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Ord 03-02ORDINANCE NO. 3-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) TO CBD (CENTRAL BUSINESS DISTRICT); SAID LAND BEING A PARCEL LOCATED ON THE EAST SIDE OF BRONSON AVENUE APPROXIMATELY 100' SOUTH OF EAST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; 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 July, 2001, as being zoned RM (Multiple Family Residential - Medium Density); and WHEREAS, at its meeting of August 20, 2001, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted unanimously to recommend approval that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated July, 2001, be amended to reflect the revised zoning classification of CBD (Central Business District). 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: North 1/2 of Lot 7 (less the East 10 feet), Block 2, Ocean Park, recorded in Plat Book 5, Page 15, of the Public Records of Palm Beach County, Florida Section 2. That the Zoning District Map of the City of Delray Beach, Florida, dated July, 2001, is hereby changed from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District). Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, dated July, 2001, to conform with the provisions of Section 2 hereof. Section a~. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective upon Comprehensive Plan Amendment 2001-02 becoming effective. PASSED,.tAI~, D ADOPTED in regular session on second and final reading on this the ..... day o~--~~_ ..... ,200_~__. ~ t,0, ~~x~~' ATTEST City Clerk First Reading ~/~ · ........... Second Reading- MAYOR 2 ORD NO. 3-02 lO0 I~MILY RE~EENTU~ - MBXOM 'MW A'VEIIJ[ ~l- ' IMI~.Y 100' IIXJTH OF EAST 100 ANNOUNCEMENTS IaO&L NOTICES AN OROINANCE O~ THE CITY COM- MISSION OF THE crl¥ OF DELFIAY BEACH FLORIDA REZONING LAND PRESENTLY ZONED RM (MOLTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) TO C~D (CENTRAL 8USl NESS D~STR~CT~. SA~D LAND BE~I~ A P/IP. CEL LOCA'I~D ON THE EAST SIDE Of BRONSON AVENUE APPROXI MATELY ~00 SOUTH OF EAST ATLJU~IC AVENUE AS M0~:IE PAR* TICULARLY DESCRIBED HE~EtN AROVID~NG A GENERAL REPEALER CLAUSE ASAVWG CLAUSE ANDAN EI:RECTIVE DATE ~g~, ~,~n pe~on may ne~ to e~ure w ixepare s~c~ m:~cl Fur- ~ O~c DELRAY BEACH MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM /0 - ~- REGULAR MEETING OF FEBRUARY 5, 2002 ORDINANCE NO. 3-02 (CORRECTIVE REZONING A PARCEL OF LAND LOCATED ON THE EAST SIDE OF BRONSON AVENUE APPROXIMATELY 100' SOUTH OF EAST ATLANTIC AVENUE) FEBRUARY 1, 2002 This is second reading and a quasi-judicial hearing for Ordinance No. 3-02 which is a corrective rezoning of a parcel of land located on the east side of Bronson Avenue approximately 100' south of East Atlantic Avenue. The said property is the north half of Lot 7 Block 2, Ocean Park Subdivision and is part of a larger property containing a mixed-use development (office, retail shops, a restaurant and a second floor aparunent unit). The action requested is corrective as the current zoning district boundary line bisects the southernmost building on the site. The north 94 feet of the property is zoned CBD (Central Business District) while the south 16.65 feet is zoned RM (Multiple Family Residential-Medium Density). A Future Land Use Map amendment is being processed separately with Comprehensive Plan Amendment 2001-02 to change the FLUM designation from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core). At first reading on January 8m, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 3-02 on second and final reading. Ref'akgmemo21.Ord.3-02 Rezoning Bronson Avenue.02.05.02 TO: THRU: FROM: SUBJECT: DAVID~. HARDEN, CITY MANAGER PAUL DORLING, DIREIjTI'QR OF PLANNING AND ZONING ASMIN ALLEN, PLANNER MEETING OF JANUARY 8, 2002 CORRECTIVE REZONING FROM RM (MULTIPLE FAMILY RESIDENTIAL- MEDIUM DENSITY) TO CBD (CENTRAL BUSINESS DISTRICT) FOR A PARCEL OF LAND LOCATED ON THE EAST SIDE OF BRONSON AVENUE APPROXIMATELY 100' SOUTH OF EAST ATLANTIC AVENUE The subject property is the north half of Lot 7 Block 2, Ocean Park Subdivision and is part of a larger property containing a mixed-use development (office, retail shops, a restaurant and a second floor apartment unit). The action requested is corrective as the current zoning district boundary line bisects the southernmost building on the site. The north 94 feet of the property is zoned CBD (Central Business District) while the south 16.65 feet is zoned RM (Multiple Family Residential-Medium Density). A Future Land Use Map amendment is being processed separately with Comprehensive Plan Amendment 2001-02 to change the FLUM designation from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core). Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. At its meeting of August 20, 2001, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony regarding the proposal. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the request be approved, based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), that the previous zoning district was established in error. By motion, approve on first reading the ordinance rezoning from RM (Multiple Family Residential - Medium Density) District to CBD (Central Business District), based upon the findings and recommendation by the Planning and Zoning Board and set a public hearing date of February 5, 2002. Attachments: P & Z Staff Report of August 20, 2001 ORDINANCE NO. 3432 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) TO CBD (CENTRAL BUSINESS DISTRICT); SAID LAND BEING A PARCEL LOCATED ON THE EAST SIDE OF BRONSON AVENUE APPROXIMATELY 100' SOUTH OF EAST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; 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 July, 2001, as being zoned RM (Multiple Family Residential - Medium Density); and WHEREAS, at its meeting of August 20, 2001, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted unanimously to recommend approval that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated July, 2001, be amended to reflect the revised zoning classification of CBD (Central Business District). 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: North 1/2 of Lot 7 (less the East 10 feet), Block 2, Ocean Park, recorded in Plat Book 5, Page 15, of the Public Records of Palm Beach County, Florida Section 2. That the Zoning District Map of the City of Delray Beach, Florida, dated July, 2001, is hereby changed from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District). Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, dated July, 2001, to conform with the provisions of Section 2 hereof. Section ar. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective upon Comprehensive Plan Amendment 2001-02 becoming effective. PASSED AND ADOPTED in regular session on second and final reading on this the ..... day of .................... 200 ATTEST MAYOR City Clerk First Reading. Second Reading. 2 ORD NO. 3-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: August 20, 2001 IV.B.2. Corrective Future Land Use Map Amendment from MD (Medium Density Residential) to CC (Commercial Core) and Rezoning from RM (Medium Density) to CBD (Central Business District) for a Parcel of Land Located on the East Side of Bronson Avenue Approximately 100' South of East Atlantic Avenue. GENERAL DATA: Owner .................................. Applicant/Agent .................... Location .............................. Property Size ....................... Futur~ Land Use Map ........ Current Zonir~g .................... C. Rinaldi City of Delray Beach East side of Bronson, 100' S. of Atlantic Avenue. 0.003 acres Medium Density (5-12 units/acre) RM (Multiple Family Residential - Medium Density) Proposed FLUM ................... CC (Commercial Core), Proposed Zoning ............ CBD (Central Business District) Adjacent Zoning .... North: East: South: West: Existing Land Use ............ Proposed Land Use .......... Water Service .................. Sewer Service .................... CBD (Central Bus~ness District) RM CF (Community Facilities) CF Mixed use development, containing retail, offices, restaurants, and residential. Same as existing Ex~sting on Site Exisbng on S~te. BERKSHIRE BY THE SEA GROSVENOR HOUSE MANOR HOUSE CONDO FTRE DELRA Y BEACH ATLANTIC AVENUE DOVER HOUSE CONDO OCEAN PLACE CONDO COCONUT ROW J JARDIN DEL MAR CONDO IV.B.2. The action before the Board is making a recommendation to the City Commission on a City initiated corrective Future Land Use Map (FLUM) amendment from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) and rezoning from RM (Medium Density Residential) to CBD (Central Business District) for a portion of the Rinaldi property. The subject property is located on the east side of Bronson Avenue approximately 100 feet south of Atlantic Avenue and contains 0.03 acres. 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. The subject property is the north half of Lot 7 Block 2, Ocean Park Subdivision and is part of a larger property containing a mixed-use development (office, retail shops, a restaurant and an apartment unit). The site was originally built in the 1950's as an apartment complex containing four apartment buildings. On July 17, 1978, building permits were issued to allow the conversion of the apartments to retail shops which included installation of an open courtyard area. In 1979, the second floor of the building located at the southwest corner of the site was converted back to a residential unit for the property owner. In researching the history of the Future Land Use Map designation and zoning of the property City records revealed that prior to 1977 the entire site was zoned LC (Limited Commercial). The Future Land Use Map designation for the property differed in that the north 94 feet of the 110.65' deep property was designated Commercial, while the south 16.65 feet was designated Medium Density Residential. On November 22, 1977, as a part of a City-wide rezoning, the City Commission changed the zoning for the south 16.65 feet (subject property) from LC (Limited Commercial) to RM-15 (Multiple Family Residential). With the adoption of the City's Comprehensive Plan and Future Land Use Map in November 1989, the FLUM on the north 94 feet of the property was changed to CC (Commercial Core), while the south 16.65 feet of the site was changed to MD (Medium Density Residential 5-12 du/ac). Subsequently the property was rezoned from LC to CBD and RM-15 to RM respectively with the adoption of the Land Development Regulations and citywide rezoning in October 1990. During the preparation of the rezoning request for the First Presbyterian Church, it was identified that the existing mixed-use development was located within two zoning and FLUM districts and that the district boundary line bisected the southernmost building. As the zoning change from commercial to residential was P & Z Board Staff Report Rinaldi Property - Corrective FLUM Amendment and Rezoning to CBD Page 2 established by ordinance, a formal zoning and correspondent FLUM amendment is therefore being processed to correct this error. 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 current RM zoning and Medium Density Future Land Use Map designation do not allow the existing mixed-use development. This portion of the site is part of an overall parcel and as such should have similar commercial designations. The Future Land Use Map amendment and rezoning is being sought to eliminate an existing inconsistency between the subject parcel and the remainder of the site. 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 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 current FLUM designation of MD on the south portion of the property (16.65') is inappropriate as the Medium Density Residential designation is inconsistent with the existing uses on the property. This corrective amendment will apply a Future Land Use Map designation of Commercial Core on the entire property reflecting the existing uses which have continued since 1978. Thus, the amendment will eliminate an inconsistency and correct a mapping error. Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The proposed FLUM amendment to CC is corrective in nature and eliminates the confusion of having dual land use map designations on one mixed-use site. P & Z Board Staff Report Rinaldi Property - Corrective FLUM Amendment and Rezoning to CBD Page 3 [3 Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposed rezoning and FLUM change are corrective, in nature and no new development or redevelopment is proposed with the request. Thus the request will have no impact with respect to Concurrency. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The requested designation of Commercial Core will be consistent with adjacent land use designation to the north, and will accommodate the existing uses. Since no development changes are proposed and the current uses have existed on the site since 1978, no compatibility concerns are noted with the multi-family and church uses to the east, west and south. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. The subject property is developed and no additional improvements are proposed with this request. A review of the applicable Comprehensive Plan Policies was undertaken and the following applicable policy was identified. Policy C-3.2 Coastal Management Element "There shall be no change in the intensity of land use within the barrier island and all infill development which does occur shall connect to the City's storm water management system and sanitary sewer system" The proposed FLUM amendment will not change the intensity of land uses as there are no changes proposed in the current uses on the site. 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. P & Z Board Staff Report Rinaldi Property - Corrective FLUM Amendment and Rezoning to CBD Page 4 Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. 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)($) (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 Rezonin.q Actions): Standard A, B, and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: (c) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The existing site currently is developed as a 110' deep strip commercial development along the south side of Atlantic Avenue. While the proposed change will increase the depth of the commercial zoning, it will accommodate the existing depth of the commercial development. (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 following zoning districts: to the north is zoned CBD (Central Business District); to the east is zoned RM (Medium Density Residential) and to the south and west is CF (Community Facilities). The existing land uses are: retail/restaurants to the north; multi-family residences to the east and First Presbyterian Church campus to the south and west. The zoning action is corrective, and will result in the application of an appropriate zoning classification which is consistent with the zoning designation of the balance of the property, and the associated land use. This use has been at this location since 1978 and no new development is proposed. Based upon the above, positive findings can be made with respect to the applicable performance standards. P & Z Board Staff Report Rinaldi Property - Corrective FLUM Amendment and Rezoning to CBD Page 5 Section 2.4.5(D)(5} (Rezonin.q Findin.qs): Pursuant to Section 2.4.$(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: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; 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 "a". The zoning change in 1977 was established in error as the change in the zoning district from LC to RM-15 bisected an existing development which operated as one business entity. This corrective rezoning will result in the assigning of an appropriate classification for the existing use as well as achieve consistency with respect to zoning designation for the entire parcel. The development proposal is not located within the review by the DDA (Downtown Development Preservation Board. geographical area requiring Authority) or the Historic Community Redevelopment Agency The Community Redevelopment Agency reviewed the request at its meeting of June 28, 2001, and recommended approval. Courtesy Notices: A special courtesy notice was provided to the Chamber of Commerce, PROD, the President's Council and the following homeowners associations: Beach Property Homeowners Association Via Marina 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. P & Z Board Staff Report Rinaldi Property - Corrective FLUM Amendment and Rezoning to CBD Page 6 The existing FLUM designation of MD (Medium density Residential 5-12du/ac) and zoning of RM (Medium Density Residential) is inappropriate for the property as the remainder of the property has a CC (Commercial Core) FLUM designation and is zoned CBD (Central Business District). The FLUM amendment and rezoning will correct a mapping error and result in FLUM and zoning consistency for the properties. The uses on the property have existed at this site for many years and will not be affected by the proposed changes. No new development or redevelopment is anticipated with this request. Positive findings can be made with respect to Future Land Use Element Policy ^-1.7 (FLUM Amendments Findings) of the Comprehensive Plan, and Sections 3.1.1, 3.2.2, and 2.4.5(D) of the Land Development Regulations. A. Continue with direction. Recommend to the City Commission approval of the corrective Future Land Use Map amendment from MD to CC and rezoning from RM to CBD based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), that the previous FLUM designation and zoning district were established in error. Co Recommend to the City Commission denial of the corrective Future Land Use Map amendment from MD to CC and rezoning from RM to CBD, based upon a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and Section 3.1.1 (A) of the Land Development Regulations, with the basis stated. Recommend to the City Commission approval of the corrective Future Land Use Map amendment from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) and rezoning from RM (Medium Density Residential) to CBD (Central Business District) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), that the previous FLUM designation and zoning district were established in error. Attachments: Exhibit A, Future Land Use Map & Zoning Map GROVE CONDO FIRE STA. NO. 2 CC A TL A N T SPA NISH RIVER RESORT lC AVEN U E DELRA Y BEACH MARRIOTT CC Area Subject to Modification -- 0 MIRAMAR STREET N CITY OF DELRAY BEACH, FL PLANNING & ZONING OEPARTMENT FUTURE LAND USE MAP AMENDMENT FROM. MEDIUM DENSITY (5-12 UNITS/ACRE) TO: COMMERCIAL CORE -- O/C/rAt ~ASE MAP S~Srgbl -- MAP REF, LM550 GROVE CONDO CF FIRE STA. NO. 2 CBD SPANISH RI VER RESORT ATLANTIC CBD Area Subject to Modification -- AVENUE DELRA Y BEACH MA RRIO TT MIRAMAR STREET MIRAMAR STREET N CITY OF DELRAY BEACH, FL PLANNING ~' ZONING DEPARTMENT REZONING FROM: RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY) TO' CBD (CENTRAL BUSINESS DISTRICT) 0 -- OlGIITAI. ,~4,.~E' ~ SYcJI'E'M -- MAP REF" LMS,,:,'30