Ord 46-08/ \
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ORDINANCE N0.46-08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED RM (MEDIUM
DENSITY RESIDENTIAL) AND OSR (OPEN SPACE AND
RECREATION) DISTRICT TO CF (COMMUNITY
FACILITIES) DISTRICT; SAID LAND BEING A PARCEL
LOCATED ON THE SOUTH SIDE OF SW GTH STREET
AND WEST OF AUBURN AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL
2007"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District
Map of the City of Delray Beach, Florida, dated April 2007, as being zoned RM (Medium
Density Residential) and OSR (Open Space and Recreation) District; and
WHEREAS, at its meeting of September 15, 2008, the Planning and Zoning Board
for the City of Delray Beach, as Local Planning Agency, considered this item at a public
hearing and voted 5 to 0 to recommend that the property hereinafter described be rezoned,
based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Plannhg and Zoning
Board, sitting as the Local Planning Agency, has determined that the changes aze consistent
with and further the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in
the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Dekay Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray
Beach, Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above aze incorporated herein.
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Section 2. That the Zoning District Map of the City of Dekay Beach, Florida, be,
and the same is hereby amended to reflect a zoning classification of CF (Community
Facilities) District fox the following described property:
A parcel of land being comprised of a portion of Tract B, Auburn Trace, according
to the plat thereof as recorded in Plat Book 64, Pages 184 through 186 of the Public
Records of Palm Beach County, Florida. Together with a portion of the West one-
half (W '/z) of Lot 18, of the Subdivision of Section 20, Township 46 South, Range
43 East, Pam Beach County, Florida as recorded in Plat Book 1, Page 4 of the Public
Records of Palm Beach County, Florida. Being more particularly described as
follows:
Beginning at the Northwest comer of said Tract B; thence North 89° 43' 47" East
(as a basis of bearings) along the North line of said Tract B, a distance of 296.10 feet;
thence South 00°16' 13" East, a distance of 269.50 feet to the point of curvature of a
circular curve to the right; thence southwesterly along the azc of said curve having a
radius of 20.00 feet, a central angle of 90° 00' 00" and an arc length of 31.42 feet;
thence South 89° 43' 47" West, a distance of 76.25 feet to the point of curvature of
a circular curve to the left; thence southwesterly along the arc of said curve having a
radius of 20.00 feet, a central angle of 90° 00' 00" and an arc length of 31.42 feet;
thence South 00° 16' 13" East, a distance of 27.00 feet to the point of curvature of a
circular curve to the right; thence southwesterly along the azc of said curve having a
radius of 20.00 feet, a central angle of 90° 00' 00" and an azc length of 31.42; thence
South 89° 43' 47" West a distance of 160.54 feet to a point being on the west line of
said Tract B, also being the East line of the West one-half of said Lot 18; thence
South 00° 09' 33" East along said West line, a distance of 315.14 feet to the
southwest comer of said Tract B, also being the southeast comer of the West one-
half of said Lot 18; thence South 89° 29' 23" West along the South line of the West
one-half of said Lot 18, a distance of 66.49 feet; thence North 00° 16' 13" West, a
distance of 356.67 feet; thence South 89° 43' 47" West, a distance of 16.33 feet;
thence North 00°16' 13" West, a distance of 72.15 feet; thence South 89° 43' 47"
West, a distance of 8.00 feet thence North 00°16' 13" West, a distance of 64.33 feet;
thence South 89° 43' 47" West, a distance of 63.58 feet; thence North 00° 16' 13"
West, a distance of 57.50 feet; thence South 89° 43' 47" West, a distance of 8.00 feet;
thence North 00°16' 13" West, a distance of 96.50 feet to a point being on a line
lying 24.77 feet South of and pazallel with (as measured at right angles) the North
line of the West one-half of said Lot 18; thence North 89° 43' 47" East along said
parallel line, a distance of 163.66 feet to a point on the East line of the West one-half
of said Lot 18, also being the West line of said Tract B; thence North 00° 09' 33"
West along said East line a distance of 24.77 feet to the Point of Beginning. Said land
situate, lying and being in Palm Beach County, Florida. Containing 158,288 squaze
feet more or less.
ecdon 3. That the Planning and Zoning Duectox of the said City shall, upon the
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Ord No. 46-OS
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effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida,
to conform with the provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole ox
part thereof other than the part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon passage on
second and final reading.
PASSED AND A~~O~~II D~ in regular session on second and final reading on this the
day of ~~i . 200 ~ .
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MAYOR
ATTEST
City Clerk
First Readin \~ ~ O v
Second Readin ~~ 06~ ~~
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Ord No. 46-08
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: October 14, 2008
SUBJECT: AGENDA ITEM 10 C -REGULAR COMMISSION MEETING OF OCTOBER 21 2008
ORDINANCE N0.46-08
ITEM BEFORE COMMISSION
This item is before Commission for second reading and second public hearing for a City initiated
rezoning from RM (Residential Medium Density) in part and OSR (Open Space Recreation) in part to
CF (Community Facilities) fora 3.64 acre parcel located on the south side of S.W. 60i Street, west of
Auburn Avenue and east of Catherine Strong Pazk.
At the first reading on October 7, 2008, the Commission passed Ordinance No. 46-08.
RECOMMENDATION
Recommend approval of Ordinance No. 46-08 on the second and final reading.
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Estelio Breto, Senior Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH: City Manager
DATE: September 29, 2008
SUBJECT: AGENDA ITEM 32.A. -REGULAR COMMIccrnw MFFrrNr. nc nrTnaaR ~~ Anna
ORDINANCE NO. 46-08
ITEM BEFORE COMMISSION
Consideration of a city initiated rezoning from RM (Residential Medium Density) in part and
OSR (Open Space Recreation) in part to CF (Community Facility) fora 3.64 acre parcel
located on the south side of SW 6th Street, west of Auburn Ave. and east of Catherine Strong
Park.
BACKGROUND
The subject properly contains approximately 3.64 acres and is made up of Track "B" of the
Auburn Trace Subdivision (2.25 acres) and a portion of the adjacent Catherine Strong park
property (1.39 acres). The subject property is owned by the City of Delray Beach; a portion
contains a parking lot utilized for Catherine Strong Park, which is to be shared with the Head
Start facility, along with a portion previously utilized as a water retention area for the
adjacent Auburn Trace development. The proposed rezoning is being sought in order to
accommodate development of a future community facility to house the 19,000 sq. ft. Head
Start building to be constructed by Palm Beach County.
At its meeting of September 15, 2008, the Planning and Zoning Board held a public hearing
in conjunction with the CF rezoning request. After reviewing the staff report and discussing
the proposal, the Board voted 5-0 (Mr. Joseph Pike, and Mr. John Miller absent), to
recommend approval of the rezoning request to the City Commission, by adopting the
findings of fact and law contained in the staff report, and finding that the request is
consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1,
3.2.2, and 2.4.5(D)(5) of the Land Development Regulations. Additional background
information and full analysis of the proposal can be found in the Planning and Zoning Board
staff report dated September 15, 2008.
BECOMMENDATION
Approve on first reading Ordinance 46-08 rezoning the 3.64 acres from RM (Residential
Medium Density) in part and OSR (Open Space Recreational) in part to CF (Community
Facilities), by adopting the findings of fact and law contained in the staff report, and finding
http://miweb001/Agendas/Bluesheet.aspx?ItemI0=15178~MeetingID=153[10/14/2008 4:55:11 PM]
that the request and approval thereof is consistent with the Comprehensive Plan, and meets
the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development
Regulations, with second reading to occur on October 21, 2007.
http://miweb001/Agendas/Bluesheet.aspx?ItemID=1517&MeetingID=153[10/14/2008 4:55:11 PM]
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: September 75, 2008
ITEM: A City initiated rezoning for the Head Start building and a portion of Catherine
Strong Park involving Track B of the Auburn Trace Subdivision. The proposed
rezoning is from RM (Residential Medium Density) in part and OSR (Open Space
Recreational) in part to CF (Community Facility).
GENERAL DATA:
Owner /Applicant .................
Agent ................................
Location ..................................
Property Size ..........................
Future Land Use Map .............
Zoning Designation .................
Adjacent Zoning......... North:
East:
South:
West:
Existing Land Use ...................
Proposed Land Use ...............
Water Service .........................
Sewer Service ........................
City of Delray Beach
Mr. David Harden
Located on the west side of Aubum
Avenue.
3.64 acres
MD (Medium Density)
RM (Residential Medium Density)/OSR
(Open Space and Recreation)
CF (Community Facility)
RM (Multiple Family Residential)
LI (Light Industrial)
OSR (Open Space Recreational)
Vacant
Community Facility /Head Start
Building
Water service will be provided via a
service lateral connection to the existing 8"
main located along the west side of
Aubum Avenue r-o-w.
Sewer service will be provided via a
service lateral connection to the existing 8"
main that traverses (north to south) the
Carver Recreation Facility - Village
Academy located to the north of the
subject property.
The action before the Board is that of making a recommendation to the City Commission on a
City initiated rezoning from RM (Multiple Family Residential -Medium Density) in part and OSR
(Open Space Residential) in part to CF (Community Facility), for a proposed 19,000 sq. ft.
building and assoaate parking to house the Head Start program pursuant to LDR Section
2.4.5(D).
The subject property is located on both the (2.5 acres) western portion of Track "B" of the
Auburn Trace subdivision, and the (1.39 acres) eastern portion of Catherine Strong Park on the
west side of Aubum Avenue.
Pursuant to Section 2.2.2(E) (6) of the Land Development Regulations, the Planning and Zoning
Board shall review and make a recommendation to the City Commission with respect to the
rezoning of any property within the City.
The subject property contains approximately 3.64 acres and is made up of Track "B" of the
Aubum Trace Subdivision (2.5 acres) and a portion of the adjacent Catherine Strong park
properly (1.39 acres). The subject property is owned by the City of Delray Beach, a portion of
which was used in the construction of the Catherine Strong Park and a portion previously
utilized as water retention area for the adjacent Aubum Trace development. The balance of the
retention area located to the east of the properly occupies approximately 2.77 acres and will
continue to be used as dry detention and a retention pond by the Village at Delray multiple
family development to the east and by the City as identified in Exhibit "A".
The proposed rezoning is being sought in order to arx:ommodate deveopment of a future
community facility to house the 19,000 sq. Head Star building. This rezoning request is now
before the Planning and Zoning Board for action.
The subject property is currently zoned partly RM (Multiple Family Residential -Medium
Density) and OSR (Open Space Recreational). The proposal is to change the zoning
designation of the 3.64acre property from RM (Multiple Family Residential -Medium Density}
and OSR (Open Space Recreational to CF (Community Faglity). Pursuant to the LDR Section
4.4.21(6)(4), within the CF zoning district, services, such as: child care centers and day care
centers, are permitted uses. Child care centers are conditional uses and are not currently
allowed under the current RM zoning designation, and thus, a rezoning to CF is being
requested. Pursuant to Table L-7, Zoning Districts and Future Land Use Map Categories of the
Comprehensive Plan, it is noted that the proposed CF zoning designations (Community Facility)
is consistent with all underlying land use map designations including the existing MD (Medium
Density) and CF (Community Faality) designation.
REQUIRED FINDINGS: (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 Future Land Use Map,
Planning and Zoning Board Staff Report -Meeting of September t 5, 2008
Proposed Building for the Head Start Program -Rezoning
Concurrency, Comprehensive Plan Consistency and Compliance with the Land
Development Regulations.
FUTURE LAND USE MAP: The resulting use of land or structures must be allowed in the
zoning district wkhin which the land is situated and said zoning must be consistent wkh
the applicable land use designation as shown on the Future Land Use Map.
The subject property has a Future Land Use Map (PLUM) designation of MD (Medium Density
5-12 du/ac) in part and CF (Community Facility) in part and is currently zoned RM (Residential
Medium Density) in part and OSR (Open Space Recreational) in part. The proposed CF zoning
designation (Community Facility) is consistent with the MD and CF Future Land Use Map
designations. The proposal is to establish a Head Start program to be operated by Palm Beach
County. Pursuant to the LDR Section 4.4.21(8)(4), within the CF zone district, services, such
as: child care centers and day care centers, are permitted uses. Based upon the above,
positive findings can be made with respect to Future Land Use Map Consistency.
Concurrency: Concurrency as defined pursuant to Ob)ectlve B-2 of the Future Land Use
Element of the Comprehensive Plan must be met and a determination made that the
public facility needs of the requested land use and/or development application will not
exceed the ability of the City to fund and provide, or to require the provision of, needed
capital Improvements in order to maintain the Levels of Service Standards established in
Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach.
The development proposal is to build a 19,000 sq. ft. building to accommodate a Head Start
program to be operated by Palm Beach County. This facility will not have a negative impact
with respect to Concurrency as it relates to traffic, parks and recreation, solid waste, drainage or
schools. While specific findings will be made with future development approvals of the site plan
following is a brief discussion as k relates to the rezoning.
Water and Sewage:
• Water service will be provided via a service lateral connection to the existing 8° main
located along the west side of Aubum Avenue r-o-w.
• Sewer service will be provided via a service lateral connection to the existing 8° main
that traverses (north to south) the Carver Recreation Facility -Village Academy located
to the north of the subject properly.
• Fire suppression is provided by a fire hydrant which is located across the street on the
east side of the properly within the Aubum Avenue right-of-way. However, additional fire
suppression may be required and provided via installation of fire hydrants on ske at the
entrance to the Head Start property and parking lots.
Pursuant to the City's Comprehensive Plan, treatment gpacity is available at the City's Water
Treatment Plant. and the South Central County Waste Water Treatment Plant for the City at
build-out. Based upon the above, positive findings can be made with respect to this level of
service standards.
Streets and Traffic:
There is adequate capacity on the surrounding roadway network to accommodate the additional
trips that may be generated by the Head Start facility and therefore a positive finding can be
made with respect to this level of service standard.
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Planning and Zoning Board Staff Report -Meeting of September 15, 2008
Proposed Building for the Head Start Program -Rezoning
Parks and Recreation Facilities:
Park dedication requirements do not apply for non-residential uses. Thus, the proposed
development will not have an impact with respect to this level of service standard. The
proposed Head Start program will fulfill a need as ident~ed by the supporting Objectives and
Policies of the Comprehensive Plan and will provide the desired level of service for day care
center and other social services as required for the community.
Solid Waste:
The proposal calls for construction of a 19,000 sq. ft. Head Start building. Trash generated
each year by the proposed 19,000 sq. ft. building will be equivalent to 101.65 tons of solid waste
per year [19,000 sq. ft. x 10.7 lbs. = 203,300 lbs./2,000 = 101.65 tons]. The Solid Waste
Authority has indicated that its facilities have sufficient cepadty to handle all development
proposals till the year 2021, thus a positive finding with respect to this level of service standard
can be made.
Zoning Consistency and Compliance with the Land Development Regulations with respect to
Standards for Rezoning Actions and Rezoning Findings are discussed below.
Consistencv: A finding of overall consistency may be made even though the action will
be in conflict wkh some individual performance standards contained wkhin Article 3.2,
provided that the approving body specifically finds that the beneficial aspects of the
proposed project (hence compliance with some standards) outweighs the negative
impacts of identified points of conflict.
Section 2.4.5(Dl (51(Rezonina Findlnas):
Pursuant to Section 2.4.5(D) (~ (Findings), in addition to provisions of Chapter 3, 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 originalty 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 k is more auorouriate for the property based upon
circumstances particular to the site and/or neighborhood.
The requested zoning "rF of similar intensity as allowed under the Future Land Use Map and is
more appropriate for the properly based upon the circumstances particular to the site and the
neighborhood. The applicant is requesting a rezoning from Residential Medium Density (RM) in
part and Open Space Recreational (OSR) in part to Community Facility (CF) in order to build a
19,000 sq. ft. building to accommodate the Head Start program. As part of the Southwest Area
Neighborhood Redevelopment Plan this area is ident~ed as, "The Village Center". This area
calls for the expansion of community based facilities including but not limited to an expanded
Village Academy, new administrative and community service centers and new Head Start and
Boys and Girls Club facilities. This rezoning helps facilitate this redevelopment goal.
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Planning and Zoning Boats Statf Report- Meetlng of September 15, 2005
Proposed Building for the Head Start Program -Rezoning
Objective A-1 of the Future Land Use Element of the Comprehensive Plan states that property
shall be redeveloped in a manner so that the use and intensity is appropriate and
complimentary to adjacent land uses and fulfills remaining land use needs.
The Carver Park residential development and Village Academy are located to the north of the
subject property and are zoned Single Family Residential (R-1-A) and Community Fadlity (CF)
respectively. The Village at Delray and Village Square multiple family residential developments
will be built to the east of the subjed property. The Boys and Girls Club abuts the subject
property to the southwest and is zoned OSR (Open Space & Recreation). A CF zoning
designation would be complimentary to these surrounding uses. The proposed development
will be compatible wtth the surrounding area and the neighborhood and will fuffil the
development diredions called for in the redevelopment plan. Based upon the above, positive
findings can be made with respect to LDR Section 2.4.5(D) (5) (Rezoning Findings)
Section 3.2.2 (Standards for Rezonina Actions): Standards A, B, C, and E are not
applicable. The applicable performance standards of Section 3.2.2 are as follows:
(D) 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 following zoning designations and uses border the subjed property:
ZAnin Desi nation: Use:
North: Community Facilities (CF) Carver State Village Academy,
Recreational Fadli
Soufh: Light Industrial (LI) Warehouse, Distribution, Office
Structure
East: Multiple Family Residential -Medium
Densi RM Future site of Village at Delray Multiple
Famil Residential Develo ment
West: O en S ace Recreational OSR Catherine Stron Park
The Aubum Avenue area and the Village Center corridor contain a mix of uses including
multiple family residential developments, school, park, and other community fadlities.
The proposed development is considered compatible with each of the surrounding land
uses.
The subject property is located within the borders of the Southwest Area Neighborhood
Redevelopment Plan, and is more spedFically induded within sub-area #3 and is known
as "The Village Center". This sub-area extends from SW 3'~ Street to S.W. 10"' Street.
The Agencies currently based within the Village Center corridor indude the Village
Academy, the Boys and Girls Club, the Delray Beach Housing Authority, and other
service providers. The Southwest Area Neighborhood Redevelopment Plan
recommends that sub-area #3 (the Village Center) be redeveloped to create a seamless
service network linking education, social, and recreation services and fadlities to meet
the needs of the southwest area neighborhood. The proposed development will further
these goals and will improve the safety of the area as well as its long term stability.
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Planning and Zoning Board Staff Report- Meeting of September 15, 2008
Proposed Building for the Head Start Program -Rezoning
Based upon the above, positive findings qn be made with respect to LDR Section 3.2.2
(Standards for Rezoning Actions).
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable objectives and policies are noted:
Housing Element Policv A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the stability of
nearby neighborhoods. Factors such as noise, odors, dust, trefflc volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability
and stability of residential areas. If it is determined that a proposed development will result in a
degradation of any neighborhood, the project shall be mod~ed accordingly or denied.
Carver Park residential development abuts the subject property to the northwest across S.W. 6"'
Street and is zoned Single Family Residential (R-1-A). The Arnold Industrial Condominium are
located south of the subject property and are zoned Industrial (I). The Boys and Girls Club abuts
the subject properly to the west and is zoned OSR (Open Space & Recreation). The Village
Academy School abuts the property to the north and the new mult'rfamily uses are proposed on
the property to the east.
The development will not increase noise, odor, or dust. Based upon the above, the proposed
development will not negatively impact the stability of the adjacent residential areas and will
accent the service uses of the southwest area neighborhood, and thus, positive findings can be
made with regard to Housing Element Policy A-12.3.
Future Land Use Element Objectfve A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent land
uses, and fulfills remaining land use Heads.
The proposed development is considered compatible with each of the surrounding land uses
and shall be adequately buffered from the adjacent properties. Based upon the above, no
compatibility issues will exist between the proposed development and the surrounding land uses
and positive findings can be made with regard to Future Land Use Element Objective A-1.
Transaortation Element Policv D-2.2: Bicycle parking and facilities shall be required on all
new development and redevelopment
During the site plan evaluation process the development proposal will be required to
accommodate a bicycle parking facility in close proximity to the main entrance of the building.
The development proposal is located within the geographical area requiring review by the CRA
(Community Redevebpment Agency).
Community Redevelopment Asrency
At its meeting of August 28, 2008, the CRA Board reviewed and recommended approval of
the proposed rezoning.
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Planning and Zoning Board Staff Report-Meeting of September 15, 2008
Proposed Building for the Head Start Program -Rezoning
Courtesy Notices:
A speaal courtesy notice was provided to the following Homeowners and Civic Associations:
^ Ms. Bunny Elrod
^ Mr. Nick Simeus
^ Neighborhood Advisory Council
• Dorothy Ellington, Delray Beach Housing Authoriiy
Public Nottce:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of objection and support, 'rf any, will be presented at the Planning and Zoning
Board meeting.
The proposed rezoning from RM in part and OSR In part to CF Is consistent with the goals,
objectives and/or policies of the City's Comprehensive Plan, LDR Sections 2.4.5(D) (5), 3.1.1
(Required Findings), and 3.2.2 (Standards for Rezoning). The rezoning helps accomplish the
relocation of the service use (Head start program) consistent with the Village Center concept
identified in the Southwest Neighborhood Redevelopment Plan. Positive findings can be made
with respect to Concun-envy and Compatibility with the surrounding land uses.
With respect to LDR Sections 2.4.5(D) (5) and 3.2.2 (D), the proposed rezoning of the subject
property to CF is appropriate. The subject property is located within an area containing
residential area, school facility, the Boys and Girls Scout building and Catherine Strong park
and recreational facilities. Both the current zoning of RM and the proposed rezoning of CF are
appropriate zoning designations for the property based on the FLUM designation of MD. Based
upon the above, a recommendation of approval can be made to the City Commission.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the City initiated rezoning
from RM in part and OSR in part to CF to accommodate the Head Start facility, by adopting
the findings of fad and law contained in the staff report, and finding that the request is
consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D)
(5), 3.1.1 and 3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the City initiated rezoning
from RM in part and OSR in part to CF to accommodate the Head Start facility, by adopting
the findings of fad and law contained in the staff report, and finding that the request is
inconsistent with the Comprehensive Plan and does not meet the criteria set forth in
Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
D. Board's Discretion.
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Planning and Zoning Board Staff Report - Meeting of September 15, 2008
Proposed Building for the Head Start Program -Rezoning
Move a recommendation of approval to the City Commission for the City initiated rezoning from
RM in part and OSR in part to CF to accommodate the Head Start facility, by adopting the
findings of fact and law contained in the staff report, and finding that the request is consistent
with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and
3.2.2 of the Land Development Regulations.
i
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Attachments:
• Exhlblt "A :Conceptual Master plan
• Exhibk'B": Property Legal l~cdpkon
• Zoning Map
Report prepared by: F~tefio Breto, Senior Planner
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EXHIBIT "B"
DESCRIPTION OF THE "HEAR START PROPERTX OR PREMISES"
•~.
LEGEND:
(C) =CALCULATED
CY =CENTERLINE
D.E. w DRAINAGE EASEMENT
' (O.R.B. 20273, PG. 1347. P. B.C.R.)
O.R.B. w OFFlCIAL RECORD BOOK
(P) .PER THE PLAT OF
AUBURN TRACE,
(P.B. 64. PGS. 184-786, P.B.C.R.),
(p2) = SUBDI~fB ,~Sf ~~'§ECTION 20,
f
465, RANGE 43E
TOWNSHIPj
P.B. ' w PLAT BOOR
P.B.C. =PALM BEACH COUNTY
P.e.C.R.= PALM BEACH COUNTY
RECORDS
PG. w PAGE
S Ff = SOUARE FEET MORE OR LESS
NOTES:
1, BEARINGS DEPICTED HEREON ARE RELATIVE TO THE NORTH LINE OF TRACT B, AUBURN
TRACE', ACCORDING TO THE PLAT (HEREOF AS RECORDED IN PLAT BOOK 64. PAGES 184
THROUGH 186 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LINE
DEPICTED AS HAVING A BEARING OF NORTH 89'43'47" EAST ON SAID PLAT.
2. THE UNDERSIGNED MAKES NO REPRESENTA710NS.OR GUARANTEES AS TO THE INFORMATON
REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS OF WAY, SETBACK LINES,
AGREEMENTS AND OTHER MATTERS, AND FURTHER, THIS INSTRUMENT IS N07 INTENDED TO
REFLECT OR SET FORTH ALL SUCH MATTERS SUCH INFORMAHON SHOULD BE OBTAINED .
AND CONflRMED BY OTHERS THROUGH APPROPRIATE TITLE VERIFlCATION. LANDS SHOWN
HEREON WERE NOT ABSTRACTED-FOR RIGHTS OF WAY AND/OR EASEMENTS OF RECORD..
3. THIS INSTRUMENT NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISEp
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER-
4 6599UANDSTHE CERTI ~LiGUSURVEY0R5 L~GENCE IS LS ;t5888.SOgATES INC. IS La
5. THIS IS NOT A SURVEY. t-,-~~ REN90N5--~~
1 t 1 rts/~s/a91 RE7ng PFR P.&C CO-WEN75 L I
Dennis J. LeavyBAssoclates, Inc. slcErcn°utat:rurt«'"
Fa: Palm Beech Count
Land SuIYCVOrs • MaPpars Proporty Fwd Eames MeruflemeM Divkion
•an ta,.mr..... nrir Wnv • Stets B F ... ~ .....i ~..... ,u"¢.... ...e i..e
SKETCH & DESCRIPTION
1.
..
i
NORTH LINE OF THE WEST
1/2 OF LOT 18 (P2)
PLAT LIMITS
POINF OF BEOINNIN4 ~ .
NORTHWEST CORNER ~ TRACT B.(P)
.~
O RAIL L=117.81' 25' (P)
°:~OESCRIBEO AREA -{P
156,288 S.F.f R=150.00'
m~j/~//j//j ~ 6=45'00'00' '~
,v~
N89'43'47"E 684.41' (P}
r o.-.
~ /a * ~ TRACT 8
;/ 97,808 S.F
~s
/~
~ Y
LL M
~
N y
, ~/
/
a
g
/
m o~ /
O ~ •p ... TRACT B
o' a (P) I
fu 'SO
c4 Q
r ~~
2. ^~ ~
(P) N69'29'23'E
L 130.76'
SOUTH UNE OF THE
WEST 1/2 OF LOi 18
(P2)
A
TRACT C /
L=66.16' \ (P)
~R~2t0.00
M18'03'00"
A
-TRACT C PLAT LIMITS (P)-
(P)
f50' 75' 0 150'
fiRAWNC SCALE IN FEET
Sru r• 1' = 150'
Dennis J. Leavy & AssOCiates, Inc. g~T~+ a °~
Land 5unreyors • Mappers plaPertY Reei'I Mean
460 Business Park Way • Suite B S(S4.E I,=~~,
Royal Palm Beach, Florida 33411 °~~ RRN
Phom 681 76J-0630 Rm~ 5B/ 753-0000 F.B./PG. N/A JOB/c ~* e
Divbbn
s2/2e/
f3 aF'
Baca FtatonjUelray Eieach News -l-nday L~ Saturday, October tU-1 i, ~UUtt . www bocanews.com
CITY 4F DELRAY BEACH,fLORIDA
I NOTICE Of RUBLIC HEARING
IA PUBLIC HEARING will be hekf vr.
~ih2 igio,;ing prgpgsed ordinances al
'7:00 p.m. on TUESDAY, DCT08ER
2t, 2008 {or at any conCinualign of
such meeting which is set by the
~ Cnmmissivn), in Iho Cily Commission
Chambers, 700 N.W. 1st Avenue, Deh
my Beach, Florida, al whlGl tlme the
City Commission will consider thou
adoption. The proposed ordinances
may be inspected at [t>r Oliice of [h2
City Clerk at City Ha@, 700 N.W. 7sf
Avenue, Delray Reath, Florida, he~
'.. Iween the hours of R:00 a.m-and 5:00
''........ p.m., Monday through Friday. except
'', t~idays. All arleressed parties arc rn~
oiled to aY~end a~ be heard with re~
sped m the proposed ordinances.
, ORDINANCE N4.9fiAfi
' AN ORDINANCE DF THE CITY CDM~
MISSION DF THE CITY OF DELRAY
EEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY
ZONED RM (MEDIUM DENSITY
RESIDENTIAL) AND DSR (OPEN
SPACE AND flEGREATiONj D1S~
TRICT TD CF (COfdMUtJITY
FAGILITIES~ DISTRICT; SAID LAND
BEING A PARCEL LOCATED DN
THE SOUTH SIDE Of SW 6TH
STREET AND WEST OF AUBURN
AVENUE, A$ MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING
'ZONING MAP OF DELRAY BEACH,
FLORIDA, APRIL 2001"; PROVIDING
A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFEC-
TIVE DATE.
ORDINANCE NO. b7-Oa
AN pRDINANCE OF THE CITY COM-
MISSION OF THE CITY DF DELRAY
EEACH. FLORIDA, AMENDING
CHAPTER 52, 'WATER" OF THE
CODE DF ORDINANCES BY EN-
`ACTING SECTION 52.06, `PR'MA
FACIE EVIDENCE OF VIOLATION
OF SECTION 52.b5', ANp BY
AMENDING SECTION 52.44.
"PENALTY', TO CLARIFY WHAT
WILT. BE CONSIDERED EVIDENCE
DF TAMPERFNG WITH A WATER
METER ANp THE PENALTY THAT
MAY BE IMPOSED; PROVIDING A
SAVING CLAUSE, A GENERAL RE~
PEALER CLAUSE, AND AN EFFEC-
TIVE DATE.
Please be advised Thal it a person de~
odes 1p appeal any decsign made by
(the Cily Commission with respect to
any maaer cons.-dered ar Inase near
(ings. sorb person may ieetl Io ~ sum
Iha: a verbatim recortl includes me
~' {esUmony and evidanee upon whKh
'.. the appeal is ip be based The City
des nbt provide nor preface such
'rzmrd pursuam to F.S. 26b.Of05.
I CITY OF DELRAY BEACH
Cheaeae 0. Nutzn,';~,;~
City Cork
PURLiSH; Friday, October t0.2~6
Roca RdtOntDa"ray Beach News
?sy
~,