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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 MILFRED S~REET MAROONE OU TBA CIRCUIT CITY INTON GC DELRA Y REACH MEMORIAL GARDENS OS STREET MD THE FUTURE LAND USE MAP AMENDMENT CHANGES WITHIN REDEVELOPMENT AREA NO. 2 RDA-2 OVERALL BOUNDARIES AREA TO BE AMENDED AS 'INDUSTRIAL (I)' AREA TO BE AMENDED AS "COMMUNITY FACILITIES- CHURCH (CF-C)' AREA TO SE AMENDED AS 'COMMERCE (CMR)' SoW. 10TH IPARK TEN 3RD ADD. POINSETTIA DRIVE GEORGIA S~EET LI AC MAROONE FORD MAROONE NISSAN LINTON OU TBA CK CIRCUIT CITY MAROONE DODGE ROSS OSR DELRAY BEACH MEMORIAL GARDENS CF RM THE GROVES BESSIE BT. SOUTHRIDGE ~LLAGE CONDO BOULEVARD PLAZA LAVER'S REZONING CHANGES WITHIN REDEVELOPMENT AREA NO. 2 RDA-2 OVERALL BOUNDARIES AREA CHANGING FROM (R*I-A) SINGLE FAMILY RESIDENTIAL TO (LI) LIGHT INDUSTRIAL AREA CHANGING FROM (I) I NOUSI~RIAL TO (MIC) MIXED INDUSTRIAL & COMMERCIAL S C~C~k