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Ord 44-05 ( " /'''' ORDINANCE NO. 44-05 AN ORDINANCE OF THE CIlY COMMISSION OF THE CIlY OF DELRAY BEACH, FLORIDA, AMENDING THE FUroRE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM LD (LOW DENSIlY RESIDENTIAL 0-5 DU / AC) TO OS (OPEN SPACE); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED R-l-AAA-B (SINGLE FAMILY RESIDENTIAL) TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED AT THE NORTHEAST CORNER OF NW 9TH STREET AND NW 4TH AVENUE, 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, the City of Dekay Beach, is the fee simple owner of a 3.4 acre parcel of land I located at the northeast comer of NW 9th Street and NW 4th A venue; and I WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (PLUM) designation of ill (Low Density Residential 0-5 du/ ac); and ! ¡ WHEREAS, the owner of the property requested to change the Future Land Use Map designation from ill (Low Density Residential 0-5 du/ac) to OS (Open Space); and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Dekay Beach, Florida, dated April 2005, as being zoned R-l-AAA-B (Single Family Residential) District; and WHEREAS, at its meeting of June 20, 2005, the Planning and Zoning Board for the City of I, Dekay Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to 0 to I recommend that the property hereinafter described be rezoned, 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 I (" /\ WHEREAS, the City Commission of the City of Dekay 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 Dekay Beach, i Florida, be amended to reflect the revised zoning classification. I ; NOW, lliEREFORE, BE IT ORDAINED BY THE CIlY COMMISSION OF THE CIlY 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 affixed as OS (Open Space). Section 3. That the City of Dekay 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 OSR (Open Space and Recreation) District for the following described property: , The Southwest one-quarter (SW 1f4) of Lot 9, Subdivision of Section 8, Township 46 South, Range 43 East, less the West 25 feet thereof for road right-of-way, also less the South 25 feet for road right-of-way and less the East 170 feet thereof more of less. 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 Dekay 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 i adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, I ! 2 ORD NO. 44-05 ( " /'''' 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 i Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of_\Dð ,2005-. I ATTEST 8æY~R~ ~~rPQu Acting City Clerk I First Reading 0Vn')~S Second Reading o~) 0/ cQ~ 3 ORD NO. 44-05 MEMORANDUM TO: MAYOR AND CIlY COMMISSIONERS FROM: CITY MANAGER tzK1 SUBJECT: AGENDA ITEM # \OE - REGULAR MEETING OF JULY 19, 2005 ORDINANCE NO. 44-05 (FUTURE LAND USE MAP AMENDMENT - CORNELL PARK) DATE: JULY 15, 2005 This ordinance is before Commission for second reading and public hearing for a City initiated small scale Future Land Use Map (pLUM) Amendment from LD (Low Density Residential 0-5 du/ac) to OS (Open Space) and rezoning from R-1-AAA-B (Single Family Residential) to OSR (Open Space and Recreation) for Cornell Park, a 3.4 acre parcel of land, located at the northeast comer of N.W. 9th Street and N.W. 4th Avenue. The proposed FLUM amendment and rezoning involves a vacant property that has had a low density residential land use map designation and single family zoning designation for more than forty (40) years. The property was in private ownership until early 2000 when it was donated to the City to provide a neighborhood park for the community. The proposed land use and zoning changes are necessary to accomplish this purpose. The Planning and Zoning Board held a public hearing at its meeting of June 20, 2005. There was no public testimony regarding the proposed changes. After discussing the requests, the Board voted 7- o to recommend to the City Commission approval of the amendment, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in 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 July 5, 2005, the Commission passed Ordinance No. 44-05. Recommend approval of Ordinance No. 44-05 on second and final reading. S:\Clty Clerk\agenda memos Ord 44-05 FLUM Cornell Park 071905 - ~ ! CITY COMMISSION DOCUMENTATION I TO: D~. HA EN, ITY MANAGER FROM: PA ~LlNG, DI CTOR OF PLANNING AND ZONING SUBJECT: MEETING OF JUL 5,2005 CITY INITIATED FUTURE LAND USE MAP AMENDMENT (SMALL- SCALE) FROM LD (LOW DENSITY RESIDENTIAL 0-5 DUlAC) TO OS (OPEN SPACE) AND REZONING FROM R-1-AAA-B (SINGLE FAMILY RESIDENTIAL) TO OSR (OPEN SPACE AND RECREATION), FOR CORNELL PARK, LOCATED AT THE NORTHEAST CORNER OF NW 9TH STREET AND NW 4TH AVENUE. [I BACKGROUND I ANAL YSIS II The proposed FLUM amendment and rezoning involves a vacant property totaling 3.4 acres. The property has had a low density residential land use map designation and single family zoning designation for more than 40 years. The property was in private ownership until early 2000 when it was donated to the City for the expressed purpose of providing a neighborhood park for the community. The proposed land use and zoning changes are necessary to accomplish this purpose. A detailed analysis of the proposal is found in the attached Planning and Zoning Board staff report. ~ PLANNING AND ZONING BÓÄRD CONSIDIËRÄ TION I At its meeting of June 20, 2005, the Planning and Zoning Board held a public hearing regarding the amendment. There was no public testimony regarding the proposed changes. After discussing the requests the Board voted 7-0 to recommend to the City Commission approval of the Future Land Use Map amendment from LD to OS and rezoning from R-1-AAA-B to OSR, 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. [I RECOMMENDED ACTION '1 Move to approve the Future Land Use Map amendment from LD to OS and rezoning from R-1-AAA-B to OSR for Cornell Park, 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 July 19, 2005. Attachments: Planning and Zoning Board Staff Report of June 20, 2005 & Proposed Ordinance \~e ---- · PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: June 20, 2005 AGENDA ITEM: IV. D. ITEM: The action before the Board is that of making a recommendation on a City initiated small-scale Future Land Use Map Amendment from LD (Low Density Residential) to OS (Open Space) and rezoning from R-1-AAA-B to OSR (Open Space and Recreation) for 3.4 acres currently owned by the City of Delray Beach for Cornell Park. (Quasi-Judicial Hearing). , 't,tj~t;D I I-- - - GENERAL DATA: HW 1 =~ -- ~ Owner/Applicant......................... City of Delray Beach ICity ~w 12TH STREET ~ mlt Initiated ~." 11 ~~ Agent.......... ............................. ... City Initiated .. .. Location...................................... Northwest comer of NW 4th :; t--- Avenue and NW 9th Street. ,~ï=U:=¡:=11 ",111 LJ I 'H-1~ I if 1 Property Size.............................. 3.4 Acres (Cornell Park) E . _~ ¡ II !- Future Land Use Map................ LD (Low Density Residential) l \l H L-J _. : _ ~ ~ ..... . "on . Proposed FLUM.......................... OS (Open Space) ~ W~" Current ZOning............................ R-1-AAA-B w. CIT1f II r I ~ Proposed Zoning........................ OSR (Open Space and Recreation) W \ J.J) I_-if Adjacent Zoning...... ..........North: R-1-AAA-B (Single Family) ~AOO~)- - . - = ~ L- East: R-1-M (Single Family) - I I ~'- = ~ - South: R-1M (Single Family) -' r-~t::::: ( I = West: R-1-AAA-B (Single Family) 12' I Æ' I _.1 Existing Land Use...................... Vacant 'II ~ ~ I - Water Service............................. Availabl~ in NW 9th Street and I ~ I I I lìY T I ""I- inNW4 Avenue ,~~80YSCOUT N COAl . HUT Sewer Service............................. Available in NW 9th Street n ~ - CENTER r f'--..... l A T _ 0 A R 0 A 0 IV.D. --------~ I ITEM BEFORE THE BOARD I The action before the Board is making a recommendation to the City Commission on a City initiated Small-scale Future Land Use Map (FLUM) amendment from LD (Low Density Residential) to OS (Open Space) and rezoning from R-1-AAA-B (Single Family Residential~ to OSR (Open Space and Recreation) for Cornell Park located the northeast corner of NW 4t Avenue and NW 9th Street. 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. I BACKGROUND I The proposed FLUM amendment and rezoning involves one property totaling 3.4 acres. The property is located at the northeast corner of NW 9th Street and NW 4th Avenue. The property consist of the southwest % of Lot 9 being a subdivision of Section 8, Township 46 South, Range 43 East, (less the east 25 feet for road right of way, also less the south 25 feet for road right of way and less the east 170 feet thereof more or less. The property has had a low density residential land use map designation and single family zoning designation for more than 40 years. The property was in private ownership until early 2000 when it was donated to the City for the expressed purpose of providing a neighborhood park for the community. The proposed land use and zoning changes are necessary to accomplish this purpose. I FUTURE LAND USE MAP AMENDMENT ANA LYSIS I 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 activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: a The amendment does not exceed 10 acres of land; a 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; a 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; a That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre; P & Z Board Staff Report Cornell Park - FLUM Amendment and Rezoning Page 2 0 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, 0 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 3.4 acre area, thus the total area is less than the 10 acre maximum. The proposed amendment to OS (Open Space) 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 total 4.6 (1.4 +3.4 acres) which 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 R-1-AAA-B zoning designation and LD (Low Density Residential) Future Land Use Map designation does not allow the proposed park use. The Future Land Use Map amendment and rezoning is being sought to accommodate the future development of the site. REQUIRED FINDINGS: Future Land Use Element Policy A-i. 7: Amendments to the Future Land Use Map must be based upon the following findings: 0 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 proposed open space designation does not require submittal of supporting data and analysis. However, it is noted the requested change is to accommodate the placement a park consistent with the adopted Parks and Recreation Master Plan and the desires of the family which donated the property. The current zoning and land use designation will not allow the anticipated use as will the changes being sought. P & Z Board Staff Report Cornell Park - FLUM Amendment and Rezoning Page 3 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 OS will be consistent with the adopted Parks and Recreation Master Plan and the related Open Space and Recreation Element Comprehensive Plan Policy A 2.14. D Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposed rezoning and FLUM change will place the property in and open space category rather than the current residential category. This will result in a reduction in intensity therefore concurrency can be met and is not an issue. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The requested designation of OS will be consistent with adjacent land use designations to the east and south, and will accommodate the proposed use of the property. Since the proposed park will primarily serve the recreation needs for the immediate neighborhood compatibility does not appear to be an issue. D Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. The subject property will be developed as a park and will be reviewed for compliance with the LOR during the related site plan approval process. No problems are anticipated in meeting the LOR requirements. A review of the applicable Comprehensive Plan Policies was undertaken and the following applicable policy was identified. Open Space and Recreation Element Policy A2.14 - All planning for parks and recreational facilities shall be in accordance with the adopted City of Delray Beach Parks and Recreation Master Plan The proposed FLUM amendment is consistent with this policy and will be of similar intensity as those allowed under the existing land uses designation. I ZONING ANALYSIS I 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 P & Z Board Staff Report Cornell Park - FLUM Amendment and Rezoning Page 4 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 performance 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 are zoned R-1- AAA-B (Single Family Residential) to the north and west and R-1AA to the south and east. The City-initiated rezoning request is to a designation identified in the above policy, and therefore meets the intent of this regulation. (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 residential zoning districts. The proposed changes will allow the site to be developed into a neighborhood park to serve this immediate neighborhood as such should not be incompatible. (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 have a similar design and intensity of the adjacent properties. P & Z Board Staff Report Cornell Park - FLUM Amendment and Rezoning Page 5 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 andlor neighborhood. The reason for the rezoning is lib" and "c". The change in circumstance is the recent donation of the land to the City for the expressed purpose of establishing a neighborhood park. The proposed land use changes and zoning change are necessary to accomplish that goal. Further, the zoning designation of open space and recreation is of similar intensity (if not less) and more appropriate for the property to accommodate the envisioned development of the parcel to benefit the community. I REVIEW BY OTHERS I The development proposal is not located within the geographical area requiring review by the CRA (Community Redevelopment Agency). Courtesy Notices: A special courtesy notice was provided to the following Homeowners and Civic Associations: · Lake Ida HOA · 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. P & Z Board Staff Report Cornell Park - FLUM Amendment and Rezoning Page 6 I ASSESSMENT AND CONCLUSION I The existing FLUM designation of LD (Low Density Residential) and zoning of R-1-AAA-B are inappropriate for the site in light of the donated purpose of the property. The FLUM amendment and rezoning will allow the development of the parcel as a neighborhood park. As this is intended use of the property envisioned by the City and the immediate neighborhood it appears appropriate to approve these changes. 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. I ALTERNATIVE ACTIONS I A. Continue with direction. B. Move a recommendation of approval to the City Commission for the Future Land Use Map amendment from LD to OS and rezoning from R-1-AAA-B to OSR for Cornell Park 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 Future Land Use Map amendment from LD to OS and rezoning from R-1-AAA-B to OSR for Cornell Park 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. I STAFF RECOMMENDATION I Move a recommendation of approval to the City Commission for the Future Land Use Map amendment from LD to OS and rezoning from R-1-AAA-B to OSR for Cornell Park 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: Location map · ~ , I I 1 T 1 ) I bi~ l II I I if N W 12TH STREET -<, I N.E. 13TH ST. ~ ~ìV- rè( "'-..~ T. N.W. 12TH ST ~ ~ ~ ~ _ I I r- - N.E. 12TH ST. - w === ~ ~~ - ~ I I iT ~~ III :0 :0 it::: ç ~ z;>< "'r __ N W 111H ;T. N E. 11TH ST. .. I I I I ]]] -. ::i. - ~ ~ - === z z - \ ~ ~ N.E. 10TH ST. ~ z ~ W HIBISC SLANE '\\ I ~ ~ _ \j '--- W I--- > - I ~ ~ ~~~ N.W. 91H ST. E[j O w w . > > w r //" « « ?,( ,/ -- - . I ~ e _ wNW 8TH ST. GEORGE BUSH BLVD -- :0 "<I- n ~ ?,( ~ . I f---- _-N I-- I ~ ~ ~ , z z ¡ ¡ z ~ _ N W : I ! ß9j7TH > II ST.! tUrn -'- N.E. 71H Sf I II « ~ t- f-- GARDENIA TH R '. "V \ z ~ '\ "<l- I ',j'~ ~~ .........../" LAKE TERR N W 6TH ST - 1:0 4// ----- --I ~ ~ .! I T T . NE. 6TH ST I ......... ~ <;) - r------~ ELDORA 'O IANF W - ~5 ¡ ~O'?' -~T J ~ tV' I ->- ! <:> T ~ « ---'. 0' " - >- ~~ - . I f--- ~ _ - x <V~./ :;¡: - ~ 5 _ _ It- SUNSHINE DRIVE . Y ~ - - WOOD LANE r ;z z ~ i'-/ \ ~ ~<;) ?£ 1-~::: KINGS LYNN ;_1 I fJ) ,J..Ç~ z E ~ ENFI ':LD ~ 4:: ~<v l-l It;'o BEVEïOR ~ 0 ~KOY SCOUT TRINITY N.E. 5TH ST. HUT LUrnERAN COMM - CHILD II CARE - CENTER ~ L A K E t D A R 0 A D N CORNELL PARK CITY OF DELRAY BEACH. FL PLANNING'" ZONING DEPARTMENT - - DiGITAL BASE AlA? SYSTEM - - MAP REF. LM848 ORDINANCE NO. 44-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM LD (LOW DENSITY RESIDENTIAL 0-5 DUlAC) TO OS (OPEN SPACE); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED R-1-AAA-B (SINGLE FAMIL Y RESIDENTIAL) TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED AT THE NORTHEAST CORNER OF NW 9TH STREET AND NW 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, is the fee simple owner of a 3.4 acre parcel of land located at the northeast corner of NW 9th Street and NW 4th Avenue; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation of LD (Low Density Residential 0-5 du/ac); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from LD (Low Density Residential 0-5 du/ac) to OS (Open Space); 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 R-1-AAA-B (Single Family Residential) District; and WHEREAS, at its meeting of June 20, 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 7 to 0 to recommend that the property hereinafter described be rezoned, 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 CITY COMMISSION OF THE CITY OF DELRAY 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 affixed as OS (Open Space). 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 OSR (Open Space and Recreation) District for the following described property: The Southwest one-quarter (SW '!4) of Lot 9, Subdivision of Section 8, Township 46 South, Range 43 East, less the West 25 feet thereof for road right-of-way, also less the South 25 feet for road right-of-way and less the East 170 feet thereof more of less. 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. 2 ORD NO. 44-05 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. 44-05 e-c i C4Aò(~ CITY OF DELRAY BEACH NOTICE OF PROPOSED LAND USE CHANGE AND REZONING The City Commission will conduct a Public Hearing on TUESDAY. JULY 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: ORDINANCE NO. 44-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DElRAY I BEACH, flORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNÀ- is <> S» TION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM LD (lOW ::> CD DENSITY RESIDENTIAL 0-5 DU/ AC) TO OS (OPEN SPACE); ELEŒNG ~ ¡., 0 TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR 3 . SMAll SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND g' <> PLACING LAND PRESENfiY ZONED R-1-AAA-B (SINGLE FAMilY RESI- S» DENTIAl) TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID ~ ë:!. LAND BEING A PARCEl OF LAND lOCATED AT THE NORTHEAST COR- e !!. NER OF NW 9TH STREET AND NW .4TH AVENUE, AS MORE PARTlCU- i LARlY DESCRIBED HEREIN; AMENDING °ZONING MAP OF DElRAY "" CD {!¡ BEACH, FLORIDA, APRil 20050; PROVIDING A GENERAL REPEALER ;r :z CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. CD :IE en I :t' All interested citizens are invited to attend the public hearing and comment s: ..., upon the Future land Use Map amendment and rezoning or submit their I~ <... c comments in writing on or before the date of this hearing to the Planning .::ë !» and Zoning Department. For further information or to obtain copies of the N 0 0 proposed amendment, please contact the Planning and Zoning (J1 Department, 100 N.W. 1st Avenue, Delray Béach, Florida 33444 (email cø at pzmail@mydelrqybeach.com), phone (561 )2.43-70.40, 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 RESPECTì0 ANY MAT- TER CONSIDERED AT THIS HEARING, SUCH PERSON Will NEED A VER- BATIM RECORD OF THE PROCEEDINGS, AND FOR THIS PURPOSE SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. THE CITY DOES NOT PROVIDE OR PREPARE SSUCH RECORD PURSUANT TO F.S. 286.01 05. CITY OF DElRAY BEACH Chevell~ D. Nubin City Clerk PUBUSH: Friday, Ju1y 8, 2005 ' þC; BOCA RATON/DElRAY BEACH NEWS AD# NS070510 ,d ·....frl£.l...s:I:.¡;.....A:s.Jì,~~ ~_'. ~._i.!....I!'..."..IIII.._.....~'"