61-92 WITHDRAWN BY APPLICANT AT FIRST READING - 11/17/92
ORDINANCE NO. 61-92
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 PARCEL
OF LAND LOCATED EAST OF MILITARY TRAIL ON THE SOUTH
SIDE OF LINTON BOULEVARD, AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM "TRANSITIONAL" TO "GENERAL
COMMERCIAL"; 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:
A parcel of land lying on the NE 1/4 of the NW 1/4 of
the NW 1/4 of Section 25, Township 46 South, Range 42
East, Palm Beach County, Florida.
Subject to Right-of-Way of Germantown Road (Linton
Boulevard) as now laid out and in use; Easement for
power line as granted to Florida Power and Light
Company, as recorded in Official Record Book 1830, Page
1356; and Right-of-Way for Lake Worth Drainage District
Lateral 36.
The subject property is located east of Military Trail
on the south side of Linton Boulevard, adjacent to Boca
Ray Plaza. It is known as the Holland property.
The above described parcel contains a 9.527 acre 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 enly 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 -~lan designation of the subject
property in the Comprehensive Plan is hereby changed to "General
Commerc ia 1" .
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 De!ray Beach, Florida, to conform with the
provisions h~,reof.
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are in conflict herewith are hereby repealed.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 upon the
issuance of a Notice of Intent to find the plan amendment in compliance
by the Department of Community Affairs.
WITHDRAWN BY APPLICANT AT FIRST READING - 11/17/92
WITHDRAWN BY APPLICANT AT FIRST READING - 11/17/92
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1992.
M A Y 0 R
ATTEST:
City Clerk
First Reading
Second Reading
2 - Ord. No. 61-92
WITHDRAWN BY APPLICANT AT FIRST READING - 11/17/92
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /~ ~ - MEETIN~ OF NQVEMB~R 17. 1992
ORDINANCE NO. 61-92
DATE: November 13, 1992
This is first reading of an ordinance changing the City's Land Use
Plan Designation in the Comprehensive Plan for a parcel of land
located east of Military Trail on the south side of Linton Boulevard,
adjacent to the Boca Rey Plaza, known as the Holland property.
This property was annexed in November, 1989 with a zoning designation
of POC (Planned Office Center). The annexation coincided with
adoption of the Comprehensive Plan and new land use map. The FLUM
designated the property as "Mixed Use" comprised of a fire station
site and park site, with the balance of the property in transitional.
After determinations were made to site the fire station and park
elsewhere, the FLUM designation was changed to Transitional for the
entire site.
The property owner is seeking a FLUM change to Commercial and rezoning
to PC (Planned Commercial) so that he can market the property for
commercial usage.
The proposed land use change conflicts with future land use policies
which seek to limit commercial amendments for the western poriton of
the City. The Planning Department has also expressed concern about a
possible conflict with policies dealing with compatibility with
adjacent uses. They believe the current "Transitional" land use
designation appears more appropriate in view of the referenced
policies and the adjacent land use designations of Commercial to the
west and Medium Density Residential to the east.
The Planning and Zoning Board at their October 19th meeting
unanimously recommended denial. A detailed staff report is attached
as backup material for this item.
ORDINANCE NO. 61-92
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 PARCEL
OF LAND LOCATED EAST OF MILITARY TRAIL ON THE SOUTH
SIDE OF LINTON BOULEVARD, AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM "TRANSITIONAL" TO "GENERAL
COMMERCIAL"; AMENDING THE LAND USE PLAN; PROVIDING FOR
EXEMPTION FROM THE TRANSMITTAL-AND-CRC 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:
A parcel of land lying on the NE 1/4 of the NW 1/4 of
the NW 1/4 of Section 25, Township 46 South, Range 42
East, Palm Beach County, Florida.
Subject to Right-of-Way of Germantown Road (Linton
Boulevard) as now laid out and in use; Easement for
power line as granted to Florida Power and Light
Company, as recorded in Official Record Book 1830, Page
1356; and Right-of-Way for Lake Worth Drainage District
Lateral 36.
The subject property is located east of Military Trail
on the south side of Linton Boulevard, adjacent to Boca
Ray Plaza. It is known as the Holland property.
The above described parcel contains a 9.527 acre 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-CRC
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 to "General
Commerc ia 1".
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 Darts 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 upon the
issuance of a Notice of Intent to find the plan amendment in compliance
by the Department of Community Affairs.
CITY COMMISSION DOCUMENTATION
FROM: ~_D~_~;ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 27, 1992
FIRST READING OF ORDINANCES AMENDING THE FUTURE LAND
USE MAP FROM "TRANSITIONAL" TO "GENERAL COMMERCIAL"
FOR THE HOLLAND PROPERTY; AND REZONING THE PROPERTY
FROM PLANNED OFFICE CENTER (POC) TO PLANNED COMMERCIAL
(PC).
ACTIONS REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
consideration of an ordinance, on first reading, which
would result in a change of land use designation on the
City's Future Land Use Map (FLUM).
The land use request is for a change from "Transitional" to
"Commercial" on a 9.527 net acre parcel located on the
south side of Linton Boulevard, adjacent to Boca Rey
Plaza. It is known as the Holland property.
Also, a rezoning petition is being concurrently processed.
It is for the same property and seeks a change from Planned
Office Center (POC) to Planned Commercial (PC). It is also
scheduled for first reading since each aspect of the
petition requires action.
BACKGROUND:
This property was annexed in November, 1989, with a zoning
designation of POC. The annexation coincided with adoption of
the Comprehensive Plan and new land use map. The FLUM
designated the property as "Mixed Use" comprised of a fire
station site, a park site, and the balance of the site in
transitional. After determinations were made that the fire
station and park sites should be elsewhere, the FLUM designation
was changed to Transitional for the entire site. This change
occurred via Plan Amendment 92-1 on September 8, 1992.
The property owner is seeking a FLUM change to Commercial and an
accompanying rezoning to PC so that he can market the property
for commercial usage. He has claimed that a change in the
character of the area, an inability to market the property under
the current zoning, and a change in the commercial/retail market
create circumstances which warrant approval of his request.
City Co~miss~on Documentation
Holland Property - 1st Reading of Amending Ordinances & Rezoning
Page 2
Please refer to the attached staff report for further background
and a full analysis of the requests.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of October 19, 1992. After receiving additional
materials from the applicants and hearing their presentation,
public testimony was taken. The following individuals spoke in
opposition to the request:
* Gretchen Bacon, representing Oak~mont Subdivision;
* Dorothy Alport, representing Crosswinds Condos;
* Bill Schwartz, representing Del Air Country Club;
* Mary Ann Caine, representing Shadywoods;
* Bob Stump, representing Crosswinds Master Association;
* Ed Guilliano, representing Fox Chase;
* Helen Coopersmith of PROD.
The applicant entered letters of support from South County
Mental Health and from the owners of Bloods Grove.
After review of the above information, the Board on a UNANIMOUS,
7-0, VOTE recommended DENIAL of the request to change the Future
Land Use Map. In a separate action, the Board again on a
unanimous, 7-0, vote recommended denial of the associated
rezoning request.
PROCESSING ITEM:
The Plan Amendment is being processed under the "small scale
amendment" provisions of Chapter 163. Due to a problem
pertaining to an inability to enact amendments to the same
parcel within a year, the effective date of the Plan Amendment
is set, in the ordinance, to be upon DCA's determination of
compliance - this will occur in 1993. Similarly, the effective
date of the rezoning is tied to the effective date of the Land
Use Amendment.
RECOMMENDED ACTION:
IN SEPARATE ACTIONS:
By motion, DENY the Ordinance effecting the requested amendment
to the Future Land Use Map based upon the recommendation of the
Planning and Zoning Board.
By motion, DENY the Ordinance effecting the requested rezoning
based upon the findings and recommendation of the Planning and
Zoning Board.
Attachment:
* P&Z Staff Report & Documentation of October 19, 1992
: LANNING & ZONING BOARD
3'ITY OF DELRAY BEACH --- STAFF REPORT---
AEETINQ DATE: October 19, 1992
~QENDA ITEM: III.A.
ITEM: Future Land Use Map Amendment & Concurrent Rezonin~ for a Parcel of Land Located
on the South Side of Linton Blvd~ East of the Boca Re¥ Plaza (Holland Property)~
GENERAL DATA:
Owner ......................... Gerald No Holland
Agent ......................... Lee D. Elnsweller, AICP
Slemon, Larsen & Marsh
Location ...................... On the south side of Llnton
Boulevard east of Military Trail.
Property Size ................. 9.549 acres
City Land Use Plan ............ Transitional
Proposed City Land Use Plan...General Commercial
City Zoning ................... POC (Planned Off,ce Center)
Proposed Zoning ............... PC (Planned Commercial)
Adjacent Zoning ......... North: PC and OS Open Space
East: AR (Agricultural Reserve - Palm
Beach County Zoning)
South: CF (Community Facilities)
West: PC
Existing Land Use ............. Existing Nursery and s~ngle famlly
residence.
= Proposed Land Use ............. 110,000 square foot shopping
center wlth attendant parking lot.
Water Service ................. Exlstlng 10" water main along
north side of Llnton Boulevard and
8" mains w~th~n Boca-Ray Plaza.
Sewer Service ................. £xlstlng 8" sanitary sewer llne
serving Boca Ray Plaza, to the ,!II.A.
west cf ~ub~ct ~r~rtv,
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation on
a privately initiated Land Use Plan Amendment from
"Transitional" to "General Commercial" and a concurrent
rezoning from POC (Planned Office Center) to PC (Planned
Commercial).
The subject property is approximately 10.39 gross acres, 9.527
net acres and is located immediately east of the Boca Rey Plaza
(Linton Oaks Square) located at the southeast corner of Llnton
Boulevard and Military Trail.
The staff report is formatted to discuss the Comprehensive Land
Use Plan Amendment issue first and then the associated rezoning
action.
BACKGROUND:
The Planning and Zoning Board recommended approval of the
annexation and initial zoning to POC (Planned Office Center) of
the subject property on October 16, 1989. The City Commission
approved the annexation and initial zoning on November 28, 1989
via Ordinance No. 71-89. A sketch plan accompanied the
annexation and initial zoning request which depicted an upscale
professional office center (114,000 sq. ft.) and an upscale
restaurant (7,000 sq. ft.). No action was taken on the sketch
plan which was provided for conceptual development potential
purposes.
Concurrent with the annexations and initial zoning action, the
land use map designation on the property was changed from SF
(Single Family) to a mixed use designation containing Open
Space, Community Facilities and Transitional land use
designations. The land use change was associated with City wide
changes accompanying the adoption of the new COmprehensive Plan.
The Open Space and Community Facility designations were linked
to needs for a City Collector street from Military Trail to
Llnton Boulevard, City Park (8-9 acres) and a fire station
identified within the Comprehensive Plan. The location of these
three facilities were nonspecific as they were to "float" within
this property and the adjacent Bloods Grove property.
In the past three years the permanent fire station location has
been fixed east of this property. The "floating" park location
has been moved to the Bloods Grove parcel to the southeast via
Land Use Plan Amendment 92-1. The final location for the City
Collecter between Linton Boulevard and Military Trail has not
yet been determined and could potentially be affected by this
proposal (see discussion under streets and traffic section).
On August 17, 1992 the Planning and Zoning Board recommended
approval of a City initiated Land Use Plan Amendment from "Open
Space", "Public Facilities" and "Transitional" to
"Transitional". The amendment was part of Land Use Plan
Amendment 92-1 which was approved by the City Commission on
September 8, 1992.
P&Z Staff Report
Holland - Land Use Plan Amendment
Page 2
PROJECT DESCRIPTION:
The site proposed for the Land Use and Rezoning action contains
10.39 gross acres and 9.527 net acres after subtraction of the
right-of-way claimed by the Lake Worth Drainage District. The
property currently is occupied by a private residence (owner's
mother), a small nursery operation, and a fruit and vegetable
stand. The site is immediately east of the 70,000 sq.ft. Boca
Rey Plaza and across Linton Boulevard from the Delray Town
Center Phase II. The applicant has requested the processing of
the land use plan amendment as a small scale amendment.
COMPREHENSIVE PLAN ANALYSIS:
The applicants have asked that this Land Use Plan Amendment from
"Transitional" to "General Commercial" be submitted 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
nonresidential 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 property meets three of the four criteria listed above.
The parcel is approximately 9.527 acres (after subtraction of
right-of-way claimed by L.W.D.D. and acknowledged by the
applicant). It would be the third small scale development
processed this year (for a cumulative total of 10.027 acres).
It does not involve property owned by the applicant located
within 200'. However, this property has received a City
Initiated Land Use Plan Amendment within the last year (adopted
September 8, 1992) as part of Amendment 92-1. In discussions
with DCA (Department of Community Affairs) any amendment within
the year, either City or applicant initiated, would disqualify
this parcel from the small scale exemption process. Given the
above, the Board should hold the public hearing on the
amendment, provide a recommendation and then hold the amendment
to be processed with Land Use Plan Amendment 93-1 in February,
1993.
P&Z Staff Report
Holland - Land Use Plan Amendment
Page 3
Land Use Analysis:
Situation: The current City Land Use Designation for the site
is "Transitional". The proposed City Land Use Designation for
the parcel is "General Commercial".
The surrounding Land Use Map designations to the north are
"General Commercial" and "Open Space", to the south
"Transitional", to the west "General Commercial" and to the east
is "Medium Density Residential" (part of mixed use designation).
The existing Land Uses are the Boca Rey Plaza to the west,
vacant (proposed Delray Town Center Phase II) to the north,
vacant (proposed south County Mental Health Phase II) to the
south, and Bloods Grove to the east.
The existing "Transitional" Land Use designation is applied to
land which is developed or is to be developed for either
residential or nonresidential uses. In some instances this
designation provides a transition between a less intensive
residential use and commercial uses. In other instances this
designation allows the establishment of uses which are
compatible with adjacent residential uses. The transitional
land use also provides for uses which are not as intensive as
general commercial, in areas where residential use is not
desirable and/or appropriate.
The types of residential uses which are appropriate under the
Transitional land use designation include residential
development at a density between five and twelve units per acre,
mobile home parks and apartment developments, condominiums,
continuing care facilities, ACLFs, and various types of group
homes. Nonresidential development at an intensity equivalent to
that associated with medium density residential land uses is
also appropriate.
In this instance the existing transitional designation provides
a transition between the General Commercial uses to the west and
the Residential uses to the east, allowing establishment of
office uses or other transitional uses which would act as a
buffer between commercial uses and residential uses.
Applicant's Analysis: The applicants narrative accompanying the
Land Use Amendment request contends that a commercial use is the
only economically viable use of the property. The applicant's
basis is outlined in an attached justification statement and the
summary is:
* The changing nature of retailing. Direct merchandising is
replacing small scale shopping. Strip centers with
numerous small local entrepreneurs are being replaced by
larger chain (or franchise) operations.
P&Z Staff Report
Holland - Land Use Plan Amendment
Page 4
* The changing nature of development financing. New office
development in the Delray Beach area is unlikely for a
number of years to come while the market absorbs the excess
office space currently available.
* A commercial node has developed. Over the past years, a
commercial node has developed at the intersection of
Military Trail and Linton Boulevard. This has occurred
through the rezoning of parcels as they are annexed to the
City from Palm Beach County.
* The uses adjacent to the Holland Parcel have changed. This
includes the expansion of the South County Mental Health
Facility along the entire southern boundary of the parcel,
and the development of Linton Oaks Square to the west,
whose loading bays face the parcel across a thin strip of
asphalt. In addition, the existing and proposed uses
directly across Linton Boulevard to the north have changed
with the development of the Albertson's and related uses.
The applicant is using the above rational to support a change in
the land Use designation from Transitional to General Commercial
which will accommodate Planned Commercial zoning and facilitate
the marketing of the property for commercial use.
Staffs response: The arguments with respect to changing
conditions (i.e office glut, location of major employers,
adjacent shopping centers), largely existed or were approved
when the POC zoning designation was affixed to the property. At
that time positive arguments with respect to the ability to
market the property under this POC zoning were presented.
Arguments relating to a Planned Commercial zoning designation
being of similar intensity as allowed under the Future Land Use
Map are inaccurate. The POC zoning designation is consistent
with a transitional land use function, while only commercial
of a neighborhood intensity is consistent with the transitional
land use designation.
A review of the Comprehensive Plan as it relates to this request
was conducted and the following Comprehensive Plan policies and
objectives were found to apply to this application:
Future Land Use Element Policy A-1.6
To encourage redevelopment of the City's Central Business
District, Future land Use Amendments to Commercial
Des~gnations in the outlying areas of the C~ty's Planning
Area, shall not be accommodated.
P&Z Staff' Report
Holland - Land Use Plan Amendment
Page 5
When this policy was developed (prior to November 1989)
this parcel was part of the City's western Planning Area.
Since the adoption of the Comprehensive Plan in November,
1989 the subject property has been annexed. However, the
annexation does not diminish the applicability of this
policy, f-
At the Planning and Zoning Board workshop the applicant's
agent stated the property was to be marketed to a large
scale single user or to dual uses, and that these types of
tenants could not be accommodated in the downtown area, nor
would it compete with downtown commercial uses.
With respect to the above statement it is first noted that
with approval of a land use and zoning change there are no
guarantees that development of the property would be
limited to the stated use. Secondly, the proposed single
or dual users in combination with existing commercial
development in the area will have a regional draw, and
consequently "spin off" impacts. These "spin off"
commercial uses would compete with the downtown and
therefore negatively impact redevelopment of the Central
Business District.
Future Land Use Element Objective A-1
Vacant property shall be developed in a manner so that the
future use and intensity is appropriate In terms of sol1,
topographic, and other applicable physical considerations,
is complement.ary to adjacent land uses~ and fulfills
remaining land use needs.
The development potential under the current "transitional"
land use designation is more appropriate given the parcels
location between commercial uses to the west and
residential uses to the east. It is noted this argument
was used by the applicant in 1989 to Justify the POC
initial zoning designation which stated, quote "the land
use proposed at this location will act as a buffer between
the heavy commercial use to the west and the diverse
residential uses to the east".
Additional compatibility concerns also center around the
possible impact a commercial approval could have on
adjacent undeveloped property. It is possible that
approval of a commercial zoning on this property would be
used by adjacent property owners as the basis to seek a
nonresidential land use designation on their property, due
to compatibility concerns.
P&Z Staff Report
Holland - Land Use Plan Amendment
Page 6
In addition to not being compatible the requested change to
commercial use does not fulfill remaining land use needs.
The current Comprehensive Plan is correct and does not
identify a need for additional commercial development in
this area. No marketing studies or other information
identifying or supporting such a need have been provided.
Current commercial vacancies are noted in the adjacent Boca
Rey Plaza, Linton Promenade, and the Delra¥ Town Center
Phase I. Difficulty in leasing the approved yet
unconstructed Delray Town Center Phase II are noted. In
order to reduce economic losses from vacancies, commercial
space within some of the above centers is also being
marketed and occupied to noncommercial users i.e. office
uses etc. to maintain occupancy rates.
It is further noted that a similar Land Use Plan Amendment
from Medium Density Residential to General Commercial for
the 14.23 acre Spence property (Military Trail north of
Atlantic Avenue) was recommended for denial by this Board
on April 8, 1991. This recommendation, as well as the
City Commission's denial of the change was based on high
vacancy rates and the acknowledgement that there was no
need for additional commercial land uses in the area.
Conservation Element Policy B-2.§
Whenever new development or redevelopment is proposed along
a waterway, a canal, an environmentally sensitive area, or
an area identified via Policy B-2.1, an area equivalent to
at least 10% of the total area of the development shall be
set aside in an undisturbed state or 25% of native
communities shall be retained pursuant to TRCPC Policy
10.2.2.2.
Future Land Use Element Policy A.3.3
Proposed development shall accommodate required open space
as provided for under Policy B-2.5 of the Conservation
Element and/or Policy B-1.4 of the Open Space and
Recreation Element.
These two policies will affect the development potential
under either the current or proposed land use and zoning
designations, and are therefore not a critical aspect of
this petition.
Level of Service Determinations:
A Comprehensive Plan Amendment change requires an analysis as to
how the change will effect the level of service of sewer, water,
drainage, traffic, and solid waste. The level of service for
water and sewer relate to water and sewer plant capacities which
far exceed current demands. With respect to drainage it is
anticipated the drainage will be accommodated on site via
exftltration or swale retention. The following two categories
are highlighted at this time.
P&Z Staff Report
Holland - Land Use Plan Amendment
Page 7
Traffic:
The applicant has provided traffic generation rates comparing
the concept plan submitted with the POC rezontng (114,000
office, 7,000 restaurant) and 110,000 sq.ft, of retail space
proposed under General Commercial zoning. The traffic
information provided and quoted by the applicant at the workshop~
meeting indicates that approximately 4,470 dally trips are
generated by the POC concept plan while 4,304 trips (166 less
trips) will be generated by a 110,000 sq.ft, retail. However,
the traffic information is skewed in the applicants favor in
that the 114,000 sq.ft, office space is noted as medical offices
verses professional offices as originally presented. It is noted
that medical offices generate approximately 2 1/2 times the
average daily traffic of professional offices. When utilizing
the professional office category the retail proposal will
generate approximately 50% more traffic (4304 trips verses 2,124
trips). The applicant's traffic counts also are based on
110,000 sq.ft, of retail while their application notes a 115,000
sq.ft, maximum.
Given the above it is staff's conclusion that the requested
change will create an adverse traffic impact. If a
recommendation of approval is forwarded on the Land Use
Amendment revised traffic information reflecting the information
discussed in the previous paragraph will be required for
transmittal to DCA (Department of Community Affairs).
Solid Wastes
The applicant has not provided information with respect to the
difference in solid waste generation rates between the two land
use designations. While this is not anticipated to be an issue,
if a recommendation of approval is forwarded this information
must be submitted for transmittal to DCA.
0 T H E R:
Streets:
With the adoption of the Comprehensive Plan in 1989 the need for
a City Collector street from Linton Boulevard and Military Trail
was identified. The exact alignment has not been fixed and is
"floating" between the Holland and the Bloods Grove properties.
The City Collector needs to meet Linton Boulevard at one of the
two existing median breaks located at the center of both this
parcel and the Bloods Grove land to the east. If the Board
endorses this proposal the resulting single commercial user will
fix the location of the City Collector intersection with Linton
Boulevard to the Bloods Grove property.
P&Z Staff Report
Holland - Land Use Plan Amendment
Page 8
Letters of Objection:
A letter of objection has been received from the Del Alre
Subdivision and is attached for your reference.
R E V I E W BY OTHERS: f
The development request is not in a geographic area requiring
review by the DDA (Downtown Development Authority), and the CRA
(Community Redevelopment Agency).
Special Neiqhborhood 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 representatives of Shadywoods, Del Atre,
Cros swinds, Country Lakes, Foxe Chase and Spanish Wells
subdivisions.
ASSESSMENT AND CONCLUSIONS:
The proposed land use change does net comply with future land
use policies which seeks to limit commercial amendments out west
to preserve downtown commercial development, nor policies
dealing with compatibility with adjacent uses or fulfilling of
remaining land use needs. The current "Transitional" land use
designation appears more appropriate given the above policies
and the adjacent land use designations of Commercial to the west
and Medium Density Residential to the east. The current land
use scenario provides a step down intensity which is to be
encouraged.
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
"Transitional to General Commercial" upon failure to make a
positive finding with respect to policies and objectives of
the Comprehensive Plan.
C. Recommend approval of the Land Use Amendment from
"Transitional" to "General Commercial" based upon positive
findings with respect to policies of the Comprehensive
Plan.
STAFF RECOMMENDATION:
Recommend denial of the Land Use Amendment from
"Transitional" to "General Commercial" upon failure to make
a positive finding with respect to policies and objectives
of the Comprehensive Plan.
P&Z Staff Report
Holland - Land Use Plan Amendment
Page 9
ZONING ANALYSIS:
The current zoning designation for the parcel is POC (Planned
Office Center). The proposed zoning designation is PC (Planned
Commercial ). The surrounding zoning designations are PC
(Planned Commercial) and OS ~Open Space) to the north, CF
(Community Facility) to the south, PC (Planned Commercial) to
the west and County - Agricultural to the east.
If a recommendation of denial is put forward on the Land Use
Plan Amendment the rezoning action is moot in that a Planned
Commercial Zoning District is inconsistent with the existing
Transitional land use designation. Conversely, if a
recommendation of approval is forwarded for the land use plan
amendment it is appropriate for the zoning change to be made as
the current POC zoning would then be inconsistent with a General
Commercial land use designation. If a recommendation of approval
is made on the Land Use Plan Amendment the following mandatory
findings are required for the associated zoning request.
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
"Planned Commercial". The Planned Commercial zoning district is
consistent with the proposed land use designation of "General
Commercial". Retail uses are allowed as Permitted Uses in the
PC (Planned Commercial) 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.
Water:
Eight inch water mains exist within the Boca Rey Plaza to the
west. Public easements and 8" stubouts to the eastern property
line are noted. In addition, a 10" main exists on the north
side of Ltnton Boulevard as well as a 12" main extended to the
south side of Germantown Road with the development of Fire
P&Z Staff' Report
Holland - Land Use Plan Amendment
Page 10
Station No. 5. With development of the property connection to
the lines within Boca Rey Plaza and extension of the lines
through the property to the east and south property lines will
be required. In addition, looping of the water lines south to
the South County Mental Health property line will also be
required, f ~
Sewer:
Sewer mains exist within-the Boca Rey Plaza to the west. The
Utilities Department has indicated that this parcel must acquire
the necessary easements from Boca Rey Plaza to access the
system. On-site sewer main extensions will be required to this
parcel's east property line as will possible downstream lift
station upgrading.
Streets and Traffic & Sol~d Waste~
These two items are discussed under the Level of Service of the
Land Use analysis section on Page 7.
Drainage~
It is anticipated that drainage would be accommodated either by
swale areas, exfiltration or both. No problems are anticipated.
Parks and Open Space:
Park dedication requirements apply for new residential
development. This property is proposed to be commercial and
therefore the requirements do not apply.
Compliance with Land Development Regulat~ons~
Upon approval of the land use plan amendment and rezoning action
a site plan for site development 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 4.4.12(F) any free standing structure
shall have a minimum floor area of 6,000 square feet; shall
be architecturally compatible with other structures, shall
take access from the internal circulation system of the
development and shall be able to meet code requirements if
it were to be situated on an outparcel. Architectural
compatibility shall be determined pursuant to Section
4.6.18.
Pursuant to Section 4.3.4(H)(6)(b) a special landscape
setback of 30' or 10% of the depth of the property,
whichever is greater is required along Linton Boulevard.
For this property this landscape setback equates to 30' and
is measured from the southern right-of-way line of the LWDD
canal.
P&Z Staff Report
Holland - Land Use Plan Amendment
Page 1!
However, L.W.D.D. personnel have indicated that an
additional 27' is to be dedicated by this property to the
district along Linton Boulevard. It is anticipated the
applicant will dedicate this additional 27' as an easement.
As Lake Worth Drainage District prohibits most plantings
within their easements, this would have the effect of
reducing the 30' landscape strip to a 3' planting area. In
light of this it would be appropriate for additional
landscape width to be provided with future development of
this property.
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 the 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 parcel is located in an area designated as vacant
residential verses a stable neighborhood and therefore the
performance standard is not applicable.
B) Performance Standard 3.3.2(D) states~ That the rezoning
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 PC will allow development of commercial
uses immediately adjacent to future residential uses (medium
density) located within Bloods Grove. It is noted the current
POC (Planned Office Center) zoning designation acts as a
transitional zoning between Commercial uses to the west and
residential uses to the east. It is noted in the previous
initial zoning request from Single Family to POC (Planned Office
Center) for the Holland Property the applicant used this
compatibility issue as a basis of approval i.e. "the land use
proposed at this location will act as a buffer between the heavy
commercial use to the west and the diverse residential uses to
the east".
P&Z Staff Report
Holland - Land Use Plan Amendment
Page 12
Additional compatibility concerns also center around the
possible impact a commercial approval could have on adjacent
undeveloped property. It is possible that approval of a
commercial zoning on this property would be used by adjacent
property owners as the basis to seek a nonresidential land use
designatio~ on their property, due to compatibility concerns.
These compatibility arguments have been made under the
Comprehensive Land Use Plan Amendment analysis on Pages 5 and 6
of the staff report. If the land use plan amendment is
recommended for approval then a positive finding with respect to
compatibility has been previously reached.
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;
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 applicant has indicated that the following two valid reasons
apply:
* That there has been a change in circumstance which makes
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.
While staff does not agree with the applicants reasons based on
economic issues constitutes as valid reasons, if the Land Use
Amendment is recommended for approval the valid reason for a
rezoning change becomes one of change in circumstance i.e. land
use designation change to General Commercial makes current POC
zoning inconsistent.
P&Z Staff Report
Holland - Land Use Plan Amendment
Page i3
ASSESSMENT AND CONCLUSIONS:
The appropriate action on the rezoning request hinges on the
recommended action on the Land Use Amendment. I f a
recommendation is to deny the Land Use amendment the appropriate
rezoning action would be deni~l in that the Planned Commercial
zoning district is inconsistent with the existing Transitional
Land Use designation. Conversely, if a recommendation of
approval is forwarded for the land use plan amendment, a
recommendation of approval on the zoning change is appropriate
as the current POC zoning would then be inconsistent with a
General Commercial land use designation. Further, one of the
valid reasons i.e. changing conditions, land use designation
change to General Commercial would be satisfied.
ALTERNATIVES:
A. Continue with direction.
B. Recommend denial of the rezoning from Planned Office Center
to Planned Commercial based upon failure to make the
required finding of consistency with the Future Land Use
Map (Section 3.1.1) and failure to provide valid reason
pursuant to Section 2.4.5(D)(5).
C. Recommend approval of the rezoning from Planned Office
Center to Planned Commercial 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(D)(5).
STAFF RECOMMENDATION:
Recommend denial of the rezoning from Planned Office Center
to Planned Commercial based upon failures to make the
required finding of consistency with the Future Land Use
Map (Section 3.1.1) and failure to provide valid reason
pursuant to Section 2.4.5(D)(5).
Attachment:
* Location Sketch
Report prepared by: Paul Dorllng~ Planner II
Reviewed by DJK on:
BASIS FOR THE PROPOSED REZONING. ! '~
Section 2.4.5(D) of the City of Delray Beach Land DeveloPment R~gulations~
provides that valid reasons for a rezoning include:
* That there has been a change in circumstance which makes 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 Site
Currently, the primary use of the site is as a residence for Mr. Holland's mother.
The site is bordered on the north by Linton Boulevard and Delray Town Center
(Albertson's; Blockbuster Video, etc.), on the west by Linton Oaks Shopping Center
(70,265 square feet of general commercial uses), and on the south by the South
County Medical Health Center expansion. [See Vicinity Map and color aerial photo
attached to original submission.] The eastern boundary abuts the existing Blood's
Hammock Groves. There is a median cut in Linton Boulevard which provides access
to the site, and also serves to allow left tums out of Delray Town Center across
Linton Boulevard.
The applicant has a vested previous approval (1989) from the City of Delray Beach
to construct a project known as "Linton Lagoone" -- a Planned Office Center of
114,000 square feet of medical offices and ancillary uses, in conjunction with a
restaurant of up to 7,000 square feet. This approval was granted shortly after other
substantial zoning changes were made in the immediate surrounding area, including
the approval of the Delray Town Center on the northeast comer of Linton and
Military Trail containing the Albertson's grocery store.
Changes in the Area
These changes, in essence, create a commercial node at the intersection of Linton
Boulevard and Military Trail. The node provides the combined commercial
attraction of Walmart, Linton Oaks shopping center, Delray Town Center,
Albertson's, Blockbuster Video and others. There are also substantial employment
opportunities in the area, including Fair Oaks Hospital, Pinecrest rehabilitation
Holland Parcel Re~oning Application
Bas/s for Proposed Re~,oning Page 1
Center and Delray Community Hospital. For the surrounding neighborhoods such
as King's Point, Villages of Oriole, Del Aire Golf Club, Country Lakes and Country
Club Acres, Spanish Wells, Lakeview, Crosswinds and Shadywoods, the area has
proven to be a successful commercial alternative to the setting created at the
intersection of Atlantic Avenue and Military Trail.
While the nearby hospital has been slowly expanding, demand for office uses in this
area has been dismal at best. As is attested by the vacancy rates in this portiontol
the County~, there are substantial office opportunities already constructed and
standing vacant along Military Trail, along Linton Boulevard, along Congress
Avenue, and elsewhere in the area. The availability of construction financing for
proposed office projects is currently linked to pre-leasing rates as high as 75% of
the proposed office space. For these reasons, the existing approval of a Planned
Office Center for the site is not viable in the current market, nor is the market
expected to substantially improve in the near future.
In addition, this past year the South County Mental Health Center has expanded
along the entire southern boundary of the project.
The Proposed Use
The proposed use of the site is a maximum of 115,000 square feet of commercial
use. Access would be provided by the existing access point on Linton Boulevard,
and also, if possible, by linking the proposed parking area to the existing eastern-
most exit for Linton Oaks shopping center. Architecture will complement existing
commercial structures in the nearby area. The proposed use will be similar in
intensity to the existing approval. In fact, the change from medical offices and a
high quality restaurant (the vested previous approval) to commercial actually
reduces the net new trips generated by the project. Also, the overall square footage
of the proposed project will be less than that of the existing approval.
~ The vacancy rate in this portion of the County is one of the nation's highest, standing at 49.4~ in 1991
according to a survey published in the Na~o~t~ P, ya~ £srAr~ lt~f~o~ As of June 1, 1992, South Palm Beach
County had an overall vacancy rate of 47.896, down slightly from the previous year (49.5~6), as reported in the
Real estate section of the Mvtul Hvave, o.
Holland Pcu'cel Re~ontng Appltco~on
Basis J'or Peoposed Re~oning Page 2
Sununary
Changes in circumstance related to the Holland Parcel include:
The changing nature of retailing. Direct merchandising is replacing small
scale shopping. Strip centers with numerous small local entrepreneurs are
being replaced~y larger chain (or franchise) operations.
· The changing nature of development financing. New office development in
the Delray Beach area is unlikely for a number of years to come while the
market absorbs the excess office space currently available.
· A commercial node has developed. Over the past years, a commercial node
has developed at the intersection of Military Trail and Linton Boulevard. This
has occurred through the rezoning of parcels as they are annexed to the City
from Palm Beach County.
· The uses adjacent to the Holland Parcel have changed. This includes the
expansion of the South County Mental Health Facility along the entire
southern boundary of the parcel, and the development of Linton Oaks Square
to the west, whose loading bays face the parcel across a thin strip of asphalt.
In addition, the existing and proposed uses directly across Linton Boulevard
to the north have changed with the development of the Albertson's and
related uses.
The requested zoning of the Holland Parcel is similar to that existing, and is more
appropriate for the following reasons:
· If similarity is measured based upon neighborhood impact, the proposed
project will generate a lower number of net new trips than the existing
approval, involve less square footage, and have an equivalent architectural
character which will complement the surrounding uses.
Holland Parcel Resoning Application
Bas/s for Proposed Re~oning Page
Property Owner's Association, Inc.
4646 White Cedar Lane, Delray Beach, Florida 33445
October 1, 1992
Mr. David Kovacs, Chairman
Delray Beach Planning & Zoning Board
100 N.W. 1st Avenue
Delray Beach, FL 33444
RE: Propose change of Zoning from Planned Office Center to
Planned Commercial - South side of Linton Blvd. East of Military
Trail between Linton Oaks Square Shopping Center, S. Country
Health Center and Bloods Hammock Groves.
The Delaire Property Owners' Association, representing 328
homeowners wished to go record as not approving this proposed
zoning change.
Sincerely,
Delaire Property Owners' Association
VEJ/arm
CITYDELRrlY BEII[H
October 26, 1992
Thomas G. Purdo
MacMillan, Stanley & Purdo
MacMillan Building
29 Northeast Fourth Avenue
P.O. Drawer 2080
Delray Beach, FL 33447-2080
Re: Holland Land Use Map Amendment & Rezoninq
Dear Tom:
I have received your letter of October 21, 1992, regarding City
Commission consideration of the above subject. Accordingly, the
item will not be heard on October 27th.
From the wording of your letter, it is unclear as to whether you
desired to have the item delayed until the next meeting or that
it is being withdrawn. Our policy is that an item can be
deferred, at the request of the applicant, for one meeting but
then it must be reviewed at the City Commission level. Thus,
unless I am requested otherwise, this item will be scheduled for
first reading of the enacting ordinance at the City Commission
meeting of November 17, 1992.
Sincerely,
/.4-~,..,.z~. /
DAVID T. HARDEN
City Manager
DTH/cm
c:
Alison Harty, City Clerk
David Kovacs, Director of Planning
T~-~E EFFOR-I Al. WAYS I'VIAT-rERS
October 21, 1992
Via fax: 243-3774
RECEIVED
Mr. David T, Hardin, City Manager
City of Delray Beach OCT
100 N.W. 1st Avneue
Delray Beach, FL 33444 CITY MANAGER'SOFFICE
RE: Holland Development
First Reading
Dear Sir:
This letter shall serve as notification to remove the above
referenced item from the City Commission agenda scheduled for
October 27, 1992.
v ~ t~..,~ ~ ~o
TGP/dws
cc: Gerald Holland
Lee Einsweiler
Clemmer Mayhew
City Clerk