Ord 20-02ORDINANCE NO. 20-02
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
MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) TO
CC (COMMERCIAL CORE); ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS
FOR SMAI.I, SCALE LAND USE PLAN AMENDMENTS;
AND REZONING AND PLACING LAND PRESENTLY
ZONED RM (MULTIPLE FAMILY RESIDENTIAL -
MEDIUM DENSITY) DISTRICT TO CBD (CENTRAL
BUSINESS) DISTRICT; SAID LAND BEING A PARCEL OF
LAND LOCATED ON THE EAST SIDE OF VENETIAN
DRIVE, APPROXIMATELY 280 FEET SOUTH OF
ATLANTIC AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, FEBRUARY, 2002";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHERF. AS, 1000 Atlantic Avenue Partners, L.P., is the fee simple owner of a 0.1 acre
parcel of land located on the east side of Venetian Drive, approximately 280 feet south of Atlantic
Avenue; and
WHERF. AS, the subject property hereinafter described has an existing Future Land Use
Map (FLUM) designation of MD (Medium Density Residential 5-12 du/ac); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core); and
WHERF. AS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated February, 2002, as being zoned RM (Multiple Family
Residential - Medium Density) District; and
WHEREAS, at its meeting of May 20, 2002, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to
recommend 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, 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 Future Land Use Map designation of the subject property is hereby
officially affixed as CC (Commercial Core).
Section 2. 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 3. 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 CBD (Central Business) District for the
following described property:
The North 25 feet of Lot 1, Block C, John B. Reid's Village, according to the Plat
thereof as recorded in Plat Book 21, Page 95, Public Records of Palm Beach County,
Florida.
Section 4. 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 3 hereof.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 6. 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 7. 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 Deparu~xent of Community Affairs, Bureau of Local Planning, 2740 Centerview
Drive, Tallahassee, Florida 32399-2100.
2 ORD NO. 20-02
PASSED/AND ADOPTED in regular session on second and final reading on this the
day of~/?._.~ ,2002. ~ t~, ~~~~"~
City Clerk
First Readin~/~
MAYOR
3 ORD NO. 20-02
CITY OF DELRAY BEACH
NOTICE OF PROPOSED
LAND USE CHANGE
o A stuff sde Futur~. ~ .Use tAop roll.bent FROM MD (Me(fum ~.. Residentiol 5-12 du/cx)
TOCC(Comrm~)~aO.! ~ p~. I of ~ for a ~cel ofiand Io~ated on the eastside of
Venetian Drive, approximotdy 280 feet ,~xdh of Atlantic Avenue.
h ~ Cm11~ wig condud a Ii: Ih~ on TUESDAY, JUNE 18, 2002, AT 7.'00 P. AL, in
the Commission Clmmbers at ~ fi,fi, ]00 N.W. Id Avenue, Dehy Beach, Fio~ (o~ ~t any continu~lion
to the Future Land ~ Map of Ihe ~ I~.The tith of the enading ortho, is as follows:
AN ORDINANCE OF THE CITY CO/~ISSION 'OF THE CITY OF
DELRAY BEACH, FLORIDA AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN
FROM MD IMEDIUM DENSITY RESIDENTIAL 5A2 DU/Aq TO CC
(CO/~ERCIAL COREl; ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY
ZONED RM IMULTIPLE FAMILY RESIDENTIAL MEDIUM DENSII~
DISTRICT TO CBD (CENTRAL BUSINESSI DISTRICT; SAID LAND BEING A
PARCEL OF LAND LOCATED ON THE EAST SIDE OF VENETIAN DRIVE,
APPROXIMATELY 280 FEET SOUTH OF ATLANTIC AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, FEBRUARY, 2002"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECT~ DATE.
me,dmz, please co,d~_h ~ ~ Zoning I)e~m~, ~ H,II, ]~.N..w., ]st Ave, e,
Ddray Beoch, Florida 33444 (e.mm'l at pzmml~clelrayplanning.org or by coifing ~61-243-7040),
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 ClI~. DOES .NOT PROVIDE NOR PREPARE SUCH RECORD.
'o
I
,,0
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER .~
AGENDA ITEM # ~'~ C_- REGULAR MEETING OF JUNE 18. 2002
Otm~N~U~CE NO. 2o-o2 (AMENDING FUTURE LAND USE MAP)
DATE: JUNE 14, 2002
This ordinance is before Commission for second reading to amend the Future Land Use Map (small
scale) from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) and rezoning
from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District) for a
0.09 acre parcel of land located on the east side of Venetian Drive, 278' south of East Atlantic
Avenue. The property is the north 25' of Lot 1, Block C of the John B. Reid's Village, and contains a
parking area installed when the Atlantic Center Shoppes was constructed in 1957.
The Phnning and Zoning Board held a public hearing in conjunction with the request. There were
seven (7) people that expressed concerns with the potential incompatibility of the proposed actions.
After discussing this proposal, the Board voted 6-0 to recommend that the request be approved,
based on consistency with the Downtown De[ray Beach Master Plan (Commercial Use) and positive
findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5 02))(5) (Rezoning
Findings), and the goals, objectives, and policies of the Comprehensive Plan.
At the first reading on June 4, 2002, The city Commission passed the Ordinance No. 20-02
unanimously.
Recommend approval of Ordinance No. 20-02 on second and final reading.
S \City Clerk\chevelle folder\agenda memos\Ord.20.02 06 18.02
TO:
THRU:
FROM:
SUBJECT:
DAVI~)~R~MANAGER
PAUL DORLING, PLAI~.NG AND ZONING DIRECTOR
SCOTT D. PAPE, SENIOR PLANNER.~..~.~~..____
MEETING OF JUNE 4, 2002
SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM
MD (MEDIUM
DENSITY RESIDENTIAL/5-12 DWELLING UNITS PER ACRE) TO CC
(COMMERCIAL CORE) AND REZONING FROM RM (MULTIPLE FAMILY
RESIDENTIAL - MEDIUM DENSITY) TO CBD (CENTRAL BUSINESS DISTRICT)
FOR A PARCEL OF LAND LOCATED ON THE EAST SIDE OF VENETIAN DRIVE,
APPROXIMATELY 278' SOUTH OF EAST ATLANTIC AVENUE.
The property consists of the north 25' of Lot 1, Block C of the John B. Reid's Village and contains 0.09
acres. The property contains a parking area that was installed when the Atlantic Center Shoppes
shopping center was constructed in 1957.
Additional background and an analysis of the request are found in the attached Planning and Zoning
Board Staff Report.
At its meeting of May 20, 2002, the Planning and Zoning Board held a public hearing in conjunction
with the request. There were seven people from the public that spoke in opposition to the proposed
actions. The general sentiment was the opposition to the use of the property as a parking garage,
which is a possible future development scenario identified in the Downtown Delray Beach Master
Plan. In addition to public comment there were six letters submitted for the Board's consideration in
opposition to the proposed rezoning. After reviewing the staff report and discussing the proposal, the
Board voted 6-0 (Randolph absent) to recommend that the request be approved, based on
consistency with the Downtown Delray Beach Master Plan (i.e. Commercial Use) and positive findings
with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment
Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and
the Goals, Objectives, and Policies of the Comprehensive Plan.
By motion, approve on first reading the ordinance for the proposed small scale FLUM Amendment
from MD (Multiple Family Residential 5-12 dwelling units per acre) to CC (Commercial Core) and
Rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District)
based on consistency with the Downtown Delray Beach Master Plan and positive findings with respect
to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals,
Objectives, and Policies of the Comprehensive Plan.
Attachments: P & Z Staff Report of May 20, 2002
ORDINANCE NO. 20-02
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
MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) TO
CC (COMMERCIAL CORE); ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS
FOR SMALL SCALE LAND USE PLAN AMENDMENTS;
AND REZONING AND PLACING LAND PRESENTLY
ZONED RM (MULTIPLE FAMILY RESIDENTIAL -
MEDIUM DENSITY) DISTRICT TO CBD (CENTRAL
BUSINESS) DISTRICT; SAID LAND BEING A PARCEL OF
LAND LOCATED ON THE EAST SIDE OF VENETIAN
DRIVE, APPROXIMATELY 280 FEET SOUTH OF
ATLANTIC AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, FEBRUARY, 2002";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, 1000 Atlantic Avenue Parmers, L.P., is the fee simple owner of a 0.1 acre
parcel of land located on the east side of Venetian Drive, approximately 280 feet south of Atlantic
Avenue; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use
Map (FLUM) designation of MD (Medium Density Residential 5-12 du/ac); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated February, 2002, as being zoned RM (Multiple Family
Residential - Medium Density) District; and
WHEREAS, at its meeting of May 20, 2002, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to
recommend 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, 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 FOI,IJOWS:
Section 1. That the Future Land Use Map designation of the subject property is hereby
officially affixed as CC (Commercial Core).
Section 2. 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 3. 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 CBD (Central Business) District for the
following described property:
The North 25 feet of Lot 1, Block C, John B. Reid's Village, according to the Plat
thereof as recorded in Plat Book 21, Page 95, Public Records of Palm Beach County,
Florida.
Section 4. 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 3 hereof.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 6. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be dedared 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 7. 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 Admimstration 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 resoluuon affirming its effective status, a copy of which resolution
shall be sent to the Depaxtment of Community Affairs, Bureau of Local Planning, 2740 Centerview
Drive, Tallahassee, Florida 32399-2100.
2 ORD NO. 20-02
PASSED AND ADOPTED in regular session on second and final reading on this the
__ day of ,2002.
ATYEST
MAYOR
City Clerk
First Reading
Second Reading
3 ORD NO. 20-02
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
May 20, 2002
IV. D. -- '
Future Land Use Map Amendment (Small-Scale)'From MD (Medium Density
Residential 5-12 du/ac)to CC (Commercial Core) and Rezoning From RM
(Multiple Family Residential- Medium Density) to CBD (Central Business
District) For a Parcel of Land Located oh the East Side of Venetian Drive,
Approximately 280 Feet South of Atlantic Avenue.
GENERAL DATA:
Owner/Applicant .............. 1000 Atlantic Avenue Partners, L.P.
Agent ............................... Weiner & Aronson, P.A.
Location .......................... Located on the East Side of
Venetian Drive, Approximately
280 Feet South of
Atlantic Avenue.
Property Size ................... 0.1 Acres
Existing FLUM .................MD (Medium Density Residential 5-
Proposed FLUM ..............
Current Zoning ................
Proposed Zoning .............
Adjacent Zoning .....North:
East:
South:
West:
Existing Land Use ............
Proposed Land Use .........
Water Service ..................
Sewer Service ..................
12 du/ac)
CC (Commercial Core)
RM (Multiple Family Residential-
Medium Density)
CBD (Central Business District)
CBD (Central Business District)
CF (Community Facilities)
RM (Multiple Family Residential -
Medium Density)
RM (Multiple Family Residential-
Medium Density)
Parking
Same as existing
Existing on site
Existing on site
I I I
THOMAS
LOWRY ~T
P~S~ T
ATLANTIC
GROVE
CONDO
STREET
E,~'$T W~ND
BEAC~ CLUBS
BERKSHIRE
BY THE SEA
GROSVENOR
HOUSE
~ANOR HOUSE
CONDO
FIRE
DELRA Y BEACH
MARRIOTT
AVENUE
IV.D.
The action before the Board is that of making a recommendation to the City
Commission on a privately sponsored Future Land Use Map (FLUM) Amendment from
MD (Medium Density Residential/5~2 dwelling units per acre) t(~ CC (Commercial
Core) and rezoning from RM (Multiple Family Residential - Medium Density) to CBD
(Central Business District) for property located on the east side of Venetian Drive,
approximately 278' south of East Atlantic Avenue.
Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and
Zoning Board shall review and make a recommendation to the City Commission with
respect to FLUM Amendments for any property within the City.
Pursuant to Section 2.2.2(E)(6), the Local Planning Agency (Planning & Zoning Board)
shall review and make a recommendation to the City Commission with respect to the
rezoning of any property within the City.
The property consists of the north 25' of Lot 1, Block C of the John B. Reid's Village
and contains 0.09 acres. The property contains a parking area that appears to have
been installed when the Atlantic Center Shoppes shopping center was constructed in
1957.
In accordance with Chapter 163, Florida Statutes, this Future Land Use Map
amendment is considered a small scale amendment and is not limited to the twice-a-
year Comprehensive Plan Amendment review process.
Florida Statutes 163.3187 - 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 any local
government comprehensive land use amendments directly related to proposed small
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:
E! 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;
Planning and Zoning Board Staff Report
Atlantic Center Shoppes Rear Parking Area - Small-Scale FLUM Amendment and Rezoning
Page 2
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 amendrr~nt involves a residential land use, the residential
land use has a density of 10 units or less per acre except for properties that iare
designated in the Comprehensive Plan for urban infill, urban redevelopment, or
downtown revitalization;
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 a site-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 subject property is located within the Community Redevelopment Area in the area
of the City that is covered by the Downtown Delray Beach Master Plan. This plan,
required by Future Land Use Element Policy C-4.2, was adopted by the City
Commission on March 19, 2002. The proposed Future Land Use Map amendment
involves a 0.09-acre area, thus the total area is less than the 10 acre maximum. The
maximum density of the proposed CC (Commercial Core) designation is the same as
that allowed in the MD (Medium Density Residential - 5 to 12 Dwelling Units Per Acre)
designation. The property is currently developed as a parking area for an existing
commercial shopping center and there are no other development proposals pending for
this property. The proposed FLUM Amendment and Rezoning represent a corrective
measure to properly designate the subject property according to its commercial use.
This amendment along with other small-scale amendments processed this year does
not exceed 120 acres (2.606 acres total). The property has not previously been
considered for a land use amendment nor has the same 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.
LDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use
applications, certain findings must be made in a form which is part of the official
record. This may be achieved through information on the application, written
materials submitted by the applicant, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
Future Land Use Map: The resulting use of land or structures must be allowed in
the zoning district within which the land is situated and said zoning must be
Planning and Zoning Board Staff Report
Atlantic Center Shoppes Rear Parking Area - Small-Scale FLUM Amendment and Rezoning
Page 3
consistent with the applicable land use designation as shown on the Future Land
Use Map.
The existing parking area is allowed as an accessory use to the Atlantic Center
Shoppes shopping center in the CB"D (Central Business District) zoning district.'The
CBD zoning district is consistent with the Commercial Core Future Land Use Map
designation.
The remaining required findings of LDR Section 3.1.1, Cbncurrency, Comprehensive
Plan Consistency and Compliance with the Land Development Regulations are
discussed below.
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
(FLUM) must be based upon the findings listed below, and must be supported by
data and analysis that demonstrate compliance with these 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, annexation into the municipal
boundaries, or similar circumstances. The need must be supported by data
and analysis verifying the changing demographics or other circumstances.
This requirement shall not apply to requests for the FLUM designations of
Conservation or Recreation and Open Space; nor shall it apply to FLUM
changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
The proposed FLUM amendment will fulfill Future Land Use Element Policy C-4.2,
stated as follows:
Future Land Use Element Policy C-4.2: A special CBD plan shaft be developed
jointly by the CRA and the City. It shall address the maximum development which
can be accommodated in a competitive market while still retaining the "village like,
community by-the-sea" character of the CBD. It shaft further identify the
infrastructure requirements, including parking, which will be needed to
accommodate such an intensity of development. Such a plan shaft be formally
processed as an amendment to the Comprehensive Plan. The plan shall be
instituted under the lead of the Community Redevelopment Agency but conducted
through close participation with the City's Planning and Zoning Department.
The CBD plan, which is now known as the Downtown Delray Beach Master Plan
(adopted March 19, 2002) provides a redevelopment scenario for the subject
property. The Master Plan indicates that the Atlantic Center Shoppes could be
redesigned to fill-in the parking area in front of the center with a new building
fronting on Atlantic Avenue and a structured parking garage provided behind (south
Planning and Zoning Board Staff Report
Atlantic Center Shoppes Rear Parking Area - Small-Scale FLUM Amendment and Rezoning
Page 4
of) this building. The subject property would be incorporated into a landscape buffer
for the garage. While the specific project plans and sketches included in this Master
Plan are conceptual in nature, provided to graphically illustrate one possible solution
to an identified problem or opportunity, the site's continued use for commercial
development is anticipated. Therefore, it is appropriate that the proposed FLUrvl'and
Zoning' Map designations be applied to the property. Not only are these designations
more consistent with existing development, they are also consistent with the Master
Plan and are required to facilitate redevelopment of the property.
Since this Comprehensive Plan policy is furthered by the proposed FLUM
amendment, a positive finding can be made with respect to fulfilling a demonstrated
need.
Consistency -- The requested designation is consistent with the goals,
objectives and policies of the most recently adopted Comprehensive Plan.
The proposal is consistent with the above policy as well as other goals, objectives
and policies of the City's Comprehensive Plan. The FLUM amendment will also
address the following Comprehensive Plan Policy:
Coastal Management Element Policy C-3.2 - 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.
As previously stated, the existing use of the property is a parking area for a
commercial shopping center. The proposed FLUM amendment and rezoning are
corrective. Under the proposed designations, redevelopment of the property will be
consistent with the commercial property to the north. With regards to residential
density, within the CBD zoning district, residential density is limited to 12 units per
acre on properties east of the Intracoastal Waterway. Thus, there will be no increase
in residential density potential.
Concurrency -- Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
The proposal involves the FLUM amendment on a 0.09 acre parcel from MD to CC
and a rezoning from RM to CBD. With the current FLUM and Zoning Map
designations, the property could not be redeveloped, as it does not meet the
minimum lot size, lot width, lot depth and lot frontage in the RM zoning district.
Given the size of the subject property, redevelopment to a use other than its current
use is unlikely. Furthermore, redevelopment of the property is directed by the
Master Plan, which designates the subject property for commercial development
with potential as a landscape buffer for a parking facility. As an accessory parking
area to the shopping center or landscape buffer, the subject property would not
generate an impact greater than the existing parking area.
Planning and Zoning Board Staff Report
Atlantic Center Shoppes Rear Parking Area - Small-Scale FLUM Amendment and Rezoning
Page 5
Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
As noted previously, the existing parking area has existed on the subject property
with no known conflicts with ao'J'acent properties. The Downtown Delray B(~ach
Master Plan designates the subject property as part'of a redeveloped shopping
center and parking facility. The subject property is surrounded on the north by the
Atlantic Center Shoppes, on the east by a parking area leased by the City and
owned by the First Presbyterian Church, located on tl'ie east side of Gleason Street,
on the south by the Venetian Village Condos, and on the west by the Miramar
Garden Apartments. The FLUM designations of the surrounding uses are CC
(Commercial Core) to the north and east, MD (Multiple Family Residential 5-12
dwelling units per acre) to the south and west. Based on the above, a positive
finding with respect to compatibility can be made.
Compliance -- Development under the requested designation will comply with
the provisions and requirements of the Land Development Regulations,
Future redevelopment of the 0.09 acre parcel of land will occur in accordance with
the City's Land Development Regulations during the site plan review process. As
noted previously, there are no redevelopment proposals associated with this
property. Future redevelopment will be directed by the Master Plan, which will
comply with the City's Land Development Regulations. Given the above, a positive
finding with respect to compliance with the Land Development Regulations can be
made.
Section 3.2.2
applicable.
follows:
(Standards for Rezoninq Actions): Standards A and B are not
The applicable performance standards of Section 3.2.2 are as
(c)
Zoning changes that would result in strip commercial development shall be
avoided. Where strip commercial zoning 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 proposed rezoning would designate the 0.09 commercial parking area the
same Zoning Map district (CBD) as the shopping center it serves. Therefore, the
issue with respect to the creation of a strip commercial development is removed
since the property is already developed. It is also noted that the proposed
rezoning would increase the depth of the commercial zoning, thereby allowing for
better project design should the property ever be redeveloped.
(D)
That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed;
Planning and Zoning Board Staff Report
Atlantic Center Shoppes Rear Parking Area - Small-Scale FLUM Amendment and Rezoning
Page 6
or that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
The following zoning designations and uses border the property:
Direction Zoninq Uses
North CBD
West RM
South RM
East RM
Atlantic Center Shoppes
Miramar Garden Apartments
Venetian Village Condos
First Presbyterian Parking Lot
(E)
The parking lot is compatible with the adjacent land uses. It has existed on the
property for an extensive amount of time without any known conflicts with the
adjacent properties.
Remaining, isolated infill lots within the coastal planning area shall be
developed under zoning which is identical or similar to the zoning of
adjacent properties; and, the resulting development shall be of a design
and intensity which is similar to the adjacent development,
The property contains an existing parking area that appears to have been
installed with the construction of the shopping center. The parking area is part of
a larger parking area on the south side of this shopping center. The proposed
Zoning Map designation of CBD is the same designation of the shopping center
and is appropriate for this portion of the parking area.
Section 2.4.5(D)¢5) CRezonin.q Findinqs):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter
Three, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
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;
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.
As noted previously, the parking area appears to have been constructed when the
adjacent shopping center was developed. The current residential FLUM and Zoning
Map designation appear to have been incorrectly applied to the subject property. CBD
zoning was applied to the shopping center which the parking area serves and is more
appropriate for the subject property since parking is not permitted in a residential zoning
Planning and Zoning Board Staff Report
Atlantic Center Shoppes Rear Parking Area - Small-Scale FLUM Amendment and Rezoning
Page '7
district to serve adjacent commercial property. Therefore, a finding can be made the
rezoning fulfills subsections "a" and "c."
Community Redevelopment Aqency (CRA):
The CRA reviewed the FLUM amendment and Zoning Map change at its meeting of
May 1,2002 and recommended approval.
Downtown Development Authority (DDA)
The DDA review the FLUM amendment and Zoning Map change at its meeting of May
15, 2002 and recommended approval.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. The City has received the attached letters opposing the proposed
FLUM amendment and Rezoning. Additional letters of support and objection, if any, will
be presented at the Planning and Zoning Board meeting.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
· Beach Property Owners
· Via Marina
· PROD
· Presidents Council
The proposed FLUM amendment will provide the correct FLUM and Zoning Map
designations for the existing commercial parking area. There has been no known
conflict with the surrounding properties. Furthermore, the proposed designation
changes are consistent with the Downtown Delray Beach Master Plan. Positive findings
can be made with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required
Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive
findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings).
Therefore, the proposed FLUM amendment can be recommended for approval based
on the findings outlined in this report.
A. Continue with direction.
Planning and Zoning Board Staff Report
Atlantic Center Shoppes Rear Parking Area - Small-Scale FLUM Amendment and Rezoning
Page 8
Bo
Recommend to the City Commission approval of the small scale FLUM
Amendment for the subject property, based on consistency with the Downtown
Delray Beach Master Plan and positive findings with respect to Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
LDR Section 2.4.5.(D)(5) (R~zoning Findings), LDR SectiOn 3.1.1 (ReqUired
Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; or
Recommend denial of the small scale FLUM Amendment based on a failure to
make positive findings with Future Land Use 'Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5(D)(5)
(Rezoning Findings) and Section 3.1.1 (Required Findings) of the Land
Development Regulations, with the basis stated.
Recommend to the City Commission approval of the proposed small scale FLUM
Amendment from MD (Multiple Family Residential 5-12 dwelling units per acre) to CC
(Commercial Core) and Rezoning from RM (Multiple Family Residential- Medium
Density) based on consistency with the Downtown Delray Beach Master Plan and
positive findings with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required
Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and
Policies of the Comprehensive Plan
Report prepared by: Scott Pape, Senior Planner
Attachments:
Proposed Future Land Use Map
· Location Map
· Letters of opposition
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