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Ord 16-07
\. ORDINANCE NO. 16-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSNE PLAN FROM CC (COMMERCIAL CORE) IN PART AND OMU (OTHER MIXED USE) IN PART; TO OS (OPEN SPACE); ELECTING TO PROCEED .UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED CBD (CENTRAL BUSINESS DISTRICT) IN PART AND OSSHAD (OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT) IN PART TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED APPROXIMATELY 180 FEET NORTH OF EAST ATLANTIC AVENUE, BETWEEN NE 1ST AVENUE AND PINEAPPLE GROVE WAY (NE 2ND AVENUE), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, MARCH 2006"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, The City of Delray Beach, is the fee simple owner of a 1.34 acre parcel of land located approximately 180 feet north of East Atlantic Avenue, between NE 1St Avenue and Pineapple Grove Way (NE 2nd Avenue); and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (PLUM) designation of CC (Commercial Core) in part and OMU (Other Mixed Use) in part; and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (open Space); and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Dekay Beach, Florida, dated March 2006 as being zoned CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) District; and WHEREAS, at its meeting of April 16, 2007, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 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 further the objectives and policies of the Comprehensive Plan; and f 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 Dekay 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 DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. ection 2. That the Future Land Use Map designation of the subject property is hereby officially affixed as OS (Open Space). 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)3. Section 4. That the Zoning District Map of the City of Dekay Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of OSR (Open Space and Recreation) District for the following described property: The South 212.26 Ft. of the North 422.26 Ft. of Block 76, Map of the Town of Linton, according to the Plat thereof, recorded in Plat Book 1, at Page 3, of the Public Records of Palm Beach County Florida. tion 5. 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 4 hereof. 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. 2 ORD NO. 16-07 1 ,, Section 8. That this ordinance shall become effective as follows: thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall 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 Commission, 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, 2555 Shumard Oaks Boulevard, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this ~~ day of 2007. ATTEST: ~~ ~~ MAYOR ~.~\V~ Ciry Clerk First Readin ~ ~ ~~ Second Readin `~ ~~ 3 ORD NO. 16-07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # l ©' ~ -REGULAR MEETING OF MAY 15, 2007 ORDINANCE N0.16-07 DATE: MAY 11, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and quari judicial hewing for a City initiated Future Land Use Map amendment (small-scale) from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space) and rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed Urban Park adjacent to Old School Square, located approximately 180 feet north of East Atlantic Avenue, between N.E. 1S` Avenue and Pineapple Grove Way (N.E. 2"d Avenue). BACKGROUND At the first reading on May 1, 2007, the Commission passed Ordinance No. 16-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 16-07 on second and final reading. S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 16-07 FLUM and Rezoning Proposed Urban Park ?nd Reading.05.15.07.doc MEMORANDUM TO: MAYOR AND CITY COMMISSI NERS ~~pp FROM: JASMIN ALLEN, PLANNER ~'~-L~~%~!~ PAUL DORLING, AICP, DI CTOR PLANNING AND ZONING ~~ • TI-PROUGH: CITY MANAGER DATE: APRIL 23, 2007 SUBJECT: AGENDA ITEM #1~••A- MAY 1, 2007 City Initiated Future Land Use Map amendment (small-scale) from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space) and Rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed Urban Park adjacent to Old School Square, located approximately 180 feet north of East Atlantic Avenue, between NE 15` Avenue and Pineapple Grove Way (NE 2"d Avenue) ITEM BEFORE COMMISSION The action before the City Commission is aCity-initiated small scale Future Land Use Map amendment from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space) and rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed urban park, adjacent to Old School Square and located approximately 180 feet north of East Atlantic Avenue, between NE 1St Avenue and Pineapple Grove Way (NE 2nd Avenue). BACKGROUND The subject property contains approximately 1.34 acres and consists of Lots 4, 5, 10, 11 and portions of Lots 3, 6, 9 and 12, Block 76, Town of Delray. Additionally the 16 foot north/south alley which bisected the property has been abandoned and will be included in this rezoning and land use action. The property currently accommodates a public parking lot and an office building. In August 2000, the Old School Square Master Plan was adopted which included the construction of a new parking garage facility with retail facing Pineapple Grove Way and NE 1St Street (now under construction), and development of an urban park adjacent to the Old School Square Facility. The proposed changes are being sought in order to accommodate the proposed new urban park as neither the current CBD nor OSSHAD zoning allow parks as either a permitted or conditional use. City Commission Documentation Meeting of May 1, 2007 New Urban Park Adjacent to Old School Square- Future Land Use Map Amendment and Rezoning REVIEW BY OTHERS At its meeting of April 16, 2007, 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 5-0 to recommend to the City Commission approval of the Future Land Use Map amendment and 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. RECOMMENDATION Move a recommendation of approval to the City Commission for the Future Land Use Map amendment from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space) and rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed urban park, adjacent to Old School Square and located approximately 180 feet north of East Atlantic Avenue, between NE 1S` Avenue and Pineapple Grove Way (NE 2nd Avenue) 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. Attachments: ^ Planning and Zoning Board Staff Report of April 16, 2007 ^ Ordinance No. 16-07 2 ORDINANCE NO. 16-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM CC (COMMERCIAL CORE) IN PART AND OMU (OTHER MIXED USED) IN PART; TO OS (OPEN SPACE); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED CBD (CENTRAL BUSINESS DISTRICT) IN PART AND OSSHAD (OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT) IN PART TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED APPROXIMATELY 180 FEET NORTH OF EAST ATLANTIC AVENUE, BETWEEN NE 1sT AVENUE AND PINEAPPLE GROVE WAY (NE 2ND AVENUE), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, MARCH 2006"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, The City of Delray Beach, is the fee simple owner of a 1.34 acre parcel of land located approximately 180 feet north of East Atlantic Avenue, between NE lst Avenue and Pineapple Grove Way (NE 2nd Avenue); and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation of CC (Commercial Core) in part and OMU (Other Mixed Use) in part; and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (open Space); and 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 CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) District; and WHEREAS, at its meeting of April 16, 2007, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 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 further 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 CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Future Land Use Map designation of the subject property is hereby officially affixed as OS (Open Space). 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)3. Section 4. 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 OSR (Open Space and Recreation) District for the following described property: The South 212.26 Ft. of the North 422.26 Ft. of Block 76, Map of the Town of Linton, according to the Plat thereof, recorded in Plat Book 1, at Page 3, of the Public Records of Palm Beach County Florida. Section 5. 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 4 hereof. 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 2 ORD NO. 16-07 part declared to be invalid. Section 8. That this ordinance shall become effective as follows: thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall 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 Commission, 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, 2555 Shumazd Oaks Boulevazd, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200_. ATTEST City Clerk First Reading Second Reading MAYOR ORD NO. 16-07 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 16, 2007 AGENDA ITEM: Iv.B ITEM : Future Land Use Map amendment from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space) and Rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed Urban Park adjacent to Old School Square, located approximately 180 feet north of East Atlantic Avenue, between NE 1St Avenue and Pineapple Grove Way (NE 2nd Avenue) (Quasi- Judicial Hearing). GENERAL DATA: Owner/Applicant ..................... City of Delray Beach Location .................................. Approximately 180 feet north of East Atlantic Avenue, between NE 1St Avenue and Pineapple Grove Way (NE 2nd Avenue) Property Size ............................... 1.34 Acres Future Land Use Map ................. CC (Commercial Core) in part and OMU (Other Mixed Use) in part Current Zoning ............................ CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part Adjacent Zoning .................North: CBD (Central Business District) in part and OSSHAD (Old School ~ Square Historic Arts District) Z East: CBD (Central Business District) Z South: CBD (Central Business District) - in part and OSSHAD (Old School SE ~ ,5T - Square Historic Arts District) West: OSSHAD (Old School Square Historic Arts District) Existing Land Use ........................ Public Parking Lot and Vacant Office Building Proposed Land Use ..................... Park SE Water Service .............................. Existing on site Sewer Service .............................. Existing on site IV. B. ITEM BEFORE THE BOARD The action before the Board is making a recommendation to the City Commission on a City- initiated small scale Future Land Use Map amendment from CC (Commercial Core) in part and OMU (Other Mixed Use) in part and rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed urban park, adjacent to Old School Square and located approximately 180 feet north of East Atlantic Avenue, between NE 1 S' Avenue and Pineapple Grove Way (NE 2"d Avenue). Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map and rezoning of land. BAGKGROUNDIANALYSIS The subject property contains approximately 1.34 acres and consists of Lots 4, 5, 10, 11 and portions of Lots 3, 6, 9 and 12, Block 76, Town of Delray. The 16 foot north/south alley which bisected the property has been abandoned and will be incorporated within the property. The property was part of a larger parcel, a portion of which was used in the construction of the Block 76 Parking Garage and accommodates a public parking lot and an office building. Regarding the land use history, on November, 15, 1995, the Historic Preservation Board approved a Class V site plan to allow the construction of a 136-space public parking lot. The parking lot was further modified with the approval of a Class I site plan modification on November 16, 1998, to allow the construction of ten (10) additional parking spaces. The Craig's Furniture warehouse building was converted to an office building and was approved by the Site Plan Review and Appearance Board on November 4, 1998. The office building was purchased by the City of Delray in November 2006, and will be demolished in conjunction with the proposed park improvements. In August 2000, the Old School Square Master Plan was adopted which included the construction of a new parking garage facility with retail facing Pineapple Grove Way and NE 1S` Street (now under construction), and development of an urban park adjacent to the Old School Square Facility. The proposed changes are being sought in order to accommodate the proposed new urban park. Neither the current CBD nor OSSHAD zoning allow parks as either a permitted or conditional use. Thus, to accommodate the proposed park, rezoning to OSR is being processed. Additionally, a Future Land Use Map amendment on the entire property to OS is also proposed. FUTURE LAND USE MAP AMENDMENT ANALYSIS Florida Statutes 163.31873 -Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that local government Comprehensive Plan Future Land Use Map amendments directly related to proposed small Planning and Zoning Board Staff Report -Meeting of April 16, 2007 Proposed Urban Park Adjacent to Old School Square -FLUM and Rezoning scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: ^ The amendment does not exceed 10 acres of land; ^ The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; ^ The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months; ^ That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre; ^ The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for asite-specific small scale development activity; and, ^ The property that is the subject of a proposed amendment is not located within an area of critical state concern. The Future Land Use Map amendment involves a 1.34 acre parcel. The proposed amendment is to OS (Open Space) and does not involve any residential densities. While the property is not located within a designated redevelopment, urban infill, downtown revitalization it is located within a traffic concurrency exception area, therefore the cumulative effect of amendments shall not exceed 120 acres. No other small-scale amendments have been processed this year within designated redevelopment and traffic concurrency exception areas. The property has not previously been considered for a land use map amendment nor has the same property owner's properties, within 200 feet, been granted a land use change, within the last year. The amendment does not involve a text change to the Comprehensive Plan and it is not located within an area of critical state concern. Pursuant to Land Development Regulation 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 Future Land Use Map amendment and rezoning is being sought to accommodate a future park on the site. The current CBD and OSSHAD zoning designations do not allow parks. The proposed OSR (Open Space and Recreation) zoning district allows "parks, public or private, active or passive including playgrounds, ball fields, interpretative trails, educational exhibits, and the like" as a principal use per LDR Section 4.4.27(8). Table L-7 "Land Use Designation/Zoning Matrix," of the Future Land Use Element, shows that the OSR zoning district is consistent with the OS Future Land Use Map designation. Thus, positive findings can be made regarding consistency of the FLUM. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: ^ Demonstrated Need --That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar 2 Planning and Zoning Board Staff Report -Meeting of April 16, 2007 Proposed Urban Park Adjacent to Old School Square -FLUM and Rezoning circumstances. The need must be supported by data and analysis. This policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space. The proposed open space designation does not require submittal of supporting data and analysis. However, it is noted the requested change is to accommodate the placement a park consistent with the adopted Parks and Recreation Master Plan and the Old School Square Master Plan. The current zoning will not allow the anticipated use thus the changes are being sought. ^ Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. Future Land Use Element: Objective A-1: -Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property accommodates a public parking lot and an office building which is to be removed as a part of this development proposal. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed park. While there will be a loss of the surface parking (146-spaces), the construction of the Block 76 Parking Garage which accommodates 523 parking spaces will provide 377 more spaces. Thus there will be a positive impact to the surrounding business with respect to the availability of parking. The development will be complimentary with the surrounding commercial developments and residential uses as it will provide for a new urban park. Parks and Recreation Element Policy A-2.15: The City shall establish an Urban Park as part of the expansion of Old School Square Cultural Center. Multiple funding sources are to be pursued and the development should be accomplished by FY 2006/2007. Policy A-2.1: The City shall provide additional park, recreation, and open space facilities through enhancement of existing facilities, major capital improvements, and the provision of new services to geographic areas which do not have facilities readily available to them. Policy A-2.2: The City, through the Parks and Recreation Department, shall place its first recreation priority on the provision of facilities for activities which serve all residents of the community and which can be achieved through completing the development of existing park areas, enhancing existing facilities, and adding specialized items such as playgrounds to existing facilities. Policy A-2.3: Funds shall be allocated, achieving Policy A-2.2. This mechanism which are applied to meeting that policy. on an annual basis, for the purpose of shall only be one of the funding sources 3 Planning and Zoning Board Staff Report -Meeting of April 16, 2007 Proposed Urban Park Adjacent to Old School Square -FLUM and Rezoning Policv A-2.14: All planning for parks and recreational facilities shall be in accordance with the adopted City of Delray Beach Parks and Recreation System Master Plan. The proposed park has been identified in the Old School Square Master Plan and the Parks and Recreation Master Plan as a vital asset to the proposed expansion of the Old School Square Cultural Arts Center. The proposed Future Land Use Map amendment and rezoning is the first step in the planning process to accomplish the above policy. ^ Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposed rezoning and FLUM change will place the property in an open space category rather than the current commercial and mixed-use category. This will result in a reduction in intensity therefore concurrency can be met and is not an issue. ^ Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The requested designation of OS will accommodate the proposed use of the property. It will provide an opportunity for an urban park and expand the Old School Square Cultural Arts Center to Pineapple Grove Way. ^ Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. The subject property will be developed as a park and will be reviewed for compliance with the LDR during the related site plan approval process. No problems are anticipated in meeting the LDR requirements. PINEAPPLE GROVE MASTER PLAN The Pineapple Grove Master Plan recommended the location of a park having frontage on Pineapple Grove Way and as close to the center of the Program area as possible be provided. ZONING ANALYSIS 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. 4 Planning and Zoning Board Staff Report -Meeting of April 16, 2007 Proposed Urban Park Adjacent to Old School Square - FLUM and Rezoning Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Zoning Consistency and Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions), along with the 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 making a finding of overall consistency. Section 3.2.2 (Standards for Rezoning Actions): Standard A, B, C and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 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. The property is surrounded by the CBD zone district to the north, south and east; and, by the OSSHAD zone district on the west. The adjacent land uses to the north is the Block 76 Parking Garage (now under construction), to the east and south are commercial uses and Old School Square Cultural Center to the west. The proposed changes will allow the site to be developed as an urban park to serve the neighboring business and visitors to the Downtown by providing an open and inviting public area. The utilization of the property in this manner is compatible and complementary with all adjacent uses. Section 2.4.5(D) (51 (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 reason for the rezoning is "b". The change in circumstance is the acquisition of the parcels by the City for the purpose of establishing an urban park in keeping with the adopted Old School Square Master Plan and Parks and Recreation Master Plan. The proposed land use changes and zoning change are necessary to accomplish that goal. Further, the zoning designation of Open Space and Recreation is more appropriate for the property to accommodate the 5 Planning and Zoning Board Staff Report -Meeting of April 16, 2007 Proposed Urban Park Adjacent to Old School Square -FLUM and Rezoning envisioned development as identified in the City Commission endorsed Old School Square and the Parks and Recreation Master Plans. REVIEW BY OTHERS ~ The development proposal is located within the geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) and PGMS (Pineapple Grove Main Street). Community Redevelopment Agency At its meeting of April 12, 2007, the CRA Board reviewed and recommended approval of the proposed Future Land Use Map amendment and rezoning. Downtown Development Authority (DDA) At its meeting of April 9, 2007, the DDA Board reviewed and recommended approval of the proposed Future Land Use Map amendment and rezoning. Pineapple Grove Main Street (PGMS) At its meeting of April 4, 2007, the PGMS Board reviewed and recommended approval of the Proposed Future Land Use Map amendment and rezoning. Courtesy Notices: A special courtesy notice was provided to the following Homeowners and Civic Associations: • Neighborhood Advisory Council • Chamber of Commerce 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. ASSESSMENT AND CONCLUSION The existing CBD and OSSHAD zoning designations are inappropriate in light of the proposed park use of the property. The FLUM amendment and rezoning will allow the development of the parcel as an urban park in keeping with the adopted Old School Square and Parks and Recreation Master Plans. As this is intended use of the property envisioned by the City it is appropriate to approve these changes. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the Comprehensive Plan, and Sections 3.11, 3.2.2, and 2.4.5(D) of the Land Development Regulations. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of denial to the City Commission for the Future Land Use Map amendment from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS 6 Planning and Zoning Board Staff Report -Meeting of April 16, 2007 Proposed Urban Park Adjacent to Old School Square - FLUM and Rezoning (Open Space) and rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed urban park, adjacent to Old School Square and located approximately 180 feet north of East Atlantic Avenue, between NE 1St Avenue and Pineapple Grove Way (NE 2nd Avenue) by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations. C. Move a recommendation of approval to the City Commission for the Future Land Use Map amendment from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space) and rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed urban park, adjacent to Old School Square and located approximately 180 feet north of East Atlantic Avenue, between NE 1St Avenue and Pineapple Grove Way (NE 2nd Avenue) by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission for the Future Land Use Map amendment for the Future Land Use Map amendment from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space) and rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed urban park, adjacent to Old School Square and located approximately 180 feet north of East Atlantic Avenue, between NE 1St Avenue and Pineapple Grove Way (NE 2nd Avenue) by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations. Attachments: ^ Location Map ^ Future Land Use Map ^ Zoning Map 7 w Q N.E. w Q w Q ST. 2ND 0 z CV CF ~ G A T L A N T I C E. -, ;I Tlir w' Q' 0 z (V 1ST S w z A V E N U E Lv Q S T. ~-- I I---I ~I ~I~H H~ I I ~ 1 IV'I-I I--I ~I---I I N SUBJECT NEW URBAN PARK SITE -~ PROPERTY CITY OF DELRAY BEACH, FL FUTURE LAND USE MAP PLANNING & ZONING DEPARTMENT - O/CITAL BASf MAP SYSTEM -- MAP REF: LM7007A I w a a Q N.E. rcF11~ A T L A N T I C I Z O I- z w ~ w > > a Q 0 N ~ ~ w vi S T. w vi N SUBJECT NEW URBAN PARK SITE -! PROPERTY CITY OF DELRAY BEACH, FL EXISTING ZONING MAP PLANNING & ZONING DEPARTMENT -- D/GITAL Q4SE MAP SYSTEM -- 2ND 0 S T. 1ST ST. w Lv z z A V E N U E 1ST MAP REF: LM1001B e C '. ~-ae-~ ~ l e~'aJ OI .-1 CITY OF DELRAY'BEACH REZONING AND LAND USE CHANGE The Crty Commission wilt conduct a Yublic Hearing on TI7ESDAY. MAY 1_t• 2007 at 7:00 n.m. in the Comtission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida (or arany continuation of such meeting which is set by the City Commission). At this matting the City Commission will consider aduphng this small scale amendment to the Futiite Land Use Map of the Compre- hensive Plan and the rczaning: The title of the enabling orclinance is as follows: A small scale -Future l.aod iae Map (FLUJvI) amendment tr1tOM CC (Commercial Corejin pax[ and Otri[J (Other Ffiri•d llsaJ in ~ TU (13 (Open Space) and rezoning PROM CBD. (C.cntral Business District) in pan TO.OSR (Open Space attd Recmation) for a proposal Urlvut Park adjacent to Uld School Square, located approximately 180.feet .north of East Atlantic Atenua; between N.E. Ist Avenue and Pineapple Grove Way (N.E. 2nd A~~enue). OR©iNANCRNO:.7G-i17 AN ORDLNANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIG- NATION AS CONTAINED 1N THE COMPREHENSIVE PLAN -FROM CC {CUMMERCI,AL CURE) 1N PART AND 6M0 (OTHER MIXED USED) IN PART; 1'0 OS (OPEN SPACL~; ELECTING TO PROCIi1aU UNDER'fHL•' SINGLE HEARINGAf)OPTION PROCESS rOR SMA1,L SCALE LAND USE PLAN AMENDMENTS; -AND RE7.ONING'AND PLACING- LAND PRESENTLY ZONED CBD (CENTRAL BUSINESS DISTRI(•I') IN PART AND OSSHAD (OLD SCHOUL SQUARE HISTORIC ARTS DIS`T'RICT) IN PARTTO OSR{OFEY SPACL' AND RECREATION) DISTRICT;-SAID LAND BEING A .PARCEL OF LA.'-VD LOCATfiD' APPROXIMAT1rLY 180 FEET- NORTH OP EASTATtANTICAVENUE,BFTWI'F,NNEiSTAVENUEAND P.INEAPPGEGROVL''WAY{NE2NDAVENriJE}AS'MOREPARTIC[JLARLY BESCRIHED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH; FL01[1DA;MARCH2Q06";PRUV1llINCiAG&TIERALREPT;ALERCLAUSE,: A SAVING CLAUSE, AND AN EFFECTIVE D:0.TE. r ~_ ~ !' - 1 ~ - A NTt C'- AVENUE E ~_ i _ __ ~~~ [LtJ1l All interested bitiiens are invited loattendthe public bearing anA comment upon the suture Land Use bfap arnendmenrand rezoning or suMnit their comments in writing nn or, before the date of this kearing to the Planning and 2nning: Department. For furdtor information ~r to obtain copies of theproposed amendment, please cnntac[ Jasrfiin Atlcaof the Planning and Zoning Department; 1U0 N.W. tst Avenue, Delray-: Beach, Fbrida 33444 (email at pzmail(r~fnydelrayheach.ciirit}, phone (j61)243-7040, Lutween the hours of R:00 a.m. and j`.00 p.m. cat weeltda}'s (excluding holidays): Pteas<:ba advised ttrat if a person derides to appeal any decision made by the City Commission with raspest to any matter. considered at this hearing; such person wilt need a verbatim record':of the proceedings, and far this purposesuch parson may need to ensure that aver(Tarim record of dte proceedings is inade, which record ittciudes the testimbrry and evidence upon which the appeal,is based. The Citydcesnorprovideorpreparesuchny:oirlpursuanitoF.S.286.0t05:: CITY OF DELRAY BEACH. CfievrolleD: Nubity CMC City Clerk PUBLISH: Friday, May 4, 2007 BOCARATONlUELRAYBEiACIINEWS ~/~~b~I ~~~~-