Ord 34-05
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ORDINANCE NO. 34-05
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE MAP DESIGNATION AS
CONTAINED IN THE COMPREHENSIVE PLAN FROM OS
(OPEN SPACE) TO LD (LOW DENSI1Y RESIDENTIAL 0-5
DU / AC); ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR SMALL
SCALE LAND USE PLAN AMENDMENTS; AND
REZONING AND PLACING LAND PRESENTLY ZONED
OSR (OPEN SPACE AND RECREATION) TO R-l-A
(SINGLE F AMIL Y RESIDENTIAL) DISTRICT; SAID LAND
BEING A PARCEL OF LAND LOCATED ON THE NORTH
SIDE OF GREENSWARD LANE, WITHIN THE HAMLET
COUNTRY CLUB LOCATED AT THE INTERSECTION OF
WEST ATLANTIC AVENUE AND HAMLET DRIVE, AS
MORE P ARTICULARL Y DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRA Y BEACH,
FLORIDA, APRIL 2005"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, HAMLET COUNTRY CLUB, INC. is the fee simple owner of a 0.978 acre
parcel of land located on the north side of Greensward Lane, within The Hamlet Country Club
located at the intersection of West Atlantic Avenue and Hamlet Drive; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use
Map (pLUM) designation of OS (Open Space); and
I WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from OS (Open Space) to LD (Low Density Residential 0-5 du/ac); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April 2005, as being zoned OSR (Open Space and Recreation)
District; and
WHEREAS, at its meeting of May 23, 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 4 to 0 to
recommend that the Future Land Use Map amendment and rezoning for the property hereinafter
described be approved, based upon positive findings; 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; 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 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 Future Land Use Map designation of the subject property is hereby
officially afftxed as ill (Low Density Residential 0-5 du/ac).
Section 3. 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 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of R-1-A (Single Family Residential)
District for the following described property:
A portion of the Northeast quarter (NE %) of Section 24, Township 46 South, Range 42
East, Palm Beach County, Florida, more particularly described as follows:
Commencing at the Northeast comer of Section 24; thence S 01 ° 20' 38" E., along the East
line of said Section 24, a distance of 1731.88 feet; thence S 86° 49' 04" W, a distance of
242.61 feet to the point of beginning; thence continue S 86° 49' 04" W, a distance of 60.57
feet to a point of intersection with the North line of Tract V, Fox Hollow, according to the
Plat thereof as recorded in Plat Book 47 Pages 106 and 107 of the public records of Palm
Beach County, Florida, and the point of curve of a non tangent curve, concave to the
southwest, of which the radius point lies S 6T 34' 02"W, a radial distance of 125.00 feet;
I thence northwesterly along the arc of said north line, through a central angle of 103 ° 40'
! 09", a distance of 226.17 feet to a point of reverse curvature with a curve concave to the
northwest, having a radius of 125.00 feet; thence southwesterly along the arc, through a
central angle of 10° 39' 39" E, a distance of 23.26 feet; thence N 050 45' 04" E, a distance of
2 ORD NO. 34-05
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173.91 feet; thence N 860 49' 04" E, a distance of 220.47 feet; thence S 120 37' 55"E, a
I distance of 84.30 feet; thence S 050 31' 04"E, a distance of 141.72 feet to the point of
beginning.
Section 5. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform
with the provisions of Section 4 hereof.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
I are hereby repealed.
Section 7. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 8. That this ordinance shall become effective as follows: 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.
;:2\~ PASSED AND ADOPTED in rerar session on second and final reading on this the
_ day of -:;~ ,200 .
ATIEST !Wf¡o? ~
~~.~~
City Clerk l,.\,\lfS
First Reading
\v\~~\D5
Second Reading
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3 ORD NO. 34-05
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MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGERffltÅ....
SUBJECT: AGENDA ITEM # \O\:) - REGULAR MEETING OF JUNE 21. 2005
ORDINANCE NO. 34-05 (PRIVATELY INITIATED SMALL SCALE
FUTURE LAND USE MAP AMENDMENT)
DATE: JUNE 17, 2005
This ordinance is before Commission for second reading and a quasijudiciaJ hearing for a privately
initiated small scale Future Land Use Map (pLUM) Amendment from OS (Open Space) to LD (Low
Density Residential 0-5 dwelling units per acre) and rezoning from OSR (Open Space and Recreation)
to R-1-A (Single Family Residential) for a 0.978 acre parcel of land located on the south side of West
Adantic Avenue, approximately 2,000 feet west of Homewood Boulevard within the Hamlet
Residential Development.
The Hamlet subdivision was developed as a compilation of single family residential plats ("pods")
around a golf course. The subject 0.978 acre parcel is not part of the golf course and is an
undeveloped/unplatted remnant of the residential community. The Hamlet Country Club began
construction in the mid 1970's and is primarily built-out. The residential communities surround a 101
acre golf course with clubhouse and tennis facilities.
The Hamlet development was annexed into the City in 1971. With the initial adoption of the Future
Land Use Map in 1989, the designation of the subject property was changed from Single Family to
OS. The subject property was rezoned from R-1-A to OSR with the Citywide rezoning of October,
1990. The applicant has submitted a FLUM amendment and rezoning change to accommodate the
development of two (2) single family residences. Additional background and an analysis of the FLUM
amendment and rezoning are provided in the attached Planning and Zoning Board staff report.
At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing in conjunction
with the request. There was no public testimony regarding the request. After reviewing the staff
report and discussing the proposal, the Board voted 4-0 to recommend to the Commission approval
of the small scale FLUM amendment and rezoning by adopting the findings of fact and law contained
in the staff report, the request is consistent with the Comprehensive Plan, and meets the criteria with
respect to Land Development Regulations Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1
(Required Findings), and Section 3.2.2 (Standards for Rezoning Actions).
At the first reading on June 7, 2005, the City Commission passed Ordinance No. 34-05.
Recommend approval of Ordinance No. 34-05 on second and final reading.
S.\Clty Clerk\agenda memos\Ord 34-05 FLUM Hamlet 062105
I '," >¡,; 1W· CITY COMMISSION DOCUMENTATION ~
.. "~;':
TO: DAV~HARD~MANAGER
THRU: PAUl: ~G. DlR T~R OF P'X AND ZONING
FROM: SCOTT PAPE, SENIOR PLANNER :v*-
SUBJECT: MEETING OF JUNE 7, 2005
PRIVATELY INITIATED SMALL SCALE FUTURE LAND USE MAP AMENDMENT FROM
OS (OPEN SPACE) TO LD (LOW DENSITY RESIDENTIAL 0-5 DUlAC) AND REZONING
FROM OSR (OPEN SPACE AND RECREATION) TO R-1-A (SINGLE FAMILY
RESIDENTIAL) FOR PROPERTY LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC
AVENUE, APPROXIMATELY 2,000' WEST OF HOMEWOOD BOULEVARD WITHIN THE
HAMLET RESIDENTIAL DEVELOPMENT.
I BACKGROUND I
The Hamlet subdivision was developed as a compilation of single family residential plats ("pods") around a
golf course. The subject 0.978 acre parcel is not part of the golf course and is an undeveloped/unplatted
remnant of the residential community. The Hamlet Country Club began construction in the mid 1970's and
is primarily built-out. The residential communities surround a 101 acre golf course with clubhouse and
tennis facilities.
The Hamlet development was annexed into the City in 1971. With the initial adoption of the Future Land
Use Map in 1989, the designation of the subject property was changed from Single Family to OS (Open
Space). The subject property was rezoned from R-1-A to OSR (Open Space and Recreation) with the
Citywide rezoning of October 1990. The applicant has submitted a Future Land Use Map and rezoning
change to accommodate the development of two single family residences. Additional background and an
analysis of the FLUM amendment and rezoning are provided in the attached Planning and Zoning Board
staff report.
I PLANNING AND ZONING BOARD CONSIDERATION I
At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing in conjunction with the
Small Scale Future Land Use Map amendment and rezoning requests. After reviewing the staff report and
discussing the proposal, the Board unanimously voted 4-0 (Kincaide, Morris and Zacks absent) to
recommend approval of the small scale Future Land Use Map Amendment from OS (Open Space) to LD
(Low Density Residential 0-5 du/ac) and rezoning from OSR (Open Space and Recreation) to R-1-A (Single
Family Residential) by adopting the findings of fact and law contained in the staff report, and finding that the
request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in
Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
I RECOMMENDED ACTION I
Move approval of the small scale Future Land Use Map Amendment from OS (Open Space) to LD (Low
Density 0-5 du/ac) and rezoning from OSR (Open Space and Recreation) to R-1-A (Single Family
Residential) by adopting the findings of fact and law contained in the staff report, and finding that the
request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in
Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Attachments: Planning and Zoning Board Staff Report of May 23, 2005 and Ordinance
\~
ORDINANCE NO. 34-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE FUTURE LAND USE
MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE
PLAN FROM OS (OPEN SPACE) TO LD (LOW DENSITY
RESIDENTIAL 0-5 DU/ AC); ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING
LAND PRE SENTL Y ZONED OSR (OPEN SPACE AND
RECREATION) TO R-I-A (SINGLE FAMILY RESIDENTIAL)
DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON
THE NORTH SIDE OF GREENSWARD LANE, WITHIN THE
HAMLET COUNTRY CLUB LOCATED AT THE INTERSECTION OF
WEST ATLANTIC AVENUE AND HAMLET DRIVE, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING
MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, HAMLET COUNTRY CLUB, INC. is the fee simple owner of a 0.978 acre
parcel of land located on the north side of Greensward Lane, within The Hamlet Country Club
located at the intersection of West Atlantic A venue and Hamlet Drive; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map
(FLUM) designation of OS (Open Space); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from OS (Open Space) to LD (Low Density Residential 0-5 du/ac); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April 2005, as being zoned OSR (Open Space and Recreation)
District; and
WHEREAS, at its meeting of May 23, 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 4 to 0
to recommend that the Future Land Use Map amendment and rezoning for the property hereinafter
described be approved, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has detennined 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; 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 I. That the recitations set forth above are incorporated herein.
Section 2. That the Future Land Use Map designation of the subject property is hereby
officially affixed as LD (Low Density Residential 0-5 du/ac).
Section 3. That the City 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 4. That the Zoning District Map of the City of Dekay Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of R-1-A (Single Family Residential)
District for the following described property:
A portion of the Northeast quarter (NE y.¡) of Section 24, Township 46 South, Range 42
East, Palm Beach County, Florida, more particularly described as follows:
Commencing at the Northeast comer of Section 24; thence S 01 " 20' 38" E., along the East
line of said Section 24, a distance of 1731.88 feet; thence S 86" 49' 04" W, a distance of
242.61 feet to the point of beginning; thence continue S 86" 49' 04" W, a distance of60.57
feet to a point of intersection with the North line of Tract V, Fox Hollow, according to the
Plat thereof as recorded in Plat Book 47 Pages 106 and 107 of the public records of Palm
Beach County, Florida, and the point of curve of a non tangent curve, concave to the
southwest, of which the radius point lies S 67" 34' 02"W, a radial distance of 125.00 feet;
thence northwesterly along the arc of said north line, through a central angle of 103" 40'
09", a distance of 226.17 feet to a point of reverse curvature with a curve concave to the
northwest, having a radius of 125.00 feet; thence southwesterly along the arc, through a
central angle of 10" 39' 39" E, a distance of23.26 feet; thence N 05" 45' 04" E, a distance
of 173.91 feet; thence N 86" 49' 04" E, a distance of 220.47 feet; thence S 12" 37' 55"E, a
2 ORD NO. 34-05
---~ --
distance of 84.30 feet; thence S 05· 31' 04"E, a distance of 141.72 feet to the point of
beginning.
Section 5. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 4 hereof.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 7. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 8. That this ordinance shall become effective as follows: 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.
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. 34-05
l .
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---ST AFF REPORT ---
. MEETING DATE: May 23, 2005
AGENDA ITEM: IV.D.
ITEM: Future Land Use Map Amendment From OS (Open Space) To LD (Low Density
Residential 0-5 du/ac) and Rezoning From OSR (Open Space and Recreation)
to R-1-A (Single Family Residential) For a 0.978 Acre Parcel within The Hamlet
Residential Development (Quasi-Judicial Hearing).
GENERAL DATA:
Owner/Applicant......................... The Hamlet Country Club,
Inc.
Agent...... ................. ...... ..... ........ Mitchell Kirshner
Location...................................... Located on the south side of
West Atlantic Avenue,
approximately 2,000' west of
Homewood Boulevard.
Property Size.............................. 0.978 Acres
Future Land Use Map................ OS (Open Space)
Proposed FLUM.......................... LD (Low Density Residential,
0-5 Units/Acre)
Current Zoning............................ OSR (Open Space and
Recreation)
Proposed Zoning........................ R-1-A (Single Family
Residential)
Adjacent Zoning................North: OSR
East: OSR
South: OSR
West: OSR
Existing Land Use...................... Vacant
Proposed Land Use.................... Single Family Residential.
Water Service............................. Via Lateral Connection to 12"
Water Main on site.
Sewer Service............................. Via Lateral Connection to 8"
Sewer Main along
Greensward Lane.
IV. D.
I ITEM BEFORE THE BOARD I
The action before the Board is that of making a recommendation to the City
Commission on a privately sponsored Future Land Use Map (FLUM) Amendment from
OS (Open Space) to LD (Low Density Residential 0-5 dwelling units per acre) and
rezoning from OSR (Open Space and Recreation) to R-1-A (Single Family Residential)
for a 0.978 acre parcel located within The Hamlet residential subdivision, which is on
the south side of West Atlantic Avenue, approximately 2,000' west of Homewood
Boulevard.
Pursuant to Section 2.2.2(E), the Local Planning Agency (Planning & Zoning Board)
shall review and make a recommendation to the City Commission with respect to the
rezoning and FLUM Amendment of any property within the City.
I BACKGROUND I
The property consists of an unplatted wooded parcel within The Hamlet residential
subdivision that contains 0.978 acres. The Hamlet subdivision was developed as a
compilation of single family residential plats ("pods") around a golf course. The subject
parcel is not part of the golf course and is an undeveloped/unplatted remnant of the
residential community that is owned by the Hamlet Country Club. The Hamlet Country
Club began construction in the mid 1970's and is primarily built-out. The community
features a 101 acre golf course with clubhouse and tennis facilities.
The Hamlet development was annexed into the City in 1971. This particular property
was rezoned from R-1-A (Single Family Residential) to OSR with the Citywide rezoning
of October 1990. A FLUM and rezoning request to designations which would
accommodate development of two single family residences are now before the Board
for consideration.
I FUTURE LAND USE MAP AMENDMENT ANA lYSIS I
Florida Statutes 163.3187 - 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 activities may be approved without regard to statutory limits on the
frequency of consideration of amendments (twice a year), subject to the following
conditions:
0 The amendment does not exceed 10 acres of land;
0 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;
P & Z Board Staff Report
FLUM Amendment & Rezoning for The Hamlet
Page 2
D 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;
D That if the proposed amendment involves a residential land use, the residential
land use has a density of 10 units or less per acre except for properties that are
designated in the Comprehensive Plan for urban infill, urban redevelopment, or
downtown revitalization;
D 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,
D The property that is the subject of a proposed amendment is not located within
an area of critical state concern.
The subject properties consist of 0.978 acres. The properties are not located within a
designated redevelopment area or traffic concurrency exception area. The City has
adopted one Small Scale Future Land Use Map (FLUM) Amendments this year as
defined by Florida State Statute 163.3187 that consisted of 0.42 acres. Therefore, the
proposed 0.978 acre FLUM amendment does not exceed the 60 acre annual limit (1.40
acres total). The Low Density Residential FLUM designation allows a residential
density up to five dwelling units per acre. Consequently, the proposed FLUM
amendment can be considered under the small scale procedures since the residential
density proposed for the subject property is less than 10 dwelling units per acres. The
property has not previously been considered for a Future Land Use Map amendment
nor has the same owner's property, 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. Given
the above, the proposed FLUM amendment can be processed as a small scale
amendment.
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.
As noted previously the property is currently vacant and wooded. The applicant has
indicated that the intention is to construct two single family residences on the property.
Pursuant to LDR Section 4.4.3(B)(1), conventionally sited single family detached
residences are permitted uses in the R-1-A zoning district. Based on LDR Section
4.3.4(Development Standards Matrix), the property is of sufficient size and dimensions
to accommodate the development of up to four single family residences. Pursuant to
Table L-7 (Future Land Use Element), the proposed R-1-A zoning district is consistent
with the LD Future Land Use Map designation.
P & Z Board Staff Report
FLUM Amendment & Rezoning for The Hamlet
Page 3
Based upon the above, a positive finding with respect to Future Land Use Map
consistency can be made.
REQUIRED FINDINGS:
Future Land Use Element Policv A-1.7: Amendments to the Future Land Use Map
must be based upon the following findings:
o 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 verifying the changing demographics
or other circumstances. This requirement shall not apply to requests for the
FLUM designations of Conservation or Recreation and Open Space; nor shall
it apply to FLUM changes associated with annexations when the City's
advisory FLUM designation is being applied or when the requested
designation is of a similar intensity to the advisory designation. However, the
findings described in the remainder of this policy must be addressed with all
FLUM amendments.
The applicant has not submitted data and analysis that verifies the changing
demographic or other circumstances that demonstrate the need to change the FLUM
designation of the subject property. The applicant has indicated that interest has
been received for additional development within the Hamlet "subdivision" and that
additional membership would aid in maintaining the country club as a first class
facility. The development pattern of the Hamlet is primarily single family residential
with similar densities.
The availability of vacant land for new single family residential development within
the City is becoming depleted. Infill development within existing neighborhoods will
provide some of the last opportunities for new single family housing stock in the City
when the last significant vacant parcels are developed. The proposed amendment
will help fulfill the Comprehensive Plan Housing Element. Based on data and
analysis provided in the Housing Element (Table HO-17), the City's projected need
for additional single family housing between 1995 and 2005 is 1,051 additional
single family residences. This FLUM amendment will provide some of that demand.
o Consistency -- The requested designation is consistent with the goals,
objectives, and policies of the most recently adopted Comprehensive Plan.
The proposed change will not have a negative influence on the stability of the
Hamlet residential development and is consistent with the development pattern of
the neighborhood. This change is not inconsistent with any objectives within the
Comprehensive Plan.
o Concurrency -- Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
P & Z Board Staff Report
FLUM Amendment & Rezoning for The Hamlet
Page 4
At a density of five dwelling units per acre, four dwelling units could be constructed
on the property. The impact on the adopted concurrency levels will be negligible
and easily accommodated by existing public services.
o Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
With exception of one MD (Medium Density 5-12 du/ac) tract, the Hamlet residential
development consists of LD designated properties together with the golf course.
The proposed FLUM designation is consistent with the development pattern of the
majority of the Hamlet residential development.
o Compliance -- Development under the requested designation will comply with
the provisions and requirements of the land Development Regulations.
Future redevelopment of the land will occur in accordance with the City's Land
Development Regulations during the building permit review process.
I ZONING ANALYSIS I
REQUIRED FINDINGS:
lDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of land Use
applications, certain findings must be made in a form which is part of the official
record. This may be achieved through information on the application, written
materials submitted by the applicant, the staff report, 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 was
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 performance standards set forth in Section
3.2.2 (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.
Section 3.2.2 (Standards for Rezonina Actions): Standards 8, C and E are not
applicable with respect to the rezoning requests. The applicable performance
standard of Section 3.2.2 is as follows:
P & Z Board Staff Report
FLUM Amendment & Rezoning for The Hamlet
Page 5
(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 subject property is designated as "stable" on the Residential Neighborhood
Categorization Map. The proposed rezoning to R-1-A from OSR would be the
appropriate and most restrictive given the same zoning designations of the
surrounding "pods" with the Hamlet residential development.
(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.
As noted previously, the R-1-A zoning designation is the predominate residential
designation within the Hamlet development. The surrounding development
pattern is single family residences. The construction of two single family homes
will fit seamlessly with the development pattern of the entire subdivision.
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.
The appropriate reason for the proposed rezonings is based on all three of the rezoning
findings:
As noted in the background section of this report, the property was rezoned from R-1-A
to OSR as part of the Citywide rezoning in 1990 (established in error). Following this
rezoning, the housing demands in Delray Beach have significantly increased since
1990. The need for additional single family housing stock is identified within the
Comprehensive Plan (change of circumstances). The proposed LD FLUM and R-1-A
zoning designations are compatible and consistent with the development pattern of the
P & Z Board Staff Report
FLUM Amendment & Rezoning for The Hamlet
Page 6
surrounding community (similar intensity). The vacant wooded lot has no known
endangered flora or fauna and does not provide a significant habitat. Based on the
above, positive findings with all three criteria can be made.
COMPLIANCE WITH THE lAND DEVELOPMENT REGULATIONS:
Items identified in the land Development Regulations shall specifically be
addressed by the body taking final action on a land development
application/request.
Compliance with the Land Development Regulations will be addressed during the
building permit review process. It is noted that the property will need to be platted prior
to issuance of a building permit.
I REVIEW BY OTHERS I
The subject property is not within a geographical area requiring review by the
Community Redevelopment Agency, Downtown Development Authority or the Historic
Preservation Board.
Courtesy Notices:
Courtesy notices have been provided to the following civic and homeowners
associations:
· Presidents Council
· PROD
· The Hamlet
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.
I ASSESSMENT I
The proposed FLUM amendment and Zoning Map change to develop two single family
residences on the subject property will be compatible with the surrounding properties.
The Hamlet residential development was platted piecemeal and the subject property is
a remnant parcel of land that is not associated with the golf course nor platted for
residential use. Positive findings can be made with respect to Future Land Use Element
Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LOR Section
3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the
Comprehensive Plan. Positive findings can be made with respect to LOR Section
2.4.5(0)(5) (Rezoning Findings) and 3.2.2 (Standards for Rezoning Actions). Therefore,
the proposed FLUM amendment and related zoning change are recommended for
approval based on the findings outlined in this report.
P & Z Board Staff Report
FLUM Amendment & Rezoning for The Hamlet
Page 7
I ALTERNATIVE ACTIONS I
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for a small scale FLUM
Amendment from OS (Open Space) to LD (Low Density 0-5 du/ac) and rezoning
from OSR (Open Space and Recreation) to R-1-A (Single Family Residential) for
land with a total acreage of 0.978 acres for The Hamlet 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. Move a recommendation of denial to the City Commission for a small scale FLUM
Amendment from OS (Open Space) to LD (Low Density 0-5 du/ac) and rezoning
from OSR (Open Space and Recreation) to R-1-A (Single Family Residential) for
land with a total acreage of 0.978 acres for The Hamlet by adopting the findings of
fact and law contained in the staff report, and finding that the request and approval
thereof is inconsistent with the Comprehensive Plan 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.
I STAFF RECOMMENDATION I
Recommend approval to the City Commission for a small scale FLUM Amendment from
OS (Open Space) to LD (Low Density 0-5 du/ac) and rezoning from OSR (Open Space
and Recreation) to R-1-A (Single Family Residential) for land with a total acreage of
0.978 acres for The Hamlet 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:
o Future Land Use Map
o Zoning Map
Prepared by: Scott Pape. Senior Planner
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6 Boca R~eJray Beach News - Friday, June 10, 2005 · www.bocanews.com
CITY OF DELRAY BEACH
-NOTICE OF PROPOSED LAND
USE CHANGE
AND REZONING'
The City Commission Of the City of Delroy Beach, Florida, proposes 10 adopt the fol-
lowing $lTlall scale amendmenl 10 the Comprehensive Plan of the City of Delroy Beach:
The City Commission will conduct a Public Hearing on TUESDAY. JUNE 21.
2005. AT 7:00 P.M. in the Commission Chambers at City Hall, 100 N.W. 1st
Avenue, Delroy 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 ~ the Fulure Land Use Map of the Comprehensive Plan
and the rezoning. The tide of the enacting ordinance is as follows:
ORDINANCE NO. 34-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CfTY OF DELRAY BEAOI,
FLORIDA, AMENDING' THE FUTURE lAND USE MAP DESIGNATION AS CON-
TAINED IN THE COMPREHENSIVE PlAN FROM OS (OPEN SPACE) ,TO lD (LOW
DENSITY RESIDENTIAL O-S DU/ AC); ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMAll SCALE lAND USE PlAN AMEND-
MENTS; AND REZONING AND PLACING lAND PRESENTlY ZONED OSR (OPEN
SPACE AND RECREATION) TO R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT;
SAID lAND BEING A PARCEL OF lAND LOCATED ON THE NORTH SIDE OF
GREENSWARD lANE, WITHIN THE- HAMlET COUNTRY CLUB LOCATED AT THE
INTERSECTION OF WEST ATlANTIC AVENUE AND HAMlET DRIVE, AS MORE PAR-
TICULARLY DESCRIBED HEREIN; AMENDING MZONING MAP OF DElRAY BEACH,
FLORIDA, APRlL200SM; PROVIDING A GENERAL REPEAlER CLAUSE, A SAVING
CLAl!.SE, AND AN EFFECTIVE DATE.
All interested citizens are invited 10 attend the public hearing and comment upon the
Future Lan<j Use Map amendment and rezoning or ~bmit their comments in writing
on or before the date of this hearing 10 the Planning and Zoning Deparhnent. For fur-
ther information or 10 oofain copies of the proposed amendment, please contáct Jeff
Costello of the Plannin~r and Zoning Department, lOON. W. 1 st Avenue, Delroy
Beach, Florida 3344.4 (email at pzmail@mydelraybeach.com), phone (561 )243-
7040, between the hours_of 8:00 a.m. and S:OO p.m. on weekdays (excluding holi-
days).
PlEASE BE ADVISED-THAT IF A PERSON DECIDES TO APPEAl ANY DECISION'
MADE BY THE CITY COMMISSION WITH RESPECfTO ANY MAlTER CONSIDERED
AT TJ-fIS HEARING, SUOI PERSON Will NEED A VERBATIM RECORD OF THE PRO-
CEEDINGS, AND FOR THIS PURPOSE SUG! PERSON MAY NEED TO ENSURE THAT
A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHIG! RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.
THE CITY DOES NOT PROVIDE OR PREPÃRE SUOI RECORD PURSUANT TO F.S
286.01 OS.
CITY OF DELRAY BEAG!
/ Chevelle D. Nubin
City derie:_
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PUBUSH: Friday,June10¡200S
Boca Raton/Delroy Beach News
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