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Ord 01-14
i I ORDINANCE NO.01-14 AN ORDINANCE OF THE CITY COMMISSION OF TILE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FOR THREE PARCELS OF LAND IDENTIFIED AS PARCELS 3, 4 AND S ALL LOCATED ON THE NORTH SIDE OF GREENSWARD LANE, EAST OF HAMLET DRIVE,WITHIN THE SEAGATE COUNTRY CLUB AT THE HAMLET, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM OS (OPEN SPACE) TO LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC) FOR PARCELS 3 AND 4; AND FROM LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC) TO OS (OPEN SPACE) FOR PARCEL 8, PURSUANT TO THE PROVISIONS OF THE -COMMUNITY PLANNING ACT", FLORIDA STATUTES SECTION 163.3187, PROVIDING A GENERAL REPEALER CLAUSE,A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248,inclusive, known as the "Community Planning Act"; and WHEREAS, via Ordinance No. 82-S9, the City Commission adopted the document entitled "Comprehensive Plan-Delray Beach, Florida";and WHEREAS, HHC Seagate Hamlet, LLC, is the fee simple owner of three undeveloped parcels of land that measure 0.74 acres located on the north side of Greensward Lane within the Seagate Country Club at the Hamlet as shown on Exhibit "A";and WHEREAS, the parcels identified as Parcels 3 and 4 hereinafter described has an existing Future Land Use Map (FLUM) designation of OS (Open Space);and WHEREAS, the parcel identified as Parcel 8 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 OS (Open Space) to LD (Low Density Residential 0-5 du/ac) for the parcels identified as Parcels 3 and 4; 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) for the parcel identified as Parcels 8;and I WHEREAS, at its meeting of April 21, 2014, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to recommend that the Future Land Use Map designation be changed for the property hereinafter described,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 further 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 Future Land Use Map of the City of Delray Beach, Florida be amended to reflect the revised designations. 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 LD (Low Density Residential 0-5 du/ac) for the parcels identified as Parcels 3 and 4 and described as follows: ° Parcel 3. A parcel of land lying in the Northeast Quarter (NE i/4) of Section 24, Township 46 South, Range 42 East, Palm Beach County, Florida, said land being more particularly described as follows: Commencing at the Northeast corner of Section 24; thence with a bearing of South 01° 24' 40" East along the East line of Section 24,a distance of 1912.95 feet;thence with a bearing of South 88° 35' 20" West, a distance of 196.96 feet; thence North 3° 48' 12" West, a distance of 231.70 feet; thence North 5° 35' 06" West, a distance of 88.76 feet; thence North 12° 41' 57" West, a distance of 81.03 feet to the Point of Beginning; thence continue North 12° 41' 57"West,a distance of 180.90 feet; thence South 86° 45'02"West, a distance of 93.20 feet;thence South 0° 31' 10" East, a distance of 128.55 feet to a point on the arc of a curve concave to the South whose radius bears South 8° 12' 49" East from the last described point, thence Northeasterly, Easterly and Southeasterly along the arc of said curve, having a radius of 50.00 feet, a central angle of 95° 13' 43", for an arc distance of 83.10 feet; thence North 86° 45' 02" East, along a non-tangent line from the last described point, a distance of 74.70 feet to the point of beginning. ORD NO, 01-14 2 Parcel 4. A Parcel of land lying in the Northeast Quarter (NE 1/4) of Section 24, Township 46 South, Range 42 East, Palm Beach County, Florida, said land being more particularly described as follows: Commencing at the Northeast corner of Section 24, thence with a bearing of South 01' 24' 40" East along the East line of Section 24, a distance of 1912.95 feet;thence with a beating of South 88° 35' 20" West, a distance of 196.96 feet; thence North 3 48' 12" West, a distance of 231.70 feet; thence continue North 5° 35' 06" West, a distance of 88.76 feet; thence North 12° 41' 57"West, a distance of 343.22 feet; thence South 86° 45' 02" West, a distance of 93.20 to the point of beginning; thence continue South 86° 45' 02" West, a distance of 75.00 feet; thence South 16° 13' 47" West, a distance of 189.28 feet; thence North 86° 45' 02" East, a distance of 86.32 feet to a point on the arc of a cure concave to the southeast whose radius bears North 86° 29' 10" East from the last described point; thence northwesterly, northerly and northeasterly along the arc of said curve, having a radius of 50.00 feet, a central angle of 85° 18' 01", for an arc distance of 74.44 feet; thence North 0°31' 10 West,a distance of 128.55 feet to the point of beginning. Section 3. That the Future Land Use Map designation of the subject property is hereby officially affixed as OS (Open Space) for the parcel identified as Parcel 8 and described as follows: Parcel 8 A Parcel of land lying in the Northeast Quarter (NE 1/4) off Section 24, Township 46 South, Range 42 East, Palm Beach County, Florida, said land being more particularly described as follows: Commencing at the Northeast corner of Section 24; thence with a bearing of South 01° 24' 40"East along the East line of Section 24, a distance of 1912.95 feet;thence with a treating of South 88° 35' 20" West, a distance of 196.96 feet; thence North 3° 48' 12" West, a distance of 231.70 feet;thence North 5° 35' 06" West, a distance 88.76 feet;thence North 12° 41'57" West, a distance of 343.22 feet; thence South 86° 45' 02" West, a distance of 168.20 feet; thence South 16° 13' 47" West, a distance of 189.28 feet; thence South 5° 41' 02"West, a distance of 142.92 feet to the point of beginning;thence continue South 5° 41' 02"West, a distance of 31.13 feet to a point on the arc of a curve concave to the Northwest whose radius bears North 25° 22' 20" West of the last described point; thence Northeasterly along the arc of said curve having a radius of 125.00 feet, a central angle of 10° 43' 03", for an arc distance of 23.38 feet to a point of reverse curvature of a curve to the right; thence Northeasterly along said curve, having a radius of 125.00 feet, a central angle of 32° 50' 26", for an arc distance of 71.65 feet; thence South 86° 45' 02" West,non tangent from the last described curve, for a distance of 83.67 feet to the point of beginning. ORD NO. 01-14 3 Section 4. That the City Corm-mission of the City of Delray Beach, Florida, hereby declares its intent to eyercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act." Section 5. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Future Land Use Map of the City of Deltay Beach, Florida,to conform with the provisions of Sections 2 and 3 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: thitty-one (31) days after adoption, unless the Comprehensive Plan amendment is timely challenged. If timely challenged, the effective date of this Ordinance shall be the date a final order is issued by the State Land Planning or the Administration Commission, finding the adopted amendment to be in compliance. 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 affiimng its effective status, a copy of which resolution shall be sent to the state land planning agency- ]PASSED AND ADOPTED in regular session on second and final reading on this the t� ay of -737-w"'t , 2014. ATTEST �\ Ma Yb R City Clerk First Readin Second Reading, \\`kA ORD NO.0 1-14 4 Page 1 of 2 f .9 III li'f.lit�'. j U+' Ir I tf��ii i��l�lli MEMORANDUM •r TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Robert Barcinski, Acting City Manager DATE: May 30, 2014 SUBJECT: AGENDA ITEM 11.A.-MEETING OF JUNE 3,2014 ORDINANCE NO. 01-14 BACKGROUND The Hamlet subdivision is located on the south side of West Atlantic Avenue, approximately 1,200 feet west of Homewood Boulevard and encompasses several zoning classifications, including R-1-A (Single Family Residential), RL (Low Density Residential), RM (Medium Density Residential), OS (Open Space) and OSR (Open Space and Recreation), on 353 acres. The community features a 101 acre golf course with clubhouse and tennis facilities. The Hamlet development was annexed into the City in 1971 and was developed as a compilation of single family residential plats ("pods") around a golf course. At its meeting of May 23, 2005, the City Commission approved under Ordinance No. 34-05, a privately initiated small scale Future Land Use Plan amendment from OS (open space) to LD (Low Density Residential 0-5 units/acre and rezoning from OSR (Open Space and Recreation) to R-I-A (Single Family Residential) for a 0.978 acre property located on the north side of Greenswards Lane within the Seagate Country Club at the Hamlet residential development. The 0.978 acre property has been identified as containing parcels #1, 2, and 5 in Exhibit "C" (see P&Z staff report dated April 21, 2014 attached). City Attorney Review: This item has complied with all legal prerequisites prior to being scheduled on a City Commission agenda. Finance Department Review: NIA Discussion: The action requested of the City Commission is consideration of a privately initiated Future Land Use Map (FLUM) amendment for Seagate Country Club Villas, which involves three undeveloped parcels of land: Parcel 3 and 4 that measure 0.36 acres each and Parcel 8 that measures 0.02 acres, all of which are located on the north side of Greensward Lane, within the Seagate Country Club residential development at the Hamlet. The proposed requests include changing the existing FLUM designations as follows: Parcels 3 and 4 from OS (Open Space) to LD (Residential Low Density 0-5 units/acre) and for Parcel 8 from LD (Residential Low Density 0-5 units/acre) to OS (Open Space). Rezoning is required when property changes FLUM designation, and an associated rezoning request for http:l/itwebapp/NovusAgenda/Preview.aspx?ItemID=7980&MeetingID=511 5/11/2014 Page 2 of 2 the same property is on this agenda. Timin,a Request: This item is not time sensitive. REVIEW BY OTHERS At its meeting of January 27, 2014, the Planning and Zoning Board tabled the request for FLUM Amendment for the Seagate Country Club Villas with the specific recommendation that the dedication language for the plat of the Seagate Golf Course (property zoned OSR) and adjacent subdivisions plats be provided (See Exhibits B, C, D, E, F, and G attached). The Board also posed a number of clarification questions associated with the requested FLUM which have been answered by staff (See Exhibit "1" attached) and asked the applicant to return to the Board for additional review. At its meeting of April 21, 2014, the Planning and Zoning Board held a public hearing associated with the proposed FLUM request. Presentations were made by staff and the applicant. The residents had the opportunity to present their views for or against the proposed FLUM. A significant number of residents expressed their support for the project either at the meeting or via letters of support and a few residents were against the proposal. After a brief discussion, the Board moved a recommendation of approval to the City Commission of the request for FLUM amendment for the Seagate Country Club Villas on a vote of 5-0 (Derline Pierre-Louis absent). Additional background information and full analysis of the FLUM amendment can be found in the original Planning and Zoning Board staff report, dated January 27, 2014 and also, in the reconsideration of the FLUM amendment and rezoning request contained in the Planning and Zoning Board staff report, dated April 21, 2014. RECOMMENDATION Approve on first reading Ordinance No. 1-14 associated with a Future Land Use Map amendment for Parcels 3 and 4 from OS (Open Space) to LD (Residential Low Density 0-5 units/acre); and for Parcel 8 from LD (Residential Low Density 0-5 units/acre) to OS (Open Space), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections-3.1.1 (Required Findings - FLUM Consistency) and the following Objectives and Policies of the Comprehensive Plan: Future Land Use Element Objective A-1, Policy A-1.7, Future Land Use Element Objective A-3, Policy A-2.3, and Policy A-3.1. http://itwebapp/NovusAgenda/Preview.aspx?ltcmlD=7980&MeetingID=511 6/11/2014 Coversheet Page 1 of 1 MEMORANDUM . ............ ............. .. ........ TO: Mayor and City Commissioners FROM: Terrance Stewart, Interim City Manager DATE: June 11, 2014 SUBJECT: AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF JUNE 17, 2014 ORDINANCE NO. 01-14 BACKGROUND On June 3, 2014, the Commission approved Ordinance No. 01-14 on first reading. Legal Department Review: Ordinance No. 01-14 was published in the Palm Beach Post newspaper on Friday, June 6, 2014 in compliance with advertisement requirments. Finance Department Review: Finance recommends approval. Discussion: This item is before Commission for second reading to consider a privately- initiated Future Land Use Map (FLUM) amendment for Seagate Country Club Villas which includes three undeveloped parcels of land: Parcels 3 and 4 from OS (Open Space) to LD (Residential Low Density 0-5 units/acre) and Parcel 8, from LD (Residential Low Density 0-5 units/acre) to OS (Open Space), located on the north side of Greensward Lane, east of Hamlet Drive within the Seagate Country Club the Hamlet. Timing of Request: This item is not time-sensitive. RECOMMENDATION Staff recommends approval of Ordinance No. 01-14 on second and final reading. http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=8040&MeetingID=507 7/1/2014 ORDINANCE NO. 01-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FOR THREE PARCELS OF LAND IDENTIFIED AS PARCELS 3, 4 AND 8 ALL LOCATED ON THE NORTH SIDE OF GREENSWARD LANE, EAST OF HAMLET DRIVE,WITHIN THE SEAGATE COUNTRY CLUB AT THE HAMLET, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM OS (OPEN SPACE) TO LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC) FOR PARCELS 3 AND 4; AND FROM LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC) TO OS (OPEN SPACE) FOR PARCEL 8, PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT", FLORIDA STATUTES SECTION 163.3187, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act";and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, HHC Seagate Hamlet, LLC, is the fee simple owner of three undeveloped parcels of land that measure 0.74 acres located on the north side of Greensward Lane within the Seagate Country Club at the Hamlet as shown on Exhibit "A"; and WHEREAS, the parcels identified as Parcels 3 and 4 hereinafter described has an existing Future Land Use Map (FLUM) designation of OS (Open Space);and WHEREAS, the parcel identified as Parcel 8 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 OS (Open Space) to LD (Low Density Residential 0-5 du/ac) for the parcels identified as Parcels 3 and 4;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) for the parcel identified as Parcels 8; and WHEREAS, at its meeting of April 21, 2014, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to recommend that the Future Land Use Map designation be changed for the property hereinafter described, 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 further 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 Future Land Use Map of the City of Delray Beach, Florida be amended to reflect the revised designations. 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 LD (Low Density Residential 0-5 du/ac) for the parcels identified as Parcels 3 and 4 and described as follows: ° Parcel 3. A parcel of land lying in the Northeast Quarter (NE 1/4) of Section 24, Township 46 South, Range 42 East, Palm Beach County, Florida, said land being more particularly described as follows: Commencing at the Northeast corner of Section 24; thence with a bearing of South 01° 24' 40" East along the East line of Section 24, a distance of 1912.95 feet; thence with a bearing of South 88° 35' 20" West, a distance of 196.96 feet; thence North 3° 48' 12" West, a distance of 231.70 feet; thence North 5° 35' 06" West, a distance of 88.76 feet; thence North 12° 41' 57" West, a distance of 81.03 feet to the Point of Beginning; thence continue North 12° 41' 57" West, a distance of 180.90 feet; thence South 86° 45' 02" West, a distance of 93.20 feet;thence South 0° 31' 10" East, ORD NO. 0 1-14 2 a distance of 128.55 feet to a point on the arc of a curve concave to the South whose radius bears South 8° 12' 49" East from the last described point; thence Northeasterly, Easterly and Southeasterly along the arc of said curve, having a radius of 50.00 feet, a central angle of 950 13' 43", for an arc distance of 83.10 feet; thence North 86° 45' 02" East, along a non-tangent line from the last described point, a distance of 74.70 feet to the point of beginning. Parcel 4. A Parcel of land lying in the Northeast Quarter (NE '/4) of Section 24, Township 46 South, Range 42 East, Palm Beach County, Florida, said land being more particularly described as follows: Commencing at the Northeast corner of Section 24, thence with a bearing of South 010 24' 40" East along the East line of Section 24, a distance of 1912.95 feet; thence with a bearing of South 880 35' 20" West, a distance of 196.96 feet; thence North 30 48' 12" West, a distance of 231.70 feet; thence continue North 50 35' 06" West, a distance of 88.76 feet; thence North 120 41' 57" West, a distance of 343.22 feet; thence South 860 45' 02" West, a distance of 93.20 to the point of beginning; thence continue South 860 45' 02" West, a distance of 75.00 feet; thence South 160 13' 47" West, a distance of 189.28 feet; thence North 860 45' 02" East, a distance of 86.32 feet to a point on the arc of a curve concave to the southeast whose radius bears North 860 29' 10" East from the last described point; thence northwesterly, northerly and northeasterly along the arc of said curve, having a radius of 50.00 feet, a central angle of 850 18' 01", for an arc distance of 74.44 feet; thence North 00 31' 10" West, a distance of 128.55 feet to the point of beginning. Section 3. That the Future Land Use Map designation of the subject property is hereby officially affixed as OS (Open Space) for the parcel identified as Parcel 8 and described as follows: Parcel 8 A Parcel of land lying in the Northeast Quarter (NE 1/4) off Section 24, Township 46 South, Range 42 East, Palm Beach County, Florida, said land being more particularly described as follows: Commencing at the Northeast corner of Section 24; thence with a bearing of South 010 24' 40" East along the East line of Section 24, a distance of 1912.95 feet; thence with a bearing of South 880 35' 20" West, a distance of 196.96 feet; thence North 30 48' 12" West, a distance of 231.70 feet; thence North 50 35' 06" West, a distance 88.76 feet; thence North 120 41'57" West, a distance of 343.22 feet; thence South 860 45' 02" West, a distance of 168.20 feet; thence South 160 13' 47" West, a ORD NO. 0 1-14 3 distance of 189.28 feet; thence South 5° 41' 02" West, a distance of 142.92 feet to the point of beginning; thence continue South 5° 41' 02" West, a distance of 31.13 feet to a point on the arc of a curve concave to the Northwest whose radius bears North 25° 22' 20" West of the last described point; thence Northeasterly along the arc of said curve having a radius of 125.00 feet, a central angle of 10° 43' 03", for an arc distance of 23.38 feet to a point of reverse curvature of a curve to the right; thence Northeasterly along said curve, having a radius of 125.00 feet, a central angle of 32° 50' 26", for an arc distance of 71.65 feet;thence South 86° 45' 02" West, non-tangent from the last described curve, for a distance of 83.67 feet to the point of beginning. Section 4. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act." Section 5. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Future Land Use Map of the City of Delray Beach, Florida, to conform with the provisions of Sections 2 and 3 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective as follows: thirty-one (31) days after adoption, unless the Comprehensive Plan amendment is timely challenged. If timely challenged, the effective date of this Ordinance shall be the date a final order is issued by the State Land Planning or the Administration Commission, finding the adopted amendment to be in compliance. 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 state land planning agency. ORD NO. 0 1-14 4 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2014. ATTEST MAYOR City Clerk First Reading Second Reading ORD NO. 0 1-14 5 i HIB EX IT AA �� CARNEY STANTON P.L. Attarneys.At Law 135.S_E_:.STf AVEN F,,:SUITE 202 DELRAY BEACH,.FLORIDA 33483 TEL; (561)278 75555 FAX: (561)330-8233 EMAIL:'"tfc@canicystanton.cogi Janiwy 29;2614 Mr.Mark McDonnell Director of Planning, City of Delray Beach WO N.W. I st Avenue . Delray Beach,FL 33444 In,Re; Seagate Country Club Villas Dear .Mr..1VlcDow—ietl:. Pursuant to the ,meeting Monday night, I have attached hereto all of the flats within the Harslet Developrxierit(there are l5): Please now that the HHC Seagate Hamlet owns 1.00% of the land subject. to the rezoning application. _As I was trying to convey at the meeting, the Golf club property is not,nor has it ever been,platted or part of another plat. The Hamlet subdivision was developed as a compilation of single family residential plats ("pods") around a golf course. As .1 stated at the meeting, the original purchasers/developers of the.-HaMlet;acquired the tract of land noW known as the I-lazx let and, as each development "pod" was started, that pod was separately_platted: (essentially, eachwas backed into the tract). Each of these: 15 pods is separate. each of these platted pods created their own governing documennts. After the,completion,of the 15 subdzvi.sions, the subdivisions' czeated a z aster association. (the ."Hamlet Residents Association." and each of the siubdivisions becaine subject to the governing. documents of the HRA (in addition to their ownR boverning- documents). -This„did.not:include the Hamlet Golf and Tennis Club (predecessor-to HHC �cagat�Hamlet): 'The golf club has always been a sepatate entity and the golf .club property is not subject to the IIR.A. govot'ning docuuments. I understand M6,: Shutt -was quoting Vie:(now cuAomary) practice of developing a master plat_ and then, rithin that plat, develop tl�e sub-plats. As. f stated, that vas not the ease liege and-what Mrs. Shutt(and the Boatd) is asking for does not exist: There is no plat covering the go)f catn5o poperty arid,accordingly,there is no dedication. Please let me know ifyou need any additional nal informatioa Sincerely, Thomas F-Carney; Jr. Tl C/ y EXHIBIT r N.i YJ co DmZoTH q T Q Q.... Y—M=N T ti 0 a LLI �tOu � x FW LU LU U)W i- Q ° O Q O 7 W LLI ANNco H Kn N �Ocooin a T T O W F T aFw_ z LLJ LU a a WZQtn f ' az W 9W W � OCW \_ W WZ C3 _ a ° LLI X-4 — nLXL LLL U O ti 0 W O — M W N r N Z H M O W r- OZW >- C ..T- 0 0001- O LLI a .. F W 19 LU 9 W y D Q ° J mu O O _ z a O O Q — W J O T U N z Z LLI Q Z O I. T T W p I-Q Z W W O C Os N FFFFI� E7_ �lu - GE W m % D N O W — ~- -Z-••. W �O 3—Q DI Z M O H O x ,QtA � Z — W EXHIBIT C Uj� d I ftf LU LL LU z >-It 5 a�Lu , U3 J2,. P.e 2 `-Z W ............ ... ........... fi xNll U) < U � 3 l W ui U) 0 Ily'l EXHIBIT D ORDINACE NO. 44-71_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CI'T'Y OF DBLRAY BEACH CERTAIN LANDS LYING IN SECTIONS 13 and 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS: PRO- VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, NELSON E. COONS, Trustee, is the fee simple owner of the lands hereinafter described, and WHEREAS, M. V. KELLY, duly Authorized Agent, in be- half of Nelson E. Coons, Trustee, has petitioned and given permission for the annexation of said lands by the City of Delray Beach, and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida;and WHEREAS, the annexation of these lands hereinafter described, in the RM-lA Multiple Family Dwelling District, has been recommended by the Planning and Zoning Board in action taken at its meeting held on December 21, 1371; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City of - Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described lands located in Sections 13 and 24, Township 46 South, Range 42 East, Palm Beach County, Florida, which lie contiguous to said City, to wit: The North half (N 1/2) of Section 24, Township 46 South, Range 42 East, Palm Beach County, Florida, less the following described parcels: THE North 524.0 feet of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of said Section 24, THE North 524.0 feet of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of said Section 24. THE North 40 feet of the East three-quarters (E 3/4) of the Northeast Quarter (NE 1/4) of said Section 24. THE North 40 feet of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of said Section 24. THE West 50 feet of the North half (N 1/2) of said Section 24. AND also less the right-of-way of Forest Road as recorded in Official Record Book 1181 on page 552, public records of Palm Beach County, Florida and also less the South 40 feet thereof as right-of--way for L.W.D.D. Lateral canal No. 35, as recorded in Official Record Hook 483 on page 576.. TOGETHER with that part of the East three-quarters (E 3/4) of the South half (S 1/2) of the Southeast Quarter (SE 1/4) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida, lying South of the South right-of--way line of State Road No, 806 (Delray West Road) as shown in Road Plat Boob 3 on page 27, public records of Palm Beach County, Florida, less the following described parcel; COMMENCING at the Northeast corner of the said East three-quarters (E 3/4) of the South half (S 1/2) of the Southeast Quarter (SE 1/4) of Section 13; thence Southerly, along the East line of said Section 13, a distance of 24.77 feet to an intersection with the said South right-of-way line of State Road No. 606, said intersection being the Point of Beginning; thence continue Southerly, along the said East line of Section 13, a distance of 15.23 feet to an intersection with a .line 40.0 feet .South of, as measured at right angles, and parallel with the North line of the said East three-- quarters (E 3/4) of the South one-half (S 1/2) of the Southeast Quarter (SE 1/4) of Section 13; thence Westerly, along said parallel line, a distance of 219.20 feet to an intersection with the said South right-of-way line of State Road No. 806; thence Northeasterly, along the said South right-of-way line of State Road No. 806 to the Point of Beginning. The above description containing 353.72 acres, more or less. SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above described tract of land, and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the land hereinabove described is hereby declared to be in Zoning District RM-111 as defined by existing ordinances of the City of Delray Beach, Florida. SECTION 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, and persons residing thereon shall be deemed citizens of the City of Delray Beach. SECTION 5. That if any word, phrase, clause, sentence or part of this Ordinance shall be declared illegal by a court of competent jurisdiction, such record of illegality shall in no way affect the remaining portion. PASSED and ADOPTED in regular session on the second and final reading on the 24th day of T� „ice, 197-) . M .A U R 11TTE5 T City Clerk First Reading December 2L. -122 -- - Second Reading January 24._1972, Public .Hearing January 10, 1972_ EXHIBIT E� . ......... PENINSULAR PROPERTIES, C Q INC. January 18, 1972 The Honorable J. H. Scheisley> Mayor and Members of the City Council City of Delray Beach City Hall Delray Beach, Florida Re: Annexation of 353, Acres in Sections 13 and 24, Township 46 .South, Range 42 East Gentlemen; This letter is to assure you that if our property is annexed to the City of Del.ray Beach and placed in the Ri f-1 A zcni rig, classification, we Will not build to the density allowed of 28 units per acre. We have been working with the Zoning Director and the Planning Board and at the present time, have submitted a site plan apppoval for forty of the 353 acres. We have also submitted a general land use plan for a residential golf community with a maximum of 2000 units on said tract which is less than six units per acre. If this property is annexed and the site plan for the first phase. approved, tyre will not oppose a zoning change to a nigher classification to be adopted in the E near future which Will permit a maximum of 2000 units on the 353 acres. We plan to develop a community with a maximum of 2000 residential units over a period of approximately eight years. The eighteen-hole golf course, clubhouse and related facilities, and the first phase of 36.6 acres will be constructed in 1971 and will contain 201 units. Our petition is still subject to a satisfactory agreement for sanitary sewers E: and the relocation of Forest Road which was suggested by the Planning Director. However;- we have been assured by the administration. that this is not a problem. It is our intention ultimately to have approximately sixty million dollars in- vested in this project and we wish to assure you that we well construct our units as a low-density development and at the same time, be assured that we will be able to develop different phases up to a maximum of two thousand residential Units. s Yours Very truly,.. PENINSULAR PROPERTIES INC. , V. Kell President NiVK:mcr - 5601 NORTH FEDERAL 7IIGMVAY MCA RATON, FLORIDA 33432 PITONE: (305) 381-57701 I 9 Th �3oar�I c1__scu vd. �,a� ✓x�.�,ic � o� 353 Gcz , ; bount,s ,d by West atlantic A�r�?rueP �.litpry Tizail, SherT,�OOd Far3,_ --'/D d Dose-e load e � eY�d.ecip ?ess Side � ot��_ Farms Golf Course a,-rZL Couxit, r t�lu'o Acre s past) . ensnsvlax i roert es s 11�c , a subsidy az=y o iv siiie'd 5�:. ices s �epyLs ntec� by 4IF, r"a T� V. Kelly t�x,3 Charles Fa C �y%oi1 lay o, Fla,.,xner, of �Iar?a�sd B-a Associates 11tel-n.1ti0 dal I30c . r �i7�'?o p-".esccj'1 ed- ':;�i.eir �7 't75'�eCtl�rC site ��?a.n as �a=e11 aC the ar_ie ��tior� regvest. The c,r^�_c�,ll dens- is estl�"IatESd -a`� 5,666 units pc--- ac-re, lbeing a total of �p��� Ll:l?tS with a i golf couras: and of ler amenities. A mbtiOn by III', Pom)pey passed ixpanimously -Ung to City Council that f.'�2 373 �cr�s be ay�s?o 1 ° t �° C,ty of y)a ray Bea— ch as an Uoring DistTlct sw0ject to a tsIetttler of inuerxi E1 as `-rued by Mr. Kelly to tape D3eaa-d (and by John s Adfi.ks g I tGO �3�y� � AND tin erAtir �xea be pl�tted within o-ne year of t1,e date of special exception. ANNEYATTON RM-7A 353 acres Location. South of West Atlantic Avenue, East of Militaay T--,-ail and North of Sherwood P;�xk Subdivision. Mr. Nelson .E. Coons, Trustee, Mx'. M. V. Kelly representing ua er) EXHIBIT F ORDINANCE NO. 66-74 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING APPROXIMATELY 353.72 ACRES OF LAND LOCATED IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, AND SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LYING NORTH OF LOWSON BOULEVARD, BETWEEN DOVER ROAD AND MILITARY TRAIT: IN "RM-6 MULTIPLE FAMILY DWELLING DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972." WHEREAS, the Planning and Zoning Board has recommended rezoning and placing land presently zoned RM-10 Multiple Family Dwelling District in 'Ijj,NJ,,r 1•1ulti.p1G Fs....4.1i'y" -„;ailing District;” and, '. WHEREAS, the city Administration concurs in said recommendation; and, WHEREAS, the City Council of the City of Delray Beach, Florida, has determined that such change should be made, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF.DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the 11RM-6 Multiple Family Dwelling District" as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, to wit: The north half (Nk) of Section 24, Township 46 South, Range 42 East, Palm Beach County, Florida, less the following described parcels: THE North 524.0 feet of the northeast quarter (NE4) of the northwest quarter (NW4) of said Section 24. THE North 524.0 feet of the northwest quarter (NW4) of the northwest quarter (NW4) of the northeast quarter (NE,) of said Section 24. THE North 40.0 feet of the east three-quarters (E 3/4) of the northeast quarter (NE4) of said Section 24. THE North 4G.0 feet of the northwest quarter (NW� j) of the northwest quarter (NW4) of said Section 24. THE West 50.0 feet of the north half (AT-) of said Section 24. AND also less the right-of-way of Forest Road, as recorded in Official Record Book 1181 on page 552, Public Records of Palm Beach County, Florida and also less the South 40 feet thereof as right-of-way for L.W.D.D. Lateral canal No. 35, as recorded in Official Record Book 483 on page 576. TOGETHER with that part of the east. three-quarters (E3/4) of the south half (S'k) of the southeast quarter ($E4) of'Section 13, Township 46 South, Range 42 East, Palm peach County, Florida, lying South of the south right-of-way line of State Road No. 806 (Delray West Road) as shown in Road Plat Book 3 on page 27, Public Records of Palm Beach County, Florida, less the fol-lowing described parcel: COMMENCING At the northeast corner of the said east three-quarters (E3/4) of the south half (Sh) of the southeast quarter (SE4) of Section 13; thence Southerly, along the east line of said Section 13, a distance of 21.77 feet to an intersection with the said south right-of-way line of State Road No. 806, said inter- section being the Point of Beginning; thence continue Southerly, along the said east line of Section 13, a distance of 15.23 feet to an intersection with a line 40.0 feet south of, as measured at right angles, and parallel with the north line of the said east three-- quarters (B3/4) of the south half (Sz) of the southeast quarter (SE-L4) of Section 13; thence Westerly, along said parallel line, a distance of 219.20 feet to an inter- section with.-the said south right-of-way line of State Road No. 806, thence Northeasterly, alona the said south- right-of-way line of State Road No, 806 to the Point of Beginning. The above description containing 353.72 acres, more or less. This property is located North of Lowson Boulevard, East of Military Trail, an irregular line South of West Atlantic Avenue and West of the E-4 Canal, Delray Beach, Florida. Section 2. The density for the Hamlet Site Plan Development Concept of 353.72 acres concerning the above property shall be figured on the entire property lying within the Hamlet property line as annexed by ordinance No. 44-71 of the City of Delray Beach on January 24, 1972. Section 3. That the Planning Directors of said City shall, upon the effective date of this ordinance, change the Zoning Map of Delray Beach, Florida, to conform with the provisions of Section 1 hereof, PASSED AND ADOPTED in regular session on second and final reading on this the 13th day of January 1975 . M A Y/ O I1 ATTEST-. rf - City Clerk - - First Reading December 9, 1974 Second Reading�January 13. 1975 2 - Ord. No. 66-74 � EXHIBIT G �j F F itp of � c . D£Lha .atloaao• nc r — — DELRAY BEACH,FLORIDA 33444 J_ELDONMARIOTT June 22, 1981 - LEON M_WEEHE5.MAYOR - CITY MANAGER JgMSS H1.5CHESfLEY,vICE-MAY63i MALCOLln Y,g�BA.COUNGIi:MI:M%>wR LED A.BL4IR,COUNCIL MEMBER CHARLO =C_DURAN"YF,C0UNCILMVM1Cn Mr_ Dare Curl.and Hamlet Golf .& Tennis Glob, Inc a 625 Greensward Lane ,Delray Beach, FL 33445 Re: Greensward Village. Dear Dave; This is in response to our June 17th telephone conversation relative to zoning and density regulations governing the Greensward Village Subdivision within the Hamlet Development, The present zoning for Tract "B" (23.556 acres). whi_cb. is the Greensward Village Subdivision, is RMe6 Multiple Family Dwelling. District, 'which allows a maximum of six (6) units per acre, The 6.833 acres which comprise the two remaining undeveloped parcels of land. within Tract "B" would not be able to be further developed at six (6) units per acre since they are part of the total acreage of .Tract "B" , and Tract "B" is presently developed' ; to maximum density (i_e� 136 units on 23.556 acres) .. The entire 6.833 acres comprising the two undeveloped parcels of . land within Tract "B" must remain a-.part of Greensward Village to insure that tie entire tract remains within the RM-6 density limits. Succession-of the two remaining undeveloped parcels from Tract "B" would not be possible as this would constitute a violation of the present density requirements p since Tract IB" is developed to maximum density. If I can be of further assistance, please let me'knowm Very tr yours, . Dan Kotulla Planning Director DK/ajm EQUAL QPPORTUNIT`'F—MPLOY$cR MIF - EXHIBIT H MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM# l Q� -REGULAR MEETING OF-UNE 21,2005 ORDINANCE NO. 34-05 (PRIVATELY INITIA'T'ED SMALL SCALE FUTURE LAND USE MAP AMENDMENT) DATE: JUNE 17,2005 This ordinance is before Commission for second reading and a quafi judfcial bearing fox a privately initiated small scale Future Land Use Map (FLUM)Amendment from OS (Open Space) to LD (Low Density Residential 0-5 dwelling units per acre) and rezoning from OSR(Open Space and Recreation) to R--1-A (Single Family Residential) for a 0.978 acre parcel of land located on the south side of West Atlantic Avenue, approximately 2,000 feet west of Homewood Boulevard within the Hamlet Residential Development The Hamlet subdivision was developed as a compilation of single family residential plats ("pods") around a golf course. The subject 0.978 acre parcel is not part of the golf course and is an undeveloped/unplatted remnant of the residential community. The Hamlet Country Club began construction in the mid 1970's and is primarily built-out. The residential communities surround a 101 acre golf course with clubhouse and tennis facilities. The Hamlet development was annexed into the City in 1971. With the initial adoption of the Future Land Use Map in 1989, the designation of the subject property was changed from Single Family to OS. The subject property was rezoned from R-1--A to OSR with the Citywide rezoning of October, 1990. The applicant has submitted a FLUM amendment and rezoning change to accommodate the development of two (2) single family residences. Additional background and an analysis of the FLUM amendment and rezoning are provided in the attached Planning and Zoning Board staff report. At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony regarding the request. After reviewing the staff report and discussing the proposal, the Board voted 4-0 to recommend to the Commission approval of the small scale FLUM amendment and rezoning by adopting the findings of fact and law contained in the staff report, the request is consistent with the Comprehensive Plan,and meets the criteria with respect to Land Development Regulations Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1 (Required Findings), and Section 3.2.2(Standards for Rezoning Actions). At the first reading on June 7,2005, the City Commission passed Ordinance No. 34-05. Recommend approval of Ordinance No. 34-05 on second and final reading. S.\CEty Clerk agenda memos\Ord 34-35 FLUM Hamlet 062105 CITY COMMISSION DOCUMENTATION TO: DAV D , Cl MANAGER THRU: PAUL DORLING, DI TOR OF PLAN NG AND ZONING FROM: SCOTT PAPE, SENIOR PLANNER -w� SUBJECT: MEETING OF JUNE 7,2005 PRIVATELY INITIATED SMALL SCALE FUTURE LAND USE MAP AMENDMENT FROM OS (OPEN SPACE) TO LD (LOW DENSITY RESIDENTIAL 0-5 DUTAC) AND REZONING FROM OSR (OPEN SPACE AND RECREATION) TO R-1-A (SINGLE FAMILY RESIDENTIAL) FOR PROPERTY LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE, APPROXIMATELY 2,000' WEST OF HOMEWOOD BOULEVARD WITHIN THE HAMLET RESIDENTIAL DEVELOPMENT. BACKGROUND The Hamlet subdivision was developed as a compilation of single family residential plats ("pods") around a golf course. The subject 0.978 acre parcel is not part of the golf course and is an u ndeve loped/un platted remnant of the residential community. The Hamlet Country Club began construction in the mid 1970's and is primarily built-out. The residential communities surround a 101 acre golf course with clubhouse and tennis facilities. The Hamlet development was annexed into the City in 1971. With the initial adoption of the Future Land Use Map in 1989, the designation of the subject property was changed from Single Family to OS (Open Space). The subject property was rezoned from R-1-A to OSR (Open Space and Recreation) with the Citywide rezoning of October 1990. The applicant has submitted a Future Land Use Map and rezoning change to accommodate the development of two single family residences. Additional background and an analysis of the FLUM amendment and rezoning are provided in the attached Planning and Zoning Board staff report. PLANNING AND ZONING BOARD CONSIDERATION At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing in conjunction with the Small Scale Future Land Use Map amendment and rezoning requests. After reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0 (Kincaide, Morris and Zacks absent) to recommend approval of the small scale Future Land Use Map Amendment from OS (Open Space) to LD (Low Density Residential 0-5 dulac) and rezoning from OSR (Open Space and Recreation)to R-1-A(Single Family Residential) by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Flan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. RECOMMENDED ACTION Move approval of the small scale Future Land Use Map Amendment from OS (Open Space) to LD (Low Density 0-5 dufac) and rezoning from OSR (Open Space and Recreation) to R-1-A (Single Family Residential) by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(13)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Planning and Zoning Board Staff Report of May 23,2005 and Ordinance PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: May 23, 2005 :AGENDA ITEM: Ill. D. ITEM: Future Land Use Map Amendment From OS (Open Space)To LD (Low Density Residential 0-5 du/ac) and Rezoning From OSR (Open Space and Recreation) to R-1-A(Single Family Residential) For a 0.978 Acre Parcel within The Hamlet Residential Development(Quasi-Judicial Hearing). ruc ,sr STA?7 FAAW wrir it z PLAZA A71-A11ZlC A�� '. GENERAL DATA: a a Owner/Applicant---._.-_.-_•............. The Hamlet Country Club, Inc. ,��• Agent.....................•..--------------_ Mitchell Kirshner . Location...................................... Located on the south side of r West Atlantic Avenue, approximately 2,000' west of Homewood Boulevard. Property Size.............................. 0-978 Acres ANA aa.® a.E Future Land Use Map................ OS (Open Space) - Proposed FLUM....•..................... LD (Low Density Residential, 0-5 Units/Acre) `r Current Zoning.....-- ....... OSR (Open Space and ; Recreation) Proposed Zoning........................ R-1-A(Single Family 3 r Residential) a Adjacent Zoning. North_ OSR East- OSR I South: OSR E West: OSR Existing Land Use...................... Vaunt Proposed Land Use.................... Single Family Residential. I E Water Service............................. Via Lateral Connection to 12" 1 Water Main on site. j ;q Sewer Service----------------------------- Via Lateral Connection to 8" o Sewer Main along z Greensward Lane. ` N LOWSM saULEvum IV. D. ITEM BEFORE THE BOARD The action before the Board is that of making a recommendation to the City Commission on a privately sponsored Future Land Use Map (FLUM) Amendment from OS (Open Space) to LD (Low Density Residential 0-5 dwelling units per acre) and rezoning from OSR (Open Space and Recreation) to R--1--A (Single Family Residential) for a 0.978 acre parcel located within The Hamlet residential subdivision, which is on the south side of West Atlantic Avenue, approximately 2,000' west of Homewood Boulevard. Pursuant to Section 222(E), the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to the rezoning and FLUM Amendment of any property within the City. BACKGROUND The property consists of an unplatted wooded parcel within The Hamlet residential subdivision that contains 0.978 acres. The Hamlet subdivision was developed as a compilation of single family residential plats ("pods") around a golf course. The subject parcel is not part of the golf course and is an undevelopedlunplatted remnant of the residential community that is owned by the Hamlet Country Club. The Hamlet Country Club began construction in the mid 1970's and is primarily built-out. The community features a 101 acre golf course with clubhouse and tennis facilities. The Hamlet development was annexed into the City in 1971. This particular property was rezoned from R-1-A (Single Family Residential) to OSR with the Citywide rezoning of October 1990. A FLUM and rezoning request to designations which would accommodate development of two single family residences are now before the Board for consideration. FUTURE LAND USE MAP AMENDMENT ANALYSIS Florida Statutes 163.3187 - Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive,land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: ❑ The amendment does not exceed 10 acres of land; ❑ The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; P&Z Board Staff Report FLUM Amendment& Rezoning for The Hamlet Page 2 ® The proposed amendment does not involve the same property, or the same owner's property within 200 feet of properly, granted a change within a period of 12 months; ® That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre except for properties that are designated in the Comprehensive Plan for urban infill, urban redevelopment, or downtown revitalization; ® 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, 11 The property that is the subject of a proposed amendment is not located within an area of critical state concern. The subject properties consist of 0.978 acres. The properties are not located within a designated redevelopment area or traffic concurrency exception area. The City has adopted one Small Scale Future Land Use Map (FLUM) Amendments this year as defined by Florida State Statute 183.3187 that consisted of 0.42 acres. Therefore, the proposed 0.978 acre FLUM amendment does not exceed the 60 acre annual limit (1.40 acres total). The Low Density Residential FLUM designation allows a residential density up to five dwelling units per acre. Consequently, the proposed FLUM amendment can be considered under the small scale procedures since the residential density proposed for the subject property is less than 10 dwelling units per acres. The property has not previously been considered for a Future Land Use Map amendment nor has the same owner's property, within 200 feet, been granted a land use change within the last year. The amendment does not involve a text change to the Comprehensive Plan and it is not located within an area of critical state concern. Given the above, the proposed FLUM amendment can be processed as a small scale amendment. Land Use Analysis: Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. As noted previously the property is currently vacant and wooded. The applicant has indicated that the intention is to construct two single family residences on the property. Pursuant to LDR Section 4.4.3(B)(1), conventionally sited single family detached residences are permitted uses in the R-1-A zoning district. Based on LDR Section 4.3.4(Development Standards Matrix), the property is of sufficient size and dimensions to accommodate the development of up to four single family residences. Pursuant to Table L-7 (Future Land Use Element), the proposed R-1-A zoning district is consistent with the LD Future Land Use Map designation. P &Z Board Staff Report FLUM Amendment&Rezoning for The Hamlet Page 3 Based upon the above, a positive finding with respect to Future Land Use Map consistency can be made. REQUIRED FINDINGS: Future Land Use Element Policy_A-7.7: Amendments to the Future Land Use Map must be based upon the following findings: ® Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space, nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The applicant has not submitted data and analysis that verifies the changing demographic or other circumstances that demonstrate the need to change the FLUM designation of the subject property. The applicant has indicated that interest has been received for additional development within the Hamlet "subdivision" and that additional membership would aid in maintaining the country club as a first class facility. The development pattern of the Hamlet is primarily single family residential with similar densities. The availability of vacant land for new single family residential development within the City is becoming depleted. Infill development within existing neighborhoods will provide some of the last opportunities for new single family housing stock in the City when the last significant vacant parcels are developed. The proposed amendment will help fulfill the Comprehensive Plan Housing Element. Based on data and analysis provided in the Housing Element (Table HO-17), the City's projected need for additional single family housing between 1995 and 2005 is 1,051 additional single family residences. This FLUM amendment will provide some of that demand. Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The proposed change will not have a negative influence on the stability of the Hamlet residential development and is consistent with the development pattern of the neighborhood. This change is not inconsistent with any objectives within the Comprehensive Plan. U Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted Concurrency standards. P &Z Board Staff Report FLUM Amendment&Rezoning for The Harriet Page 4 At a density of five dwelling units per acre, four dwelling units could be constructed on the property_ The impact on the adopted concurrency levels will be negligible and easily accommodated by existing public services. ® Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. With exception of one MD (Medium Density 5-12 du/ac) tract, the Hamlet residential development consists of LD designated properties together with the golf course_ The proposed I=LUM designation is consistent with the development pattern of the majority of the Hamlet residential development- 0 Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the land will occur in accordance with the City's Land Development Regulations during the building permit review process. ZONING ANALYSIS REQUIRED FINDINGS: LDR (Chapter 3 PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency was previously discussed under the "Future Land Use Map Amendment Analysis"section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoning_ Actions): Standards B, C and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: P &Z Board Staff Deport FLUM Amendment&Rezoning for The Hamlet Page 5 (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential !Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The subject property is designated as "stable" on the Residential Neighborhood Categorization Map_ The proposed rezoning to R-1-A from OSR would be the appropriate and most restrictive given the same zoning designations of the surrounding "pods"with the Hamlet residential development. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As noted previously, the R-1-A zoning designation is the predominate residential designation within the Hamlet development. The surrounding development pattern is single family residences. The construction of two single family homes will fit seamlessly with the development pattern of the entire subdivision. Section 2.4.5(D)(5) (Rezoni_ng_Findings): Pursuant to Section 2.4.6(13)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; C. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reason for the proposed rezonings is based on all three of the rezoning findings: As noted in the background section of this report, the property was rezoned from R-1-A to OSR as part of the Citywide rezoning in 1990 (established in error). Following this rezoning, the housing demands in Delray Beach have significantly increased since 1990. The need for additional single family housing stock is identified within the Comprehensive Plan (change of circumstances). The proposed LD FLUM and R-1-A zoning designations are compatible and consistent with the development pattern of the P &Z Board Staff Report FLUM Amendment& Rezoning for The Hamlet Page 6 surrounding community (similar intensity). The vacant wooded lot has no known endangered flora or fauna and does not provide a significant habitat. Based on the above, positive findings with all three criteria can be made_ COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. Compliance with the Land Development Regulations will be addressed during the building permit review process. It is noted that the property will need to be platted prior to issuance of a building permit. REVIEW! BY OTHERS The subject property is not within a geographical area requiring review by the Community Redevelopment Agency, Downtown Development Authority or the Historic Preservation Board. Courtesy Notices: Courtesy notices have been provided to the following civic and homeowners associations: • Presidents Council • PROD • The Hamlet Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT The proposed FLUM amendment and Zoning Map change to develop two single family residences on the subject property will be compatible with the surrounding properties. The Hamlet residential development was platted piecemeal and the subject property is a remnant parcel of land that is not associated with the golf course nor platted for residential use. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3,1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings) and 3.2.2 (Standards for Rezoning Actions). Therefore, the proposed FLUM amendment and related zoning change are recommended for approval based on the findings outlined in this report. P &Z Board Staff Report FLUM Amendment&Rezoning for The Hamlet Page 7 ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission for a small scale FLUM Amendment from OS (Open Space) to LD (Low Density 0-5 du/ac) and rezoning from OSR (Open Space and Recreation) to R-1-A (Single Family Residential) for land with a total acreage of 0.978 acres for The Hamlet by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. C_ Move a recommendation of denial to the City Commission for a small scale FLUM Amendment from OS (Open Space) to LD (Low Density 0-5 du/ac) and rezoning from OSR (Open Space and Recreation) to R-1-A (Single Family Residential) for land with a total acreage of 0.978 acres for The Hamlet by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.22 of the Land Development Regulations. STAFF RECOMMENDATION Recommend approval to the City Commission for a small scale FLUM Amendment from OS (Open Space) to LD (Low Density 0-5 du/ac) and rezoning from OSR (Open Space and Recreation) to R-1-A (Single Family Residential) for land with a total acreage of 0.978 acres for The Hamlet by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments_ 0 Future Land Use Map 0 Zoning Map Prepared by: Scott Pape,Senior Planner tiAklLr=T OQLLAR GRrLLE PLAZA WEST AnANw A 0 i ST 5W 1�3 � Ji ¢ S W. SRa S l os os0 - M cwt x ow a.orr1ocu conRr r . u o � J � Q 2 �Iwaoo ofa+.E H CAN AL L 34 LyF m Y S-W y sm sY X CLEARBROPK �� iN OR Q Q a-CAM SWTH Cs€ta_E CASA WAY os Q MD CASITA WAY 1- 0 a 0 a C SINARO MORE k r z a 6 41 Z a U N PROPOSED FUTURE LAND USE MAP AMENDMENT FL CITY OF oaKIN CEP rM FROM OS(OPEN SPACE) 1-O LO(LOW DENSITY RESIDENTIAL 6-5 OU/AC) PI-TfIN1NG Qc ZOr[ING OEPAR T41ENi DiCIfAL SASE MAP SYSTEM -- MAP REF UAMI 4 HAM SA 0 UW E AAA WSl ATANTIC � sT- S� �D i � S w 3+tn ST. os x OY`�� R� Gl.il�� CdklfiS N o� 3 u F La osJ � Q _ F CANAL L 34 �' SY � 5 o� PJA F ro CT � S.W 6TH ST OSR Y © T 0 Q' CLEARMOOIC SCUM CfRC1� U r CASA WAY OSR a osS a V^ V CASfTA WAY s~KA[to O FIORE �r Q a z U 4 PROPOSED ZONING AMENDMENT OFY OF OELRAY REACH.FL PLANMNC& ZONNG OEPARr4EW FROM OSR(OPEN SPACE AND RECREATION) TO R-I-A(SINCFE FAMILY RESIDENTIAL) OIGlrAL &-ISE U4P sYSrEU mW REF Lu331 6 Boca RatwMehy Beach Wows—Friday,June 10,2005- -Gacanews.cm CITY OF DELRAY BEACH -NOTICE OF PROPOSED LAND E CHANGE AND REZONING The City Commission of 16 City of Delray Beach,Florida,proposes to adopt the fol- lowing small scale.amendmeni to the Comprehensive Plan of the City of Delray Bea&: The City Commission will conduct a Public Hearing on Tws 13f11C��i 2005,AT 7:€80 M in the Commission CLwmbers at city Hall, 100 N.W. 1st Avenue,Delray Beach,Florida(or at any continuation of such meeting whioch is set 6y the City Cammission). At this meeting,die City Commission will consider adopting this snail scale amendment to the Future land Use Map of the Comprehensive Plan and the rezoning. The fide of the enacting ordinance is as follaws: ORDINANCE NO, 5 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE RWRE LAND USE MAP DESIGNATION AS CON- TAINED IN THE COMPRF.HEN$NE PLAN FROM OS (OPEN SPACE)TO LD(LOW DENSITY RESIDENTIAL 0-5 DU/AC); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMEN- MENTS;AND REZONING AND PLACING LAND PRESENTLY ZONED OSR(OPEN SPACE AND RECREATION) TO R-1-A(SINGLE FAMILY RESIDEIMAQ DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF GREENSWARD LANE,WITHIN THE HAMLET COUKMY CLUB LOCATED AT THE INTERSECTION OF WEST ATLANTIC AVENUE AND HAMLET DRIVE,AS MORC PAR- TICULARLY DESCRIBED HEREIN;AMENDING"ZONING MAP OF DEIRAY BEACH, FLORIDA,APRIL 2065'; PROVIDING A GENERAL REPEALER CLAUSE,A SAVING CLALLSE,ATE AN EFFECTIVE DATE. All interesied citizens are invited to offend the public hearing and onmmr:nt upon the Future Land Use Mays amendment and rezoning or submit their comments in writing on or before the date of this hearing to the Planning and Zoning Department. For fur- iber information or to nbrain copies of the proposed amendment;please contact Jeff Costello of the Planning-and Zoning Department, 100 N.W. 1st Avenue, Delray Beads, Florida 33414 (email at pzmail@mydelraybeach.com), phone (561)243- 7040,between the hours-of 8:00 a.m.and 5:66 p.m.on weekdays{excluding holi- days1- PLEASE BE ADVISED-THAT IF A PERSON DECIDES Ta APPEAL ANY DECISION" MADE BY THE CITY COMMISSION WITFI RESPECT-TOMANY MATTER CONSIDERED AT THIS HEARING,SUCH PERSON WILL NEED A VERBATIM RECORD OF THE PRO- CEEDINGS,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 SUCH RECORD PURSUANT TO F.S 286-010.5- CITY OF DEIRAY BEACH Chsrelle D.Nubin Oily Clerk .� •' klf-rj `3 'r..'r: ..['r*aEF fy-#�`-":3t'' [.fiVi-_ :i=ii`-=. =alf= �:-i PUBLISH: Friday;June 10,2005 Bom Raton/Delray Beach News Ad4NSQBM5TA ORDINANCE NO. 34-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSTVE PLAN FROM OS (OPEN SPACE) TO LD (LOW DENSITY RESIDENTIAL, 0-5 DU/AC); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED OSR (OPEN SPACE AND RECREATION) TO R-I-A (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF GREENSWARD LANE, WITHIN THE HAMLET COUNTRY CLUB LOCATED AT THE INTERSECTION OF WEST ATLANTIC AVENUE AND HAMLET DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, HAMLET COUNTRY CLUB, INC. is the fee simple owner of a 0.978 acre parcel of land located on the north side of Greensward Lane, within The Hamlet Country Club located at the intersection of Nest Atlantic Avenue and Hamlet Drive;and WHEREAS, the subject properly hereinafter described has an existing Future Land Use Map (FLUM) designation of OS (Open Space); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from OS (Open Space)to LD(Low Density Residential 0-5 du/ac);and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April 2005, as being zoned OSR(Open Space and Recreation) District; and WHEREAS, at its meeting of May 23, 2005, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0 to recommend that the Future Land Use Map amendment and rezoning for the property hereinafter described be approved,based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has 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 PlanDing 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 LD (Low Density Residential 0-5 du/ac). Section 3. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing,pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 4. That the Zoning District Map of the City of Delray Beach,Florida, be, and the same is hereby amended to reflect a zoning classification of R-1-A (Single Family Residential) District for the following described property. A portion of the Northeast quarter (NE 3/4) of Section 24, Township 46 South, Range 42 East,Palm Beach County,Florida, more particularly described as follows: Commencing at the Northeast corner of Section 24; thence S 01' 20' 38"E., along the East line of said Section 24, a distance of 1731.88 feet; thence S 86` 49' 04" W, a distance of 242.61 feet to the point of beginning; thence continue S 86' 49' 04"W, a distance of 60.57 feet to a point of intersection with the North line of Tract V, Fox Hollow, according to the Plat thereof as recorded in Plat Book 47 Pages 106 and 107 of the public records of Palm Beach County, Florida, and the point of curve of a non tangent curve, concave to the southwest, of which the radius point lies S 67' 34' 02"W, a radial distance of 125.00 feet; thence northwesterly along the are of said north line, through a central angle of 103' 40' 09", a distance of 226.17 feet to a point of reverse curvature with a curve concave to the northwest, having a radius of 125.00 feet; thence southwesterly along the arc, through a central angle of 10' 39' 39" E, a distance of 23.26 feet; thence N 05' 45' 04" E, a distance of 173.91 feet; thence N 86° 49' 04"E, a distance of 220.47 feet; thence S 12' 37' 55"E, a 2 ORD NO. 34-05 distance of 84.30 feet; thence S 05' 31' 04"E, a distance of 141.72 feet to the point of beginning. Section 5. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach,Florida, to conform with the provisions of Section 4 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective as follows: thirty-one (3 1) 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 rnade effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive,Tallahassee,Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200 . ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD NO. 34-05 EXHIBIT I Planning and Zoning Board Meeting of April 21,2014 Reconsideration of the Seagate Country Club Villas Rezoning Page 6 GlneralQuesfons From 14S. ,_ huiy Shutt to Mark.,McDonnell 1. Could you please verify how the 2,000 units were calculated. In a letter dated January 18, 1972, the agent for the "Annexation of 353 acres in Section 13, 24, Township 46: Hamlet Country Club"stated the following: ......We have been working with the Zoning Director and the Planning Board and at the present time, have submitted a site plan approval for forty of the 353 acres. We have also submitted a general land use plan for a residential golf community with a maximum of 2,000 units on said tract which is less than six units per acre. If this property is annexed and the site plan for the first phase approved, we will not oppose a zoning change to a higher classification to be adopted in the near future which, -will permit a maxin7um of 2,000 units on the 353 acres. We plan to develop a community with a maximum of 2000 residential units over a period of approximately eight years. The eighteen-hole golf course, clubhouse and related facilities, and the first phase of 366 acres will be constructed in 1971 and will contain 201 units...." The Board discussed the annexation of 353 acres bounded by West Atlantic Avenue, Military Trail, Sherwood Park, and Dover Road. Peninsular Property was represented by Mr. )11f Kelly and Mr. C Clayton of Harland Bartholomew and Associated International Inc., who presented their prospective site plan as well as the annexation request. The overall density is estimated at 5.666 units per acre being a total o{2,000 units with a golf course and other amenities. A motion made by by Mr. Pompey passed unanimously recommending to the City Council that the 353 acres be annexed into the City of Delray Beach as an RM 1A Zoning District... " Please see attached letter from the agent for the project Mr. M. Kelly to Mr. J. Scheisley, Mayor of the City of Delray Beach. 2. Is the legal description of the rezoning Ordinance 66-74 to RM-6 inclusive of the Golf Course. The rezoning includes the 335.72 acres of land, and thus, it appears to include the portion of land where the golf course was eventually built_ Section 2 of Ordinance 66-74 states the following: "..The density for the Hamlet Site Plan Development concept of 353.72 acres concerning the subject property shall be figured on the entire property lying within the Hamlet property line as annexed by Ordinance 44-7.1 of the City of Delray Beach." 3. Was there a recreational requirement in the LDRs at the time of the„original rezoning or at the time of the original subdivision approval The Hamlet Country Club began construction in the mid 1970s- The Hamlet development was annexed into the City in 1971 (see Ordinance # 44 -71 attached). The Hamlet subdivision was developed as a compilation of single family residential plats ("pods") around a golf course (see attached survey and the plats for the existing 15 Hamlet Subdivisions). Each of these subdivisions has been platted with a specific zoning designation (R-1-A, RM-6, etc.) and with a base density of 6 units per acre attached to each of them. Each zoning designation has a specific Land Development Regulation (LDR) requirement of percentage open space that needs to be achieved by each single family unit to be built. There is not an LDR requirement regarding recreational amenities for single family homes. It is upto the property owner to decide on the recreational amenities (such as pool, spa, etc) desired. As indicated in a letter dated June 22, 1981, (see attachment) the Director of Planning and Zoning addressed the zoning and density regulations governing the Greensward Village Planning and Zoning Board Meeting of April 21,2014 Reconsideration of the Seagate Country Club Villas Rezoning Page 7 Subdivision which was the first subdivision created within the Hamlet Development. The Planning Director letter states the following: "The present zoning for Tract 'B" (23.556 acres) which is the Greensward Village subdivision is RM--6 Multiple Family Dwelling District, which allows a nzaximun2 of six (6) units per acre_ The 6.833 acres which comprise the two remaining undeveloped parcels of land within Tract "B"would not be able to be further developed at six (6) units per acre since they are part of the total acreage of Tract "B'; and Tract 'B" is presently developed to maximum density (i.e. 136 units on 23.556 acres). The entire 6.833 acres comprising the nvo undeveloped parcels of land within Tract "B" must remain a part of Greensward Village to insure that the entire tract remains within the RM-6 density limits_ Succession of the two remaining undeveloped parcels from Tract "B"would not be possible as this -would constitute a violation of the present density requirements, since Tract "B" is developed to maximum density". 4_ Maybe staff can go back to the previous 0.978 parcel rezoning approval staff report and see what kind of analysis was done for the last rezoning from OSR to RM The following information was extracted from the Staff Report of the Planning and Zoning Board meeting of May 23, 2005_ The background Section of the report states the following: The property consists of an unplatted wooded parcel within The Hamlet residential subdivision that contains 0.978 acres. The Hamlet subdivision was developed as a compilation of single family residential plats (`pods') around a golf course. The subject parcel is not part of the golf course and is an undeveloped/unplatted remnant of the residential community that is owned by the Hamlet Country Club. The Hamlet Country Club began construction in the mid 1970's and is primarily built-out. The community features a 101 acre golf course with clubhouse and tennis facilities. The Hamlet development was annexed into the City in 1971- This particular property was rezoned from R-I-A (Single Family Residential) to OSR with the Citywide rezoning of October 1990. AFL UM and rezoning request to designations which would accommodate development of two single family residences are now before the Board for consideration. Section 2.4,5(D)(5) (Rezonin Findin s : Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reason for the proposed rezoning is based on all three of the rezoning findings: As noted in the background section of this report, the property was rezoned from R-1-A to OSR as part of the Citywide rezoning in 1990 (established in error). Following this rezoning, the housing demands in Delray Beach have significantly increased since 1990_ The need for additional single family housing stock is identified within the Comprehensive Plan (change of circumstances). The proposed LD FLUM and R-1- A zoning designations are compatible and consistent with the development pattern of the surrounding Planning and Zoning Board Meeting of April 21,2014 Reconsideration of the Seagate Country Club Villas Rezoning Page S community (similar intensity). The vacant wooded lot has no known endangered flora or fauna and does not provide a significant habitat. Based on the above, positive findings with all three criteria can be made. 5. Is the Fox Hollow subdivision part of the Hamlet Yes, the Fox Hollow subdivision is part of the Hamlet development. Please see the attached survey of overall boundary limits for the Hamlet Country Club development. 6. The dedication language that was readable does not specify the uses of the water bodies or olf course land as recreation with the exception of one tract (tract "X" of the Estates IV that was dedicated to the Hamlet Golf and Tennis Club for a park and recreational use. Tract"X"within the Estates IV subdivision is owned by the Seagate Hamlet Country Club LLC. and the correct reference address is 901 Greensward Lane- Recreational Track. That is why it appears dedicated as a recreational amenity land. 7. Some of the dedication language of the plat is unreadable from the PDFs provided. Please find attached an expanded version of the dedication language for each one the 15 subdivision plat ("Pods") that are contained on the Hamlet development. Hopefully this will resolve the clarity of each plat. 8. Please be prepared to have the total acreage, units, and resulting density for each pod in a tabular_ If it is as you have indicated, each pod's density should not exceed the 5 units per acre. The table below confirms that each pod's density does not exceed the 5 units per acre_ 5ubdivisian Nber Total Estimated, ':'Pod'! Name; of Units Acreage Density . 1 Bougainvilla 29 26.44 1.10 -- __--2 The Estates -- 14 „20.26 W� _0.69 - ------------------------- .m - ------ _ -._r - u w_� ------- 3 The Fairways 2 1.28 1.56 4 The _Estates III 12 15.99 0.75 . -----___-5 The Estates N s_ - 9 6.68 1-35 .-. m___... ....6 The Estates 11- V '14 �-20.22 0.69 7 Lakewoode Secion - 9 16.11 0.56 8 Lakewoode Secion _34 15.80 215_ _9__Lakewoode Secion 18 16.10 1.12 - ..,,_._. -10 Fox Hollow m m 27 8.30 3.25 Hollow-- 27---- _ ----_ _ w- 11 Fox Pointe 41 13.50 3.04 ------------ _ --- -�- _wu 12 Arboridge 10 5.38 1.86 13 Evergreen 49 23.60 2.08 __-_---- 14 Pine Lake 39 22.26 1.75 15 The Enclave 9 2.76 3.26 Total 316 214.68 1.47 i i Breto, Estelio From: Robert Covell <rdcovell @gmail.com> Sent: Wednesday,January 01, 2014 2:59 PM To: Breto, Estelio Cc: EDWARD WHALEN;Sue-Ann Levy; Barbara Covell; berenson @comcast.net; dennis arnold; Michael Listick; kligerman.kligerman2 @ gmail.com;jklupt @gmfingroup.com Subject: Future Land Use Map Amendment Hamlet/Seagate Dear Estelio, Welcome back. I hope you had a restful Holiday. I am writing in regard to file 4 2014-027&2014-034 land map amendment and re-zoning request being initiated by the Seagate Country Club Villas Group. Attached below please find is a current photo taken of the area in question. This view is from the south quadrant looking north. You will notice the absence of all trees or any vegetation and evidence that the natural contours of the property have all been graded level. I share this with you and further invite you to visit the google earth web site to view this property and compare the "before and after" images. You will clearly recognize that this land area has been completely decimated. Why? My objection is that the "Landscaping and Tree Mitigation" permit is completely inconsistent with the property owners actions. The City of Delray Beach permit# 13-00145389 approved and dated July 11, 2013 only grants the permission for the selective cutting of 81 trees which were randomly spread across the entire golf course property. Of those 81 trees, 23 trees are specifically located within the lot lines of the property seeking to be amended. My question; how can a complete and total land clearing occur prior to a zoning reclassification approval? Moreover,why is the perr it application mistakenly labeled R-1-A when in fact the golf course property is classified as OS and OSR combined? Knowing that there are distinct environmental sensitivities, especially assigned to these OS boundary parcels, these areas were to be protected under the City of DB previous ruling dated June 1996. Whereupon the Hamlet community strongly voted in favor as a measure to "preserve and protect the natural state of these boundaries for the sake of their property views and it's natural wildlife inhabitants". Further,the tree mitigation plan, which is attached to this permit, identifies the precise species of the 23 trees to be "removed and replaced with same sized trees" but does not state "when nor where" these replacement trees are to be returned on the property. Assuming the applicant hopes to build structures,how can these previously forested properties be replanted in a similar manner to "preserve and protect" the adjoining property owners natural views? The inconsistencies here, in my opinion, are obvious and lead one to varied conclusions as to the honesty of the owners intent to comply. As a homeowner,here in this community, I am very disturbed by Seagate's careless actions. Additionally, being that a portion of the Seagate re-zoning application stipulates a request to change areas of "parcel 3" along with areas of"parcel4" from OS (open space) to LD (low density residential with 5 units per acre) and then what appears to "exchange" land use designations on "parcel 8" to OS/OSR, is in essence, an attempt to "swap or replace" the land so that more housing/time share/condos can be built. This by itself, /find to be highly unusual. First, because the land area "exchange" is NOT an even land "swap". It is apparent that the combined land area of"parcels 3 &4" is far greater than the meager land area of"parcel 8". Parcel 8 is, at best, what appears as a very narrow curbside landscape feature and NOT the natural tree like forested environment boundary as it should be. Also, the OS natural boundary original 'intent is meant to protect the views of the homeowners bounded to the north side NOT the view from the street side bounded on the south side of this property_ Unfortunately, Seagate seems to have a careless regard in a manner in which they believe natural settings can be "moved,transported, condensed or displaced". Many homeowners here find this to be unacceptable and sadly believe that the blatant,vast destruction of trees has already proven that the property owner is no friend of nature,nor should they be permitted to build higher density housing on this lot. For these reasons-, the current R-1-A/OS I OSR boundaries and classifications should remain unchanged. Allowing the LD re-zoning, (which conceivably could possibly allow up to 10 or more time share/ condos and/or adjoined buildings) does NOT fit the residential neighborhood character. I believe leaving the R-1-A classification, as it stands, would still allow for 2 adequate single family residences which distinctly fit within the character of this community and preserve the natural OS boundaries, as intended, provided they all be replanted. Your special consideration of these observations and concerns is greatly appreciated. Thank you, Robert& Barbara Covell 600 Pine Lake Drive Delray Beach Sent from my iPad Begin forwarded message: Froth: Robert Covell<rdcovell@ mail.com> Date: January 1, 2014 1:22:12 PM EST To: Covell <rdeovell mail.corn> z Breto, Estelio From: Miller, Diane Sent: Monday, December 09, 2013 1:34 PM To: Breto, Estelio Subject: FW: SEAGATE/Hamlet rezoning meeting FYI Ciane Executive Assisfani to Paul Dorling Pianzniag&Zoning Dept. City of Delray Beach 100 NW 1s+Avenue Delray Beach Fl.33444 561-243-7041 (Office) 551-243-7221 (Fax) millerd @iny di elraybeach.com From: berenson(c comcast,net [mailto:berenson @comcast.net] Sent: Monday, December 09, 2013 7:44 AM To: PZmail M Delra Beach.com Cc: Berenson, Paul S. Subject: SEAGATE/Hamlet rezoning meeting Dear Mr., Breto: I am a new home owner at the Hamlet and live within the 500 feet of the new proposed rezoning and will be attending this meeting. In the meantime can you tell me what Seagate is proposing to build if the get approval? And how was Seagate "permitted" to cut hundreds of trees down on the J lot PRIOR to getting the necessary "zoning approval" passed and then properly submit to Peter Arnau and to the City for a land clearing permit? Was this done illegally? I bought this house because of the long expansive view and open spaces. Now I am in jeopardy of loosing this because of what is being proposed. Sincerely Paul Berenson 743 Pine Lake Drive Delray Beach 561 270 3612 FE LC �l FEB 12 H1' ?� DICKER, KRiVOK & S°TOLOFF, PA. ATTORNM AT LAW ,�,G {° tl g r 1818 AUSTRALIAN AVENUE SOUTH SUITE 400 WEST PALM BEACH, FLORIDA 33409 EDWARD DICKER TELEPHONE JAMES N. KRIVOK (561)615.0123 SCOTT A.STOLOFF LAURIE G.MANOFF FAX JOHN R-SHEPPARD,JR. February 11, 2014 (561)615-0128 City of Delray Beach Planning and Zoning Department 100 NW First Avenue Delray Beach, FL 33444 Attn. Estelia Breto, Senior Planner RE: HHC Seagate, LLC /Hamlet Residents Association,Inc. HHC Seagate Petition for Rezoning of Parcel J Dear Ms. Breto: On December 12, 2013, I wrote a letter("Letter")to the City on behalf of our client, Hamlet Residents Associations, Inc._("HRA"} in regard to H_HC Seagate;LLC's Petition for Rezoning of its Parcel'"J" identified in the public records as Parcel Code No: 12-42=46-24-00- 000-1014 for residential development. In the'Letter, I stated that the Grant of Easement given by HRA to Seagate to use HRA's private streets and roadways was "solely to the extent that it is reasonable and necessary for the operation and maintenance of the Club Property as a first-class private country club." That statement was based upon express terms and conditions that were set forth in the written Grant of Easement that was given by HRA to Seagate in connection with Seagate's purchase of the Club Property. To that extent, my prior statement was correct. However, subsequent to my writing the Letter, Seagate provided HRA and me with separate, additional documentation that grants to all owners or occupants of any parcel within the Hamlet P.U.D. an easement to use Hamlet's private streets and roadways to provide access for ingress and egress to any parcel regardless of the purpose to which the property is being put. Based upon that additional documentation furnished by Seagate, / write on behalf of HRA to retract HRA's prior contention that the owners of Parcel J will have no fright to use HRA's private streets as access for ingress.and egress to Parcel J if that parcel is permitted to be developed for residential purposes. 'HRA hereby acknowledges that access to Parcel J is no longer.an'issue and therefore should not be considered by�the City and/or its staff'in determining-whether Seagate's rezoning Petition should or should not be approved: _ If you have any questions regarding this letter, please feel free to contact me. ry truly yours, I JAMES N. KRIVOK For the Firm JNK/bj l cc: HHC Seagate, LLC Hamlet Residents Association fad 13 1410:13p SandyTohias 561-381-5110 p.1 i i Mr. Estelio greto February 4, 2014 (e-mail: pzmail @mydeiraybeach_com) Planning and Zoning Department City of Defray Beach 100 NW 1'z Avenue Delray Beach, FL 3344.4 Re: Future land Use Map amendment and Rezoning for Seagate Country Club Villas Dear Mr. Breto: I am responding to the Planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called .l-Property in order to build five luxury villas. Tony Wilson, CEO, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a few, responded most favorably. As I understand, in 2005 the Hamlet Country Club rezoned this property from recreational to residential. l am a homeowner in the Seagate Country Club at the Harslet and feel strongly that this proposed project, as indicated on the location map, will benefit the entire community. a believe the sale of five new homes and the addition of five new member families to the Hamlet Residents Association will increase property values and continue the renaissance that the Seagate purchase of the Hamlet Country Club started. Please accept this fax as my "affirmative" vote for this rezoning change. Many thanks, Signaturep v Print Name: Address: l Delray Beach, Florida 33445 eb 13 1410:14p Sandy Tobias 561-381-5110 p.2 Mr. Estelio Breto February 4, 2014 (e-mail_ pzmail @mydelraybeach.corn) Planning and Zoning Department City of Delray Beach 100 NW I"'Avenue Delray Beach, FL 33444 Re: Future Land Use Map amendment and Rezoning for Seagate Country Club Villas Dear Mr. Breto: I am responding to the planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called .I-Property in order to build five luxury villas. Tony Wilson, CEO, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a few, responded most favorably. As I understand, in 2005 the Hamlet Country Club rezoned this property from recreational to residential. I am a homeowner in the Seagate Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location map, will benefit the entire community. I believe the sale of five new homes and the additions of five new member families to the Hamlet Residents Association will increase property values and continue the renaissance that the Seagate purchase of the Hamlet Country Club started. Please accept this fax as my "affirmative" vote for this rezoning change. Many thanks, Signature_ Print Name:_ 6Ln E—J- Address, CL -r Delray Beach, Florida 33445 eb 131410;14p Sandy Tobias 561-381-5110 p.3 Mr. E5telio Breto February 4, 2014 (e-mail: pzrnail @rnydeiraybeach.com) Planning and Zoning Department City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33444 Re: Future Land Use Map amendment and Rezoning for Seagate Country Club Villas Dear Mr. B reto: am responding to the Planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called J-Property in order to build five luxury villas. Tony Wilson, CEO, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a few, responded most favorably_ As I understand, in 2005 the Hamlet Country Club rezoned this property from recreational to residential I am a homeowner in the Seagate Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location reap, will benefit the entire community. I believe the sale of five new homes and the addition of five new member families to the Hamlet Residents Association will increase property values and continue the renaissance that the Seagate purchase of the Hamlet Country Club started. Please accept this fax as my "affirmative" vote for this rezoning change. Many thanks, A. f Signature Print Name: k� ot c� !V Address: Ss _ Ir 0 L Delray Beach, Florida 33445 =eb 13 1410:14p Sandy Tobias 5617381-5110 p.4 Mr. Fstelio Breto February 4, 2014- (e-mail: pzmail @mydelraybeach.com) Planning and Zoning Department City of Delray Beach 100 NW 35t Avenue Delray Beach, FL 33444 Re_ Future Land Use Map amendment and rezoning for Seagate Country Club Villas Dear Mr. Breto: I am responding to the Planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called .I-Property in order to build five luxury villas. Tony Wilson, CEO, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a few, responded most favorably. As I understand, in 2005 the Hamlet Country Club rezoned this property from recreational to residential_ I am a homeowner in the Seagate Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location map, will benefit the entire community. ! believe the sale of five new homes and the addition of five new member families to the Hamlet residents Association will increase property values and continue the renaissance that the Seagate purchase of the Hamlet Country Club started. Please accept this fax as my "affirmative" vote for this rezoning change_ Many thanks, Signature Print Narne: Z• 6 (-c) VJ Address: cf. V e4z, Delray Beach, Florida 33445 eb 13 1410:15p 5andyTabfas 561-381-5110 p.5 Mr. Estelio Breto February 4, 2014 �e-mail: pzmaii @mydeiraybeach.com) Planning and Zoning Department City of Defray Beach 140 NW 1 Avenue Delray Beach, FL 33444 Re: Future Land Use Map amendment and Rezoning for Seagate Country Club Villas Dear Mr. Breto: I am responding to the Planning and Zoning meeting notice posted in the Seagate-- Harnlet on the subject of rezoning the so-called .I-Property in order to build five luxury villas. Tony Wilson, CEO, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a few, responded most favorably. As I understand, in 2005 the Hamlet Country Club rezoned this property from recreational to residential. I am a homeowner in the Seagate Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location map, will benefit the entire community. I believe the sale of five new homes and the addition of five new member families to the Hamlet Residents Association will increase property values and continue the renaissance that the Seagate purchase of the Hamlet Gauntry Club started_ Please accept this fax as my"affirmative" vote for'this rezoning change. Many thanks, f Signature Z Print Dame: Address: Delray Beach, Florida 33445 ab061412:53p Sandy Tobias 561-381-5110 p.1 Mr. Fstelio Breto February 4, 2014 (e--mail: pzmaii@mydelraybeach.com) Planning and Zoning Department City of Delray Beach nDRECENE DO 100 NON V Avenue s-- Delray Beach, FL 33444 l FEB 0 6 M4 Re: Future Land Use Map amendment and Rezoning for &ZONING Seagate Country Club Villas Dear Mr. Breto: I am responding to the Planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called .1-Property in order to build five luxury villas. Tony Wilson, CFO, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a few, responded most favorably, As I understand, in 2005 the Hamlet Country Club rezoned this property from recreational to residential. am a homeowner in the Seagate Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location map, will benefit the entire community. I believe the sale of five new homes and the addition of five new member families to the Hamlet. Residents Association will increase property values and continue the renaissance that the Seagate purchase of the Hamlet Country club started. Please accept this fax as my "affirmative" vote for this rezoning change. Many thanks, -.._..: Signature `. Print Name; Address: ` + Of C L ; Delray Beach, Florida 33445 -ob 06 1412:53p Sandy Tobias 561-381-5110 p.2 Mr. Estelio Breto February 4, 2014 (e-mail: pzmail @mydelraybeach.com) Planning and Zoning Department City of Delay Beach 100 NW 1 Avenue � FEB � ?�l� Delray Beach, FL 33444 , i Re: Future Land Use Map amendment and Rezoning For PLANNING&ZONING, Seagate Country Club Villas Dear Mr. Breto: I am responding to the Planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called ]-Property in order to build five luxury villas. Tony Wilson, CEO, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a few, responded most favorably. As I understand, in 2005 the Hamlet Country Club rezoned this property from recreational to residential. am a homeowner in the Seagate Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location map, will benefit the entire community. I believe the sale of five new homes and the addition of five new member families to the Hamlet Residents dissociation will increase property values and continue the renaissance that the Seagate purchase of the Hamlet Country Club started. Please accept this fax as my"affirmative"vote for this rezoning change. Many thanks, J 2 ; Signature Q Print blame: d f rJ-- Address: � 3 a e 142 004-_ rc.l °S 1 Delray Beach, Florida 33445 =eb 06 1412:54p Sandy Tobias 561-381-5110 p,3 Mr_ Estelio Breto February 4, 2014 (e-mail- pzrnail @rnydelraybeach.com) Planning and Zoning Department City of Delray Beach [� 100 NW VAvenue Delray Beach, FL 33444 FEB 0 6 ?014 Re: Future Land Use Map amendment and Rezoning for Li � ` �ZD���NG Seagate Country Club Villas Dear Mr. Breto: am responding to the Planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called J-Property in order to build five luxury villas- Tony Wilson, CEO, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a ferny, responded most favorably. As I understand, in 2005 the Hamlet Country Club rezoned this property from recreational to residential. I am a homeowner in the Seagate Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location map, will benefit the entire community. I believe the sale of five new homes and the addition of five new member families to the Hamlet Residents Association will increase property values and continue the renaissance that the Seagate purchase of the Hamlet Country Club started. Please accept this fax as my "affirmative" vote for this rezoning change. Many thanks, i Signature Print Name: Address: Delray Beach, Florida 33445 Deb 101401:58p Sandy Tobias 561-381-5110 p.1 i i Mr. Estelio Breto February 4, 2014 (e-mail: pzmail @mydelraybeach.corn) Planning and Zoning Department City of Delray Beach 100 NW I"Avenue Delray beach, FL 33444 Re: Future Land Use Map amendment and Rezoning for Seagate Country Club Villas Dear Mr. Breto: I am responding to the Planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called J--Property in order to build five luxury villas. Tony Wilson, CEO, presented Seagate's intent at a meeting open to the community, a .standing room only crowd, which, with the objection of a few, responded most favorably_ As l understand, in 2005 the Hamlet Country Club rezoned this property from recreational to residential_ l am a homeowner in the Seagate Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location asap, will benefit the entire. community. ' l believe the sale of five new homes and the addition of fine new member families to the Hamlet Residents Association will increase property values and continue the renaissance that the Seagate purchase of the Hamlet Country Club started. Please accept this fax as my ""affirmative" vote forthis rezoning change. Many thanks, 7 Signature Print Narne: ; CL L-.r-� S` Address: " Delray Beach, Florida 33445 eb 09 14 03:59p Sandy Tobias 561-381-5110 p,1 I I I Mr. Fstelio Breto February 4, 2014 (e-mail: pzmail@rnydelraybeach.com) Planning and Zoning Department City of Delray Beach 100 NW I" Avenue Delray Beach, FL 33444 Re: Future Land Use Map amendment and Rezoning for Seagate Country Club Villas Dear Mr. Breto: ` I am responding to the Planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called J-Property in order to build five luxury villas. Tony Wilson, CFO, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a few, responded most favorably. As I understand, in 2005 the Hamlet Country Club rezoned this property from recreational to residential. I am a homeowner in the Seagate Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location map, will benefit the entire community. I believe the sale of five new homes and the addition of five new member families to the Hamlet Residents Association will increase property values and continue the renaissance that the Seagate purchase of the Hamlet Country Club started. Please accept this fax as my "affirmative" vote for this rezoning change_ Many thanks, Signature Print Name: YN -- C- v s C>Y. Address: o o clo- C► Delray Beach, Florida 33445 =eb091403:59p Sandy Tobias 561.381-5110 p.2 Mr_ Estelio Breto February 4, 2014 (e-mail: pzmail @mydeirayheach_com) Planning and Zoning Department City of Delray Beach 100 NW V Avenue Delray Beach, FE 33444 Re: Future Land Use Map amendment and rezoning for Seagate Country Club Villas Dear Mr. Breto: I am responding to the Planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called .l-Property in order to build five luxury villas. Tony Wilson, CEO, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a few, responded most favorably. As I understand, in 2005 the Hamlet Country Club rezoned this property from recreational to residential. I am a homeowner in the Seagate Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location map, will benefit the entire community. I believe the sale of five new homes and the addition of five new member families to the Hamlet Residents Association will increase property values and continue the renaissance that the Seagate purchase of the Hamlet Country Club started. Please accept this fax as my "affirmative" vote forthis rezoning change. Many thanks, Signature 1 i' Print Name: Address: Delray Beach, Florida 33445 Bob 07 14 10:04a J 1 p.1 lb 06 1404:01 p SandyTabias 5£' 81-5110 p.1 Mr. Estelio Breto Z_,_� February 4, 2014 (e-mail. pzrnailCcOrnydelraybeach.corn) Planning and Zoning Department City of C)elray Beach 184 NW I Avenue Delray Beach, FL 33444 Re: Future Land Use Map amendment and Rezoning for Seagate Country Club Villas Dean Mr. Breto: I am responding to the Punning and Zoning meeting notice posted in the Seagate- Harslet on the subject of rezoning the so-called )-Property in order to build five luxury villas. Tony Wilson, CI=D, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a few, responded most favorably. As I understand, in 2405 the Harslet Country Club rezoned this property from recreational to residential. I am a homeowner in the Seagate Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location reap, will benefit the entire community. l believe the sale of five new horses and the addition of five new member families to the Hamlet Residents association will increase property values and cchtinue the renaissance that the Seagate purchase of the Hamlet Country Club started. Please accept this fax as my "affirmative" vote for this rezoning change. Many thanks, Signature Print Name: Andress: IJ � 5 LGI � Delray Beach, Florida 33445 CARNEY STANTON P.L. Attorneys At Law -135 S.E.5.1H AVENUE,SUITE 202 DELRAY BEACH,FLORIDA 33483 TEL: (561)278-5565 FAX: (561)330-8233 EMAIL: tfc rr,carne•ysnnton.coin. January-22, 2014 Mr. Mark McDonnell Director,Planning and Zoning Department City of Delray Beach 100 N.W. 1st Avenue . Delray Beach, FL 33444 In Re: Follow--up on.letter received froin.Hamlet Residents Association. Dear Mr. McDonnell: In Ru-Lheranee of-our meeting last Friday, this is to update you on our communications with the Hamlet Residents Association(HRA) since your receipt of their attorney's letter dated December 12,2013'. First, it, is important to remwnbet that Mr. Kirvok's letter was written for the purpose of postponing the consideration bythe Planning &Zoning Board at its December, 2013 meeting of HHC Seagate Hamlet's (HHC) application.to rezone certain property with the Hamlet from 4S to R-1-A. in order to create five (5) residential lots (current zoning would allow 3). At that time, HHC had not met with the represeptatives of the HRA regarding the project and there was apparelttly a lot of confusion as to HHC's'plans (these concerns included a worry that 10+ condominium/timeshare type uliits could be built there). These rumors couldn't be further from.. the truth. Mr. Krivok was concerned that having-the meeting prior to meeting with the HRA was hasty.. Although the consent of the FTRA.is not required; in the spirit of cooperation,HHC met with the residents on. January 2, 2014 and gave those in attendance a presentation as to what HHC is planning to construct on the five lots. Atmndance at this meeting was strong(80-100+). I have attached hero (and have previously provided you with) a copy of the drawing we presented at that meef g. As you can See (arid what the residents saw) is the plan to construct 5 single family luxury homes on the five lots. In my conversation with Mr. Krivok yesterday,he stated that the vast majority of the residents who atteiided the meeting were in complete support of HHC's plans. I have also had a number of conversations with tesidents to discuss the plans. The rezoning and FLUM amendment requests are fully consistent and compatible with the surroLmding neighborhood,are consistent with City of Delray Beach's Future Land Use Element Goals, Objectives, and Policies, and the property is being developed in a manner so that the use and intensity is appropriate and complimentary to adjacent land uses. We look Forward to moving forward with the building of 5 luxury homes in the Hamlet. Sincerely, CARNEY STANTON P.L. By: Thomas F. Carney, Jr.,Esq. Attorneys For HHC Seagate Hamlet TFC/any cc: E: Anthony Wilton Estelio Breto,Del.rayBeach.Planning and Zoning Mr. Estelio Oreto (Fax# 561.243.7221) January 23, 2014 (e-mail: pzmaii @mydeiraybeach.com) Planning and Zoning Department City of Delray Beach 100 NW 1$1 Avenue Delray Beach, FL 33444 Re: Future Land Use Map amendment and Rezoning for Seagate Country Club Villas Dear Mr, Breto: i am responding to the Planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called J-Property in order to build five luxury villas, Tony Wilson, CEO, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a few, responded most favorably. As I understand, in 2005 the Hamlet Country Club rezoned this property from recreational to residential. I am a homeowner in the Seagate Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location map, will benefit the entire community. I believe the sale of five new homes and the addition of five new member families to the Hamlet Residents Association will increase property values and continue the renaissance that the Seagate purchase of the Hamlet Country Club started. Please accept this fax as my "affirmative" vote for this rezoning change. Many thanks, Signature Print Name:� c�a+r Address: ISS s Delray Beach, Florida 33445 Nlr. Estel'io Breto (Fax# 561--243-7221..) January 23, 2014 (e-mail: pzmail @mydelraybeach.corn), Manning and Zoning Department City of Delray Beach 100 NW I" Avenue Delray Beach, FL 33444 Re. Future Land Use Map amendment and Rezoning for Seagate Country Club Villas Dear Mr. Breto: 1 am responding to the Planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called 1-Property in order to build five luxury villas, Tony Wilson., CEO, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a fow, responded most favorably. As l understand, in 2005 the Hamlet Country Club rezoned this property from recreational to residential. 1 am a homeowner in the .Seagate .Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location map, will benefit the entire community. i believe the sale of five now homes and the addition of five new member families to the Hamlet Residents Association will increase property values and con inue time. renaissance that the Seagate purchase of the Hamlet Country Club started_ Please accept this fax�s my "affirmative" vote for this rezoning change. Many thanks, Signature Pr'int Name: Address:, �' 3 1 4t L—cwoozq Delray Beach, Florida 33445 Miller, Diane From: Judy Celentani <Judy.Celentani @cbrands.com> Sent: Thursday, January 23, 2014 1:S0 PM To: PZmail @MyDeirayBeach.com Subject: The Hamlet To the Zoning Department: As a homeowner in The Hamlet, I believe Seagate has greatly improved our living experience here. The community is now first class and our homes have increased in value since Seagate has taken over the clubhouse and golf course and made numerous improvements. Therefore, I support Seagate's zoning request. Your favorable decision will enhance our community. Thank you. Judy Celentani 4872 Pineview Circle Delray Beach, FL 33445 Miller, Diane From: Ginny Clark <ginnyclark3 @hotmail.com> Sent: Thursday,January 23, 2014 2:36 PM To: PZmail @MyDelraySeach.com Subject: Hamlet- Rezoning To Whom.it inay concerti As a new and very happy homeow. ner, I an,very much in favor of the requested Seagate zoning, Seagate has done a tremendous job with the many improvements to our area. They have greatly enhanced.mine and my husbands experience. My husband and I would not have bought in this community had not been for the sigD if cant investment that Seagate has put into this development. Its an honor and privilege to Jive here ---and I corrnnend the Seagate team for the first class improvements they have made, including the golf course, club house and surrow-iding areas. I look forward to seeing more great things to come from Seagate as I begin to enjoy my future as a new homeowner in the Hamlet community! Respectfully submitted: Virginia.and Robert Clark 5001 Pinevie��, Circle i Breto, Esteho From: Miller, Diane .Sent: Monday, December 09, 2013 1:34 PM To: Breto, Estelio Subject: FW:SEAGATE/Hamlet rezoning meeting FYI Uiane Executive Assisfant to Paul Dorling Planning&Zoning Depf- Cify of Delray Beach 100 N-V 15'Avemie Delray Beach,Fl.33444 561-243-7041(Office) 561-243-7221 (Fax) naillerdQmilcf-elra ybeaeh_cortt From: Berenson @comcast.net[mailto:berenson comcast.ngt] Sent: Monday, December 09, 2013 7:44 AM Tai: PZmail @MyQelraySeach.co_m Cc: Berenson, Paul S. Subject: SEAGATE/Hamlet rezoning meeting Dear Mr., Breto: I am a new home owner at the Hamlet and lave within the 500 feet of the new proposed rezoning and will be attending this meeting. In the meantime can you tell me what Seagate is proposing to build if the get approval? And how was Seagate "permitted" to cut hundreds of trees down on the J lot PRIOR to getting the necessary "zoning approval" passed and then properly submit to Peter Arnau and to the City for a land clearing permit? Was this done illegally? I bought this house because of the long expansive view and open spaces. Now I am in jeopardy of loosing this because of what is being proposed. Sincerely Paul Berenson 743 Pine Lake Drive Delray Beach 561 270 361.2 ORDINACE NO. 44-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LANDS LYING IN SECTIONS 13 and 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS: PRO- VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, NELSON E. COONS, Trustee, is the fee simple owner of the lands hereinafter described, and WHEREAS, M. V. KELLY, duly Authorized Agent, in be- half of Nelson E. Coons, Trustee, has petitioned and given permission for the annexation of said lands by the City of Delray Beach, and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida;and WHEREAS, the annexation of these lands hereinafter described, in the RM-lA Multiple Family Dwelling District, has been recommended by the Planning and Zoning Board in action taken at its meeting held on December 21, 1971; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described lands located in Sections 13 and 24, Township 46 South, Range 42 East, Palm Beach County, Florida, which lie contiguous to said City, to wit: The North half (N 1/2) of Section 24, Township 46 South, Range 42 East, Palm Beach County, Florida, less the following described parcels: THE North 524.0 feet of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of said Section 24, THE North 524.0 feet of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of said Section 24. THE North 40 feet of the East three-quarters (E 3/4) of the Northeast Quarter (NE 1/4) of said Section 24. THE North 40 feet of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of said Section 24. THE West 50 feet of the North half (N 1/2) of said Section 24. AND also less the right-of-way of Forest Road as recorded in Official Record Book 1181 on page 552, public records of Palm Beach County, Florida and also less the South 40 feet thereof as right-of-way for L.W.D.D. Lateral canal No. 35, as recorded in Official Record Book 483 on page 576. TOGETHER with that part of the East three-quarters (E 3/4) of the South half (S 1/2) of the Southeast Quarter (SE 1/4) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida, lying South of the South right-of-way line of State Road No. 806 (Delray West Road) as shown in Road Plat Book 3 on page 27, public records of Palm Beach County, Florida, less the following described parcel; COMMENCING at the Northeast corner of the said East three-quarters (E 3/4) of the South half (S 1/2) of the Southeast Quarter (SE 1/4) of Section 13; thence Southerly, along the East line of said Section 13, a distance of 24.77 feet to an intersection with the said South right-of-way line of State Road No. 806, said intersection being the Point of Beginning; thence continue Southerly, along the said East line of Section 13, a distance of 15.23 feet to an intersection with a line 40.0 feet .South of, as measured at right angles, and parallel with the North line of the said East three- quarters (E 3/4) of the South one-half (S 1/2) of the Southeast Quarter (SE 1/4) of Section 13; thence Westerly, along said parallel line, a distance of 219.20 feet to an intersection with the said South right-of-way line of State Road No. 806; thence Northeasterly, along the said South right-of-way line of State Road No. 806 to the Point of Beginning. The above description containing 353.72 acres, more or less. SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above described tract of land, and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the land hereinabove described is hereby declared to be in Zoning District RM-lA as defined by existing ordinances of the City of Delray Beach, Florida. SECTION 4. That the land hereinabove described shall immmediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, and persons residing thereon shall be deemed citizens of the City of Delray Beach. SECTION 5. That if any word, phrase, clause, sentence or part of this Ordinance shall be declared illegal by a court of competent jurisdiction, such record of illegality shall in no way affect the remaining portion. PASSED and ADOPTED in regular session on the second and final reading on the 24th day of January ► 1979 - M A 0 R ATTEST: City C er First Reading December 27 , 1971_ Second Reading January 24. 197,22. Public Hearing January 10, 1972. PLANNING CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE January 27, 2014 ITEM: Privately-initiated Future Land Use Map Amendment (FLUM) for Seagate Country Club Villas which includes three undeveloped parcels of land: Parcels 3 and 4 from OS (Open Space) to LD (Residential Low Density 0-5 units/acre) and Rezoning from OSR (Open Space & Recreation) to R-1-A (Residential Single Family), and for Parcel 8, from LD (Residential Low Density 0-5 units/acre) to OS (Open Space) and Rezoning from R-1-A (Residential Single Family) to OSR (Open Space & Recreation). Parcels 3 and 4 measure 0.36 acres each; and Parcel 8 measures 0-02 acres. The three Parcels together measure 0.74 acres and are located on the north side of Greensward Lane, within the Seagate Country Club Residential Development at the Harslet. GENERAL DATA: Agent..................................... Garret Graue, VP, HHC Florida, LLC 5.". ap Location............__..................... North side of Greensward Lane, within the Seagate Country Club Development at the Hamlet. Property Size ............................ Parcel 3 = 0.36 acres; Parcel 4 = 0.36; and Parcel 8 = 0.02 acres-, Total of 0.74 acres. Existing FLUM........................... Parcels 3 and 4, OS (Open Space), Parcel ! ! --------- j 8, LD (Residential Low Density 0-5 - units/acre) Proposed FLUM......................... Parcel 3 and 4, LD (Residential Low Density 0-5 units/acre) and Parcel 8 OS (Open Space) Current Zoning............................ Parcel 3 and 4, OSR (Open Space & Recreation and Parcel 8, R-1-A(Residential Single Family) Proposed Zoning Parcels 3 and Parcel 4, R-1-A Residential Single Family), and Parcel 8, OSR (Open _ Space & Recreation) fl~tip :��" Adjacent Zoning............... North: OSR (Open Space & Recreation) East: OSR (Open Space & Recreation) South: R-1-A(Residential Single Family) West: OSR (Open Space & Recreation) `"""` "5 �Q ow s Existing Land Use...................... Vacant undeveloped 0 GCv4n[� Proposed Land Use.................... Single Family Homes Water Service........................ Available via connection to an 12" water main located along Greensward Lane r- ow. There is fire hydrant located I r approximately 300' away from the subject property on the south side of � ; Greensward Lane R i Sewer Service.................... . . Available via connection to an 8" Sewer main located along Greensward Lane r-o-w. The item before the Board is that of making a recommendation to the City Commission on a privately-initiated small-scale Future Land Use Map (FLUM) amendment and rezoning for Seagate Country Club Villas, three undeveloped parcels of land: Parcel 3 and 4 that measure 0.36 acres each and Parcel 8 that measures 0.02 acres and are located on the north side of Greensward Lane, within the Seagate Country Club residential development at the Hamlet. The proposed requests include changing the existing FLUM designations as follows: for Parcels 3 and 4 from OS (Open Space) to LD (Residential Low Density 0-5 units/acre) and rezoning from OSR (Open Space & Recreation) to R-1-A (Residential Single Family); and for Parcel 8 from LID (Residential Low Density 0-5 units/acre) to OS (Open Space) and Rezoning from R-1-A (Residential Single Family) to OSR (Open Space & Recreation). A general description of the property requested for FLUM amendment and rezoning will include the following: • Parcels 1, 2, and 5 (see Exhibit "C" attached) are currently zoned R-I-A and will support three residential units of a type consistent with the surrounding neighborhood; • Parcels 3 and 4 are zoned OSR and are part of the Golf Course, and will be rezoned R-1-A to create two additional parcels that will support two additional residential units; • Parcel 6 and 7 are zoned OSR (Open Space & Recreation) and will maintain its current zoning; • Parcel 8 which is currently zoned R-1-A will be rezoned to OSR It is noted that Objective A-3 of the Comprehensive Plan states that the development or utilization of remaining vacant land shall provide for the creation and retention of open space and the retention of natural resources. Several neighbors contacted the City concerned over trees being removed (see attached letter from Mr. Robert Covell)_ Only recently was it recalled that a tree removal and mitigation plan had previously been approved, which was not initially conveyed to the concerned neighbors. The subject property previously contained a large number of canopy trees. On July 3, 2013, the City approved a tree removal and mitigation plan to compensate for the landscape material removed. This issue is addressed later under the Required Findings of Consistency section of this staff report. In addition, the Planning Department has also received a letter from Mr. James Krivok, of Dicker, Krivok, & Stoloff, Attorneys at Law, representing the Hamlet Residents Association, Inc., (HRA) expressing the concerns of the residents in relation to the requested rezoning and FLUM amendment of the property. The applicant has submitted a letter (see attached) and according to his view the residents' concerns have been addressed. ��r-r � ..._�t.'r ' N�.. `I .}! F {�./1}�ll'\� �O t.. 111 ❑�� ��IL`Y S'l;�S� i a. f i�w x�s�� ! "t r F . '„ The Hamlet subdivision is located on the south side of West Atlantic Avenue, approximately 1,200 feet west of Homewood Boulevard and encompasses several zoning classifications, including R-1- A (Single Family Residential), RL (Low Density Residential), RM (Medium Density Residential), OS (Open Space) and OSR (Open Space and Recreation), on 331 acres. The Hamlet Country Club began construction in the mid 1970s and is primarily built-out. The community features a 101 acre golf course with clubhouse and tennis facilities. The Hamlet development was annexed into the City in 1971. Prior Actions The overall development has an extensive history of land use actions. During the years 2006, 2007, and 2008, several site plan modifications were approved by the Site Plan Review and Appearance Board (SPRAB) including the installation of landscape materials within the common Planning &Zoning Board Sta =port—January 27,2014 Seagate Country Club Villas c_!.ne Hamlet—Small-Scale FLUM Amendment a ,rezoning Page 2 area along the West Atlantic Avenue frontage; the construction of a new guardhouse, widening of the entry-way egress/ingress and associated landscaping; and, the installation of a 1,800 L.F. prefabricated masonry wall along Military Trail coupled with the formation of a 2' berm adjacent to the wall with associated landscaping. On August 22, 2007, the Site Plan Review and Appearance Board (SPRAB) approved the Hamlet Country Club renovations for the clubhouse and associated landscaping. During site inspections it was discovered that changes with respect to the approved landscape materials and approved sidewalk locations were made. At its meeting of December 18, 2008, SPRAB approved a Class 11 site plan modification and landscape plan to address the inconsistencies with the previously approved plans. These improvements included reconfiguring the two end golf cart parking tiers from double loaded tiers to single loaded tiers and an extension of the sidewalk adjacent to the handicapped parking spaces on the west side of the clubhouse. The Hamlet subdivision was developed as a compilation of single family residential plats ("pods") around a golf course. The three properties that are part of the proposed FLUM amendment and rezoning are adjacent to the golf course. On its meeting of May 23, 2005, the City Commission approved under Ordinance # 34-05, a privately initiated small scale Future Land Use Plan amendment from OS (open space) to LD (Low Density Residential 0-5 units/acre and rezoning from OSR (Open Space and Recreation) to R-1-A (Single Family Residential) for a 0.978 acre property located on the north side of Greenswards Lane within the Seagate Country Club at the Hamlet residential development. The 0.978 acre property has been identified as containing parcels #1, 2, and 5 in Exhibit "C" attached to this staff report. A plat of this property has not been submitted for consideration of the Planning and Zoning Board. Current Proposal A privately initiated request for FLUM amendment for Parcel 3 and 4 from OS (Open Space) to LD (Residential Low Density 0-5 units/acre) and rezoning from OSR (Open Space & Recreation) to R-1-A (Residential Single Family); and for Parcel 8 from LD (Residential Low Density 0-5 unitslacre) to OS (Open Space) and Rezoning from R-1-A (Residential Single Family) to OSR (Open Space & Recreation), is now before the Board for action. PU"FURE LAfND5E ' MAP �►rltilND=MERIT Ikf�1A'LYSIS .� .a�.....:i _.,..a .. .......I ._..__...... �.— x i ._.....,1....-......., .:...:.. -A lry REQUIRED FINDINGS LAND DEVELOPMENT REGULATIONS CHAPTER 3 -- PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, 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 (FLUM), 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. Planning &Zoning Board Sta -iport—January 27, 2014 Seagate Country Club Villas a..ne Hamlet—Small-Scale FLUM Amendment a -Zezoning Page 3 The proposed Future Land Use Map amendment is being processed as a small scale Comprehensive Plan amendment. Florida Statutes F.S. 163.3187 provides a small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer; (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year; (c) 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. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section; (d) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment Involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). The proposal involves a total 0.74 acres (which includes three parcels, Parcels 3 and 4 measure 0.36 acres each, and Parcel 8 measures 0.02 acres). This is the second amendment for 2014, and thus, there is a cumulative 1.0 acres annual acreage for these two small scale amendment (0.23 acres + 0.77 acres = 1.0 acres), and thus the maximum of 120 acres has not been exceeded. The proposed FLUM amendment does not involve a text change to the goals, policies, and objectives of the Comprehensive Plan. The request is to process a change to the Future Land Use Map for site-specific undeveloped parcels of land. The applicant has indicated that five single family homes would be built on the property which includes a total of five different Parcels. The subject property is not located within an area of critical state concern, and does not include the construction of affordable housing units. Thus, the proposed FLUM amendment can be processed as a small scale amendment because it complies with all of the above conditions. The proposed land use change is to accommodate Residential Single Family use for future development of the parcels. The existing OSR (Open Space and Recreation) zoning accompanied with the existing OS (Open Space) FLUM designation for Parcels 3 and 4 do not allow a single family residential use. The R-1-A (Residential Single Family) zoning and LD (Residential Low Density 0-5 units/acre) FLUM designation allow the appropriate flexibility for the development of the subject property. Development under the proposed zoning and land use designation would be in line with existing developments in the neighborhood and associated land use patterns that prevail at Seagate Hamlet Country Club residential development. Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs (including public schools), of the requested land use and/or development application, will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision of needed capital improvements to maintain the Levels Planning&Zoning Board StE eport-January 27, 2014 Seagate Country Club Villas a,,ne Hamlet-Small-Scale FLUM Amendment a, Rezoning Page 4 of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. Traffic` The subject property includes Parcel 3, Parcel 4 and Parcel 8 and together they measure 0.77 acres and contain undeveloped parcels with no specific use proposed at this time. The minimum Parcel size for the R-1-A (Single Family Residential) zoning district is 0.17 acre and Parcels 3 and 4 measure 0.36 acres each. Given the size of the two Parcels, development of single family residential use is the object of this rezoning request. Thus, it can be affirmed that the development of Parcels 3 and 4 along with Parcels 1, 2, and 5 (which are already zoned R-1-A) as single family homes will generate approximately 35 ADT (Average Daily Trips) and will likely have an insignificant impact on those adjacent links within the site's radius of development influence. Water The site is already served by public water. Municipal water service is provided via connection to a 12" water main located along Greensward Lane r-o-w. Fire protection is provided by one fire hydrant located approximately 300' away from the subject property on the south side of Greensward Lane. Water treatment is provided by the City of Delray Beach at the Water Treatment Plant, Water demand projections for the City's Water Service Area were calculated based on the City's population projections multiplied by the projected per capita demands. Potable water demand projections, credits for the use of reclaimed water and the total excess/deficit for the years 2010 through 2030 are given in the following table. The City's Utilities Department has indicated that adequate capacity exists to service the subject property at its maximum development potential with the FLUM Amendment for Parcels 3 and 4 to LID (Residential Low Density 0-5 units/acre). Potable Water Demand Projections Year 2010 2015 2020 2025 2030 Service Area Population 69,335 74,504 81,114 82,233 82,556 Per Capita Use d 240 240 240 240 240 Avg. Daily Demand MG 16.64 17.88 19.47 19.74 19.81 Permit Base Condition MGD 19.00 19.00 19.00 19.00 19,00 Excess) Deficit (MGD) 2.36 1.12 0.47 0.74 0.81 Alternative sources Reclaimed Water Credits for Ground Water Demand Removal 1.08 1.895 1.895 1.895 1.895 Potable demand removal 0.39 0.84 0.84 0.84 0.84 Total Excess/Deficit 3.83 3.85 2.27 2.00 1.92 Notes: 1. Population projections based on Palm Beach County 2007 Population Allocation Model using March 2008 BEBR Population Projections. 2. Per capita use assumes a 10% reduction from current permitted values achieved through conservation. 3. Permit base condition as provided by SFWMD per ground water availability rule. Planning &Zoning Board Ste :port—January 27, 2014 Seagate Country Club Villas a,.pie Hamlet—Small-Scale FLUM Amendment& ,rezoning Page 5 Sewer: Sewer service is available to the subject property via connection to an 8" sewer main located along Greensward Lane r-o-w. Since adequate capacity is available in the City's water and wastewater systems to meet the increased demand, the proposed FLUM amendment will not impact the level of service standard for the proposed use- Drainage- The _ adopted LOS standards for drainage is the SFWMD standard to meet storm water quality and quantity requirements for a minimum of a 10 yr./24 hr. storm event. Further, sites with parking Parcel are required to retain a 5 year 1 hour storm (3.2") in addition to meeting the water quality criteria (1" or 2.5 x % impervious) which will not be the case of the subject property since the parcels will be developed as single family homes. However, the subject property currently contains undeveloped parcels of land. Drainage is reviewed during the site plan application process for individual projects_ Within this area of the City, drainage is usually accommodated on site via exfiltration trench systems or swale retention areas. There are no problems anticipated with obtaining South Florida Water Management District permits within the area and any additional impacts caused by increased impervious area will not affect the level of service standard. Parks & Recreation: The Open Space and Recreation Element of the City's Comprehensive Plan conclude that "The City will have sufficient recreation facilities at build-out to meet the adopted standards A park impact fee is collected to offset any impacts that a residential project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each residential unit at the time a project is presented for approval at the Building Department. This item will be addressed during the Site Plan Review process once a project to develop the subject property is submitted. Education (School Co currency): At the time that a project is submitted to develop the subject property, the Palm Beach County School District must approve the development proposal for compliance with the adopted Level of Service for School Concurrency. Verification from the Palm Beach County School District and a written finding of approval from the School District will be required at the time a project seek final approval and certification. Solid Waste: The subject property contains undeveloped parcels of land. Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Policy A-7.7: Amendments to the FLUM must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings. Planning &Zoning Board Ste sport—January 27, 2014 Seagate Country Club Villas a__oe Hamlet—Small-Scale FLUM Amendment a� .2ezoning Page 6 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, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space, nor shall it apply to FLUM changes associated with annexations when the City's Advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the Advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. Seagate Country Club at the Hamlet contains single family developed parcels located throughout the property. The current zoning of Parcels 3 and 4 is OSR (Open Space and Recreation). Given the size of these two Parcels (0.36 acres each), residential single family use with homes of a similar character of the already existing in Seagate Country Club is very likely to be constructed. These two Parcels (3 and 4) along with the adjacent Parcels (1, 2, and 5) will probably be under separate ownership and will be developed as Villas with two of the properties fronting on Greensward Lane. The proposed FLUM changes will support a long term strategy for future redevelopment of the subject site. The requested LD FLUM designation for Parcels 3 and 4 will allow residential uses. Likewise the FLUM designation of Parcel 8 as OS will allow for passive recreation of the residents of Seagate Country Club. The proposed land use map change is more consistent with the existing character and residential nature of Seagate Country Club Development. These circumstances demonstrate a need for the requested zoning and FLUM change. Future Land Use Element Objective A-9: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. It is noted that Parcels 1 and 2 contain large canopy trees along the east and south perimeter; Parcels 3 contains large canopy trees along the north and south perimeter; and Parcel 5 contains canopy trees along the west side of the Parcel which faces a small pond. There is not an existing use of the subject property other than undeveloped or vacant Parcels of land. Any future proposed development will have to consider a residential single family use that would be compatible with the adjacent land uses. Adjacent uses include OSR (Open Space and Recreational) to the north, east, and west (a Golf Course); to the south is OS (Open Space), R-1-A (Single Family Residential) and RL (Multiple Family Residential — Low Density). Policy A-2.3 Development of remaining vacant properties shall occur in a manner which is consistent with and complementary to adjacent development regardless of zoning designations. This policy shall be implemented through the review process associated with platting and site plans. Development of the subject property as R-1-A single family home use is appropriate given its location and surrounding land uses. No particular project development proposal is being considered at this point in time for the subject property. Any future single family home project submittal will be reviewed for compliance with the provisions and requirements of the Land Development Regulations. Planning &Zoning Board Ste aport—January 27, 2014 Seagate Country Club Villas a,,oe Hamlet—Small-Scale FLUM Amendment a. . Rezoning Page 7 Objective A-3: The development or utilization of remaining vacant land shall provide for the creation and retention of open space and the retention of natural resources. This objective shall be met through the following policies: Policy A-3.1 Prior to recommending approval of any land use application which involves vacant land, the appropriate approving board must make a finding that the requested land use action is consistent with this objective and its supporting policies. The requested R-1-A (Residential Single Family) zoning and LD (Residential Low Density 0-5 units/acre) FLUM designation will be consistent and compatible with existing and future land uses of the surrounding area. However, the development or utilization of remaining vacant land shall provide for the creation and retention of oven space and the retention of natural resources. It is noted that Parcels 1 and 2 contained large canopy trees along the east and south perimeter; Parcel 3 contained large canopy trees along the north and south perimeter-, and Parcel 5 contained canopy trees along the west side of the Parcel which faces small pond. A site visit was performed on December 4, 2013 for the subject property by the City Landscape Senior Planner, who reported the following- "A site visit was performed on December 4, 2013 for the subject property that the applicant is trying to rezone. This property is located on the north side of Greensward Lane at the eastern end of this street. During the site visit, I observed that the subject property was already cleared and that survey stakes were driven into the ground. A large amount of fill has been brought in and graded. A check on permits has verified that a Class I Site Plan Modification (certified on July 3, 2013) and a subsequent building permit (13-145389) have been approved. This modification included the subject area as described above and the tree removal work that has already been completed. However, it is noted that after reviewing the plans and inspections, it has been determined that the required tree mitigation installation has not yet been completed nor inspected. This is independent from the current FLUM amendment and Rezoning request and will be monitored as a separate matter". y �►� lim^i x A N,:F1 L t 1 1 a�.:. '- S ,..,-.. n....n . .._..,__..J . .......... ....Y, _-... 1'. Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDR 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. Section 3.2.2 Standards for Rezoning Actions (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical Parcel 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. (B) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permitted west of 1-95. Planning&Zoning Board Sta sport—January 27, 2014 Seagate Country Club Villas a_.ie Hamlet—Small--Scale FLUM Amendment a, iezoning Page 8 (C) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design_ (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. (E) Remaining, isolated infill Parcels 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. Standards "A", 4W' "C" and "E" are not applicable with respect to this rezoning request. Standard "D" requires that the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use 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 following identifies the surrounding land uses LAND USE ANALYSIS: Existinq land uses and zoning: Existing Use Zoning FLUM Parcel 3 Part of Golf Course OSR (Open Space & Recreation) OS (Open Space) Parcel 4 Part of Golf Course OSR (Open Space & Recreation) OS (Open Space) Parcel 8 Undeveloped Land R-1-A(Residential Single Family) LD(Residential Low Density 0-5 units/acre) Ad'acent Uses Future Zoning, and FLUM per Parcel: For Parcel 3: Land Use Zoning FLUM North Part of Golf Course OSR (Open Space & Recreation) OS (Open Space) South Undeveloped land—Parcel R-1-A(Residential Single Family) LD(Residential Low Density 0-5 units/acre) East Part of Golf Course OSR (Open Space & Recreation) OS (Open Space) West Undeveloped land—Parcel R-1-A(Residential Single Family) LD(Residential Low Density 0-5 units/acre) For Parcel 4: Land Use Zoning FLUM North Part of Golf Course OSR (Open Space & Recreation) OS (Open Space) South Undeveloped land—Parcel R-1-A(Residential Single Family) LD (Residential Low Density 0-5 unitslacre East Part of Golf Course OSR (Open Space & Recreation) OS (Open Space) West Undeveloped land—Parcel R-1-A(Residential Single Family) I LD(Residential Low Density 0-5 unitslacre) For Parcel 8: Land Use Zoning FLUM North Undeveloped land—Parcel R-1-A(Residential Single Family) LD(Residential Low Density 0-5 units/acre) Soutt Greensward Lane r-o-w ----- ----- Planning&Zoning Board Ste `'9port---January 27, 2014 Seagate Country Club Villas o. .ae Hamlet—Small-Scale FLUM Amendment a. -rezoning Page 9 East A pond part of golf course OSR (Open Space & Recreation) OS (Open Space) West Undeveloped land— Parcel R-1-A(Residential Single amil ) LD(Residential Low Density 0-5 units/acre) Based upon the above, the rezoning does not result with incompatibilities with the adjacent pattern of development and land uses. The proposed rezoning can be found to be in compliance with LDR Section 3.2.2 (D) (Standards for Rezoning Actions). Any future proposed development will have to consider a single family residential use that would be compatible with the adjacent land uses. Adjacent uses include an RM (Multiple Family Residential) zoning area with single family homes to the east and a R-1-A (Single Family Residential) zoning area on the south side; to the north OSR (Open Space & Recreation) zoning and RL (Residential Low Density) to the west. The requested R-1-A (Single Family Residential) zoning and LD (Residential Low Density 0-5 units/acre) FLUM designation for Parcels 3 and 4 will be compatible with existing and future land uses of the surrounding area. Redevelopment of the subject property as a single family use is appropriate given its location and surrounding land uses. Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D)(5), in addition to provisions of Chapter Three, 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; or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The requested zoning change involves several Parcels of land located within the Seagate Country Club (formerly known as the Hamlet Country Club). As set forth on Exhibit "C", proposed Parcels 3 and 4 will be rezoned from OSR (Open Space Recreation) to R-1-A (Residential Single Family), and Parcel 8 will be rezoned from R-1-A to OSR. The current zoning would allow three single family units in the existing Parcels 1, 2, and 5. The proposed rezoning is the result of the reconfiguration of the existing property in order to add Parcel 3 and Parcel 4 and create a total of five single family homes. In addition, a smaller portion of Parcel 5 currently zoned R-1-A which is identified as Parcel 8 in Exhibit "C"will be re-zoned OSR. The requested rezoning will have no negative impact on the surrounding area. The resulting five Parcels will abut the golf course and will allow the development of residential Parcels which will be consistent and compatible with the pattern of development that prevails within the Hamlet Country Club Subdivision. The requested rezoning to create two additional residential Parcels (both totaling 15,589 square feet) will be of a similar intensity of the adjacent nearby Parcels in close proximity to the subject site. The rezoning being requested is based on the current circumstances and configuration of the golf club, and thus, it is more appropriate based on circumstances particular to the site and the neighborhood. The Future Land Use Element Objective A-1 states that property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate and also complementary to and compatible with adjacent land uses, all of which is contained in the Planning&Zoning Board Sty 'aport—January 27,2014 Seagate Country Club Villas a, ,ne Hamlet—Small-Scale FLUM Amendment a, Rezoning Page 10 requested rezoning. Thus, based upon the above analysis positive findings can be made with respect to LDR Section 2.4.5 (D) The proposed land use and rezoning request is not in a geographic area requiring review by either the Downtown Development Authority (DDA), or the Community Redevelopment Agency (CRA). Courtesy Notices: A special courtesy notice was provided to the following homeowners and civic associations: • Delray Citizens' Coalition • Greensward Village (1): Carrie Licht • Greensward Village (2): Ed Whalen • Hamlet: Ms. Carrie Kraft • Clearbrook: Anthony ferriere • Sherwood Park Civic Association • Homewood ParkiGolfview Estates 1PARC Notice: On November 20, 2013, notice of the Comprehensive Plan Amendment was provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. No objections have been received to date. Public Notices' Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and/or support, will be presented at the Planning and Zoning Board meeting. 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. Therefore, rezoning of Parcel 3 and 4 from OS (Open Space) to LD (Residential Low Density 0-5 unitslacre) and Rezoning from OSR (Open Space & Recreation) to R-1-A (Residential Single Family); and for Parcel 8, from LD (Residential Low Density 0-5 units/acre) to OS (Open Space) and Rezoning from R-1-A (Residential Single Family) to OSR (Open Space & Recreation), can be recommended for approval, based on the findings outlined herein. .., �.i.. . •z "''^iti=h., :" ::... «. .'`i,, .,..v;_a._ ,,..",T.._., ,r•.zrr.�,:.:: x;r .:a:::: ;: s.;�:nr.:.r:::;=�:.^a;:..... -::.•aral:a:•u=3 :z:r„'�- =? 4 ..my:—rlf•�': ui- ucu�w�s�-u'3...•,;�.•.�;;�31:��;t;.�.�”-`•,,.-;;c�K..=r -_:tr �- �;. _a .�:r ,i'-.'r�L:�i W. I,, , I LET E�RC�C�1T i V E /� C TAN - _ -_.:i �....-.-.�--L:E`.-..fir._�..[.�.�: "ai^ ,. „ ...,�� -t,,7 -. 4.is-_:- A. Postpone with direction. B. Move a recommendation of approval to the City Commission of the request for the small scale Future Land Use Map amendment for three parcels located within the Seagate Country Club Villas at the Hamlet: Parcels 3 and 4 from OS (Open Space) to LD (Residential Low Density 0-5 units/acre) and rezoning from OSR (Open Space & Recreation) to R-1-A (Residential Single Family); and for Parcel 8, from LD (Residential Low Density 0-5 units/acre) to OS (Open Space) and rezoning from R-1-A (Residential Single Family) to OSR (Open Space & Recreation), by adopting the findings of fact and law contained in the staff report, and finding j that the request and approval thereof is consistent with the Comprehensive Plan, and meets Planning&Zoning Board Ste 'port—January 27,2014 Seagate Country Club Villas a,.ne Hamlet—Small-Scale FLUM Amendment a.. :iezoning Page 11 the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission of the request for the small scale Future Land Use Map amendment for three parcels located within the Seagate Country Club Villas at the Hamlet: Parcels 3 and 4 from OS (Open Space) to LD (Residential Low Density 0-5 units/acre) and rezoning from OSR (Open Space & Recreation) to R-1-A (Residential Single Family); and for Parcel 8, from LD (Residential Low Density 0-5 units/acre) to OS (Open Space) and rezoning from R-1-A (Residential Single Family) to OSR (Open Space & Recreation), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 2.4.5(D)(5), 3-1-1 and 3.2.2 of the Land Development Regulations. a,. � •,-�`""r,k.r� 3 x-[-. I ;.rx i [ �. i � { i r 7 i, �,,-I _i r - Move a recommendation of approval to the City Commission of the request for the small scale Future Land Use Map amendment for three parcels located within the Seagate Country Club Villas at the Hamlet: Parcels 3 and 4 from OS (Open Space) to LD (Residential Low Density 0-5 units/acre) and rezoning from OSR (Open Space & Recreation) to R-1-A (Residential Single Family); and for Parcel 8, from LD (Residential Low Density 0-5 units/acre) to OS (Open Space) and rezoning from R-1-A (Residential Single Family) to OSR (Open Space & Recreation), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: • Survey • Location Map • Existing and Proposed Zoning Maps • Existing and Proposed FLUM maps • Letter from Mr. Covell • Letter Mr. James Krivok, and • Letter from Mr. Thomas F. Carney Jr., Esq. Staff Report prepared by: Estelio Breto, Senior Planner GLENWOOD DRIVE �• y. CANAL L 34 J Q7 Q S.W, 55H o� - Do P1N Lpk N �o C r. U S.W. 6TH ST. 1 E w H A Q CLEARBR00 NO �N CIR rn 3 w osZ CLEARRROOK SOUTH CIRCLE U g CASA WAY Im LU r Y e L o MD q CASITA WAY 7 F °¢ 0 G,p �£NSWARD FIORE a cOL 3 �9Y M �T w o a v CANAL L-35 ZORNO L 0 W 5 0 N B O U L E V A R D CIRCLE r DE LEON Q SHERWOOD BOULEVARD � kNi�y � T � ® N SUBJECT PROPERTY SEAGATE COUNTRY CLUB VILLAS PLANNING AND ZONING DEPARTMENT EXISTING FUTURE LAND USE MAP -- D16frAL BASE MAP SYSTEM -- MAP REF: 5:\Planning & Zoning\DBMS\File—Cab\Z—LM 1000-1500\LM1440—Seagate Country Club Villas—Existing FLUM GLENWOOD DRIVE 3• y CANAL L 34 S-w- 5v a° O P1 L boo AKF 0� 3 o S.W. 5TH ST. Q CLEARBROOK TH CIR V) v7 w w DSz CLEARBROOK 50 TH CIRCLE EL o: U 6 a CA5A WAY a, 0 9 $ O MD 7 CASITA WAY S �`t 7 0 p�FNSWARD w Q HORS M RT Ld _ z w 0 a U CANAL L-35 ZORNO L 0 W S 0 N B O U L E V A R D CIRCLE � r DE ZE4N a � Li o�G Q SHERWOOD BOULEVARD k kNI�HT z a � ° N SUBJECT PROPERTY SEAGATE COUNTRY CLUB VILLAS PLANNING AND ZONING of . I I J DEPARTMENT PROPOSED FUTURE LAND USE MAP — DIG17AL 84S£ASAP SY57EM — MAP REF: 5:\Planning do Zoning\DBMS\File—Cab\Z—LM 1000-1500\LM1440_Seagote Country Club Villas—Proposed FLUM GLENWOOD DRIVE 3 CANAL L 34 a Q- Q S.W. 51t+ o Ai/yE t m o ui 6TH ST. Li H PM � E x CLEARBROOE NO I" GlF Lo OSR z a 1 rr CLEARBROOK SOUTH CIRCLE a cr 3 v g CASA WAY R x fI o o w= W V os s 5 z ° 9 CASITA R WAY Z � 4 7 0 RM a 0 NSWARD a FIORE RT � V a U ZORNO L O W 5 0 N B O U L E V A R D C IRCLE a DE LEON � w � kAAL=B- SHERWOOD i30ULEVARD W kN/Gy T Q <qN ® N SUBJECT PROPERTY --Illmmr_ ,; SEAGATE COUNTRY VILLAS PLANNING AND ZONING DEPARTMENT EXISTING ZONING MAP -- DIGITAL MSE MAP SYSTEM -- MAP REF: S:\Plonning & Zoning\DBMS\Fle—Cab\Z—LM 1000-1500\LM1440—Seagate Country Club Villas—Existing Zoning GLENWOOD DRIVE 3 N CANAL L 34 a QS.W. STN Q-' b� Pi NE Lgy�E cc S.W. 6TH ST. H AML x CLEAR BROOK NO SN CIR oSR z CLEARBROOK SOUTH CIRCLE a A U 6 a CASA WAY R Y " a y 0 F<< m U s 5.,. 2 0 os 7 CASITA WAY Z � 4 7 o RM a Q �ENSWARD o Q FIORE < y Go�Ql V) qy w o � z oSR Q V i ZORNO L 0 W S 0 N B O U L E V A R D CIRCLE C DE LEON r Q SHERWOOD BOULEVARD w T G� RNF • N SUBJECT PROPERTY SEAGATE COUNTRY CLUB VILLAS PLANNING AND ZONING DEPARTMENT PROPOSED ZONING MAP -- DIGITAL 84SE MAP SYSTEM -- MAP REF: S:\Plonning & Zoning\DBMSNFile—Cab\Z—LM 1000-1500\LM1440_Seagate Country Club ViIlos—Proposed Zoning NJ i 9 f lg�E II =h Irl nJ J r .ii aj j,' I "I I 1 � I _ 4rA I rz � f I H ` IM ~ -m LIT .i V y • I "`1.0 u• �- I nq t� Tr rjLV ��"j��'�' �'� to 'ri 1 � �'__. -'""".,`�:� � r�SV ;,•� {Pi �� FF \ J w �I g ' f � ' , LL W z or co LU ui cr " Breto, Estelio From: Robert Covell <rdcovell @gmail.com> Sent: Wednesday,January 01, 2014 2:59 PM To: Breto, Estelio Cc: EDWARD WHALEN; Sue-Ann Levy; Barbara Covell; berenson @comcast.net; dennis arnold; Michael Listick; kligerman.kligerman2 @gmail.com;jklupt@gmfingroup.com Subject: Future Land Use Map Amendment Hamlet/Seagate Dear Estelio, Welcome back. I hope you had a restful Holiday. I am writing in regard to file 4 2014-027 & 2014-034 land map amendment and re-zoning request being initiated by the Seagate Country Club Villas Group. Attached below please find is a current photo taken of the area in question. This view is from the south quadrant looking north. You will notice the absence of all trees or any vegetation and evidence that the natural contours of the property have all been graded level. I share this with you and further invite you to visit the google earth web site to view this property and compare the "before and after" images. You will clearly recognize that this land area has been completely decimated. Why? My objection is that the "Landscaping and Tree Mitigation" permit is completely inconsistent with the property owners actions. The City of Delray Beach permit ff 13-00145389 approved and dated July 11, 2013 only grants the permission for the selective cutting of 81 trees which were randomly spread across the entire golf course property. Of those 81 trees, 23 trees are specifically located within the lot lines of the property seeking to be amended. My question.; how can a complete and total land clearing occur prior to a zoning reclassification approval? Moreover, why is the permit application mistakenly labeled R-1-A when in fact the golf course property is classified as OS and OSR combined? Knowing that there are distinct environmental sensitivities, especially assigned to these OS boundary parcels, these areas were to be protected under the City of DB previous ruling dated June 1996. Whereupon the Hamlet community strongly voted in favor as a measure to "preserve and protect the natural state of these boundaries for the sake of their property views and it's natural wildlife inhabitants". Further, the tree mitigation plan, which is attached to this permit, identifies the precise species of the 23 trees to be "removed and replaced with same sized trees" but does not state "when nor where" these replacement trees are to be returned on the property. Assuming the applicant hopes to build structures, how can these previously forested properties be replanted in a similar manner to "preserve and protect" the adjoining property owners natural views? The inconsistencies here, in my opinion, are obvious and lead one to varied conclusions as to the honesty of the owners intent to comply. As a homeowner, here in this community, I am very disturbed by Seagate's careless actions. i Additionally, being that a portion of the Seagate re-zoning application stipulates a request to change areas of "parcel 3" along with areas of"parcel4" from OS (open space)to LD (low density residential with 5 units per acre) and then what appears to "exchange" land use designations on "parcel 8" to OS/OSR, is in essence, an attempt to "swap or replace" the land so that more housing/time share 1 condos can be built. This by itself, I find to be highly unusual. First, because the land area "exchange" is NOT an even land "swap". It is apparent that the combined land area of"parcels 3 & 4" is far greater than the meager land area of"parcel 8". Parcel 8 is, at best, what appears as a very narrow curbside landscape feature and NOT the natural tree like forested environment boundary as it should be. Also, the OS natural boundary original intent is meant to protect the views of the homeowners bounded to the north side NOT the view from the street side bounded on the south side of this property. Unfortunately, Seagate seems to have a careless regard in a manner in which they believe natural settings can be "moved, transported, condensed or displaced". Many homeowners here find this to be unacceptable and sadly believe that the blatant, vast destruction of trees has already proven that the property owner is no friend of nature, nor should they be permitted to build higher density housing on this lot. For these reasons;the current R-1-A/OS /OSR boundaries and classifications should remain unchanged. Allowing the LD re-zoning, (which conceivably could possibly allow up to 10 or more time share/condos and/or adjoined buildings) does NOT fit the residential neighborhood character. I believe leaving the R-1-A classification, as it stands, would still allow for 2 adequate single family residences which distinctly fit within the character of this community and preserve the natural OS boundaries, as intended, provided they all be replanted. Your special consideration of these observations and concerns is greatly appreciated. Thank you, Robert&Barbara Covell 600 Pine Lake Drive Delray Beach Sent from my Wad Begin forwarded message: From: Robert Covell <rdcovell mail.com> Date: January 1, 2014 1:22:12 PM EST To: Covell <rdeovellg mail.corn> z C f FED 1 7.014 ' , ' ICIER, KRIVOK & STOLOFF, PA. ATTORNEYS AT LAW 1818 AUSTRALIAN AVENUE SOUTH SUITE 400 WEST PALM BEACH FLORIDA 33409 EDWARD DICKER TELEPHONE JAMES N. KRIVOK (561)6150123 SCOTT A.STOLOFF FAX LAURIE G. IvMANOFF JOHN R.SHEPPARD,JR. February 11, 2014 (S6t)sty-ot2� City of Delray Beach Planning and Zoning Department 100 NW First Avenue Delray Beach, FL 33444 Attn: Estelia Breto, Senior Planner RE: HHC Seagate, LLC /Hamlet Residents Association, Inc. HHC Seagate Petition for Rezoning of Parcel J Dear Ms. Breto: On Deeember 12, ' 013, I wrote a letter ("Letter") to the City on behalf of our client, Hamlet Residents Associations, Inc. ("HRA") in regard to HHC Seagate, LLC's.Petition for Rezoning of its Parcel "J" identified in the public records as Parcel Code No: 12-42-46-24-00- 000-1014 for residential development. In the Letter, I stated that the Grant of Easement given by HRA to Seagate to use HRA's private streets and roadways was "solely to the extent that it is reasonable and necessary for the operation and maintenance of the Club Property as a first-class private country club." That statement was based upon express terms and conditions that were set forth in the written Grant of Easement that was given by HRA to Seagate in connection with Seagate's purchase of the Club Property. To that extent, my prior statement was correct. However, subsequent to my writing the Letter, Seagate provided HRA and me with separate, additional documentation that grants to all owners or occupants of any parcel within the Hamlet P.U.D. an easement to use Hamlet's private streets and roadways to provide access for ingress and egress to any parcel regardless of the purpose to which the property is being put. Based upon that additional documentation furnished by Seagate, I write on behalf of HRA to retract HRA's prior contention that the owners of Parcel J will have no right to use HRA's private streets as access for ingress.and egress to Parcel J if that parcel is permitted to be developed for residential.purposes. HRA Hereby acknowledges that access to Parcel J is no longer an issue and therefore should not be considered by the City and/or its staff in determining..whether Seagate's rezoning Petition should or should not be approved. If you have any questions regarding this letter, please feel free to contact me. ry truly yours, r•, � m JAMES N. KRIVOK For the Firm JNK/bj l cc: HHC Seagate, LLC Hamlet Residents Association � eb 13 1410:13p Sandy Tobias 561-381-5110 p.1 Mr. Este Iio Breto February 4, 2014 (e-mail: pzmail @mydelraybeach.com) Planning and Zoning Department City of Delray Beach 100 NW 151 Avenue Delray Beach, FL 33444 Re: Future Land Use Map amendment and Rezoning for Seagate Country Club Villas Dear Mr. Breto: I am responding to the Planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called J-Property in order to build five luxury villas. Tony Wilson, CEO, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a few, responded most favorably. As I understand, in 2405 the Hamlet Country Club rezoned this property from recreational to residential. I am a homeowner in the Seagate Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location map, will benefit the entire community. i believe the sale of five new homes and the addition of five new member families to the Hamlet Residents Association will increase property values and continue the renaissance that the Seagate purchase of the Hamlet Country Club started. Please accept this fax as my "affirmative" vote for this rezoning change. Many thanks, Signature Print Name: Address: Delray Beach, Florida 33445 Feb 13 1410:14p Sandy Tobias 561-381-5110 p.2 Mr. Estelio Breto February 4, 2014 (e-mail: pzmail @mydelraybeach.com) Planning and Zoning Department City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33444 Re: Future Land Use Map amendment and Rezoning for Seagate Country Club Villas Dear Mr, Breto: I am responding to the Planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called J-Property in order to build five luxury villas. Tony Wilson, CEO, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a few, responded most favorably. As I understand, in 2005 the Hamlet Country Club rezoned this property from recreational to residential. I am a homeowner in the Seagate Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location map, will benefit the entire community. I believe the sale of five new homes and the addition of five new member families to the Hamlet Residents Association will increase property values and continue the renaissance that the Seagate purchase of the Hamlet Country Club started. Please accept this fax as my "affirmative" vote for this rezoning change. Manythanks, Signature �r � Print Name: Address: C>un Delray Beach, Florida 33445 Feb 13 1410,14p Sandy Tobias 561-381-5110 p.3 Mr. E5telio Breto February 4, 2014 (e-mail: pzmail@mydelraybeach.com) Planning and Zoning Department City of Delray Beach 100 N W 1$1 Avenue Delray Beach, FL 33444 Re: Future Land Use Map amendment and Rezoning for Seagate Country Club Villas Dear Mr. Breto: am responding to the Planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called J-Property in order to build five luxury villas. Tony Wilson, CEO, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a few, responded most favorably. As I understand, in 2005 the Hamlet Country Club rezoned this property from recreational to residential. I am a homeowner in the Seagate Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location map, will benefit the entire community. I believe the sale of five new homes and the addition of five new member families to the Hamlet Residents Association will increase property values and continue the renaissance that the Seagate purchase of the Hamlet Country Club started. Please accept this fax as my "affirmative" vote for this rezoning change. Many thanks, �, E Signature Print Name: k� oft � r Address: ',) _ PrO �__ 'J> Delray Beach, Florida 33445 Feb 131410:14p Sandy Tobias 561-381-5110 p.4 Mr. Estelio Breto February 4, 2014 (e-mail: pzmail@mydelraybeach.com) Planning and Zoning Department City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33444 Re: Future Land Use Map amendment and Rezoning for Seagate Country Club Villas Dear Mr. Breto: I am responding to the Planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called J-Property in order to build five luxury villas. Tony Wilson, CPO, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a few, responded most favorably. As I understand, in 2005 the Hamlet Country Club rezoned this property from recreational to residential. am a homeowner in the Seagate Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location map, will benefit the entire community. I believe the sale of five new homes and the addition of five riew member families to the Hamlet Residents Association will increase property values and continue the renaissance that the Seagate purchase of the Hamlet Country Club started. Please accept this fax as my "aff irmative" vote for this rezoning change. Many thanks, Signature Print Larne: 114 a ?16 2�, 0 v,)Al Address: wdllz Delray Beach, Florida 33445 Feb 13 1410:15p Sandy Tobias 561-381-6110 p,5 Mr. Estelio Breto February 4, 2014 �e-mail: pzmail @mydeiraybeach.com) Planning and Zoning Department City of Delray Beach 100 NW 1 Avenue Delray Beach, FL 33444 Re: Future Land Use Map amendment and Rezoning for Seagate Country Club Villas Dear Mr. Breto: I am responding to the Planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called J-Property in order to build five luxury villas_ Tony Wilson, CEO, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a few, responded most favorably. As I understand, in 2005 the Hamlet Country Club rezoned this property from recreational to residential. I am a homeowner in the Seagate Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location map, will benefit the entire community. I believe the sale of five new homes and the addition of five new member families to the Hamlet Residents Association will increase property values and continue the renaissance that the Seagate purchase of the Hamlet Country Club started_ Please accept this fax as my"affirmative" vote for this rezoning change. Many thanks, 1 Signature Print Name: r . Address: Delray Beach, Florida 33445 V eb 06 1412:53P Sandy Tobias 561-381-5110 p.1 Mr_ Estelio Breto February 4, 2014 (e-mail: pzmail@mydelraybeach.com) Planning and Zoning Department City of Delray Beach [ I V 100 NW 1$t Avenue FEB Delray Beach, FL 33444 ( a 2014 Re: Future Land Use Map amendment and Rezoning for PLANNING &Z�I�I� Seagate Country Club Villas Dear Mr. Breto: I am responding to the Planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called J-Property in order to build five luxury villas. Tony Wilson, CEO, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a few, responded most favorably. As I understand, in 2005 the Hamlet Country Club rezoned this property from recreational to residential. I am a homeowner In the Seagate Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location map, will benefit the entire community. I believe the sale of five new homes and the addition of five new member families to the Hamlet Residents Association will increase property values and continue the renaissance that the Seagate purchase of the Hamlet Country Club started. Please accept this fax as my "affirmative" vote for this rezoning change. Many thanks, �- Signature ` Print Name: (� i c�_ Address: �` � ��( C Delray Beach, Florida 33445 Feb 06 14 12:53p Sandy Tobias 561-381-6110 p,2 Mr. Estelio Breto February 4, 2014 (e-mail. zmail m delra beach.com P Y Y Planning and Zoning Department City of Delray Beach L I ' E D 100 NW 1" Avenue Delray Beach, FL 33444 $ FEB 0 6 2014 Re: Future Land Use Map amendment and Rezoning for 'f_LANNIN ZONING Seagate Country Club Villas Dear Mr. Breto: I am responding to the Planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called J-Property in order to build five luxury villas. Tony Wilson, CEO, presented Seagate`s intent at a meeting open to the community, a standing room only crowd, which, with the objection of a few, responded most favorably. As I understand, in 2005 the Hamlet Country Club rezoned this property from recreational to residential. I am a homeowner in the Seagate Country Club at the hamlet and feel strongly that this proposed project, as indicated on the location map, will benefit the entire community. 1 believe the sale of five new homes and the addition of five new member families to the Hamlet Residents Association will increase property values and continue the renaissance that the Seagate purchase of the Hamlet Country Club started. Please accept this fax as my "affirmative" vote for this rezoning change. Many thanks, a Signature Print Name: �� Address: Delray Beach, Florida 33445 Feb 06 14 12:54p Sandy Tobias 561-381-5110 p.3 Mr. Estelio Breto February 4, 2014 (e-mail: pzmail @mydelraybeach.com) Planning and Zoning Department City of Delray Beach DEC EMU 100 NW 1"Avenue Delray Beach FL 33444 FEB 0 6 2014 Re: Future Land Use Map amendment and Rezoning for d-ANNNG&ZONING, Seagate Country Club Villas Dear Mr. Breto: I am responding to the Planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called J-Property in order to build five luxury villas. Tony Wilson, CEO, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a few, responded most favorably. As I understand, in 2045 the Hamlet Country Club rezoned this property from recreational to residential. I am a homeowner in the Seagate Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location map, will benefit the entire community. I believe the sale of five new Domes and the addition of five new member families to the Hamlet Residents Association will increase property values and continue the renaissance that the Seagate purchase of the Hamlet Country Club started. Please accept this fax as my "affirmative" vote for this rezoning change. Manythanks, i Signature Print Dame: Address: Q r� r Delray Beach, Florida 33445 web 101401:58p Sandy Tobias 561-381-5110 p.1 Mr. Fstelio Breto February 4, 2014 (e-mail: pzmail@mydelraybeach.com) Planning and Zoning Department City of Delray Beach 100 NW` 1st Avenue Delray Beach, FL 33444 Re: Future Land Use Map amendment and Rezoning for Seagate Country Club Villas Dear Mr. Breto: i am responding to the Planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called J-Property in order to build five luxury villas. Tony Wilson, CEO, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a few, responded most favorably. As l understand, in 2005 the Hamlet Country Club rezoned this property from recreational to residential. i am a homeowner in the Seagate Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location map, will benefit the entire community. f believe the sale of five new homes and the addition of five new member families to the Hamlet Residents Association will increase property values and continue the renaissance that the Seagate purchase of the Hamlet Country Club started. Please accept this fax as my "affirmative" vote for this rezoning change. Many thanks, Signature Print blame: Address:_ � � � 4 Delray Beach, Florida 33445 eb091403:59p Sandy Tobias 561-381-5110 P.1 Mr. Estelio Breto February 4, 2014 (e-mail: pzmail @mydelraybeach.com) Planning and Zoning Department City of Delray Beach 100 NW 1" Avenue Delray Beach, FL 33444 Re: Future Land Use Map amendment and Rezoning for Seagate Country Club Villas Dear Mr. Breto: I am responding to the Planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called J-Property in order to build five luxury villas. Tony Wilson, CEO, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a few, responded most favorably. As I understand, in 2005 the Hamlet Country Club rezoned this property from recreational to residential. I am a homeowner in the Seagate Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location map, will benefit the entire community. I believe the sale of five new homes and the addition of five new member families to the Hamlet Residents Association will increase property values and continue the renaissance that the Seagate purchase of the Hamlet Country Club started, Please accept this fax as my "affirmative" vote for this rezoning change. Many thanks, Signature Print Name t>n Address: � Z Delray Beach, Florida 33445 Feb 09 14 03;59p Sandy Tobias 561-381-5110 p2 Mr. Estelio Breto February 4, 2014 (e-mail: pzmail @mydelraybeach.com) Planning and Zoning Department City of Delray Beach 100 NW 1"Avenue Delray Beach, FL 33444 Re: Future Land Use Map amendment and Rezoning for Seagate Country Club Villas Dear Mr. Breto: I am responding to the Planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called J-Property in order to build five luxury villas. Tony Wilson, CEO, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a few, responded most favorably. As I understand, in 2005 the Hamlet Country Club rezoned this property from recreational to residential. I am a homeowner in the Seagate Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location map, will benefit the entire community. 1 believe the sale of five new homes and the addition of five new member families to the Hamlet Residents Association will increase property values and continue the renaissance that the Seagate purchase of the Hamlet Country Club started. Please accept this fax as my "affirmative" vote for this rezoning change. Many thanks, Signature Print Name: Address: Delray Beach, Florida 33445 eb 07 14 10:04a J 1 p.1 'b 06 1404:01 p Sandy Tobias 31-381-5110 P-1 ? f ��I Mr. Estelio Breto L____ February 4, 2014 (e-mail: pzmail@Pmydelraybeach.com) Planning and Zoning Department City of Delray Beach 100 NW 1 Avenue Delray Beach, FL 33444 Re: Future Land Use Map amendment and Rezoning for Seagate Country Club Villas Dear Mr. Breto: I am responding to the Planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called !-Property in order to build five luxury villas. Tony Wilson, CEO, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a few, responded most favorably, As I understand, in 2005 the Hamlet Country Club rezoned this property from recreational to residential. 1 am a homeowner in the Seagate Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location map, will benefit the entire community. I believe the sale of five new homes and the addition of five new member families to the Hamlet Residents Association wil I increase property values and continue the renaissance that the Seagate purchase of the Hamlet Country Club started. Please accept this fax as my "affirmative" vote for this rezoning change. Many thanks, Signatu re . t Print Name lab -j ! Address: Delray Beach, Florida 33445 CARNEYSTANTON Attorneys At Lain 135 S.E.51" AVENUE, SUITE 202. DELRAY BEACH,FLORIDA 33483 TEL: (561)278-5565 FAX- (561)330-8233 EMAIL' tfc&ar.ta.nstanton..com January 22, 20,1,4 Mr. Mark McDonnell Director,Planning and Zoning Department City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, FL 33444 In Re: Follow-up on letter received from Hamlet Residents Association Dear Mr.McDonnell: In. furtherance of-our meeting last Friday', this:is to update you on our communications with the Hamlet Residents Association (HRA) since your receipt of their attorney's letter dated December 12,2013. First, it is important to remember that Mr. Kirvok's letter was written for the purpose of postponing the consideration.by the Platming & Zoning Board at it's December, 2013 meeting of HHC Seagate Hamlet's (HHC)application to rezone certain.property with the Hamlet from OS to R-I-A.in order to create five (5) residential lots (current zoning Mould allow 3). At that time, HHC had not met with the representatives of the HRA regarding the project and there was apparently a lot of confusion as to `HHC's' plans (these concerns included a Worry that 10+ condonimilunhimeshare type units could be built there). These rumors couldn't be further from the truth. Mr. Krivok was concerned that having the meeting prior to meeting with the HRA was hasty. Although the consent of the HRA is not required, in the spirit of cooperation, HHC met with the residents on January 2, 2014 and gave those in attendance a presentation as to what HHC is planning to construct on the five lots. Attendance at this meeting was strong (80-100+), I have attached here (and have previously provided you with) a copy of the drawing we presented at that meeting. As you can see (and what the residents saw) is the plan to construct 5 single family luxury homes on the five lots. In my conversation with Mr. Krivok yesterday, he stated that the vast majority of the residents who attended the meeting were in complete support of HHC's plans, I have also had a number of conversations with residents to discuss the plans. The rezoning and FLUM amendment requests are fully consistent and compatible with the surrounding neighborhood, are consistent with City of Delray Beach's future Land Use Element Goals, Objectives, and Policies, and the property is being developed in a manner so that the use and intensity is appropriate and complimentary to adjacent land uses. We look forward to moving forward with the building of:S luxury homes in the Hamlet. Sincerely, CARNEY STANTON P.L. By: Thomas F. Carney,.Jr.,Esq. Attorneys For'HHC Seagate Hamlet TFC/my cc: E. Anthony Wilson Estedo Breto,Delray Beach Planning and Zoning Mr. Estelio Breto (Fax# 561-243-7221) January 23, 2014 (e-mail: pzmail @mydeiraybeach.com) Planning and Zoning Department City of Delray Beach 100 NW 111 Avenue Delray Beach, FL 33444 Re: Future Land Use Map amendment and Rezoning for I Seagate Country Club Villas Dear Mr. Breto: am responding to the Planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called J-Property in order to build five luxury villas. Tony Wilson, CEO, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a few, responded most favorably. As l understand, in 2005 the Hamlet Country Club rezoned this property from recreational to residential. I am a homeowner in the Seagate Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location map, will benefit the entire community. I believe the sale of five new homes and the addition of five new member families to the Hamlet Residents Association will increase property values and continue the renaissance that the Seagate purchase of the Hamlet Country Club started. Please accept this fax as my "affirmative" vote for this rezoning change. Many thanks, Signature Print Name: Address: ISS ss Delray Beach, Florida 33445 Mr. Estelio Breto (Fax# 561.-243-7221.) January 23, 2014 (e-mail: pzmail @mydelraybeach.com) Planning and Zoning Department City of Delray Beach 100 N11 l't Avenue Delray Beach, FL 33444 Fie: Future Land Use Map amendment and Rezoning for Seagate Country Club Villas Dear Mr. Breto: I am responding to the Planning and Zoning meeting notice posted in the Seagate- Hamlet on the subject of rezoning the so-called J-Property in order to build five luxury villas., Tony Wilson, CEO, presented Seagate's intent at a meeting open to the community, a standing room only crowd, which, with the objection of a few, responded most favorably. As I understand, in 2005 the Hamlet Country Club rezoned this property from.recreational to residential. am a homeowner in the Seagate .Country Club at the Hamlet and feel strongly that this proposed project, as indicated on the location map, will benefit the entire community. I believe the sale of five new homes and the addition of five new member families to the Hamlet Residents Association will increase property values and continue the renaissance that the Seagate purchase of the Hamlet Country Club started. Please .accept this fax as my "affirmative" vote for this rezoning change. Many thanks, Signature Print Name: Address: Y,3 I . k FLAA,' Io - Delray Beach, Florida 33445 Miller, Diane From: Judy Celentani <Judy,Celentani @cbrands.com> Sent; Thursday,January 23, 2014 LSO PM To: PZmail@MyDelrayBeach.com Subject: The Hamlet To the zoning Department: As a homeowner in The Hamlet, i believe Seagate has greatly improved our living experience here. The community is now first class and our homes have increased in value since Seagate has taken over the clubhouse and golf course and made numerous improvements. Therefore, I support Seagate's zoning request. Your favorable decision will enhance our community. Thank you. Judy Celenfani 4872 Pineview Circle Delray Beach, PL 33445 i 'i i i t Miller, Diane From: Ginny Clark <ginnyclark3 @hotmail.com> Sent: Thursday,January 23, 2014 2:36 PM To: PZmai]@MyDeirayBeach.com Subject: Hamlet - Rezoning To Whom it may concern As a new and very happy homeowner., I any very much in favor of the requested Seagate zoning. Seagate has done a tremendous job with.the many improvements to our area. They have greatly enhanced mine and ray husbands experience. My husband and I would not have bought in this community had not been for the significant investment that Seagate has put into this development. Its an honor and privilege to live here -_- and I commend the Seagate tear for the fiat class improvements they have made, including the golf course, club house and. surrounding areas. I look forward to seeing more great things to come :from Seagate as I begin to enjoy my future as a new homeowner in the Hamlet community! Respectfully submitted: Virginia and Robert Clark 5001 Pineview Circle z Breto, Esteiio From: Miller, Diane Sent: Monday, December 09, 2013 1:34 PM To: Breto, Esteiio Subject: FW:SEAGATE/Hamlet rezoning meeting FYI ®it-Ine Alillev Execufive Assistant to Paul Dorling Planning&Zoning Dept. City of Delray Search 100 NW 1G1 Avenue Delray Beach,FT.33444 561-243-7041 (Office) 561.-243-7221 (Fax) millerd@m�d.el-raybeach.com From: berenson @comcast.net [mailto:berenson comcast.nefl Sent: Monday, December 09, 2013 7:44 AM To: PZmail @MyDelrayBeach.com Cc: Berenson, Paul S. Subject: SEAGATE/Hamlet rezoning meeting Dear Mr., Breto: I am a new home owner at the Hamlet and live within the 500 feet of the new proposed rezoning and will be attending this meeting. In the meantime can you tell me what Seagate is proposing to build if the get approval? And how was Seagate "permitted" to cut hundreds of trees down on the J lot PRIOR to getting the necessary "zoning approval" passed and then properly submit to Peter Arnau and to the City for a land clearing permit? Was this done illegally? I bought this house because of the long expansive view and open spaces. Now I am in jeopardy of loosing this because of what is being proposed. Sincerely Paul Berenson 743 Pine Lake Drive Delray Beach 561 270 3612 toy"1 ZIP rN 'spin 4Z }]. NOR, _ 4 T Slow w ryM•>-�i 6 G u� �+Z �iy0 3 l5 wa, d3 o y v E3 arv� z 5 o a - O o z ¢e v Mid 3 P J W ` l a lots ffi. any - wu Y a 5 °Va H �Ya uQ a U _ E 115� z _ ai� �O PUMPS U zz a 0 W , y A o A O$ _5 A a3 Own c �� azti 3 Aga v u, r .3� E v w 9 ,y � ,eva= z 3 � 3. W .,a�S E �F w \`, f�T': S. 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Z° m W� O F Qo 06 Ir 2 X82 THE PALM BEACH POST i1EALl1EMSTAR'Ii6HERE I FRIDAY,JUNE 6,2014 NOTICE OF PUBLIC HEARING NOTICE'QF'SMALL-SCALE FUTURE 'LAND USE MAPAAMENDMENT :. CITY OF DELRAY-BEACH, FLORID A The City Commission of the Crly bf Delray Beach will considerthe adoption of the f6"ing ordinance: .`r ORDNANCE NO,1'-14'AN ORDINANCE OF THE CITY COMMISRON OF T1iE CRY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FOR THREE PARCELS OF LAND IDENTIFIED AS PARCELS 3, 4 AND 8 ALL LOCATED ON 71HE NCKN.SIDE OP GREENSWARD LAW EAST OF HAMLET DRIVE, WMANTHE SEAGATECOUNTRY CLUBATTHE HAMLET,As MORE PARTICULARLY DESCRIBED HERFJN,FROM O5(OPEN SPACES TO LD ILOW DENSRY RESIDffVILAL 0.5 DU/ACI FOR PARCELS 3 AND 4,AND FROM LD(LOW DENSRY RMDENTIAIA-5 DU/AC)TO OS (OPEN SPACE)FOR PARCEL 8,PURSUANT TO THE PROVISIONS 'OF THE "COMMUNITY PLANNING ACT", FLORIDA 5WUTES SECTION 163.3167,PROVIDING A GENERAL REPEALER CLAUSE, A SAVING,QIAUSE,AND AN EFFECTIVE DATE- The Future)and Use Mao IRUMI MMKImant nFilC MIN=t RgMls sham in tha map below involves. IP Parcel 31D.36 acial Changing the wdsling Future land Use Map designation from 05(Open Space(to LD(Lour Density Residential 0-5 du/ac)_ l 410.36 acres 9 Changing the eases ng Future Land Use Map designation from 05(Open Spocal to LD(Law Density Residential 0-5 dv/ac). Parcel 8. -0 o '\ - •Clanging the cxdslin0 Future Land Use-Mop designation 6m LD(Low Densrty Residen'tial'0-5 dufar)b 05(Open5pacel. 6 9 0 T i x O The City Commission will conduct a Public Hearing on the proposed amendment to the Future Land Use Map an TUESDAY AM 17,2014 AT 7:Q0 R L(or al arty continuation of wch au"ng which is set by tFm City Commission)in the Commission Charn6ers,located at 100 NW 1-1 AWanue, belmy Beach,fhorrJa,for the purpose of moeivi ng public cbmmerat vr2h regard to 1he proposed action. All interested parties are incited to attend the public hearing and comment upon the action or submit-their comme6b in wrifing to the Planning and Zaaing Deparirnerd.Further infarmafxm concerning the proposed action can be obtained Iram�he Pluming�and zoning De�arhnart,City Hall 100 NW 1-'Avenue,FL 33444(e,rra+l at nnnaih�mya,eurnrbeach coal or calling.Estelia Brn?lo,Senior Planner at 56T/243-7048,between the haws of B:OD A.M.and 3.-00 P.M.,Manday through Friday oduding holiday's, Please 6e bl(vised that iFa person decides to appeal any decision rrtada by the Cily Cwgmission with respedto arty matter considered at this hL'i.1", such person will resod o record of the proceedings,and for this�ur� such Deccan muy need to ensure Ih�a verbatim record of tine pros is made,'which record includes the testimony and evidence upon which the appeal is based.The City does not provide or prepare sUch reecird pursuant to F S.286.0105. Pvblis}re�L:Papa Beach post CiTYOF DELRAY W-&X f June 6.2014 C11mq&D.Nu6in,MMC City Cleric