Ord 06-99 ORDINANCE NO. 6-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION FROM LD (LOW DENSITY RESIDENTIAL)
TO CF-P (COMMUNITY FACILITIES-PUBLIC BUILDINGS),
AND REZONING FROM R-1-A (SINGLE FAMILY RESIDENTIAL)
DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT, FOR
A PARCEL OF LAND LOCATED ON THE EAST SIDE OF S.W.
2ND AVENUE BETWEEN S.W. 6TH STREET AND S.W. 7TH
STREET, AS THE SAME IS MORE PARTICULARLY DESCRIBED
HEREIN; ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE
PLAN AMENDMENTS; AND AMENDING "ZONING MAP OF DELP~AY
BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is designated
on the Future Land Use Map (FLUM) in the Comprehensive Plan for the
City of Delray Beach, Florida, as LD (Low Density Residential 0-5
dwelling units/acre); and
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned R-1-A (Single Family Residential)
District; and
WHEREAS, at its meeting of January 25, 1999, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, reviewed this item at a public hearing and voted unanimously
to recommend approval of the small scale FLUM amendment and rezoning,
based upon positive findings; and
WHEREAS, it is appropriate that the Future Land Use Map in
the Comprehensive Plan be amended to reflect the revised land use
designation, and that the Zoning District Map of the City of Delray
Beach, Florida, dated April, 1994, be amended to reflect the revised
zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject
property is as follows:
Lot 8 Nichols First Addition to Delray Beach,
Florida, according to the Plat thereof, as recorded
in Plat Book 21 Page 69 of the Public Records of
Palm Beach County, Florida;
TOGETHER WITH
The West 57 5 feet of Lot 9 Sellers Addition to
° ,
Delray Beach, Florida, according to the Plat
thereof, as recorded in Plat Book 22, Page 17 of
the Public Records of Palm Beach County, Florida.
The subject property is located on the east side of
S.W. 2nd Avenue, between S.W. 6th Street and S.W.
7th Street; containing 0.41 acres, more or less.
Section 2. That the Future Land Use Map in the
Comprehensive Plan of the City of Delray Beach, Florida, is hereby
changed to reflect a land use designation of CF-P (Community
Facilities-Public Buildings) for the subject property.
Section 3. That the City of Delray Beach elects to make
this small scale amendment by having only an adoption hearing,
pursuant to Florida Statutes Section 163.3187(1)(c)4.
Section 4. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, is hereby amended to
reflect a zoning classification of CF (Community Facilities) District
for the subject property.
Section 5. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 4 hereof.
Section 6. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 7. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 8. That this ordinance shall become effective
thirty-one (31) days after adoption, unless the 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
- 2 - Ord. No. 6-99
uses dependent on this amendment may be issued or commence before it
has become effective. If a final order of noncompliance is issued by
the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective
status, a copy of which resolution shall be sent to the Department of
Community Affairs, Bureau of Local Planning, 2740 Centerview Drive,
Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final
reading on this the 16th day of February , 1999.
ATTEST:
~ City C~erk '
First Reading February 2, 1999
Second Reading February 16, 1999
- 3 - Ord. No. 6-99
~ 5, W. I 5RD .. ~ S.£, 3RD S1 .
~j~,T.~, S ~ ~TH
~ I~ -- ~~ ~ ~LM BEACH COUNTY
PUBLIC WORKS
-- " ~' II CF C ~,
...... ' ~/ll os
, , ,, ,
~ ~~ O~
q ~ · 10TH ST.
~ ~ONDOS
N-- CHEMICAL STORAGE BUILDING
~ - FUTURE ~ND USE MAP AMENDMENT -
FROM: LD (LOW DENSI~, 0-5 d.u./oc,) TO: CF-P [COMMUN~ F~IL~IES-PUBLIC BUILDING)
~ ~ ~AY BEACH, FL
PLANNING ~ Z~ING DEPAR~[NT ~- WATER ~LL PROTECTION ZONE 1 ~ ~ ~ ~ ~ - WA~R WELL PROTECTION ZONE:
S.,.W. 3RD ST. S.E. 3RD ST. !S.£. 3RP~ ST.
~. MERRITT ~ ~
: < PARK
, ~ ~ .... ~
I
-- I~ OSR.~ R~'--~-
~ I"1 ~ PALM BEACH COUNTY
c,~ o~ ~ ~.:. C F
.E
' IIII CF
Tut' ~ IIIII II 1111II ,,z
~'~' ~i
S.W. 10TH ST. ~.FI 1UIH
SCHOOL ~
N CHEMICAL STORAGE BUILDING
~ - REZONING -
Cl~ ~ DELRAY BEACH, FL FROM: R-1-A (SINGLE F~ILY RESIDENTRL) TO: CF (C~MUNI~ F~ILITIES)
PLANNING ~ Z~INC DEPARTMENT
FILE NUMBER: 99-039-REZ-CCA I
PETITION NAME: WATER TREATMENT PLANT -
EXPANSION SITE
A. City of Delray Beach Comprehensive Plan as Existed on 2-16-99,
B. City of Delray Beach Land Development Regulations as Existed on 2-16-99,
C. City of Delray Beach Zoning District map as Existed on 2-16-99,
D. City of Delray Beach Future Land Use Map as Existed on 2o16-99.
ARE INCLUDED AS DOCUMENTS OF THE PROJECT FILE
1. Diane Colonna Dominguez, AICP, Planning Director 2-16-99
2. Paul Dorling, Principal Planner A:~CP 2-16-99
3. Claire Graham, Senior Planner A~'c? 2-16-99
1. Rezoning Application. 12-04-98
2. Planning and Zoning Board Staff Report for the meeting of January 1-25-99
25, 1999.
3. City Commission Documentation for the meeting of Febraury 2, 2-02-99
1999.
4. Ordinance #6-99, passed on First Reading 2-02-99
Page1
IFILE NUMBER: 99-039-REZ-CCA [
PETITION NAME: WATER TREATMENT PLANT
EXPANSION SITE
1. Tax map showing properties within 500' of subject site. 1-12-99
2. List of the name and addresses of all property owners within a 500' 1-12-99
radius of subject site.
3. Public Notice # 99-039-REZ-CCA, mailed January 14, 1999. 1-14-99
4. Special Courtesy Notice to the Neighborhood Association mailed 1-14-99
January 14, 1999
S:/APPEALS/VVATER TREATMENT
Page 2
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2qAGER~
SUBJECT: AGENDA ITEM # IO~ - REGULAR MEETING OF FEBRUARY 16, 1999
ORDINANCE NO. 6-99 (SMALL SCALE FUTURE LAND USE PLAN
AMENDMENT AND REZONING FOR CHEMICAL STORAGE BUILDING)
DATE: FEBRUARY 11, 1999
This is second reading and a quasi-judicial public hearing for
Ordinance No. 6-99 which provides for a small scale Future Land
Use Map amendment from LD (Low Density Residential 0-5 dwelling
units/acre) to CF-P (Community Facilities-Public Buildings) and
rezones property from R-1-A (Single Family Residential) to CF
(Community Facilities) District.
The subject property is located on the east side of S.W. 2nd
Avenue between S.W. 6th and 7th Streets. The FLUM amendment and
rezoning are being processed to accommodate the construction of a
chemical storage building associated with the City's Water
Treatment Plant which is located directly west of the subject
site.
The Planning and Zoning Board considered the rezoning request at a
public hearing on January 25, 1999. A resident of the area
expressed concern regarding the nature of the chemicals to be
stored at the new building. Staff explained that the chemicals
are inert and are not classified as hazardous materials. The
Board voted unanimously to recommend approval of the Future Land
Use Map amendment and rezoning. At first reading on February 2,
1999, the Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 6-99 on second and final
reading, based upon positive findings and the recommendation of
the Planning and Zoning Board.
ref:agmemol3
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: January 25, '1999
AGENDA ITEM: IV.D.
ITEM: city Initiated Future Land Use Map (F.L.U.M.) Amendment From LD (Low
Density Residential) to CF-P (Community Facilities-Public Building) and
Rezoning From R-1-A (Single Family Residential) to CF (Community Facilities)
For a Parcel of Land Located on the East Side of S.W. 2nd Avenue, Between
S.W. 6th and 7th Streets, Associated with the Expansion of the City's Water
· Treatment Facility.
S.W. 5RD ST.
M£RRI TT
PARK
GENERAL DATA:
hl ] DRUG ABUSE FOUNDATION
Owner ..................................... City of Delray Beach, Florida ~] 11 or
Applicant ................................. David T. Harden, City Manager PALU BEACH COUNTY
Location .................................. East side of S.W. 2nd Avenue, W I CITY OF DELRAY BEACH
~'{ I PUBLIC WORKS
between S.W. 6th & 7th Streets. HI COMPLEX
Property Size .......................... 0.41 Acre
I~/
F.L.U.M Designation ............... LD (Low Density, 0-5 d.a./ac.)
rl
Proposed F.LU.M CF-P (Community Facilities-
Designation ............................. Public Building)
Existing City Zoning ................ R-1-A (Single Family
Residential)I ~.,~. 7~I ~'
Proposed City Zoning ............. CF (Community Facilities) I~"'"1
Adjacent Zoning ............ North: R-1-A
East: R-1-A III1' z
West: CFL IIIIIIIIIIIIIIIIIIIII
Existing Land Use .................. Vacant land and single family ,.,,. ,,, cou,,
residence I IIIIIIIIIIIIIIII I
Proposed Land Use ................ Future Land Use Map
Amendment and Rezoning toe II
more appropriate designation for
the use of the parcels. . .
Water Service ......................... N/A tlfll
Sewer Service ......................... N/A
S.W. 10TH ST.
IV.D.
The item before the Board is that of
Small-Scale Future L making -- --.
d,u./ac) to CF-p L_and Use Ma A _ a reCOmmendation
('Single F~,...:, _ (Communi~ Fa?,... me_ndment from/r~ ,, on a City
o,~lly h~esidenti~m ~ ..~ulal~les.Publi~ c~..:,:,'.' "~ [~-ow De o;+,. ,-, .. initiated
the City Water Treatment Plant. , ,,.,, a property associ~i'e~/'v~ii~
..... v ,u uP- (Commu i;,'~ ~'_,,_,,o.!ngs) and a ~s. it_y_ .~es~?ential, 0-5
n.,~, ~'acilides~ ~,.. _ re,:unlng from r~., .
The subject property
Street. is located at the northeast COmer °f S'W2"~Avenue and S.W. 7~
The ProPosal incorporates Lot 8 (Nichols Addition to Delray Beach SUbdivision) and
the western 57.5 feet of Lot 9 (Sellers Addition Subdivision), and COntains .41 acm.
Lot 8 is developed With a vacant single family residential home. A wOoden
runs along the north Property line. Lot 9 is currently vacant. POWer pole
The City recently Purchased the SUbject lots and requests to change the zoning
Future Land Use Map designations are now before the Board. and
The ProPosal is to c
~z~..n..e !he Property ~._u~a_c)to CF-p ~,co~d.d_.us..e _Map desian~,,,._ . '"
)' '"~ t'LU~,~ __ "~mgle F~,-,~,. .. c..,.~.~,ublic ~..:,_,. L.D (Low
accommodate the '"' amendment a,,-,'"' '''y t~esidential) tn ~-,u~"c?-.gs) and to
Construction of a chemical storage uemg Processed
Water Treatment Plan. . . .u rezoning am L :" ,.,r (~JommunP,.
building will hOuse ,.,~,.t..Which is located d'- . building associated
~u~y pr~Osphates fo ..... ~rec. tly west of the With the
chemicals are inert an
SUbject site. The storaC~ty
and has a CF '*' - d not a health ~'' ~va~er treatment, and POrtable generators Thee
s · -t-, FLU · hazard Th
.,.ubject Prone~, - M designation .,.~ · e Water
I reatme,~+ r~?_' '~Y are beinn c~.__ '. ,ne zoni ,~ .... L~a~ment Pla-* ~- - '
,,~ r-lant to .... ~ -~nge(/ ,,, .,_ n~ ~no FLH~,~ -, . '" '~ ZOned ~-
~comrnodate th-. :--,~" .me same cia .,,,v, .°estgnations
~ '-c~Uslon of p,~- - ss~ficat~ons ~,,. ,,_ Of the
ASSociated With this ",~ new use and buil~g,me Water
S.W. 7· project is a request to close a Port/on of S.W. 2,~ Avenue north
Street Which is also before the BOard for COnsideration. of
This Future Land U
Development se Map amen
govemr,..... _ PUrsuant to Flor'd _.dment is be/
,~,-u Use amend~en,~,' '_..' his Statute state~',~°.malI-SCale
~ o~rectly related ~,, ~_~nat any local
· " proposed small
P & Z Staff Report
Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning
Page 2
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:
El The amendment does not exceed 10 acres of land;
El 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;
and,
El 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.
The Future Land Use Map amendment involves a .41 acre area, thus the total area is
less than the 10 acre maximum. The property is not located within the City's traffic
concurrency exception area, but is within the community redevelopment area.
However, the cumulative effect of the amendments processed does not exceed 120
acres within this area. This property has not previously been considered for a land
use amendment nor has the same property owner's properties been granted a land
use change within 200 feet, within the last year.
Land Use Analysis:
Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use
Map), all land uses and resulting structures must be allowed in the zoning
district within which the land is situated and, said zoning must be consistent
with the land use designation as shown on the Future Land Use Map.
The proposed CF-P (Community Facilities-Public Buildings) Future Land Use Map
designation is consistent with the proposed CF (Community Facilities) zoning
classification. The proposed amendment to CF-P is being processed concurrent with
a request for rezoning to CF to accommodate the proposed chemical storage building
associated with the Water Treatment Plant. The current LD FLUM classification is also
consistent with the proposed CF zoning. However, given that the Water Treatment
Plant has a CF-P FLUM designation, and the new building will be part of this facility, it
is appropriate that the accessory storage building be reclassified to the same CF-P
designation.
P & Z Staff Report
Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning
Page 3
Adjacent Land Use Designations, Zoning Designations & Land Uses:
North, East and South: North, east, and south of the property has a Future Land Use
Map designation of LD (Low Density Residential, 0-5 du/ac) and is zoned R-1-A
(Single Family Residential). Single family residences currently exist on these parcels.
West: West of the property has a CF-P (Community Facilities-Public Buildings)
Future Land Use Map designation and the property is zoned CF (Community
Facilities). The existing land use is the City Water Treatment Plant.
Allowable Land Uses:
Under the current R-1-A zoning designation a chemical storage building is not
permitted. The R-1-A zoning district is intended to accommodate single family
residential development and related accessory uses (guest houses, garages, sheds,
greenhouses, etc.). The CF land use and zoning designations allow a wide range of
public, semi-public, and private uses (i.e., water treatment plants, civic centers,
hospitals, governmental offices, churches, etc.), and their accessory uses and
structures. The Water Treatment Plant is currently zoned CF with a FLUM
designation of CF-P. Under the proposed CF-P FLUM designation and associated
CF zoning designation, the chemical storage building is allowed as an accessory use
[Ref. LDR Section 4.4.21(C)(4)]. Based upon the above, a positive finding can be
made with respect to consistency with the Future Land Use Map designation.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable policy was found.
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use
Map (FLUM) 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 chemical storage building has been listed in Table CI-CIP of the Capital
Improvements Element as a project that has been funded for this fiscal year. The
P & Z Staff Report
Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning
Page 4
proposal is to change the FLUM designation from LD to CF-P, and to rezone the
property from R-1-A to CF. The existing Low Density FLUM designation is
consistent with the proposed CF zoning designation. However, given the subject
area will be part of the Water Treatment Plant complex, it is appropriate to assign
the same CF-P FLUM classification.
Consistency - The requested designation is consistent with goals,
objectives, and policies of the most recently adopted Comprehensive Plan.
The following are applicable objectives of the Comprehensive Plan.
Future Land Use Element Objective A-l: Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate
in terms of soil, topographic, and other applicable physical considerations,
is complementary to adjacent uses, and fulfills remaining land use needs.
Public Facilities Element Objective D-l: Provisions are to be implemented to
maintain and upgrade existing public facilities to retain the acceptable level
of service for the facility and to maintain the "marketability of the facility and
the City".
Capital Improvement Element Objective A-l: The city shall direct financial
resources to the task of maintaining and upgrading existing public facilities
as necessary to assure that the entire City achieves the adopted levels of
service. To this end, the City shall allocate sufficient reserves and annual
recurring funding to address critical needs and system deficiencies.
The subject property does not have any unique environmental characteristics that
would prohibit development of the site or require mitigation measures. The
property can be developed in a manner that will be complementary to the adjacent
areas. The CF-P FLUM designation will accommodate the proposed chemical
storage building, which has been listed as a capital improvement project for this
fiscal year, and is consistent with the objective to maintain and upgrade public
facilities.
[3 Concurrency -- The requested designation will be compatible with existing
and future land uses of the surrounding area. Pursuant to LDR Section
3.1.1(B), facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
P & Z Staff Report
Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning
Page 5
Water, Fire and Sewer:
Water service is available via an existing 6" water main within S.W. 7th Street. Fire
hydrants are located on the west side of S.W. 2"~ Avenue within the Water
Treatment Plant complex, and at the southeast corner of $.W. 2nd Avenue and
S.W. 7th Street. Sewer service is available via existing 8" sewer mains within
S.W. 6th and S.W. 7th Streets. Required connections to water and sewer services
will be reviewed at the time a site plan and engineering plan are submitted.
Drainage:
With FLUM and rezoning requests drainage plans are not required. A drainage
plan will be required with the site and development plan application for the
chemical storage building.
Traffic:
The current LD land use and R-l-^ zoning designations generally allow for single
family residential development. Under the current R-1-A zoning classification, a
maximum of two single family units could be constructed on the subject property (a
single family home is located on Lot 8), generating a total of 20 Average Daily
Trips. The CF zoning and FLUM designations allow a variety of uses, including
governmental, community, recreational, services, religious, health care, and
educational.
Construction of a storage building associated with the Water Treatment Plant is
proposed. Generally trip generation rates depend upon the use and size of the
building. However, the storage building will be an accessory use to the water
treatment plant and will not add trips to the surrounding roadway network. No
concurrency issues are anticipated with this new construction.
Parks and Recreation:
Park and dedication requirements do not apply to nonresidential uses. Thus, there
will be no impact on this level of service standard.
Solid Waste:
The current LD designation provides for residential development (generally single
family) at a density of five units per acre or less. The current R-1-A zoning
generally permits only single family homes. The subject property contains .41 acre
and a maximum of two units are allowed on this site, generating 3.98 tons per year
(1.99 tons/unit/yr, x 2 units). The proposed CF land use designation provides for a
P & Z Staff Report
Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning
Page 6
variety of public, semi-public, and private uses (i.e., educational, health care,
governmental, recreational, and religious facilities) and the solid waste generation
rates vary for these uses. The solid waste generation rate for a general
wholesale/mini warehouse is 5.2 lbs./sq, ft./yr. While no plans have been formally
submitted for the storage building an increase in trash generation may be
expected under the CF zoning designation. However, adequate capacity exists at
the County landfill to accommodate this use.
Compliance -- Development under the requested designation will comply
with the provisions and requirement of the Land Development Regulations.
Compliance with the Land Development Regulations will be further addressed with
review of a site plan approval request.
Compatibility -- The requested designations will be compatible with the
existing and future land uses of the surrounding area.
Compatibility with the adjacent Community Facilities designation to the west of the
site is not a concern. The subject area abuts the LD FLUM designation to the
north, east, and south. The City's facilities have co-existed in this neighborhood
for many years with no problems noted. The addition of a storage building is not
expected to change that. Further, adequate landscaping and screening serving as
a buffer between the residential and non-residential uses will be required with the
new building. The proposed development will be reviewed for compatibility and
compliance with development requirements at the time a site plan application is
formally submitted.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1(Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is
part of the official record. This may be achieved through information on the
application, the staff report, or minutes. Findings shall be made by the body
which has the authority to approve or deny the development application. These
findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan
Consistency and Compliance with the Land Development Regulations.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the Future Land Use Map Analysis section of this report.
Compliance with respect to Compliance with the Land Development Regulations
(Standards for Rezoning Actions, Rezoning Findings) are discussed below.
P & Z Staff Report
Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning
Page 7
CONSISTENCY: Compliance with the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required findings in
Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding
of overall consistency is to be made. Other objectives and policies found in the
adopted Comprehensive Plan may be used in the making of a finding of overall
consistency.
Section 3.3.2 (Standards for Rezoning Actions): Standards B and C are not
applicable. The applicable performance standards of Section 3.3.2 is as
follows:
A) That a rezoning to other than CF within stable residential area shall be
denied.
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.
To the north, south, and east are single family homes on properties zoned R-1-A.
The City Water Treatment Plant is located to the west on property zoned CF.
Compatibility with the Water Treatment Plant is not a concern. The existing Water
Treatment Plant facility has co-existed with the surrounding uses for several years
and this rezoning proposal to expand the facility will not be introducing a new use
to the property or area.
As previously discussed in the Compatibility section of this staff, any further
development must adhere to the City's Land Development Regulations (i.e.,
setback, height, landscaping, lighting, signage and parking requirements). Per
LDR Section 4.4.21(G)(2), when the CF zone district is adjacent to residential
zoning, the perimeter landscape area should be increased to a depth of 15'; or, as
an alternative, either a wall, decorative fencing, or hedging should be installed for
aesthetic and buffer purposes. These requirements will be reviewed at site plan.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
a. That the zoning had previously been changed, or was originally established,
in error;
P & Z Staff Report
Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning
Page 8
b. That there has been a change in circumstances which make the current
zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The applicant has submitted a justification statement which states the following:
"The City has purchased the property adjacent to the Water Treatment
Plant with the intention of constructing a chemical storage building. The
current zoning of R-1-A will need to be change to CF to accommodate the
proposed use."
The applicable reason is "b". The current R-1-A zoning designation permits only
single family residential development. The City has purchased the property to
construct a chemical storage building associated with the Water Treatment Plant,
which is zoned CF. The property is being rezoned to CF to accommodate the new
building, and to be consistent with the CF zoning classification of the Water Treatment
Plant.
Reason "c" is also applicable given that the proposed CF land use and zoning are
consistent with the adjacent CF Future Land Use Map designation.
The subject property is not in a geographic area requiring review by the HPB (Historic
Preservation Board) or DDA (Downtown Development Authority).
CRA. (Community Redevelopment Agency):
The CRA reviewed the proposal at its January 14, 1999 meeting and recommended
approval of the request.
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property.
Special courtesy notices have been sent to:
> Merritt Park Neighborhood Association
P & Z Staff Report
Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning
Page 9
:~ Rosement Neighborhood Association
Letters of objection or support, if any, will be presented at the P & Z Board meeting.
The Future Land Use Map Amendment from Low Density Residential to Community
Facilities-Public Buildings is consistent with the policies of the Comprehensive Plan
and Chapter 3 of the Land Development Regulations. The amendment will apply the
appropriate Future Land Use Map and zoning designations to accommodate the
proposed use as well as provide consistency with the Water Treatment Plant facility.
The rezoning from R-1-A to CF is consistent with the policies of the Comprehensive
Plan and Chapter 3 of the Land Development Regulations. Positive findings can be
made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that there has been a
change in circumstances which make the current zoning inappropriate. The existing
Water Treatment Plant complex has existed within the surrounding neighborhood for
many years and the proposed associated storage building should not negatively
impact the adjacent properties. The construction of the new building will require
submittal of a complete site plan application and adherence to the Land Development
Regulations.
A. Continue with direction.
B. Recommend approval of the Small-Scale Future Land Use Map Amendment from
LD (Low Density Residential, 0-5 du/ac) to CF-P (Community Facilities-Public
Buildings), and the rezoning request from R-1-A (Single Family Residential) to CF
(Community Facilities) 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).
C. Recommend denial of the Small-Scale Future Land Use Map Amendment from LD
(Low Density Residential, 0-5 du/ac) to CF-P (Community Facilities-Public
Buildings), and the rezoning request from R-1-A (Single Family Residential) to CF
(Community Facilities) based upon a failure to make positive findings with respect
to LDR Section 2.4.5(D)(5), that the rezoning fails to fulfill one of the basis
reasons.
P &'Z Staff Report
Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning
Page 10
Recommend to the City Commission approval of the Small-Scale Future Land Use
Map amendment from LD (Low Density Residential, 0-5 du/ac) to CF-P (Community
Facilities-Public Buildings) and the rezoning from R-1-A (Single Family Residential) to
CF (Community Facilities) 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:
Location Map
Existing Future Land Use Map
Existing Zoning Map
Survey
u:\grahamc\pzrep\h20chem.doc
Boca Raton News, Monday, February 8, ! 999 .~[~
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF LAND USE CHANGE
The City Commission of the City of Delray Beach, Florida,
will consider a proposed change to the Future Land Use Map for a
0.41 hare parcel of land located on the east ~ of S.W. 2nd Avenue
between S.W. (~h and 7th Street. The proposal involves a Small
Scale Future Lend Use Map amendment FROM LD (Low Density
Residential 0-5 dwelling units/acre) TO CF-P (Community
Fucilities-Fublic Buildings), associated with the construction of
chemical storage building at the City's water treatment facility.
The City Commlgsion will condUct a Public Heating on TUESDAY,
FEBRUARY 16, 1999, AT 7.'00 P.M. (or at any continuation of
such meeting which is set by the Commigsion), in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. At this meeting the City Commission will consider
adopting this small scale amendment to the Futme Land Use Map.
The title of the enacting ordinance is as follows:
ORDINANCE NO. 6-99
AN ORDINANCE OF THE C1TY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE
LAND USE MAP DESIGNATION FROM LD (LOW DENSITY
RESIDENTIAL) TO CF-P (COMMUNITY FACILITIES-P~LIC
BUILDINGS), AND REZONING FROM R-I-A (SINGLE
FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY
FACILITIES) DISTRICT, FOR A PARCEL OF LAND LOCATF. D
ON THE EAST SIDE OF S.W. 2N'D AVENUE BETWEEN S.W.
6TH STREET AND S.W. 7TH STREEF, AS THE SAME IS
MORE PARTICULARLY DESCRIBED HEREIN; ~I.NCTING
TO PROC~.~D UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; AND AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1994'; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
comment upon the prot~sed Land Use Map Amendment or submit
their comments in writing on or before ~he dau~ of this hearing to the
Planning and Zoning Department. For further information or to
obtain copies of the proposed amendment, please contact Claire
Lyre-Graham at the plnnnin~ and Zoning Deparanent, City Hall,
100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 561-
243-7040), between the hours of 8:00 a.m. and 5:O0 p.m., Monday
through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
APPEAL ANY DF_L-~ION MADE BY THE CITY COMMISSION
WITH RESPECT TO ANY MATI'ER CONSIDERED AT THIS
HEARING, SUCH PERSON WILL .NI~I~ A RECORD OF
THESE PROCEEDINGS, AND FOR THIS PURPOSE MAY
NEED TO ENSURE THAT A VERBATIM ~ INCLUDES
THE TESTIMONY AND EVIDENCE Ui~ON WHICH THE
APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE
NOR PREPASRE SUCH RECORD. PURSUANT TO F.S.
286.0105.
PUBLISH: Boca Raton News ~CTI'Y OF DELRAY BEACH
Add 788512
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF LAArDUSE CHANGE
The City Commission of the City of Delray Beach, Florida, will
consider a proposed change to the Future Land Use Map for a 0.41 acre
parcel of land located on the east side of S.W. 2nd Avenue between
S.W. 6th and 7th Streets. The proposal involves a Small Scale Future
Land Use Map amendment FROM LD (Low Density Residential 0-5 dwelling
units/acre) TO CF-P (Community Facilities-Public Buildings),
associated with the construction of a chemical storage building at the
City's water treatment facility.
The City Commission will conduct a Public Hearing on TUESDAY, FEBRUARY
16, 1999, AT 7:00 P.M. (or at any continuation of such meeting which
is set by the Commission), in the Commission Chambers at City Hall,
100 N.W. 1st Avenue, Delray Beach, Florida. At this meeting the City
Commission will consider adopting this small scale amendment to the
Future Land Use Map. The title of the enacting ordinance is as
follows:
ORDINANCE NO. 6-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM LD (LOW
DENSITY RESIDENTIAL) TO CF-P (COMMUNITY FACILITIES-PUBLIC BUILDINGS),
AND REZONING FROM R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF
(COMMUNITY FACILITIES) DISTRICT, FOR A PARCEL OF LAND LOCATED ON THE
EAST SIDE OF S.W. 2ND AVENUE BETWEEN S.W. 6TH STREET AND S.W. 7TH
STREET, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND
USE PLAN AMENDMENTS; AND AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
All interested citizens are invited to attend the public hearing and
comment upon the proposed Land Use Map Amendment or submit their
comments in writing on or before the date of this hearing to the
Planning and Zoning Department. For further information or to obtain
copies of the proposed amendment, please contact Claire Lyte-Graham at
the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue,
Delray Beach, Florida 33444 (Phone 407/243-7040), between the hours of
8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE
BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
HEARING, SUCH PERSON WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR
THIS PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY
DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH: The News CITY OF DELRAY BEACH
February 8, 1999 Alison MacGregor Harty
City Clerk
Instructions to Newspaper: This ad is not to appear in the legal/
classified section. It must be at least two (2) columns wide by ten
(10) inches long. The headline [CITY OF DELRAY BEACH, FLORIDA
NOTICE OF LAND USE CHANGE] must be 18 point bold. Thank you.
TO: DAVID T. HARDEN, CITY MANAGER ~'~
THRU: DIANE DOMINGUEZ, DIRECTOR QF P N~~N~ AND
SUBJECT: MEETING OF FEBRUARY 2, 1999
SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM LOW
DENSITY RESIDENTIAL TO COMMUNITY FACILITIES-PUBLIC BUILDINGS,
AND REZONING FROM R-I-A (SINGLE FAMILY RESIDENTIAL) TO CF
(COMMUNITY FACILITIES) FOR A PARCEL OF LAND LOCATED ON THE
EAST SIDE OF S.W. 2NO AVENUE, BETWEEN S.W. 6TM AND S.W. ?TH
STREETS, ASSOCIATED WITH THE EXPANSION OF THE CITY'S WATER
TREATMENT PLANT.
The FLUM amendment and rezoning are being processed to accommodate the construction of a
chemical storage building associated with the City Water Treatment Plant, which is located
directly west of the subject site. The FLUM and zoning designations of the subject property are
being changed to the same classifications as the Water Treatment Plant to accommodate the
inclusion of this new use and building. Associated with this project is a request to close a
portion of S.W. 2nd Avenue north of S.W. 7th Street, which will be considered at the City
Commission meeting of February 16, 1999. Additional background and analysis of the request
is found in the attached Planning and Zoning Board staff report.
At its meeting of January 25, 1999, the Planning and Zoning Board held a public hearing in
conjunction with review of the requests. While there was no public testimony regarding the
rezoning, during the hearing on the related street closure, a resident of the area expressed
concern regarding the nature of the chemicals being stored. Staff explained that the chemicals
are inert and are not classified as hazardous materials. The Board then unanimously voted to
recommend approval of the FLUM Amendment and rezoning to the City Commission.
By motion, approve on first reading the ordinance for the FLUM amendment from LD (Low
Density Residential) to CF-P (Community Facilities-Public Buildings) and the rezoning from R-l-
A (Single Family Residential) to CF (Community Facilities), based upon positive findings and
recommendation by the Planning and Zoning Board, and setting a public hearing date of
February 16, 1999.
Attachments: · Planning and Zoning Staff Report
· Ordinance by Others
LEGAL VERIFICATION FORM
FILE #: 99-039
PROJECT NAME: WATER TREATMENT PLANT - EXPANSION SITE
LEGAL DESCRIPTION:
Lot 8, Nichols First Addition to Delray Beach,/~ according to the Plat
thereof, as recorded in Plat Book 21, Page 69 of the Public Records of
Palm Beach County, Florida
Together With
The West 57.5 feet of Lot 9, Sellers Addition to Delray Beach,;
according to the Plat thereof, as recorded in Plat Book 22, Page 17 of
the Public Records of Palm Beach County, Florida.
SOURCE of Legal Description: Survey
VERIFICATION REQUEST NEEDED BY: JANUARY 28, 1999
LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND
READING:
VERIFIED BY: ~ DATE:
VERIFICATION REQUEST NEEDED BY:
LEGWATER