Ord 50-03ORDINANCE NO. 50-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING CERTAIN PARCELS OF LAND PRESENTLY
ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT;
ALI, AS REQUIRED TO IMPLEMENT THE SOUTHWEST
NEIGHBORHOOD REDEVELOPMENT PLAN; SAID
PARCF]-$ OF LAND LOCATED SOUTH OF WEST
ATLANTIC AVENUE (AND NORTH OF NW 1s'r STREET)
BETWEEN SW 8TM AVENUE AND SW 12TM AVENUE;
EAST AND WEST SIDES OF SW 5TM AVENUE, SOUTH OF
SW 1~ STREET; AND, THE NORTHWEST CORNER OF
SW Is'r STREET AND SW 4TM AVENUE, AS MOKE
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 Southwest Neighborhood Redevelopment Plan was adopted by the City
Commission at its meeting of June 3, 2003; and
WHEREAS, a portion of the Southwest Neighborhood Redevelopment Plan requires the
assignment of appropriate Future Land Use Map designations and zonings for certain properties m
the area; and
WHEREAS, the properties hereinafter described are shown on the Zoning District Map of
the City of Dekay Beach, Florida, dated April, 2003, as being zoned RM (Medium Density
Residential) District; 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 Southwest
Neighborhood Redevelopment Area; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map o£ the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of GC (General Commercial) District for
the following described property:
Lots 14-!6, inclusive and Lots 23-25, inclusive, Block 5; and Lots 16 & 25, Block 8, Atlantic
Gardens, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in
Plat Book 14, Page 63, of the Public Records of Palm Beach County, Florida;
Together with;
Lots 11 & 20, Block 1, Belair Heights, a Subdivision in Palm Beach County, Florida as per
the Plat thereof recorded in Plat Book 20, Page 45, of the Public Records of Palm Beach
County, Florida;
Together with;
Lots 9-11, inclusive, according to the Plat of the N 1/2 of Block 22 as recorded in Plat book
10, Page 38, of the Public Records of palm Beach County, Florida;
Together with;
Lots 1-3, inclusive Block 30, Town of Delray, a Subdivision in Palm Beach County, Florida
as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach
County, Florida; and
Together with;
Lots 14-27, inclusive, Block 29, Re-Subdivision of Blocks 29 and 37, a Subdivision in p,lm
Beach County, Florida as per the plat thereof recorded in Plat Book 9, Page 66, of the Public
Records of Pahn Beach County, Florida.
Section 2. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform
with the provisions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That should any section or provision of this ordinance or any portion thereof,
2 ORD NO. 50-03
any paragraph, sentence, or word be declared by a com-t of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section S. That this ordinance shall become effective immediately upon the effective date of
Ordinance 20-03, under which official land use designation of GC (General Commercial) is affixed
to the subject parcels hereinabove described m furtherance of the Southwest Neighborhood
Redevelopment Plan.
PASSED A'gND ADOPTED in regplar
~ day of~ 200~.
AT[EST
City Clerk
session on second and final reading on this the
First Rea~g~'
Second Readin~ff~
3 ORD NO. 50-03
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ ~ - REGULAR MRRTING OF JANUARY 6. 2004
ORDINANCE NO. 50-03 (CITY INITIATED RIz.7.ONING/SOUTHWEST
AREA NEIGHBORHOOD REDEVELOPMENT PLAN)
JANUARY 2, 2004
This ordinance is before Commission for second reading and a quasijudidal heating for rezoning from
RM (Medium Density Residential) to GC (General Commercial) for the following areas pursuant to the
adopted Southwest Area Neighborhood Redevelopment Plan:
Ten (10) parcels located approximately 400 feet south of West Atlantic Avenue, north
of S.W. 1s~ Street, between S.W. 8th Avenue and S.W. 12~h Avenue (1.65 acres).
Eight (8) parcels located on the east and west Sides of S.W. 5e~ Avenue, south of S.W. 1st
Street (1.46 acres).
Fourteen (14) parcels located at the northwest comer of S.W. 1~t Street and S.W. 4~
Avenue (1.34 acres).
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 heating in conjunction with the FLUM amendment and
rezoning requests. Public testimony was provided both in support of and in opposition to the requests.
The testimony in opposition to the request primarily related to concerns over displacement of residents
as a result of redevelopment. 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 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), the adopted Southwest Area Neighborhood Redevelopment Plan, and the goals, objectives,
and policies of the Comprehensive Plan.
At the first reading on December 9, 2003, the City Commission passed Ordinance No. 50-03.
Recommend approval of Ordinance No. 50-03 on second and final reading.
S;\City Clerk\agenda memo~\Ord.50.03 01.06.04 Rezonmg S'W Area Neighborhood Redevelopment
TO:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER~ ~
JEFF COSTELLO, ASSISTANT PLAN/Iq~I~DIRECTOR
MEETING OF DECEMBER 9, 2003
CITY INITIATED REZONINGS FROM RM (MEDIUM DENSITY RESIDENTIAL) TO GC
(GENERAL COMMERCIAL) ASSOCIATED WITH THE SOUTHWEST AREA
NEIGHBORHOOD REDEVELOPMENT PLAN.
The proposed rezonings from RM (Medium Density Residential) to GC (General Commercial) are in
response to the redevelopment scenarios outlined in the Southwest Area Neighborhood Redevelopment
Plan adopted by the City Commission on June 3, 2003. The Redevelopment Plan calls for mixed
commercial, office and residential development south of the retail core along Atlantic Avenue, between SW
8th Avenue and SW 12th Avenue (Northwest Quadrant). The plan also calls for redevelopment of properties
along SW 5th Avenue, south of SW 1st Street, and the area west of SW 4th Avenue, north of SW 1st Street to
include neighborhood oriented retail and office uses, as well as a variety of housing types (Frog Alley 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 amendment from MD (Medium Density Residential 5-12
du/ac) to GC (General Commercial) for the properties 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 ~n conjunction with the
FLUM amendments and Rezonings. Public testimony was provided both in support of and in opposition to
the requests. The testimony in opposition to the request primarily related to concerns over displacement of
residents as a result of redevelopment. After reviewing the staff report and discussing the FLUM
amendment and rezoning, the Board unanimously voted 5-0 (VVoehlkens and Morris absent) to recommend
to the City Commission approval of the proposed FLUM Amendments from MD (Medium Density
Residential 5 - 12 du/ac) to GC (General Commercial) and Rezoning from RM (Medium Density
Residential) to GC (General Commercial) for the following:
· Area A: Ten (10) parcels located approximately 400' south of West Atlantic Avenue, between SW 8th
Avenue and SW 12th Avenue (1.65 acres);
· Area B: Eight (8) parcels located on the east and west sides of SW 5th Avenue, south of SW Ist
Street (1.46 acres);
· Area C: Fourteen (14) parcels located at the northwest corner of SW 4th Avenue and SW 1st Street
(1.34 acres).
By motion, approve on first reading the ordinance for the proposed rezonings from RM (Medium Density
Residential) to GC (General Commercial) 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), the adopted Southwest Area Neighborhood Redevelopment Plan 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 & Proposed Ordinance ~ ~.... '~
ORDINANCE NO. 50-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING CERTAIN PARCELS OF LAND PRESENTLY
ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT;
Al J. AS REQUIRED TO IMPLEMENT THE SOUTHWEST
NEIGHBORHOOD REDEVELOPMENT PLAN; SAID
PARCELS OF LAND LOCATED SOUTH OF WEST
ATLANTIC AVENUE (AND NORTH OF NW 1sT STREET)
BETWEEN SW 8TM AVENUE AND SW 12TM AVENUE;
EAST AND WEST SIDES OF SW 5TM AVENUE, SOUTH OF
SW 1s'r STREET; AND, THE NORTHWEST CORNER OF
SW 1sT STREET AND SW 4TM AVENUE, 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 Southwest Neighborhood Redevelopment Plan was adopted by the City
Commission at its meeting of June 3, 2003; and
WHEREAS, a portion of the Southwest Neighborhood Redevelopment Plan requires the
assignment of appropriate Future Land Use Map designations and zonings for certain properties in
the area; and
WHEREAS, the properties her(mafter described are shown on the Zoning District Map of
the City of Delray Beach, Florida, dated April, 2003, as being zoned RM (Medium Density
Residential) District; 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 heating 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 Southwest
Neighborhood Redevelopment Area; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS 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 GC (General Commercial) District for
the follow'rog described property:
Lots 14--16, inclusive and Lots 23-25, inclusive, Block 5; and Lots 16 & 25, Block 8, Atlantic
Gardens, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in
Plat Book 14, Page 63, of the Public Records of Palrn Beach County, Florida;
Together with;
Lots 11 & 20, Block 1, Belair Heights, a Subdivision in Palm Beach County, Florida as per
the Plat thereof recorded in Plat Book 20, Page 45, of the Public Records of Palm Beach
County, Florida;
Together with;
Lots 9-11, inclusive, according to the Plat of the N 1/2 of Block 22 as recorded in Plat hook
10, Page 38, of the Public Records of palm Beach County, Florida;
Together with;
Lots 1-3, inclusive Block 30, Town of Delray, a Subdivision in Palm Beach County, Florida
as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach
County, Florida; and
Together with;
Lots 14-27, inclusive, Block 29, Re-Subdivision of Blocks 29 and 37, a Subdivision in Palm
Beach County, Florida as per the plat thereof recorded in Plat Book 9, Page 66, of the Public
Records of Palm Beach County, Florida.
Section 2. That the Planning and Zoning Director of the said ~lty shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of De[ray Beach, Florida, to conform
with the provisions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That should any section or provision of this ordinance or any portion thereof,
2 ORD NO. 50-03
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 5. That this ordinance shall become effective immediately upon the effective date of
Ordinance 20-03, under which official land use designation of GC (General Commercial) is affixed
to the subject parcels hereinabove described in furtherance of the Southwest Neighborhood
Redevelopment Plan.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,200__.
ATI'NST
MAYOR
City Clerk
First Reading
Second Reading
3 ORD NO. 50-03
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT--
MEETING DATE:
AGENDA ITEM:
ITEM:
July 21, 2003
IV. A. (3.c.)
Transmittal Hearing for Comprehensive Plan Amendment 2003-2 - FLUM
Amendments and Rezonings Associated with the Southwest Neighborhood
Redevelopment Plan.
GENERAL DATA:
Owner ........................................... City Initiated
Location ........................................ South Of West Atlantic Avenue (and north of NW 1St Street), between
SW 8~ Avenue and SW 12~ Avenue; East and West sides of SW 5~
Avenue, South of SW 1st Street; and, Northwest Corner of SW 1s~ Street
and SW 4~h Avenue.
Property Size ................................. 4.45 Acre§
Future Land Use Map .................... MD (Medium Density Residential, 5-12 Units/Acre)
Proposed FLUM ............................ GC (General Commercial)
Current Zoning .............................. RM (Multiple Family Residential - Medium Density)
Proposed Zoning ........................... GC (General Commercial)
Adjacent Zoning .................. North: GC (General Commercial)
East: MD (Medium Density Residential, 5-12 Units/Acre)
South: MD (Medium Density Residential, 5-12 Units/Acre)
West: MD (Medium Density Residential, 5-12 Units/Acre)
Existing Land Use ........................ Single Family Residential, Multiple Family Residential, & Vacant
Water Service ............................... Available to all properties.
Sewer Service ............................... Available to all properties.
IV. A. 13.c.I
Planning and zoning Board St~,,, report
FLUM Amendment and Rezoning - South,/est Area Neighborhood Redevelopment Plan
Page 1
The action before the Board is that of making a recommendation to the City
Commission on proposed Future Land Use (FLUM) Amendments from MD (Medium
Density Residential 5-12 du/ac to GC (General Commercial) and Rezonings from RM
(Multiple Family Residential - Medium Density) to GC (General Commercial) associated
with the Southwest Area Neighborhood Redevelopment Plan.
The Future Land Use Map Amendments involve three areas totaling 4.45 acres (See
attached Map):
Area A: Ten (10) parcels located approximately 400' south of West Atlantic Avenue,
between SW 8~h Avenue and SW 12th Avenue (1.65 acres);
Area B: Eight (8) parcels located on the east and west sides of SW 5th Avenue,
south of SW 1$~ Street (1.46 acres).
El Area C: Fourteen (14) parcels located at the northwest corner of SW 4th Avenue
and SW lSt Street (1.34 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 Amendments or Rezoning of any property within the City.
At its meeting of June 3, 2003, the City Commission adopted the Southwest Area
Neighborhood Redevelopment Plan, which establishes a blueprint for the revitalization
and stabilization of the area. This area is ~qenerally defined as the area bounded by
West Atlantic Avenue on the north, SW 10 Street on the south, Interstate 95 on the
west, and Swinton Avenue on the east. The Plan is divided into five sub-areas based
upon current and proposed land uses. The sub-areas serve to define potential
boundaries for the phased implementation of the various plan components. Future
development in the area must be in accordance with the provisions of the
Redevelopment Plan.
The properties in question are located within the Southwest Area Neighborhood, which
overlaps the West Atlantic Avenue Redevelopment Area. Guidelines for redevelopment
of this area are contained within the recently adopted Southwest Area Neighborhood
Redevelopment Plan as well as the West Atlantic Avenue Redevelopment Plan
(adopted in 1995) and Downtown Delray Beach Master Plan (adopted in 2002). The
Southwest Area Neighborhood Redevelopment plan calls for mixed commercial, office
and residential development south of the retail core along Atlantic Avenue, between
SW 8th Avenue and SW 12th Avenue (Northwest Quadrant). The plan also calls for
significant redevelopment of properties along SW 5th Avenue, south of SW 1st Street,
and the area west of SW 4~ Avenue, north of SW 1st Street to include neighborhood
oriented retail and office uses, as well as a vadety of housing types (Frog Alley area).
Further, pursuant to the West Atlantic Avenue Redevelopment Plan .Development
Planning and zoning Board St~,.. report
FLUM Amendment and Rezoning - South~vest Area Neighborhood Redevelopment Plan
Page 2
Opportunities Section, the following is stated regarding the area at the northwest corner
of SW 4~h Avenue and SW 1st Street (Block 29):
"An opportunitj~ also exists for the future rezoning of the rear portion of the
block on SW 4lh Avenue to commercial. This small area, located between
the Police Station on the east side and the commercial area on the west
may be better suited for commercial uses."
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: The resulting use of land or structures must be allowed in
the zoning district within which the land is situated and said zoning must he
consistent with the applicable land use designation as shown on the Future Land
Use Map.
The FLUM designations and zoning classifications for the subject properties are being
amended pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan.
The proposed FLUM amendments will assign a Future Land Use Map designation of
GC (General Commemial) and the proposed rezoning to (SC (General Commercial) is
consistent with this FLUM designation. These changes will accommodate mixed-use
development with a potential for increased residential densities to a maximum of 30
units per acre subject to conditional use approval. Thus, positive findings can be made
regarding consistency of the FLUM designations and zonings.
The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive
Plan Consistency and Compliance with the Land Development Regulations are
discussed below.
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
(FLUM) must be based upon the findings listed below, and must be supported by
data and analysis that demonstrate compliance with these 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
Planning and zoning Board St~ deport
FLUM Amendment and Rezoning - Southwest Area Neighborhood Redevelopment Plan
Page 3
comprehensive plan objective or policy, annexation into the municipal
boundaries, or similar circumstances. The need must be supported by data
and analysis verifying the changing demographics 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 adopted Southwest Area Neighborhood Redevelopment Plan includes
recommendations for redevelopment of the subject properties. The proposed FLUM
amendments and associated rezonings will fulfill proposed Future Land Use
Element Policy C-1.7, which is being adopted as part of the City's comprehensive
plan Amendment 2003-2, and states the following:
Future Land Use Element Policy C-l.7 The following pertains to the Southwest
Neighborhood Redevelopment Area:
This area is generally defined as the area bounded by West Atlantic Avenue on the
north, SW 10th Street on the south, Interstate 95 on the west, and Swinton Avenue
on the east.
Many of parcels in the area contain vacant or dilapidated structures, substandard
parking and substandard landscaping. The area also contains residential areas
identified as "Rehabilitation" on the Residential Neighborhood Categorization Map
contained in the Housing Element.
The Southwest Area Neighborhood Redevelopment Plan was adopted by the City
Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the
revitalization and stabilization of the area. The Southwest Area Neighborhood
Redevelopment Plan is divided into five sub-areas based upon current and
proposed land uses. The sub-areas serve to define potential boundaries for the
phased implementation of the vadous plan components. Future development in the
area must be in accordance with the provisions of the Redevelopment Plan.
· Consistency - The requested designation is consistent with the goals,
objectives and policies of the most recently adopted Comprehensive Plan.
As stated above, the proposal will be consistent with the goals, objectives and
policies of the City's Comprehensive Plan following adoption of Comprehensive Plan
Amendment 2003 -2.
· Concurrency - Development at the highest intensity possible under the
requested designation can meet the ~dopted concurrency standards.
The proposed FLUM and Zoning changes to GC will accommodate mixed use
development as well as neighborhood oriented commercial development consistent
Planning and zoning Board St,.,, report
FLUM Amendment and Rezoning - South'west Area Neighborhood Redevelopment Plan
,Page 4
with the adopted Neighborhood Redevelopment Plan. The highest intensity possible
under the requested GC designation will be mixed use development consisting of
commercial and residential uses at a maximum density of 30 units per acre. This
scenario would allow a total of 133 units, which represents an increased residential
development potential of 80 units over that currently allowed under the existing MD
land use designation (4.45 acre X 12 u/a = 53). Pursuant to the description of the
General Commercial land use designation within the Future Land Use Element of
the City's Comprehensive Plan, a maximum floor area ratio (FAR) of 3.0 is permitted
for nonresidential uses in this area. This FAR is unlikely in this area given the land
development requirements and its location adjacent to residential properties. City
facilities such as water, sewer, and drainage have sufficient capacity to handle
development of this area at the potential development intensity allowed under the
proposed GC FLUM designation. Similarly, solid waste can be accommodated by
existing County facilities. As the majodty of the properties are located in the TCEA
(Transportation Concurrency Exception Area), traffic is not an issue. The proposed
1.46 acre commemial area along SW 5~h Avenue, extending 200' south of SW 1st
Street, is not located within the TCEA. However, the development potential for this
area is very limited, given the depth of the lots (approximately 135'). It is noted that
the amendment will facilitate the construction of new housing in the downtown area,
which will foster a development mix that is less auto dependent.
The Open Space and Recreation Element of the Comprehensive Plan indicates in
its conclusion that "The City will have sufficient recreation facilities at build-out to
meet the adopted standards". A park impact fee is collected to offset any impacts
th'at the project may have on the City's recreational facilities. Pursuant to LDR
Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to
issuance of a building permit for each unit. School concurrency will be addressed
with future proposals for residential development, however the maximum additional
80 units is not anticipated to be a concern.
Thus, positive findings can be made at this time with regard to concurrency for all
services and facilities.
Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
As previously stated, the FLUM amendments and rezonings for these properties
were anticipated with the adoption of the Southwest Areas Neighborhood
Redevelopment Plan. Also, the West Atlantic Avenue Redevelopment Plan
anticipthated rezoning of the properties at the northwest corner of SW Ist Street and
SW 4 Avenue to commercial.
The area at the northwest comer of SW 1st Street and SW 4~h Avenue abuts
commercial property to the north and west and is adjacent to the City's police
Station on the east. The property is also separated from the RM zoned property to
the south by SW Ist Street and faces a City drainage retention area.
The commercial properties which will extend 200' south of SW Ist Street have
narrow depths, thus their development potential is limited. The FLUM amendment
Planning and zoning Board St,,., report
FLUM Amendment and Rezoning - South{Nest Area Neighborhood Redevelopment Plan
Page 5
for the properties between SW 8th Avenue and SW 12~h Avenue results in
"squaring-ofF the GC zoned portion to a depth of 400' to better accommodate
redevelopment. There are development regulations currently in place to mitigate
any potential impacts with adjacent properties. Based upon the above, the
proposed FLUM and zoning designations are compatible with the existing and future
land uses of the surrounding area, and a positive finding with respect to compatibility
can be made.
Compliance - Development under the requested designation will comply with
the provisions and requirements of the Land Development Regulations.
All future development within the requested designation will comply with the
provisions and requirements of the Land Development Regulations. Compliance
with the Land Development Regulations will be further addressed with review of a
conditional use or site plan request as applicable.
REQUIRED FINDINGS (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to approval of development
applications, certain findings must be made in a form which is part of the official
record. This may be achieved through information on the application, 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.
Section 3.2.1 (Basis for Determining Consistency): The performance standards
set forth in this Article either reflect a policy from the Comprehensive Plan or a
principle of good planning practice. The performance standards set forth in the
following sections as well as compliance with items specifically listed as
required findings in appropriate portions of Section 2.4.5 shall be the basis upon
which a finding of overall consistency [Section 3.1.1(C)] is to be made. However,
exclusion from this Article shall not be a basis for not allowing consideration of
other objectives and policies found in the adopted Comprehensive Plan in the
making of a finding of overall consistency.
Section 3.2.2 (Standards for Rezoning 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:
Planning and zoning Board S~,,, report
FLUM Amendment and Rezoning * South~Nest Area Neighborhood Redevelopment Plan
Page 6
(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.
As previously stated, the FLUM designations and zoning classifications for the
subject properties are being amended pursuant to the adopted Southwest Area
Neighborhood Redevelopment Plan. As discussed under Future Land Use Element
Policy A-1.7, the proposed FLUM and zoning designations are compatible with the
existing and future land uses of the surrounding area, and a positive finding with
respect to compatibility can be made. Also, there are development regulations
currently in place to mitigate any potential impacts with adjacent properties.
Section 2.4.5(D)(5) {Rezonin.q Findin_cls):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
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 al)l)rol)riate 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 Southwest
Area Neighborhood Redevelopment Plan. In order to implement the development
scenarios identified in the Plan, rezoning of the subject properties is appropriate as
there has been a change in circumstances which make the current zoning
inappropriate. Also, the GC zoning is more appropriate given the proposed FLUM
designation.
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.
No formal land development application has been received for the subject property. Any
proposed development will need to comply with the Land Development Regulations.
Planning and zoning Board S~., report
FLUM Amendment and Rezoning - Southwest Area Neighborhood Redevelopment Plan
Page 7
Community Redevelopment Aqenc¥:
At its meeting of July 16, 2003, the Community Redevelopment Agency reviewed and
recommended approval of the FLUM amendments and rezonings to General
Commercial (GC).
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
· Atlantic Park Gardens
· Ebony of Delray
· Lincoln Park
· Delray Merchants Association
· PROD (Progressive Residents of Delray)
· Presidents Council
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of support and objection, if any, will be presented at the
Planning and Zoning Board meeting.
The FLUM designations and zoning classifications for the subject properties are being
amended pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan.
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. Therefore the proposed FLUM amendments and rezonings can
be recommended for approval based on the findings outlined in this report.
A. Continue with direction.
Recommend to the City Commission approval of FLUM Amendments and
Rezoning to the subject pamels, 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), and LDR Section 2.4.5(D)(5) (Rezoning
Findings), the adopted Southwest Area Neighborhood Redevelopment Plan and
the Goals, Objectives and Policies of the Comprehensive Plan.
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
Planning and zoning Board S,~., report
FLUM Amendment and Rezoning - Southwest Area Neighbo¢nood Redevelopment Plan
Page 8
fulfill one of the basis for which a FLUM amendment or rezoning should be
granted.
Recommend to the City Commission approval of the proposed FLUM Amendment
from MD (Medium Density Residential 5 - 12 du/ac) to GC (General Commercial)
and Rezoning from (Multiple Family Residential - Medium Density) to GC (General
Commercial) for the following:
n Area A: Ten (10) parcels located approximately 400' south of West Atlantic
Avenue, between SW 8m Avenue and SW 12th Avenue (1.65 acres);
Area B: Eight (8) parcels located on the east and west sides of SW 5th Avenue,
south of SW 1sT Street (1.46 acres);
E! Area C: FoUrteen (14) parcels located at the northwest corner of SW 4th
Avenue and SW 1st Street (1.34 acres);
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), and LDR
Section 2.4.5(D)(5) (Rezoning Findings), the adopted Southwest Area
Neighborhood Redevelopment Plan and the Goals, Objectives and Policies of the
Comprehensive Plan.
Attachments:
· Proposed Future Land Use Map Amendments
· Proposed Rezonings
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Planning & Zoning Department
MEMORANDUM
TO:
FROM:
RE:
II
RECEIVED
DEC 3
CiTY MANAGER
CityCommissione~., ~? /]..~?~.,p
Paul Dorling, Director of Planning/an? Zomng
Southwest Plan - Comprehensive Plan Amendment 2003-02
Attached is a map showing the CRA owned properties in the vicinity of the
amendments associated with the Southwest Plan. This information is provided in
response to the request from Commissioner McCarthy at the December 9, 2003
meeting.
Affach.
Z
S.!. lJTH AVE.
12TH
$.w. 11TH AVE.
S.W. 9TH AVE.
~.~. ~. IIIllll I1~
S,W. 6TH AVE. (:~ N.W.
N.W. 5TH
6TH AVE.
4TH