Ord 49-03ORDINANCE NO. 49-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING CERTAIN
PARCELS OF LAND, AS MORE PARTICULARLY DESCRIBED
HEREIN, FROM R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT
TO LI (LIGHT INDUSTRIAL) DISTRICT; AND, FROM I
(INDUSTRIAL) DISTRICT TO MIC (MIXED INDUSTRIAL AND
COMMERCIAL) DISTRICT; ALL REQUIRED TO IMPLEMENT THE
WALT.ACE DRIVE REDEVELOPMENT PLAN; SAID PARCELS OF
LAND LOCATED ON THE SOUTH SIDE OF SW 10TM STREET,
BETWEEN W_AI.I.ACE DRIVE AND SW 9TM AVENUE; AND, WEST
OF LIME LANE, BETWEEN GEORGIA STREET AND POINSETI~IA
DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF D~.IRakY BEACH, FLORIDA,
APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the Wallace Drive Redevelopment Pan will be presented for adoption to the City
Commission at its meeting of January 6, 2004; and
WHEREAS, a portion of the Wallace Drive Redevelopment Plan requires the assignment of
appropriate Future Land Use Map designations and zonings for certain properties in the area; and
WHEREAS, at its meeting of July 21, 2003, the Planning and Zoning Board for the City of
Del~ay Beach, as Local Planning Agency, considered this item at a public heaving and voted 5 to 0 to
recommend that the properties hereinafter described be rezoned, based upon positive findings; and
WHEREAS, the City Commission, acting in its legislative capadty desires to initiate the
rezonings as set forth herein for numerous lots under various ownerships within the Wallace Drive
Redevelopment Area; and
WHEREAS, it is appropriate that the Zoning Disu:ict Map of the City of Delray Beach,
Florida, dated April, 2003, 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 LI (Light Industrial) District from R-1-A
(Single Family Residential) District for the following described properties:
Lots 9-16, inclusive, Esquire Subdivision, a Subdivision in Palm Beach County, Florida as per the
Plat thereof recorded in Plat Book 23, Page 43, of the Public Records of Palm Beach County,
Florida;
Together with;
Lot 8, Block D (less South 158 feet), Sunny Acres, a Subdivision in Palm Beach County, Florida
as per the Plat thereof recorded in Plat Book 21, Page 63, of the Public Records of Palm Beach
County, Florida;
Together with;
Subdivision of Section 20, Township 46 South, Range 43 East, East 1/2 of West 1/2 of Lot 30,
lying East of Wallace Drive (less South 183 feet), of map showing Subdivisions of portions of
Townships 45 and 46, South, Range 43 East, according to the Plat thereof recorded in Plat Book
1, Page 4, of the Public Records of Palm Beach County, Florida.
Section 2. 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 MIC (Mixed Industrial and Commercial) District
from I (Industrial) District for the following described properties:
Lots 3 & 4, Block C, Sunny Acres, a Subdivision in Palm Beach County, Florida as per the Plat
thereof recorded in Plat Book 21, Page 63, of the Public Records of Palm Beach County,
Florida.
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date
of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the
provisions of Sections 1 and 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof oilier than the
part declared to be invalid.
Section 6. That this ordinance shall become effective mediately upon the effective date of
Ordinance 20-03, under which official land use designations of I (Industrial) and CMR (Commerce)
are affixed to the subject parcels hereinabove described in furtherance of the Wallace Drive
Redevelopment Plan.
2 ORD NO. 49-03
P/~tSSED AND ADOPTED in regular session on second and final reading on this the __
day of~ ,200~.
ATI'I~ST
City Clerk
First Readin~t~l~
Second Readin~
3 ORD NO. 49-03
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~Cb ~ - REGULAR MEETING OF JANUARY 6, 2004
ORDINANCE NO. 49-03 (CITY INITIATED REZONING/WALLA(3E
DRIVE REDEVELOPMENT AREA)
JANUARY 2, 2004
This ordinance is before Commission for second reading and a quadjuch~ial heating for rezoning from
R-1-A (Single Family Residential) to LI (Light Industrial) for parcels of land located on the east side of
Wallace Drive, south of S.W. 10'h Street; and, rezoning from I (Industrial) to MIC (Mixed Industrial
and Commercial) for two parcels of land located 100 feet east of Tangelo Terrace, between Poinsettia
Drive and Georgia Street in conjunction with the Wallace Drive Redevelopment Plan. The Wallace
Drive Industrial Areas is designated as Redevelopment Area #2. The proposed rezonings are
required to implement the Redevelopment Plan for the area.
At its meeting of August 5, 2003, the City Commission approved transmittal to the Florida
Department of Community Affairs (DCA) of the associated Future Land Use Map (FLUM)
amendments for the property in conjunction with Comprehensive Plan Amendment 2003-2. The
associated FLUM amendments are before the Commission for second reading and adoption.
The Planning and Zoning Board held a public hearing in conjunction with the FLUM amendment
and rezoning requests. Several property owners in the area spoke in favor of the requests. One
property owner expressed a concern that the development standards for the proposed Light Industrial
zoning district would be too stringent on the smaller lots within the redevelopment area. The Board
unanimously voted 5-0 to recommend that the FLUM amendment and the rezoning requests be
approved, based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), Land Development Regulations Section 3.1.1
(Required Findings), Land Development Regulations Section 3.2.2 (Standards for Rezoning Actions),
Land Development Regulations Section 2.4.5(D)(5) (Rezoning Findings), and the goals, objectives,
and policies of the Comprehensive Plan.
At the first reading on December 9, 2003, the City Commission passed Ordinance No. 49-03.
Recommend approval of Ordinance No. 49-03 on second and final reading.
S:\City Clerk\agenda memo,\Ord.49.03 01.06.04 Rezoning Wallace Drive Redevelopment
TO:
THRU:
FROM:
SUBJECT:
TANAGER
PLANNING DIRECTOR
"% ANNER
MEETING OF DECEMBER 9, 2003
CITY INITIATED REZONINGS FOR THE WALLACE DRIVE REDEVELOPMENT AREA
FROM I (INDUSTRIAL) TO MIC (MIXED INDUSTRIAL & COMMERCIAL) AND FROM R-1-A
(SINGLE FAMILY RESIDENTIAL) TO LI (LIGHT INDUSTRIAL.
The Wallace Drive Industrial Area is designated as Redevelopment Area #2. It is bordered by SW 10th Street
on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. Two-
thirds of the area is located west of Wallace Drive, which bisects the area, running diagonally from northeast to
southwest. The proposed rezonings are required to implement the Redevelopment Plan for the area.
At its meeting of August 5, 2003, the City Commission approved transmittal to the Florida Department of
Community Affairs (DCA) of the associated FLUM amendments for the property in conjunction with
Comprehensive Plan Amendment 2003-2. The associated FLUM amendments are scheduled for second
reading at the January 6th City Commission meeting. If approved on first reading, the second reading of the
rezoning ordinance will occur at the same meeting as the adoption of the Comprehensive Plan amendment.
Additional background and analysis of the request are found in the attached Planning and Zoning Board Staff
Report.
At its meeting of July 21, 2003, the Planning and Zoning Board held a public hearing in conjunction with the
FLUM amendment and Rezoning requests. Several property owners in the area spoke in favor of the requests.
One property owner expressed a concern that the development standards for the proposed Light Industrial
zoning district would be too stringent on the smaller lots within the redevelopment area. Staff explained that an
overlay district would be created to amend the development standards, and that this would take place
concurrently with final reading of the Future Land Use Map amendment and rezoning ordinances. After
reviewing the staff report and discussing the proposal, the Board unanimously voted 5-0 (Woehlkens and
Morris absent) to recommend that the FLUM Amendment and Rezoning requests be approved, based on
positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning
Actions, LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the
Comprehensive Plan.
By motion, approve on first reading the ordinance for the proposed rezonings, associated with the Wallace
Drive Redevelopment Plan, from I (Industrial) to MIC (Mixed Industrial and Commercial) and from R-1-A
(Single Family Residential) to LI (Light Industrial), based on positive findings with respect to LDR Section 3.1.1
(Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5)
(Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan, and set a public
hearing date of January 6, 2004.
Attachments:
P & Z Staff Report of July 21,2003 & Ordinance
ORDINANCE NO. 49-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING CERTAIN
PARCELS OF LAND, AS MORE PARTICULARLY DESCRIBED
HEREIN, FROM R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT
TO LI (LIGHT INDUSTRIAL) DISTRICT; AND, FROM I
(INDUSTRIAL) DISTRICT TO MIC (MIXED INDUSTRIAL AND
COMMERCIAL) DISTRICT; ALL REQUIRED TO IMPLEMENT THE
WALLACE DRIVE REDEVELOPMENT PLAN; SAID PARCELS OF
LAND LOCATED ON THE SOUTH SIDE OF SW l0TM STREET,
BETWEEN WALLACE DRIVE AND SW 9TM AVENUE; AND, WEST
OF LIME LANE, BETWEEN GEORGIA STREET AND POINSETTIA
DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL
2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the Wallace Drive Redevelopment Pan will be presented for adoption to the
City Commission at its meeting of January 6, 2004; and
WHEREAS, a portion of the Wallace Drive Redevelopment Plan requires the assignment of
appropriate Future Land Use Map designations and zonings for certain properties in the area; and
WHEREAS, at its meeting of July 21, 2003, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0
to recommend that the properties hereinafter described be rezoned, based upon positive findings;
and
WHEREAS, the City Commission, acting in its legislative capacity desires to initiate the
rezonings as set forth herein for numerous lots under various ownerships within the Wallace Drive
Redevelopment Area; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, dated April, 2003, 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 I. 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 LI (Light Industrial) District from
R-1-A (Single Family Residential) District for the following described properties:
Lots 9-16, inclusive, Esquire Subdivision, a Subdivision in Palm Beach County, Florida as per
the Plat thereof recorded in Plat Book 23, Page 43, of the Public Records of Palm Beach
County, Florida;
Together with;
Lot 8, Block D (less South 158 feet), Sunny Acres, a Subdivision in Palm Beach County,
Florida as per the Plat thereof recorded in Plat Book 21, Page 63, of the Public Records of
Palm Beach County, Florida;
Together with;
Subdivision of Section 20, Township 46 South, Range 43 East, East 1/2 of West 1/2 of Lot
30, lying East of Wallace Drive (less South 183 feet), of map showing Subdivisions of
portions of Townships 45 and 46, South, Range 43 East, according to the Plat thereof
recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida.
Section 2. 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 MIC (Mixed Industrial and
Commercial) District from I (Industrial) District for the following described properties:
Lots 3 & 4, Block C, Sunny Acres, a Subdivision in Palm Beach County, Florida as per the
Plat thereof recorded in Plat Book 21, Page 63, of the Public Records of Palm Beach
County, Florida.
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Sections 1 and 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
2 ORD NO.
Section 6. That this ordinance shall become effective immediately upon the effective date of
Ordinance 20-03, under which official land use designations of I (Industrial) and CMR
(Commerce) are affixed to the subject parcels hereinabove described in furtherance of the Wallace
Drive Redevelopment Plan.
PASSED AND ADOPTED in regular session on second and final reading on this the __
day of ,200__.
ATTEST M A Y O R
City Clerk
First Reading
Second Reading.
3 ORD NO.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT--
MEETING DATE:
AGENDA ITEM:
ITEM:
July 21, 2003
IV. A. (3.b.)
Transmittal Hearing for Comprehensive Plan Amendment 2003-2 - FLUM
Amendments and Rezonings Associated with the Wallace Drive
Redevelopment Plan (Redevelopment Area #2).
GENERAL DATA:
Applicant ........................................ City Initiated
Location ........................................ Located south of Southwest 10th Street, north of Milfred Street, east of
Tangelo Terrace, & west of Southwest 8th Avenue.
Property Size ................................. 34.3 Acres (without right-of-ways)
Futura Land Use Map .................... RDA - 2 (Redevelopment Area #2)
Proposed FLUM ............................ IND (Industrial), MIC (Mixed Industrial & Commemial), & CF - C
(Community Facilities - Churches)
Current Zoning .............................. R-1-A (Single Family Residential), CF (Community Facilities), MIC
(Mixed Industrial & Commercial) and I (Industrial)
Proposed Zoning ...........................
Adjacent Zoning .................. North:
East:
South:
West:
Existing Land Use .........................
MIC (Mixed Industrial & Commercial), LI (Light Industrial), I (Industrial),
and CF (Community Facilities)
R-I-A (Single Family Residential) & OSR (Open Space & Recreation)
CF (Community Facilities) and RM (Multiple Family Residential -
Medium Density)
AC (Automotive Commercial)
I (Industrial)
Commercial, Industrial, Residential, & Undeveloped
Water Service ............................... Available to all properties.
Sewer Service ............................... Available to all properties.
IV. A. 13.b.I
The action before the Board is that of making a recommendation to the City
Commission on City initiated Future Land Use Map amendments, and rezonings
associated with the Wallace Drive Industrial Area Redevelopment Plan (See attached
Maps and Legal Descriptions in Appendix A).
The Future Land Use Map Amendments involve the entire Redevelopment Area,
totaling approximately 34.3 acres, not including read rights-of-way. There are three
proposed FLUM designations for the area. They are as follows:
n Area A:
FLUM amendment from RDA-2 (Redevelopment Area #2) to CMR
(Commerce) - includes all but two of the parcels within the redevelopment
area and contains approximately 29.6 acres.
El Area B:
FLUM amendment from RDA-2 (Redevelopment Area #2) to IND
(Industrial) - 1 parcel located at the northeast corner of Georgia Street
and Tangelo Terrace, containing approximately 0.7 acres.
Area C:
FLUM amendment from RDA-2 (Redevelopment Area #2) to CF-C
(Community Facilities-Churches) - I parcel located between SW 8th and
SW 9th Avenues, south of SVV 10th Street, containing approximately 4
acres.
The proposed rezonings within the Redevelopment Area are as follows:
El Area D:
Rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial) - 2
parcels (by ownership), located approximately 100 feet east of Tangelo
Terrace, between Poinsettia Drive and Georgia Street, containing
approximately 0.7 acres.
El Area E:
Rezoning from R-1-A (Single Family Residential) to LI (Light Industrial) -
36 parcels (by ownership), located east of Wallace Drive, containing
approximately 8.5 acres.
Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and
Zoning Board shall review and make a recommendation to the City Commission with
respect to FLUM and Rezoning Amendments for any property within the City.
The Future Land Use Element of the City's Comprehensive Plan identifies several older
areas of the City that, due to substandard infrastructure, obsolete or inappropriate uses
of land, vacant and dilapidated structures, and other similarly blighting conditions, are in
need of special attention in the form of a "Redevelopment Plan."
The purpose of a Redevelopment Plan is to identify the specific deficiencies and assets
of a designated area, evaluate existing and potential uses, and identify specific
measures for arresting decline, facilitating new development, and enhancing the quality
P & Z Board Staff Report
FLUM Amendment & Rezoni%., ~or Redevelopment Area #2
Page 2
of life for residents of the area. These areas are depicted on the Future Land Use Map
as Redevelopment Areas #1 through #6. The "Redevelopment Area" designation acts
as a holding zone for each site, until an appropriate Future Land Use Map designation
can be assigned that is consistent with an adopted Redevelopment Plan.
The Wallace Drive Industrial Area is designated as Redevelopment Area #2. It is
bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue
on the east; and Tangelo Terrace on the west. Two-thirds of the area is located west of
Wallace Drive, which bisects the area, running diagonally from northeast to southwest.
The area was annexed into the City via the Enclave Act (Enclave #31A), on June 28,
1988. Under County jurisdiction, the area had evolved into a mix of incompatible land
uses with limited public infrastructure and little or no code enforcement. As a result,
most of the area had deteriorated to a point where private investment had virtually
stopped. The following language, excerpted from Future Land Use Element Policy C-2.3
in the City's Comprehensive Plan, gives a description of the program for this area:
Policy C-2.3: The following pertains to the Wallace Drive Industrial Area:
This area shall be primarily industrial (LI Zoning) with an emphasis on
commerce uses (PCC, MIC zone districts). The City, through its water and
sewer capital improvement program, shall install water and sewer mains
throughout the area. Unimproved and underimproved rights-of-way shall
be abandoned when it facilitates the aggregation of parcels and larger
scale development provided that the right-of-way is not essential for traffic
flow purposes. Support uses for the existing automobile dealership uses
are encouraged. All commercial uses shall be allowed with the exception
of "strip-type" development along Wallace Drive which is not desired
because of traffic conflicts along this collector street.
Since annexation and adoption of the Comprehensive Plan, there has been
considerable public investment to prepare the area for redevelopment, including the
installation of water and sewer mains throughout the area as well as street
improvements along Poinsettia Drive and Georgia Street in 1992 and the extension of
SW 10th Avenue and associated retention areas in the mid 1990s. In the late 1990s,
private monies funded the construction of Milfred Street in conjunction with a
development proposal associated with the Ford dealership. Most recently, private
development resulted in the construction of a portion of Lime Lane and Royal Palm
Drive. Within the past five years, there has been a surge of private investment in the
area resulting in the construction of several industrial projects including 10th Street
Commerce Center, Tropic Supply, ABA Custom Cabinets and Profiles in Concrete.
In February, 2003, a privately initiated proposal was submitted to rezone 1.4 acres
within Redevelopment Area #2 from R-1-A (Single Family Residential) to MIC (Mixed
Industrial & Commercial). Policy C-2.1 of the Future Land Use Element states that if a
private development proposal is received for a Redevelopment Area, one of two options
may be pursued: preparation of the Redevelopment Plan may be accelerated and the
development proposal delayed until the plan is adopted, or the development proposal
can be evaluated on its own merits with the existing Comprehensive Plan policies
guiding the disposition of the request. Since the proposed zoning would have impacted
P & Z Board Staff Report
FLUM Amendment & Rezoni%v ior Redevelopment Area #2
Page 3
the overall area, it was decided to complete the Redevelopment Plan prior to taking
action on the proposal. Based upon the above, preparation of the Redevelopment Plan
was accelerated and is being processed as part of the City's annual Comprehensive
Plan Amendment 2003-2.
The intent of the Plan is to make the Wallace Ddve area a unique place that will
encourage the development of light industrial, commemial and office uses in an urban
setting. It is hoped that it will also serve as a catalyst to increase property values and
broaden the City's employment base in the industrial, manufacturing and trade sectors.
Implementation of the Plan, requires the City to initiate changes to the Future Land Use
Map to eliminate the RDA-2 (Redevelopment Area # 2) designation, and to assign new
Future Land Use Map and corresponding Zoning designations. The recommended
designations are discussed below.
This Future Land Use Map Amendment is being processed pursuant to the twice a year
statutory limits for consideration of plan amendments (F.S. 163.3187).
Land Use Analysis:
Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use
Map), all land uses and resulting structures must be allowed in the zoning district
within which the land is situated and, said zoning must be consistent with the
land use designation as shown on the Future Land Use Map.
The underlying Future Land Use Map designation for the subject property is
Redevelopment Area #2 and the proposed designations are CMR (Commerce), IND
(Industrial) and CF-C (Community Facilities - Churches). The redevelopment plan
identifies the development scenarios and criteria for development to occur within the
area. The proposed zoning designations of MIC (Mixed Industrial & Commercial), I
(Industrial), LI (Light Industrial) and CF (Community Facilities) will be consistent with the
proposed Future Land Use Map designations.
Based upon the above, a positive finding with respect to Future Land Use Map
consistency can be made.
REQUIRED FINDINGS:
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
must be based upon the following findings:
[] Demonstrated Need -- That there is a need for the requested land use. The
need must be based upon circumstances such as shifts in demographic
trends, changes in the availability of land, changes in the existing character
and FLUM designations of the surrounding area, fulfillment of a
comprehensive plan objective or policy, or similar circumstances. The need
must be supported by data and analysis verifying the changing demographics
P & Z Board Staff Report
FLUM Amendment & Rezonin~,~ for Redevelopment Area #2
Page 4
or other circumstances. This requirement shall not apply to requests for the
FLUM designations of Conservation or Recreation and Open Space; nor shall
it apply to FLUM changes associated with annexations when the City's
advisory FLUM designation is being applied or when the requested
designation is of a similar intensity to the advisory designation. However, the
findings described in the remainder of this policy must be addressed with all
FLUM amendments.
The basis for the FLUM change is that the existing FLUM designation of RDA#2 is
no longer appropriate, given that a Redevelopment Plan for the area has been
prepared. The data and analysis supporting the new FLUM designations and
demonstrated need are contained within the plan.
r'] Consistency -- The requested designation is consistent with the goals,
objectives, and policies of the most recently adopted Comprehensive Plan.
Redevelopment Areas, as identified on the City's Future Land Use Map, are
described within the Future Land Use Element. The Redevelopment Area
designation acts as a holding zone, until an appropriate Future Land Use Map
designation can be assigned that is consistent with an adopted Redevelopment
Plan. The plan, prepared for Redevelopment Area #2, recommends that underlying
Future Land Use designations of CMR (Commeme), IND (Industrial) and CF-C
(Community Facilities-Chumhes) be applied to the area.
As part of Comprehensive Plan Amendment 2003-2, changes are also being made
to Future Land Use Element Policy C-2.3 to acknowledge the adoption of the Plan,
and to require that all future development be in compliance with the adopted plan.
The proposed FLUM designations will be consistent with the goals, objectives and
policies of the Comprehensive Plan once the Redevelopment Plan and the
associated amendments to the Comprehensive Plan are adopted.
Concurrency -- Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
In comparing the existing Future Land Use Map designation of RDA-2 and the
proposed Future Land Use Map designations with respect to concurrency, the
following is noted - Currently, development within the area can proceed without the
implementation of a redevelopment plan on its own merits with the existing zoning
and policies of the Comprehensive Plan guiding the disposition of the request
(Future Land Use Element, Policy C-2.1). Approximately three-fourths of the
redevelopment area will retain its existing MIC zoning designation, so the potential
development intensity on that portion of the redevelopment area is unaffected by the
proposed FLUM designations. The potential development intensity on the remaining
8.5 acres, currently zoned R-1-A (Single Family Residential), will increase when it is
rezoned to LI (Light Industrial). A discussion of the impacts associated with
development of this area at this higher intensity is given below:
P & Z Board Staff Report
FLUM Amendment & Rezonin~_ ior Redevelopment Area #2
Page 5
Water & Sewer:
· Water service is available via service lateral connections to existing 10" water
mains along Wallace Drive, SW 10~ Street and SW 9th Avenue.
· Sewer service is available via service lateral connections to existing 8' and 10'
mains along Wallace Ddve, SW 10th Street and SW 9th Avenue.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's
Water Treatment Plant and the South Central County Waste Water Treatment Plant
for the City at build-out. Based upon the above, positive findings can be made with
respect to this level of service standard.
Drainage:
There are two storm water detention areas located in the north half of this area, on
either side of SW 10th Avenue. Drainage is reviewed during the site plan application
process for individual projects. For the type of development anticipated in this area,
drainage is usually accommodated on site via exfiltration trench systems. There are
no problems anticipated with obtaining South Florida Water Management District
permits within the area.
Traffic:
The maximum developable area is 7.8 acres (8.5 acres less the SW 10~h Avenue
extension). It should also be noted that although this area includes the City's storm
water detention areas, redevelopment of that property is unlikely. The maximum
development potential in the R-1-A zoning district is 39 units (5 units/ac). This
assumes development of single family lots within the LD FLUM designation. The
traffic that would be generated by this intensity of development is 390 ADT (39 units
x 10 trips/unit).
Since the zoning districts allowed within the CMR (Commerce) FLUM designation
allow a maximum of 50% building lot coverage, the maximum building area that
could be constructed on the 7.8 acres would be 169,884 square feet. This building
area would generate a total of 1,184 ADT (169,884 x 6.97/1000) if the property were
developed in general industrial uses typical of those uses allowed within any of the
zoning districts under the Commeme FLUM designation. Although these zoning
districts allow a limited retail component (25% of total floor area within the MIC
zoning district and 10% within the LI zoning district), the retail is usually very
specialized and involves items associated with the primary industrial use. Thus, the
traffic associated with a retail component would be minimal.
All new non-residential development or redevelopment must meet traffic
concurrency and comply with the Palm Beach County Traffic Performance
Standards ordinance. A traffic study is required during the Site Plan Review process
to determine if there is adequate capacity on the surrounding roadway network to
accommodate new trips generated by a new development or change of use. Impact
P & Z Board Staff Report
FLUM Amendment & Rezonin~ ,or Redevelopment Area #2
Page 6
fees are assessed for each new trip generated and are collected prior to issuance of
a building permit.
Wallace Drive and SW 10th Avenue provide a connection between SW 10th Street
and Linton Boulevard. Linton Boulevard is the most heavily traveled roadway within
the general area and is classified as a Minor County Arterial. Since the Linton
Boulevard link between Wallace Drive and Interstate 95 is currently operating at
LOS "E", new developments which have a significant impact on this link cannot be
constructed. However, since the trip generation rate for industrial development is
very Iow, this is not expected to seriously impact new development within the
redevelopment area.
Parks and Recreation:
Non-residential uses do not create a demand for Park & Recreation services
therefore, the impact on these facilities will decrease as the property is converted to
non-residential uses.
Solid Waste:
The development of single family development at the maximum intensity (5 units per
acre) is 39 units. The trash generated by single family home is 1.99 tons of solid
waste per year. Therefore the maximum impact for development of the 7.8 acre area
would be 77.6 tons per year (39 x 1.99 tons/year). Redevelopment of the area for
industrial uses at the maximum building area potential of 169,884 square feet is 399
tons per year (169,884 sq. ftx 4.7 lbs/sq, ft. x 1 ton/2000 lbs). Since this solid waste
can be accommodated by existing landfill facilities, a positive finding with respect to
this level of service standard can be made.
Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
A mixture of commercial, industrial and residential uses surrounds the Wallace Drive
Redevelopment Area. The area south of the redevelopment area contains the
Maroone Ford auto dealership and a 1.96 acre parcel containing a light industrial
th
building is located to the southeast, between Wallace Drive and SW 10 Avenue.
Single-family residential development and the City's cemetery are located to the
north, across SW 10th Street. The area to the west contains industrial land uses. The
area immediately to the east contains multiple-family residential, single-family
residential and vacant land. The single-family development is separated from the
proposed light industrial development within the redevelopment area by the Calvary
Bible Missionary Baptist Chumh and the multiple-family is located on the east side of
SW 10th Avenue, south of SW 11 th Street. Thus, the light industrial development will
be separated from the residential properties by existing streets. Also, there are
regulations in place to mitigate any potential impacts on adjacent properties.
Compliance -- Development under the requested designation will comply with
the provisions and requirements of the Land Development Regulations.
P & Z Board Staff Report
FLUM Amendment & Rezoninf~ ,or Redevelopment Area #2
Page 7
All future development within the requested designations will comply with the
provisions and requirements of the Land Development Regulations. A detailed
discussion of Compliance with the Land Development Regulations is included in
the "Zoning Analysis" section of this report.
REQUIRED FINDINGS:
LDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use
applications, certain findings must be made in a form which is part of the official
record. This may be achieved through information on the application, written
materials submitted by the applicant, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment Analysis" section of
this report. Compliance with the Land Development Regulations with respect to
Standards for Rezoning Actions and Rezoning Findings are discussed below.
CONSISTENCY: Compliance with the performance standards set forth in Section
3.2.2 (Standards for Rezoning Actions) along with 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 3.2.2 (Standards for Rezonin;I Actions): Standards A, B, C and E are not
applicable with respect to the rezoning requests. The applicable performance
standard of Section 3.2.2 is as follows:
(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.
A description of each of the areas to be rezoned is as follows:
Area D: Rezoning of 2 parcels from I (Industrial) to MIC (Mixed Industrial &
Commercial)
These two pamels are located approximately 100 feet east of Tangelo Terrace,
between Poinsettia Drive and Georgia Street. They both contain detached single
family homes, which are a nonconforming use in the Industrial zoning district and
P & Z Board Staff Report
FLUM Amendment & Rezonin~_ .or Redevelopment Area #2
Page 8
they are surrounded by industrial uses. They cannot be redeveloped to more
compatible use within the Industrial zoning district, because they do not meet the
minimum 20,000 square feet lot size requirement. Since the lots are adjacent to MIC
zoning on the east, which does not have a minimum lot size requirement, they are
being rezoned to MIC. With this change, the lots will be able to be redeveloped,
thereby becoming more compatible with adjacent development.
There are no compatibility concerns with the rezoning of these properties which are
surrounded by heavy industrial uses.
· Area E: Rezoning of 36 parcels from R-1-A (Single Family Residential) to LI (Light
Industrial)
These parcels contain two City storm water detention areas and undeveloped
property. The surrounding development includes: a church (located within the
redevelopment area and currently zoned CF); multiple family residential to the east;
a convenience store and single family to the west (located within the redevelopment
area and currently zoned MIC); the City cemetery to the north and light industrial to
the south. The rezoning to LI (Light Industrial) will allow uses compatible with those
allowed on the adjacent industrially zoned properties. As previously stated, the
adjacent residential developments are separated from the properties in question by
existing streets, including SW 10th Avenue and SW 10th Street, which are City
Collector roadways. The Light Industrial zoning district has stricter development
standards than the MIC and I zoning districts and limits the types of uses. There are
also regulations in place to mitigate adverse impacts on adjacent properties.
Section 2.4.5(D}(5) (Rezonin.q Findings):
Pursuant to Section 2.4.$(D)(5) (Findings), in addition to provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
That the zoning had previously been changed, or was originally
established, in error;
That there has been a change in circumstances which make the current
zoning inappropriate;
That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property based
upon circumstances particular to the site and/or neighborhood.
The appropriate reasons for the proposed rezonings are "b" and "c":, based on the
following:
The proposed rezonings are required to implement the provisions of the Wallace Drive
Redevelopment Plan. Given the small size of the properties at Tangelo Terrace, the
current I (Industrial) zoning district is inappropriate and MIC (Mixed Industrial &
P & Z Board Staff Report
FLUM Amendment & Rezoni%_ for Redevelopment Area #2
Page 9
Commemial) is mom appropriate, based on cimumstances particular to the sites. Given
the location of the Single Family Residential zoned properties and the prevailing
development pattern in the area, the proposed LI (light Industrial) zoning is mom
appropriate than R-1-A.
The adoption of the plan establishes the City's finding that the proposed zonings am
mom appropriate than the existing,
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on a land development
application/request.
Three-fourths of the land ama within the Redevelopment Ama will retain its existing
industrial zoning designations, so the current action will not have an impact on those
properties' ability to comply with the Land Development Regulations. No development
proposals are currently under review for any property within the redevelopment ama.
Any proposed development will be subject to the provisions of the new zoning districts.
Since the proposed rezonings will affect the land development regulations and
applicable development standards for the subject properties, it is also appropriate to
discuss the impact of the rezonings on existing development.
a. I to MIC. As stated earlier, the two pamels contain detached single family
homes, which am a nonconforming use in the Industrial zoning district. They cannot be
redeveloped to a mom compatible use within the Industrial zoning district, because they
do not meet the minimum 20,000 square feet lot size requirement. The proposed MIC
district will allow the lots will be redeveloped.
b. R-1-A to LI. This area contains a mix of single-family homes and storm water
detention areas and undeveloped property.
The existing single family residences will become nonconforming uses. Although the
Redevelopment Plan encourages the aggregation of parcels, accommodations will be
necessary to allow development on smaller parcels where aggregation is not possible.
The Redevelopment Plan recommends the creation of an oveday ama within the LI
(Light Industrial) zoning district which amends the development standards for the LI
District to reduce the minimum development ama, lot size, lot dimensions and tenant
space requirements. The overlay will also include provisions to increase the front
setback for properties fronting on Wallace Drive. The modified development standards
will be similar to those in the adjacent MIC zoning district. The text amendment will be
processed following adoption of the Redevelopment Plan and will be scheduled to be
adopted concurrently with the FLUM Amendments and Rezonings, now under review.
With this amendment, them should be no problems complying with the Land
Development Regulations.
P & Z Board Staff Report
FLUM Amendment & Rezonir.=.'for Redevelopment Area #2
Page 10
The subject property is not within a geographical area requiring review by the
Community Redevelopment Agency, Downtown Development Authority or the Historic
Preservation Board.
Courtesy Notices:
Courtesy notices have been provided to the following homeowner's associations, which
have requested notice of developments in their areas:
· President's Council
· Progressive Residents of Delray (PROD)
· Osceola Park HOA
· Seacrest HOA
· Lake Ida HOA
· Harbourside HOA
· Rio Delray Shores HOA
· Gateway HOA
· West Side Heights HOA
· Southridge HOA
· Woods of Southridge HOA
· DelrayBeach Heights HOA
· Ebony of Delray HOA
· Atlantic Park Garden HOA
· Lincoln Park HOA
· Delray Memhants Association
Letters of objection and support, if any, will be presented at the Planning and Zoning
Board meeting.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of objection and support, if any, will be presented at the
Planning and Zoning Board meeting.
The existing RDA-2 (Redevelopment Area #2) FLUM designation was applied to the
subject properties to act as a holding zone until a redevelopment plan for the area could
be prepared. The Redevelopment Plan has been completed and is currently being
processed through a comprehensive plan amendment. In order to be consistent with the
Redevelopment Plan, the existing FLUM designation is being changed to CMR
(Commerce), IND (Industrial) and CF-C (Community Facilities - Churches). These
designations are consistent with the proposed zoning designations of MIC (Mixed
Industrial & Commercial), I (Industrial), LI (Light Industrial) and CF (Community
Facilities). Positive findings can be made with respect to Future Land Use Element
Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section
3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR
Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the
Comprehensive Plan.
A. Continue with direction.
P & Z Board Staff Report
FLUM Amendment & Rezonin~,~ for Redevelopment Area ~2
Page 11
Recommend to the City Commission approval of FLUM Amendments and
rezonings of the subject parcels, based on positive findings with respect to
Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section
3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning
Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan.
Co
Recommend denial of the FLUM Amendments and Rezonings based on a failure
to make positive findings and that the FLUM amendments and rezonings fail to
fulfill one of the basis for which a FLUM Amendment or rezoning should be
granted,
1. Recommend to the City Commission approval of the proposed FLUM
Amendments from RDA-2 (Redevelopment Area #2) to:
· CMR (Commerce) for the parcels within "Area A" identified in Appendix A;
· IND (Industrial) for the parcels within "Area B" identified in Appendix A;
· CF-C (Community Facilities-Churches) for the parcel within "Area C" identified
in Appendix A;
based on positive findings with respect to Future Land Use Element Policy A -1.7
of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1
(Required Findings), and the Goals, Objectives, and Policies of the
Comprehensive Plan; and,
2. Recommend to the City Commission approval of the following rezoning requests:
· I (Industrial) to MIC (Mixed Industrial and Commercial) for the parcels in "Area
D" identified in Appendix A; and
· R-1-A (Single Family Residential) to LI (Light Industrial) for the parcels in
"Area E" identified in Appendix A;
based on positive findings with respect to LDR Section 3.1.1 (Required Findings),
LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section
2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the
Comprehensive Plan.
Attachments:
Future Land Use Map
Zoning Map
,~ppendix A - Legal Descriptions
prepared by: Ron Ho,q.qard, Senior Planner
FLUM AREA A:
LOTS 1-16, INCLUSIVE, ESQUIRE SUBDIVISION, A SUBDIVISION IN PALM BEACH
COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE
43, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
LOTS 1-3, INCLUSIVE AND LOTS 6-11, INCLUSIVE, PLATT'S ACRES, A SUBDIVISION IN
PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT
BOOK 21, PAGE 47, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
LOTS 7 & 8, BLOCK A; ALL OF BLOCK B; LOTS 3-8, INCLUSIVE, BLOCK C; AND ALL OF
BLOCK D (LESS S. 158 FT. OF LOT 8), SUNNY ACRES, A SUBDIVISION IN PALM BEACH
COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE
63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 100 FT OF W 1/4 OF
LOT 29 (LESS S 200 FT), OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF
TOWNSHIPS 45 AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
TOGETHER WITH;
SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 1/2 OF W 1/2 OF LOT 30
(LESS S 183 FT), OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45
AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
ALL OF THE PLAT OF LANDSCAPE TECHNIQUES, A SUBDIVISION IN PALM BEACH
COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 75, PAGE
41, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
TRACT A, TENTH STREET COMMERCE PARK, A SUBDIVISION IN PALM BEACH COUNTY,
FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 88, PAGE 121, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
FLUM AREA B:
LOTS I & 2, BLK C, SUNNY ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA
AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
P & Z Board Staff Report
FLUM Amendment & Rezoni%., for Redevelopment Area #2
Page 13
FLUM AREA C:
SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 1/4 OF LOT 29, OF MAP
SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46, SOUTH, RANGE 43
EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
REZONING - AREA D:
LOTS 3 & 4, BLOCK C, SUNNY ACRES, A SUBDIVISION IN PALM BEACH COUNTY,
FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 63, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
REZONING - AREA E:
LOTS 9-16, INCLUSIVE, ESQUIRE SUBDIVISION, A SUBDIVISION IN PALM BEACH
COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE
43, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
LOT 8, BLOCK D (LESS S. 158 FT), SUNNY ACRES, A SUBDIVISION IN PALM BEACH
COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE
63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
TOGETHER WITH;
SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 1/2 OF W 1/2 OF LOT 30,
LYG EAST OF WALLACE DRIVE (LESS S 183 FT), OF MAP SHOWING SUBDIVISIONS OF
PORTIONS OF TOWNSHIPS 45 AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
\\carolina\departments\planning & zoning\boards\p&z board\flum & rezoning-redevelopment~r2.doc
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