36-93 ORDINANCE NO. 36-93
AN ORDINANCE OF THE CITY COM~4ISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED CBD (CENTRAL BUSINESS DISTRICT) IN CF
(COMMUNITY FACILITIES) DISTRICT; SAID LAND IS LOCATED
AT THE SOUTHWEST CORNER OF N.E. 4TH AVENUE AND N.E.
3RD STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AND
AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA,
1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the CF
(Community Facilities) District as defined in Chapter Four of the Land
Development Regulations of Delray Beach, Florida, to-wit:
A portion of Block 90, L.R. Benjamin's Subdivision,
according to the Plat thereof recorded in Plat Book 12
at Page 18 of the Public Records of Palm Beach County,
Florida, and a portion of the Florida East Coast
Railway right-of-way as shown on Model Land Company's
Subdivision of Block 98, and that part of Block 90
lying east of the Florida East Coast Railway
right-of-way, Town of Delray Beach, Florida, according
to the plat thereof recorded in Plat Book 9 at Page 33
of the Public Records of Palm Beach County, Florida,
being more particularly described as follows:
Begin at the northeast corner of Lot 1, of said L.R.
Benjamin's Subdivision and run on an assumed bearing
of S00 18'39"W. along the east line of Lots 1, 2 and 3
for 137 00 feet; thence run N88 49'54"W. for 94.42
feet; thence N09 45'36"E. along a line 50.00 feet
westerly of as measured at right angles to the west
lines of said Lots 1, 2 and 3 for 138.54 feet; thence
S88 49'54"E. along the westerly extension of and north
line of said Lot 1, L.R. Benjamin's Subdivision for a
distance of 71.67 feet to the Point of Beginning.
The subject property is located at the southwest
corner of N.E. 4th Avenue and N.E. 3rd Street, Delray
Beach, Florida.
The above-described parcel contains 0.26 acres of
land, more or less.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District 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conflict herewith be, and the same are hereby repealed.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 27th day of April , 1993.
ATTEST:
~ity ' ~le~k
First Reading April 13, 1993
Second Reading April 27, 1993
- 2 - Ord. No. 36-93
N.E. 3RD ST.
N.E. 1ND ST.
DELRAY BEACH
BOOSTER STATION
ITEM ~ I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/'I
SUBJECT: AGENDA ITEM # /0 ~ - MEETING OF APRIL 27, 1993
QRDINANCE NO'. 36-93
DATE: April 23, 1993
This is the second reading of an ordinance which rezones property
presently zoned CBD (Central Business District) to CF (Community
Facilities) District to accommodate the construction of the City's
Master Booster Pump Station. The subject property is located at the
southwest corner of N.E. 4th Avenue and N.E. 3rd Street.
The Master Pump Station is listed as a mandatory need in the
Comprehensive Plan. The facility at this location will replace the
station currently located at Veteran's Park. This type of facility is
not listed as a permitted use in the CBD; therefore, a change of
zoning is required. The most appropriate zoning district for this use
is CF.
The City Commission initiated this rezoning at its July 28, 1992
meeting. On August 17, 1992, the Planning and Zoning Board
recommended approval of the rezoning. Formal action by the Commission
was then deferred until such time as the City actually acquired the
property. This was accomplished by action of the Commission at the
March 23, 1993, regular meeting.
At the April 13th regular meeting, Ordinance No. 36-93 was passed on
first reading by a 5-0 vote.
Recommend approval of Ordinance No. 36-93 on second and final reading.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /~- MEETING OF APRIL 13, 1993
ORDINANCE NO. 36-93/REZONING PROPERTY FROM CBD TO CF
FOR MASTER PUMP STATION
DATE: APRIL 9, 1993
This is first reading of an ordinance which rezones property
presently zoned CBD (Central Business District) to CF (Community
Facilities) District to accommodate the construction of the
City's Master Booster Pump Station. The subject property is
located at the southwest corner of N.E. 4th Avenue and N.E. 3rd
Street.
The Master Pump Station is listed as a mandatory need in the
Comprehensive Plan. The facility at this location will replace
the station currently located at Veterans Park. This type of
facility is not listed as a permitted use in the CBD (Central
Business District); therefore, a change of zoning is required.
The most appropriate zoning district for the use is CF (Community
Facilities).
The City Commission initiated this rezoning at its July 28, 1992,
meeting. On August 17, 1992, the Planning and Zoning Board
recommended approval of the rezoning. Formal action by the
Commission was then deferred until such time as the City actually
acquired the property. This was accomplished by action of the
Commission at the March 23, 1993, regular meeting. Hence, we are
now ready to proceed with rezoning of the property by ordinance.
Recommend approval of Ordinance No. 36-93 on first reading. If
passed, second reading and public hearing will be held on April
27, 1993.
CITY COMMISSION DOCUMENTATION
TO: /~-,~ID'-~ T. HARDEN, CITY MANAGER
THRU: DAVID J. KOVACS, DIRECTO
DEPARTMENT OF PLANNING AND ZONING
FROM: J~ET MEEKS, PLANNER II
SUBJECT: MEETING OF AUGUST 25, 1992
ORDINANCE REZONING 0 · 26 ACRES FROM CBD ( CENTRAL
BUSINESS TO CF (COMMUNITY FACILITY) FOR THE IN-LINE
MASTER PUMP STATION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the rezoning ordinance from CBD (Central
Business District) to CF (Community Facilities).
The property is located at the southwest corner of N.E. 4th
Avenue and N.E. 3rd Street.
BACKGROUND:
The City is currently negotiating the purchase of the subject
property for the construction of an In-Line Master Pump Station.
The master pump station is listed as a M&nd&tory need in the
Comprehensive Plan. The construction of this facility is needed
in order to accommodate new development based upon a level of
service standard deficiency.
This type of facility is not listed as a permitted use in the CBD
(Central Business District), therefore, a change of zone is
required. The most appropriate zoning designation for the use is
CF (Community Facilities). The City Commission initiated this
rezoning at its July 28, 1992 meeting.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of August 17, 1992 and unanimously recommended approval of
the rezoning on a 5-0 vote (2 members absent).
City Commission Documentation
Rezone of property from CBD to CF for the Mater Pump Station
Page 2
RECOMMENDED ACTION:
By motion, approve this ordinance on first reading to rezone
the subject property from CBD (Central Business District) to CF
(Community Facilities).
Attachment:
* P&Z Staff Report
PLANNING & ZONING BOARD
OITY OF DELRAY B,..ACH --- S,AFF REPORT---
MEETING DATE: August 17, 1992
AGENDA ITEM: III.B.4.
r~EM: Rezoning from CBD to CF for Master Booster Station Site~
Southwest Corner of N.E. 4th Avenue & N.E. 3rd Street
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GENERAL DATA:
O~ne: ......................... Ct:¥ o[ De[:ay Beach~ ~[o:~da
Rgen: ......................... ~tZ[tam H. G:eenwood
D£:ec:o:~ £nvt:onmen:a[ Se:vtces
~oca:ton ...................... Southwes[ co:ne: o[ ~E 4:h $::eet and NE 3~d Avenue,
P:ope=:y Stze ................. 0,26 Ac:es
C£:y ~and Use ~[an ............ Comme:cta! Co~e
Ex~s:tng 3on[rig ............... CBD (Central Business DisC:Ici)
~:oposed 3on£ng ............... Cr (Contmunt[¥ FactZt:tes)
Rd~acen[ 3ontng ........ No::h: C9D
East: CBD
South: CBD
West: CBD
Existin~ Land Use ............. Vacant, with a semi-improued parking area.
Proposed Improvement .......... Relocate main booster station for the City's sewer system.
Water Seruice ................. Existing 16" water main alon9 NE
3rd Street and an existing 2" line
along NE 4th Avenue.
Sewer Service ................. Existin9 36" and 24" sanitary III.B.~.
sewer force mains along NE 3rd
ITEM BEFORE THE BOARD =
The item before the Board is that of making a recommendation on a
proposed rezoning from CBD (Central Business Center) to CF
(Community Facilities).
The subject property is located at the southwest corner of N.E.
4th Avenue and N.E. 3rd Street and contains approximately 0.26
acres.
BACKGROUNDs
The subject property was originally platted in 1923 as part of
the Model Land Company's subdivision. Lots 1,2 and 3 were
replatted in 1925 as part of the Benjamin's Subdivision. No other
development history has occurred on the site, except for an
off-site parking lot for the Elks Lodge located across N.E. 4th
Avenue.
The City is currently negotiating the purchase of the subject
property for the construction of an in-line booster master pump
station. This pump station will eliminate the need for the
existing master lift station at Veteran's Park.
The City Commission initiated the change in zoning from CBD
(Central Business District) to CF (Community Facilities) at its
July 28, 1992 meeting. The petition is now before the board for
a recommendation.
DEVELOPMENT PROPOSAL :
The development proposal is to remove the existing asphalt
and construct a 2,000 sq. ft. building. The building will
consist of a pump room, electrical room, emergency generator room
and a fuel storage area. A driveway will be provided from N.E.
3rd Street along with two parking spaces.
This type of facility is not listed as a permitted use in the CBD
zoning district, therefore, a change of zone is required. The
most appropriate zoing designation for the use is CF.
ZONING ANALYSIS :
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the application,
the Staff Report or Minutes. Findings shall be made by the
body which has the authority to approve or deny the
development application. These findings relate to the
following four areas.
~P&Z Staff Report
Master Lift Statio.
Page 2
Future Land Use Map: The use structures must be allowed in the
zoning district and the zoning district must be consistent with
the land use designation.
The subject property is currently zoned CBD. The proposed CF
district is a special purpose zone district primarily intended
for facilities which serve public and semi-public needs.
Pursuant to Section 4.4.21(B)(1), public utility facilities e.g.
lift stations are allowed as a permitted use.
The property has a Commercial Core Land Use Plan designation.
Pursuant to Section 4.4.21(A), the proposed zoning of CF
(Community Facilities) is deemed compatible with all land use
designations shown on the Future Land Use Map.
Concurrency: Facilities which are provided by, or through.the
City shall bo provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within tho
Comprehensive Plan.
The proposed facility is tO operate mechanically, except for
routine maintenance. Therefore, the facility will not have an
impact on level of service standards.
Consistency: Compliance with the performance standards sot forth
in Section 3.3.2, along with the required findings in Section
2.4.5, shall bo the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in making of a
finding of overall consistency.
Section 3.3.2 Standards for Rezoning Actions= The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
B) Performance Standard 3.3.2(D) statos~ That the rezone shall
result in allowing land uses which are doomed compatible
with adJacon~ and nearby land uso 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 surrounding zoning (north, south east and west) is CBD.
Directly west of the site is the FEC railroad, to the south is a
parking lot, to the north is industrial land use (sign company,
contractor) and to the east is a lodge.
The master pump station is to be enclosed in a concrete block
structure which will be heavily landscaped. Since the facility
will be operated mechanically there should be little or no
adverse impact on the surrounding land uses.
P&Z Staff Report
Master Lift Statio.
Page 3
Construction on this parcel will diminish off-street parking for
the Lodge by approximately 14 spaces. To our knowledge there is
no legal tie between the Lodge and this off-site parking area.
Since Lodge activities are normally conducted in the evening
(when abundant on-street parking'is available), the rezoning (and
subsequest development) should not be detrimental to existing
land use.
Comprehensive Plan Policies: A review of objectives and policies
of the adopted Comprehensive Plan was conducted and the following
applicable policies are noted:
Capital Improvement Element~
Under the inventory section of the Capital Improvement Element,
the Master Lift Station is categorized as a Mandatory need.
Mandatory needs must be met in order to accommodate new
development based upon a level of service standard deficiency.
Policy A-1.3 The C~ty shall continue to use revenue bonds funded
by the water and sewer fund in order to provide for the
reconstruction and upgrading of critical components of the water
and sewer systems.
Public Facility Element~
Objective C-2: Upgrading of current sewer collection facilities
shall occur on an accelerated schedule and shall be funded through
a utility revenue bond.
* Under the Requirement for Capital Improvement
~mplementation, a revenue bond in the amount of $22,000,000
has been issued to meet the needs identified in the Public
Facilities Element. The master lift station conversion has
been allocated $1,500,000.
LDR Compliaace: Pursuant to Section 2.4.5 (D)(1), a
Justification statement providing the reason for which the change
is being sought must accompany all rezoning requests. The code
further identifies certain valid reasons for approving the change
being sought. These reasons include the followings
1. That the zoning had previously been changed, or was
originally established, in error;
2. That there has been a change In circumstance which
makes the current zoning inappropriate;
3. 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.
P&Z Staff Report
Master Lift Statiu..
Page 4
Pursuant to Section 2.4.5(d)(5), the City Commission is required
to make a finding that the petition will fulfill one of these
reasons:
A major criteria for the selection of the site, was that it be
located next to the 36" force main that leads to the South
Central Regional Plant. Three sites were selected which met
this criteria. Two of the sites were located in residential
areas, the third site which is located in the CBD zone district
was selected, as it would have the least impact on the
surrounding land uses.
The applicable reason is "3" above, the requested zoning is based
upon circumstances particular to the site and/or neighborhood.
Also, that the CF zoning is of similar intensity as allowed under
the Future Land Use Map.
REVIEW BY OTHERS :
Community Redevelopment Agency:
At its meeting of August 6th, the Community Redevelopment Agenc~
reviewed the petition and unanimously recommended approval for the
subject property to be rezoned from CBD (Central Business
District) to CF (Community Facilities).
Neighborhood Notice:
Formal public notice has been provided to property owners within a
500 ft. radius of the subject property.
ASSESSMENT AND CONCLUSIONS:
The master lift station is listed as a mandatory need in the
Comprehensive Plan. The construction of the facility is needed in
order to accommodate new development based upon a level of
service standard deficiency. The subject property is the most
suitable location for the facility, however, the CBD zoning is
inappropriate for the proposed use. The requested zoning of CF
(Community Facility) is more appropriate based upon circumstances
particular to the site.
ALTERNATIVE ACTIONS :
A. Continue with direction.
B. Recommend that the City Commission approve the rezoning from
CBD (Central Business District ) to CF ( Community
Facilities).
C. Recommend denial with reasons stated.
P&Z Staff Report
Master Lift Statlo..
Page 5
STAFF RECOMMENDATION :
By Motion, recommend that the City Commission approve the
rezoning from CBD (Central Business District) to CF (Community
Facilities ).
Attachment:
* Location Map
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N.E. 2ND ST.
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