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Ord 38-01ORDINANCE NO. 38-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY) TO CF (COMMUNITY FACILITIES) ZONING DISTRICT, SAID LAND BEING A PARCEL OF LAND LOCATED SOUTH OF EAST ATLANTIC AVENUE EXTENDING WEST OF GLEASON STREET AND EAST OF BRONSON AVENUE AND CONTAINING 3.5 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2001"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated January, 2001, as being zoned RM (Multiple Family Residential- Medium Density District; and WHEREAS, at its meeting of June 18, 2001, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, 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 I. 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 CF (Community Facilities) District for the following described property: Lots 9, 10, 11 and 12, Block 4, less the West 20 feet thereof; Lots 9 through 22, inclusive, Block 3; the South half of Lot 23, Block 3; the South half of Lot 7, less the East 10 feet thereof, Block 2; Lots 8 and 9, less the East 10 feet thereof, Block 2; Lots 10 through 15, inclusive, Block 2, all in Ocean Park, according to the Plat thereof recorded in Plat Book 5, Page 15, of the Public Records of Palm Beach County, Florida. And That part of the right-of-way for Palm Avenue, abandoned by Resolutions recorded in Official Record Book 454, Page 457 and in Official Record Book 2382, Page 1636 of the Public Records of Palm Beach County, Florida. And All that portion of the South half of Ocean Beach Lot 19 and the North half of Ocean Beach Lot 20, lying between the center line of Brondson Avenue and a line parallel to and 145 feet west of said center line of Brondson Avenue, less right-of-way of Brondson Avenue, subdivision of East half of Section 16, Township 46 South, Range 43 East, according to Plat Book 1, Page 25 (said Brondson Avenue being also known as Bronson Avenue). And Lot 6, Block C, John B. Reid's Village, Delray Beach, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida in Plat Book 21, Page 95. And The North half of Lot 23, all of Lot 24, the South 12 inches of Lots 1 and 2, and the South 12 inches of the East 25 feet of Lot 3, in Block 3, Ocean Park, a subdivision in the City of Delray Beach, Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 5, Page 15. And The north half of the following described parcel: That portion of the South half of Ocean Beach Lot 19 and the North half of Ocean Beach Lot 20, in the City of Delray Beach, lying between a line 100 feet East of and parallel to the centerline of the right-of-way of Brondson Avenue on the East and the centerline of the right-of-way of Brondson Avenue on the West in accordance to the Plat thereof recorded in Plat Book 1, Page 25, Public Records of Palm Beach County, Florida. Subject to right- of-way as recorded in Deed Book 554, page 221 of the Public Records of Palm Beach County, Florida. And The South half of: That portion of the South half of Ocean Beach Lot 19, and the North half of Ocean Beach Lot 20, in Delray Beach, lying between a line 100 feet East of and parallel to the centerline of right-of-way of Brondson Avenue on the East and the center line of right-of-way of Brondson on the West in accordance to the Plat thereof recorded in Plat Book 1 Page 25, Public Records of Palm Beach County, Florida. Subject to right of-way as recorded in Deed Book 554, Page 221 of the Public Records of Palm Beach County, Florida. And That portion of the abandoned road right-of-way for Bronson Avenue lying West of and adjacent to the South half of Lot 7, and Lots 8 through 15, Block 2, Ocean Park, according to the Plat thereof as recorded in Plat Book 5, Page 15, Public Records of Palm Beach County, Florida, and that portion of 2 ORD NO. 38-01 the abandoned road right-of-way for Bronson Avenue as dedicated by Deed Book 554, Pages 221- 223, Public Records of Palm Beach County, Florida, and the South 10 feet of the North half (N 1/2) Ocean Lot 20, according to the Plat thereof as recorded in Plat Book 1, Page 25, Public Records of Palm Beach County, Florida, lying south of and adjacent to that portion of the 20 foot right of way dedicated by Deed Book 554, Pages 221-223, Public Records of Palm Beach County, Florida. And All of the North 55 feet of the West 135 feet of the South one-half of Ocean Beach Lot 19, City of Delray Beach, Plat of the Fractional East one half of Section 16, Township 46 South, Range 43 East, as recorded in Plat Book 1, Page 25 of the Public Records of Palm Beach County, Florida. (Note: Brondson Avenue being also known as Bronson Avenue). Section 2. 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 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. 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 5. reading. That this ordinance shall become effective immediately upon passage on second and final PA-tSSED AND ADOPTED in day o~,. ,2001. ATTEST Acting City Clerk First Reading 7// Second Reading regular session on second and final reading on this the ,~,~,'/'~ MAYOR 3 ORD NO. 38-01 TO: THRU: FROM: SUBJECT: UL~D~~A~x~ITY MANAGER ORL~CTOR OF PLANNING AND ZONING /AsMI~ALLEN,~PLANNER ' MEETING OF JULY 10, 2001 ZONING CHANGE FROM RM (MEDIUM DENSITY RESIDENTIAL) TO CF (COMMUNITY FACILITIES) FOR THE FIRST PRESBYTERIAN CHURCH AND FISLER PROPERTY LOCATED ON GLEASON STREET, SOUTH OF EAST ATLANTIC AVENUE The First Presbyterian Church was originally founded in 1924 and was the first church to be built east of the Intracoastal Waterway. The original structure (which was designated to the Local Register of Historic Places by the City Commission on November 16, 1999) remained the Presbyterian sanctuary until their new church was constructed in 1977 at 33 Gleason Street, just to the west of the original building. After the construction of the new sanctuary, the original building became the congregation Fellowship Hall. At its meeting of May 15, 2001, the City Commission approved the abandonment of that portion of Bronson Avenue lying adjacent the church. The vacated right-of-way has been incorporated within the church's campus. Within the last decade additional properties have been acquired and today the First Presbyterian Church campus incorporates 3.3 acres. The rezoning request incorporates the 3.3 acre church property and an existing residential parcel referred to the "Fisler Property" located at 37 Gleason Street. This property is currently under contract to be purchased by the church. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of June 18, 2001, the Planning and Zoning Board held a public hearing in conjunction with the request. After reviewing the staff report and discussing the proposal, the Board voted 4-0 to recommend that the request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. By motion, approve on first reading the ordinance for a zoning designation change from RM (Medium Density Residential) to CF (Community Facilities) based on positive findings with respect to Chapter 3 (Performance Standards), LDR Sections 2.4.5(D)(5), and policies of the Comprehensive Plan. Attachments: P & Z Staff Report of June 18, 2001 Ordinance No. 38-01 ORDINANCE NO. 38-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY) TO CF (COMMUNITY FACILITIES) ZONING DISTRICT, SAID LAND BEING A PARCEL OF LAND LOCATED SOUTH OF EAST ATLANTIC AVENUE AND EXTENDS WEST OF GLEASON STREET AND EAST OF BRONSON AVENUE AND CONTAINS 3.5 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2001"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated January, 2001, as being zoned RM (Multiple Family Residential- Medium Density District; and WHEREAS, at its meeting of June 18, 2001, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, 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 Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for the following described property: Lots 9, 10, 11 and 12, Block 4, less the West 20 feet thereof; Lots 9 through 22, inclusive, Block 3; the South half of Lot 23, Block 3; the South half of Lot 7, less the East 10 feet thereof, Block 2; Lots 8 and 9, less the East 10 feet thereof, Block 2; Lots 10 through 15, inclusive, Block 2, all in Ocean Park, according to the Plat thereof recorded in Plat Book 5, Page 15, of the Public Records of Palm Beach County, Florida. And That part of the right-of-way for Palm Avenue, abandoned by Resolutions recorded in Official Record Book 454, Page 457 and in Official Record Book 2382, Page 1636 of the Public Records of Palm Beach County, Florida. And All that portion of the South half of Ocean Beach Lot 19 and the North half of Ocean Beach Lot 20, lying between the center line of Brondson Avenue and a line parallel to and 145 feet west of said center line of Brondson Avenue, less right-of-way of Brondson Avenue, subdivision of East half of Section 16, Township 46 South, Range 43 East, according to Plat Book 1, Page 25 (said Brondson Avenue being also known as Bronson Avenue). And Lot 6, Block C, John B. Reid's Village, Delray Beach, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida in Plat Book 2 l, Page 95. And The North half of Lot 23, all of Lot 24, the South 12 inches of Lots I and 2, and the South 12 inches of the East 25 feet of Lot 3, in Block 3, Ocean Park, a subdivision in the City of Delray Beach, Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 5, Page 15. And The north half of the following described parcel: That portion of the South half of Ocean Beach Lot 19 and the North half of Ocean Beach Lot 20, in the City of Delray Beach, lying between a line 100 feet East of and parallel to the centerline of the right-of-way of Brondson Avenue on the East and the centerline of the right-of-way of Brondson Avenue on the West in accordance to the Plat thereof recorded in Plat Book 1, Page 25, Public Records of Palm Beach County, Florida. Subject to right- of-way as recorded in Deed Book 554, page 221 of the Public Records of Palm Beach County, Florida. And The South half off That portion of the South half of Ocean Beach Lot 19, and the North half of Ocean Beach Lot 20, in Delray Beach, lying between a line 100 feet East of and parallel to the centerline of right-of-way of Brondson Avenue on the East and the center line of right-of-way of Brondson on the West in accordance to the Plat thereof recorded in Plat Book 1 Page 25, Public Records of Palm Beach County, Florida. Subject to right of-way as recorded in Deed Book 554, Page 221 of the Public Records of Palm Beach County, Florida. And That portion of the abandoned road right-of-way for Bronson Avenue lying West of and adjacent to the South half of Lot 7, and Lots 8 through 15, Block 2, Ocean Park, according to the Plat thereof as 2 ORD NO. 38-01 recorded in Plat Book 5, Page 15, Public Records of Palm Beach County, Florida, and that portion of the abandoned road right-of-way for Bronson Avenue as dedicated by Deed Book 554, Pages 221- 223, Public Records of Palm Beach County, Florida, and the South 10 feet of the North half (N 1/2) Ocean Lot 20, according to the Plat thereof as recorded in Plat Book 1, Page 25, Public Records of Palm Beach County, Florida, lying south of and adjacent to that portion of the 20 foot right of way dedicated by Deed Book 554, Pages 221-223, Public Records of Palm Beach County, Florida. And All of the North 55 feet of the West 135 feet of the South one-half of Ocean Beach Lot 19, City of Delray Beach, Plat of the Fractional East one half of Section 16, Township 46 South, Range 43 East, as recorded in Plat Book 1, Page 25 of the Public Records of Palm Beach County, Florida. (Note: Brondson Avenue being also known as Bronson Avenue). Section 2. 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 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. 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 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ., 2001. ATTEST M A Y O R Acting City Clerk First Reading Second Reading 3 ORD NO. 38-01 'PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: June 18, 2001 IV.A. Rezoning From RM (Multiple Family Residential-Medium Density) to CF (Community Facilities) Zoning District for the First Presbyterian Church and Fisler Property, Located on Gleason Street, South of Atlantic Avenue. GENERAL DATA: Owners ............................. First Presbyterian Church of Delray & George & Lorraine A. Fisler Applicant/Agent ............... Robed H. Rex, Esq. Location ......................... On Gleason Street, south of East Atlantic Avenue Property Size .................. 3.5 Acres Future Land Use Map .....Medium Density (5-12 units/acre) Current Zoning ................ RM (Multiple Family Residential- Medium Density) Proposed Zoning ............. CF (Community Facilities) Adjacent Zoning .... North: CBD (Central Business District) & RM East: RM South: R-1-A (Single Family Residential) & RM West: CBD & RM Existing Land Use ........... First Presbyterian Church. Proposed Land Use ........ Water Service ................. Sewer Service ................. Fellowship Hall, Church Parking Lot, and two detached residential units (Fisler property). Rezoning to a more appropriate Zoning ,....,~=~lg, Ex~sting on Site. Existing on Site. --~ BERKSHIRE J~Y SmEET MAN~ HOUSE ~ CONDO I. ~ ISPANISH ~ DELRA~EACHI ATLANTIC AVENUE DOVER HOUSE CONDO OCEAN PLACE CONDO The item before the Board is that of making a recommendation to the City Commission on a rezoning from RM (Medium Density Residential) to CF (Community Facilities) for the First Presbyterian Church and the Fisler Property. The subject property is located south of East Atlantic Avenue and extends west of Gleason Street and east of Bronson Avenue and contains 3.5 acres The First Presbyterian Church was originally founded in 1924 with the construction of the Mediterranean Revival architectural style building in 1924 and was the first church to be built east of the Intracoastal Waterway. Located at 36 Bronson Avenue one block south of East Atlantic Avenue, the structure was originally the sanctuary for the congregation known as the Gibson Memorial Baptist Church. It was later purchased by the Presbyterian congregation and was renamed the Community Presbyterian Church. The original structure remained the Presbyterian sanctuary until their new church was constructed in 1977 at 33 Gleason Street, just to the west of the original building. After the construction of the new sanctuary, the original building became the congregation Fellowship Hall. Today, the First Presbyterian Church campus includes several lots, Lot 6, Block C, John B. Reid's Village which is located on the west side of Gleason Street and contains a paved parking lot. The existing sanctuary, fellowship hall, christian education building, a 2 story accessory building, a Columbium & memorial garden and a 52-space parking lot occupy that portion of the campus located between Gleason Street and Bronson Avenue situated on Lots 9 through 12, Block 4; Lots 9 through 24 Block 3, Ocean Park Subdivision; and, a portion of Ocean Beach Lots 19 and 20. The remaining portion of the church campus is located on the east side of Bronson Avenue and includes a paved parking lot and two residential structures (one being the caretaker's residence and the other accommodating meeting rooms for organizations such as the Boy Scouts). Recent approvals included the designation of the Fellowship Hall and the adjacent garden (on the north side of the fellowship hall) to the Local Register of Historic Places by the City Commission at its meeting of November 16, 1999. Other minor site improvements that have been approved administratively include the addition of playground equipment, expansion of the courtyard area, and installation of planters and decorative walls. The rezoning request incorporates the 3.3 acre church property and an existing residential parcel referred to the "Fisler Property" located at 37 Gleason Street. P&Z Board Staff Report Rezoning from RM to CF for the First Presbyterian Church and Fisler Property Page 2 This property is currently under contract to be purchased by the church. The church has been in continuous operation for nearly 80 years on the property. During the past ten years adjacent tracts have been purchased as the operations of the Church have expanded. As the church campus continues to expand it is appropriate that all the properties be rezoned to CF. 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: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of Medium Density Residential and is currently zoned RM (Medium Density Residential). Pursuant to LDR Section 4.4.21(A) The Community Facilities (CF) district is a special purpose zone district primarily, but not exclusively, intended for locations at which facilities are provided to serve public, semi-public and private purposes. The proposed CF (Community Facilities) zoning designation is deemed consistent with all Future Land Use Map designations. Pursuant to LDR Section 4.4.21(B)(5) within the CF zone district religious uses such as churches and places of worship and attendant uses of day care, pre-school, educational facilities, and with other normal educational (Sunday school) and recreational facilities, and support facilities (e.g. parsonage) are permitted uses. The proposed CF zoning classification more accurately reflects the existing use of the property. Thus, based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered P&Z Board Staff Report Rezoning from RM to CF for the First Presbyterian Church and Fisler Property Page 3 with respect to the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. As there is no proposal to modify the existing land use on the property the establishment of the CF zone district will not technically modify the original findings. It is noted that uses allowed under the CF zoning designation characteristically have less impact on concurrency than other zoning designations consistent with the underlying Medium Density Residential designation. Positive findings with respect to Concurrency can be made. Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. A review of the adopted Comprehensive Plan was conducted and the following policies were found with regard to rezoning. Policy A-4.1 , Land Use Element states" Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines" On June 6, 2001, the Historic Preservation Board reviewed the request and recommended approval of the rezoning. Policy C-3.2 Coastal Management Element "There shall be no change in the intensity of land use within the barrier island and all infill development which does occur shall connect to the City's storm water management system and sanitary sewer system" The proposed rezoning will not change the intensity of land uses as there are no changes proposed in the current operations of the existing church facilities. While there will be a change in the use of the Fisler Property which currently accommodates two residential units and a office an increase in intensity is not anticipated at this time as there are no specified development proposal for the site. Consistency findings with respect to future improvements will be made at the time of development review. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. Compatibility is discussed below under the Standards for Rezoning. P&Z Board Staff Report Rezoning from RM to CF for the First Presbyterian Church and Fisler Property Page 4 Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. The site is developed and includes a church with attendant fellowship hall, education facility and other accessory facilities. The property which is being acquired by the church is also improved and contains two residential structures. Within the CF zone district, a-perimeter setback of 10 feet is required. The existing church, education building, the Fisler residential buildings and the other accessory buildings along the north and east property lines are currently non- conforming with respect to the required side and rear yard setbacks and will remain non-conforming under the proposed CF zone district. Additionally, LDR Section 4.4.21(G)(2) requires that when the CF zone district is adjacent to residential zoning, the perimeter landscaping should be increased to a depth of 15 feet (15') or, as an alternative, either a wall, decorative fencing, or hedging should be installed for aesthetic and buffer purposes. The east, south and west perimeters abut residential zoning. While there are some types of buffer treatment along these perimeters they are not uniform and include of a mix of shadow box fencing, chain link fencing and hedges. Appropriate buffer treatment will be required with the change in use of the Fisler Property and any significant site improvement on the existing church's campus. Section 3.2.1 (Basis for Determining Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoning Actions): Standards B, C and E are not applicable with respect to the proposed rezoning. The applicable performance standard of Section 3.3.2 is 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. P&Z Board Staff Report Rezoning from RM to CF for the First Presbyterian Church and Fisler Property Page 5 The subject site is located within an area designated as "Stable" on the Residential Neighborhood Categorization Map. The requested designation is to a CF designation which is deemed acceptable for stable neighborhood areas. With the adoption of the LDR and city wide rezoning this property should have been rezoned to CF to reflect the existing uses. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The property is surrounded by the following zoning districts: to the north and west is zoned RM and CBD (Central Business District); to the east is zoned RM (Medium Density Residential) and to the south is RM and R-1-A (Single Family Residential). The existing land uses are: retail/restaurants to the north; single family and multi-family residences to the east and south; and multiple family residences and retail to the west. The existing use is compatible with these uses and has co-existed with the neighborhood for many years. With respect to the Fisler Property, compatibility will be enhanced through specific regulations which apply to the CF zoning district which, requires increased landscape perimeter buffer treatment. Section 2.4.5(D)(5) (Rezoning Findings): 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: ag That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; 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 applicant has submitted the following statement indicating the reasons for which the rezoning is being sought based on "b" above: When the present zoning laws were enacted in the early 1990's, the Church property located at 33 Gleason had already been in operation for nearly 70 years. At that time, the property was zoned RM Mu/ti-Family Residential (Medium P&Z Board Staff Report Rezoning from RM to CF for the First Presbyterian Church and Fisler Property Page 6 Density). Since that time, several tracts adjacent to the Church property have been acquired and made a part of the Church campus. The RM zoning is inappropriate and the property should be zoned CF (Community Facilities). The Fisler property located at 37 Gleason, and immediately adjacent to the south of the main Church entrance, is under contract for sale to the Church, contingent upon this rezoning application. It is currently zoned RM. As a part of the Church campus, this property should be changed to CF. The basis for which the rezoning should be granted relates to both a and b in that when the current zoning map was adopted in September 1990, the church properties were somehow not changed to CF at the time, while most other churches were changed to CF zoning. Since the church is in the process of expanding its campus it is appropriate that a CF zoning classification be assigned to both the existing campus and to the parcel being acquired. The development proposal is not located within the geographical area requiring review by the DDA (Downtown Development Authority). Historic Preservation Board The Historic Preservation Board reviewed the request at its meeting of June 6, 2001, and recommended approval. Community Redevelopment Agency This item is scheduled for the June 14, 2001, CRA meeting. Their recommendation will be provided at the Planning and Zoning Board meeting. Courtesy Notices: A special courtesy notice was provided to PROD, the President's Council and the following homeowners associations: · Beach Property Homeowners Association · Seagate Towers · Via Marina · Miramar Gardens 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 Rezoning from RM to CF for the First Presbyterian Church and Fisler Property Page 7 During the rezoning associated with the adoption of the LDR's other churches and similar facilities were given CF zoning designations. Similarly, the existing church campus at that time should have been given a CF designation to reflect the existing use. The RM designation is only appropriate for small churches or single purpose structures and not for large multipurpose churches. As the church is in the process of exp~anding its campus it is appropriate to rezone the properties to CF. Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan for the proposed rezoning of the subject property. Therefore this rezoning can be recommended for approval based on the findings outlined in this report. A. Continue with direction. Recommend to the City Commission rezoning of the subject property from RM (Medium Density Residential) to CF (Community Facilities), based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. C. Recommend to the City Commission denial of the rezoning, based on a failure to make positive findings with respect to LDR Section 2.4.5(D)(5). Recommend to the City Commission rezoning of the subject property from RM (Medium Density Residential) to CF (Community Facilities), based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: Zoning Map Survey WIND BEA CH BERKSHIRE RM BY THE GROSVENOR VETERANS PARK DELRA Y SUI~IMI T CONDO GROVE CONDO MANOR HOUSE lC BARR TERRA CE CONDO WA TERWA Y EAST COMMERCIAL CONDO SPANISH RI VER RESORT DELRA Y MA RRIO TT AVENUE S E 2N0 ST BAR C OND 0 MIRAMAR INGRAHAM STREET DOVER HOUSE CONDO OCEAN PLACE CONDO JARDIN DEL MAR CONDO OCEAN 'TERR CF SEA GA TE TO WERS S.E 3RD ST ~NDEMERE STREET N CITY OF DELRAY BEACH, FL PLANNING & ZONINGDEPARTMENT FIRST PRESBYTERIAN CHURCH OF DELRAY - REZONING - FROM: RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY) TO: CF (COMMUNITY FACILITIES) --- DIGIT~ ~ M,4P SX~T~ -- MAP REF LM.380 107 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM /tO ~ - REGULAR MEETING IULY 24, 2001 ORDINANCE NO. 38-01 (REZONING THE FIRST PRESBYTERIAN CHURCH AND FISLER PROPERTY LOCATED ON GLEASON STREET, SOUTH OF ATLANTIC AVENUE) DATE: JULY 20, 2001 This is second reading and a quasi-judicial public hearing for Ordinance No. 38-01 which rezones from RM (Medium Density Residential) to CF (Community Facilities) for the First Presbyterian Church and the abutting Fisler Property located on Gleason Street south of East Atlantic Avenue. On June 18, 2001, the Hanning and Zoning Board held a public hearing in conjunction with the request. After reviewing the staff report and discussing the proposal, the Board voted 4-0 to recommend that the request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development regulations, and policies of the Comprehensive Plan. At first reading on July 10th, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 38-01 on second and final reading, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(12))(5). Ref:Agmemo21.Ord.38-01.Rezoning. FirstPresbyterianChurch.07.24.01 ORDINANCE NO. 3 8-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY) TO CF (COMMUNITY FACILITIES) ZONING DISTRICT, SAID LAND BEING A PARCEL OF LAND LOCATED SOUTH OF EAST ATLANTIC AVENUE EXTENDING WEST OF GLEASON STREET AND EAST OF BRONSON AVENUE AND CONTAINING 3.5 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2001"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated January, 2001, as being zoned RM (Multiple Family Residential- Medium Density District; and WHEREAS, at its meeting of June 18, 2001, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, 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 Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for the following described property: Lots 9, 10, 11 and 12, Block 4, less the West 20 feet thereof; Lots 9 through 22, inclusive, Block 3; the South half of Lot 23, Block 3; the South half of Lot 7, less the East 10 feet thereof, Block 2; Lots 8 and 9, less the East 10 feet thereof, Block 2; Lots 10 through 15, inclusive, Block 2, all in Ocean Park, according to the Plat thereof recorded in Plat Book 5, Page 15, of the Public Records of Palm Beach County, Florida. And That part of the right-of-way for Palm Avenue, abandoned by Resolutions recorded in Official Record Book 454, Page 457 and in Official Record Book 2382, Page 1636 of the Public Records of Palm Beach County, Florida. And All that portion of the South half of Ocean Beach Lot 19 and the North half of Ocean Beach Lot 20, lying between the center line of Brondson Avenue and a line parallel to and 145 feet west of said center line of Brondson Avenue, less right-of-way of Brondson Avenue, subdivision of East half of Section 16, Township 46 South, Range 43 East, according to Plat Book 1, Page 25 (said Brondson Avenue being also known as Bronson Avenue). And Lot 6, Block C, John B. Reid's Village, Delray Beach, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida in Plat Book 21, Page 95. And The North half of Lot 23, all of Lot 24, the South 12 inches of Lots 1 and 2, and the South 12 inches of the East 25 feet of Lot 3, in Block 3, Ocean Park, a subdivision in the City of Delray Beach, Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 5, Page 15. And The north half of the following described parcel: That portion of the South half of Ocean Beach Lot 19 and the North half of Ocean Beach Lot 20, in the City of Delray Beach, lying between a line 100 feet East of and parallel to the centerline of the right-of-way of Brondson Avenue on the East and the centerline of the right-of-way of Brondson Avenue on the West in accordance to the Plat thereof recorded in Plat Book 1, Page 25, Public Records of Palm Beach County, Florida. Subject to right- of-way as recorded in Deed Book 554, page 221 of the Public Records of Palm Beach County, Florida. And The South half of: That portion of the South half of Ocean Beach Lot 19, and the North half of Ocean Beach Lot 20, in Delray Beach, lying between a line 100 feet East of and parallel to the centerline of fight-of-way of Brondson Avenue on the East and the center line of right-of-way of Brondson on the West in accordance to the Plat thereof recorded in Plat Book 1 Page 25, Public Records of Palm Beach County, Florida. Subject to right of-way as recorded in Deed Book 554, Page 221 of the Public Records of Palm Beach County, Florida. And That portion of the abandoned road right-of-way for Bronson Avenue lying West of and adjacent to the South half of Lot 7, and Lots 8 through 15, Block 2, Ocean Park, according to the Plat thereof as 2 ORD NO. 38-01 recorded in Plat Book 5, Page 15, Public Records of Palm Beach County, Florida, and that portion of the abandoned road right-of-way for Bronson Avenue as dedicated by Deed Book 554, Pages 221- 223, Public Records of Palm Beach County, Florida, and the South 10 feet of the North half (N 1/2) Ocean Lot 20, according to the Plat thereof as recorded in Plat Book 1, Page 25, Public Records of Palm Beach County, Florida, lying south of and adjacent to that portion of the 20 foot right of way dedicated by Deed Book 554, Pages 221-223, Public Records of Palm Beach County, Florida. And All of the North 55 feet of the West 135 feet of the South one-half of Ocean Beach Lot 19, City of Delray Beach, Plat of the Fractional East one half of Section 16, Township 46 South, Range 43 East, as recorded in Plat Book 1, Page 25 of the Public Records of Palm Beach County, Florida. (Note: Brondson Avenue being also known as Bronson Avenue). Section 2. 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 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. 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 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ., 2001. ATTEST M A Y O R Acting City Clerk First Reading Second Reading 3 ORD NO. 38-01 TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION ~, C, ITY MANAGER OF PLANNING AND ZONING ZONING CHANGE FROM RM (MEDIUM DENSITY RESIDENTIAL) TO CF (COMMUNITY FACILITIES) FOR THE FIRST PRESBYTERIAN CHURCH AND FISLER PROPERTY LOCATED ON GLEASON STREET~ SOUTH OF EAST ATLANTIC AVENUE BACKGROUND · ~ ',, The First Presbyterian Church was originally founded in 1924 and was the first church to be built east of the Intracoastal Waterway. The original structure (which was designated to the Local Register of Historic Places by the City Commission on November 16, 1999) remained the Presbyterian sanctuary until their new church was constructed in 1977 at 33 Gleason Street, just to the west of the original building. After the construction of the new sanctuary, the original building became the congregation Fellowship Hall. At its meeting of May 15, 2001, the City Commission approved the abandonment of that portion of Bronson Avenue lying adjacent the church. The vacated right-of-way has been incorporated within the church's campus. Within the last decade additional properties have been acquired and today the First Presbyterian Church campus incorporates 3.3 acres. The rezoning request incorporates the 3.3 acre church property and an existing residential parcel referred to the "Fisler Property" located at 37 Gleason Street. This property is currently under contract to be purchased by the church. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. PLANNING AND ZONING BOARD CONSIDERATION At its meeting of June 18, 2001, the Planning and Zoning Board held a public hearing in conjunction with the request. After reviewing the staff report and discussing the proposal, the Board voted 4-0 to recommend that the request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. RECOMMENDED ACTION By motion, approve on first reading the ordinance for a zoning designation change from RM (Medium Density Residential) to CF (Community Facilities) based on positive findings with respect to Chapter 3 (Performance Standards), LDR Sections 2.4.5(D)(5), and policies of the Comprehensive Plan. Attachments: P & Z Staff Report of June 18, 2001 Ordinance No. 38-01 P&Z Board Staff Report Rezoning from RM to CF for the First Presbyterian Church and Fisler Property Page 2 This property is currently under contract to be purchased by the church. The church has been in continuous operation for nearly 80 years on the property. During the past ten years adjacent tracts have been purchased as the operations of the Church have expanded. As the church campus continues to expand it is appropriate that all the properties be rezoned to CF. REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land k)Se 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: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of Medium Density Residential and is currently zoned RM (Medium Density Residential). Pursuant to LDR Section 4.4.21(A) The Community Facilities (CF) district is a special purpose zone district primarily, but not exclusively, intended for locations at which facilities are provided to serve public, semi-public and private purposes. The proposed CF (Community Facilities) zoning designation is deemed consistent with all Future Land Use Map designations. Pursuant to LDR Section 4.4.21(B)(5) within the CF zone district religious uses such as churches and places of worship and attendant uses of day care, pre-school, educational facilities, and with other normal educational (Sunday school) and recreational facilities, and support facilities (e.g. parsonage) are permitted uses. The proposed CF zoning classification more accurately reflects the existing use of the property. Thus, based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. in the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered P&Z Board Staff Report Rezoning from RM to CF for the First Presbyterian Church and Fisler Property Page 3 with respect to the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. As there is no proposal to modify the existing land use on the property the establishment of the CF zone district will not technically modify the original findings. It is noted that uses allowed under the CF zoning designation characteristically have less impact on concurrency than other zoning designations consistent with the underlying Medium Density Residential designation. Positive findings with respect to Concurrency can be made. Consistency - The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. ,' A review of the adopted Comprehensive Plan was conducted and the following policies were found with regard to rezoning. Policy A-4.1 , Land Use Element states" Prior to approval or recommending approval of any land use or development application for property located within a historic distdct or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines" On June 6, 2001, the Historic Preservation Board reviewed the request and recommended approval of the rezoning. Policy C-3.2 Coastal Management Element 'q'here shall be no change in the intensity of land use within the barrier island and all infill development which does occur shall connect to the City's storm water management system and sanitary sewer system" The proposed rezoning will not change the intensity of land uses as there are no changes proposed in the current operations of the existing church facilities. While there will be a change in the use of the Fisler Property which currently accommodates two residential units and a office an increase in intensity is not anticipated at this time as there are no specified development proposal for the site. Consistency findings with respect to future improvements will be made at the time of development review. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. Compatibility is discussed below under the Standards for Rezoning. P&Z Board Staff Report Rezoning from RM to CF for the First Presbyterian Church and Fisler Property Page 4 Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations, The site is developed and includes a church with attendant fellowship hall, education facility and other accessory facilities. The property which is being acquired by the church is also improved and contains two residential structures. Within the CF zone district, a. perimeter setback of 10 feet is required. The existing church, education building, the Fisler residential buildings and the other accessory buildings along the north and east property lines are currently non- conforming with respect to the required side and rear yard setbacks and will remain non-conforming under the proposed CF zone district. Additionally, LDR Section 4.4.21(G)(2) requires that when the CF zone district is adjacent to residential zoning, the perimeter landscaping should be increased to a depth of 15 feet (15') or, as an alternative, either a wall, decorative fencing, or hedging should be installed for aesthetic and buffer purposes. The east, south and west perimeters abut residential zoning. While there are some types of buffer treatment along these perimeters they are not uniform and include of a mix of shadow box fencing, chain link fencing and hedges. Appropriate buffer treatment will be required with the change in use of the Fisler Property and any significant site improvement on the existing church's campus. Section 3.2.1 (Basis for Determining Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoning Actions): Standards B, C and E are not applicable with respect to the proposed rezoning. The applicable performance standard of Section 3.3.2 is 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. P&Z Board Staff Report Rezoning from RM to CF for the First Presbyterian Church and Fisler Property Page 5 The subject site is located within an area designated as "Stable" on the Residential Neighborhood Categorization Map. The requested designation is to a CF designation which is deemed acceptable for stable neighborhood areas. With the adoption of the LDR and city wide rezoning this property should have been rezoned to CF to reflect the existing uses. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The property is surrounded by the following zoning districts: to the north and west is zoned RM and CBD (Central Business District); to the east is zoned RM (Medium Density Residential) and to the south is RM and R-1-A (Single Family Residential). The existing land uses are: retail/restaurants to the north; single family and multi-family residences to the east and south; and multiple family residences and retail to the west. The existing use is compatible with these uses and has co-existed with the neighborhood for many years. With respect to the Fisler Property, compatibility will be enhanced through specific regulations which apply to the CF zoning district which, requires increased landscape perimeter buffer treatment. Section 2.4.5(D)($) (Rezoning Findings): Pursuant to Section 2.4.$(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: That the zoning had previously been changed, or was originally established, in error; bm That there has been a change in circumstances which make the current zoning inappropriate; 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 applicant has submitted the following statement indicating the reasons for which the rezoning is being sought based on "b" above: When the present zoning laws were enacted in the early 1990's, the Church property located at 33 Gleason had already been in operation for nearly 70 years. At that time, the property was zoned RM Multi-Family Residential (Medium P&Z Board Staff Report Rezoning from RM to CF for the First Presbyterian Church and Fisler Property Page 6 Density). Since that time, several tracts adjacent to the Church property have been acquired and made a part of the Church campus. The RM zoning is inappropriate and the property should be zoned CF (Community Facilities). The Fisler property located at 37 Gleason, and immediately adjacent to the south of the main Church entrance, is under contract for sale to the Church, contingent upon this rezoning application. It is currently zoned RM. As a part of the Church campus, this property should be changed to CF. The basis for which the rezoning should be granted relates to both a and b in that when the current zoning map was adopted in September 1990, the church properties were somehow not changed to CF at the time, while most other churches were changed to CF zoning. Since the church is in the process of 6xpanding its campus it is appropriate that a CF zoning classification be assigned to both the existing campus and to the parcel being acquired. The development proposal is not located within the geographical area requiring review by the DDA (Downtown Development Authority). Historic Preservation Board The Historic Preservation Board reviewed the request at its meeting of June 6, 2001, and recommended approval. Community Redevelopment Agency This item is scheduled for the June 14, 2001, CRA meeting. Their recommendation will be provided at the Planning and Zoning Board meeting. Courtesy Notices: A special courtesy notice was provided to PROD, the President's Council and the following homeowners associations: Beach Property Homeowners Association · Seagate Towers · Via Marina · Miramar Gardens 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 Rezoning from RM to CF for the First Presbyterian Church and Fisler Property Page 7 During the rezoning associated with the adoption of the LDR's other churches and similar facilities were given CF zoning designations. Similarly, the existing church campus at that time should have been given a CF designation to reflect the existing use. The RM designation is only appropriate for small churches or single purpose structures and not for large multipurpose churches. As the church is in the process of expanding its campus it is appropriate to rezone the properties to CF. Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan for the proposed rezoning of the subject property. Therefore this rezoning can be recommended for approval based on the findings outlined in this report. Ao Continue with direction. Recommend to the City Commission rezoning of the subject property from RM (Medium Density Residential) to CF (Community Facilities), based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. Recommend to the City Commission denial of the rezoning, based on a failure to make positive findings with respect to LDR Section 2.4.5(D)(5). Recommend to the City Commission rezoning of the subject property from RM (Medium Density Residential) to CF (Community Facilities), based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: Zoning Map Survey m / I ~ k T L A NJ T I C I A V E N U E I~/I ,.~ t ~ ; ~ I COMMERCIAL I ~ ~~~ " ~1 l < G CONDO ~~ I 5 E 2ND ST j ' ' A~NL E ' I CONDO --;~ f - ~~,11~11 tll / I N FIRST PRESB~ERIAN CHURCH OF DEL~Y ~ - R~ONING - ~ ~ ~AY BEACH. ~L ~LAN~G ~ Z~ING ~AR~ENT ~OM: RM (MUL~P~ F~ILY ~IDE~EDIUM DEN~ TO: CF (COMMUN~ FACIL~ES)