TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: January 16, 2024
Title
RESOLUTION NO. 15-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A CONDITIONAL USE TO ALLOW A PRIVATE SCHOOL FOR ADULTS AT 2925 SOUTH FEDERAL HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES AND THE COMPREHENSIVE PLAN OF THE CITY OF DELRAY BEACH; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL)
Body
Recommended Action:
Recommendation
Review and consider Resolution No. 15-24 for a Conditional Use to allow to allow a private school for adults at 2925 South Federal Highway
Body
Background:
The subject property at 2925 S. Federal Highway, a 3,215-square-foot commercial tenant space within the Dumar Plaza, whose main address is 2885 South Federal Highway. The property is zoned Planned Commercial (PC) and has a Land Use Map (LUM) designation of General Commercial (GC).
The applicant is requesting Conditional Use approval to establish a private school for adults at the tenant space addressed as 2925 S. Federal Highway within the plaza.
Pursuant to Section 4.4.12(D)(3) of the Land Development Regulations of the City of Delray Beach (“LDR”), private schools and other similar educational facilities are permitted as a conditional use within the PC zoning district, subject to LDR Section 4.3.3(HHH). The Language Exchange proposes to teach English to adults during its in-person sessions from 9 am - 10:30 pm, Monday through Friday. LDR Section 4.3.3(HHH) caps enrollment at 100 students within the PC zoning district; the school operator intends to comply.
Pursuant to LDR Section 2.4.6(A)(5), Establishment of a Conditional Use: Findings, in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not:
a) Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; nor
b) Hinder development or redevelopment of nearby properties.
The proposed tenant space directly abuts South Federal Highway. A multiple family development is located to the east of the plaza. The parcels to the north, south, and west of the Dumar Plaza are zoned Planned Commercial and Automotive Commercial. Sufficient off-street parking is available, based on the provided parking survey. Pursuant to LDR Section 4.6.9(6)(e) Educational facilities, the off-street parking requirement for the school is1 space for every 5 students. With a maximum capacity of 100 students, 20 spaces are required. The plaza has 175 parking spaces. The current mix of tenants requires 114 spaces. Adding the private school would leave a surplus of 41 parking spaces for the shopping center. The attached Planning and Zoning Board staff report provides a full analysis of the request.
The Planning and Zoning Board (PZB) considered the request on December 18, 2023. The PZB voted 5 to 0 to recommend approval, specifying that the use is approved to operate Monday through Friday from 9 am - 10:30 pm.
Since the traffic analysis analyzes the impacts of 50 students, the resolution is drafted to approve up to 50 students.
City Attorney Review:
Resolution No. 15-24 was approved as to form and legal sufficiency.
Funding Source/Financial Impact:
Not applicable.
Timing of Request:
Resolution No. 15-24 will become effective immediately upon adoption.