49-92 FAILED ON FIRST READING - 9/22/92
ORDINANCE NO. 49-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND
USE PLAN DESIGNATION IN THE COMPREHENSIVE PLAN FOR
A PORTION OF THE VETERANS PARK PARKING LOT AS THE
SAME IS MORE PARTICULARLY DESCRIBED HEREIN, FROM
"RECREATION AND OPEN SPACE" TO "COMMERCIAL CORE";
AMENDING THE LAND USE PLAN; PROVIDING FOR
EXEMPTION FROM THE TRANSMITTAL-AND-ORC PROCESS;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject
property is as follows:
The South 36 feet of the North 347 feet of the
West 25 feet of Block 132, TOWN OF LINTON,
according to the Plat thereof recorded in Plat
Book 1, Page 3, of the Public Records of Palm
Beach County, Florida.
The subject property is located along the east
side of Atlantic Plaza, north of Atlantic Avenue,
being a portion of the Veterans Park parking lot.
The above-described parcel contains a 900 square
foot parcel of land, more or less.
Section 2. That the City of Delray Beach, Florida,
elects to make this small scale amendment exempt from the
transmittal-and-ORC process by having only an adoption hearing,
pursuant to Florida Statutes Section 163.3187, as amended by SB
1882 (Committee Substitute), effective April 8, 1992.
Section 3. That the Land Use Plan designation of the
subject property in the Comprehensive Plan is hereby changed
"Commercial Core".
Section 4. That the Planning Director of the City of
Delray Beach, Florida, shall, upon the effective date of this
ordinance, change the Land Use Plan of Delray Beach, Florida, to
conform with the provisions hereof.
Section 5. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed..
Section 6. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 7. That this ordinance shall become effective
immediately upon passage on second and final reading.
FAILED ON FIRST READING - 9/22/92
FAILED ON FIRST READING - 9/22/92
PASSED AND ADOPTED on second and final reading on this
the day of , 1992.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
2 Ord. No. 49-92
FAILED ON FIRST READING - 9/22/9~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM # i~ - MEETING QF SEPTEMBER 22, 1992
ORDINANCE NO. 49-92
DATE: September 18, 1992
This is the first reading of an ordinance changing the City's Land Use
Plan Designation in the Comprehensive Plan for a portion of the
Veteran's Park parking lot from Recreation and Open Space to
Commercial Core; amending the Land Use Plan; and providing for
exemption from the Transmittal and CRC Process.
This action is necessary as result of the Commission consensus to
permit the expansion of a deck into the public parking lot adjacent to
Veteran's Park for the Jalapeno's Restaurant.
The Planning and Zoning Board will consider this item at their
September 21st meeting. A report will be made of the Board's findings
and recommendations at Tuesday evening's meeting. A detailed staff
report is attached as backup material for this item.
Recommend approval of Ordinance No. 49-92 on first reading, subject to
the findings and recommendations of the Planning and Zoning Board.
PLANNING AND ZONING BOARD MEMORANDUM
TO: MAYOR AND CITY COMMISSION MEMBERS
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
DATE: SEPTEMBER 22, 1992
SUBJECT: PLANNING AND ZONING BOARD ACTIONS ON ITEMS BEFORE THE
CITY COMMISSION ON THIS EVENING'S AGENDA
At last night's Planning and Zoning Board meeting consideration
was given to several items which are before the Board this
evening. These items and the Board's action is as follows:
Commission Aqenda Items~ Group 8~ Consent Aqenda
J. Re: Opposition to Amendment to Broward County Trafficways
Plan and Request to Palm Beach County BOCC re University
Parkway
* Per staff recommendation, 7-0 vote.
Commission Aqenda Items~ Group 9, Regular Agenda
F. Submission Requirements re Waterford SAD
* Agreement was reached. There will be no further
appeal. THIS ITEM SHOULD BE DELETED FROM THE AGENDA.
Commission Agenda Items~ Group 12~ First Readings of Ordinances:
Ordinance 47-92~ Changes to SAD District Regulations and
accommodation of a new expiration date for Marina Cay (8/95).
* Recommendation of Approval on a 4-3 vote
(Currie, Beer, Kiselewski dissenting)
To: Mayor and City Commission Members
Re: Planning and Zoning Board Actions on Items
Before the City Commission on this Evening's Agenda
September 22, 1992
Page 2
Ordinances 49-92 & 50-92: FLUM Amendment and Rezonlng on a
portion of public land (Veterans Park parking lot) to
accommodate an outside deck at Atlantic Plaza.
* Recommendation of DENIAL on a 5-2 vote (Felner and
Currie dissenting)
Ordinance 46-92: Rezoning from PC to CG, Linton International
Plaza
* Recommended APPROVAL on a 6-1 vote, (Kellerman
dissenting)
Ordinance 45-92: Rezoning from RM to R-i-AA, Ocean Cay Plat
* Recommended APPROVAL on a 7-0 vote.
Ordinance 48-92: Text (LDR) Amendment re POC Supplemental
District Regulations
* Recommended APPROVAL on a 7-0 vote.
DJK/cm
C:
City Manager
City Clerk
DJK/T:CCINFORM.DOC
September 22,1992
509 Eldorado Lane
Delray, FL 33444
City Commissioners:
I have three children, we are regulars at Veterans Park.
I spoke last night at the Planning and Zoning board about
my opposition to the expansionn of Jalapen'os.
Children need no more exposure to alcohol in their lives.
"Happy Hour" starts daily at Jalapen'os at 4:30pm! The park
closes at dusk. We will be there at the same time using
the same parking lot.
This deck would further congest a parking lot that edges
the "TOT" play area. The exact measurement from the deck
to the entrance to the "TOT" playground is 45 feet!
Young children tend to run, darting children for a sober
driver are difficult to see. It would be an accident waiting
to happen after a customer had a couple of "Kick-Ass" Margaritas.
If you look at the Landscape Map, you will see that it will
be virtually impossible to see the Intercoastal Waterway
from the deck.
The After School Program buses pull up to let out as many
as 30 children into the park. The noise level would be
unbearable for the customer sitting on the deck. Music
would have to be pumped up or the Mariachis Band brought
outside to combat the noise.
The customer will be listening to either the squeals of
children at play or the loud music. They will be looking
into a parking lot filled with school buses, vans or station
wagons. I just hope the out-of_towner doesn't think that this
is beautiful downtown Delray!
Finally, if for no other reason, vote against the rezoning
because public lands should never be used for the economic
gain of a few individuals.
Sincerely' t
Katherine Anderson
TO: Hembers of the Planning & Zoninq I~oard
FROM: Concerned Citizens of Delray Beach
RE: Expansion of Jalapen'o~ East Dec',<
'We the undersigned are opposed to the ~';<l~,~nsi~m
east deck at Atldnt[c I']aza, hnving [~nn~l
the following reusons.
1. The possibility of a drunk driving accident becomes
a probability with the increased business the deck will create.
2. When the sidewalk is blocked by the deck, everyone,
including our children and elderly will have to be re-routed
through the parking lot.
3. The unenclosed deck will exacerbate the existing
problem of loud music originating in the establishment.
4. The use of public park lands f~r individuals'
private gain is intolerable.
' 5. The expansion would bring the deck, where alcohol
is being served, much closer to the Veterans Park TOT Playoroun.;.
TO: Members of the Planning & 2oninq Board
FROM: Concerned Citizens of Delsey Beach
RE: Expansion of Jalapen'os E~st D,~ck
We the undersig~led ace opposed LO
Lhe following reasons.
i. The possibility of a drunk driving accident becomes
a probability with the increased business the deck will cre~t ~.
2. When the sidewalk is blocked by the deck, everyone,
including our children and elderly will have to be re-routed
through the parking lot.
3. The unenclosed deck will exacerbate the existing
problem of loud music originating in ~he establishment.
4. The use of public parr lands for individuals'
private gain is intolerable.
5. The expansion would bring the deck, %here alcohol
is being served, much closer to the Veterans Fark 7eT Play~rounu~
TO: Members of the Planning & ;~oninf~ Roa~d
FROM: Concerned Citizens of Delray Beach
RE: ~xpansion of Jalapen'os East Deck
We the u~dersigned are opposed to thc c:,l~,~n~i~ll of Ja!dpen':J~
east deck at Atlantic £'laza, hav~aq f~und ~ t un~cccptable f~c
the following ceasons.
l. The po.~zbi]it¥ of ,i d~f~l~k d~'i~ i~,l .l<'cidcnt bccomc:~
2. When the sidewalk is blocked by the deck, everyone,
including our children and elderly will have to be re-routed
through the parking lot.
3. The unenclosed deck will exacerbate the existing
problem of loud music originating i~ 'the establishment.
4. The use of public park lands For' i~]dividuals'
private gain is intolerable.
5. The expansion would brinq thc deck, ...'here alcohol
is being served, much closer to %he Veterans Pack 7eT Play~'
TO: Nembers oE the ~Lr,:.mz:t=, , =r:t;: i ...,' J
FROM: Conceraed CLt~zens of
RE: Expansion of JaZapen'os ~ust Deck
We the undersigned are opposea to tl~e e:,:Ddn~ion el' Jalapen'us
east deck at Atlantic Pldz&,
the £ollowing reasons.
2. When bhe s~dewal~ ~s blocked by Lhe decK, eve['yono,
including our children and e~c:e~Ly will have to be ~e-~outed
through the parking
3. The unenclosed deck will exace[-bate the oxisting
problem of loud music originating in the establishment.
~. The use of public pa~ lands fo[' individuals'
private gain is illtoleFable.
5. Tile expausion %,ould Lr~ng thc dc~:k, %here alcohol
is being served, much close[- :o the Veterans Dark TOT
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DAVID J. KOVACS, DIRECTOR
FROM: PAuL DORLING, ~LANNER II
SUBJECT: MEETING OF SEPTEMBER 22, 1992
APPROVAL ON FIRST READING OF AN ORDINANCE FOR A LAND
USE AMENDMENT FROM "RECREATION AND OPEN SPACE" TO
"COMMERCIAL CORE" FOR A PORTION OF VETERANS PARK
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance changing the land
use designation from "Recreation and Open Space" to
"Commercial Core" for a portion of the Veterans Park
parking lot.
The project involves a 25'x 36' section of the Veterans
Park parking lot located along the east side of Atlantic
Plaza north of Atlantic Avenue.
BACKGROUND:
At their meeting of August 11, 1992 the City Commission and the
owner of Atlantic Plaza discussed the possible expansion of a
deck for Jalapeno's Restaurant into the public parking lot
adjacent to Veterans Park. Three alternatives were discussed
including a licence agreement, sale of four parking spaces and
an exchange of parking lots.
A consensus was reached by City Commission that it would be more
appropriate to provide a license agreement. However, prior to
proceeding with the licensing agreement the existing land use
and zoning designations must be changed to allow the proposed
use. The City Commission initiated the Land Use amendment and
rezoning at their meeting of September 8, 1992.
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation on
a City initiated Land Use Plan Amendment from "Recreation and
Open Space" to "Commercial Core" and a City initiated concurrent
rezoning from CF (Community Facility) to CBD (Central Business
District).
The subject property is a 25' x 36' portion of the Veterans Park
parking lot located easu of Atlantic Plaza between Atlantic
Avenue and N.W. 1st Street.
BACKGROUND:
At its meeting of August 11, 1992 the City Commission and the
owner of Atlantic Plaza discussed the possible expansion of a
deck for Jalapeno's Restaurant into the public parking lot
adjacent to Veterans Park. Three alternatives were discussed
including:
1. License Agreement - Payment of approximately $1,000.00 a
year for the license and a swap of parking spaces -
Veterans Park spaces for spaces within Atlantic Plaza.
2. Sale of four parking spaces - The purchase of four parking
spaces within Veterans Park and the provision of four
spaces within Atlantic Plaza, thereby alleviating the
City's potential landowner liabilities.
3. Exchange of parking lots - Exchange of the new parking lot
which was recently developed at the northeast corner of
N.W. 1st Street and N.W. 7th Avenue (54 spaces) for the 51
spaces on the west row in Veterans Park. The exchange of
the parking lots would result in an increase in spaces
permanently dedicated to general public parking.
A consensus was reached by City Commission that it would be more
appropriate to proceed with a straight license agreement.
However, prior to proceeding with the licensing agreement the
existing land use and zoning designations must be changed to
allow the proposed use. The City Commission initiated the Land
Use amendment and rezoning at its meeting of September 8, 1992.
These items are now before the Board.
PROJECT DESCRIPTION:
The site proposed for the Land Use and Rezoning action is a 25'
x 36' piece of the existing Veterans public parking area. The
site is immediately east of the existing Jalapeno's Restaurant
within Atlantic Plaza. The parcel contains a 5' sidewalk along
with four existing parking spaces. The owner of the Atlantic
P&Z Staff Report
Land Use Amendment & Rezoning of a Portion of
the Veterans Park Parking Lot
Page 2
Plaza and the City Commission would be entering into a license
agreement for the use of City owned land.
COMPREHENSIVE PLAN ANALYSIS:
This Land Use Plan Amendment from "Recreation and Open Space" to
"Commercial Core" is being processed as a Small Scale
Amendment pursuant to Florida Statutes 163.3187 as amended by
Senate Bill 1882, effective April 8, 1992. This statute allows
any local government land use amendment which is related to a
proposed small scale development activity to be approved without
regard to statutory limits on the frequency of amendments (twice
a year), subject to the following conditions:
* The amendment does not exceed either 10 acres of
non-residential land or 10 acres of residential land with a
density of 10 units per acre or less;
* The cumulative effect of the amendments processed under
this section shall not exceed 60 acres annually;
* The proposed amendment does not involve the same property
more than once a year; and
* The proposed amendment does not involve the same owner's
property within 200' of property granted a change within a
period of 12 months.
This parcel is approximately 900 sq. ft. or .02 of an acre and is
the second small scale development processed this year (for a
cumulative total of .52). This property has not previously been
considered for a Land Use Amendment within the last year nor has
the same property owner been granted a land use change within
200' or within the last year.
Further, the Senate Bi 11 1822 amendment al lows the local
governments to choose to make small-scale amendments exempt from
the transmittal and ORC (Objections, Recommendations, Comments)
process by having only an adoption hearing. Until the rule
making for this new provision is completed, the election of this
process must be specified within the adopting ordinance.
Land Use Analysis:
The current City Land Use Designation for the site is
"Recreation and Open Space". The proposed City Land Use
Designation for the parcel is "Commercial Core".
P&Z Staff Report
Land Use Amendment & Rezoning of a Portion of
the Veterans Park Parking Lot
Page 3
The surrounding Land Use Map designations to the north, south
and east are "Recreation and Open Space" and to the west is
"Commercial Core". The existing Land Uses are Veterans Park
parking lot to the north, south and east and Atlantic shopping
Plaza to the west.
The following Comprehensive Plan policies and objectives apply
to this application:
Open Space and Recreation Element:
Policy A-1.1: The City finds that the adopted level of
service for all recreational facilities will be exceeded,
even when considering additional population growth within
the City's Planning Area, through programmed improvements.
This proposal will result in the elimination of four
parking spaces rather than elimination of actual
recreation/open space. This will not effect the
adjacent level of service for recreational facilities.
Objective B-l: The retention of open space areas is vital
to meeting one of the overall themes of the Comprehensive
Plan -- that of Delray Beach being a "City set apart in
South Florida". Part of the imagery of open space is that
of vistas and streetscapes. The maintenance of vistas and
enhancement of the streetscapes are objectives which shall
be accomplished through Policies B-1.1 through B-1.4.
Part of the public benefit expressed by the owner of
Atlantic Plaza is that the deck will allow patrons a
greater vista of the Intracoastal Waterway thereby
creating better utilization of the existing open space
of Veterans Park.
Future Land Use Element:
Objective C-4:
The Central Business District (CBD) represents the essence
of what is Delray Beach i.e. a "village like, community by
the sea". The continued revitalization of the CBD is
essential to achieving the overall theme of the City's
Comprehensive Plan of "A City Set Apart In South Florida".
The following policies and activities shall be pursued in
the achievement of this objective:
Policy C-4.1: The Central Business District (CBD) Zoning
District regulations shall facilitate and encourage
rehabilitation and revitalization and shall, at a minimum,
address the following:
P&Z Staff Report
Land Use Amendment & Rezoning of a Portion of
the Veterans Park Parking Lot
Page 4
* deletion of inappropriate uses
* incentives for locating retail on the ground floor
with office and residential use on upper floors
* accommodating parking needs through innovative actions
* incentives for dinner theaters, playhouses, and other
family oriented activities
* allowinq and facilitating outdoor cafes
* incentives for mixed use development and
rehabilitations
* elimination of side yard setback requirements
* allow structural overhang encroachments into required
yard areas
The creation of the outdoor deck with a view of the
Intracoastal Waterway may encourage people to come
downtown in the evenings, creating greater utilization
of Veterans Park and the downtown area and thereby
furthering Objective C-4.
ZONING ANALYSIS:
The current City designation for the parcel is CF (Community
Facility). The proposed City zoning designation is CBD (Central
Business District). The surrounding zoning designations are CF
(Community Facility) to the north, south and east and CBD
(Central Business District) to the west.
R E Q U I R E D F I N D I N G S: (CHAPTER 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must be
made in a form which is part of the official record. This may
be achieved through information on the application, the Staff
Report or Minutes. Findings shall be made by the body which has
the authority to approve or deny the development application.
These findings relate to the following four areas:
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The proposed land use designation for the property is
"Commercial Core". The CBD Central Business zoning district is
consistent with the "Commercial Core" Land Use designation.
Restaurants are allowed as a Permitted Use in the CBD (Central
Business District) zoning district.
Concurrency~ Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
P&Z Staff Report
Land Use Amendment & Rezoning of a Portion of
the Veterans Park Parking Lot
Page 5
Water:
Potable water service exists to Atlantic Plaza from a 6" main
along N.E. 1st Street. Fire suppression is provided from
hydrants on mains along N.E. 1st Street, N.E. 7th Avenue and
Atlantic Avenue.
Sewer:
Sewer service exists to the Atlantic Plaza from N.E. 1st Street
and a main from Veterans Park. The deck expansion is proposed
over a sewer service lateral which serves shops within Atlantic
Plaza. As this is a private service line relocation is not
mandatory. A public sewer main and force main traverse the
Atlantic Plaza site immediately north of the proposed deck
expansion. However, no conflicts with the public main are
noted.
Drainage:
The drainage for Atlantic Plaza is accommodated through
exfiltration trenches and swale areas. It is anticipated the
minimum drainage from the deck will be accommodated in the
landscape areas around the perimeter of the deck.
Parks and Open Space:
Park dedication requirements apply for new residential
development. This property is commercial and therefore the
requirements do not apply.
Solid Waste:
The impact of the proposed restaurant expansion on the waste
facility which is to accommodate all growth in the County is
relatively insignificant.
Compliance with Land Development Regulations:
Upon approval of the Land Use amendment and rezoning action a
site plan for the deck improvements will be required. This site
plan must comply with the City's Land Development regulations.
It is appropriate at this time to bring the following LDR
requirements to the attention of the applicant.
* Pursuant to Section 4.6.16(H)(3)(j) the end of each parking
row must terminate with a landscape island of at least 6'
in width. As this deck will encroach in the mid section of
an existing parking row, terminal landscape islands will be
required on each side of the deck expansion. Provision of
these islands may either reduce the deck width to a maximum
of 24' or further reduce the area available for parking.
P&Z Staff Report
Land Use Amendment & Rezoning of a Portion of
the Veterans Park Parking Lot
Page 6
* Pursuant to Section 4.6.16(H)(3)(d) foundation plantings
are to be provided between any building and adjacent
rights-of-way. While technically the Veterans parking area
is not a right-of-way it is vehicular use area which should
be treated similarly. The provision of foundation planting
may reduce the length of the proposed deck.
* Parking requirements for the deck will need to be met
on-site, within Atlantic Plaza. An excess of parking is
available within this plaza.
Consistency:
Compliance with the performance standards set forth in Section
3.3.2 (Zoning), along with the required findings in Section
2.4.5, 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 making of a
finding of overall consistency. The applicable performance
standards of Section 3.3.2 which apply are as follows:
A) Performance Standard 3.3.2(A) states that a rezoning to
other than CF within stable residential areas shall be
denied.
The proposed rezoning is not located within an area
identified as a stable neighborhood and therefore the
performance standard is not applicable.
B) Performance Standard 3.3.2(D) states: That the rezone
shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing
and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse
impacts from the new use.
The proposed zoning of CBD is compatible with the
commercial uses to the west. While incompatibility
arguments can be made to the encroachment of the
commercial uses into public park lands the improvement
could be considered compatible with the City's efforts
to revitalize Veterans Park by encouraging more use of
the park as well as the entire downtown.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make a
finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the
following:
a. That the zoning had previously been changed, or was
originally established, in error;
P&Z Staff Report
Land Use Amendment & Rezoning of a Portion of
the Veterans Park Parking Lot
Page 7
b. That there has been a change in circumstances which
make the current zoning inappropriate;
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
The applicable reason is "c" pursuant to the following:
The requested zoning of CBD is of similar intensity as allowed
under the proposed Future Land Use Designation of "Commercial
Core". If a "Commercial Core" land use designation is affixed
to the property a zoning designation of CBD (Central Business
District) is more appropriate than the current CF (Community
Facility) designation. Further, given the expressed desire of
the City to encourage greater activity and exposure to the
downtown area the CBD zoning designation is more appropriate in
promotion of these goals.
REVIEW BY OTHERS:
The development request is in a geographic area requiring review
by the DDA (Downtown Development Authority), and the CRA
(Community Redevelopment Agency).
Community Redevelopment Aqency:
The Community Redevelopment Agency considered the request at
their meeting of September 3, 1992 and forwarded a
recommendation of approval.
Downtown Development Authority:
The Downtown Development Authority was originally scheduled to
hear the request at their meeting of September 7, 1992. As this
meeting was canceled due to the holiday the item has been
rescheduled for their September 21, 1992 meeting. A verbal
report on their recommendation will be provided at your meeting.
Special Neighborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. In addition a courtesy
notice has been sent to several interested parties from
surrounding homeowners and homeowners associations.
P&Z Staff Report
Land Use Amendment & Rezoning of a Portion of
the Veterans Park Parking Lot
Page 8
ASSESSMENT AND CONCLUSIONS:
The objections to the land use and rezoning changes may center
around the use of public lands for private commercial gain.
However, the property will be retained in public ownership and
be subject to a licence agreement. This licence agreement
will address such things as; disposition of the physical
improvements if Jalepeno's Restaurant should cease operation.
The proposal's actual impact is that of elimination of four
public parking spaces. An additional concern is the possibility
that outdoor noise may affect the residents of nearby
apartments. While the noise level should not normally exceed
that of outdoor activities in the park, it may be appropriate to
address the potential for noise in the license agreement. The
direct benefits of this proposal would be the encouragement of
evening utilization of Veterans Park, thereby increasing
exposure of the downtown area.
A L T E R N A T I V E S:
A. Continue with direction.
B. Recommend denial of the Land Use Amendment from Open Space
and Recreation to "Commercial Core" and rezoning from
"Community Facilities" to "Central Business District" with
reasons stated.
C. Recommend approval of the Land Use Amendment from "Open
Space and Recreation" to "Commercial Core" and rezoning
from "Community Facilities" to "Central Business District"
based upon positive findings with respect to Chapter 3
(performance standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and
Section 2.4.5(E)(5).
STAFF RECOMMENDATION:
Recommend approval of the Land Use Amendment from "Open Space
and Recreation" to "Commercial Core" and rezoning from
"Community Facilities" to "Central Business District" based upon
positive findings with respect to Chapter 3 (performance
standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and Section 2.4.5(E)(5) subject to the
following condition:
P&Z Staff Report
Land Use Amendment & Rezoning of a Portion of
the Veterans Park Parking Lot
Page 9
Execution of a license agreement which at a minimum
addresses:
* Disposition of physical improvements if Jalapeno's
Restaurant should cease operation;
* Measures to limit the potential for noise.
Attachment:
* Location Sketch
Report prepared by: Paul Dorlinq, Planner II
Reviewed by DJK on: '?~\~,~__
PD/REZDECK.DOC
September 22, 1992
To~ The Mayor and ~embers of the City Commission
From, Carolyn Patton/Parents for the Park
I applaud last night's responsible, ~e~pons.ive action
of the Planning and Zoning Board in voting 5 to 2 to deny
Jalapeno's request to build a deck in the parking lot
at Veterans Park.
As many speakers--including Chairman Krall--noted, the deck
is a very poor idea principally because of its close
proximity to the small children's TOT LOT in the new Veterans
Park plan. Parents all over this town have asked and lobbied
over the past 18 months for a safe, fenced area for small
children in Veterans Park. The proposed deck, where
alcoholic beverages would be served, is barely 50 feet
from the tot lot. And the older children's playground is
· '~ ~urther away.
Not only is the atmosphere a wrong one for children (see
attached ad), the deck would exacerbate the narrow, pull-out
parking situation directly behind the children's area. As
Chairman Krall said, children tend to dart out. And with
this mess of a parking situation, the dreadful
possibility of a driver ~ot seeing a child is reason enough
to deny the request.
Indeed, even the owner of Jalapeno's said he would withdraw
the request if the public does not want the deck. They don't!
Not one member of the public spoke in favor of it, and,
in fact, the following list of speakers were against it,
all citing excellent reasons:
1) Kathy Anderson, mother of three
2)Carolyn Patton/Parents for the Park
3) Sandra Almy/Beach Property Owners Association
4)Veterans
5) ~arine Way/Palm Square Homeowners
6) Residents of First Street
7) Residents of Condominiums acrss the waterway
Please join the public and the Planning and Zoning Board
in denying the request.
cc, Mark L. Krall. Chairman, Planning and Zoning Board
RECEIVED
CITY CLERK
September 22,1992
509 Eldorado Lane
Delray, FL 33444
City Commissioners:
I have three children, we are regulars at Veterans Park.
I spoke last night at the Planning and Zoning board about
my opposition to the expansionn of Jalapen'os.
Children need no more exposure to alcohol in their lives.
"Happy Hour" starts daily at Jalapen'os at 4:30pm! The park
closes at dusk. We will be there at the same time using
the same parking lot.
This deck would further congest a parking lot that edges
the "TOT" play area. The exact measurement from the deck
to the entrance to the "TOT" playground is 45 fe~t!
Young children tend to run, darting children for a sober
driver are difficult to see. It would be an accident waiting
to happen after a customer had a couple of "Kick-Ass" Margaritas.
If you look at the Landscape Map, you will see that it will
be virtually impossible to see the Intercoastal Waterway
from the deck.
The After School Program buses pull up to let out as many
as 30 children into the park. The noise level would be
unbearable for the customer sitting on the deck. Music
would have to be pumped up or the Mariachis Band brought
outside to combat the noise.
The customer will be listening to either the squeals of
children at play or the loud music. They will be looking
into a parking lot filled with school buses, vans or station
wagons. I just hope the out-of_towner doesn't think that this
is beautiful downtown Delray!
Finally, if for no other reason, vote against the rezoning
because public lands should never be used for the economic
gain of a few individuals.
Sincerely, ~
Katherine Anderson
Atlantic Ocean
TO: Members of the Planning & Zoning Board
FROM: Concerned Citizens of Delray Beach
RE: Expansion of Jalapen'o: East Deck
'~e the undersigned are opposed to the ~Xl),~lr:ion o,'- ,Jatapen'os,
east deck at At]u~bic l']aza, havin~l
tl~e following reasons.
1. The possibility of a drunh driving accident becomes
a probability with the increased business the deck will create.
2. When the sidewalk is blocked by the deck, everyone,
including our children and elderly will have to be re-routed
through the parking lot.
3. The unenclosed deck will exacerbate the existing
problem of loud music originating in tile establishment.
4. The use of public park lands f()r individuals'
private gain is intolerable.
5. The expansion would bring the deck, where alcohol
is being served, much closer to the Veterans Park TOT Playground.
TO: Members of the Planning & Zoning Board
FROM: Concerned Citizens of Delray Beach
RE: Expansion of Jalapen'os East Dock
We the undersigned are opposed to fha ~:xpansion of Jal. apon'os
east deck at Atlantic Plaza, having [~(1 il, unaccepbablc~ [,~r
~he following reasons.
1. The possibility of a drunk driving accident becomes
a probability with the increased business the deck will create.
2. When the sidewalk is blocked by the deck, everyone,
including our children and elderly w~ll have to be re-routed
through the parking lot.
3. The unenclosed deck will exacerbate the existing
problem of loud music originating in the establishment.
4. The use of public park lands for individuals'
private gain is intolerable.
5. The expansion would bring the deck, where alcohol
is being served, much closer to the Veterans Park TOT Playground.
TO: Members of the Planning & Zoning Board
FROM: Concerned Citizens of Delray Beach
RE: Expansion of Jalapen'os East Dec]<
lqe the undersigl~ed are opposed Lo the e:<l)ansJ.(;n of Ja]apen'os
east deck at Atlantic Plaza, having £ou~ld it unacceptable for
the following reasons.
1. The possibility of ii d~:unk drivi,l~t n~;cident becomes
~, probability wil. l~ the incre,~sed buxJ~lp::: I.l~e deck
2. When the sidewalk is blocked by the deck, everyone,
including our children and elderly will have to be re-routed
through the parking lot.
3. The unenclosed deck will exacerbate the existing
problem of loud music originating in the establishment.
4. The use of public park lands Fo~- individuals'
private gain is intolerable.
5. The expansion would bring the deck, where alcohol
is being served, much closer to the Veterans Park TOT Playground.
TO: Members of the Planning & Zoni~g Board
FROM: Concerned Citizens of Delray Beach
RE: Expansion of Jalapen'os East Deck
We the undersigned are opposed to tho ~Xl~,~nsi. on o[ Jalapen'os
east deck at Atlantic Plaza, having [ou~d it unacceptable fo[-
the following reasons.
1. The possibility of .~ drunk (l~-iving accident becomes
a probability with the increased busi~iess tile deck will create.
2. When the sidewalk is blocked b}.' the deck, everyone,
including our children and elderly will have to be re-routed
through the parking lot.
3. The unenclosed deck will exace[bate the existing
problem of loud music originating ill tho establishment.
4. The use of public park lands for individuals'
private gain is intolerable.
5. The expansion would bring the deck, where alcohol
is being served, much closer to the Veterans Park TOT Playground.
TO: Members otl the Plannin6 & %oninq Ik)ard
FROM: Concerned Citizens of Deli'hr I,~.,~'~
RE: Expansion of Jalapen'os East Deck
We the undersigned are opposec to the expansion of Jalapen'os
east deck at Atlantic Plaza, hav]ncl
the following reasons.
t. 'l'l~e p():;sJ, bilJty ~)f ,I drulll< ~lrivi~j
probability with tho Jncre,~sed i)u:~i~,~;:; I, tt~_' deck
2. When the sidewalk is blocked by the deck, everyone,
including our children and elderly wi] ]. have to be re-routed
through the parking lot.
3. The unenclosed dec]< will exacerbate the existing
problem of loud music originating in the establishment.
4. The use of public park lands for individuals'
private gain is intolerable.
5. The expansion t~ould bring the dock, ~'here alcohol
is being served, much closer to the Veterans Park TOT ?layground.
MEMORANDUM
TO: M~YOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ ~ - MEETING OF SE~EMBER ~, ~992
INITIATION OF AN AMENDMENT TO THE FUTURE LAND USE MAP
DATE: September 4, 1992
This item is before you to authorize staff to initiate an amendment to
the Future Land Use Map from Recreation and Open Space to Commercial
Core and to initiate a rezoning petition from CF (Community
Facilities) to CBD (Central Business District) for a 25 foot by 36
foot section of the Veteran's Park parking lot along the east side of
Atlantic Plaza, north of Atlantic Avenue.
Discussions have been held between the owner of Atlantic Plaza and the
City Commission with respect to expansion of Jalapeno's Restaurant
deck into the Veteran's Park parking lot. From these discussions a
consensus to proceed with a license agreement has been reached.
However, prior to proceeding with the licensing agreement the existing
land use and zoning designations must be changed to allow the proposed
USe.
An amendment to Senate Bill 1822 allows local governments to choose to
make small-scale amendments exempt from the transmittal and CRC
(Objections, Recommendations, Comments) process by having only an
adopting 'hearing.
As this is an initiation action, Planning and Zoning Board review has
not been accomplished. The Planning and Zoning Board is scheduled to
review this item at their September 21st regular meeting. A detailed
staff report is attached as backup material for this item.
Recommend authorization to initiate an amendment to the Future Land
Use Map and rezoning petition to accommodate a dining deck at
Veteran's Park.
CITY COMMISSION DOCUMENTAT I ON
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DA~flD J. KOVACS, DIRECTOR
D~~ENT OF PLANNING AND ZONING
FROM: PAUL DORLING, P~NER II
SUBJECT: MEETING OF SEPTEMBER 8, 1992
INITIATION OF A LAND USE AMENDMENT FROM "RECREATION
AND OPEN SPACE" TO "COMMERCIAL CORE" AND AN ASSOCIATED
REZONING FROM "CF" TO "CBD" FOR A PORTION OF VETERANS
PARK.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
initiation of a land use amendment from "Recreation and
Open Space" to "Commercial Core" and an associated rezoning
from "CF" (Community Facility) to "CBD" (Central Business
District).
The project involves a 25'x 36' section of the Veterans
Park parking lot located along the east side of Atlantic
Plaza north of Atlantic Avenue.
BACKGROUND:
Discussions have been held between the owner of Atlantic Plaza
and the City Commission with respect to expansion of Jalapen'os
Restaurant deck into the Veterans Park parking lot. From these
discussions a consensus to proceed with a license agreement has
been reached. However, prior to proceeding with the licensing
agreement ..... the existing land use and zoning designations
must be changed to allow the proposed use. Initiation of these
actions are before you at this time.
LAND USE PLAN AMENDMENT PROCESS:
This Land Use Plan Amendment it being processed as a Small Scale
Development pursuant to Florida Statutes 163.3187 as amended by
Senate Bill 1882, effective April 8, 1992. This statute allows
any local government land use amendment which is related to a
proposed small scale development activity to be approved without
regard to statutory limits on the frequency of amendments (twice
a year), subject to the following conditions:
City Commission Documentation
Initiation of a Land Use Amendment from "Recreation" & "Open
Space" to "Commercial Core" & an Associated Rezoning from "CF"
to "CBD" for a Portion of Veterans Park
Page 2
* The amendment does not exceed either 10 acres of
non-residential land or 10 acres of residential land with a
density of 10 units per acre or less;
* The cumulative effect of the amendments processed under
this section shall not exceed 60 acres annually;
* The proposed amendment does not involve the same property
more than once a year; and
* The proposed amendment does not involve the same owner's
property within 200' of property granted a change within a
period of 12 months.
This parcel is approximately 900 sq.ft, or .02 of an acre and is
the second small scale development processed this year (for an
accumulative total of .52). This property has not previously
been considered for a Land use Amendment nor has the same
property owner been granted a land use change within 200' or
within the last year.
Further, the Senate Bill 1822 amendment allows the local
governments to choose to make small-scale amendments exempt from
the transmittal and ORC (Objections, Recommendations, Comments)
process by having only an adoption hearing. Until the rule
making for this new provision is completed, the election of this
process must be specified within the adopting ordinance.
PLANNING AND ZONING BOARD CONSIDERATION:
As this is an initiation actio~ the Planning and Zoning Board
has not yet considered the proposals. The Planning and Zoning
Board is scheduled to reviewed this item at its regular meeting
of September 21, 1992.
RECOMMENDED ACTION:
By motion, initiate the Land Use Amendment from "Recreation and
Open Space" to "Commercial Core" and the associated rezoning
from "CF" to "CBD".
Attachment:
* Location Map
PD/DECK.DOC
N.E. lST COURT
N.E. 1 ST STREET
VETERANS
, PARK
ATLANTIC
PLAZA
ATLANTIC AVENUE
F'UTUR[ LAND USE MAP AMENDMENT
AND REZONING FOR A PORTION
OF VETERANS PARK