Ord 50-02ORDINANCE NO. 50-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING LAND
PRESENTLY ZONED COUNTY PUD (PLANNED UNIT
DEVELOPMENT) DISTRICT TO PRD (PLANNED
RESIDENTIAL) DISTRICT; SAID LAND BEING A 34.6
ACRE PARCr2J. LOCATED AT THE SOUTHEAST CORNER
OF THE L-BO CANAL AND MILITARY TRAIL, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 2002";
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 Delmy Beach, Florida, dated September, 2002, as being zoned County PUD (planned Unit
Development) District; and
WHEREAS, at its meeting of September 23, 2002, 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, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray Beach, Horida, be, and the
same is hereby amended to reflect a zoning classification of PRD (planned Residential) District for
the following described property:
All of the plat of Winterplace (plat Book 89, Page 179, as recorded in the Public
Records of Palm Beach County, Florida)
Section 2. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform
with the provisions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That should any section or provision of this ordinance or any portion thereof,
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 paxt declared to be invalid.
Section 5. That this ordinance shall become effective immediately upon passage on second
and final reading.
PASSE~A.~ ADOPTED in reg~l-r session on second and final reading on this the
day oft/.ff~'t/~.J ,2002. ·
ATTEST
City Clerk
First Reading~~-g/ /'' ,~,~
Second Rea~~~e~~~ ~.' /D'~
MAYOR
2 ORD NO. 50-02
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~i
AGENDA ITEM # I t~ ~ . REGULAR MEETING OF OCTOBER 15, 2002
ORDINANCE NO. 50-02 {WINTERPLACE SUBDIVISION)
OCTOBER 11, 2002
This ordinance is before Commission for second reading and a quasi~idal headng for rezoning from
County PUD (Planned Unit Development) to Cxty PRD (Planned Residential Development) for the
Winterplace Subdivision, now known as the Colony at Dekay Beach, located on the east side of
Military Trail, approximately 1/2 mile north of Lake Ida Road, just south of the LWDD L-30 Canal.
The subject property is approximately 34.6 acres and contains 151 zero lot line detached single family
homes.
The Planning and Zoning Board held a public hearing in conjunction with the request. After
discussing this proposal, the Board voted 5-0 to recommend that the request be approved, based
upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development
Regulations (LDR), policies of the Comprehensive Plan, and LDR Section 2.4.5 (D)(5).
At the first reading on October 1, 2002, the City Commission passed the Ordinance No. 50-02
unanimously.
Recommend approval of Ordinance No. 50-02 on second and final reading.
S:\C~ty Clerk\chevelle folder\agenda memos\Ord.50 02 10 15 02 Rezomng Wmterplace Sulxhv,saon
..... MiSSION'~'D0CUM ENTATION'
FROM: DAN MARFINO, PRINClPAL, XPLANNER"~h~_~--
SUBJECT: MEETING OF OCTOBER 1, 2002 *FIRST READII~G*
REZONING FROM COUNTY PUD (PLANNED UNIT DEVELOPMENT) TO CITY PRD
(PLANNED RESIDENTIAL DEVELOPMENT) FOR THE WINTERPLACE
SUBDIVISION, LOCATED ON THE EAST SIDE OF MILITARY TRAIL,
APPROXIMATELY % MILE NORTH OF LAKE IDA ROAD, JUST SOUTH OF THE
LWDD L-30 CANAL.
The subject property is the plat of Winterplace (Plat Book 89, Page 179), recorded in February of
2001. The site, now known as The Colony at Delray Beach, contains 151 zero lot line detached single
family homes, situated on 34.6 acres land.
At its meeting of July 16, 2002, the City Commission approved transmittal of Comprehensive Plan
Amendment 2002-1 (02-1), to the Department of Community Affairs for review, and approved on first
reading the voluntary annexation of the Winterplace Subdivision, pursuant to a water service
agreement dated March 8, 2000. Comprehensive Plan Amendment 02-1 included the assignment of
the City's Future Land Use Map Designation of LD (Low Density Residential, 0-5 du/ac), and zoning
district of PRD (Planned Residential Development) for the subject property, which are consistent with
each other. Due to an advertising error, which inadvertently left out the rezoning aspect of the
amendment, the re-approval of the zoning aspect only, is necessary.
At its meeting of August 3, 2002, the City Commission approved the second and final reading of the
voluntary annexation of the subdivision. As a result of this annexation, the subdivision maintained its
existing County Zoning and Future Land Use Map Designations; until such time that Comprehensive
Plan Amendment 02-1 is adopted. The second and final reading of this rezoning request will coincide
with the adoption hearing for Comprehensive Plan Amendment 02-1, which is anticipated for October
15, 2002.
Additional background and a complete analysis is found in the attached Planning & Zoning Board
Staff Report.
I ' , .................... pLAN,lNG AND ZONING BO/~RD'~¢ONS[DERAT!,0N ............ ::: ", ,,I
At its meeting of September 23, 2002, the Planning and Zoning Board considered the request at a
public hearing. There was no public comment concerning this item. After reviewing the staff report and
discussion, the Board voted 5 to 0 (Krall and Pike absent), to recommend approval, Positive findings
with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of
the Comprehensive Plan, and LDR Section 2.4.5(D)(5).
By motion, approve on first reading the ordinance for the rezoning request from County PUD (Planned
Unit Development) to City PRD (Planned Residential Development), based upon the findings and
recommendation by the Planning and Zoning Board, and set a public hearing date of October 15,
2002.
Attachment:
· P & Z Staff Report of September 23, 2002.
· Ordinance
S:~ P&Z~boards~cttycornmission~WinterPlaceRZ-CCDoc. doc
/2.5
ORDINANCE NO. 50-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DF.I.KAY BEACH, FLORIDA, REZONING LAND
PRESENTLY ZONED COUNTY PUD (PLANNED UNIT
DEVELOPMENT) DISTRICT TO PRD (PLANNED
RESIDENTIAL) DISTRICT; SAID LAND BEING A 34.6
ACRE PARCF. I. LOCATED AT THE SOUTHEAST CORNER
OF THE L-30 CANAL AND MILITARY TRAIL, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DFJ.R. AY BEACH, FLORIDA, 2002";
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 September, 2002, as being zoned County PUD (Planned Unit
Development) District; and
WHEREAS, at its meeting of September 23, 2002, 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, 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 DFJJLAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of PRD (Planned Residential) District for
the following described property:
All of the plat of Winterplace (Plat Book 89, Page 179, as recorded in the Public
Records of Palm Beach County, Florida)
Section 2. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform
with the provisions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 5. That this ordinance shall become effective immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ., 2002.
ATrEST
MAYOR
City Clerk
First Reading
Second Reading
2 ORE} NO. 50-02
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant ...............
Location ..........................
Property Size ..................
Existing FLUM ................
Current Zoning ................
Proposed Zoning .............
Adjacent Zoning .....North:
East:
South:
West:
Existing Land Use ............
Proposed Land Use .........
Water Service ..................
Sewer Service ..................
September 23, 2002
IV. C.
Rezoning From (County) PUD (Planned Unit Development) To (City) PRD (Plann~l
Residential Development) For a 34.6 Acre Parcel, the Winterplace Subdivision (now
known as The Colony at Delray Beach), Located at the Southeast Corner of Military
Trail and the L-30 Canal. (Quasi-Judicial Hearing)
Colony of Palm Beach
Located at the Southeast
Comer of the L-30 Canal
and Military Trail.
34.6 Acres
County MR5 (Medium
Residential - 5 units/acre)
County PUD (Planned Unit
Development)
I
L 6AN~,L L-30.
i
;
--, LAKE IDA ROAD
PRD (Planned Residential)
County AR (Agricultural Residential)
& RTU (Residential
Transitional Urban)
AR (Agricultural Residential)
AR (Agricultural Residential) & RS
(Single Family Residential)
PO (Public Ownership District)
& AR (Agricultural Residential)
Residential
Same as existing
Existing on site
Existing on site
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation on a City Initiated
rezoning from County PUD (Planned Unit Development) to PRD (Planned Residential
Development) for the Winterplace Subdivision.
Pursuant to Section 2.2.2(E)(6), the Local Planning Agency shall review and make a
recommendation to the City Commission with respect to the rezoning of any property
within the City.
The subject parcel is located on the east side of Military Trail, approximately % mile
north of Lake Ida Road, just south of the LWDD L-30 Canal.
I" " KGR0 O
' ~BAC UN
I
The subject property is the plat of Winterplace (Plat Book 89, Page 179), recorded in
February of 2001. The site, now known as The Colony at Delray Beach, contains 151
zero lot line single family homes, situated on 34.6 acres land.
At its meeting of July 16, 2002, the City Commission approved transmittal of
Comprehensive Plan Amendment 2002-1 (02-1), to the Department of Community
Affairs for review, and approved on first reading the voluntary annexation of the
Winterplace Subdivision, pursuant to a water service agreement dated March 8, 2000.
Comprehensive Plan Amendment 02-1 included the assignment of the City's Future
Land Use Map Designation of LD (Low Density, 0-5 du/ac), and Zoning district of PRD
(Planned Residential Development) for the subject property. Due to an advertising error,
which inadvertently left out the rezoning aspect of the amendment, the re-approval of
the zoning aspect only, is necessary.
At its meeting of August 3, 2002, the City Commission approved the second and final
reading of the voluntary annexation of the subdivisioq. As a result of this annexation,
the subdivision maintained its existing County Zoning and Future Land Use Map
Designations; until such time that Comprehensive Plan Amendment 2002-1 (02-1) is
adopted.
The second and final reading of this rezoning request will coincide with the adoption
hearing for Comprehensive Plan Amendment 2002-1. The first hearing is currently
scheduled for the City Commission Meeting of October 1,2002, with the second reading
on October 15, 2002.
The subject property, although only recently annexed into the City, has several
additional City land use actions associated it, which are summarized chronologically
below:
Planning and Zoning Board Staff Report
Winterplace Rezoning
Page 2
February 4, 1994: City Commission approved a water service agreement for the
subject property. The agreement was to allow the establishment of a wholesale nursery
operation (Southern Ornamental Plants).
September 5, 1995: City Commission approved a Future Land Use Map amendment
for the property from the City's advisory Future Land Use Map designation of RR (Rural
Residential) to City LD (Low Density Residential, 0-5 units/acre). This created
consistency with the County's designation of the property of MR-5 (Medium Density
Residential - 5 units per acre).
January 27, 1997: Planning and Zoning Board approved a conceptual master plan for
173 single family units and recommended approval to the City Commission of the
associated water service agreement.
February 4, 1997: City Commission approved the water service agreement for the
proposed 173 unit development.
October 11, 1999: Planning and Zoning Board approved a master development plan for
151 single family units.
November 2, 1999: City Commission approved the current water service agreement for
the proposed 151 single family subdivision.
There have been several master plan modifications to the project subsequent to these
approvals, none of which were considered a material change to the project. The
developers of the subdivision have submitted a site plan modification, which is currently
in process.
Currently the subject area is platted as a 151 unit single family subdivision.
Approximately 6 units have been constructed and sold, and several additional units are
under construction.
PROJECT ?DESCRIPTION
The proposal before the board is to apply a City zoning designation of PRD (Planned
Residential Development) to the 151 unit subdivision. The existing County zoning of
PUD (Planned Unit Development) will be maintained, until this request is forwarded with
Comprehensive Plan Amendment 02-1 for final adoption.
ZONING ANALYSIS
REQUIRED FINDINGS: (Chapter 3)
P~,muant 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
Planning and Zoning Board Staff Report
Winterplace Rezoning
Page 3
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 development subdivision contains 151 single family homes, and will recieve a PRD
(Planned Residential Development) zoning designation. The 34.6 acre development
will have an overall density of 4.36 units/acre. Planned single family communities are. a
permitted use within the PRD zone district. Further, this development received master
plan approval from the City on October 11, 1999. As part of the' master plan approval,
the proposed development was reviewed under the PRD criteria, and it was identified
that upon annexation this development would be assigned to the PRD zone district.
The PRD zone district, with a density 4.36 units/acre, is consistent with the LD (Low
Density Residential, 0-5 unit/acre) FLUM designation.
· Concurrency -- Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
Findings of Concurrency for the 151 unit single family subdivision were made at the time
of the master plan approval, approved in 1999. There will be no changes to the
development. However, the following summary is provided.
Water: Water service is currently provided from a connection to 12" water main on the
east side of Military Trail and along the property's south property line, which connects to
the existing mains within Military Trail and Barwick Road, as per the approved
development plan.
Sewer: Sewage mains and a new lift station sized for future development have been
constructed as part of the infrastructure improvements of Winterplace development.
Pursuant to the Comprehensive Plan, treatment capacity is available at the South
Central County Waste Water Treatment Plant for the City at build-out.
Streets and Traffic: A traffic study was been provided to the Palm Beach County
Traffic Division during the master development plan process. This study indicated that
the proposed 151-unit single family development will generate 1,510 new vehicle trips
onto the surrounding roadway network. With the widening of Lake Ida Road, there is
sufficient capacity available to accommodate the impact of the development.
Parks and Recreation Facilities: The single family residences will not have a
significant impact with respect to level of service standards for parks and recreation
facilities. Upon annexation, each unit constructed will be required to pay the City's
recreation impact fee of $500.
Solid Waste: Trash generated each year by this development (when fully developed),
will be approximately 1.99 tons per single family residence per year (151 units) for a
Planning and Zoning Board Staff Report
Winterplace Rezoning
Page 4
total of 300.49 tons/year. This increase can be accommodated by existing facilities and
thus, will not be significant with respect to this level of service standard.
Section 3.2.2 (Standards for Rezoning Actions): Standard A, B, C and E are not
applicable with respect to this rezoning request. 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 uses both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist ,to
properly mitigate adverse impacts from the new use.
As the property is platted for a 151 single family units, and has received approval
previously from the City, as well as the County, in the form of a master plan,
compatibility with all adjacent uses is not a concern. Perimeter landscape buffers
are provided to mitigate any potential impacts with adjacent properties.
Section 2.4.5(D)(5) (Rezonin.q Findings):
Pursuant to Section 2.4.5(D)(5), in addition to the 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.
Items "b" and "c" are the basis for which the rezoning should be granted. The property
is in the unincorporated area of Palm Beach County, however, it is within the City of
Delray Beach Planning Area, as defined in the Comprehensive Plan. The subject
property is being voluntarily annexed into the City, pursuant to the water service
agreement, which requires that appropriate City zoning designations be applied. The
requested PRD (Planned Residential Development) zone district is consistent with the
proposed LD (Low Density Residential, 0-5 units/acre) designation, and is similar to the
existing County PUD zone district.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
As stated previously in this report, compliance with the Land Development Regulations
was addressed with the Master Plan approval, which was approved by the Planning &
Zoning Board at their meeting of October 11, 1999. Given this fact, a positive finding
with respect to compliance with the City's Land Development Regulations can be made.
Planning and Zoning Board Staff Report
Winterplace Rezoning
Page 5
REVIEW~ BY OTHERS ' I
The subject property is not in a geographical area requiring review by the CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority) or the
HPB (Historic Preservation Board).
Palm Beach County Notice:
On April 10, 2002 the Palm Beach County Planning Division was notified of the City's
intent to annex this property, and assign initial Future Land Use Map Designations and
zoning designations. Palm Beach County does not object to these actions.
IPARC Notice:
Notice'of the Future Land Use Map Amendment, which included the proposed
rezonings, was provided to the Interlocal Plan Amendment Review Committee (IPARC)
which distributes the information to adjacent municipalities. No objections were
received.
Courtesy Notice:
Courtesy notices were sent to the following homeowner's and civic associations:
· Progressive Residents of Delray (PROD)
· President's Council
· Delray Shores HOA
· Barwick Estates HOA
· Lake Forest South HOA
Rainberry Bay HOA
RainberryWoods HOA
· Rainberry Lakes HOA
· Barwick Estates HOA
· Sabal Lakes HOA
· Chatelaine HOA
· Country Manors HOA
· Don Klein (Barwick Estates)
Public Notice:
Formal public notice has been provided to all property owners within a 500 foot radius of
the subject property. Letters of objection, if any, will be presented at the Planning and
Zoning Board meeting.
Planning and Zoning Board Staff Report
Winterplace FLUM & Rezoning
Page 6
ASSESSMENT AND CONCLUSIONS
The requested zone district of PRD (Planned Residential Development) is consistent
with the proposed Future Land Use Map designation of LD (Low Density Residential, 0-
5 units/acre), which will be adopted with Comprehensive Plan Amendment 02-1. In
addition the PRD (Planned Residential Development) zone district is consistent with
analysis preformed as part of the master plan approval for this development, prior to
annexation.
f~' ALTERNATIVE~-ACTIONS " ~
A. Continue with direction.
Recommend approval of the rezoning request from County PUD (Planned Unit
Development) to PRD (Planned Residential Development), based upon positive
findings with respect to Chapter 3 (Performance Standards) of the Land
Development Regulations, policies of the Comprehensive Plan, and LDR Section
2.4.5(D)(5).
Recommend denial of the rezoning request from County PUD (Planned Unit
Development) to PRD (Planned Residential Development), with the basis stated.
Recommend approval of the rezoning request from County PUD (Planned Unit
Development) to PRD (Planned Residential Development), based upon positive findings
with respect to Chapter 3 (Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5).
Attachments:
· Location Map
· Aerial Map
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CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
WlNTERPLACE REZONING
FROM: COUNTY P.U.D. (PLANNED UNIT DEVELOPMENT)
TO: CITY PRD (PLANNED RESIDENTIAL DEVELOPMENT)
--- DIGITAL BASE MAP SYSTEM ---
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