Ord 42-98
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ORDINANCE NO. 42-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING TWO PARCELS OF
LAND, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM
RM-10 (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY
WITH A DENSITY SUFFIX OF 10 DWELLING UNITS PER
ACRE) TO PRD-S (PLANNED RESIDENTIAL DEVELOPMENT - 5
UNITS PER ACRE) , AND FROM PRD-S (PLANNED
RESIDENTIAL DEVELOPMENT - 5 UNITS PER ACRE) TO
RM-10 (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY
WITH A DENSITY SUFFIX OF 10 DWELLING UNITS PER
ACRE) , RESPECTIVELY, ASSOCIATED WITH THE CITATION
CLUB AND HAMMOCK RESERVE DEVELOPMENTS; SAID PARCELS
OF LAND BEING LOCATED ALONG ORCHARD LANE,
APPROXIMATELY 600 FEET EAST OF MILITARY TRAIL;
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
1994"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the properties hereinafter described are shown on
the Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned RM-10 (Multiple Family Residential -
Medium Density with a density suffix of 10 dwelling units per acre)
and PRD-S (Planned Residential Development - 5 units per acre) ,
respectively; and
WHEREAS, at its meeting of June 15, 1998, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
considered this item at a public hearing and voted unanimously to
recommend that the properties hereinafter described be rezoned, based
upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classifications.
NOW, THEREFORE, BE I T ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of PRD-S (Planned
Residential Development - 5 units/acre) for the following described
parcel of land:
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AREA A (Hammock Reserve)
A parcel of land lying within the Plat of Citation
Club as recorded in Plat Book 76, Pages 181 thru
187, Public Records of Palm Beach County, Florida,
and lying in Section 25, Township 46 South, Range
42 East, Palm Beach County, Florida, said parcel
being more particularly described as follows:
Beginning at the Southwest corner of the Southeast
Quarter (SE 1/4) of the Southwest Quarter (SW 1/4)
of the Northwest Quarter (NW 1/4) of said Section
25; also being a southwesterly corner of the Plat
of Citation Club as recorded in Plat Book 76, Pages
181-187, Public Records of Palm Beach County,
Florida; thence North 01 degrees 23'47" West, along
the West line of the Southeast Quarter (SE 1/4) of
the Southwest Quarter (SW 1/4) of the Northwest
Quarter (NW 1/4) of said Section 25, also being a
boundary line of said plat of Citation Club, a
distance of 184.88 feet; thence South 38 degrees
31'21" East, a distance of 63.95 feet to the point
of curvature of a curve concave to the Northeast;
thence Southeasterly along the arc of said curve
having a central angle of 28 degrees 14'29" and a
radius of 440.53 feet, a distance of 217.14 feet to
a point on the south line of said Citation Club;
thence South 88 degrees 47'15" West, along said
South line a distance of 206.23 feet to the Point
of Beginning afore described. Containing 0.36
acre, more or less.
Section 2 . That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of RM-10 (Multiple Family
Residential - Medium Density with a density suffix of 10 dwelling
units per acre) for the following described parcel of land:
AREA B (Citation Club)
A parcel of land lying within the Northwest Quarter
(NW 1/4) of Section 25, Township 46 South, Range 42
East, Palm Beach County, Florida, said parcel being
more particularly described as follows:
- 2 - Ord. No. 42-98
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Commencing at the Southwest corner of the Southeast
Quarter (SE 1/4) of the Southwest Quarter (SW 1/4)
of the Northwest Quarter (NW 1/4) of said Section
25, also being a Southwesterly corner of the Plat
of Citation Club as recorded in Plat Book 76, Pages
181-187, Public Records of Palm Beach County,
Florida; thence North 01 degrees 23'47" West, along
the West line of the Southeast Quarter (SE 1/4) of
the Southwest Quarter (SW 1/4) of the Northwest
Quarter (NW 1/4) of said Section 25, also being a
boundary line of said Plat of Citation Club, a
distance of 184.88 feet to the Point of Beginning
of the parcel to be herein described; thence
continue North 01 degrees 23 '47" West, a distance
of 151.48 feet; thence South 88 degrees 46'29"
West, along a boundary line of said Plat of
Citation Club, a distance of 223.04 feet; thence
South 38 degrees 31'21" East, a distance of 78.62
feet; thence North 88 degrees 46'29" East, a
distance of 108.11 feet; thence South 38 degrees
31'21" East, a distance of 111.81 feet to the Point
of Beginning afore described. Containing 0.36
acre, more or less.
Section 3. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Sections 1 and 2 hereof.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section S. 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 6. That this ordinance shall become effective
immediately upon the effective date of Ordinance No. 24 - 98 which
adopts Comprehensive Plan Amendment 98-1, under which official land
use designations of LD (Low Density Residential 0-5 du/acre) for Area
A and TRN (Transitional) for Area B are affixed.
- 3 - Ord. No. 42-98
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PASSED AND ADOPTED in regular session on second and final
reading on this the 20th day of October , 1998.
ATTEST: ¡l;A~
()iÚ.rTr1 'IìJ1...t ,j¿l ~r.n Jlo;iç
City C erk
First Reading October 6, 1998
Second Reading October 20, 1998
- 4 - Ord. No. 42-98
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~
SUBJECT: AGENDA ITEM /0 £- - REGULAR MEETING OF OCTOBER 20 , 1998
ORDINANCE NO. 42-98 (CORRECTIVE REZONINGS FOR PROPERTIES
IN THE CITATION CLUB AND HAMMOCK RESERVE)
DATE: OCTOBER 13, 1998
This is second reading and a quasi-judicial public hearing for
Ordinance No. 42-98 which rezones two parcels of land totaling
0.72 acres, associated with the Citation Club and Hammock Reserve
developments. This is a corrective action to rezone the Hammock
Reserve parcel from RM-10 (Medium Density Residential - 10 units
per acre) to PRD-S (Planned Residential Development - 5 units per
acre) , and to rezone the Citation Club parcel from PRD-S to RM-I0.
The rezonings are being processed in conjunction with the
associated Future Land Use Map amendments contained in
Comprehensive Plan Amendment 98-1. The corrective amendments and
rezonings are a result of the final alignment of a private road
( Orchard Lane) which connects Military Trail with Linton
Boulevard, The alignment of the road split the corners of each
development leaving triangular parcels on both sides of the road
which were owned by opposite developments,
The Planning and Zoning Board considered both the FLUM amendment
and rezoning requests at a public hearing on June 15, 1998. There
was no public testimony and the Board voted unanimously to
recommend approval of the Future Land Use Map amendments and the
rezonings based upon positive findings with Future Land Use
Element Policy A-l,7 of the Comprehensive Plan (FLUM Amendment
Findings) , and Sections 3.1.1, 3.3.2 ( Standards for Rezoning
Actions) , and 2. 4 . 5 (D) (5) of the Land Development Regulations, and
the policies of the Comprehensive Plan.
At first reading on October 6, 1998, the City Commission passed
the ordinance by unanimous vote. The FLUM amendments are a part
of Ordinance No. 24-98 adopting Comprehensive Plan Amendment 98-1
considered earlier on the agenda.
Recommend approval of Ordinance No, 42-98 on second and final
reading, based upon the findings and recommendation by the
Planning and Zoning Board.
ref:agmemo16 p~ 5-'0
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TO: DAVID T. HARDEN, CITY MANAGER
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THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNING AN 1~
FROM: JEFFREY A. COSTELLO, PRINCIPAL PLANNE
SUBJECT: MEETING OF OCTOBER 6, 1998
REZONINGS FOR A PORTION OF CITATION CLUB AND HAMMOCK RESERVE
PROPERTIES, LOCATED ALONG ORCHARD LANE, APPROXIMA TEL Y 600 FEET EAST
OF MILITARY TRAIL.
The action requested of the City Commission is that of approval of corrective rezonings for 2 parcels of land
totaling 0.72 acres, associated with the Citation Club and Hammock Reserve developments. The request
involves a rezoning of the Hammock Reserve parcel from RM-10 (Medium Density Residential-10 du/ac) to
PRD-5 (Planned Residential Development-5 du/ac), and a rezoning of the Citation Club parcel from PRD-5
to RM-10.
The rezonings are being processed in conjunction with associated Future Land Use Map amendments
involving two parcels of land each containing 0.36 acres which are located within approved developments
known as Citation Club and Hammock Reserve. The corrective amendments and rezonings are a result of
the final alignment of a private road (Orchard Lane) which connects Military Trail with Linton Boulevard. The
alignment of the road split the corners of each development leaving triangular parcels on both sides of the
road which were owned by opposite developments. At its meeting of July 7, 1998, the City Commission
approved transmittal to the Florida Department of Community Affairs (DCA) in conjunction with
Comprehensive Plan Amendment 98-1, the corrective FLUM amendments. There were no comments made
by DCA with regard to the associated FLUM amendment, and it is scheduled for second reading at the
October 20th City Commission meeting. Additional background and an analysis of the request are found in
the attached Planning and Zoning Board Staff Report.
At its meeting of June 15, 1998, the Planning and Zoning Board held a public hearing in conjunction with
review of FLUM amendment and rezoning requests. There was no public testimony regarding the requests.
After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend approval of
the Future Land Use Map amendments from TRN to LD and LD to TRN, and the rezonings from RM-10 to
PRD-5 and PRD-5 to RM-10 based upon positive findings with Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), and Sections 3.1.1, 3.3.2 (Standards for Rezoning
Actions), and 2.4.5(D)(5) of the Land Development Regulations, and the policies of the Comprehensive
Plan.
By motion, approve on first reading the ordinance for rezonings from RM-10 to PRD-5 and PRD-5 to RM-10,
based upon the findings and recommendation by the Planning and Zoning Board.
Attachments: P & Z Staff Report and Documentation of June 15, 1998 & Ordinance by Others /~.D·
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---ST AFF REPORT ---
MEETING DATE: June 15, 1998
AGENDA ITEMS: IV.A.2, & IV.A.2,a
Future Land Use Map Amendments from TRN (Transitional) to LD (Low Density
Residential, 0-5 units/acre), and LD to TRN, and Associated Rezonings from RM-10
(Medium Density Residential - 10 units per acre) to PRD-5 (Planned Residential
Development - 5 units per acre), Related to the Alignment of Orchard Lane within the
Citation Club & Hammock Reserve Developments, Located on the East Side of Military
Trail, South of Linton Boulevard,
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GENERAL DATA: SOU'ï?-. =OUNT'"
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Owner.. ......,....,............,..."....,......... Beztek and DiVosta WA~ -AlA;;,
ApplicantlApplicanL..,......,.....,......, City of Delray Beach, I
David Harden, City Manager
Location......,......,...,......,..,.,....,.,...... The subject parcels are located
along Orchard Lane, approximately I
600 feet east of Military Trail.
Property Size.......,....,.......,....."......, 0,72 Acres (two 0,36 acre parcels)
F.L.U.M. Designations,...........,........ TRN (Transitional) & LD (Low
Density 0-5 units/acre)
Proposed F.L.U,M. Designation...... LD & TRN
Current Zoning................,........,....... RM-10 (Medium Density
Residential- 10 units/acre) & PRD-5
(Planned Residential Deveiopment -
5 units/acre)
Proposed Zoning..,..........",...,.,.,..... PRD-5 & RM-10
Adjacent Zoning..,..,....,......,.,.North: RM-10
East: RM-10
South: PRD-5 : I
Cl"ir"~" L,AJrrf::
West: PRD-5 i ! !
Existing Land Use...........,.,.....,....." Road right-of-way for Orchard Lane , ;
and Open Space A IRE
Proposed Land Use......,.,.........,..,.., Corrective Future Land Use Map
Amendments and Rezonings related DEL -
to the ali;mment of Orchard Lane, f:..\':.
Sewer Service......,.,......",..,............ n/a,
Water Service...................,.,..,..,...... n/a, /
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The action before the Board is making a recommendation to the City
Commission on corrective Future Land Use Map amendments and
rezonings on 2 parcels of land totaling 0.72 acres, associated with the
Citation Club and Hammock Reserve developments. The request
involves a FLUM amendment for the Hammock Reserve parcel from TRN
(Transitional) to LD (Low Density Residential) and rezoning from RM-10
(Medium Density Residential - 10 du/ac) to PRD-5 (Planned Residential
Development - 5 du/ac). The FLUM amendment for the Citation Club
parcel is from LD to TRN, and the associated rezoning is from PRD-5 to
RM-1 O.
The subject parcels are located along Orchard Lane, approximately 600
feet east of Military Trail.
Pursuant to LOR Section 2.2.2(E), the Local Planning Agency (Planning
and Zoning Board) shall review and make a recommendation to the City
Commission with respect to all amendments to the City's Future Land Use
Map.
I:::::::::;:::,:,::::::::::::::::::::::::::::::::::::::::':::::::::::::::::,:::,:;:::::::::::1:::::::1:::::::::::::::::1:::::1:1:::::::::::::1:::::::::::::::::::::::::::::::::::::::::I:::I:::;::::I:::\1::::8:::I::::g:::8::::Q::::::¡:::;::;;:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::,::::::::::::::::::::::::::::::::,:::::::':::::::::::::::::::::::::::::::::::::1
The Future Land Use Map amendments and rezonings involve two parcels of land each
containing 0.36 acres which are located within approved developments known as
Citation Club (zoned RM-10 with an underlying FLUM designation of TransitionalJ and
Hammock Reserve (zoned PRD-5 with an underlying FLUM designation of Low Density
Residential) . The corrective amendments and rezonings are a result of the final
alignment of a private road (Orchard Lane) which connects Military Trail with Linton
Boulevard. The alignment of the road split the corners of each development leaving
triangular parcels on both sides of the road which were owned by opposite
developments. When Hammock Reserve platted their property it was identified that the
developers had land swapped the parcels.
The 0.36 acre portion associated with the Citation Club is incorporated into an open
space area, and the 0.36 acre portion associated with Hammock Reserve is a portion of
the main roadway (Orchard Lane),
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This Future Land Use Map Amendment is being processed pursuant to the twice a year
statutory limits for consideration of plan amendments (F .S. 163.3187).
I
P & Z Board Staff Report
Citation Club and Hammock Reserve - FLUM Amendments and Rezonings
Page 2
Land Use Analysis:
Pursuant to Land Development Regulation Section 3.1.1 (A) (Future Land Use
Map), all land uses and resulting structures must be allowed in the zoning district
within which the land is situated and, said zoning must be consistent with the
land use designation as shown on the Future Land Use Map.
In conjunction with the Future Land Use Map amendments, rezonings to PRD-5 and
RM-10 are being sought. The FLUM amendments and rezonings are being processed
concurrently to eliminate existing inconsistencies between the FLUM and zoning
designations as they relate to their respective developments (Citation Club and
Hammock Reserve). The areas which are being changed contain open space and a
roadway. These land areas are part of larger developments in which the land uses and
resulting structures are consistent with the proposed FLUM and zoning designations,
REQUIRED FINDINGS:
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
must be based upon the following findings:
D 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, or similar circumstances. The need
........ must be supported by data and analysis. This policy shall not apply to
requests for the FLUM designations of Conservation or Recreation and Open
Space.
The current FLUM and zoning designations of the respective properties are currently
inconsistent with the intensity of use of the overall developments. This is a corrective
amendment which applies Future Land Use Map designations which will reflect the
current use and intensity of the properties,
D Consistency -- The requested designation is consistent with the goals,
objectives, and policies of the most recently adopted Comprehensive Plan.
The proposal is consistent with the goals, objectives and policies of the City's
Comprehensive Plan as it applies Future Land Use Map designations which reflect
the current intensity of use.
D Concurrency -- Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
The subject properties are portions of developed projects. The parcels have been
swapped by the two developments. The two projects are currently developed at
their highest intensity, based upon their existing zoning designations. Citation Club
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P & Z Board Staff Report
Citation Club and Hammock Reserve - FLUM Amendments and Rezonings
Page 3
is zoned RM-10 and contains an apartment complex with a density of 10 units per
acre, and the portion of the Hammock Reserve under consideration is zoned PRD-5
and is developed at 5 units per acre. At the time of Annexation of both properties,
positive findings were made with respect to Concurrency. The proposal replaces
one land use designation with the other and visa-versa. Thus, positive findings can
be made with respect to concurrency.
o Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
The proposed FLUM and zoning designations will be consistent and compatible with
their respective developments, Required findings of Compatibility were made with
each development approval and no intensification of the development is proposed.
o Compliance -- Development under the requested designation will comply with
the provisions and requirement of the land Development Regulations.
The existing developments comply with the provisions and requirements of the Land
Development Regulations, No intensification of the development is proposed.
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REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, the staff report, or minutes. Findings shall be made by the body
which has the authority to approve or deny the development application. These
findings relate to the Future land Use Map, Concurrency, Comprehensive Plan
Consistency and Compliance with the land Development Regulations.
Future land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the Future Land Use Map Analysis section of this report,
Compliance with respect to Compliance with the land Development Regulations
(Standards for Rezoning Actions, Rezoning Findings) are discussed below.
CONSISTENCY: Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of overall
consistency.
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P & Z Board Staff Report
Citation Club and Hammock Reserve - FLUM Amendments and Rezonings
Page 4
Comprehensive Plan Policies:
Consistency with the Comprehensive Plan was previously discussed under the Future
Land Use Map Amendment Analysis section of this report,
Section 3.3.2 (Standards for Rezoning Actions): Standards A, Band C are not
applicable with respect to this rezoning request, as the rezonings are corrective
in nature. The applicable performance standard of Section 3.3.2 is as follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new use.
The requests for rezoning and their associated FLUM amendments will eliminate
existing incompatibilities. These changes will result in FLUM and zoning
designations of these two 0.36 acre parcels which reflect their existing use and
intensity,
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the
City Commission must make a finding that the rezoning fulfills one of the reasons
for which the rezoning change is being sought. These reasons include the
following:
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a. That the zoning had previously been changed, or was originally
established, in error;
b. That there has been a change in circumstances which make the current
zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the
Future land Use Map and that it is more appropriate for the property based
upon circumstances particular t9 the site and/or neighborhood.
The proposed zoning designations are more appropriate based upon the current
development pattern which resulted from the alignment of Orchard Lane. The changes
are corrective in nature and will apply zoning designations consistent with the balance
of their respective developments.
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The subject property is not within a geographical area requiring review by the
Community Redevelopment Agency, Downtown Development Authority or the Historic
Preservation Board,
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P & Z Board Staff Report
Citation Club and Hammock Reserve - FLUM Amendments and Rezonings
Page 5
Courtesy Notices:
Courtesy notices have been provided to the following civic and homeowners
associations:
o Citation Club o Hammock Reserve
o Bel-Aire o Progressive Residents of Delray (PROD)
o Del-Aire Country Club o Shadywoods
o Foxe Chase
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. A letter of objection has been received from Del-Aire Country Club
(copy attached), Additional letters of objection and support, if any, will be presented at
the Planning and Zoning Board meeting.
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The existing Transitional and Low Density Residential F utu re Land Use Map
designations as well as the RM-10 and PRD-5 zoning designations are inconsistent
with the respective developments. The changes will result in FLUM and zoning
designations which correspond with the balance of their respective developments, thus
eliminating the current discrepancies. Positive findings can be made with respect to
Future Land Use Element Policy A-1.7 of the Comprehensive Plan, and Sections ~,1.1,
3.3.2 (Standards for Rezoning Actions), and 2.4.5(0)(5) of the Land Development
Regulations, and the policies of the Comprehensive Plan,
I:,:'::::'::::::::::'::,::::::'::::::::::::::::::'::::::::I::::::::,::::::::::::::::::::::::,'::::::::':::::::::::::::::::::::::,::::::::::i::::µ:::m:::g::::i:::1:::I:::m'::~:::Î1:::I:::':::::Î:::Î::m:::I:::I::::I"::1::::::::::::::::':':::::::::::::::::::::::::::::'::::::::::::::::::::::::::::::::::::'::::::::"::::::::::::::::::::::::::::::':::::::,::1
A. Continue with direction.
B. Recommend to the City Commission approval of the Future Land Use Map
amendments from TRN to LD and LD to TRN, and the rezonings from RM-10 to
PRD-5 and PRD-5 to RM-10 based upon positive findings with Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
and Sections 3,1.1, 3.3.2 (Standards for Rezoning Actions), and 2.4.5(0)(5) of
the Land Development Regulations, and the policies of the Comprehensive Plan,
C. Recommend to the City Commission denial of the Future Land Use Map
amendments from TRN to LD and LD to TRN, and the rezonings from RM-10 to
PRD-5 and PRD-5 to RM-10 based upon a failure to make positive findings with
Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings), and Section 2.4.5(0)(5) of the Land Development
Regulations, that the FLUM amendments and rezonings fail to fulfill one of the
basis for which a FLUM amendment or rezoning should be granted.
.
P & Z Board Staff Report
Citation Club and Hammock Reserve - FLUM Amendments and Rezonings
Page 6
1.:::::···:::$T~EE.:.R.gq:p.MM'eN.,D~:JtJºNil
Recommend to the City Commission approval of the Future Land Use Map
amendments from TRN to LD and LD to TRN, and the rezonings from RM-10 to PRD-5
and PRD-5 to RM-10 based upon positive findings with Future Land Use Element
Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), and Sections
3,1.1, 3,3.2 (Standards for Rezoning Actions), and 2.4.5(D)(5) of the Land Development
Regulations, and the policies of the Comprehensive Plan,
Attachments:
o Letter of objection from Del-Aire Country Club
o Future Land Use Map
o Zoning Map
......'
.
V
June 9. 1998
:l\1r. Paul Dorling
Acting Director of Planning
Planning and Zoning Department
City of Delray Beach,
100 Northwest First A venue
Delray Beach, FL 33444
RE: Proposed Future Land Use Map
Amendment and Re-Zoning File #98-154
Dear Mr. Dorling:
Thank you for sending your June 4, 1998 letter with reference to the above captioned. It
appears that the area A, the Hammock Reserve, change will only be a benefit to the City.
As for the proposed increase in density for area B, the Citation Club, such a change will
certainly not be of any benefit to the City. Therefore, we request that the area B proposal bê
rejected.
Sincerely,
-:JJ '2
. ~/d"'::"', .
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Daniel Ca)~e, President
Property O\\'I1ers· Association
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N CITATION CLUB & HAtv1MOCK RESERVE
- PROPOSED FUTURE LA-NO USE tviAP AMENDMENTS
- -
CITY Of' O£LR"Y S;:ACH, f'L
PLANNING 4: ZONING O£PARiM£NT <6> FROIli.: TRN TO: lD ® FROIli.: LD TO: TRN
-- OIGITAL BAS£ MAP SrsT£M -- MAP REF: LM2~9
C{!¡: /lj¿~
- em OF IIIUIIT -. FUIIIIM
IIOTICI OF MUC IIUIIIIG
, .1\ PUBlIC HEARING will be held an 1I1e
foHowing ~ onIlnances on
~~~: (Of It :: ~.:.. ~ '
::::..~.:::-~,:¡.~,,:: j
i1Iers at 21ty HIlI, 100 N.w. Ist_ue, , 'ORDINNa NO, 45-i8
= _, Florida, at _ time ;.I\N ORDINANCE OF 'THE CITY COM·
..... CommIssion... consider \I1eir
.-Ioption, The ptO IOS8d onIinances í=~~Fl~~ ~~,gN~
_ be Inspectod It 1I1e 0Ifíœ of 1I1e
CIty CIer1< It CIty Hall, 100 NW, 1st 9, "GENERAL REGULATIONS", CHAP.
Avenue, Oelray Beach, Aorida, "lER 102, "STREETS ANO SlOE·
-. 1he hours of 8:00 I,m, and WAIJ<S", BY AMENOING SUBHEAD.
5:00 p,m" Monday lIVough Friday, '/NG "MOVEABlE FIXTURES WITHIN
a:ept holidays, All inIol1lSl8d parties ''THE RIGHT-oF'WAY', OF THE CODE
.. _to _ and be heard with ,Of ORDINANCES OF 'THE CITY OF
.....,. to 1I1e IfO JœId onIinances, 'DELAAY BEACH, BY AMENDING SEC.
'TION 102,40, "PURPOSE AND
1IIIIIIIWIΠ110, .., -SCOPE", TO INCLUDE MODULAR
'NEWSRACKS; BY AMENDING SEC.
M 0RDtNANCE OF 1ME CITY COM· TION 102,41, "DEFINITIONS", TO
MISSION OF 'THE CITY OF OElRAY .oClARlFY THE DEFINITIONS OF
BEACH, FlORIDA, REZONING ANO , 'NEWSRACKs AND MODUlAR NEWS.
PLACING LAllI PRESENTlY ZOhÐ) r RACKS; BY AMENDING SECTION =
11·1-.\ (SINGlE FAMILY RESIDEJf. '102,42, "ŒRTIFICATE OF COMPLI.
~OISTRICT IN 'THE ~ '-MCE REQUIRED", TO ClARIfY THAT =
~ D1S11I1CT; SAID BEING ·MODUlAR NEWSRACKS ARE ~
THE ST <10 ÆET OF 'THE EAST 120 >1NClUDED; BY AMENDING SECTION DO
ÆET OF LOT 6, PLAT OF LAMBERT i'~43MA"f~::: .=:
TRAILER COURT, LOCATED AT 311 JO
SOUTHEAST IIDi ROAD, Þ$, MORE , LATlON', TO PROVIDE FOR A RfT~ DO
PARTICULARLY DESCRIBED HEREIN; I TUNG OF 1ME SECTION, AND CLARk f!""
AMENDING "ZONING MAP Of DEL· ¡ FYING THAT 'THE CITY MAY ACT Þ$, A =
·RAY BEACH, FlORIDA, 1994"; PRO- I"""''''"''''''''''''''''''''
VlDING A GENERAL REPEALER NEWSRACKS, PROVIDING THAT =
,CLAUSE, A SAVING a..AUSE,AND AN RENT AND MAINTENANΠCOSTS :2
fFÆCTlVE DATE. ABOVE ACTUAL COSTS ARE PROHIB-
ITED, PROVIDING FOR REGULA. ~
J ORDINANCE NO, 4HIII TlONS FOR THE f'LACEMEHT ~
APPEARANCE, AND MAINTENANCE
./IN ORDINANCE OF 'THE CITY COM- Of MODUlAR JlEWSRACKS; BY !
MISSION Of 'THE CITY OF DElRAY · AMENDING SECTION 102,44, "PRO- ¡ .
lEACH, FlOIII~ RE2DNlNG CEli- e HI8ITED LOCATIONS", TO f'IIOIIIDE ~
TAlN PAACELS LAND, Þ$, MORE RIll CONCRETE PADS FOR MOD\ . 1
PARTICULARLY DESCRIBED HEREIN, LAR NEWSRACKS ON PUBLIC I -
FROM RL (MULTIPLE FAMILY RESI· RIGtfTS.(JF.WAY AND CITY PROPER. =-
DENTIAL . LOW DENSmr TO R·loM lY ANO PROVIDING FOR RElETTER. =
~NGLE FAMILY RESIDE ~IS' ING; BY AMENDING SECTION 102,45, i ':t-
ICT, FROM AM (MULTIPLE ILY "INSURANCE AND INDEMNIFICA. :
RESIDENTIAl. . MEDIUM DENSITY) TION", TO INClUDE REQUIREMENTS =
TO R+A~INGLE FAMILY RESIDE - FOR MODULAR NEWSRACKS; BY I
TIAL) 0 ICT, AND FROM RL AMENDING SECTION 102,46, 'ABAN. ~
=TIPLE FAMILY RESIDENTIAL . DONMENT", TO INClUDE A STAN- f!""
DENSITY) TO R·I.1\ ~NGLE DARD FOR ABANDONMENT OF MOD. I =
FAMILY RESIDENTIA}l DISTR : ALL . UI.AR NEWSRACKS, AND SHORTEN.
Þ$, REQUIRED TO I PLEMENT THE ING 'THE TIME FOR A DETERMINA. r:1
SEACRESTIDEL IDA PARK NEIGH- TION OF ABANDONMENT; BY ~
BORHOOD PLAN PURSUANT TO THE ,AMENDING SECTION 102,47, , ..,
GOALS, OBJECTIVES AND POlICIES "ENFORCEMENT", TO INClUDE MOD- ~
OF THE COMPREHENSIVE PLAN; UlAR NEWSRAcKS; BY AMENDING
SAID LAND BEING GENERALLY SECTION 10248, "APPEALS", TO .
LOCATED BETWEEN SEACREST CLARIFY THE APPEAL PROCESS -
BOULEVARD AND DIXIE HIGHWAY PROVIDING FOR AN IMMEDIATE
AND BETWEEN GEORGE BUSH ,APPEAL TO CIRCUIT COURT IN ~
BOULEVARD AND ATLANTIC HIGH CASES Of ABANDONMENT OF ~
SCHOOl; AMENDING "ZONING MAP : HEWSRACKS AND MODUlAR NEWS· =
OF DfLRAY BEACH, FlORIDA, 1994"; , RACKS, PROVIDING EXCEPTIONS TO
PROVIDING A GENERAL REPEALER II STAY OF THE REMOVAL OF MOOU'
Q.AUSE, A SAVING ClAUSE. ANO AN ,J LAR NEWSRACKs AND NEWSRACKs -..
EI'ÆCTI\IE D.fJE. , ' IN CERTAIN INSTANCES AND WHERE
I ABANDONMENT ADVERSELY n
OROINANCE NO, 42. ' AFFECTS DISTRIBl1T1ON, PROVIDING
FOR REIMBURSEMENT OF STORAGE
AN ORDINANCE OF 'THE CITY COM· COSTS IF APPEUANT PREVAILS ON
MISSION OF 'THE CITY OF DELRAY APPEAL. PROVIDING A GENERAL
BEACH, FlORIDA, REZONING TWO REPEALER ClAUSE, A SAVING
PARCELS OF LAND, Þ$, MORE PAR· ClAUSE. AND AN EFfECTIVE DATE.
TICUlARLY DESCRIBED +lEREIN,
FROM RM-10 (MULTIPLE FAMILY PIeIIe be 8IMted IIaf . I person
RESIDENTIAl..· MEDIUM DENSITY dICtIos 10 == decisiori mode
WITH A DENSllY SUffiX OF 10 ; by" CIty WIll #8lPlCl1O
:ÐWEWNGlINnsÆIIAC~ =. - 0IIIIIiØnd ... .....,
PRD-5 ~D RESIDE penon ... IIIId 10.... till! I
DEVELD NT . 5 UNns PER ACRE) 'WtbatIm I1ICOIII includes 1I1e-..ony
TO AM·10 =PLE flWlLY RESI- n MIenct upon ""*".. 8 lpa8l1a
'ŒNTIAI.. DENSITY WITM A III ....., 'lilt CIty dOII':=
,DENSITY SUFfIX ( f 10 OWEIJJNG == MIl -.r. 10
'UNITS PER ACAE), IlESPECTIIIELY, :s. 05,
Þ$,SOCIATED WITH 'THE CITATION ! t ,"CITY OF DElAAY IIEACtI
CLUB AND HAMMOCK RESERVE
DEVELOPMENTS; SAID PARCELS OF ~':"£:"~~I
;tMD BEING LOCATED ALONG
,ORCHARD LANE. APP!IDXIMATELY
'BOO ÆET EAST OF MILm\RY TRAIL;
. AMENDING "ZONING MAP OF DEL"
RAY BEACH, FlORIDA, 1994"; PRO- I "...., .:"_
,- . -- --
IQAUSE, A SAVING a.AUSE.1IIÐ M
. ,. ,,,,,,!,,,
~om._......~.~~._ - .':.:
¡ ~,::-GIDINANŒ 11),...... . _ .
'MÓRDINANCE ( f'THE CITY COM·
, -1ŒSION OF 'THE cnv OF DELRAY
BEACH, FlORIDA, AMENDING
APPENDIX "~NmONS) OF THE
LAND IIEVEL NT REGULATIONS
OF 'THE CITY OF DELRAY BEACH, BY
,~~~:;
_ PROVIDING A GENERAL REFfALER
Ct.AIISf, A SAVING ClAUSE, AND AN
EFfECTIVE DATE
LEGAL VERIFICATION FORM
FILE#: 98-154
PROJECT NAME: HAMMOCK RESERVE/CITATION CLUB
LEGAL DESCRIPTION:
AREA A (Hammock Reserve):
A parcel of land lying within the Plat of Citation Club as recorded in Plat
Book 76, Pages 181 thru 187, Public Records of Palm Beach County,
Florida, and lying in Section 25, Township 46 South, Range 42 East, Palm
Beach County, Florida, said parcel being more particularly described as
follows:
Beginning at the Southwest corner of the Southeast quarter of the
Southwest quarter of the Northwest quarter of said Section 25; also being
a southwesterly corner of the Plat of Citation Club as recorded in Plat
Book 76, Pages 181- 187, Public Records of Palm Beach County, Florida;
thence North 01 ° 23' 47" West, along the West line of the Southeast
quarter of the Southwest quarter of the Northwest quarter of said Section
25, also being a boundary line of said plat of Citation Club, a distance of
184.88 feet; thence South 38° 31' 21" East, a distance of 63.95 feet to the
point of curvature of a curve concave to the Northeast; thence
Southeasterly along the arc of said curve having a central angle of 28° 14'
29" and a radius of 440.53 feet, a distance of 217.14 feet to a point on the
south line of said Citation Club; thence South 88° 47' 15" West, along
said South line a distance of 206.23 feet to the point of beginning afore
described.
AREA B (Citation Club):
A parcel of land lying within the Northwest quarter of Section 25, Township
46 South, Range 42 East, Palm Beach County, Florida, said parcel being
more particularly described as follows:
Commencing at the Southwest corner of the Southeast quarter of the
Southwest quarter of the Northwest quarter of said Section 25, also being
a Southwesterly corner of the plat of Citation Club as recorded in Plat
Book 76 Pages 181-187 Public Records of Palm Beach County, Florida;
thence North 01° 23' 47" West, along the West line of the Southeast
Quarter of the Southwest quarter of the Northwest quarter of said Section
25, also being a boundary line of said Plat of Citation Club, a distance of
.
·
-
184.88 feet to the point of beginning of the parcel to be herein described;
thence continue North 01 ° 23' 47" West, a distance 151.48 feet; thence
South 88° 46' 29" West, along a boundary line of said Plat of Citation
Club, a distance of 223.04 feet; thence South 38° 31' 21" East, a distance
of 78.62 feet; thence North 88° 46' 29" East, a distance of 108.11 feet;
thence South 38° 31' 21" East" a distance of 111,81 feet to the Point of
Beginning afore described.
SOURCE of Legal Description: Survey (copy attached)
VERIFIED BY~DATE: ~~1 ø
VERIFICATION REQUEST NEE E BY: SEPTEMBER 30,1998
LEGAL DESCRIPTION IN ORDINANCE (NO ) VERIFIED PRIOR TO SECOND
READING:
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY:
LEGCIT