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Ord 57-05 r' /~ ORDINANCE NO. 57-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC (pLANNED COMMERCIAL) DISTRICT IN PART AND PRD (pLANNED RESIDENTIAL DEVELOPMEN1) DISTRICT IN PART TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE EAST SIDE I OF MILITARY TRAIL, NORTH OF THE L-31 CANAL, AS I ! MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April 2005, as being zoned PC (planned Commercial) District I in part and PRD (planned Residential Development) District in part; and I WHEREAS, at its meeting of July 18,2005, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. (" ", Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of OSR (Open Space and Recreation) District for the following described property: Tracts C-l and C-2, Plat of Bexley Park as recorded in Plat Book 102, Pages 48-56, of the Public Records of Palm Beach County, Florida Section 3. 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 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs (DCA) finding the amendment in compliance in accordance i with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. (as I referenced in Ordinance 56-05). ~&-i ASS~D ADOPTED in regular session on second and final reading on this the _day of 6.-'0& ,20~. ATTEST fJæo? ~ ~S). ~ City Clerk ~\\~\~ First Reading Second Reading '\\~'O \ (J5 " .... 2 ORD NO. 57-05 i MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tM SUBJECT: AGENDA ITEM # \ ß '- - REGULAR MEETING OF SEPTEMBER 20, 2005 ORDINANCE NO. 57-05 (SECOND READING/SECOND PUBLIC HEARING) DATE: SEPTEMBER 16, 2005 This ordinance is before Commission for second reading and second public hearing for a rezoning from PC (planned Commercial) in part, and PRD (planned Residential Development) in part, to OSR (Open Space and Recreation) for an 11.15 acre parcel of land for Bexley Park, located between Barwick Road and Military Trail north of the L-31 Canal. At its meeting on June 16,2003, the Planning and Zoning Board approved a Master Development Plan for the entire 55 acre Bexley Park development; which includes a 264 lot subdivision consisting of 101 single-family zero lot line homes, 82 three-story townhomes, 81 two-story triplex villas, and a publicly dedicated 11.15 acre park site and 3.78 acre lake parcel. A Conditional Use approval was granted on July 22,2003 for a free standing multiple family development on the 6.79 acre parcel zoned PC located adjacent to South Military Trail, which was depicted on the previously described master plan. At its meeting of November 19, 2003, the Site Plan Review and Appearance Board approved a Class II Site Plan Modification, Landscape Plan, and Architectural Elevations for the development. At its meeting of February 17, 2004, the City Commission approved the preliminary/final plat for Bexley Park. The Bexley Park residential components are under construction at this time. The rezoning to OSR is being processed with a Future Land Use Map (FLUM) Amendment from LD (Low Density Residential 0-5 du/ac) in part and GC (General Commercial) in part to OS (Open Space). The existing FLUM and rezoning designations do not accommodate the park use envisioned for the site. The adopted Parks and Recreation Master Plan identifies a demonstrated need for the park. At its meeting of August 2, 2005, the City Commission approved on first reading the associated FLUM amendments for the property in conjunction with Comprehensive Plan Amendment 2005-2. The Planning and Zoning Board held a public hearing at its meeting of July 18,2005. There was no public testimony. After discussing the request, the Board voted 6-0 to recommend to the City Commission approval of the proposed rezoning, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) (Rezoning Findings). At the first reading on August 16, 2005, the City Commission passed Ordinance No. 57-05. Recommend approval of Ordinance No. 57-05 on second and final reading. s:\Ctty Clerk\agenda memos\Ord 57-05 Bexley Park Rezorung 092005 ~ I CITY COMMISSION DOCUMENT ATtON I TO: D~ T. HA~TY MANAGER FROM: P ~RLlNG, DI ~TOR OF PLANNING AND ZONING SUBJECT: MEETING OF AUGUST 16,2005 CITY INITIATED REZONING FROM PRD (PLANNED RESIDENTIAL DEVELOPMENT) AND PC (PLANNED COMMERCIAL) TO OSR (OPEN SPACE AND RECREATION), FOR BEXLEY PARK, LOCATED BETWEEN BARWICK ROAD AND MILITARY TRAIL NORTH OF THE L-31 CANAL. I BACKGROUND I ANALYSIS .~ -.--.---. At its meeting on June 16, 2003, the Planning and Zoning Board approved a Master Development Plan for the entire 55 acre Bexley Park development. The development includes a 264 lot subdivision and consists of 101 single-family zero lot line homes, 82 three-story town homes, and 81 two-story triplex villas, a publicly dedicated 11.15 acre park site and 3.78 acre lake parcel. A Conditional Use approval was granted on July 22, 2003 for a free standing multiple family development on the 6.79 acre parcels zoned PC (Planned Commercial) located adjacent to South Military Trail, which was depicted on the previously described master plan. At its meeting of November 19, 2003, the Site Plan Review and Appearance Board approved a Class II Site Plan Modification, Landscape Plan and Architectural Elevations for the development. At its meeting of February 17, 2004, the City Commission approved the preliminary/final plat for Bexley Park. The Bexley Park residential components are under construction at this time. The rezoning to OSR is being processed concurrently with a Future Land Use Map amendment from LD (Low Density Residential 0-5 du/ac) in part and GC (General Commercial) in part to OS (Open Space). The eXisting FLUM and zoning designations do not accommodate the park use envisioned for the site. The adopted Parks and Recreation Master Plan identifies a demonstrated need for the park. At its meeting of August 2, 2005, the City Commission approved on first reading the associated FLUM amendments for the property in conjunction with Comprehensive Plan Amendment 2005-2. The second reading of the rezoning ordinance will occur at the same meeting as the adoption hearing of the Comprehensive Plan amendment (October 4, 2005). Additional background and analysis of the requests are found in the attached Planning and Zoning Board Staff Report. I PLANNING AND ZONING BOARD CONSIDERATION I At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing regarding the rezoning and related Future Land Use Map amendment. There was no public testimony regarding the proposed changes. After discussing the request, the Board voted 6-0 (Jill Morris resigned) to recommend to the City Commission approval of the rezoning from PRD (Planned Residential Development) and PC (Planned Commercial) to OSR (Open Space and Recreation) for Bexley Park by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D) (5) of the Land Development Regulations. I RECOMMENDED ACTION ! -. - -- .. -. _. Move to approve the rezoning from PRD (Planned Residential Development) and PC (Planned Commercial) to OSR (Open Space and Recreation) for Bexley Park, by adopting the findings of fact and law contained In the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D) (5) of the Land Development Regulations. Attachments Planning and Zoning Board Staff Report of July 18, 2005 and Proposed Ordinance \CD ORDINANCE NO, 57-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN PART AND PRD (PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT IN PART TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE EAST SIDE OF MILITARY TRAIL, NORTH OF THE L-31 CANAL, AS MORE P ARTICULARL Y DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SA VING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April 2005, as being zoned PC (Planned Commercial) District in part and PRD (Planned Residential Development) District in part; and WHEREAS, at its meeting of July 18,2005, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has detennined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section I. That the recitations set forth above are incorporated herein, Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of OSR (Open Space and Recreation) District for the following described property: Tracts C-l and C-2, Plat of Bexley Park as recorded in Plat Book 102, Pages 48-56, of the Public Records of Palm Beach County, Florida Section 3, 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 confonn with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs (DCA) finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. (as referenced in Ordinance 56-05). 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 2 ORD NO. 57-05 PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT --- MEETING DATE: July 18, 2005 AGENDA ITEM: IV.D. (2)(a) ITEM: Future Land Use Map amendment from LD (Residential Low Density 0-5 du/ac) in part and GC (General Commercial) in part, to OS (Open Space) and rezoning from PC (Planned Commercial) in part, and PRO (Planned Residential Development) in part, to OSR (Open Space and Recreation) for the public park within the Bexley Park Subdivision located on the east side of Military Trail north of the L-31 Canal. (Quasi-Judicial Hearing) -. · '. '. . ---.-.------..--- ---- __t::~~ - -----~----~~- - - - , . ~.-.( Cl""CA.L BOULEVARD -----f -- -, ' '-./l f " --. l-==~ n___ --------. <: 1 - - , ~- . -- ~ ~ -= - <{ _~-. r---... ",-;. - I- -- ':~.' ._ __ , '" --i2·1...·~ \ \-- . 1 ¡. ~~.g - ~ ' GENERAL DATA: ~ ~1~.'·Y ~ 'un. '.' J§lr --,·t,~--i' _ . ¡~r..:::- ~ MODERN DP'''' D.~I [ -~ . .-Jâl 'n___, --'- -- . - 15 - f~':'~ Owner...................................... City of Delray Beach ' } '" ../~\, - 2.\=:'¡ . . ',,------, ClASSiCA~ S::x!Lt:""RD J :.3~ =: Apphcant..................................... City Initiated - l-t -~-æ Location...................................... North of Lake Ida Road, between ~.. .=--.-____.-H='..~.~:-.. ,m· _:;;:c:~ - ' Military Trail and Barwick Road, PAL·' ",OGE BL";; ___ ~ (.EXLO P;' 'OR o within Bexley Park subdivision. fl~11 ~_ _..~ -: I ¡- Property Size.............................. 11.15 acres---n--..~ ! Ii Existing Future Land Use Map.. LD (Lo~ Density Residential, 0-5 ~-_~ ~1 ¡ !! I du/ac) an part and GC (General lJ-- - - -~ -. I ¡ . . .............a: Commercial) In part _ - Proposed F.LU.M.................... OS (Open Space) : : Existing Zoning........................... PRO (Planned Residential) in part: : and PC (Planned Commercial) in ~ · · · .. : rt - · pa . . Proposed Zoning..................... OSR (Open Space and Recreation) : .... :. Adjacent Zoning................North: PRO i-n- __m~~¡~L,___ L-::.31. East: PRO ¡ I '~ <)? South: RM (Medium Density Residential) @~o~\ (Ôì ,nr"" A....G~" .\ ~/í'~ II West: PC . ,,~0~~'ì\ fl,$ i1' Existing Land Use...................... Vacant (.( ~L. (:":'---.//i?', ~ '-', L~'E ~ 0 ------, ~ Proposed Land Use.................... Future Land Use Map Amendment . " ìi 0' I L.. and Rezoning to more consistent i ~ ¡- =;y,r= d~signations to accommodate a I(~~ ~~J I ~ City Park. ,-" \>. \' ~ \\ i /, . ~ ~ il "-\ \~~ ' 'i Water Service............................. n/a )"- " ,ç--'~, ,ill S S· I (Õ)~\~/·I \0 \~~' \" ewer ervlCe............................. n a 'C:J ~ ~ ?0 IV. D. (2}(a) I IT E M BEFORE THE BOARD I The action before the Board is making a recommendation to the City Commission on a City initiated Future Land Use Map amendment from LD (Low Density Residential 0-5 du/ac) and GC (General Commercial) in part to OS (Open Space) and rezoning from PRD (Planned Residential Development) and PC (Planned Commercial) to OSR (Open Space and Recreation) for Bexley Park, generally located north of Lake Ida Road, between Military Trail and Barwick Road, within the Bexley Park subdivision. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM and Rezoning Amendments for any property within the City. I BACKGROUND I The subject property has an extensive land use history and the following are the most recent land use actions regarding the subject property: In 2001, the City acquired approximately 55 acres of land at the City's northwest planning area. Under direction of the City Commission, staff issued a Request for Proposal (RFP) to Master Plan the property for future development. The RFP emphasized several items including the provision of moderate-income housing and the reservation of approximately 10-15 acres of the residential component for a neighborhood park. At its meeting of November 5, 2002, the City Commission approved the selection of the development proposal known as Bexley Park. At its meeting on June 16, 2003, the Planning and Zoning Board approved a Master Development Plan for the entire 55 acre development. The development includes a 264 lot subdivision located on a 55.187 acre site and includes 101 single-family zero lot line homes, 82 three-story town homes, and 81 two-story triplex villas. The development proposal also Incorporates the following: . A publicly dedicated 11.15 acre park site; . A 3.78 acre lake parcel; A Conditional Use approval was granted on July 22, 2003 for a free standing multiple family development on the 6.79 acre parcels zoned PC (Planned Commercial) located adjacent to South Military Trail, which was depicted on the previously described master plan. At its meeting of November 19, 2003, the Site Plan Review and Appearance Board approved a Class II Site Plan Modification, Landscape Plan and Architectural Elevations for the development. At its meeting of February 17, 2004, the City Commission approved the preliminary/final plat for Bexley Park. The Bexley Park residential components are under construction. I FUTURE LAND USE MAP AMENDMENT ANA LYSIS I This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). Land Use Analvsis: 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 P & Z Board Staff Report Bexley Park - FLUM Amendment and Rezoning Page 2 situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The underlying Future Land Use Map designation for the subject property is a combination of LD (Low Density) and GC (General Commercial) and the proposed designation is OS (Open Space). The Parks and Recreation Master Plan identifies this 11.15 acre site as a appropriate location for a neighborhood park. The proposed zoning designation of OSR (Open Space and Recreation) will be consistent with the proposed Future Land Use Map designation. 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-1.7: Amendments to the Future Land Use Map must be based upon the following findings: D 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 basis for the FLUM change is that the existing FLUM designation of LD (Low Density Residential 0-5 du/ac) and GC (General Commercial) will not accommodate the park use envisioned for the site. The above policy does not require data and analysis to be provided to support the new OSR FLUM designation; however, the adopted Parks and Recreation Master Plan identifies the demonstrated need which was adopted by the City Commission in 2002. o Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan, A review of the applicable Comprehensive Plan Policies was undertaken and the following applicable policy was identified. Open Space and Recreation Element Policy A2.14 - All planning for parks and recreational facilities shall be in accordance with the adopted City of Defray Beach Parks and Recreation Master Pfan The proposed FLUM amendment is consistent with this policy as a directive of the Master Plan is to provide additional neighborhood parks Citywide. The Park was depicted on the master plan and dedicated in conjunction with the subdivision plat. 0 Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. P & Z Board Staff Report Bexley Park - FLUM Amendment and Rezoning Page 3 The proposed FLUM change and rezoning will place the property in an open space category rather than the current residential category. This will result in a reduction in intensity therefore concurrency can be met and is not an Issue. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The requested designation of OS will be consistent with the surrounding land use designations and will accommodate the proposed use of the property. Since the proposed park will primarily serve the recreation needs for the immediate neighborhood and was depicted as part of the Bexley Park subdivision master plan compatibility is not an issue. D Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. The subject property will be developed as a park and will be reviewed for compliance with the LOR during the related site plan approval process. No problems are anticipated in meeting the LOR requirements. I ZONING ANALYSIS I REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the peñormance standards set forth in Section 3.2.2 (Standards for Rezoning Actions), along with the required findings in Section 2.4.5(D) (5) (Rezoning Findings), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Section 3.2.2 (Standards for Rezoning Actions): Standard B, C and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. P & Z Board Staff Report Bexley Park - FLUM Amendment and Rezoning Page 4 The surrounding residential areas are classified as "Stable" residential areas on the Residential Neighborhood Categorization Map. The adjacent residential properties are zoned PRO (Planned Residential Development) to the north and west, County AR (Agricultural Residential) to the east, and RM (Medium Density Residential) to the south. The City-initiated rezoning request is to a designation identified in the above policy, and therefore meets the intent of this regulation. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The property is surrounded by residential zoning districts. The proposed changes will allow the site to be developed into a community park to serve this immediate neighborhood and as such should not be incompatible. Section 2.4.5(D) (5) (Rezonina Findinas): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The reason for the rezoning is "b" and "c". The change in circumstance is that the property has been annexed with the expressed purpose identified in the RFP of establishing a community park. The proposed land use changes and zoning change are necessary to accomplish that goal. Further, the zoning designation of Open Space and Recreation is of similar intensity (if not less) and more appropriate for the property to accommodate the envisioned development of the parcel to benefit the community. I REVIEW BY OTHERS I The development proposal is not located within the geographical area requiring review by the CRA (Community Redevelopment Agency). Courtesy Notices: A special courtesy notice was provided to the following Homeowners and Civic Associations: · Barwick Ranch Estates · Country Manor · PROD (Progressive Residents of Delray) · President's Council P & Z Board Staff Report Bexley Park - FLUM Amendment and Rezoning Page 5 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. I ASSESSMENT AND CONCLUSION I The existing FLUM designation of LD (Low Density Residential 0-5 du/ac) and GC (General Commercial) and zoning of PRD (Planned Residential Development) are inappropriate for the site in light of the expressed purpose of the property per the RFP, dedication and the Parks and Recreation Master Plan. The FLUM amendment and rezoning will allow the development of the parcel as a neighborhood park. As this Intended use of the property was envisioned by the City and the Immediate neighborhood, it is appropriate to approve these changes. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the Comprehensive Plan, and Sections 3.1.1, 3.2.2, and 2.4.5(0) of the Land Development Regulations. I ALTERNATIVE ACTIONS I A. Continue with direction. B. Move a recommendation of approval to the City Commission for the Future Land Use Map amendment from LD and GC to OS and rezoning from PRO and PC to OSR for Bexley Park, by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2 2, and 2.4.5(0) (5) of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the Future Land Use Map amendment from LD and GC to OS and rezoning from PRO and PC to OSR for Bexley Park, by adopting the findings of fact and law contained in the staff report, and a finding that the request is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D) (5) of the Land Development Regulations. I STAFF RECOMMENDATION I Move a recommendation of approval to the City Commission for the Future Land Use Map amendment from LD and GC to OS and rezoning from PRO and PC to OSR for Bexley Park, by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2 2, and 2.4.5(D) (5) of the Land Development Regulations. Attachments Existing & Proposed Future Land Use Map Existing & Proposed ZOning Map ~ I 'in -., ",-, " " ' .. " I,,, I I I III I 'I' ~ l nn II j ¡ I 11111 III I! 1111 ïi ,I " / / r--- DANSON WAY ""< :~ M~^,~Œ.AAO, v' ,-- (' 111111111111111111111111 I) ~-- , I III ¡" f----¡f-- IIII h / ~ ~,~ ffiffiffi ffiffiffiffiffiffi 1\ III P .~- ::::J~ ê § I' ~= I I ï'GHGA) I, DRI~ I ,II , I" J , ~ f---- I--- '\" -r" - ,'"------iif I--- - - \ I I~ ~ ~ II ! -= = ~ ~./ PINE tREE DRI~ 1..6", - -' --j i I-- '" - lu EŒB3ffi IWII.J 'I -< >- , 'd --j /./ "o, IAOOERN DRI~ ffi ¡¡o ~ =~--' / I! I 1:;;,= - ~ -G u_ ,-- ~ - /'ÎII III I)~ - f----- g~ '\.. SUNRISE B~LEVARD V,V CLASSICAL BOULEVARD u, ~ i'5~ / I / I I I I III f\! ~ "-t=: P~lI.t-R:~:~~.': t-;' -, r \ I ~ \J I 11/~ ;~~"GE, u. V}f~ . ~ - --.J -... "'/ BEXLEY PARK ,,/ ' ì RANCH - <--- ----' fhJ I I - >- J""V r--- ~ ~ - - >< I « ~ ~~ ~ U w - _ -f--I-- ~- ~ d ~ f-Eo:: õ ì ~ f-- LO ~ ~ :, ~~t= 0 ,-- I- ~ \ f-- f-- f-- '" f-- I-- T~~jN ~ \ ~ ~ 1 f-- ~ 4: :==~ ~ . .'. is ì ¡ f-- f-- V I-- / ¡ '\' '-. 0 f-- ~ I 1-' J-- J.-.-- .-/ / \ "" D::: t---U i !: fmffiffiIJ " '~/ -n ., ., ., 1 _ _ ,ª', BEECHWDOD ROA,D « · ~ ~ \ \ L = g I' ¡ "'hr=: ' <:> ¡' i -~ I- ~...l=j¡¡ I' - -... =~ - 0 - I- f2 '0'-- / , - ~= r=:'" Î=t '>- , --.J - >-'- ,- <n I ___L../ ' I -w - B£XLEY \ - '" OAK HILL ROAD 2' II II I - ì ! IJJê .-".,'. - II ' CANAL L-}l ----¡ VIA DELRAY ,)L, ~ ~ i E 0 O~~é#~ ©l ~~~ ~l~'" OM~ ~ =f I I r y..\) #> ,5- (~ Ó}1! DO ~, ,I ;;; i' OSrr;'~ ~""', \ ~: I III \ LANE 0 -( 0 'º ~ @ -.: 0 ¡I' I _ r- ~ COUNtRy I\MANORS ROAD """"""- ~ I IL ~ ~ y ~ ~ ì ~ I~,,"~~P ~~ 0 /~'" <Q~'AA""&)ì; I J l )) (/) \~ ,L- LJ ~ ~ ( j/ oc i"\ dO) ø£ / 0 \.Ø£....- I r- n,- .f 0 .\ LANE if¡ 'cY 4: FIR~ l,s¿ ~-' '--- 0 ~ ~- ~ ICD ~A - LAKE IDA ROAD n ì \ I II!IIIIIII II ììrl I! II N EXISTING FUTURE LAND USE MAP AMENDMENT FOR: - CITY PARK WITHIN BEXLEY PARK CITY OF DELRA Y BEACH, FL PLANNING'" ZONING DEPARTII£NT - - DIGITAL BASE MAP SYSTEM - - MAP REF LM854 , r^",^' I [n . - ,-"-,, " . . . ,,, . . . .. '-" lIllllll 111111111 11m i :~ IT r 111 / - , - :~ II QAS~CAL· BiTAR, ~ . ~ DANSON WAY - (III=~=~"I) ::I~~ - - -:::J f-- .- ( f-- - HIGHGA TE DRIVE II .. - f-- I \ I' 111 I II ' ~ ~- f-- - '== I~ t---- £> f-- - = _r" , . .' ':'~ï: . , .' " <it f-- r--- f---- r-- '---- r--- f---- ~ ~v t±Ef8Mj IMD f- Jf-- I I I f-- or--- I------ I ~ ~~ / /~ I Miìi ORlt ;r--- =u~ II I II! ¡ D~~ - - õ "" SUNRISE BOULEVARD ~ CLASSICAL BOUlEVARD d ~~ I /1 II I III 1 f\.> - ~ I------ I~ - ~ ì ....- ,-. -. " .. ,,- .- - e~_~~ ~ . ~ (\ I I: \11 .. ,)\\~~·Q~""~í"· .. - - ~ ~=, l~' I trd I~ >- J~ - - ~ - - '" 11 ~ -- I-- ~ 'j õ ~ . -= ~ LDJf:~-:;: ~ç:-c = - '::i x - _ f-- "'I-- I---- - Ti~N ~ \ - -- ( e- I j « -w I--d I: . _,_ 5 1------_ \ I------ ---- ./ ~- IV '¡ ' "" 0 I--~ I------ ~- / I \ oc f-- U -';a . ." , " , b= mmJ \ ~L .. <¡;II ~ \ I ' I f-- « BŒOiWOOO ROAD I-- :::¡ I~ f--~ _0 I i I f-- '" « ,;~ :::: ¡: ~D I ~---- -:;:E - i<f= ~,., _ t- ~~ I -~ '- ~ :: BEXl£Y -~ OAK HILL ROAD 2: ffiIrl \ .J I ì I§ .- -,,- I L J CANAL L-31 I I VIA DElRA Y o -----5~ .3'? ð- ~ i"y I- 0 fj<?}~<;J ~ o. ~ ~~ ~~o -OS! '= « g.<.J ~&. ~'" 0 / ð OSI '" ~"" ~ ~"'\ ,$>~ f--: II I rr -è-"~ I) f-- ~ COURT I ! ( '^"' 4Q; c, ù~ .. ~ LANE z TJ TI í( o. 0 COU::\\MANOR~o:lr ~ I ......... , ~ I ~/" @~,~, 4 I- ~ ~ 5l \~- 0 ~~Q~~ 0 ~ u :::> PPoooWII.{ C?t' ç,BIRD ff - 0 ©~~I v ~ (f) l- L-.J ~o (,,,,_Æg o::~ o u-.NE J n,---} 0 ~ 0 « FIRE --- ¿,...s -----" IJJ STA. #4 I I--- L A K E I D A ROAD n ') \ I ì Î Î ì Î t I I I I I 11 ì ( . \ I I I \ N PROPOSED FUTURE LAND USE MAP AMENDMENT FOR: - CITY PARK WITHIN BEXLEY PARK Dry OF DELRAY BEAOi FL PLANNING'" ZONING DEPARTMENT RUM FROM U) (RESlDENnAL LOW DENSITY 0-5 OU/AC) AND GC ( G£N(RAL COMMERCIA.L) TO OS (OPEN SPACE) - - OIG/TAL BASE MAP SI'STH( -- MAP REF LM854 --' ~ "~~ \-.11 I I l-jp' __1, '- '< '- "i'- ' " IN"- TRI'( ""''''', , ''''''~ ~ ~ S~ ;' /" MODERN DRIVE ~:= I ~ ~ f---- ~ ~~~ ""~'"" I"" '" ~ ~ -= := ;¡l!ìi i 5~ '- := '" i'- ,," " '" "'f"-..'" I"-. '" "<:'" "- == - I I I I)~ § ~ '" ~~ISNOÒlEVÀeD '" '" ~ " = /1 1 CLASSICAL BOULEVARD d /! ~ _ '- ,~~"'" "" Ì"'- "" ~ "", '\ '" i"'~ ~ / III I II \ ~ E = '" "" ~~~""~ "Ì"'- '" "",~ ~ == ~~~~~ ;;/\ II [ i I I r)-'-~' '-'r ' - l RI E YO ¡>..; '~ \ I I· I "ì / / - --.J . \ ' --'- _ '- '- '- '\. '\. ~"",' -/ BEXLEY PARK ~ RANCH ~~~~~~,~~ == ~~~ ~ =~ð T ,.:- ill ~ ~ ~'" "'~,,~ ~ - *D := f::: _! ,J..~" ~ - ,,"'''~ Ì"-', ~- - '---. ~ ~ ~ '-- :: "" ~ "'~ is I"" '" '" '= = L --"r-- / 1 ~~ ~ ~ -=~~ ~'''-~ ~ ~M == ~ EBHfJffm m ~ ~ == ~~~ ~~; m ~~~""" ~ =-~~ 'Év-=~ ~ 'I ,,- ~ lttUlmm1Jffi111 ~ i~ ~ ~ ~ '-. . . ~ C,b.,NAL L-31 ~ - --., (ôì - o ~o ~ ø:<þ~Q ~ ~ f-- ~'<- ~ (-<l f-- g,~ Ú<'::; %-1.0 ( -<--\)~ ) ~ ,ý 'r' U - ( LANE Ao Co G q¡: ~ MANOR¢Oi 0 / I-- I 1 - - I-- :r: ~~ ~ I- ::::--- MEAOOWl~ 0 o~ I¥ff,p 0 ü => ¡ ~ 'PoORW/{.L: ~ -?-t- ' ( 0 .~ cf \ 3 ~ L-.J ..f (/) \ ! a::: 0 LJ>,NE ~ LANE ¡~ I~ 0 0 1-.1 iiJ '---- r1 L A K E IDA R 0 A 0 \ I I I I ; I I I I ¡ I I I 1 I I I ì ( ~ \ I I r N EXISTING ZONING DISTRICT MAP FOR: - CITY PARK WITHIN BEXLEY PARK aTY Of DELRAY BEACH. fL PLANNING &: ZONING DEPARTMENT - - DIG/TAL BASE U4P S'f'STEM -- t.lAP REF Lt.l854 , , ----.J - Jrl-"-- I' H! 1- ~ "\;/ "'I;IN~TR& DRlVE"-.. "-.. '" ~ "'" '" ;; = ~ == / '" '- MODERN DRIVE ~ = t; ~ ~'" "" ~ ~~ "" "" '" ~ '" "'" "" j ~ = ~ Æ ~ - '" ~ ~"" ~ "'" ""'~ "" "" "," '" '" '" == -. ( I I I I )YJ. - - ð ",,' '" ~U~IS~oo..EV~D '" " ~ '" '" = ~ CLASS¡CAL BOULEVARD d >--- = ~ - ,,"'."" ~~' '" Ì"'-.. '" '" "", "'- '" ~~ ~ / I III T '-\, = = ~ "" "'" """'" ~.~ '" '" "," ."'" _ ~~~~.~~ ~ .. 10.", .011'1'1<-<" ~~ == " ~ (/\ I I)"" ·'1-" "."."1'-' " == RI V{), '" f ~ \ / /' ~ .1 -L /' - -I " " " "" "" '" .............¡- BEXLEY PARK ~ l RANCH V ~:~~~~"'~~~ ~ == ~ ~ =~~ Ii} Jl - '" '" '~"7 ~ -~. -o~ ct:: ="I == - ~ '" '" ~ N - ,-¡""D -~~ ~~ ¿I :::) ---< == ~'::J' - ~ .. _"'I-- .----¡ N.' i-- '" ~ "" ,,\ - I-- ~ - , . -...- ~ '-- :1:, '" _ I-- I-- ~... - f= Ì'-- """~ 0 """ - - r / "(" 0 ~ - ~:~ p1ffiì1 .'L ~v ~~~~ ~ ~~~v rl~ ø ~~~~~ f == ~ ~ ~ CA.NAL L-]l ----' - ~ 0 ) ~~ ~ ~.g..'V n~ ~<>- ..<S'-G ' 9.<J- ~&. 1'1" ( - ~....' 9." ~ ~ y..-0 ) ,f è <1'1-; ó}1'o \. % ~ _ ( 0 c>Q:' ~ ~ \~NE~) I LANE~()) O~) 0-1- V ': I '-:::/ 1 COUN T::\\ MANORS ROAD I r - I - ~ w¡.¡, ::-- MEADO ( 0 ,/ o \ I~ & (f) --.-I .f I.v '-" 0 ~£A 0 '^'" n § 0 à_"ANE 0 II~ ~ LAKE IDA ROAD [) \ I r ¡ I I I I I I I I I T ì ( . \ t I N PROPOSED ZONING DISTRICT MAP FOR: - CITY Of OELRAY BEACH. Fl CITY PARK WITHIN BEXLEY PARK PLANNING'" ZONING OEPARTMENr REZONING FROI.A PRO (PLANNED RESIDENTAL) AND PC (PLANNED COI.AMEROAL) TO OSR (OPEN SPACE'" RECREAßON) -- DIGITAL BASE MAP SYSTEM -- M/>P REF LM854 C-c C~(T~ CnY OF DELRAY BEACH NOTICE OF PROPOSED REZONING The CIty CommISSIon of Ihe City of Delroy Beach, Flondo, proposes 10 odopt the following . A Rezoning FROM PC (Plonned Commercial] D,slnct In pori and PRD (Planned Residenhal Development) D,slnct In port TO OSR (Open Space and Recreahon) D,stnct,n pari for an 11 15 acre porcel of land for Bexley Pork located between Barw,ck Road and M,l,tary TraIl north of the l-31 Canal ORDINANCE NO. 57-05 -AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DElRAY BEACH, flORIDA, REZONING AND PLACING LAND PRESENTlY ZONED PC (PlANNED COMMERCIAl) DISTRIG IN PART AND PRD (PLANNED RESIDENTIAL DEVElOPMENTI DISTRICT IN PART TO OSR (OPEN SPACE AND RECREATION) DISTRIG, SAID lAND BEING A PARCEL lOCATED ON THE EAST SIDE OF Mil- ITARY TRAIL, NORTH Of THE l-31 CANAL, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DElRAY BEACH, flORIDA, APRil 2005", PROVIDING A GEN- .þo ERAl REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE 0:> 0 C') D> :2:1 D> S" ð CD ~ "< 0:> '" ~ :T Z '" ~ I -f :T co ¡¡¡ c- D> ::< en '" "S '" 3 C" ~ .?' '" <:> <:> c.n . ~ :::e ë:r 0 C') D> :::::I '" :::e ( ) n 0 rcÜLïyj íPmlfl!k ~WffUíJ¡¡Ü!ffj !BJ~JXU~'jf (fJml!!!k N 3 .- _.,."_ Crty limItS _"..._ The CIty Comm'sSlon wIll conduct two (2) Publ,c Hearings !Qr the purpose of accepllng publoc tesll- mony regarding the proposed ordinance The flrsl Publ,c Heanng w,lI be held 00 TUESDAY. AUGUST 16. 2005. AT 7:00 P.M. ,n the CommISSIon Chambers ot CIty Hall, 100 N W 1 st Avenue, Delroy Beach, Flonda If the proposed ordinance 's passed 00 flrsl reading, a second Public Heanng wIll be held on TUESDAY. SEPTEMBER 20. 2005. AT 7:00 P.M. (or at any conhnu- allon of such meellng wh,ch IS set by the CommISSIon) All Interesled clhzens are invIted to ottend the public heanng ond comment upon the proposed ordi- nance or subm,t their comments In wnl,ng 00 or before the date of thIS heanng to the Planmng and Zomng Department For further Informahoo or to obtain a copy of the proposed ordinance, please conlact the Planning and Zooln~ Department, CIty Hall, lOON W 1 sl Avenue, Delray Beach, Flonda 33444 (emall at pzmClI@myde rayplonnlnC¡¡ orc¡¡, or by callIng (5611243-7040), between the hours of 8 00 a m and 5 00 p m 00 weekdays excluding hol,days PlEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDE_RED At THIS HEARING, SUCH PERSON WIll NEED A VERBATIM RECORD Of THE PROCEEDINGS, AND FOR THIS PURPOSE SUCH PER- SON 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 0105 CITY OF DElRAY BEACH Chevelle D Nub,n CIty Clerk PUBUSH Mondaÿ, August 8, 2005 Thursday, September 15. 2005 Boca Raton/Delroy Beach News Ad# NS09052 ----- - CCUól~ CITY OF DELRAY BEACH CC NOTICE OF PROPOSED REZONING The c.ty Commlss'on 01 "'" CIf)' 01 Delroy Beach, flondo, proposes 10 adopt Ihe IoIic-- '"g A Rezomng fROM PC (Planned Commeraol) D,slnct;n port and PRD (Planned Rostdonhol Development) Dlstnd In part TO OSR (Open Space and Recreahon District In part for an 11 15 ocre po"",1 of land lor BexIoy Parle, located belween Barwick Road and Milllary Tro, nor1h of Ihe L·31 Canol ORDINANCE NO. 57.05 AN ORDINANct Of THE CITY COMMISSION Of THE CITY Of DElRAY BEACH, FLORI· DA, REZONING AND PlACING LAND PRESENTlY ZONED PC (PLANNED COMMER· ClAl) DISTRICT IN PART AND PRD IPLANNED RESIDENTIAL DEVELOPM&m DISTRICT IN PART TO OSR (OPEN SPACE AND RECREATION) DISTRICT, SAID LAND BEING A PAR· CELLOCATED ON THE EAST SIDE OF MIUTARY TRAil NORTH OF THE L·31 CANAl AS MORE PARTICUlARLY DESCRIBED HEREIN, AMENDING "ZONING MAP OF DElRAY ~ BEACH, flORIDA, APRIL 2005", PROVIDING A GENERAl REPEAlER ClAUSE, A SAV· ING ClAUSE, AND AN EFFECTM DATE g .. '" . . -.... c....... , ~ ¡ b 0 3 . g .. '" a ~ ~ .!!! ¡: g z ¡ , 3: g g- ""' ~ ~ !?" '" 0 0 '" -..I reÚš) fPaJrr/k IW/ÚU/JùÚflù !ß]{fjlfUœJff fP!I1í!/k N --- ___CltyUrnllll___ The City CommlSStof1 WI" conduct two (2) PubltC Heanngs for the purpose of accepting public teshmony regarding the proposed Of"dlOonce The lint PubtIC Heanng will be held on nJESDAY AUGUST 16 2005 þJ 7:00 PM. ;n Ihe Comm..5Ion Chamber. at CIty Hall, lOON W 1 sf Avenue, Delroy ßeoch, Flonda If the proposed ordinance IS passed on nnt reading, a second PUbJlC Heanng will be held on nJESDAY. SEPfEMBER 6 2005 AT 7:00 P.M.. tor at any conhnuahon of such meeting which IS set by the CommiSSIon) All Interested CItizens are Invited to attend the publiC heanng and c:on:q¡tent upon the pro- posed ordinance or subrmt their comments m wntmg 00 OT before the date of thiS heanng to the Plannmg and Zonmg Department For further informahon or to obtain a copy of the proposed ordmancel please contad the-Planmng and Zomng Departmentl City Hall. 100 N W 1 st Avenue, Delroy Beoch, FIonda 33444 (emall at pzmo,l@"'J"!eIraypIann'ng erg , or by ooll'ng 1561 )2.43·7040). between"'" hO\,,, of 8 00 a m and 5 00 p.m on week· days excluding halodays PlEASE BE ADVISED THAT If A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MArrER CONSIDERED AT THIS HEAR· lNG, SUCH PERSON Will NEED A VERBATIM RECORD OF THE PROCEEDINGS, AND FOR THIS PURPOSE SUOi PERSON MAY NEED TO ENSURE THAT A. VERBAT1M RECORD Of THE PROCEEDINGS IS MADE, WHICH RECORD INClUDES THE TES11MONY AND EVIDENCE UPON WHICH THE APPfA1. IS BASED THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD PURSUANT TO FS 286 0105. CITY OF DElRAY BEACft C¡",..... 1o D. Nub;n Cily clerk PUBUSH. /v\onday, August 8, 2005 Th....day, Seplember ], 2005 Boca Rolon/Delroy Beoch News Adilt NS08054