Ord 21-02ORDINANCE NO. 21-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, 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 WEST
SIDE OF GLEASON STREET, APPROXIMATELY 180
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, 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 Del.ray 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 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:
Lot 7, Block C, John B. Reid's Village, a Subdivision in the City of Delray Beach,
Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, recorded in Plat Book 21, Page 95.
Section 2. 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 I hereof.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section S. That this ordinance shall become effective immediately upon passage on second
and final reading.
City Clerk
Readin .g<~go¢~
First
Second Reading
PASSED//)tND ADOPTED in regular session on second and final reading on this the
~dayof~/Sde~m~ ,2002. ~ t~0, ~~~~...~
MAYOR
2 ORD NO. 21-02
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MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # \I~). REGULAR MEETING OF JUNE 18, 2002
ORDINANCE NO. 21-02 (REZONING FOR ISLAND
APARTMENTS)
DATE: JUNE 14, 2002
HOUSE
This ordinance is before Commission for second reading for rezoning from RM (Multiple Family
Residential-Medium Density) to CBD (Central Business District) for 0.33 acres for Island House
Apartments, located on the west side of Gleason Street, 193' south of East Atlantic Avenue. The
subject property consists of Lot 7, Block "C" of the John B. Reid's Village Subdivision and contains a
two-story apartment structure with 8 units built in 1952.
The Planning and Zoning Board held a public hearing in conjunction with the request. There was
one (1) person that expressed concern with the potential incompatibility of the proposed rezoning
with existing residential properties. After discussing this proposal, the Board voted 4-2 to
recommend that the request be approved, based upon positive findings with respect to Chapter 3
(Performance Standards) and LDR Section 2.4.5(D)(5).
At the first reading on June 4, 2002, The city Commission passed the Ordinance No. 21-02
unanimously.
Recommend approval of Ordinance No. 21-02 on second and final reading.
S:\Ctty Clerk\chevelle folder\agenda memos\Ord.21 02.06 18.02
TO:
THRU:
FROM:
SUBJECT:
DAVID T~t~~~ANAGER
PAUL DORLING, DIREC4TOI~ OF PLANNING AND ZONING
SCO'n' D. PAPE, SENIOR PLANNER//'d~..~'--~~
MEETING OF JUNE 4, 2002
ZONING CHANGE FROM RM (MULTIPLE FAMILY RESIDENTIAL MEDIUM DENSI'rY)
TO CBD (CENTRAL BUSINESS DISTRICT) FOR A PARCEL OF LAND LOCATED ON
THE WEST SIDE OF GLEASON STREET~ 193' SOUTH OF EAST ATLANTIC AVENUE
(34 GLEASON STREET) CONTAINING THE ISLAND HOUSE APARTMENTS.
The subject property consists of Lot 7, Block "C", John B. Reid's Village Subdivision, and contains 0.33
acres. The property is located on the west side of Gleason Street, 193' south of East Atlantic Avenue
(34 Gleason Street), within the Downtown Delray Beach Master Plan area.
The property contains a two-story apartment structure that was built in 1952 and contains 8 units. Prior
to 1989, the property's Future Land Use Map designation was MD (Medium Density Residential 5-12
du/ac) and the zoning designation was RM (Multiple Family Residential- Medium Density). With the
adoption of the City's Comprehensive Plan and Future Land Use Map in November 1989, the FLUM
designation for the property was changed to CC (Commercial Core). However, with the adoption of the
Land Development Regulations and Citywide rezoning in October 1990, the property was rezoned from
RM-15 to RM and remains residentially zoned.
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 was one person from the public that spoke in opposition to the proposed rezoning of
the property due to the potential incompatibility with residential properties located south of the subject
property. 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 4-2 (Krall & Warner dissenting, Randolph absent) to recommend that the request be
approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan.
By motion, approve on first reading the ordinance for a zoning designation change from RM to CBD for
Island House Apartments, based upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section
2.4.5(D)(5).
Attachments: P & Z Staff Report of May 20, 2002
ORDINANCE NO. 21-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, 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 WEST
SIDE OF GLEASON STREET, APPROXIMATELY 180
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, 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
Del'ay Beach, as Local Planning Agency, considered this item at a public heating 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 FOIJ,OWS:
Section 1. 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 CBD (Central Business) District for the
following described property:
Lot 7, Block C, John B. Reid's Village, a Subdivision in the City of Delray Beach,
Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, recorded in Plat Book 21, Page 95.
Section 2. 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 1 hereof.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 5. That this ordinance shall become effective immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2002.
ATFEST
MAYOR
City Clerk
First Reading
Second Reading
2 ORD NO. 21-02
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
May 20, 2002
iV. E.. __ - -
Rezoning From RM (Multiple Family Residential - Medium Density) to CBD
(Central Business District) for a Parcel of Land Located on the West Side of
Gieason Street, Approximately 180 Feet South of Atlantic Avenue.
GENERAL DATA:
OwnedApplicant .............
Agent .............................
Location ..........................
Property Size ...................
Existing FLUM .................
Current Zoning ................
Proposed Zoning .............
Adjacent Zoning ..... North:
East:
South:
West:
Existing Land Use ............
Proposed Land Use .........
Water Service ..................
Sewer Service ..................
1000 Atlantic Avenue Partners,
L.P.
Weiner & Aronson, P.A.
Located on the West Side
of Gleason Street, Approximately
180 Feet South of
Atlantic Avenue.
0.33 Acres
CC (Commercial Core)
RM (Multiple Family Residential -
Medium Density)
CBD (Central Business District)
CBD (Central Business District)
CBD (Central Business District)
CF (Community Facilities)
CBD (Central Business District)
Parking and Residential
Same as existing
Existing on site
Existing on site
BERKSHIRE
ATLANT
The item before the Board is that of rr~king a recommendation to the-City Commission on
a privately sponsored rezoning from RM (Multiple Family Residential - Medium Density) to
CBD (Central Business District) for Island House Apartments, pursuant to LDR Section
2.4.5(D).
Pursuant to Section 2.2.2(E)(6), the Local Planning Agency shall review and make a
recommendation to the City Commission with respect to the rezoning of any property within
the City.
The subject property consists of Lot 7, Block "C", John B. Reid's Village Subdivision, and
contains 0.33 acres. The property is located on the west side of Gleason Street, 193' south
of East Atlantic Avenue (34 Gleason Street), within the Downtown Delray Beach Master
Plan area.
The property contains a two-story apartment structure that was built in 1952 and contains 8
units. Prior to 1989, the property's Future Land Use Map designation was MD (Medium
Density Residential 5-12 du/ac) and the zoning designation was RM (Multiple Family
Residential- Medium Density). With the adoption of the City's Comprehensive Plan and
Future Land Use Map in November 1989, the FLUM designation for the property was
changed to CC (Commercial Core). However, with the adoption of the Land Development
Regulations and Citywide rezoning in October 1990, the property was rezoned from RM-15
to RM and remained residentially zoned.
The applicant has submitted a request to change the zoning designation of the property
from RM (Multiple Family Residential - Medium Density) to CBD (Central Business
District), and is now before the Board for action.
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
Rezoning from RM to CBD for Island House Apartments
Page 2
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
consistent with the applicable land use designation as shown on the Future Land
Use Map
The proposed CBD zoning district is consistent with the existing CC (Commercial Core)
FLUM designation of the property. Within the CBD zoning district, a multiple family
development is allowed as a permitted use [ref. LDR Section 4.4.13(B)]. Thus, positive
findings can be made regarding consistency with the Future Land Use Map. It is noted,
however, the existing 8-unit apartment building is nonconforming as it has a density of 26.6
units per acre, which exceeds the maximum permitted density of 12 units per acre, east of
the Intracoastal Waterway.
Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future Land
Use Element of the Comprehensive Plan must be met and a determination made that
the public facility needs of the requested land use and/or development application
will not exceed the ability of the City to fund and provide, or to require the provision
of, needed capital improvements in order to maintain the Levels of Service
Standards established in Table CI-GOP-I of the adopted Comprehensive Plan of the
City of Delray Beach.
There is currently no development proposal associated with the rezoning request.
However, the adopted Downtown Delray Beach Master Plan identified this property as
being incorporated into the properties to the north and west with a potential to be
redeveloped as a mixed-use development. There are adequate levels of service to
accommodate any potential redevelopment of the site as residential, commercial, or mixed-
use.
Consistency: A finding of overall consistency may be made even though the action
will be in conflict with some individual performance standards contained within
Article 3.2, provided that the approving body specifically finds that the beneficial
aspects of the proposed project (hence compliance with some standards) outweighs
the negative impacts of identified points of conflict.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted
and the following applicable objectives and policies are noted.
Future Land Use Element Policy C-4.2: A special CBD plan shaft be developed jointly by
the CRA and the City. It shaft 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.
P & Z Board Staff Report
Rezoning from RM to CBD for Island House Apartments
Page 3
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 a~the Downtown Delray Beach Master Plan (adopted
March 19, 2002) pro. vides a redevelopment scenario for the subject property. The Master
Plan indicates that the property could be combined with the Atlantic Center Shoppes and
redeveloped to fill-in the parking area along Atlantic Avenue with a building and parking
provided behind (south of) the building fronting Atlantic Avenue. It is noted, the overall
Master Plan and 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. They are not meant to represent the only solution, but provide a
starting point for additional discussion and detailed design. With the adoption of the Future
land Use Map and Comprehensive Plan in 1989, the property was designated as
Commercial Core, which is consistent with the surrounding commercial development
pattern to the north, east and west, as well as the church/public parking lot to the south. By
applying the Commercial Core FLUM designation, redevelopment of the site as commercial
or mixed use development was anticipated for this property to encourage the revitalization
of the downtown area. Based upon the above, a positive finding can be made that the
rezoning is consistent with this 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.
The proposed rezoning to CBD is corrective. Since, the current underlying land use
designation is Commercial Core, there is no change in land use. Commercial or mixed use
development was anticipated for this property to encourage the revitalization of the
downtown area and square-off the CBD. Under the proposed zoning, redevelopment of the
property will be consistent with the commercial properties to the north, east and west, and
the parking lot to the south. 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.
Section 3.2.2 (Standards for Rezonin.q Actions): Standards A, B and E are not
applicable. 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 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.
Strip commercial development is characterized as not being pedestrian friendly and
usually provides long linear building, with shallow depths and a parking lot in front of
the building. The adopted Master Plan discourages strip commercial development.
While the property is relatively small (0.33 acres) with a depth of 101.21', it could be
combined with the adjacent commercial property (under same ownership) thereby
P & Z Board Staff Report
Rezoning from RM to CBD for Island House Apartments
Page 4
increasing the property's size and depth. Based upon the above, the rezoning will
not result in strip commercial development.
(D)
That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use 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 following zoning designations and uses border the property:
Direction Zonin.q Uses
North CBD
West CBD
South CF
East CBD
Atlantic Center Shoppes
Atlantic Center Shoppes & parking
First Presbyterian Church/Public Parking Lot
Mixed-use development
(Frances Brewster property)
The rezoning to CBD will allow land uses which are consistent with the adjacent
commercial properties and compatible with the adjacent parking lot. Although, there
is no development proposal at this time, there are sufficient regulations in place to
mitigate potential adverse impacts, regardless of the development scenario.
(E)
Remaining, isolated infill lots shall be developed under zoning which is
identical or similar to the zoning of adjacent properties; and, resulting
development shall be of a design and intensity which is similar to the adjacent
development.
As previously stated, the proposed rezoning to CBD is corrective. Commercial or
mixed use development was anticipated for this property to encourage the
revitalization of the downtown area and square-off the CBD. Under the proposed
zoning, redevelopment of the property will be consistent with the commercial
properties to the north, east and west, and the parking lot to the south.
Section 2.4.5(D}(5) (Rezonin_~ Findin;s):
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;
That there has been a change in circumstances which make the current zoning
inappropriate;
P & Z Board Staff Report
Rezoning from RM to CBD for Island House Apartments
Page 5
c. That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The applicant has submitted the following justification statement:
"The primary reason for the rezoning is to correct the current zoning map to make
the property consistent with: (i) the remainder of the property owned by the
applicant; and (ii) consistent with other neighboring properties. The property
consists of four (4) parcels with different parcel identification numbers but which
should have a consistent zoning designation, having been historically owned by one
entity or indMdual. It is logical to rezone the property so that the zoning for each of
the parcels is the same instead of divided.
The requested CBD zoning is classification as allowed under the Future land Use
Map designation of Commercial Core. In fact, CBD is most appropriate for this
property based upon its location and proximity to Atlantic Avenue. The surrounding
area is already zoned CBD. Objective C-4 of the Future Land Use Element of the
Comprehensive Plan states that the CBD represents the essence of what is Delray
Beach and that the continued revitalization of the CBD is essential to achieve the
overall theme of the City.
Policy C-3.1 of the Coastal Management Element states that the remaining isolated
in fill lots should the developed under zoning which is identical and intensity which is
similar to the adjacent development. This policy reflects the fundamental idea of the
Comprehensive Plan that zoning in surrounding areas should be similar in intensity
and use. Accordingly, this rezoning request is consistent with the goals of the
Comprehensive Plan."
Comment: The basis for which the rezoning is being sought most closely relates to Items
"a" and "c". The FLUM designation is CC (Commercial Core) and the RM zoning was
established in error. The requested CBD zoning is of similar intensity as allowed under the
Future Land Use Map and is more appropriate for the property based upon circumstances
particular to the site, as it abuts CBD zoning on the north, east and west sides, and CF
zoning on the south.
Community Redevelopment Aqencv (CRA):
The CRA reviewed and recommended approval of the rezoning at its meeting of May 1,
2002.
P & Z Board Staff Report
Rezoning from RM to CBD for Island House Apartments
Page 6
Downtown Development Authority (DDA)
The DDA reviewed and recommended approval of the rezoning at its meeting of May 15,
2002
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
· Beach Property Owners
· Via Marina
· PROD (Progressive Residents of Delray)
· Presidents Council
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters opposing the proposed rezoning have been submitted and are
attached. Additional letters of objection or support, if any, will be provided at the Planning
and Zoning Board meeting.
The rezoning from RM (Multiple Family - Medium Density) to CBD (Central Business
District) is consistent with the goals, objectives and policies of the City's Comprehensive
Plan and Chapter 3 of the Land Development Regulations. The proposed rezoning is also
consistent with the Downtown Delray Beach Master Plan. Positive findings can be made
with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). The zoning was originally
established in error and the CBD zoning is more appropriate based upon circumstances
particular to the site, as it abuts CBD zoning on the north, east and west sides, and CF
zoning on the south.
A. Continue with direction.
Bo
Recommend to the City Commission approval of the rezoning request from RM
(Multiple Family Residential - Medium Density) to CBD (Central Business District)
for Island House Apartments, based upon positive findings with respect to Chapter
3 (Performance Standards) and Section 2.4.5(D)(5) (Rezoning Findings) of the Land
Development Regulations, and consistency with the goals, objectives and policies of
the City's Comprehensive Plan.
P & Z Board Staff Report
Rezoning from RM to CBD for Island House Apartments
Page 7
Recommend to the City Commission denial of the rezoning request from RM
(Multiple Family Residential- Medium Density) to CBD (Central Business District)
for Island House Apartments, based upon a failure to make positive findings with
respect to LDR Section 2.4.5([3,)(5) (Rezoning Findings), in that the rezoning does
not fulfill one of the reasons for which a rezoning should be sought.
Recommend to the City Commission approval of the rezoning request from RM (Multiple
Family Residential - Medium Density) to CBD (Central Business District) for Island House
Apartments, based upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development
Regulations, and consistency with the goals, objectives and policies of the City's
Comprehensive Plan.
Attachments:
· Location/Zoning Map
· Boundary Survey
· Letters of Opposition
Prepared by: Scott Pape, Senior Planner
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CITY OF DEl..RAY BEACH. FL
PLANNING .t. ZONING DEPARTMENT
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CITY OF DELRAY BEACH, F'L
PLANNING & ZONINGDEPARTMENT
ISLAND HOUSE APARTMENTS
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WILLIAM Iv[ HAYTER
14 EMMA PLACE
EATONTOWN, N.J. 07724
-. -OR
75 VENETIAN DR,
DELRAY BEACH, FLA. 33483
CITY OF DEl, RAY BEACH
100 NW. ]sa' AVE
DELRAY BEACH, FLA. 33444
ATTN: PLANNING & ZONING
MAY 14, 2002
TO WHOM IT MAY CONCERN:
I AM WRITING TO YOU REGARDING 3 NOTICES THAT I RECEIVED
REGARDING PROPOSED CHANGES TO ZONING & L.kND USE ON 3
PROPERTIES THAT ARE WITH/N 500 FEET OF MY RESIDANCE. THE NOTICES
IN QUESTION ARE FILE # 2002-200, 2002-214 & 2002-234.
I AND MY FELLOW KEStDE.Nrrs ARE VEHF_MENrrLY OPPOSSED TO
THESE CI-LANGES, AND THE MANNER IN WHICH THEY ARE PROPOSED.
TI-ZEY WF_.P~ CO-NVC'ENIENTLY I{ELD UP UNTIl, MOST OF THE RESZDENTS
WERE GONE FOR THE SEASON. WI-IIZE WE REALIZIE THAT W'E ARE SNOW
BIRDS, WE PAY OUR TAXES AND SHOULD HAVE A RIGHT TO BE HEARD
WHEN WE ARE LM ~SIDANCE. I PURCHASED MY APARTMENT 17 YEARS
AGO WITH THE UNDERSTANDING THAT I WAS IN A RES1DENwI2AL AREA,
ALTHOUGH ONE OF I-IIGH DENSITY, DUE TO THE FACT THAT WE ARE
SURROUNDED BY OTHER CONDOMINIUMS. I BOUGHT IN DELRAY
BECAUSE I LOVE TI-IE TOWN AND THE LOCATION. WE DON'T NEED
COIdMER. CIAL BUll.DZIqGS .aJq'D PARKING OAR. AGES IN OUR BACK Y.a2LD.
I MENTION THIS ONLY BECAUSE I REALIZE THAT THIS IS ONLY A ZONING
AND USE CHANGE, BUT I HAPPEN TO I<2qOW THAT A HIGH RISE PARKING
GAR.AGE IS ON THE PI.g2qNING BOAR. D IN THE NOT TOO DISTANT FU'IZIRE.
THE PREVIOUS ADMLNrlS2XATION DID A WONDERFLTL JOB OF
BUTI.,DING DEL!R_iY INq'O A GREAT PLACE TO LIVE AND DO BUSLkTESS, _®
CERTALMLY !vlADE TIlE TOWN ONE TO BE PROUD OF. I HAVE HOWEVER,
NOTICED A CI-Lq]',IGE OF ATTiTUDE AND AN ATTEMPT TO GET R/D OF
BUSINESSES THAT WERE ON ATLANTIC AVE. IN AN OBVIOUS ATI'EMPT TO
BUILD SOME NEW RETAIL OPERATIONS AT TIlE E)Gr'ENSE OF THE CURR.ENT
RESIDENTS THAT LIVE NEAR AT!.~NTIC AVE. I AM NOT AGAINST
PROGRESS, BUT QUESTION l'I-IE WISDOM OF CHANGING ZONING AND
DENSITY USE, AND REALLY WONDER WHO OR WHOM BENEF~ FROM
02 09:07a BWRE Cons 4107966437
p.3
SUCH CHANGF__B. CERTAINLY NOT THE RESIDENTS, WHO, BY THE WAY,
HAVE JUST BEEN ASSESSED A 33% TAX INCREASE, MAINLY DUE TO THE
C1TY TAX THAT HAS RISEN DRASTICALLY UNDER ~ NEW
ADMINISTRAIION.
PLEASE CONSIDER DARRYL BUSH MY REPRESENTATIVE TO SPEAK
1N MY BEHALF. MR_ BUSH IS A WELL KNOWN LOCAL REAL ESTATE PERSON
THAT CAN COMMENT ON WHAT THESE CHA.NGES WILL DO TO OUR
PROPERTY VALUES.
YOURS TRULY,
/ -.,
WILLL~M M.
PS. 1 .AM ALSO THE PRESIDENT OF VENETIAN V!LLAGE CONDOMI'NIUM
ASSOCIATION'.
Venetian Village Condominium Assoc., Inc
75 Venetian Drive
Delray Beach, Florida 33483
May 14, 2002
Mr. Paul Doffing Director Planning and Zoning
100 N.W. 1~ Avenue
Delray Beach, Florida 33483
RE: Files 2002~00, 214, and 234
Dear Mr. Doflin~
On behalf of our President, Mr. William Hayter, and our Board of Directors I am
writing to voice our displeasure over the attempt to change the zoning regulations
pursuant to File 2002-200, 2002-214, and 2002-234.
Venetian Village Condominium Association is highly opposed to any change m
the zoning classification east of the intracoastal bridge on Atlantic Avenue. We feel that
the zoning classification, "multiple family residential - medium density" is very
illustrative of our beautiful beach neighborhood. We are strongly a~mdnst any change
especially to, "Central Business District". We reside on a barrier island no/in a central
Please place our opposition on the public record.
Thank you for your consideration
Sincerely,
Regan
Secretary, Treasurer
Joseph A. Regan
75 Venetian Drive 4B
Delray Beach, Florida 33483
May 14, 2002
Mr. Paul Doffing Direclor Planning and Zoning
100 N.W. 1a Avenue
Delray Beach, Florida 33qq~.
RE: 2002-200, 214, and 234
Dear Mr. Doffing;
We are in receipt of letters from your office re~w~rdi~g proposed changes in zoning
or future land map use for three prol~rties very close to our residence.
My wife and I feel stronCy against any changes from medium density residemial
urilizafion~
We are very happy living on our idyllic barrier island as it exists at presem.
Atlantic Avenue east of the inWacoastal ~aterway should never be changed to be pan o£
Delray Beach's, "central business district".
Our quality of life in this peaceful neighborhood as it now exists is exactly what
we dreamed about since our first visit to Delray Beach in late 1972. Please note that I did
not say Delray Central Business District Beach.
Thi~ ideal and the potential threaI to our property values deteriorating demands
that we stand very strongly _against any change in the current zoning regulalions.
Please enter our firm objections against Files # 2002200, 2002-214 and 2002-234
on the recor&
Thank you for your attention to this matter.
Sincerely,
SENT BY: BD&W REALTORS,INC.; 56t 278 8688; MAY-t4-02 12:41P~; PABE i/t
k~fRA/~kR GARDEN APTS., TNC
60-80 VENE~ DRIVE
DELRAY BEACH, fLOP. IDA 33493
May 14, 2002
City of Dckay Beach
Planning and Zoning De?torment
Re: planned zoning changes from Olcason to V~netian
The residents of Miramar Garden Apts., Inc. vigorously object to this zoning change. I refer to
th~ Treasure Coast Regional planning Council publication page 47 designating this arm for a
parking garage. Th: impact of this four story commm'cial structure would be devastating lb the
citizens who live in this area. The traffic on Venetian would be horatio. Think Linton BlvcL
Tit, beauty of D:lray beach ~ in the ocean, the beautiful green areas, the trve lined stre.,~*..%, and
the f~l of a small town. I'kiz is what has brought us the proapgrity we enjoy...let us not r.in our
b~autiful city with unsightly font gtory commercial builcli~gs.
S'..meerely,
Betty
Vice Prcskt~t
328 453 T696 P.O! ....
MA¥--16--2002
03:12 PM M AHD
J AH~RH
1070 Evergreen Court
Box 372
Eden Valley, MN 55329
May 16, 2002
Dear Paul Dorling:
In 1962 my father watched MiraMar being built. He and my mother were the first couple to buy
a unit in the complex. Both of my folks have passed away and now my husband and I spend the
winter months in Delray Beach. We enjoy the time in the area, as it is residential. Oh, there is the
little shopping area, but no abundance of cars. Yes, it is a lovely area to live. Hopefully in future
years we can live there year around.
Now we hear you want to rain our quiet area by putting up a 4 story-parking ramp. We want you
to know we are ver~ much oplmsed to this idea. It will ruin our quiet residential living area. The
majority of us are senior citizens and we enjoy the pe~ce and quiet area that we have chosen to
live in.
You have passed up plenty of opportunities to build your parking ramp in commercial areas.
Why are you trying to ruin our ama? Again - we are v_erv much oppose!i_ to it. Please reconsider
your laim-braincd idea.
Sincerely,
Marvin & Jane Anderson
60 Venet~sn Drive
Apt. 100 N
RECEIVED
PlAY 1 6 2002
BWSE Cons
4107966437
p.2
WILLIAM IVL HAYTER
14 EMMA PLACE
EATONTOWN, N.J. 07724
-- -OR
75 VENETIAN DR.
DELRAY BEACH., FLA. 33483
CITY OF DELKAY BEACH
100 N.W. 1 ST AVE
DELRAY BEACH, FLA, 33444
ATTN: PLANNING & ZONING
MAY 14, 2002
TO WHOM IT MAY CONCERN:
I AM WRITING TO YOU REGARDING 3 NOTICES THAT I RECEIVED
REGARDING PROPOSED CHANGES TO ZONING & LAND USE ON 3
PROPERTIES THAT AR]~ WITHDq 500 FEET OF MY RESIDANCE. THE NOTICES
IN QUESTION ARE FILE # 2002-200, 2002-214 & 2002-234.
I AND MY FELLOW RESIDENTS ARE VEHI~MENTLY OPPOSSED TO
THESE CHANGES, AND THE MANNER IN WHICH THEY ARE PROPOSED.
THEY WERE CONVENIENTLY HELD UP UNTIL MOST OF THE RESIDENTS
WERE GONE FOR THE SEASON. WHILE WE REALIT.~. THAT WE ARE SNOW
BIRDS, WE PAY OUR TAXES AND SHOULD HAVE A RIGHT TO BE HEARD
WHEN WE ARE IN RESIDANCE. I PURCHASED MY APARTMENT 17 YEARS
AGO WITH THE UNDERSTANDING THAT I WAS IN A RESIDENTIAL AR~A,
ALTHOUGH ONE OF HIGH DENSITY, DUE TO THE FACT THAT WE ARE
SURROUNDED BY OTBER CONDOMINIUMS. I BOUGHT IN DELRAY
BECAUSE I LOVE THE TOWN AND THE LOCATION. WE DON'T NEED
COMMERCIAL BUILDINGS AND PARKING GARAGES IN OUR BACK YARD.
1 MENTION THIS ONLY BECAUSE I REALIZ~ THAT THIS IS ONLY A ZONING
AND USE CHANGE, BUT I HAPPEN TO KNOW THAT A HIGH RISE PARKING
GARAGE IS ON THE PLANNING BOARD IN THE NOT TOO DISTANT FUTURE
THE PREVIOUS ADMINISTRATION DID A WONDERFUL JOB OF
BUILDING DELRAY INTO A GREAT PLACE TO LIVE AND DO BUSINESS, AND
CERTAINLY MADE ~ TOWN ONE TO BE PROUD OF. I HAVE HOWEVER,
NOTICED A CHANGE OF ATTITUDE AND AN ATTEMPT TO GET RiD OF
BUSINESSES THAT WERE ON ATLANTIC AVE. IN AN OBVIOUS ATTEMPT TO
BUILD SOM~ NEW RETAIL OPERATIONS AT THE EXPENSE OF THE CURRENT
RESIDENTS THAT LIVE N-EAR ATLA~C AVE. I AM NOT AGAINST
PROGRESS, BUT QUESTION THE WISDOM OF CHANGING ZONING AND
DENSITY USE, AND REALLY WONDER WHO OR WHOM BENEFIT FROM
OVa
BWRE Con~
p.3
SUCH CHANGES. CERTAINLY NOT THE RESIDENTS, WHO, BY THE WAY,
HAVE JUST BEEN ASSESSED A 33% TAX INCREASE, MAINLY DUE TO THE
CiTY TAX THAT HAS RISEN DRASTICALLY UNDER THE NEW
ADMINISTRATION.
PLEASE CONSIDER DARRYL BUSH MY REPRESENTATIVE TO SPEAK
IN MY BEHALF. MR. BUSH IS A WELL KNOWN LOCAL REAL ESTATE PERSON
THAT CAN COMMENT ON WHAT THESE CHANGES WILL DO TO OUR
PROPERTY VALUES.
YOURS TRULY,
WILLIAM M.
PS. 1 AM ALSO THE PRESIDENT OF VENETIAN VILLAGE CONDOMINIUM
ASSOCIATION.
RECEIVED
HAY 1 5
Venetian Village Condominium Assoc., Inc
75 Venetian Drive
Delray Beach, Florida 33483
May 14, 2002
Mr. Paul Dorling, Director Planning and Zoning
100 N.W. 1 ~ Avenue
Delmy Beach, Florida 33483
RE: Files 2002-200, 214, and 234
Dear Mr. Doffing,
On behalf of our President, Mr. William Hayter, and our Board of Directors I am
writing to voice our displeasure over the attempt to change the zoning regulations
pursuant to File 2002-200, 2002-214, and 2002-234.
Venetian Village Condominium Association is highly opposed to any change in
the zoning classification east of the intmcoastal bridge on Atlantic Avenue. We feel that
the zoning classification, "multiple family residential - medium density" is very
illustrative of our beautiful beach neighborhood. We are strongly against any change
especially to, "Central Business District". We reside on a barrier island not in a central
business district.
Please place our opposition on the public record.
Thank you for your consideration.
Sincerely,
Joseph A. Regan
Secretary, Treasurer
Joseph A. Regan
75 Venetian Drive 4B
Dekay Beach, Florida 33483
May 14, 2002
Mr. Paul Dorling, Director Planning and Zoning
100 N.W. 1~t Avenue
Delray Beach, Florida 33a, 4 a.
RE: 2002-200, 214, and 234
We are in receipt of letters from your office regarding proposed changes in zoning
or future land map use for three properties very close to our residence.
My wife and I feel strongly against any changes from medium density residential
utilization.
We are very happy living on our idyllic barrier island as it exists at present.
Atlantic Avenue east of the intracoastal waterway should never be changed to be part of
Delray Beach's, "central business district".
Our quality of life in this peaceful neighborhood as it now exists is exactly what
we dreamed about since our first visit to Delray Beach in late 1972. Please note that I did
not say Delray Central Business District Beach.
This ideal and the potential threat to our property values detcrio~g demands
that we stand very strongly against any change in the current zoning regulations.
Please enter our firm objections against Files # 2002-200, 2002-214 and 2002-234
on the record.
Thank you for your attention to this matter.
Sincerely,
- VED
MAY 1 5 200Z
ZONING
~ENT ~Y:
GD&W REALTOR,,INC.;
~AY-i4-02
PAGE
MTRAM.A_R GAR.DEN API'S, INC
60-80 VENETIAN DRIVE
DEI.,RY' BEACH..FLORIDA 33483
May 14, 2002
City of Delray Beach
Planning and Zoning Department
Re: pla~aed zoning changes from (}lea.son to V~nefian
The residents of Miramar Garden Apts., Inc. vigorously object to this zoning change. I refer to
the Treasure Coast Regional plsnnir[g Council publication page 47 designating this area for a
parking garage. The impact of this four story commercial structure would be devastating tb the
citizens who 1ire in this area. The traffic on Venetian would be horrific. Think Linton Blvd.
T/ac beauty of Delray beach is in the ocean, the beautiful green areas, the tree lined s~reets,, and
the feel of a small town. This is what has brought us the prosperity we enjoy_let us not ruin our
b~autiful city with unsightly foar ~,ory commercial buildings.
Sincerely,
Betty Diggans
Vice President
RE VED
MAY 1 20112
i'M~Y--16--2002
AHD J
ANSRN
45~
?696
P.01
10?0 Evergreen Court
Box 372
EdenVall~, MN 55329
May 1'6, 2002
Dear Paul Dorling:
In 1962 my father watched MiraMar being built. He and my mother ~ the first couple to buy
a unit in the complex, Both of my folks have passed away and now my husband and I spend the
wi~t~ monib, s in Dciray Beach. We enjoy the time in the ama, as it is residential. Oh, there is ~
little shopping area, but no abundance of cars, Yes, it is a lovely area to live. Hopefully in future
ye. ars we can live there year around.
Now we hear you warn to rain our quiet area by putting up a 4 story-parking ramp. We want you
to know we are very_ mu,eh _opposed to this idea. It will ruin our quiet resi&mrial living area. The
majority of us are s~ior citizem and we enjoy the peace and quiet ar~a that we have chosen to
live in.
You have passed up plenty of opportunities to build your parking ramp in cormmrcial areas.
Why are you trying to ruin our area? Again - we are v_erv much onposed to it. Please reconsid~
your him-brained id=a.
Sincerely,
Marvin & Jau~ Anderson
6O V~=dan Driv=
Apt. 100 N
RECEIVED
1 6 20UZ