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Ord 34-05 ( " /,,\ 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 -- (' /,\ 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 ( " /,,\ 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 " .. 3 ORD NO. 34-05 · . 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 · I ISA~ a ~ Q: r HAMLET I I I 1 DOLLAR GRILLE ~ f..,;: PLAZA YÆST ATLANTIC I A'J :NUE \ \ \ \ ~ ~ ~\= Y~ -< /' '~ Y ¡ /'y ~/:S~~ i ,\0\ \ ,\ \S ,1= \\ ~ ....... '-- ----1 I y- w wr-- \ .-/ W f-- :;: ~ <----- '-;:-;: ~r\ I ~~l\ ">-- - 0 S~ -- " ~ ~ ~ OS ~ - - 8 -:5( \l I' ~ ..J ~ _ _t-rl - 05__ ~ -L... --- , -I=~~ ~ ~:-- - -~, _ "'f-- - ~ - - f-- t: . - - -:. f- - ~ î - - ~ tJ ~ "')--~ r-- v¡ - - 0 -.J -- ~- 0 - - ~ I r--", r- « ~ - -----1 - ~ r 1:1: I ~ =,8 ~Þ=I~- f- ~ j G£HWIXD J»O>£ =< ~ == ~t:j CÝ := I L - L CANAL L., 34 / / f-- J - = ~ / ---" II d!/ \ , ~ I-- ro¡"--L II ~L¿ _ r-- s: ~~ ~ \ \ "r-- ~ \ \ <&- - PINE - r-- II----, ~ I b' Tfr1 B '------- ~ LAKE - '" II t- \ ~ '" Cr 3£.ß¡ t / ) J - a I /f / - >-... s.w ui 6TH Sf // L = / I I \ r",-/ r1(~ ~ -~'--- - L I I IlL 4""" 1)", -' _ _ Q£ARBROOK TtlO 1\"1 CIRCLE~ / := _ ¡ =:;;H U 1 I.l I '3! - - 1; = ~ = H CLEJOOK Joorn ORCLE l[ -- ~ - / { - ==i ~u '--/ = >< _ CASA wy 05 = -...J =:jö - MD '" ~»r ~ =1 ~'" ." ~ ~ ~ 1 a 0~ /' ( ~ - \ ~ '" -- ~~~ ~~~i~ ;r\?~L1\~~l N - PROPOSED FUTURE LAND USE MAP AMENDMENT an OF OÐ.RAY BEACH Fl PLANNING &: ZONING OCPARTIAENT FROM OS(OPEN SPACE) TO LD(LOW DENSITY RESIDENTIAL 0-5 DUlAC) - - DIG/fAL BASE UAP SY5r£U - - WoP REF LM837 · ~¿:p n j Hp~i\J~1 POC I I J. D~ GRIllE! In I - ~ST A TlANT1CI I A VENUE \ \ \ \l r::[LJ , srfr> ý ~ J ~~ ~ Y I /' -y ':'~ "- ~=-- lJ U\ \ ~. s ~¡~\ OSk. =~ ': C=~ ~ 11~l--- 0 ~ AJ 1A- ~ \ .~ ~ C- _>--4 ~ OS!!I¡ / ~ 1 \ ~~, :~=C ~ ~,~-~. - ~ I / '{ --, ~ / I-- "'I-- a ~__ - 1 1--\. - ª i--- ~ r-- - ~ S . -- "I-- Ê{ _ ~ 1------ ~ - L- = ~ 0 j ~ __ os '---5 _~- . r- = ~ 'j J _ \ ~ ..- ~ ~ / ! _ I :>/¿ =~ ~ F=: ' == CANAL L ~ 34 I I 1--' .., ~ -- ~ fj}, ~ ~ \' J-- -- - ~ -- ~. fiI~ - " r----.- s..i!'--¡- \ 9: - ~ _ e-- /---.:1: \ \ Q PIN£ \ :0 \ ~ It: Cr I ~ I .... ~ / J J- 0 _ vi " / J L ~ ,>- S.W 6TH ST ~ f r- / II '- ~ C ~- ) - l Cl£1RBRl ~L OR~ -~ - ~ ~ ~ T II[ ( ~ - a::: ~ Cl£AR8ROOK SOUTH) CIRCl£ ~ ~ 59 R ~[l CASA WAY OSR ù-'-1¡ OS ~ I I------. u, L L-JO ........ ./'" P1 CASITA RIIVI WAY ~ RM1 _ I~ 1..'_ ~(~~ / q)A--'" Y /\ - ~µ ""J ~ :..U SW~ '-:ó _ 11 6 FIORE ì N - PROPOSED ZONING AMENDMENT an OF (){lJ¡AY BEACH. f1.. PLANNING de ZONING OCPARTMENr FROM OSR(OPEN SPACE AND RECREATION) TO R-1-4(SINGLE FAMILY RESIDENTIAL) -- DIGITAL BASE MAP SYSÅ’/,I -- MAP REF u.oBJl CC', Cð-ro l Cùtt tt) e, 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:_ ,.." ~, r.¡-Irr; r, ~ ..-rf...~t~ ..''TJ~H· h:P','¡ðf!" {;fÍw- '>"'""':--,':,1£:;, ' ~¡. j PUBUSH: Friday,June10¡200S Boca Raton/Delroy Beach News Ad#NS060S1A ,