Ord 60-04
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ORDINANCE NO. 60-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED R-l-A (SINGLE
FAMILY RESIDENTIAL) DISTRICT AND CF
(COMMUNITY FACILITIES) DISTRICT TO RM (MEDIUM
DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING
A PARCEL OF LAND LOCATED AT THE SOUTHWEST
CORNER OF SW 10m STREET AND SOUTH SWINTON
AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, JULY 2004"; 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, July 2004 as being zoned R-l-A (Single Family Residential) in part
and CF (Community Facilities) District in part; and
WHEREAS, at its meeting of October 18, 2004, 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
o 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 DELRA Y 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 RM (Medium Density Residential)
District for the following described property:
The West 175 feet of the North 120.9 feet of the East half (E Yz) of Lot 13, Section
20, Township 46 South, Range 43 East according to the Plat thereof, on file in the
Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in
Plat Book 1, Page 4, less the North 40 feet thereof for right of-way of SW 10th Street
and also less the West 10 feet thereof.
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Together With
The East 188.74 feet of the North Quarter (N 1f4) of the East half (E Yz) of Lot 13,
Section 20, Township 46 South Range 43 East, according to the Plat thereof on file
in the Office of the Clerk of the Circuit Court in and for Palm Beach County,
Florida, in Plat Book 1, Page 4, less the North 40 feet thereof for right-of-way of
Southwest 10th Street and also less the East 33 feet thereof for right-of-way of South
Swinton Avenue.
Together With
The West 194.74 feet of the East 487.74 feet of the North half (N Yz) of the
Northeast quarter (NE 1/4) of Lot 13, Section 20, Township 46 South, Range 43 East
according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in
and for Palm Beach County, Florida, in Plat Book 1 Page 4 less the North 120.9 feet
thereof.
Together With
The South half (S Yz) of the North half (N 1f2) of the East half of Lot 13, Section 20,
Township 46 South, Range 43 East according to the Plat thereof on file in the
Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in
Plat Book 1, Page 4, less the West 10 feet thereof and also less therefrom that
portion conveyed to the City of Delray Beach in Official Record Book 1659, Page
929 for right-of-way of South Swinton Avenue.
Together With
The West 99 feet of the East 287.74 feet of the North quarter (N 1.14) of the East half
(E Yz) of Lot 13, Section 20, Township 46 South, Range 43 East, less the East 15
feet of the South 85 feet thereof, according to the Plat thereof on file in the Office
of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat
Book 1 Page 4 and also less the North 40 feet thereof for right-of-way of SW 10th
Street.
Together With
The West 100 feet of the East 387.74 feet of the North 120.9 feet of the East half of
Lot 13, of the Subdivision of Section 20, Township 46 South, Range 43 East in Palm
Beach County, Florida, in Plat Book 1, Page 4, Public Records of Palm Beach
County, Florida, less the North 35 feet thereof.
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ORD NO. 60-04
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Together With
The West 100 feet of the East 487.74 feet of the North 120.9 feet of Lot 13, Section
20, Township 46 South, Range 43 East according to the Plat thereof on file in the
Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in
Plat Book 1, Page 4, less the North 35 feet thereof for right-of-way SW 10th Street.
Together With
Lots 1 through 23, inclusive, Plat No 3, Southridge Subdivision of the City of Delray
Beach, Florida, as per Plat thereof on file in the Office of the Clerk of the Circuit
Court in and for Palm Beach County Florida, recorded in Plat Book 24, Page 24, as
well as that parcel or quantity of land abandoned by the City of Delray Beach,
Florida, on March 7 1960, which quantity of land comprises of the 50 foot right-of-
way on SW 10th Court, less that portion of the subject property included in the
widened right-of-way of South Swinton Avenue, as described by deed recorded in
Official Records Book 1659, Page 937, Public Records of Palm Beach County,
Florida.
Together With
The East 15 feet of the South 85 feet of the West 99 feet of the East 287.74 feet of
the North quarter (N %) of the East half (E Yz) of Lot 13, Section 20, Township 46
South, Range 43 East, according to the Plat thereof on file in the Office of the Clerk
of the Circuit Court an and for Palm Beach County, Florida, in Plat Book 3, Page 4.
Together With
The West 194.74 feet of the East 487.74 feet of the North one-half (N 1f2) of the
Northeast quarter (NE %) of Lot 13, Section 20, Township 46 South, Range 43
East, according to the Plat thereof on file in the Office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4, less the North
120.9 feet thereof.
Together With
The North quarter (N 1f4) of the East half (E Yz) of Lot 13, Section 20, Township 46
South, Range 43 East, according to the plat thereof on file in the Office of the Clerk
of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4,
less the East 287.74 feet and less the North 120.9 feet thereof and also the West 10
feet thereof.
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ORD NO. 60-04
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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 the effective date of
Ordinance 29-04, under which official land use designation of MD (Medium Density Residential 5-
12 du/ac) is affixed to the subject parcel hereinabove described.
I ~ PASSER AND ADOPTED in regular session on second and final reading on this the
~dayof ~~ ,20~.
ATTEST
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City Clerk
First Reading \ ~ \. \...Q \ () Â..
Second Reading \ ~\ ~ \)Ì\
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ORD NO. 60-04
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER tJ?1!1
AGENDA ITEM # , () (' _ - REGULAR MEETING DECEMBER 6, 2004
ORDINANCE NO. 60-04 cYRIVATELY INITIATED REZONING)
TO:
FROM:
DATE:
DECEMBER 3, 2004
This ordinance is before City Commission for second reading and a quasijudicial hearing for rezoning from CF
(Community Facilities) and R-l-A (Single Family Residential) to RM (Medium Density Residential) for an 8.96 acre
parcel of land for The Cottages at Banyan Village, located at the southwest comer of South Swinton Avenue and
S.W. 10th Street.
The subject property consists of several platted and unplatted parcels. At its meeting of May 17, 2004, the Planning
and Zoning Board held a public hearing in conjunction with a related Future Land Use Map (FLUM) amendment
from Low Density (LD) to Medium Density Residential (MD) and a rezoning request from R-l-A and CF to RM-
10 for the subject property. The Board voted 3-1 to recommend that the requests be denied based upon
inconsistencies with Future Land Use Element Objective A-l, Future Land Use Element Policies A-1.7 and C-1.7,
and Housing Element Policy A-12.3 of the Comprehensive Plan as well as not meeting the criteria set forth in
Sections 2.4.5(D)(5) (Rezoning Findings), 3.1.1 (Required Findings) and 3.2.2 (Standards for Rezoning Actions) of
the Land Development Regulations (LDR).
At the June 8, 2004 City Commission Meeting, the aforementioned FLUM amendment and rezoning was approved
to facilitate transmittal of the amendment to the Department of Community Affairs (DCA) with direction that the
applicant address concerns related to density and affordable housing before the amendment returned from the
State. The applicant has modified their rezoning application from RM-l0 to RM (proposed maximum allowable
density- twelve (12) dwelling units per acre) to meet the requirements of the Southwest Area Neighborhood
Redevelopment Plan. Accompanying the request was a commitment to build at least 20% of the units as
workforce housing units, proposed by means of a Restrictive Covenant Agreement, which entailed placing a ten
(10) year restriction on the resale of workforce housing units; and assessing a penalty of 50% on the profits made
from an early sale.
On October 18, 2004, the Planning and Zoning Board held a public hearing in conjunction with the request. The
Board voted 5-0 to recommend that the request be approved, by adopting the findings of fact and law contained in
the staff report, and that the request is consistent with the Comprehensive Plan and meets the criteria with respect
to LDR Sections 2.4.5 (D) (5) (Rezoning Findings), Section 3.1.1 (Required Findings), and Section 3.2.2 (Standards
for Rezoning Actions).
At its meeting of October 19, 2004, the City Commission considered the revised rezoning request of RM on first
reading. After discussing the method by which the workforce houslng component was to be enforced, the
Commission continued the request and directed staff to accelerate the Density Bonus Ordinance for the Southwest
Area Neighborhood Redevelopment Plan and include this property. A Family/Workforce Housing Ordinance has
been prepared which includes this property as an overlay district subject to a requirement to provide at least 20%
workforce housing units.
At the first reading on November 16, 2004, the City Commission passed Ordinance No. 60-04.
Recommend approval of Ordinance No. 60-04 on second and final reading.
S:\Clty Clerk\agenda mernos\Ord.60-04 Rezonmg Cottages at Banyan Village 1206 04
FROM:
CITY COMMISSION DOCUMENTATION
DAV~ ,CI
PAUl: DORLlNG, DIRE R OF PLANNING AND ZONING
ROBERT G. TEFFT, SENIOR PLANNER~ ¿.--Œ h~·
MEETING OF NOVEMBER 16, 2004
PRIVATELY SPONSORED REZONING FROM SINGLE-FAMILY RESIDENTIAL (R-1-A)
AND COMMUNITY FACILITIES (CF) TO MEDIUM DENSITY RESIDENTIAL (RM) FOR
THE PROPERTIES LOCATED AT THE SOUTHWEST CORNER OF SWINTON
AVENUE AND SW 10TH STREET.
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TO:
THRU:
SUBJECT:
BACKGROUND
I
The subject properties total approximately 8.96 acres and include several platted and unplatted parcels
located at the southwest corner of Swinton Avenue and SW 10th Street. The properties are presently
zoned either R-1-A or CF with an underlying compatible FLUM designation of LD.
At its meeting of May 17, 2004, the Planning and Zoning Board held a public hearing in conjunction with
a related Future Land Use Map (FLUM) amendment from Low Density Residential (LD) to Medium
Density Residential (MD) and a rezoning request from R-1-A and CF to RM-10 for the subject property.
The Board voted 3-1 to recommend that the requests be denied based upon inconsistencies with Future
Land Use Element Objective A-1, Future Land Use Element Policies A-1.7 and C-1.7, and Housing
Element Policy A-12.3 of the Comprehensive Plan as well as not meeting the criteria set forth in Sections
2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
The City Commission, at its meeting of June 8, 2004, approved on first reading the aforementioned
FLUM amendment and rezoning. The approval was to facilitate transmittal of the amendment to the
Department of Community Affairs (DCA) with direction that the applicant address concerns related to the
density and affordable housing with staff before the amendment returned from the State. The applicant
has been working with staff to meet the requirements of the Southwest Area Neighborhood
Redevelopment Plan (provision of affordable housing) and has modified their rezoning application from
RM-10 to RM - a change in the proposed maximum allowable density from ten (10) dwelling units per
acre to twelve (12) dwelling units per acre. Accompanying the rezoning request was a commitment to
build at least 20% of the units as workforce housing units. The commitment, proposed by means of a
Restrictive Covenant Agreement, further entailed placing a ten (10) year restriction on the resale of
workforce housing units; and assessing a penalty of 50% on the profits made from an early sale.
The proposed rezoning was scheduled to be heard by the Planning and Zoning Board at its meeting of
September 27, 2004; however the item was continued until the Board's meeting of October 18, 2004, at
which time the Planning and Zoning Board held a public hearing in conjunction with the rezoning request
and voted 5-0 (Krall absent, Pike stepped down) to recommend that the request be approved, 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(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
At its meeting of October 19, 2004, the City Commission considered the revised rezoning request of RM
on first reading. After discussing the method by which the workforce housing component was to be
enforced the Commission continued the request and directed staff to accelerate the Density Bonus
Ordinance being considered for the Southwest Area Neighborhood Redevelopment Plan and include this
property within it. A Family I Workforce Housing Ordinance has been prepared which includes this
property as an overlay district subject to a requirement of at least 20% workforce housing units being
\@.A
City Commission Documentation
Meeting of November 16, 2004
Privately Sponsored Rezoning for The Cottages at Banyan Village
Page 2
provided. This ordinance is being considered on the same agenda as this proposal. Given the voluntary
commitment to provide this workforce housing component, the required findings of consistency can be
made with respect to the Comprehensive Plan and the Southwest Area Neighborhood Redevelopment
Plan for this rezoning request and staff is recommending approval.
ALTERNATIVE ACTIONS
A. Move approval of the privately sponsored request for a rezoning from R-1-A and CF to RM 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(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
B. Move denial of the privately sponsored request for a rezoning from R-1-A and CF to RM for the
subject property, by adopting the findings of fact and law contained in the staff report, and finding that
the request is inconsistent with the Comprehensive Plan, specifically Future Land Use Element
Objective A-1, Future Land Use Element Policy A-1.7 and C-1.7, and Housing Element Policy A-12.3,
and does not meet the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land
Development Regulations.
C. Continue with direction.
RECOMMENDED ACTION
Move approval of the privately sponsored request for a rezoning from R-1-A and CF to RM 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(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Attachments: Planning and Zoning Board Staff Report of October 18, 2004, and Ordmance by Others
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE:
AGENDA ITEM:
ITEM:
October 18, 2004
IV. B.
Rezoning from Single-Family Residential (R-1-A), In part, and Community
Facilities (CF), in part, to Multiple Family Residential (RM) (Quasi-Judicial
Hearing).
GENERAL DATA:
Owner I Applicant.................. Balestrieri Development Corp.
Agent............................... Weiner & Aronson, P.A.
Location................................ Southwest Corner of Swinton
Avenue and SW 10th Street
Property Size......................... 8.96 Acres
Current FLUM Designation.... Low Density Residential 0-5 du/ac
(LD)
Proposed FLUM Medium Density Residential 5-12
Designation....................... du/ac (MD)
Current Zoning................... Single-Family Residential (R-1-A)
and Community Facilities (CF)
Proposed Zoning................ Medium Density Residential (RM)
Adjacent Zoning..... North: Single-Family Residential (R-1-A)
South: Single-Family Residential (R-1-A)
East: Special Activities District (SAD)
West: Single-Family Residential (R-1-A)
Existing Land Use................. Vacant
Proposed Land Use.............. Rezoning from R-1-A and CF to
RM Associated with a Proposed
Multiple-Family Development
Water Service....................... N/A
Sewer Service....................... N/A
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IV.B.
ITEM BEFORE THE BOARD
I
The action before the Board is that of making a recommendation to the City Commission on a
privately sponsored rezoning from Single-Family Residential (R-1-A) and Community Facilities (CF) to
Medium Density Residential (RM) for the properties located at the southwest corner of Swinton
Avenue and SW 10th Street.
Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning Agency
(Planning and Zoning Board) shall review and make a recommendation to the City Commission with
respect to a FLUM amendment and Rezoning of any property within the City.
BACKGROUND
,
The subject properties total approximately 8 96 acres and include several platted and unplatted
parcels located at the southwest corner of Swinton Avenue and SW 10th Street. The properties are
presently zoned either R-1-A or CF with an underlying compatible FLUM designation of LD.
Each of the subject properties were at one time zoned R-1-A. At its meeting of February 6, 1996, the
City Commission approved the rezoning of a 7.84 acre parcel from R-1-A to CF to accommodate the
Full Gospel Assembly Church. The remaining 1.15 acres zoned R-1-A each contained residential
structures. The Full Gospel Assembly Church never established operations on the subject property
and the single-family homes have been demolished.
At its meeting of May 17, 2004, the Planning and Zoning Board held a public hearing in conjunction
with a related Future Land Use Map (FLUM) amendment from Low Density Residential (LD) to
Medium Density Residential (MD) and a rezoning request from R-1-A and CF to RM-10 for the
subject property. The Board voted 3-1 to recommend that the requests be denied based upon
inconsistencies with Future Land Use Element Objective A-1, Future Land Use Element Policies A-
1.7 and C-1.7, and Housing Element Policy A-12.3 of the Comprehensive Plan as well as not meeting
the criteria set forth in Sections 2.4 5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations
The City Commission, at its meeting of June 8, 2004, approved on first reading the aforementioned
FLUM amendment and rezoning. The approval was to facilitate transmittal of the amendment to the
Department of Community Affairs (DCA) with direction that the applicant address concerns related to
the density and workforce housing with staff before the amendment returned from the State. The
applicant has been working with staff to meet the requirements of the Southwest Area Neighborhood
Redevelopment Plan (provision of workforce housing) and has modified their rezoning application
from RM-10 to RM - a change in the proposed maximum allowable density from ten (10) dwelling
units per acre to twelve (12) dwelling units per acre. Accompanying the rezoning request was a
commitment to build at least 20% of the units as workforce units. The commitment, proposed by
means of a Restrictive Covenant Agreement, further entailed placing a ten (10) year restriction on the
resale of workforce units; and assessing a penalty of 50% on the profits made from an early sale.
The proposed rezoning was scheduled to be heard by the Planning and Zoning Board at its meeting
of September 27, 2004; however the item was continued until the Board's meeting of October 18,
2004, in order to give the applicant additional time to address concerns with the Restrictive Covenant
Agreement associated with the rezoning. The rezoning request is now before the Board for action.
ZO~ING A~AL YSIS
,
REQUIRED FINDINGS:
Pursuant to LOR Section 3.1.1, 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
Planning and Zoning Board Staff R~- 1:
Cottages at Banyan Village - Rezorio .:1 from R-1-A and CF to RM
Page 2
by the body which has the authority to approve or deny the development application. These
findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency
and Compliance with the Land Development Regulations.
o Future Land Use Map: 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 zoning designation of Medium Density Residential (RM) is consistent with the
proposed Medium Density Residential (MD) FLUM designation. Multiple-family townhouse
developments are allowed under RM zoning district as a permitted use at a base density of six (6)
units per acre. Increases above that density are only allowed if the subsequent development
substantially complies with the performance standards listed in LDR Section 4-4.6(1). Based on
the above, positive findings can be made with respect to FLUM consistency.
o Concurrency: 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 of the requested land use and/or development application will not exceed the
ability of the City to fund and provide, or to require the provision of, needed capital
improvements in order to maintain the Levels of Service Standards established in Table CI-
GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach.
The proposal involves amending the zoning designations from R-1-A and CF to RM on several
adjoining parcels, which totals approximately 8.96 acres. The proposed rezoning will result in an
increased impact on adopted concurrency standards. Concurrency findings with respect to Parks
and Recreation, Schools, Solid Waste, Traffic, and Water and Sewer are discussed below:
Parks and Recreation: Pursuant to Land Development Regulations (LDR) Section 5.3.2, a park
impact fee of $500_00 per dwelling unit will be collected prior to issuance of a building permit for
each unit. Based upon the proposed rezoning, the maximum allowable density (12 du/ac) would
allow 107 dwelling units, thus requiring a park impact fee of $53,500_
Schools: A School Concurrency Application has been transmitted to the School District of Palm
Beach County for their consideration. The Palm Beach County School District must approve the
development proposal for compliance with the adopted Level of Service for School Concurrency.
Verification from the Palm Beach County School District is pending and the receipt of a written
finding of approval from the School District will be required with site plan approval.
Solid Waste: The subject properties are presently vacant and therefore currently have no impact
on this level of service standard. Assuming the proposed maximum density (12 du/ac), the
subject properties will generate 55.64 tons of solid waste per year. The increase can be
accommodated by existing facilities and thus, will not have a significant impact on this level of
service standard.
Traffic: The subject properties current FLUM designation of LD would permit maximum densities
that would generate 20 A.M. and 23 P.M. peak hour trips. According to the provided traffic study,
the proposed zoning designation would allow for a development generating 48 A.M. and 56 P.M.
peak hour trips, an increase of 28 and 33 peak hour trips, respectively. A copy of the submitted
traffic study has been transmitted to the Palm Beach County Traffic Division for review. A letter
from the Palm Beach County Traffic Division stating that the proposal complies with the Palm
Beach County Traffic Performance Standards Ordinance must be received prior to site plan
approval. It is anticipated that the proposal will meet traffic concurrency standards. Based upon
the above condition of approval being addressed, a positive finding with respect to traffic
concurrency can be made.
Planning and Zoning Board Staff Re' ''1
Cottages at Banyan Village - Rezon. ~ from R-1-A and CF to RM
Page 3
Water and Sewer: Water service can be provided to the site via connection to a 6" water main
located within the SW 10th Street right-of-way (north side of the property), a 2" water main
located within the Reigle Avenue right-of-way (south side of the property), or a 2" and 8" water
main located within the Swinton Avenue right-of-way (east side of the property). It is noted that
the 2" water mains may need to be upgraded with the future development of the property. Sewer
service can be provided to the site via connection to a sanitary sewer main located within either
the Reigle Avenue or Swinton Avenue rights-of-way. In order to secure adequate fire
suppression, fire hydrants will need to be provided within the development. However, it is noted
that fire hydrants exist immediately to the northwest and northeast of the property across SW 10th
Street, to the northeast of the property across Swinton Avenue, and to the southeast of the
property across Reigle Avenue.
The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet
the adopted level of service standard at the City's build-out population. The proposed rezoning
will increase the demand on these public services; however adequate capacity exists to
accommodate the proposal. Thus, a positive finding with respect to this level of service standard
can be made.
o Consistency: Compliance with the performance standards set forth in LOR Section 3.2.2,
along with the required findings in LOR Section 2.4.5(0) (5), 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 making a finding of overall consistency.
LOR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable
performance standard of LOR Section 3.2.2 is as follows:
(0) That the rezoning shall result in allowing land uses which are deemed compatible
with adjacent and nearby land use both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations exist to properly mitigate
adverse impacts from the new use.
The following neighborhoods, their zoning designations, sizes and densities border the subject
properties:
West
Zoning Number of
DesÎ(mation Residential Lots Total Acreaqe Densitv
Bellview Court R-1-A 26 4.84 5.37
Palm State Heights R-1-A 44 10.06 4.37
Swinton Gardens R-1-A 11 3.14 3.50
Southridge (Plat 1) R-1-A 94 16.11 5.83
Silver Terrace SAD 70 12.4 5.64
Sunset Park R-1-A 59 10.1 5.84
Average Density = 5.09
North
South
East
R-1-A = Sinç¡le-Familv Residential I SAD = Special Activities District
The above table indicates that predominantly all of the surrounding single-family neighborhoods
have a density of approximately five (5) dwelling units per acre. It is further noted that the
majority of these neighborhoods are nonconforming with regard to minimum lot dimensions and/or
areas, which results in densities that would be slightly higher than permitted under the present
Land Development Regulations. The Noah's Corner subdivision (AKA Swinton Gardens), which
is located at the northwest corner of Swinton Avenue and SW 10th Street directly north of the
Planning and ZOning Board Staff Rf' -r :
Cottages at Banyan Village - Rezor. d from R-1-Ä and CF to RM
Page 4
subject property, has only recently been developed and conforms to all minimum lot dimension
and area requirements. The density of this single-family neighborhood is generally two (2)
dwelling units per acre lower than that of its contemporaries and would be drastically less than the
proposed multiple-family development at twelve (12) dwelling units per acre. Not withstanding the
above, if significant buffers and additional setbacks were provided around the perimeter of the
development adjacent to the lower density residential areas, this impact could be mitigated.
Further, the placement of lower structures (two stories vs. three stories) toward the perimeter
would provide additional protection. These requirements will be addressed with site plan approval
which will require a finding of compatibility to increase densities above six (6) units per acre.
Based upon the above, given the provision of sufficient buffering from the existing low density
neighborhoods and utilization of lower structures around the perimeter of the development,
positive findings with regard to LOR Section 3.2.2(0) could be made.
LDR Section 2.4.5(D) (5) - Rezonina Findinas:
Pursuant to LOR Section 2.4.5(0) (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
(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 following is an excerpt from the applicant's justification statement:
"First, Section 2.4.5(0) (5) (b) is applicable because there has been a change in
circumstances which makes the current zoning inappropriate. Second, Section 2.4.5(0) (5)
(c) is applicable because the requested zoning of RM is more appropriate for the property
based upon circumstances particular to the site and neighborhood".
"The proposal to rezone the property to RM is to allow redevelopment of the property for
multiple family purposes. The highest and best use of the property is multiple family units
rather than single family homes. Given the location of the property, change of circumstances,
the rezoning and development of other properties in the vicinity to multi-family and the
continued escalation of single family home prices in Palm Beach County, redevelopment as
single family residences is problematic. To the east of the property are the railroad tracks and
across from the railroad tracks are some small business offices, automotive repair facilities
and commercial uses for plumbers and other contractors. Further south is the Plaza at Delray
shopping center. Further to the south of the proposed development is the Tarmac Ready-Mix
Plant which is neighbored by other manufacturing businesses such as Eagle Marine Services,
Tyler Fabricators and Buchanan Screen. Recently, Eagle Marine Services received
permission [conditional use approval] to conduct boat fabrication at its facilities. Moreover, the
City of Delray Beach Water Treatment Plant tower is clearly visible from the site. Finally,
further to the east of the property along SW 1 dh Street, multi-family housing, being Park Place
/ The Heritage Club, is in the process of being constructed. Therefore, the development of
multiple family residences on the subject properties is more logical as this type of residential
use provides for a better transition between commercial/industrial uses and single family
uses. Overall, a positive finding can be made that the change of circumstances in the area
makes the RM zoning district more appropriate than the current zoning".
Planning and Zoning Board Staff Re' 1:
Cottages at Banyan Village - Rezon. .:J from R-1-A and CF to RM
Page 5
The proposed development is located in the area of The Southwest Area Neighborhood
Redevelopment Plan ("Plan';' The purpose of the Plan is to move the Southwest
Neighborhoods toward stability and stimulate private sector investment in the area. Land
within the planning area shall be diNeloped or redeveloped to enhance the existing quality of
life, compliment existing land use and result in a mixed, but predominantly residential
community with a balance economic base. The Plan provides that increasinø residential
density and providinø affordable and diverse housinQ for a variety of incomes is a
primary øoal. Since this statement is clearly set forth in the Plan, it should be followed. In
order to provide this affordable and diverse housing, twelve (12) units per acre is needed".
According to the applicant, the basis for which the rezoning is being sought most closely relates to
reasons (b) and (c). If consideration is given to modify the zoning designations, then a designation
consistent with the prevailing future land use designation of Low Density to the north, south and west
should be given It is noted that the applicant has indicated a willingness to set aside at least 20% of
the units within the prospective development for workforce housing. This will meet the overall
direction of provIding workforce housing of the adopted Southwest Area Neighborhood Plan. To this
end, a draft of a Restrictive Covenant Agreement ("Agreement") that would be enacted subsequent to
site plan approval has been submitted. Planning and Zoning Department staff as well as the City
Attorney's Office have reviewed the Agreement and there is concern with taking the restrictive
covenant approach rather then implementing these types of requirements by ordinance. If this issue
is appropriately addressed and execution of the Agreement or Ordinance is undertaken, the request
may fulfill the necessary rezoning findings as per LOR Section 2.4.5(0) (5).
COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable objectives and policies are
noted:
Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate in terms of soil, topographic and
other applicable physical considerations; is complimentary to adjacent land uses; and fulfills
remaining land use needs.
The subject properties contain only one significant environmental characteristic, a large Banyan tree
located at the northeast corner of the site. This Banyan tree plays an important role in the character
of the property and must be incorporated into the design of any future development proposal for the
site. While the proposed development of the property will certainly provide additional housing, it is
multiple-family vs. single-family and twice the density of the surrounding single-family land uses to the
north, south and west. To the east is Swinton Avenue, the F.E.C. Railroad, Old Dixie Highway and a
mixture of uses including office, automotive repair, and single-family dwellings. The automotive repair
use is currently nonconforming and the current zoning and Silver Terrace Neighborhood Plan calls for
neighborhood commercial uses. While the applicant cites the conditions to the east to justify
compatibility, these uses are over 270' away given the combined rights-of-way. Given the above, the
proposed use and intensity are not complementary to adjacent uses; however given the provision of
sufficient buffering from the existing low density neighborhoods and utilization of lower structures
around the perimeter of the development, the intensity and compatibility concerns could be mitigated.
It is once again stressed that a binding guarantee can not be made that such measures would be
implemented.
Future Land Use Element Policy C-1.7: The following pertains to the Southwest Neighborhood
Redevelopment Area:
This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW
1d" Street on the south, Interstate-95 on the west, and Swinton Avenue on the east.
Planning and Zoning Board Staff Re 1
Cottages at Banyan Village - Rezonl..~ from R-1-A and CF to RM
Page 6
Many of the parcels in the area contain vacant or dilapidated structures, substandard parking
and substandard landscaping. The area also contains residential areas identified as
"Rehabilitation" on the Residential Neighborhood Categorization Map contained in the
Housing Element.
The Southwest Area Neighborhood Plan was adopted by the City Commission at its meeting
of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the
area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas
based upon current and proposed land uses. The sub-areas serve to define potential
boundaries for the phased implementation of the various plan components. Future
development in the area must be in accordance with the provisions of the Redevelopment
Plan.
The subject property is located within the borders of the Southwest Area Neighborhood
Redevelopment Plan and is more specifically included within sub-area #5. Sub-area #5 is identified
as "infill area" consisting of relatively stable residential neighborhoods that are experiencing some
deterioration, but do not require substantial redevelopment to achieve community livability goals.
The applicant stresses in their justification statement that "increasing residential density and providing
affordable housing for a variety of incomes" is a primary goal of the Redevelopment Plan. This theme
of providing affordable housing is noted throughout all sub-areas. The reference to increasing
residential densities is primarily aimed at sub-areas 1-3. The Redevelopment Plan indicates that in
sub-area #5, ¡nfHI development, housing rehabilitation and code enforcement are recommended. The
Redevelopment Plan further states that creative financing and resource development will be required
to deliver the product envisioned by community stakeholders without pricing current residents out of
the rental and home ownership market. Sub-area #5 is not located within an area specifically
recommended for land use actions which would increase residential density. The City Commission is
currently considering actions which will implement the portion of the Redevelopment Plan (increasing
residential densities) referenced by the applicant. These actions are within sub-areas #1 and #2 and
are directly tied to providing the affordable housing envisioned in the plan. This said the provision of
affordable housing is an overall theme worth achieving throughout the southwest area through
creative methods. If a significant commitment (percentage of units) can be delivered at an affordable
rate for a significant amount of time (10 years), compatibility with the Southwest Area Neighborhood
Plan can be achieved.
Housina Element Policv A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the stability of
nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed development
will result in a degradation of any neighborhood, the project shall be modified accordingly or
denied.
As discussed previously with the Concurrency analysis, the proposed new development will increase
traffic in the surrounding area; however this increase does not appear to be substantial. The resulting
increase in units will have little impact on the surrounding area with regard to noise, odors, dust,
and/or circulation patterns. The Southwest Area Neighborhood Redevelopment Plan notes that this
development parcel is located in a relatively stable neighborhood and "strongly recommends infill
development and rehabilitation of existing structures. This strategy should increase the availability of
affordable housing options." The introduction of multiple-family uses which includes workforce
housing within this area is likely to enhance stability. Based upon the above and the extent of
affordable units and their longevity, positive findings with respect to this Comprehensive Plan can be
made.
--
Planning and Zoning Board Staff Rr 1
Cottages at Banyan Village - Rezon',,::I from R-1-A and CF to RM
Page 7
REVIEW BY OTHERS
,
The subject properties are not In an area that requires review by the Community Redevelopment
Agency (CRA) or Downtown Development Authority (DDA).
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Presidents Council
o Progressive Residents of Delray (P.R.O.D.)
o United Property Owner's Association
Public Notice:
Formal public notice has been provided to property owners within a SOD' radius of the subject
property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board
meeting.
ASSESSMENT AND CONCLUSION
I
In the absence of specific enforceable commitments to provide workforce housing components and
varying step backs in development intensity, the proposed rezoning from R-1-A and CF to RM would
be inconsistent with respect to the Comprehensive Plan and Land Development Regulations Sections
24.5(0) (5), 3.1.1 and 3.2.2(0). With the formalization of appropriate agreements positive findings
may be made with regard to Consistency with the Comprehensive Plan as it relates to the provision of
workforce housing and the Southwest Area Neighborhood Redevelopment Plan. The subject property
is located within sub-area #5 of the Southwest Area Neighborhood Redevelopment Plan [ref. Future
Land Use Element Policy C-1.7] The Redevelopment Plan indicates that in sub-area #5, infill
development, housing rehabilitation and code enforcement are recommended. The Redevelopment
Plan further states that creative financing and resource development will be required to deliver the
product envisioned by community stakeholders without pricing current residents out of the rental and
home ownership market. While sub-area #5 is not located within an area specifically recommended
for land use actions which would increase residential density, this would qualify as a creative way to
provide workforce housing options. Accordingly, the goals of the Redevelopment Plan would be
furthered by the proposed FLUM amendment and associated rezoning and positive findings can be
made with respect to Future Land Use Element Policy C-1.7. Careful consideration to the related site
plan (Le. increased buffers, stepping-in of height, and affordable housing options must be considered
to assure that the introduction of incompatible multiple-family uses within this area will not occur.
Such an introduction would likely result in a destabilization of the neighborhood via a gentrifying
effect. If the appropriate workforce housing component is introduced positive findings can be made
with regard to Housing Element Policy A-12.3.
AL TERNATIVI;AC110NS
,
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the privately sponsored request
for a rezoning from R-1-A and CF to RM 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(0) (5),
3.1.1 and 3.2.2 of the Land Development Regulations.
Planning and Zoning Board Staff Rf" "t
Cottages at Banyan Village - Rezofl, .~ from R-1-A and CF to RM
Page 8
C. Move a recommendation of denial to the City Commission for the privately sponsored request for
a rezoning from R-1-A and CF to RM for the subject property, by adopting the findings of fact and
law contained in the staff report, and finding that the request is inconsistent with the
Comprehensive Plan, specifically Future Land Use Element Objective A-1, Future land Use
Element Policy A-1.7 and C-1.7, and Housing Element Policy A-12.3, and does not meet the
criteria set forth in Sections 2.4.5(0) (5), 3 1.1 and 3.2.2 of the Land Development Regulations.
RECOMMENDED ACTION
,
Move a recommendation of approval to the City Commission for the privately sponsored request for a
rezoning from R-1-A and CF to RM 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(0) (5), 3.1.1 and 3.2.2 of the
land Development Regulations.
Attachments' LocatIOn Map
Staff Report Prepared by: Robert G Tefft, Senior Planner
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T R A C 0 A S TAL
WATERWAY
ORDINANCE NO. 60-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-I-A (SINGLE FAMILY RESIDENTIAL)
DISTRICT AND CF (COMMUNITY FACILITIES) DISTRICT TO RM
(MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING
A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER
OF SW 10TH STREET AND SOUTH SWINTON AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING
MAP OF DELRA Y BEACH, FLORIDA, JULY 2004"; 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, July 2004 as being zoned R-I-A (Single Family Residential) in part
and CF (Community Facilities) District in part; and
WHEREAS, at its meeting of October 18, 2004, 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
.. to recommend.......... of the rezoning of the property hereinafter described, based upon a failure
to make 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 DELRA Y 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 RM (Medium Density Residential)
District for the following described property:
The West 175 feet of the North 120.9 feet of the East half (E Yz) of Lot 13, Section 20,
Township 46 South, Range 43 East according to the Plat thereof, on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4,
less the North 40 feet thereof for right of-way of SW loth Street and also less the West 10
feet thereof.
Together With
The East 188.74 feet of the North Quarter (N ~) of the East half (E Yi) of Lot 13, Section
20, Township 46 South Range 43 East, according to the Plat thereof on file in the Office of
the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page
4, less the North 40 feet thereof for right-of-way of Southwest 10th Street and also less the
East 33 feet thereof for right-of-way of South Swinton Avenue.
Together With
The West 194.74 feet of the East 487.74 feet of the North half (N Yi) of the Northeast
quarter (NE ~) of Lot 13, Section 20, Township 46 South, Range 43 East according to the
Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, in Plat Book 1 Page 4 less the North 120.9 feet thereof.
Together With
The South half (S Yi) of the North half (N Y2) of the East half of Lot 13, Section 20,
Township 46 South, Range 43 East according to the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4,
less the West 10 feet thereof and also less therefrom that portion conveyed to the City of
Delray Beach in Official Record Book 1659, Page 929 for right-of-way of South Swinton
Avenue.
Together With
The West 99 feet ofthe East 287.74 feet ofthe North quarter (N ~) of the East half(E Yi) of
Lot 13, Section 20, Township 46 South, Range 43 East, less the East 15 feet of the South 85
feet thereof, according to the Plat thereof on file in the Office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, in Plat Book 1 Page 4 and also less the North
40 feet thereofforright-of-wayofSW 10th Street.
Together With
The West 100 feet of the East 387.74 feet of the North 120.9 feet of the East half of Lot 13,
of the Subdivision of Section 20, Township 46 South, Range 43 East in Palm Beach County,
Florida, in Plat Book 1, Page 4, Public Records of Palm Beach County, Florida, less the
North 35 feet thereof.
2
ORD NO. 60-04
Together With
The West 100 feet of the East 487.74 feet of the North 120.9 feet of Lot 13, Section 20,
Township 46 South, Range 43 East according to the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4,
less the North 35 feet thereof for right-of-way SW 10th Street.
Together With
Lots 1 through 23, inclusive, Plat No 3, Southridge Subdivision of the City of Delray Beach,
Florida, as per Plat thereof on file in the Office of the Clerk of the Circuit Court in and for
Palm Beach County Florida, recorded in Plat Book 24, Page 24, as well as that parcel or
quantity of land abandoned by the City of Delray Beach, Florida, on March 7 1960, which
quantity of land comprises of the 50 foot right-of-way on SW loth Court, less that portion of
the subject property included in the widened right-of-way of South Swinton Avenue, as
described by deed recorded in Official Records Book 1659, Page 937, Public Records of
Palm Beach County, Florida.
Together With
The East 15 feet of the South 85 feet of the West 99 feet of the East 287.74 feet of the North
quarter (N Y-i) of the East half (E Y2) of Lot 13, Section 20, Township 46 South, Range 43
East, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court an
and for Palm Beach County, Florida, in Plat Book 3, Page 4.
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 confonn 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.
3
ORD NO. 60-04
Section 5. That this ordinance shall become effective immediately upon the effective date of
Ordinance 29-04, under which official land use designation of MD (Medium Density Residential 5-
12 du/ac) is affixed to the subject parcel hereinabove described.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of , 200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
4
ORD NO. 60-04
CITY COMMISSION DOCUMENTATION
;1
FROM:
DAVID T. HAR~CITYfl~..:
,r~
PAUL DORLlNG, DIRECTOR OF PL NING AND ZONING
ROBERT G. TEFFT, SENIOR PLAN ER~~.Þ/1~
MEETING OF OCTOBER 19, 2004
PRIVATELY SPONSORED REZONING FROM SINGLE-FAMILY RESIDENTIAL (R-1-A)
AND COMMUNITY FACILITIES (CF) TO MEDIUM DENSITY RESIDENTIAL (RM) FOR
THE PROPERTIES LOCATED AT THE SOUTHWEST CORNER OF SWINTON
AVENUE AND SW 10TH STREET.
TO:
THRU:
SUBJECT:
BACKGROUND
~
The subject properties total approximately 8.96 acres and include several platted and unplatted parcels
located at the southwest corner of Swinton Avenue and SW 10th Street. The properties are presently
zoned either R-1-A or CF with an underlying compatible FLUM designation of LD.
At its meeting of May 17, 2004, the Planning and Zoning Board held a public hearing in conjunction with
a related Future Land Use Map (FLUM) amendment from Low Density Residential (LD) to Medium
Density Residential (MD) and a rezoning request from R-1-A and CF to RM-10 for the subject property.
The Board voted 3-1 to recommend that the requests be denied based upon inconsistencies with Future
Land Use Element Objective A-1, Future Land Use Element Policies A-1.7 and C-1.7, and Housing
Element Policy A-12.3 of the Comprehensive Plan as well as not meeting the criteria set forth in Sections
2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
The City Commission, at its meeting of June 8, 2004, approved on first reading the aforementioned
FLUM amendment and rezoning. The approval was to facilitate transmittal of the amendment to the
Department of Community Affairs (DCA) with direction that the applicant address concerns related to the
density and affordable housing with staff before the amendment returned from the State. The applicant
has been working with staff to meet the requirements of the Southwest Area Neighborhood
Redevelopment Plan (provision of affordable housing) and has modified their rezoning application from
RM-10 to RM - a change in the proposed maximum allowable density from ten (10) dwelling units per
acre to twelve (12) dwelling units per acre. Accompanying the rezoning request was a commitment to
build at least 20% of the units as workforce housing units. The commitment, proposed by means of a
Restrictive Covenant Agreement, further entailed placing a ten (10) year restriction on the resale of
workforce housing units; and assessing a penalty of 50% on the profits made from an early sale.
The proposed rezoning was scheduled to be heard by the Planning and Zoning Board at its meeting of
September 27,2004; however the item was continued until the Board's meeting of October 18,2004, in
order to give the applicant additional time to address concerns with the Restrictive Covenant Agreement
associated with the rezoning. The City Attorney continues to have concerns with the Restrictive
Covenant Agreement and recommends that issues relating to workforce housing be adopted by
Ordinance rather than individual agreements. Given this concern it may be appropriate to continue this
request pending adoption of this "Workforce Housing Ordinance."
t
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board will consider this item at its meeting of October 18, 2004. The
recommendation of the Board will be presented to the City Commission at their meeting of October 19,
2004.
\&.A
City Commission Documentation
Meeting of October 19, 2004
Privately Sponsored Rezoning for The Cottages at Banyan Village
Page 2
ALTERNATIVE ACTIONS
A. Move a recommendation of denial to the City Commission for the privately sponsored request for a
rezoning from R-1-A and CF to RM for the subject property, by adopting the findings of fact and law
contained in the staff report, and finding that the request is inconsistent with the Comprehensive
Plan, specifically Future Land Use Element Objective A-1, Future Land Use Element Policy A-1.7
and C-1. 7, and Housing Element Policy A-12.3, and does not meet the criteria set forth in Sections
2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
B. Move a recommendation of approval to the City Commission for the privately sponsored request for a
rezoning from R-1-A and CF to RM 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(0) (5), 3.1.1 and 3.2.2 of the
Land Development Regulations.
C. Continue with direction.
I"
RECOMMENDED ACTION
Continue with direction.
Attachments: Planning and Zoning Board Staff Report of October 18, 2004, and Ordinance by Others
ORDINANCE NO. 60-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-l-A (SINGLE FAMILY RESIDENTIAL)
DISTRICT AND CF (COMMUNITY FACILITIES) DISTRICT TO RM
(MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING
A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER
OF SW 10TH STREET AND SOUTH SWINTON AVENUE, AS MORE
P ARTICULARL Y DESCRIBED HEREIN; AMENDING "ZONING
MAP OF DELRA Y BEACH, FLORIDA, JULY 2004"; 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, July 2004 as being zoned R-l-A (Single Family Residential) in part
and CF (Community Facilities) District in part; and
WHEREAS, at its meeting of October 18,2004, 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
.. to recommend. . ...... .. of the rezoning of the property hereinafter described, based upon a failure
to make 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 DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of De1ray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of RM (Medium Density Residential)
District for the following described property:
The West 175 feet of the North 120.9 feet of the East half (E ~) of Lot 13, Section 20,
Township 46 South, Range 43 East according to the Plat thereof, on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4,
less the North 40 feet thereof for right of-way of SW 10th Street and also less the West 10
feet thereof.
Together With
The East 188.74 feet of the North Quarter (N Y4) ofthe East half (E 12) of Lot 13, Section
20, Township 46 South Range 43 East, according to the Plat thereof on file in the Office of
the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page
4, less the North 40 feet thereof for right-of-way of Southwest 10th Street and also less the
East 33 feet thereof for right-of-way of South Swinton Avenue.
Together With
The West 194.74 feet of the East 487.74 feet of the North half (N Yl) of the Northeast
quarter (NE Y4) of Lot 13, Section 20, Township 46 South, Range 43 East according to the
Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, in Plat Book 1 Page 4 less the North 120.9 feet thereof.
Together With
The South half (S 12) of the North half (N Yl) of the East half of Lot 13, Section 20,
Township 46 South, Range 43 East according to the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4,
less the West 10 feet thereof and also less therefrom that portion conveyed to the City of
Delray Beach in Official Record Book 1659, Page 929 for right-of-way of South Swinton
Avenue.
Together With
The West 99 feet of the East 287.74 feet ofthe North quarter (N Y4) of the East half(E Y2) of
Lot 13, Section 20, Township 46 South, Range 43 East, less the East 15 feet of the South 85
feet thereof, according to the Plat thereof on file in the Office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, in Plat Book 1 Page 4 and also less the North
40 feet thereof for right-of-way of SW 10th Street.
Together With
The West 100 feet of the East 387.74 feet of the North 120.9 feet of the East half of Lot 13,
of the Subdivision of Section 20, Township 46 South, Range 43 East in Palm Beach County,
Florida, in Plat Book 1, Page 4, Public Records of Palm Beach County, Florida, less the
North 35 feet thereof.
2
ORD NO. 60-04
Together With
The West 100 feet of the East 487.74 feet of the North 120.9 feet of Lot 13, Section 20,
Township 46 South, Range 43 East according to the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4,
less the North 35 feet thereof for right-of-way SW loth Street.
Together With
Lots 1 through 23, inclusive, Plat No 3, Southridge Subdivision ofthe City of De1ray Beach,
Florida, as per Plat thereof on file in the Office of the Clerk of the Circuit Court in and for
Palm Beach County Florida, recorded in Plat Book 24, Page 24, as well as that parcel or
quantity of land abandoned by the City of Delray Beach, Florida, on March 7 1960, which
quantity ofland comprises of the 50 foot right-of-way on SW 10th Court, less that portion of
the subject property included in the widened right-of-way of South Swinton Avenue, as
described by deed recorded in Official Records Book 1659, Page 937, Public Records of
Palm Beach County, Florida.
Together With
The East 15 feet of the South 85 feet of the West 99 feet of the East 287.74 feet of the North
quarter (N 'i4) of the East half (E Yí) of Lot 13, Section 20, Township 46 South, Range 43
East, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court an
and for Palm Beach County, Florida, in Plat Book 3, Page 4.
Together With
The West 194.74 feet of the East 487.74 feet of the North one-half(N Y2) of the Northeast
quarter (NE 'i4) of Lot 13, Section 20, Township 46 South, Range 43 East, according to the
Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, in Plat Book 1, Page 4, less the North 120.9 feet thereof.
Together With
The North quarter (N 'i4) of the East half (E Yí) of Lot 13, Section 20, Township 46 South,
Range 43 East, according to the plat thereof on file in the Office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4, less the East 287.74
feet and less the North 120.9 feet thereof and also the West 10 feet thereof.
3
ORD NO. 60-04
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 confonn 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 the effective date of
Ordinance 29-04, under which official land use designation of MD (Medium Density Residential 5-
12 du/ac) is affixed to the subject parcel hereinabove described.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of , 200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
4
ORD NO. 60-04
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