
Use Map), all land uses and resulting structures must be allowed in the
zoning district within which the land is situated and, said zoning must be
consistent with the land use designation as shown on the Future Land Use
Map.
The proposed Commerce land use designation will allow the following zoning
classifications: LI (Light Industrial), MIC (Mixed Industrial and Commercial), PCC
(Planned Commerce Center), RT (Resort Tourism), OSR (Open Space and
Recreation), OS (Open Space), and CF (Community Facilities).
In conjunction with the Future Land Use Map amendment to Commerce, a
rezoning to LI (Light Industrial) is being sought. The FLUM amendment and
rezoning to LI are being processed concurrently to facilitate the establishment of
an optical equipment manufacturing facility. Within the LI zone district, the
proposed.facility is allowed as a permitted use [ref. LDR Section 4.4.26(B)(3)].
Adjacent Land Use Map Desi_onations. Zonino_ Desi_anations & Land Uses:
North: North of the property has a Future Land Use Map designation of
Redevelopment Area #2 and is zoned R-1-A (Single Family Residential). The
existing land use is a single family dwelling and vacant parcel containing potted
landscape materials.
P & Z Board Staff Report
Small Scale FLUM Amendment from General Commercial to Commerce and Rezoning from CF to
POC for the former HRS Building
Page 4
South: South of the property has a General Commercial land use designation
and is zoned AC (Automotive Commercial). The existing use of the property is
the Wallace Nissan/Dodge automobile dealership.
East: East of the property, across S.W. 10th Avenue, has a Future Land Use
Map designation of Medium Density Residential (5-12 u/ac) and is zoned RM
(Medium Density Residential). The existing land use is The Groves of Delray
multiple family complex.
West: West of the property, across Wallace Drive, has a Future Land Use Map
designation of Redevelopment Area #2 and is zoned MIC (Mixed Industrial and
Commercial). The existing land uses are two single family dwellings.
Allowable Land Uses:
Under the current General Commercial FLUM designation, commercial and office
developments (GC, PC, AC, NC, POC, POD and RT zoning designations) are
allowed. The property is currently zoned POC which allows business and
professional office uses.
Under the proposed Commerce FLUM designation, industrial developments
(PCC, I, MIC and LI zoning designations) are allowed. The applicant has
requested a zoning designation of LI (Light Industrial), which allows the
proposed optical equipment manufacturing facility as a permitted use [ref. LDR
Section 4.4.26(B)(3)]. The LI zone district allows primarily non-intensive industrial
uses as well as office uses. Based upon the above, a positive finding can be
made with respect to consistency with the Future Land Use Map designation.
Land Use Compatibility:
As described in the Future Land Use Element of the Comprehensive Plan, the
General Commercial land use designation is to be applied to land which is, or
should be, developed for general commercial purposes e.g. retail, office,
services.
The proposed Commerce land use designation is applied to property which is
developed, or is to be developed, in such a manner as to accommodate a mix of
industrial, service, and commercial uses. This may be accomplished through
either a development of existing parcels or a planned concept.
Compatibility with the adjacent residences is not a major concern. The
residences to the east and west will be separated from the proposed industrial
property by public streets with 50' (S.W. 10th Avenue) and 60' (Wal!~ace Drive)
right-of-way widths. The existing structure is set back 150' from: the west
P & Z Board Staff Report
Small Scale FLUM Amendment from General Commercial to Commerce and Rezoning from CF to
POC for the former HRS Building
Page 5
property line and 50 feet from the east property line. The multiple family
development to the east also contains an existing 6' c.b.s, wall and landscaping.
With respect to the abutting single family residence to the north, the existing
office building is set back 72 feet from the north property line with a parking area
between the building and the north property line. There are existing regulations
in place to mitigate impacts with the residences such as trees every 25 feet with
a continuous hedge or 6' high masonry wall adjacent to the residences. Further,
sufficient regulations currently exist (i.e. restricted uses and buffering) to mitigate
adverse impacts of the light industrial uses [ref. LDR Sections 4.6.4(B) and
4.4.26(F),(G), & (H)]. The hours of operation is not a major concern as the
proposed business as well as most businesses normally operate between 8:00
a.m. and 5:00 p.m. The proposed optical equipment manufacturing business is
not expected to generate any adverse noise, odors, or visual impacts.
The existing single family residences are located within the Redevelopment Area
#2 [Wallace Drive (fka Germantown Road) Industrial Area]. Pursuant to Future
Land Use Element Policy Co2.5, the Wallace Drive Industrial Area shall be
primarily industrial with an emphasis on commerce uses (LI, PCC, MIC zone
districts). Unimproved and underimproved rights-of-way shall be abandoned
when it facilitates the aggregation of parcels and larger scale development
provided that the right-of-way is not essential for traffic flow purposes. Support
uses for the existing automobile dealerships are encouraged. All commercial
uses shall be allowed with the exception of "strip-type" development along
Wallace Drive which is not desired because of traffic conflicts along the collector
street.
The existing single family residences west of Wallace Drive are nonconforming
uses, as they are not permitted in the MIC (Mixed Industrial and Commercial)
zone district, while the single family residence to the north is permitted in the R-
I-A zone district. Given the existing development pattern along Wallace Drive,
the proximity of the area to the Linton Boulevard and 1-95 interchange, and the
existing industrial and commercial uses to the west and south, the properties
within this area provide excellent opportunities for commerce type 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.
Water & Sewer:
Water service currently exists via a service lateral connection to an 10"
water main along Wallace Drive. :~- ?
P & Z Board Staff Report
Small Scale FLUM Amendment from General Commercial to Commerce and Rezoning from CF to
POC for the former HRS Building
Page 6
Adequate fire suppression is provided via an existing fire hydrant at the
southwest corner of the site, adjacent to Wallace Drive.
El Sewer service currently exists via a service lateral 'connection to an
existing 8" main within Wallace Drive.
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.
Drainage:
With FLUM and rezoning requests drainage plans are not required. The site is
currently developed with an 18,400 sq.ft, building and asphalt parking areas.
The drainage is currently retained on-site site via sheet flow to a
landscape/swale area on the south side of the building. The FLUM amendment
and rezoning will not negatively impact this existing situation.
Traffic:
Under the current General Commercial FLUM designation, the maximum
development potential would be 18,400 sq.ft, of retail generating 1,357 average
daily trips IGC (General Commercial) zoning]. The current POC office
designation generates 390 average daily trips. Under the proposed Commerce
land use and LI zoning designations, the maximum development potential would
be the office use (390 trips). However, the proposal is to accommodate a light
industrial use which will generate 128 trips. Thus, the FLUM amendment and
rezoning would result in a decrease of vehicle trips generated, and will not have
an impact with respect to traffic concurrency.
Parks and Recreation:
Park and dedication requirements do not apply to nonresidential uses. Thus,
there will be no impact on this level of service standard.
Solid Waste:
Trash generated each year by the proposed industrial use would be equal to or
less than trash generated from the uses allowed by the applicable zoning
districts of the General Commercial land use designation (POC, POD, NC, GC,
AC, PC, RT, NC). The development of these properties under the Commerce
land use designation should not create an adverse impact on this level of service
standard. :'~- '~'
P & Z Board Staff Report
Small Scale FLUM Amendment from General Commercial to Commerce and Rezoning from CF to
POC for the former HRS Building
Page 7
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, Concurrency and Comprehensive Plan Consistency
were previously discussed under the Future Land Use Map Analysis section of
this report. Compliance with respect to Compliance with the Land
Development Regulations (Standards for Rezoning Actions, Rezoning
Findings) are discussed below.
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 Rezonin~l Actions): Standards A-C are not
applicable. The applicable p.,erformance standard of Section 3.3.2 is 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.
The property to the north is zoned R-I-A (Single Family Residential); to
the south is zoned AC (Automotive Commercial); to the east, across S.W.
10th Avenue, is zoned RM (Multiple Family Residential); and, to the west
across Wallace Drive is zoned MIC (Mixed Industrial and Commercial).
The land uses adjacent to the property include the following: north of the
property is a single family residence and vacant land; south is an
automobile dealership (Wallace Nissan/Dodge); to the east is an adult
oriented multiple family development (The Groves of Delray); -and, to the ..:-~-
west are two single family homes. '
P & Z Board Staff Report
Small Scale FLUM Amendment from General Commercial to Commerce and Rezoning from CF to
POC for the former HRS Building
Page 8
Compatibility with the adjacent residential properties is not a major
concern. The LI (Light Industrial) zoning designation allows business
office uses, which are permitted under the current POC zoning
designation, and light industrial uses such as manufacturing, assembly,
and wholesale. The LI district requires that all uses be conducted within
an enclosed building. Intense uses such as auto repair are not allowed.
The hours of operation are not a major concern as this business as well
as most businesses normally operate between 8:00 a.m. and 5:00 p.m.
Truck traffic will not be impacting as shipments are handled through
parcel post vehicles/carriers. The existing office building has co-existed
with the surrounding uses for many years. Thus, the proposal will not be
introducing a nonresidential use to the property or the area. The
conversion of the property to the light industrial use will allow upgrades to
a currently blighted property which has been vacant for three years and
has not been well maintained.
The existing building is separated from the residential properties by
parking areas. There are existing regulations in place to mitigate impacts
with the residences such as trees every 25 feet with a continuous hedge
or 6' high masonry wall adjacent to the residences. Further, sufficient
regulations currently exist i.e. restricted uses and buffering to mitigate
adverse impacts of the industrial uses [ref. LDR Sections 4.6.4(B) and
4.4.26(F),(G), & (H)].
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: :~.._ ..;..
P & Z Board Staff Report
Small Scale FLUM Amendment from General Commercial to Commerce and Rezoning from CF to
POC for the former HRS Building
Page 9
"This request for rezoning to LI will be consistent with the proposed
Commerce land use designation. Given the adjacent and industrial uses
in the area, and the Iow visibility from a major roadway, the property is
more marketable for industrial use, rather than off/ce use. The property
has been vacant for 3 years and is blighted. The rezoning will allow the
re-occupation of an existing structure and upgrading of the property. The
requested LI zoning is of similar intensity as other existing industrial and
commercial uses which exist to the west and south and is more
appropriate based upon the above stated circumstances."
Comment: The justification statement addresses Item "c" as the basis for which
the rezoning should be granted. The requested LI (Light Industrial) zoning is
consistent with the proposed Commerce land use designation and is the least
intensive of the industrial zoning designations. Given the surrounding area and
its development pattern, the LI zoning is appropriate. Rezoning of the property
to LI will enable upgrades to a blighted property in a manner that will be
compatible with the adjacent residences as well as an asset to the surrounding
area. Redevelopment of this parcel will be an inducement the area and may
encourage redevelopment and development of surrounding properties. Based
upon the above, it is appropriate to rezone the property to LI.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
As currently zoned, the subject property does not meet the minimum
development size of the POC zoning district, which is 4 acres with individual lot
sizes of I acre. Further, it does it does not comply with the Special District
Boundary Treatment [ref. LDR Section 4.6.4(C)] which requires a 25 foot
landscape setback area where P, OC zoning abuts residential zoning.
The subject property will comply with LI zone district development standards.
There is adequate .on-site parking to accommodate the proposed industrial use.
In addition, the property complies with the Special District Boundary Treatment
requirements which apply where industrially zoned property is adjacent to
residentially zoned property [ref. LDR Section 4.6.4(B)]. If the land use plan
amendment and rezoning are approved, submittal of a site plan modification
application will follow. The site plan modification will involve upgrades to the
entire site including architectural improvements. There are no problems
anticipated complying with the Land Development Regulations.
The subject property is not within a geographical area requiring review by the
Community Redevelopment Agency, Downtown Development Authority or the
Historic Preservation Board. '":~
P & Z Board Staff Report
Small Scale FLUM Amendment from General Commercial to Commerce and Rezoning from CF to
POC for the former HRS Building
Page 10
Courtesy Notices:
Courtesy notices have been provided to the following civic and homeowners
associations:
El Delray Property Owners
El Progressive Residents of Delray (PROD)
I~ The Groves of Delray
El Woods of Southridge
Public Notice:
Formal public notice has been provided to property owners within a 500' radius
of the subject property. Letters of objection and support, if any, will be presented
at the Planning and Zoning Board meeting.
The Future Land Use Map Amendment from General Commercial to Commerce
is consistent with the policies of the Comprehensive Plan and Chapter 3 of the
Land Development Regulations. The amendment will provide additional
Commerce designated land which will help to provide additional employment
opportunities. The rezoning from POC to LI is consistent with the policies of the
Comprehensive Plan and Chapter $ of the Land Development Regulations. The
proposed manufacturing use as well as the proposed LI zoning designation are
consistent with the Commerce land use designation. Also, positive findings can
be made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that the LI is
more appropriate given the circumstances particular to the site and the
surrounding area. Re-occupatior~ of the structure under the POC zoning may be
unrealistic. The LI zoning appears to be more appropriate given the narrowness
of the property and its proximity to the industrial developments to the west and
the commercial development to the south. There are existing requirements to
mitigate any potential impacts, however, none are foreseen. The property can
be developed in a manner that will be an inducement to the area and may
encourage redevelopment and development of surrounding properties.
A. Continue with direction.
B. Recommend approval of the Small-Scale Future Land Use Map
Amendment from General Commercial to Commerce, and the rezoning
request from POC to LI based upon positive findings with respect to
Chapter 3 (Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and LDR Sections
2.4.5(D)(5)(c).
P & Z Board Staff Report
Small Scale FLUM Amendment from General Commercial to Commerce and Rezoning from CF to
POC for the former HRS Building
Page 11
C. Recommend denial of the Small-Scale Future Land Use Map Amendment
from General Commercial to Commerce and the rezoning request from
POC to LI with the based upon a failure to make [positive findings with
respect to LDR Section 2.4.5(D)(5), that the rezoning fails to fulfill one of
the basis.
Recommend to the City Commission approval of the Small-Scale Future Land
Use Map amendment for General Commercial to Commerce and the rezoning
from POC to LI based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and LDR Sections 2.4.5(D)(5)(c).
Attachment:
Future Land Use Map
Zoning Map
Survey
This Staff Report prepared by: Jeff Costello, Senior Planner
DELRA Y BEACH
CEMETERY s.w. 9TH CT.
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~ REZONING FROM "POC" -.-,TO "LI',' ...
PLANNING DEPAR'~£N T
CITY Of' OELRAY BEACH, ~
---- DIEI~'AI. ~,45~' ~ 5Y~I"[M -- MAP REF: LM026
CITY OF DELRAY BEACH,, FLORIDA
NOTICE OF LAND USE CHANGE
The City Commission of the City c~f Delray Beach, Florida, will
consider a proposed change to the Future Land Use Map for a 1.86
acre parcel of land located on the east side of. Wallace Drive,
approximately 1,300 feet north of Linton Boulevard (former HRS
building site). The proposal involves a Small Scale Future Land Use
Map amendment FROM General Commercial TO Commerce.
The City Commission will conduct a Public Hearing on TUESDAY.
MAY 21. 1996. AT 7:00 RM. (or at any continuation of such meeting
which is set by the Commission), in the Commission Chambers at
City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. At this
meeting the City Commission intends to adopt this small scale
amendment to the Future Land Use Map. Th'e title of the enacting
ordinance is as follows:
ORDINANCE NO. 20-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND
USE MAP DESIGNATION FROM GENERAL COMMERCIAL TO
COMMERCE, AND REZONING FROM POC (PLANNED OFFICE
CENTER) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT, FOR
A PARCEL OF LAND LOCATED ON THE EAST SIDE OF
WALLACE DRIVE, APPROXIMATELY 1,300 FEET NORTH OF
LINTON BOULEVARD, AS THE SAME IS MORE PARTICULARLY
DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; AND AMENDING ',ZONING
MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
All interested citizens am invited to attend the public hearing and
comment upon the proposed Land Use Map Amendment or
submit their comments in writing on or before the date of this
hearing to the Planning and Zoning Department. For further
information or to obtain copies of the proposed amendment,
please contact Jeff Costello at the Planning and Zoning
Department, City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida 33444 (Phone 407/243-7040), between the hours of 8:00
a.m. and 5:00 p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE CITY COMMISSION
WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
HEARING, SUCH PERSON WILL NEED A RECORD OF THESE
PROCEEDINGS AND, FOR THIS PURPOSE MAY NEED TO
ENSURE THAT A VERBATIM RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS
TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE
SUCH RECORD. PURSUANT TO F.S. 286.0105.
CITY OF DELRAY BEACH
Alison MacGregor Harry
City Clerk
PUBLISH:TMI-~'NEWS14' 1996
Boca Raton/Delray Beach
Ad #718544
d.
CITY OF DELRAY BEACH' FLORIDA ~~~0 ~~
NOTICE OF LAND USE CHANGE
The City Commission of the City of Delray Beach, Florida, will consider a
proposed change to the Future Land Use Map for a 1.86 acre parcel of land
located on the east side of Wallace Drive, approximately 1,300 feet north
of Linton Boulevard (former HRS building site). The proposal involves a
Small Scale Future Land Use Map amendment FROM General Commercial TO
Commerce.
The City Commission will conduct a Public Hearing on TUESDAY, MAY 21, 1996,
AT 7:00 P.M. (or at any continuatiOn of such meeting which is set by the
Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue,
Delray Beach, Florida. At this meeting the City Commission intends to
adopt this small scale amendment to the Future Land Use Map. The title of
the enacting ordinance is as follows:
ORDINANCE NO. 20-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF D~.LRAY BEACH,
FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM
GENERAL COMMERCIAL TO COMMERCE, AND REZONING FROM POC (PLANNED
OFFICE CENTER) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT, FOR A
PARCEL OF LAND LOCATED ON THE EAST SIDE OF ~r.r,ACE DRIVE,
APPROXIMATELY 1,300 FEET NORTH OF LINTON BOULEVARD, AS THE SAME
IS MORE PARTICUI2%RLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER
THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
1994"; PROVIDING A GENERAL REPEAL~.R CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
All interested citizens are invited to attend the public hearing and
comment upon the proposed Land Use Map Amendment or sutm~t their comments
in writing on or before the date of this hearing to the Planning and Zoning
Department. For further information or to obtain copies of the proposed
amendment, please contact Jeff Costello at the Planning and Zoning
Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444
(Phone 407/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday, excluding holidays.
PL~.ASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY
THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING,
SUCH PERSON WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR THIS PURPOSE
MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE
NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
May 14, 1996 Alison MacGregor Harry
City Clerk
Instructions to Newspaper: This ad is not to appear in the legal
advertisement section of the newspaper. The ad must be at least two (2)
columns wide by ten (10) inches long. The headline [CITY OF DELRAY BEACH,
FLORIDA NOTICE OF LAND USE CHAISE] must be an 18 point bold headline.
Thank you.
LEGAL VERIFICATION FORM
FILE #:96-112 AND 96-113
PROJECT NAME: MSdeQ PROPERTIES (FORMER HRS BUILDING)
LEGAL DESCRIPTION:
Beginning at a marker at the Southeast corner of Block D, Plat of
Sunny Acres, as recorded in Plat Book 21, page 63, Palm Beach
County, Florida, and run West 156.7 feet to Germantown Road;
thence Northeasterly along Germantown Road 175 feet; thence
East to the East line of the East half of the West half of Lot 30, Plat
of Map Showing Subdivisions of portions of Townships 45 and 46
South, Range 43 East as recorded in Plat Book 1, page 4, Palm
Beach County, Florida; thence South along the said East line to
the Southeast corner of the East half of the West half of Lot 30;
thence West to the Southwest corner of the East half of the West
half of Lot 30; thence North 25 feet to the Point of Beginning;
located in the Southwest Quarter of Section 20, Township 46
South, Range 43 East. LESS AND EXCEPT the East 25 feet
thereof.
Together With:
That part of the right-of-way for Georgia Street as shown on the
plat of Sunny Acres, Palm Beach County, Florida, according to the
plat thereof recorded in Plat Book 21, at page 63 of the Public
Records of Palm Beach County, Florida described as follows:
Begin at the Southeast corner of Lot 8, Block D as shown on said
Plat of Sunny Acres; thence S 88 degrees 09'14" W, along the
South line of said Lot 8, 156.70 feet to the east right-of-way line of
Germantown Road; thence S 22 degrees 37' 01" W, along said
East right-of-way line 27.47 feet to a line 25.00 feet South of and
parallel with the said South line of Lot 8; thence N 88 degrees
09'14"E, along said parallel line, 167.31 feet to the intersection with
the Southerly prolongation of the East line of said Lot 8; thence N 0
degrees 05'43'~/V, along said Southerly prolongation, 25 feet to
said point of beginning.
SOURCE of Legal Description: SURVEY (copy attached)
VERIFICATION REQUEST NEEDED BY: MAY 1, 1996
LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO
SECOND READING:
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY:
LEGHRS