Ord 42-12ORDINANCE NO. 42-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA ADOPTING A SMALL -SCALE FUTURE LAND USE
MAP AMENDMENT FROM MD (MEDIUM DENSITY RESIDENTIAL 5 -12
DU /AC) TO LD (LOW DENSITY RESIDENTIAL 0 -5 DU /AC), PURSUANT
TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT ",
FLORIDA STATUTES SECTION 163.3187, FOR PARCELS OF LAND
LOCATED ON THE NORTH AND SOUTH SIDES OF BERMUDA
GARDENS ROAD, LYING WEST OF STATE ROAD A -1 -A, AS MORE
PARTICULARLY DESCRIBED HEREIN, AND REZONING AND PLACING
SAID LAND PRESENTLY ZONED RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT TO R -1 -A (SINGLE FAMILY RESIDENTIAL)
DISTRICT; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
JANUARY 2012 "; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the
provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, Imown as the
"Community Planning Act "; and
WHEREAS, via Ordinance No. 82 -89, the City Commission adopted the document
entitled "Comprehensive Plan - Delray Beach, Florida "; and
WHEREAS, Robert Sussman and Ellen Sussman; Gerlinde Hofer; Howard C. Hutt;
Marra Donald; Ted A. Fried and Diane Cohen; Mary Beth McOwen; Stephen Mottola; and,
Robert W. Flanagan are the fee simple owners of the parcels of land comprising 2.40 acres
located on the north and south sides of Bermuda Garden Road, lying west of State Road A -1 -A;
and
WHEREAS, the subject property hereinafter described has an existing Future Land Use
Map (FLUM) designation of MD (Medium. Density Residential 5 -12 du /ac); and
WHEREAS, the owners of the property requested to change the Future Land Use Map
designation from MD (Medium Density Residential 5 -12 du/ac) to LD (Low Density Residential
0 -5 du/ac); and
WHEREAS, the properties hereinafter described are shown on the Zoning District Map of
the City of Delray Beach, Florida, dated January 2012, as being zoned RM (Medium Density
Residential) District; and
WHEREAS, at its meeting of November 19, 2012, 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 Future Land Use Map designation and zoning classification
be changed for the property hereinafter described, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c); the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are 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 Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Future Land Use Map and Zoning District Map of
the City of Delray Beach, Florida be amended to reflect the revised designations.
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 are incorporated herein.
Section 2. That the Future Land Use Map designation of the subject property is hereby
officially affixed as LD (Low Density Residential 0 -5 du/ac).
Section 3. That the City Commission of the City of Delray Beach, Florida, hereby
declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes
Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act."
Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
sane is hereby amended to reflect a zoning classification of R -1 -A (Single Family Residential)
District for the following described properties:
Beginning at the intersection of a line parallel to, and 1300 feet northerly from, measured
at right angles to, the east and west Quarter Section line of said Section 28 with the westerly right
of way line of State Road No. A- l -A, as now laid out and in use; thence westerly, along said
parallel line to the East right of way line of the Florida Intracoastal Waterway; thence southerly
along said right of way line 200 feet, more or less to a point in a line parallel to and 200 feet
southerly from first herein described course; thence easterly along said parallel line a distance of
2 ORD NO. 42-12
220 feet; thence northerly, at right angles to the preceding course, a distance of 100 feet; thence
easterly to the westerly right of way line of State Road No. A -1 -A, as now laid out and in use;
thence northerly along said westerly right -of way line, a distance of 100.58 feet to the point of
beginning.
Together With
Lots 1 and 2, Bermuda Gardens Plat No. 1, according to the Plat thereof as recorded in
Plat Book 92, Page 74, of the Public Records of Palm Beach County, Florida.
Together With
Lots 1 and 2,. Bermuda Gardens Estates, according to the Plat thereof, as recorded in Plat
Book 103, Page 8 of the Public Records of Palin. Beach County, Florida.
Section 5. 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 4 hereof.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 7. 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 9. That this ordinance shall become effective as follows: thirty -one (31) days
after adoption, unless the Comprehensive Plan amendment is timely challenged. If timely
challenged, the effective date of this Ordinance shall be the date a final order is issued by the
State Land Planning or the Administration Commission, finding the adopted amendment to be in
compliance. No development orders, development permits, or land uses dependent on this
amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless
be made effective by adoption of a resolution affirming its effective status, a copy of which
resolution shall be sent to the state land planning agency.
ORD No. 42 -12
PASSED AND ADOPTED in regular
day of 2013.
ATTEST AA\\
�� S�) ZV
City Clerk
First Reading
Second Reading ® 343
session on second and final reading on this the
MAYOR
4 ORD NO. 42-12
THE PALM BEACH POST. REALNEWS.STARTS ERE d FRIDAY, NOVE BE .9 2012 65
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: December 26, 2012
Page 1 of 1
SUBJECT: AGENDA ITEM H.B. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013
ORDINANCE NO. 42-12
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading and quasi-judicial hearing to consider a
privately initiated Future Land Use Map (FLUM) amendment (small - scale) from MD (Medium Density
Residential 5- 12du/ac) to LD (Low Density Residential 0 -5 du/ac) and rezoning from RM (Medium
Density Residential) to R -1 -A (Single Family Residential) for the properties located on the north and
south sides of Bermuda Gardens Road.
BACKGROUND
At the first reading on December 4, 2012 the Commission passed Ordinance No. 42 -12.
RECOMMENDATION
Recommend approval of Ordinance No. 42 -12 on second and final reading.
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Coversheet
I►V 1 Did [I]:7_11►11]11►/
TO: Mayor and City Commissioners
FROM: Scott Pape, AICP, FCP, Senior Planner
Mark McDonnell, AICP, Assistant Director of Planning and Zoning
THROUGH: City Manager
DATE: November 29, 2012
Page 1 of 2
SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF DECEMBER 4, 2012
ORDINANCE NO. 42-12
ITEM BEFORE COMMISSION
Consideration of a privately- initiated small -scale Comprehensive Plan amendment and rezoning for the
Bermuda Gardens neighborhood. The small -scale Comprehensive Plan amendment consists of a Future
Land Use Map change from MD (Medium Density Residential 6-12 du /ac) to LD (Low Density
Residential 0 -5 du /ac) and an associated rezoning from RM (Medium Density Residential — Medium
Density) to R -1 -A (Single Family Residential).
BACKGROUND
The neighborhood consists of nine residential lots with a total of 2.40 acres and is located on the west
side of Ocean Boulevard along Bermuda Gardens Road. A portion of the lots have been created by two
plats. The Bermuda Gardens Plat No. 1 contains two lots and the Bermuda Garden Estates Plat contains
two lots. The remaining five lots were created by metes and bounds description. The neighborhood
consists of eight single family residences (one house occupies two lots).
At its meeting of September 28, 2005, the Site Plan Review and Appearance Board approved a Class V
site plan application to construct three townhouses at the southwest corner of Bermuda Gardens Road
and Ocean Boulevard. This prior approval for a multiple family use at the entrance to their single family
neighborhood raised concerns for the remaining property owners. The neighborhood is now collectively
seeking the change in land use and zoning which would not allow multiple family uses. The site plan
approval was extended to September 28, 2009, but the site plan was never certified and approval ended
on the expiration date.
The proposed changes are not associated with any redevelopment proposal. All of the property owners
have applied together to change the FLUM and Zoning Map designations to be consistent with the
existing single family uses in the neighborhood.
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Coversheet
REVIEW BY OTHERS
Page 2 of 2
At its meeting of November 19, 2012, the Planning and Zoning Board held a public hearing associated
with the LD (Low Density Residential 0 -5 du/ac) Future Land Use Map amendment, and R -1 -A (Single
Family) rezoning request. They had no concerns with the requested Future Land Use and Zoning
designations. After a brief discussion, the Board recommended approval of the proposed FLUM and
Rezoning on a 5 -0 vote..
RECOMMENDATION
Approve on first reading Ordinance 42 -12 for a Future Land Use Map amendment from MD (Medium
Density Residential 6 -1.2 du /ac) to LD (Low Density Residential 0 -5 du/ac) and Rezoning from RM
(Multiple Family Residential - Medium Density) to R -I -A (Single Family Residential), by adopting the
findings of fact and law contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 3.1.1
(Required Findings), 3.2.2 (Standards for Rezoning Actions), 2.4.5(D)(5)(Rezoning Findings).
http:// itwebapp/ AgendalntranetBluesheet .aspx ?ItemID 6245 &MeetingID -396 12/26/2012
ORDINANCE NO. 42-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA ADOPTING A SMALL -SCALE FUTURE LAND USE
MAP AMENDMENT FROM MD (MEDIUM DENSITY RESIDENTIAL 5 -12
DU/AC) TO LD (LOW DENSITY RESIDENTIAL 0 -5 DU /AC), PURSUANT
TO THE PROVISIONS OF THE "COMMUNrrY PLANNING ACT ",
FLORIDA STATUTES SECTION 163.3187, FOR PARCELS OF LAND
LOCATED ON THE NORTH AND SOUTH SIDES OF BERMUDA
GARDENS ROAD, LYING WEST OF STATE ROAD A -1 -A, AS MORE
PARTICULARLY DESCRIBED HEREIN, AND REZONING AND PLACING
SAID LAND PRESENTLY ZONED RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT TO R -1 -A (SINGLE FAMILY RESIDENTIAL)
DISTRICT; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
JANUARY 2012 "; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the
provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the
"Community Planning Act "; and
WHEREAS, via Ordinance No. 82 -89, the City Commission adopted the document
entitled "Comprehensive Plan - Delray Beach, Florida "; and
WHEREAS, Robert Sussman and Ellen Sussman; Gerlinde Hofer; Howard C. Hutt;
Maria Donald; Ted A. Fried and Diane Cohen; Mary Beth McOwen; Stephen Mottola; and,
Robert W. Flanagan are the fee simple owners of the parcels of land comprising 2.40 acres
located on the north and south sides of Bermuda Garden Road, lying west of State Road A -1 -A;
and
WHEREAS, the subject property hereinafter described has an existing Future Land Use
Map (FLUM) designation of MD (Medium Density Residential 5 -12 du/ac); and
WHEREAS, the owners of the property requested to change the Future Land Use Map
designation from MD (Medium Density Residential 5 -12 du /ac) to LD (Low Density Residential
0 -5 du/ac); and
WHEREAS, the properties hereinafter described are shown on the Zoning District Map of
the City of Delray Beach, Florida, dated January 2012, as being zoned RM (Medium Density
Residential) District; and
WHEREAS, at its meeting of November 19, 2012, 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 Future Land Use Map designation and zoning classification
be changed for the property hereinafter described, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
further the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adapts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Future Land Use Map and Zoning District Map of
the City of Delray Beach, Florida be amended to reflect the revised designations.
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 are incorporated herein.
Section 2. That the Future Land Use Map designation of the subject property is hereby
officially affixed as LD (Low Density Residential 0 -5 du/ac).
Section 3. That the City Commission of the City of Delray Beach, Florida, hereby
declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes
Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act."
Section 4. 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 R-1 -A (Single Family Residential)
District for the following described properties:
Beginning at the intersection of a line parallel to, and 1300 feet northerly from, measured
at right angles to, the east and west Quarter Section line of said Section 28 with the westerly right
of way line of State Road No. A -1 -A., as now laid out and in use; thence westerly, along said
parallel line to the East right of way line of the Florida Intracoastal Waterway; thence southerly
along said right of way line 200 feet, more or less to a point in a line parallel to and 200 feet
southerly from first herein described course; thence easterly along said parallel line a distance of
ORD NO. 42 -12
220 feet; thence northerly, at right angles to the preceding course, a distance of 100 feet; thence
easterly to the westerly right of way line of State Road No. A -1 -A, as now laid out and in use;
thence northerly along said westerly right -of way line, a distance of 100.58 feet to the point of
beginning.
Together With
Lots 1 and 2, Bermuda Gardens Plat No. 1, according to the Plat thereof as recorded in
Plat Book 92, Page 74, of the Public Records of Palm Beach County, Florida.
Together With
Lots 1 and 2, Bermuda Gardens Estates, according to the Plat thereof, as recorded in Plat
Book 103, Page 8 of the Public Records of Palm Beach County, Florida. -
Section 5. 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 4 hereof.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section. 7. 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 9. That this ordinance shall become effective as follows: thirty -one (31) days
after adoption, unless the Comprehensive Plan amendment is timely challenged. If timely
challenged, the .effective date of this Ordinance shall be the date a final order is issued by the
State Land Planning or the Administration Commission, finding the adopted amendment to be in
compliance. No development orders, development permits, or land uses dependent on this
amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless
be made effective by adoption of a resolution affirming its effective status, a copy of which
resolution shall be sent to the state land planning agency.
ORD NO. 42 -12
PASSED AND ADOPTED in regular session on second and final reading on this the
day of 12013.
ATTEST
City Clerk
First Readin
Second Readin
MAYOR
ORD NO. 4242
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PLANNING AND ZONING °ter
DEPARTMENT �� •" LOCATION
MAP
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
MEETING DATE: November 19, 2012
- --STAFF REPORT - --
ITEM: Privately - initiated Future Land Use Map Amendment (FLUM) from MD (Medium
Density Residential 6 -12 dulac) to LID (Low Density Residential 0 -5 dulac) and
Rezoning from RM (Multiple Family Residential - Medium Density) to R -1 -A (Single
Family Residential) for nine residential lots (2.40 acres total) located along Bermuda
Gardens Road between Ocean Boulevard and the Intracoastal Waterway.
Agent ............................. ...... Beth McOwen
Location ....... ............................... Bermuda Gardens Road between
Ocean Boulevard and the
Intracoastal Waterway
Property Size — . ........................ 2.40 acres
Existing FLUM ........................... MD (Medium Density Residential —
Medium Density 6 -12 du /ac)
Proposed FLUM ........................ LD (Low Density Residential 0 -5
d u /ac)
Current Zoning ............................ RM (Multiple Family Residential
- Medium Density)
Proposed Zoning..... ................. - R-1 -A (Single Family Residential)
Adjacent Zoning. ....... ...... North: RM (Multiple Family Residential —
Medium Density)
East: RM (Multiple Family Residential
- Medium Density)
South: RM (Multiple Family Residential
- Medium Density)
West: R- 1 -AA -13 (Single Family Residential)
Existing Land Use ...................... Single Family Residences
Proposed Land Use— ................. Single Family Residences
Water Service ......................
Sewer Service ......................
Available via connection to an 8°
water main located along Bermuda
Gardens Road
Available via connection to an 8"
sewer main located along Bermuda
Gardens Road
INNS
INS W
I on
he
■
The item before the Hoard is that of making a recommendation to the City Commission on a privately -
initiated small -scale Comprehensive Plan amendment and rezoning for the Bermuda Gardens
residential neighborhood, located on the west side of Ocean Boulevard along Bermuda Gardens
Road. The small -scale Comprehensive Plan amendment consists of a Future Land Use Map change
from MD (Medium Density Residential 6 -12 du/ac) to LD (Low Density Residential G -5 du/ac)
and an associated rezoning from RM (Medium Density Residential) to R -1 A (Single Family
Residential).
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 Future Land
Use Map changes or the rezoning of any property within the City.
The neighborhood consists of nine residential lots with a total of 2.40 acres. A portion of the lots
have been subdivided by two plats. The Bermuda Gardens Plat No. 1 contains two lots and the
Bermuda Garden Estates Plat contains two lots. The remaining five lots were created by metes and
bounds description. The neighborhood consists of eight single family residences (one house
occupies two lots).
At its meeting of September 28, 2005, the Site Plan Review and Appearance Board approved a Class
V site plan application to construct three townhouses at the southwest corner of Bermuda Gardens
Road and Ocean Boulevard. This prior approval for a multiple family use at the entrance to their
single family neighborhood raised concerns for the remaining property owners. The neighborhood is
now collectively seeking the change in land use and zoning which would not allow multiple family
uses. The site plan approval was granted an extension to September 28, 2009. The site plan was
never certified and the site plan approval ended on the expiration date.
The proposed changes are not associated with any redevelopment proposal. Each of the property
owners have applied together to change the FLUM and Zoning Map designations which are
consistent with the existing single family uses in the neighborhood_
Current Land Use Designation: The current Future Land Use Map designation for the property is
MD (Medium Density 5 -12 du/acre).
Requested Land Use Designation: The requested Future Land Use Designation is (LD — Low
Density 0 -5 du/acre).
The Future Land Use Map amendment is being processed to bring the designation in line with the
existing land uses which are single family residences.
REQUIRED FINDINGS
LAND DEVELOPMENT REGULATIONS CHAPTER 3 — PERFORMANCE STANDARDS:
Pursuant to LDR Section 3.1.1, prior to approval of Land Use 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, written materials submitted by the applicant, the staff report,
Planning & Zoning Board Staff Report —November 19, 2012
Bermuda Gardens — Small -Scale Comprehensive Plan Amendment and Rezoning
Page 2
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 (FLUM),
Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
❑ - Future Land Use Man. The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent with
the applicable land use designation as shown on the Future Land Use Map,
The proposed Future Land Use Map amendment is being processed as a small scale
Comprehensive Plan amendment. Florida Statutes F.S. 163.3187 provides a small scale
development amendment may be adopted under the following conditions:
(a) The proposed amendment involves a use of 10 acres or fewer;
(b) The cumulative annual effect of the acreage for all small scale development amendments
adopted by the local government does not exceed a maximum of 120 acres in a calendar
year;
(c) The proposed amendment does not involve a text change to the goals, policies, and
objectives of the local government's comprehensive plan, but only proposes a land use
change to the future land use map for a site - specific small scale development activity.
However, text changes that relate directly to, and are adopted simultaneously with, the
small scale future land use map amendment shall be permissible under this section;
(d) The property that is the subject of the proposed amendment is not located within an area
of critical state concern, unless the project subject to the proposed amendment involves
the construction of affordable housing units meeting the criteria of S. 420.0004(3), and Is
located within an area of critical state concern designated by s. 380.0852 or by the
Administration Commission pursuant to s. 380.05(1).
The Future Land Use Map Amendment is to change the existing MD designation to LD. The LD
FLUM designation, as defined in the Comprehensive Plan, "is applied to land which is developed,
or is to be developed, at a density of five units per acre or less. Such land is usually developed
for single family purposes although mixed residential uses may occur under a planned residential
zoning district. Home ownership is characteristic of this designation. Where this designation
exists, uses other than low density residential shall not be considered." The existing use of each
property is single family residential which is consistent with a LD FLUM designation. The total
area of the subject properties is 2.40 acres. The proposed amendment does not include a text
change to the goals, policies, and objectives of the Comprehensive Plan. To date, the City has
approved 1.65 acres of small scale amendments (4.05 acres total with proposed FLUM
amendment). f=urther, the property is not located within an area of critical state concern. Based
on these factors the proposal meets the criteria by which a small scale amendment can be
approved. Since the proposed R-1 -A zoning district is consistent with the proposed LD FLUM
designation, a positive finding with respect to Future Land Use Map consistency can be made.
❑ Concurrency. Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
Concurrency as defined pursuant to Objective B -2 of the Future Land Use Element of the
Comprehensive Plan must be met and a determination made that the public facility needs
(including public schools), of the requested land use and/or development application, will
not exceed the ability of the City and The School District of Palm Beach County to fund and
provide, or to require the provision of needed capital improvements to maintain the Levels
Planning & Zoning Board Staff Report — November 19, 2012
Bermuda Gardens — Small -Scale Comprehensive Plan Amendment and Rezoning
Page 3
of Service Standards established in Table GI -GOP -1 of the adopted Comprehensive flan of
the City of Delray Beach.
The FLUM amendment and rezoning are to less intense designations, The multiple family
designations currently allow for a density of up to 12 dwelling units per acre. The properties add
up to 2.40 acres, which would allow for 29 dwelling units if the property were aggregated under
the current designation. The 8 properties contain existing single family residences and their
related public facility needs have been accommodated.
Traffic:
An analysis of the traffic impacts associated with the maximum development potential of both the
existing and proposed Future Land Use Map designations was conducted. The existing
development potential of the multiple family designated properties (29 dwelling units) is a peak
hour trip generation of 19 vehicle trips in both the a.m. and p.m. The trip generation of the
existing single family homes is 8 peak p.m. trips. Thus, the proposed FLUM and rezoning would
result in the reduction of potential vehicle trips by decreasing the development potential. Since
the proposed Future Land Use Map designation will represent a net reduction in maximum
potential traffic volumes, a positive finding with respect to traffic concurrency can be made.
Water & Sewer:
The single family residences are served by lateral connection to 8 inch sewer and water mains
along Bermuda Gardens Road. Since adequate capacity is available in the City's water and
wastewater systems to meet the existing demand, the proposed FLUM amendment will not impact
the level of service standard for these facilities.
Draina[ie:
On -site drainage for existing development has been provided for. No new development is
proposed nor is any contemplated.
Parks & Recreation:
The proposed FLUM amendment and Rezoning will have no impact to the City's recreational
facilities.
School Concurrence.
The proposed FLUM amendment and Rezoning will restrict any redevelopment to the single
family uses which are currently built (except for the potential addition of one unit). No impact on
school concurrency is contemplated.
Solid Waste:
The proposed FLUM amendment and Rezoning will have no impact to the solid waste system.
Based on the above analysis, positive findings can be made at this time with regard to
concurrency for all services and facilities.
❑ Consistence: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
Planning & Zoning Board Staff Report — November 19, 2012
Bermuda Gardens — Small -Scale Comprehensive Plan Amendment and Rezoning
Page 4
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policy A -9.7: Amendments to the FLUM must be based upon the
findings listed below, and must be supported by data and analysis that demonstrate
compliance with these findings:
Demonstrated Need: That there is a need for the requested land use. The need must be
based upon circumstances such as shifts in demographic trends, changes in the
availability of land, changes in the existing character and FLUM designations of the
surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into
the municipal boundaries, or similar circumstances. The need must be supported by data
and analysis verifying the changing demographics or other circumstances. This
requirement shall not apply to requests for the FLUM designations of Conservation or
Recreation and Open Space; nor shall it apply to FLUM changes associated with
annexations when the City's Advisory FLUM designation is being applied, or when the
requested designation is of a similar intensity to the Advisory designation. However, the
findings described in the remainder of this policy must be addressed with all FLUM
amendments.
The existing uses of all properties along Bermuda Gardens Road are single family. The multiple
family FLUM and zoning Map designations are inappropriate for these properties given their
existing uses. Therefore, this built -out condition represents a change in circumstances that
warrants the proposed changes.
Gompatibility: The requested designation will be compatible with the existing and future
land uses of the surrounding area.
As demonstrated in the "Rezoning Analysis" section, under findings for Section 3.2.2 (Standards
for Rezoning Actions), the requested R -1 -A zoning and LID FLUM designations will not be
incompatible with existing and future land uses of the surrounding area and a positive finding with
respect to compatibility can be made.
❑ Compliance _with _LDRs: Development under the requested designation will comply with the
. provisions and requirements of the Land Development Regulations.
At this time, there is no redevelopment anticipated for the subject property at this time. Any future
redevelopment of the properties will have to comply with the standards that are in place at the
time since compliance with the LDR's will be required with any redevelopment, a positive finding
with respect to this item can be made.
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance
with the development criteria of the LDR were previously discussed under the "Future Land Use Map
Amendment Analysis" section of this report. Compliance with the Land Development Regulations with
respect to Standards for Rezoning Actions and Rezoning Findings are discussed below.
Section 3.2.2 (Standards for Rezoning Actions):
(A) The most resti7ctive residential zoning district that is applicable given existing development
patterns and typical lot sizes shall be applied to those areas identified as "stable" and
"stabilization" on the Residential Neighborhacd Categorization Map. Bequests for rezonings to a
Planning & Zoning Board Staff Report — November 1% 2012
Bermuda Gardens — Small -Scale Comprehensive Plan Amendment and Rezoning
Page 5
different zoning designation, other than Community Facilities, Open Space, Open Space and
Recreation, or Conservation shall be denied.
The existing development pattern along Bermuda Gardens Road is single family residences.
Thus, the rezoning to R -1 -A is appropriate.
(B) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be
permitted west of 1 -35
This standard is not applicable.
(C) Zoning changes that would result in strip commercial development shall be avoided. Where strip
commercial developments or zoning currently exists along an arterial street, consideration should
be given to increasing the depth of the commercial zoning in order to provide for better project
design.
This standard is not applicable.
(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 proposed R -1 -A zoning designation would not create an incompatibility with the surrounding
multiple family uses. However, it is noted that the rezoning of the subject property creates a
further nonconformity (building currently exceeds 35 --foot height maximum) with two of the
multiple family buildings (located north of the Bermuda Gardens Road neighborhood). Per LDR
Section 4.4.13(I)(c), the required setback for the third floor of these condominium buildings is 37
feet adjacent to a lower density zoning designation while the existing setback is 30 feet.
(E) Remaining, isolated infill tots within the coastal planning area shall be developed under zoning
which is identical or similar to the zoning of adjacent properties, acrd, the resulting development
shall be of a design and intensity which is similar to the adjacent development.
This standard is not applicable,
The rezoning from RM to R -1 -A does not create an incompatible land use with respect to the
surrounding area. Thus, the proposed rezoning can be found to be in compliance with LDR Section
3.2.2 (D).
Section 2.4.5 (D) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D)(5), in addition to provisions
of Chapter Three, 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; or
Planning & Zoning Board Siaff Report — November 19, 2D12
Bermuda Gardens — Small -Scale Comprehensive Plan Amendment and Rezoning
Page 6
(c) That the requested zoning is of similar intensity as allowed under the Future Land Use
Map and that it is more appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
The applicant has submitted the following justification statement based on item (c) above;
"Ali residences are single family to have zoning consistent with present use."
The proposed R -1 -A zoning district is more appropriate for the single family residences along
Bermuda Gardens Road, The rezoning will prevent the hodgepodge redevelopment of
multiple family units within this neighborhood. Based on this a positive finding with respect to
LDR Section 2.4.5(D)(5) can be made.
The proposed rezoning is not in a geographic area requiring review by either the Downtown
Development Authority (DDA), or the Community Redevelopment Agency (CRA).
Courtesy Notices: A special courtesy notice was provided to the following homeowners and civic
associations:
• Neighborhood Advisory Council
• Delray Citizens' Coalition
• Beach Property Owners
• Bermuda High
• Delray Beach-Club Apartments
Bermuda High West
• Coastal Delray
• Coastal House
IPARC Notice: On October 24, 2012, notice of the Comprehensive Plan Amendment was provided
to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to
adjacent municipalities. No objections have been received to date.
Public Notices. Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of objection and/or support, if any, will be presented at the Planning and
Zoning Board meeting.
_.. mm —
Based on staff's analysis; the proposed FLUM amendment and rezoning are supportable given the
existing uses along Bermuda Gardens Road. Despite being located between two multiple family
developments that are much more intense, the Bermuda Gardens neighborhood is stable and
deserves a designation change that will reinforce this stability. It is noted that the proposed change
will create another nonconformity for the multiple family development to the north with respect to
building setback. This is in addition to the existing nonconformity to the maximum building height (35-
foot maximum). Based on the analysis in this staff report, positive findings can be made with respect
to LDR Section 3.1.9 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the
Goals, Objectives, and Policies of the Comprehensive Plan.
Planning & Zoning Board Staff Reporl -- November 19, 2012
Bermuda Gardens — Small -Scale Comprehensive Plan Amendment and Rezoning
Page 7
A. Postpone with direction.
B. Move a recommendation of approval to the City Commission for the request for the smali -scale
Comprehensive Plan amendment, Including a Future Land Use Map amendment from MD
(Medium Density Residential 6 -12 dulac) to LID (Low Density Residential 0 -5 dulac) and rezoning
from RM (Medium Density Residential) to R -1 -A (Single Family Residential) for the subject
property, by adopting the findings of fact and law contained in the staff report, and finding that the
request and approval thereof 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 request for the small -scale
Comprehensive Plan amendment, including a Future Land Use Map amendment from MD
(Medium Density Residential 6 -12 dulac) to LD (Low Density Residential 0 -5 dulac) and rezoning
from RM (Medium Density Residential) to R -� -A (Single Family Residential) for the subject
property, by adopting the findings of fact and law contained in the staff report, and finding that the
request and approval thereof is inconsistent with the Comprehensive flan, and does not meet the
criteria set forth in Sections 2.4,5(D)(5) and 3.1 .1 of the Land Development Regulations.
Staff recommends that the Planning and Zoning Board move to recommend approval to the City
Commission for the request for the small -scale Comprehensive Plan amendment, including Future
Land Use Map amendment from MD (Medium Density Residential 6 -12 du /ac) to LID (Low Density
Residential 0 -5 dulac) and rezoning from RM (Medium Density Residential) to R -1 -A (Single Family
Residential) for the subject properly, by adopting the findings of fact and law contained in the staff
report, and finding that the request and approval thereof is consistent with the Comprehensive Plan,
and meets the criteria set forth in Sections 2.4.5(D)(5) and 3.1.1 of the Land Development
Regulations.
Attachments'.
• Location Map
• Applicants submittal totter acrd justification statement
• Existing and Proposed Zoning Maps
• Existing and Proposed Future Land Use Maps
To: City of Delray Beach
Planning and Zoning Department Director
100 NW First Avenue
Delray Leach, Florida 33444
From: Beth McOwen, Bermuda Gardens Road Owner's Agent
317 Bermuda Gardens Road
Delray Beach, FL 33483
Date. October 4, 2012
Justification. Statement for Future Land Use Element
Consistency -meets comprehensive Plan Goals
Concurrency- There is no impact on concurrency standards.
Compatibility- The requested designation will maintain the character of the
existing single- family development. Utilizing the Muted excess 18 foot
roadway.
Compliance- There are no purposed change in existing lot sizes and
complies with all land development regulations.
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Proposed Future Land Use Map Designation: L
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