Ord 13-05
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ORDINANCE NO.13-05
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, CHANGING THE
FUTURE LAND USE MAP DESIGNATION IN THE
COMPREHENSIVE PLAN FROM CF (COMMUNI1Y
FACILITIES) IN PART AND ill (LOW DENSI1Y
RESIDENTIAL 0-5 DUlAC) IN PART TO LD (LOW
DENSI1Y RESIDENTIAL 0-5 DUlAC), AND REZONING
AND PLACING LAND PRESENTLY ZONED CF
(COMMUNI1Y FACILITIES) DISTRICT TO R-1-AA
(SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND
BEING A PARCEL OF LAND LOCATED ON THE WEST
SIDE OF SE 71H AVENUE, APPROXIMATELY 145 FEET
SOUTH OF SE 2ND STREET, AS MORE PARTICULARLY
DESCRIBED HEREIN; ELECTING TO PROCEED UNDER
THE SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS;
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 designated on the Future Land Use Map
(pLUM) in the Comprehensive Plan for the City of Delray Beach, Florida, as CF (Community
Facilities) in part and LD (Low Density Residential 0-5 du/ac) in part; and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated July 2004, as being zoned CF (Community Facilities); and
WHEREAS, at its meeting of March 21, 2005, the Planning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0
to recommend approval of the small scale FLUM and that the property hereinafter described be
rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan be
amended to reflect the revised land use designation of LD (Low Density Residential 0-5dul ac); and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, dated July 2004, be amended to reflect the revised zoning classification of R-1-AA (Single
Family Residential); and
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WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the legal description of the subject property is as follows:
The North 10 ft of Lot 18 (less the East 20 ft for S.E. 7th Avenue Right-of-way)
and Lots 19 thru 21 (less the East 20 ft for S.E. 7th Avenue Right-of-way), Gracey-
Byrd Subdivision of Block 119, City of Delray, as recorded in Plat Book 10, Page 52
of the Public Records of Palm Beach County, Florida.
Section 3. That the Future Land Use Map designation for the subject property in the
Comprehensive Plan is hereby changed from CF (Community Facilities) in part and ill (Low
Density Residential 0-5 du/ ac) in part, to ill (Low Density Residential 0-5 du/ ac).
Section 4. That the Zoning District Map of the City of Delray Beach, Florida, dated July
2004, is hereby changed from CF (Community Facilities) District toR-1-AA (Single Family
Residential) District.
Section 5. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 6. 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, dated July 2004
to conform with the provisions of Section 4 hereof.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
2
ORD NO. 13-05
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Section 8. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 9. That this ordinance shall become effective thirty-one (31) days after adoption,
unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the
effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview
Drive, Tallahassee, Florida 32399-2100.
~ P ASSED~DOPTED in reguJar sessioo on second and final reading on this the
day of . 2005.
ATTEST
~L~~~'~~'~
City Clerk
First Reading A..\~ \ \)5
Second Reading Ä \~\ f::b
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3
ORD NO. 13-05
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MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CIlY MANAGER ~
AGENDA ITEM # \ Q 'G - REGULAR MEETING OF APRIL 19.2005
ORDINANCE NO. 13-05 (CITY INITIATED CORRECTIVE FUTURE
LAND USE MAP AMENDMENT AND REZONING)
APRIL 15, 2005
TO:
SUBJECT:
DATE:
This Ordinance is before Commission for second reading and public hearing for a City initiated
corrective Future Land Use Map Amendment (pLUM) from CF (Community Facilities) and LD
(Low Density Residential 0-5 dwelling units per acre) in part, to LD (Low Density Residential 0-5
dwelling units per acre) and rezoning from CF (Community Facilities) to R-1-AA (Single Family
Residential) for properties generally located on the west side of S.E. 7th Avenue, approximately 145
feet south of S.E. 2nd Street.
The proposed FLUM amendment and rezoning involves three (3) properties totaling 0.42 acres
within the Marina Historic District. The properties consist of the north 10 feet of Lot 18 and Lots
19, 20, and 21 (less the east 20 feet for S.E. 7th Avenue right-of-way), Gracey-Byrd Subdivision.
Each property contains a single family residence, which is at least 40 years old. The existing FLUM
designation of CF (Community Facilities) and zoning of CF are inappropriate given the existing use
of the properties. The FLUM amendment and rezoning will correct a mapping error and result in
FLUM and zoning consistency. No new development or redevelopment is proposed as part of this
request.
On March 21, 2005, the Planning and Zoning Board held a public hearing in conjunction with the
request. There was no public testimony. The board voted 5-0 to recommend to the City
Commission approval of the corrective FLUM amendment and rezoning by adopting the findings of
fact and law contained in the staff report, finding that the request is consistent with the
Comprehensive Plan, and meets the criteria set forth in Land Development Regulations (LDR)
Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section
2.4.5(D)(5) (Rezoning Findings).
At the first reading on April 5, 2005, the City Commission passed Ordinance No. 13-05.
Recommend approval of Ordinance No. 13-05 second and final reading.
S:\Clty Clerk\agenda memos\Ord 13-05 FLUM and Rezorung SE 7 Ave 041905
CITY COMMISSION DOCUMENTATION
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TO:
THRU:
FROM:
SUBJECT:
DAVID 1.)4RDEN, ITY ANAGER
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PAUL DORLlNG, DIRECT OF PLANNING AND ZONING
JEFFREY A. COSTELLO, ASSISTANT DIRECTOR OF PLAN
MEETING OF APRIL 5, 2005
CITY-INITIATED CORRECTIVE FUTURE LAND USE MAP AMENDMENT FROM CF
(COMMUNITY FACILITIES) AND LD (LOW DENSITY RESIDENTIAL 0-5 DUlAC), IN
PART, TO LD AND REZONING FROM CF (COMMUNITY FACILITIES) TO R-1-AA
(SINGLE FAMILY RESIDENTIAL) FOR PROPERTIES GENERALLY LOCATED ON
THE WEST SIDE OF S.E. 7TH AVENUE, APPROXIMATELY 145 FEET SOUTH OF
S.E. 2ND STREET.
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BACKGROUND
The proposed FLUM amendment and rezoning involves three properties totaling 0.42 acres within the
Marina Historic District. The properties consist of the North 10 feet of Lot 18 and Lots 19, 20 and 21
(less the east 20 feet for S.E. 7th Avenue right-of-way) Gracey-Byrd Subdivision. Each property
contains a single family residence, which is at least 40 years old. The existing FLUM designation of CF
(Community Facilities) and zoning of CF are inappropriate for the property given the existing use of the
properties. The FLUM amendment and rezoning will correct a mapping error and result in FLUM and
zoning consistency for the properties. No new development or redevelopment is proposed as part of
this request. Positive findings can be made with respect to Future Land Use Element Policy A-1.7
(FLUM Amendments Findings) of the Comprehensive Plan, and Sections 3.1.1, 3.2.2, and 2.4.5(0) of
the Land Development Regulations. Additional background and an analysis of the request is found in
the attached Planning and Zoning Board Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION
At its meeting of March 21, 2005, the Planning and Zoning Board held a public hearing in conjunction
with the request. There was no public testimony regarding the proposal. After reviewing the staff report
and discussing the proposal, the Board voted 5-0 (Pike & Walker absent) to recommend to the City
Commission approval of the corrective Future Land Use Map amendment and rezoning, by adopting
the findings of fact and law contained in the staff report, and a finding that the request is consistent with
the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 32.2, and 2.4.5(0)(5) of the
Land Development Regulations.
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RECOMMENDED ACTION
Move approval of the corrective Future Land Use Map amendment from CF and LD, in part, to LD and
rezoning from CF to R-1-AA, by adopting the findings of fact and law contained in the staff report, and a
finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in
Sections 3.1.1, 3.2.2, and 2.4.5(0)(5) of the Land Development Regulations, with second reading to
occur on April 19, 2005.
Attachments: Proposed Ordinance & Planning and Zoning Board Staff Report of March 21, 2005
\¿:j.,E
ORDINANCE NO.13-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION IN THE COMPREHENSIVE PLAN FROM CF
(COMMUNITY FACILITIES) IN PART AND LD (LOW DENSITY
RESIDENTIAL 0-5 DUlAC) IN PART TO LD (LOW DENSITY
RESIDENTIAL 0-5 DUlAC), AND REZONING AND PLACING LAND
PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT TO
R-l-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND
BEING A PARCEL OF LAND LOCATED ON THE WEST SIDE OF SE
7TH AVENUE, APPROXIMATELY 145 FEET SOUTH OF SE 2ND
STREET, AS MORE P ARTICULARL Y DESCRIBED HEREIN;
ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; 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 designated on the Future Land Use Map
(FLUM) in the Comprehensive Plan for the City of Delray Beach, Florida, as CF (Community
Facilities) in part and LD (Low Density Residential 0-5 du/ac) in part; and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated July 2004, as being zoned CF (Community Facilities); and
WHEREAS, at its meeting of March 21,2005, 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 approval of the small scale FLUM and that the property hereinafter described be
rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan be
amended to reflect the revised land use designation ofLD (Low Density Residential 0-5du/ac); and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, dated July 2004, be amended to reflect the revised zoning classification of R-l-AA (Single
Family Residential); and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies ofthe Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section I. That the recitations set forth above are incorporated herein.
Section 2. That the legal description of the subject property is as follows:
The North 10 ft of Lot 18 (less the East 20 ft for S.E. 7th Avenue Right-of-way) and Lots
19 thru 21 (less the East 20 ft for S.E. 7th Avenue Right-of-way), Gracey-Byrd Subdivision
of Block 119, City of Delray, as recorded in Plat Book 10, Page 52 of the Public Records of
Palm Beach County, Florida.
Section 3. That the Future Land Use Map designation for the subject property in the
Comprehensive Plan is hereby changed from CF (Community Facilities) in part and LD (Low
Density Residential 0-5 du/ac) in part, to LD (Low Density Residential 0-5 du/ac).
Section 4. That the Zoning District Map of the City of Delray Beach, Florida, dated July
2004, is hereby changed from CF (Community Facilities) District toR-l-AA (Single Family
Residential) District.
Section 5. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(l)(c)3.
Section 6. 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 ofDelray Beach, Florida, dated July 2004
to confonn with the provisions of Section 4 hereof.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 8. 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.
2
ORD NO.
Section 9. That this ordinance shall become effective thirty-one (31) days after adoption,
unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the
effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development pennits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affinning its effective status, a copy of which resolution
shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview
Drive, Tallahassee, Florida 32399-2100.
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
3
ORD NO.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT ---
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owners............................... .
Applicant! Agent.............. . . . . .
Location........................ . . . . . .
Property Size.......................
Future Land Use Map..........
Current Zoning....................
Proposed FLUM..................
Proposed Zoning...............
Adjacent Zoning....North:
East:
South:
West:
Existing Land Use...............
Proposed Land Use.............
Water Service...................
Sewer Service...................
March 21 , 2005
IV.C.
City Initiated Corrective Future Land Use Map Amendment From CF (Community Facilities)
In Part and LD (Low Density Residential 0-5 du/ac) In Part To LD (Low Density Residential
0-5 du/ac) and Rezoning From CF (Community Facilities~ To R-1-AA (Single Family
Residential) for Properties Located on the West Side of SE 7 Avenue, Approximately 145'
South of SE 2nd Street (Quasi-Judicial Hearing).
Robert W. & Gloria K. Spicer
David W. & Joy M. Homan
David M. & Susan R. Yeager
City of Delray Beach
West side of SE yth Avenue,
approximately 150 feet south of
SE 2nd Street.
0.42 acres
CF (Community Facilities)
CF
LD (Low Density residential 0-5
du/ac)
R-1-M (Single Family
Residential)
CF
R-1-M
R-1-M
CBD (Central Business District)
Three (3) single family homes.
Same as existing
Existing on Site.
Existing on Site.
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IV. C.
ITEM BEFORE THE BOARD
The action before the Board is making a recommendation to the City Commission on a City
initiated corrective Small-scale Future Land Use Map (FLUM) amendment from CF
(Community Facilities) and LD (Low Density Residential 0-5 du/ac), in part, to LD (Low
Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-AA
(Single Family Residential) for 214,218 & 222 SE 7th Avenue.
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 and rezoning of land.
BACKGROUND
The proposed FLUM amendment and rezoning involves three properties totaling 0.42 acres
within the Marina Historic District. The properties are generally located on the west side of
S.E. 7th Avenue, approximately 150 feet south of S.E. 2nd Street. The properties consist of the
North 10 feet of Lot 18, Lots 19, 20 and 21 (less the east 20 feet for S.E. ¡th Avenue right-of-
way) Gracey-Byrd Subdivision. The properties contain the following:
214 SE 1h Avenue:
218 SE 1h Avenue:
222 SE 1h Avenue:
Existing 1,038 sq.ft. single family dwelling constructed in 1922 in the
Frame Vernacular architectural style.
Existing 2,374 sq.ft. single family dwelling constructed in 1959.
Existing 1,491 sq.ft. single family dwelling constructed in 1937 in the
Frame Vernacular architectural style.
With the adoption of the City's Comprehensive Plan and Future Land Use Map (FLUM) in
November 1989, the FLUM designation was changed from Low Density Residential 0-5 du/ac
to Community Facilities - Church in conjunction with the adjacent First Church of Christ
Scientist property. Subsequently, with the Citywide rezoning and adoption of the Land
Development Regulations in October 1990, the property was rezoned from R-1-AA (Single
Family Residential) to CF (Community Facilities). It is noted the CF FLUM designation
suffixes were eliminated as part of the City's annual Comprehensive Plan Amendment 2004-
2.
The properties have been in private ownership for many years and recently there have been
a number of inquiries regarding the properties which brought the FLUM and zoning
inconsistencies to light.
FUTURE LAND USE MAP AMENDMENT ANA LYSIS
Florida Statutes 163.31873 - Small Scale Land Use Map Amendments:
This Future Land Use Map Amendment is being processed as a Small-Scale Development
pursuant to Florida Statutes 163.3187. This statute states that any local government
comprehensive land use amendments directly related to proposed small scale development
P & Z Board Staff Re~ort
214,218 & 222 SE 7t Ave - Corrective FLUM Amendment and Rezoning
Page 2
activities may be approved without regard to statutory limits on the frequency of consideration
of amendments (twice a year), subject to the following conditions:
o The amendment does not exceed 10 acres of land;
o The cumulative effect of the amendments processed under this section shall not
exceed 120 acres within designated redevelopment and traffic concurrency exception
areas, or 60 acres annually in areas lying outside the designated areas;
o The proposed amendment does not involve the same property, or the same owner's
property within 200 feet of property, granted a change within a period of 12 months;
o That if the proposed amendment involves a residential land use, the residential land
use has a density of 10 units or less per acre;
o The proposed amendment does not involve a text change to the goals, policies, and
objectives of the local government's comprehensive plan, but only proposes a land
use change to the future land use map for a site-specific small scale development
activity; and,
o The property that is the subject of a proposed amendment is not located within an area
of critical state concern.
The Future Land Use Map amendment involves a 0.42-acre area, thus the total area is less
than the 10 acre maximum. The proposed amendment to LD (Low Density Residential - 0-5
du/ac) is less than the maximum 10 dwelling unit per acre limit set for residential
amendments. The property is not located within a designated redevelopment, urban infill,
downtown revitalization, or traffic concurrency exception area. This amendment along with
other small-scale amendments processed this year, outside the designated areas, will not
exceed 60 acres. The property has not previously been considered for a land use
amendment nor has the same property owner's properties, within 200 feet, been granted a
land use change, within the last year. The amendment does not involve a text change to the
Comprehensive Plan and it is not located within an area of critical state concern.
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.
The current CF zoning and CF Future Land Use Map designation do not allow the existing
single family residences. The Future Land Use Map amendment and rezoning is being
sought to eliminate an existing inconsistency.
REQUIRED FINDINGS:
Future land Use Element Policv A-1. 7: Amendments to the Future land Use Map must
be based upon the following findings:
P & Z Board Staff Re~ort
214,218 & 222 SE ¡t Ave - Corrective FLUM Amendment and Rezoning
Page 3
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 designation of CF is inconsistent with the existing use on the property.
This corrective amendment will apply a Future Land Use Map designation of LD (Low
Density Residential 0-5 du/ac) to the properties reflecting their existing use which has
continued for over 40 years. Thus, the amendment will eliminate an inconsistency and
correct a mapping error.
D Consistency -- The requested designation is consistent with the goals, objectives,
and policies of the most recently adopted Comprehensive Plan.
The proposed FLUM amendment to LD is corrective in nature and eliminates the
inconsistency between the FLUM designation and use of the property.
D Concurrency -- Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposed rezoning and FLUM change is corrective, in nature and no new
development or redevelopment is proposed with the request. Thus, the request will have
no impact with respect to Concurrency.
D Compatibility -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
The requested designation of LD will be consistent with adjacent land use designations to
the east and south, and will accommodate the existing use of the properties. Since no
development changes are proposed and the current uses have existed for over 40 years,
no compatibility concerns are noted with the adjacent single family residences and church
use to the north.
D Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
The subject property is developed and no additional improvements are proposed with this
request.
A review of the applicable Comprehensive Plan Policies was undertaken and the
following applicable policy was identified.
Coastal Management Element Policy C-3.2 - There shall be no change in the intensity
of land use within the barrier island and all intill development which does occur shall
connect to the City's storm water management system and sanitary sewer system
P & Z Board Staff Re~ort
214,218 & 222 SE 7t Ave - Corrective FLUM Amendment and Rezoning
Page 4
The proposed FLUM amendment will not change the intensity of land uses as there are
no changes proposed in the current uses on the site. It is noted the intensity of uses
allowed under the LD FLUM designation are equal to or less intense than those allowed
under the CF FLUM designation.
ZONING ANALYSIS
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 Amendment Analysis" section of this
report. Compliance with the Land Development Regulations with respect to Standards for
Rezoning Actions and Rezoning Findings are discussed below.
CONSISTENCY: Compliance with the peñormance standards set forth in Section 3.2.2
(Standards for Rezoning Actions), along with the 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 making a finding of overall consistency.
Section 3.2.2 (Standards for Rezonina Actions): Standard Band C are not applicable
with respect to this rezoning request. The applicable performance standards of
Section 3.2.2 are as follows:
(A) The most restrictive residential zoning district that is applicable given existing
development patterns and typical lot sizes shall be applied to those areas
identified as "stable" and "stabilization" on the Residential Neighborhood
Categorization Map. Requests for rezonings to a different zoning designation,
other than Community Facilities, Open Space, Open Space and Recreation, or
Conservation shall be denied.
The surrounding residential area has been identified as stable on the Residential
Neighborhood Categorization Map. The adjacent residential properties south of SE 2nd
Street are zoned R-1-AA (Single Family Residential), which is the zoning classification
that has been applied to the properties for over 40 years. The R-1-AA zoning district
existed on the subject properties prior to 1990. While the City-initiated rezoning
request is to a designation other than identified in the above policy, the proposed R-1-
AA zoning is appropriate and is the most restrictive given the existing development
P & Z Board Staff Re~ort
214,218 & 222 SE yt Ave - Corrective FLUM Amendment and Rezoning
Page 5
pattern and typical lot sizes south of SE 2nd Street as well as the fact the subject
properties were previously zoned R-1-AA.
(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 property is surrounded by the following zoning districts: to the north is zoned CF;
to the east and south are zoned R-1-AA; and, to the west is zoned CBD (Central
Business District). The existing land uses are: a church (First Church of Christ
Scientist) to the north; single family residences to the east and south; and retail
(Discount Auto Parts) and auto repair (Firestone Center - nonconforming use) to the
west. The zoning action is corrective, and will result in the application of an appropriate
zoning classification which is consistent with the zoning designation of the adjacent
residential properties. The residential properties are separated from the commercial
properties to the west by an improved alley. With the redevelopment of the commercial
properties to the west, there are regulations that exist to mitigate any potential adverse
impacts to the residential properties. This single family uses have existed on the
properties for over 40 years and no new development is proposed.
(E) Remaining, isolated infill lots within the coastal planning area shall be
developed under zoning which is identical or similar to the zoning of adjacent
properties; and, the resulting development shall be of a design and intensity
which is similar to the adjacent development.
The subject properties have been developed in a manner consistent with the adjacent
R-1-AA zoning and has a similar design and intensity of the adjacent properties.
Based upon the above, positive findings can be made with respect to the applicable
performance standards.
Section 2.4.5(D)(5) (Rezonina Findinas):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1,
the City Commission must make a finding that the rezoning fulfills one of the reasons
for which the rezoning change is being sought. These reasons include the following:
a. That the zoning had previously been changed, or was originally established, in
error;
b. That there has been a change in circumstances which make the current zoning
inappropriate;
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.
P & Z Board Staff Re~ort
214,218 & 222 SE yt Ave - Corrective FLUM Amendment and Rezoning
Page 6
The reason for the rezoning is "a". The zoning change in 1990 was established in error as the
properties contained single family residences and were not owned or aggregated as part of
the adjacent church property. This corrective rezoning will result in the assigning of an
appropriate classification for the existing uses as well as achieve consistency with respect to
the use of the land.
REVIEW BY OTHERS
The development proposal is not located within the geographical area requiring review by the
DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency).
Historic Preservation Board
At its meeting of March 16, 2005, the Historic Preservation Board reviewed and
recommended approval of the proposed Future Land Use Map amendment and Rezoning
requests.
Courtesy Notices:
A special courtesy notice was provided to the following Homeowners and Civic Associations:
· Marina Historic District Association
· PROD (Progressive Residents of Delray)
· President's Council
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of objection and support, if any, will be presented at the Planning and
Zoning Board meeting.
ASSESSMENT AND CONCLUSION
The existing FLUM designation of CF (Community Facilities) and zoning of CF are
inappropriate for the property given the existing use of the property. The FLUM amendment
and rezoning will correct a mapping error and result in FLUM and zoning consistency for the
properties. The residential uses on the property have existed at this site for many years and
will not be affected by the proposed changes. No new development or redevelopment is
proposed as part of this request. Positive findings can be made with respect to Future Land
Use Element Policy A-1.7 (FLUM Amendments Findings) of the Comprehensive Plan, and
Sections 3.1.1, 3.2.2, and 2.4.5(0) of the Land Development Regulations.
ALTERNATIVE ACTIONS
A. Continue with direction.
P & Z Board Staff Re~ort
214,218 & 222 SE 7t Ave - Corrective FLUM Amendment and Rezoning
Page 7
B. Move a recommendation of approval to the City Commission for the corrective Future
Land Use Map amendment from CF and LD, in part, to LD and rezoning from CF to
R-1-AA for 214, 218 & 222 SE 7th Avenue by adopting the findings of fact and law
contained in the staff report, and a finding that the request is consistent with the
Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and
2.4.5(0)(5) of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the corrective Future
Land Use Map amendment from CF and LD, in part, to LD and rezoning from CF to R-
1-AA for 214, 218 & 222 SE 7th Avenue by adopting the findings of fact and law
contained in the staff report, and a finding that the request is inconsistent with the
Comprehensive Plan, and does not meet the criteria set forth in Sections 3.1.1, 3.2.2,
and 2.4.5(0)(5) of the Land Development Regulations.
STAFF RECOMMENDATION
Move a recommendation of approval to the City Commission for the corrective Future Land
Use Map amendment from CF and LD, in part, to LD and rezoning from CF to R-1-AA for
214, 218 & 222 SE 7th Avenue by adopting the findings of fact and law contained in the staff
report, and a finding that the request is consistent with the Comprehensive Plan, and meets
the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(0)(5) of the Land Development
Regulations.
Attachments: Future Land Use Map & Zoning Map
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CITY Of DELRAY BEACH
NOTICE Of PROPOSED LAND USE CHANGE
AND REZONING
The City Commission of the City of Delray Beach, Florida, proposes to adopt
the following small scale amendment to the Comprehensive plan of the City
of Delray Beach:
The City Commission will conduct a Public Hearing on TUESDAY. APRIL
19. 2005, AT 7:00 P.M. in the Commission Chambers at City Hall, 100
N.W. 1 st Avenue, Delray Beach, Florida (or at any continuation of such
meeting which is set by the City Commission). At this meeting the City
Commission will consider adopting this small scale amendment to the Future
land Use Map of the Comprehensive plan and the rezoning The title of the
enacting ordinance is as follows:
· A small scale Future land Use Map (FlUM) amendment FROM CF
(Community Facilities) in part and LD (low Density Residential 0-5 DU/ AC)
In part TO LD (low Density Residential 0-5 DU/ AC) and rezoning FROM
- CF (Community FaCIlities) District TO R-1-AA (Single Family Residential)
District for a 0 42 acre property located on the west side of S E. 7th Avenue
approximately 145 feet south of S E. 2nd Street.
ORDINANCE NO. 13-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DElRAY
BEACH, flORIDA, CHANGING THE FUTURE lAND USE MAP DESIGNA-
TION IN THE COMPREHENSIVE PIAN FROM CF (COMMUNITY FACILI-
TIES) IN PART AND lD (lOW DENSITY RESIDENTIAL 0-5 DU/ AC) IN PART
TO LD (lOW DENSITY RESIDENTIAL 0-5 DU/ AC), AND REZONING AND
PlACING lAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) DIS-
TRIG TO R-1-AA (SINGLE FAMilY RESIDENTIAL) DISTRIG; SAID lAND
BEING A PARCEL OF lAND lOCATED ON THE WEST SIDE OF SE 7TH
AVENUE, APPROXIMATELY 145 FEET SOUTH OF SE 2ND STREET, AS
MORE PARTICUlARLY DESCRIBED HEREIN; ElECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMAll SCALE
LAND USE PIAN AMENDMENTS; AMENDING "ZONING MAP OF DEl-
RAY BEACH, FLORIDA, JULY 2004; PROVIDING A GENERAL REPEALER
ClAUSE, A SAVING ClAUSE, AND AN EFFECTIVE DATE.
All interested citizens are invited to attend the public hearing and comment
upon the Future land Use Map amendment and rezoning or submit their
comments in writing on or before the date of this hearing to the Planning
and Zoning Department. For further information or to obtain copies-of the
proposed amendment, please contact Jeff Costello of the Planning and
Zoning Department, 100 N.W. 1 st Avenue, Delray Beach, Florida 33444
(email at pzmail@mydelravbeach.comJ, phone (561 }243-7040, between
the hours of 8:00 a.m. and 5:00 p.m on weekdays (excluding holidays).
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECI-
SION MADE BY THE CITY COMMISSION WITH RESPEG TO ANY MATfER
CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED A VERBATIM
RECORD OF THE PROCEEDINGS, AND FOR THIS PURPOSE SUCH PER-
SON MAY NEED TO ENSURE THAT. A VERBATIM RECORD OF THE PRO-
CEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS BASED. THE CITY DOES NOT
PROVIDE OR PREPARE SUCH RECORD PURSUANT TO F.S. 2860105.
CITY OF DElRAY BEACH
Chevelle D. Nubin
City clerk
PUBLISH: Thursday, April 7, 2005
Boca Raton News
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