Loading...
Ord 32-98ORDINANCE NO. 32-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT IN THE OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING LOTS 262 AND 263, TROPIC PALMS PLAT NO. 1, LOCATED AT THE NORTHEAST CORNER OF ALBATROSS ROAD AND THE UNIMPROVED PORTION OF CURLEW ROAD WITHIN THE TROPIC PALMS SUBDIVISION, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; 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, 1994, as being zoned R-1AA (Single Family Residential) District; and WHEREAS, at its meeting of August 17, 1998, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 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, dated April, 1994, 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, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of OSR (Open Space and Recreation) District for the following described property: Lots 262 and 263, TROPIC PALMS PLAT NO. 1, according to the Plat thereof as recorded in Plat Book 25, Pages 99 through 102 of the Public Records of Palm Beach County, Florida. The subject property is located at the northeast corner of Albatross Road and the unimproved portion of Curlew Road within the Tropic Palms subdivision; containing 0.41 acres, more or less. Section 2. That the Planning Director of 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.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. ATTEST: JCity ClArk ! PASSED AND ADOPTED in regular session on second and final reading on this the 15th day ofSeptember _ , 1998. First Reading August 18, 1998 Second Reading September 15, 1998 ~ 2 - Ord. No. 32-98 ~ ~ ESTATE CONDOS ~ , ~ ~ ~ERWOOD N ~ - REZONINO - CITY Or DELRA' BEACH, r. FROM: R-:-~ (SINGLE FAMILY RESIDENTIAL) TO: OSR (OMEN SPACE & RECR~TION} MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER C~ AGENDA ITEM /0~'- REGULAR MEETING OF SEPTEMBER 15, 1998 ORDINANCE NO. 32-98 (REZONING TWO LOTS ASSOCIATED WITH THE LEON M. WEEKES ENVIRONMENTAL PRESERVE) SEPTEMBER 4, 1998 This is second reading and a public hearing for Ordinance No. 32-98 which rezones two lots (0.41 acres) from R-1AA (Single Family Residential) to OSR (Open Space and Recreation) District. The subject property is located at the northeast corner of Albatross Road and the unimproved portion of Curlew Road, within the Tropic Palms subdivision. The City Commission initiated this rezoning on August 4, 1998, to accommodate improvements associated with the development of the Leon M. Weekes Environmental Preserve. The development plans call for hiking trails within the Preserve, pavilion with benches and tot lot playground on Lots 262 and 263 (property being rezoned), and paving and construction of ten parking spaces within the currently unimproved portion of Curlew Road. The two lots are currently zoned R-1AA, and active recreation uses such as playgrounds are permitted in this district only when associated with a bonafide homeowners association. Since the Preserve improvements are not associated with a homeowners association, a rezoning to the OSR district which allows the use is appropriate. The Planning and Zoning Board held a public hearing on the proposed rezoning on August 17, 1998, and voted unanimously to recommend that it be approved. At first reading on August 18th, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 32-98 on second and final reading. ref:agmemol0 TO: THRU: FROM: DAVID T. HARDEN CITY PAUL DORLING, ACTING(DIrECTOR DEPARTMENT OF PLANNlffG AND ZONING PLANNER SUBJECT: MEETING OF AUGUST 18, 1998 REZONING FROM R-l-AA (SINGLE FAMILY) TO OSR (OPEN SPACE AND RECREATION) FOR LOTS 262 AND 263 OF TROPIC PALMS PLAT NO. t IN CONJUNCTION WITH DEVELOPMENT OF THE LEON M. WEEKES ENVIRONMENTAL PRESERVE. The action requested of the City Commission is that of approval on first reading of an ordinance rezoning two lots (.41 acres) from R-l-AA to OSR. The subject properties are located at the northeast corner of Albatross Road and the unimproved portion of Curlew Road, within the Tropic Palms Subdivision. The City Commission initiated this rezoning on August 4, 1998 to accommodate improvements associated with the development of the Leon M. Weekes Environmental Preserve. The development plans call for hiking trails within the Preserve, pavilion with benches and tot lot playground on Lots 262 and 263 (property being rezoned), and a 10-space parking area within the unimproved portion of Curlew Road. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. The lots are currently zoned R-l-AA, and active recreation uses such as playgrounds are permitted in this district only when associated with a bonafide homeowners association. As these improvements are not associated with a homeowners association a rezoning to the OSR district which allows the use is being sought. The rezoning request is scheduled for the Planning and Zoning Board meeting of August 17, 1998. The results will be reported at the City Commission meeting. By motion, approve on first reading the ordinance for the rezoning from R-l-AA to OSR for Lots 262 and 263 and setting a public hearing date of September 15, 1998. Attachments: ~0~.' /5~' ~ · 8/17/98 P & Z Staff Report, Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: August 17, 1998 III.C. City Initiated Rezoning From R-l-AA (Single Family Residential) to OSR (Open Space and Recreation) For Two Parcels Within the Tropic Palms Subdivision, Located on the North Side of Curlew Road, East of Albatross Road. ,, PAI~K GENERAL DATA: Owner ............................. City of Delray Beach Applicant ......................... David Harden, City Manager Location .......................... Northeast corner of Curlew Road and Albatross Road Property Size .................. 0.41 Acre Future Land Use Map ..... Low Density Residential (0-5 d.u./acre) Current Zoning ...............R-l-AA (Single Family Residential) Proposed Zoning ............ OSR (Open Space & Recreation) Adjacent Zoning .... North: RM (Medium Density Residential) East: CD (Conservation District) South: RM West: R-l-AA Existing Land Use .......... Vacant Proposed Land Use ........ Rezoning to accommodate the expansion of an existing nature preserve by adding a child play area with playground equipment, gazebo, fence with rolling gate, and associated parking lot. Water Service ................. n/a. Sewer Service ................n/a. BUCKY DENT'S II III.C. The action before the Board is making a recommendation on a City-initiated rezoning request from R-l-AA (Single Family Residential) to OSR (Open Space and Recreation). The proposed rezoning consists of Lots 262 and 263 of Tropic Palms Plat No. 1 with a total area of approximately .41 acres. The lots are located at the northeast corner of Albatross Road and the unimproved portion of Curlew Road. Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. The subject lots are located within the Tropic Palms Plat No. 1 Subdivision, and are currently vacant. The City recently purchased the two lots to accommodate accessory uses for the Leon M. Weekes Environmental Preserve located immediately east, including tot lot area and a parking lot. The proposed improvements are not allowed under the current R-l-AA zoning district. To accommodate the use the City Commission initiated rezoning the lots to OSR at the August 4, 1998 City Commission meeting. The first reading of the rezoning is scheduled for the August 18, 1998 City Commission meeting. The development proposal is to rezone Lots 262 and 263 from R-l-AA to OSR. The rezoning is being requested in order to accommodate the expansion of the 11.66-acre Leon M. Weekes Environmental Preserve. The development proposal call for hiking trails within the Preserve, a playground, pavilion, and benches on Lots 262 and 263, and a 10-space parking area within the unimproved section of Curlew Road right-of- way. The improvements within the Curlew Road right-of-way require processing of a street closure which is also before the Board for consideration. The Leon Weekes Preserve is zoned CD (Conservation District). The Conservation District is intended to preserve and protect environmentally sensitive lands and only permits conservation of the existing floral, fauna, and natural habitat of the site. Active recreational facilities such as playground areas are not permitted, nor appropriate, within this zoning category. Recreation facilities (active and passive) are permitted within the R-l-AA zoning district, however only when operated under a bonafide homeowners association. Given these restrictions the two lots have been P&Z Staff Report Rezoning from R-l-AA to OSR for Leon M. Weekes Environmental Preserve Expansion Page 2 acquired and are being rezoned to accommodate these active recreational components. 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 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 current Future Land Use Map designation for the subject site is LD (Low Density Residential). The current zoning designation of R-l-AA does not allow the proposed use. The requested zoning change is from R-l-AA to OSR. The OSR zoning district is consistent with the Low Density Land Use designation shown on the Future Land Use Map. Active or passive parks (including playgrounds) are permitted within the OSR 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 and Sewer: This facility will not contain any structures or restroom facilities which would require potable water or sewer service. Fire suppression is provided via an existing fire hydrant at the southwest corner of Albatross and Curlew Roads. Drainaoe: A site plan modification is being processed concurrent with the rezoning request. The paving, grading, and drainage plans indicate the installation of retention swales and ex'filtration trench system. P&Z Staff Report Rezoning from R-l-AA to OSR for Leon M. Weekes Environmental Preserve Expansion Page 3 TraffiC; Under the current R-l-AA zoning, the maximum development potential would be two single family homes generating 20 average daily trips. The Preserve has a total of 12.07 acres (including two lots) and utilizing trip rates for parks (1.59 trips/acre), the entire facility will generate 19.19 average daily trips. Based on the above, the proposed rezoning will not result in any additional traffic generation. The 20 trips can be accommodated by the adjacent street system and traffic concurrency can be met. Parks and Recreation: This standard is not applicable as the rezoning will add an additional .41 acres to the City's parks and recreation facilities. Solid Waste: The current R-l-AA zoning allows two single family homes which would generate 1.99 tons of solid waste per unit per year. While there is no generation rate listed for parks, it is anticipated this facility and its expansion will result in a decrease in solid waste generation. Refuse will be handled with the installation of trash receptacles. Adequate capacity exists at the County Landfill to handle this development. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) 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. Chapter 3 findings include the required findings of Section 3.1.1 (Future Land Use Map, Concurrency, and Compliance with the LDRs. These Chapter 3.1.1 findings are discussed in other sections of the report. Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standard of Section 3.3.2 and other policies which apply are as follows: Standards "A", "B", and "C" do not apply to this proposal. 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. P&Z Staff Report Rezoning from R-l-AA to OSR for Leon M. Weekes Environmental Preserve Expansion Page 4 The rezoning site is surrounded by the following uses and zoning districts: to the north and south are multifamily units on properties zoned RM (Multiple Family Residential-Medium Density); east is the existing Preserve on property zoned CD (Conservation District); and west is a single family home on property zoned R-l-AA. As recreational facilities are permitted in the current R-l-AA zoning district when associated with a bonafide homeowners association, the proposed use will be compatible with the adjacent residences. The playground area will be screened from the residential properties to the north, south, and west by a 6' high vinyl coated chain link fence with hedging. A Cocoplum hedge is proposed along the south side of the proposed parking area and along the west side of Lot 263, and an existing Ficus hedge is located along the north side of Lots 262 and 263. All existing and proposed hedging will be located inside the chain link fence. In order to increase screening of the proposed play area from the residential properties to the north, south, and west installation of landscaping outside of the chain link fence is recommended. Provision of landscaping outside of the fence will be reviewed at site plan. 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; 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 reason for the rezoning is "c". The requested zoning is of similar intensity and will allow similar uses, i.e. active recreation, although not owned by the homeowner association. The zoning change will be more appropriate given its proximity to the Preserve and the direction given in the Comprehensive Plan under Objective A-1 of the Open Space and Recreation Element. Specific policies A-2.1 and A-2.2 direct the City to provide new recreation facilities to geographic areas where they do not exist and to enhance existing facilities by adding specialized items such as playgrounds. A review of the Goals, Objectives, and Policies of the Comprehensive Plan was undertaken and the following applicable Policies were identified. P&Z Staff Report Rezoning from R-l-AA to OSR for Leon M. Weekes Environmental Preserve Expansion Page 5 Conservation Element Policy B-2.1' The submission of a biological survey and a habitat analysis shall accompany land use requests for...rezonings...However, the requirement shall not apply...where it is apparent that there are not such resources. The subject properties to be rezoned are vacant. A boundary/topographic survey has been provided, and no significant biological resources exist on the site. Housing Element Policy A-1.3: The City shall provide "courtesy notices" to the representatives of the various homeowner and neighborhood associations, of upcoming advisory board meetings which involve land use and development activities which may potentially impact their neighborhoods. Courtesy notices have been sent to all neighborhood groups in the area. See the "Neighborhood Notice" section under the "Review by Others" portion of this report. Open Space and Recreation Element Policy A-2.1: The City shall provide additional park, recreation, and open space facilities through enhancement of existing facilities, major capital improvements, and the provision of new services to geographic areas which dO not have facilities readily available to them. Open Space and Recreation Element Policy A-2.2: The City, through the Parks and Recreation Department, shall place its first recreation priority on the provision of facilities for activities which serve all residents of the community and which can be achieved through completing the development of existing park areas, enhancing existing facilities, and adding specialized items such as playgrounds to existing facilities. The rezoning of the subject properties from R-l-AA to OSR will accomplish direction given in both of these policies. The Leon M. Weekes Environmental Preserve will be expanded to accommodate a play area open to the public, which will enhance the preserve and serve all residents of the community. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. The improvements to the Leon M. Weekes Environmental Preserve will require the installation of bicycle racks. During review of the associated site development plan this will be noted as a condition of approval. Compliance with Land Development Regulations: The proposed use is to be in compliance with the Land Development Regulations. Items identified in the P&Z Staff Report Rezoning from R-l-AA to OSR for Leon M. Weekes Environmental Preserve Expansion Page 6 Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. A site plan application providing site, landscape, and drainage improvements is being processed concurrent with this rezoning request, and will be considered by the Site Plan Review and Appearance Board. LDR Section 4.6.9 Parking: Pursuant to LDR Section 4.6.9(C)(6)(q), parks shall have the parking needs assessed and determined by the City Manager or designee. The site development plan for the proposed improvements to the Preserve have been prepared in conjunction with the City Parks and Recreation Department, and the proposed 10-space parking area has been determined to be adequate for this facility. The rezoning is not in a geographic area requiring review by the Preservation Board), DDA (Downtown Development Authority) (Community Redevelopment Agency). HPB (Historic or the CRA Neighborhood Notice: A special certified notice has been provided to property owners within a 500' radius of the subject property. Courtesy notices have been sent to the following individuals and associations who have requested notification of petitions in that area. Delray Racquet Club Lake Delray Apartments Palms of Delray Town and Country Estates Tropic Palms Letters of support or objection, if any, will be presented at the P & Z Board meeting. The proposed rezoning of the subject properties to OSR accommodates the expansion of the Leon M. Weekes Environmental Preserve. The expansion involves the installation of a tot lot playground, gazebo, and benches. A street closure is being P&Z Staff Report Rezoning from R-l-AA to OSR for Leon M. Weekes Environmental Preserve Expansion Page 7 processed to accommodate the construction of the 10-space parking lot within the unimproved portion of Curlew Road. The two lots are currently zoned R-l-AA, and playgrounds are permitted within this zoning district only associated with a bonafide homeowners association. The rezoning to OSR will further objectives and policies in the Comprehensive Plan which call for providing additional park facilities and enhancing existing ones. A complete site development package plan is being processed concurrent with this rezoning request. Required positive findings with respect to Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1, and the performance standards of Section 3.3.2 can be made. Based on the above, the proposed rezoning of Lots 262 and 263 to OSR should be approved. A. Continue with direction. B. Recommend rezoning of the subject property from R-l-AA to OSR, based on positive findings with respect to Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1, performance standards of Section 3.3.2, and objectives and policies of the Comprehensive Plan. C. Recommend denial of a rezoning of the subject property from R-l-AA to OSR, based on a failure to make positive findings with respect to Section 2.4.5(D)(5). Recommend approval of the rezoning request for Lots 262 and 263 associated with the Leon M. Weekes Environmental Expansion from R-l-AA (Single Family Residential) to OSR (Open Space and Recreation), based upon positive findings with respect to Section 3.1.1 (Required Findings), Section 3.3.2 (Standards for Rezoning Actions), Section 2.4.5(D)(5) of the Land Development Regulations, and objectives and policies of the Comprehensive Plan. Attachments: · Location and Rezoning Maps · Survey · Overall Site Plan filenarne:u:grahamc~pzrep\leonrez.doc RA QUE T CLUB OSPREY DRIVE TOWN & COUNTRY RM MALLARD DRIVE r-, __ ESTATE CONDOS ROAD HERON DRIVE CURLEW ROAD CURLEW ROAD OSR BU~.I,, DENT'S BASEBALL SCHOOL SIT CD ED MORSE CA GMC TRUCKS SHER WOOD PONTIAC TO YO TA USED CARS DELRA Y KIA DELRA Y TO YO TA MORSE SA TURN MOBILE AC SHERWOOD HONDA AVOCET ROAD P C MOBILE HOMES N CITY Or DELRA¥ BEACH, FL PLANNING & ZONING DEPARTMENT FROM: R-! -AA - REZONING - 'SINGLE FAMILY RESIDENTIAL) TO: OSR (OPEN SPACE & RECRF. EATION) -- DISlT,4~ B4S£ it, tAP SYSFEI,/ -- I,~A= RE¢: L~268 OUNDARY / TOPOGRAGHiC SURVEY II LEON M. WEEKES ENVIRONMENTAi PRESERV ~..~,~ I PREPAR E ' ~.~J'~ ~ ED FOR 9710 ~ THE CITY OF DELRAy BEACH /' ~x'.a Raton News, Friday, September. ~ AT LEGAL VERIFICATION FORM FILE #: 98-225 PROJECT NAME: LEON WEEKES ENVIRONMENTAL PRESERVE LEGAL DESCRIPTION: Lots 262 and 263, Tropic Palms Plat No.1, according to the Plat thereof as recorded in Plat Book 25, Page 99 through 102 of the Public Records of Palm Beach County, Florida. SOURCE of Legal Description: SURVEY VERIFIED BY:~ DATE:~I~t,.~ ~ VERIFICATION REQUEST NEEDED BY: LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND READING: VERIFIED BY: DATE: VERIFICATION REQUEST NEEDED BY: LEGLEON PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETINGDATE: August 17, 1998 AGENDA ITEM: ~l.C. ITEM: City Initiated Rezoning From R-I-AA (Single Family Residential) to ©SR (Open Space and Recreation) For Two Parcels Within the Tropic Palms Subdivision, Located on the North Side of Curlew Road, East of Albatross -- OSPREY DRI'/E ~ TOWN & COUNTRY GENERAL DATA: ] ~----~~~, ..:~ o~~~.~ Applicant ......................... David Harden, City Manager Location .......................... NoAheast corner of Curlew Road~ i and Albatross Road Prope~y Size .................. 0.41 Acre ~'~ Current Zonin~ ............... R-~-~ (8,nee [amHy Res,Oent, al) Proposed Zoning ............ eSR (Open Space & Recreation) Adjacent Zoning .... No~h: RM (Medium Density Residential) East: CD (Conse~ation District) South: RM [xistin~ kand Use .......... Vacant CroposeO kanO Use ........ ~ezonin~ to accommoOate the expansion of an existing nature ~~]~ /~/~/ prese~e by adding a child play area with playground equipment, gazebo, associated parking lot. Water Sewice ................. n/a. Sewer Se~ice ................ n/a. IIl. C. The action before the Board is making a recommendation on a City-initiated rezoning request from R-l-AA (Single Family Residential) to OSR (Open Space and Recreation). The proposed rezoning consists of Lots 262 and 263 of Tropic Palms Plat No. I with a total area of approximately .41 acres. The lots are located at the northeast corner of Albatross Road and the unimproved portion of Curlew Road. Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. The subject lots are located within the Tropic Palms Plat No. 1 Subdivision, and are currently vacant. The City recently purchased the two lots to accommodate accessory uses for the Leon M. Weekes Environmental Preserve located immediately east, including tot lot area and a parking lot. The proposed improvements are not allowed under the current R-l-AA zoning district. To accommodate the use the City Commission initiated rezoning the lots to OSR at the August 4, 1998 City Commission meeting. The first reading of the rezoning is scheduled for the August 18, 1998 City Commission meeting. The development proposal is to rezone Lots 262 and 263 from R-l-AA to OSR. The rezoning is being requested in order to accommodate the expansion of the 11.66-acre Leon M. Weekes Environmental Preserve. The development proposal call for hiking trails within the Preserve, a playground, pavilion, and benches on Lots 262 and 263, and a 10-space parking area within the unimproved section of Curlew Road right-of- way. The improvements within the Curlew Road right-of-way require processing of a street closure which is also before the Board for consideration. The Leon Weekes Preserve is zoned CD (Conservation District). The Conservation District is intended to preserve and protect environmentally sensitive lands and only permits conservation of the existing floral, fauna, and natural habitat of the site. Active recreational facilities such as playground areas are not permitted, nor appropriate, within this zoning category. Recreation facilities (active and passive) are permitted within the R-l-AA zoning district, however only when operated under a bonafide homeowners association. Given these restrictions the two lots have been P&Z Staff Report Rezoning from R-l-AA to OSR for Leon M. Weekes Environmental Preserve Expansion Page 2 acquired and are being rezoned to accommodate these active recreational components. 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 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 current Future Land Use Map designation for the subject site is LD (Low Density Residential). The current zoning designation of R~I-AA does not allow the proposed use. The requested zoning change is from R-l-AA to OSR. The OSR zoning district is consistent with the Low Density Land Use designation shown on the Future Land Use Map. Active or passive parks (including playgrounds) are permitted within the OSR 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 and Sewer: This facility will not contain any structures or restroom facilities which would require potable water or sewer service. Fire suppression is provided via an existing fire hydrant at the southwest corner of Albatross and Curlew Roads. Drainaue: A site plan modification is being processed concurrent with the rezoning request. The paving, grading, and drainage plans indicate the installation of retention swales and exfiltration trench system. P&Z Staff Report Rezoning from R-l-AA to OSR for Leon M. Weekes Environmental Preserve Expansion Page 3 TraffiC: Under the current R-l-AA zoning, the maximum development potential would be two single family homes generating 20 average daily trips. The Preserve has a total of 12.07 acres (including two lots) and utilizing trip rates for parks (1.59 trips/acre), the entire facility will generate 19.19 average daily trips. Based on the above, the proposed rezoning will not result in any additional traffic generation. The 20 trips can be accommodated by the adjacent street system and traffic concurrency can be met. Parks and Recreation: This standard is not applicable as the rezoning will add an additional .41 acres to the City's parks and recreation facilities. Solid Waste: The current R-l-AA zoning allows two single family homes which would generate 1.99 tons of solid waste per unit per year. While there is no generation rate listed for parks, it is anticipated this facility and its expansion will result in a decrease in solid waste generation. Refuse will be handled with the installation of trash receptacles. Adequate capacity exists at the County Landfill to handle this development. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) 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. Chapter 3 findings include the required findings of Section 3.1.1 (Future Land Use Map, Concurrency, and Compliance with the LDRs. These Chapter 3.1.1 findings are discussed in other sections of the report. Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standard of Section 3.3.2 and other policies which apply are as follows: Standards "A", "B", and "C" do not apply to this proposal. 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. P&Z Staff Report Rezoning from R-l-AA to OSR for Leon M. Weekes Environmental Preserve Expansion Page 4 The rezoning site is surrounded by the following uses and zoning districts: to the north and south are multifamily units on properties zoned RM (Multiple Family Residential-Medium Density); east is the existing Preserve on property zoned CD (Conservation District); and west is a single family home on property zoned R-l-AA. As recreational facilities are permitted in the current R-l-AA zoning district when associated with a bonafide homeowners association, the proposed use will be compatible with the adjacent residences. The playground area will be screened from the residential properties to the north, south, and west by a 6' high vinyl coated chain link fence with hedging. A Cocoplum hedge is proposed along the south side of the proposed parking area and along the west side of Lot 263, and an existing Ficus hedge is located along the north side of Lots 262 and 263. All existing and proposed hedging will be located inside the chain link fence. In order to increase screening of the proposed play area from the residential properties to the north, south, and west installation of landscaping outside of the chain link fence is recommended. Provision of landscaping outside of the fence will be reviewed at site plan. 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; Gm That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more ap_Dropriate for the property based upon circumstances particular to the site and/or neighborhood. The reason for the rezoning is "c". The requested zoning is of similar intensity and will allow similar uses, i.e. active recreation, although not owned by the homeowner association. The zoning change will be more appropriate given its proximity to the Preserve and the direction given in the Comprehensive Plan under Objective' A-1 of the Open Space and Recreation Element. Specific policies A-2.1 and A-2.2 direct the City to provide new recreation facilities to geographic areas where they do not exist and to enhance existing facilities by adding specialized items such as playgrounds. A review of the Goals, Objectives, and Policies of the Comprehensive Plan was undertaken and the following applicable Policies were identified. P&Z Staff Report Rezoning from R-l-AA to OSR for Leon M. Weekes Environmental Preserve Expansion Page 5 Con~ervati¢n Element Policy B-2.1: The submission of a biological survey and a habitat analysis shall accompany land use requests for...rezonings...However, the requirement shall not apply...where it is apparent that there are not such resources. The subject properties to be rezoned are vacant. A boundary/topographic survey has been provided, and no significant biological resources exist on the site. Housing Element Policy A-1.3: The City shall provide "courtesy notices" to the representatives of the various homeowner and neighborhood associations, of upcoming advisory board meetings which involve land use and development activities which may potentially impact their neighborhoods. Courtesy notices have been sent to all neighborhood groups in the area. See the "Neighborhood Notice" section under the "Review by Others" portion of this report. Open Space and Recreation Element Policy A-2.1: The City shall provide additional park, recreation, and open space facilities through enhancement of existing facilities, major capital improvements, and the provision of new services to geographic areas which do not have facilities readily available to them. Open Space and Recreation Element Policy A-2.2: The City, through the Parks and Recreation Department, shall place its first recreation priority on the provision of facilities for activities which serve all residents of the community and which can be achieved through completing the development of existing park areas, enhancing existing facilities, and adding specialized items such as playgrounds to existing facilities. The rezoning of the subject properties from R-l-AA to OSR will accomplish direction given in both of these policies. The Leon M. Weekes Environmental Preserve will be expanded to accommodate a play area open to the public, which will enhance the preserve and serve all residents of the community. Trans_oortation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. The improvements to the Leon M. Weekes Environmental Preserve will require the installation of bicycle racks. During review of the associated site development plan this will be noted as a condition of approval. Compliance with Land Development Recjulations: The proposed use is to be in compliance with the Land Development Regulations. Items identified in the P&Z Staff Report Rezoning from R-l-AA to OSR for Leon M. Weekes Environmental Preserve Expansion Page 6 Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. A site plan application providing site, landscape, and drainage improvements is being processed concurrent with this rezoning request, and will be considered by the Site Plan Review and Appearance Board. LDR Section 4.6.9 Parking: Pursuant to LDR Section 4.6.9(C)(6)(q), parks shall have the parking needs assessed and determined by the City Manager or designee. The site development plan for the proposed improvements to the Preserve have been prepared in conjunction with the City Parks and Recreation Department, and the proposed 10-space parking area has been determined to be adequate for this facility. The rezoning is not in a geographic area requiring review by the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). Neighborhood Notice: A special certified notice has been provided to property owners within a 500' radius of the subject property. Courtesy notices have been sent to the following individuals and associations who have requested notification of petitions in that area. I~1 Delray Racquet Club 1~ Lake Delray Apartments I~1 Palms of Delray I~1 Town and Country Estates ~1 Tropic Palms Letters of support or objection, if any, will be presented at the P & Z Board meeting. The proposed rezoning of the subject properties to OSR accommodates the expansion of the Leon M. Weekes Environmental Preserve. The expansion involves the installation of a tot lot playground, gazebo, and benches. A street closure is being P&Z Staff Report Rezoning from R-l-AA to OSR for Leon M. Weekes Environmental Preserve Expansion Page 7 processed to accommodate the construction of the 10-space parking lot within the unimproved portion of Curlew Road. The two lots are currently zoned R-l-AA, and playgrounds are permitted within this zoning district only associated with a bonafide homeowners association. The rezoning to OSR will further objectives and policies in the Comprehensive Plan which call for providing additional park facilities and enhancing existing ones. A complete site development package plan is being processed concurrent with this rezoning request. Required positive findings with respect to Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1, and the performance standards of Section 3.3.2 can be made. Based on the above, the proposed rezoning of Lots 262 and 263 to OSR should be approved. A. Continue with direction. B. Recommend rezoning of the subject property from R-l-AA to OSR, based on positive findings with respect to Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1, performance standards of Section 3.3.2, and objectives and policies of the Comprehensive Plan. C. Recommend denial of a rezoning of the subject property from R-l-AA to OSR, based on a failure to make positive findings with respect to Section 2.4.5(D)(5). Recommend approval of the rezoning request for Lots 262 and 263 associated with the Leon M. Weekes Environmental Expansion from R-l-AA (Single Family Residential) to OSR (Open Space and Recreation), based upon positive findings with respect to Section 3.1.1 (Required Findings), Section 3.3.2 (Standards for Rezoning Actions), Section 2.4.5(D)(5) of the Land Development Regulations, and objectives and policies of the Comprehensive Plan. Attachments: · Location and Rezoning Maps · Survey · Overall Site Plan filenarne:u:graharnc~pzrep~leonrez.doc I ' ~ ' ' ' ROAD MALLARD DRIVE HERON DRIVE ,_,U,..t, , ,.~t, , ~ BASEBALL SCHOOL ED MORSE CADILLAC GMC TRUCKS 5HER WO OD POIVTtAC TO YO TA dEED CARS CURLEW ROAD CURLEW ROAD DELRA Y KIA DELRA Y TO YO TA MORSE SA TURN MOBILE HOMES SHERWOOD HONDA AVOCT. 7 ROAD MOBILE HOMES LINDELL I f i ~ · N CITY OF DELRA¥ BEACH, FL PLANNING & ZONING DEPARTMENT - REZONING- FROM: R-l-AA (SINGLE FAMILY RESIDENTIAL) TO: OSR (O~EN SPACE & RECREATION) -- .O/G/TN. BA$£ 1,4,4P S~T£~) -- MAP REF: LM26E Y RA QUE T CLUB OSPREY DRIVE TOWN & COUNTRY RM ESTATE CONDOS ROAD MALLARD DRIVE HERON DRIVE CURLEW ROAD T~ CURLEW ROAD OSR £UCIf ;' D£t; T'£ BASEB,A~.._ .SCHOOL SIT CD ED MORSE CADILL GMC TRUCKS SHER WOOD PON TIA C TO YO TA USED CARS DELRAY KIA DELRA Y TOYOTA MORSE SATURN MO31LE HOMES PC AC SHERWOOD HONDA AVOCET ROAD CITY OF DE.LRAY BEACH, FL PLANNING & ZONING DE.PARTMENT -- DIGITAL B~.S.~ MAP SYSTEM -- P c MOBILE LINDELL - REZONING- FROM: R--'~-AA (SINGLE FAMILY RESIDENTIA_) .... ,~. OSR (OPEN S~ACE & RECRE. ATION) MAP RE'F: LM26,5 " ............... IL- t I