Ord 74-05
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ORDINANCE NO. 74-05
AN ORDINANCE OF THE CIlY COMMISSION OF THE
CIlY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED RO
(RESIDENTIAL OFFICE) DISTRICT TO R-1-A (SINGLE
FAMILY RESIDENTIAL) DISTRICT; SAID LAND BEING A
PARCEL LOCATED AT THE SOUTHEAST CORNER OF
NE 2ND AVENUE AND NE 91H STREET, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL
2005"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April 2005, as being zoned RO (ResidenriaI Office) District;
and
WHEREAS, at its meeting of September 19, 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 1 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 CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
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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 R-1-A (Single Family ResidenriaI)
District for the following described property:
Lots 13 thru 16, Block 12, Map of Dell Park, according to the Plat thereof, as recorded in Plat
Book 8, Page 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 immediately upon passage on second
and final reading.
\~--\;l. PASSED AND ADOPTED in regular session on second and final reading on this the
::> day of \':O'p..... ~ o\) ,20o.s...
ATTEST
~ltA
MA OR '-
~.:\~LSJ.~~
City Clerk
First Reading \ ~0- '\. ~
Second Reading '\~~ S \ fJr::::.,
2
ORD NO. 74-05
MEMORANDUM
TO:
FROM:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGER ~
AGENDA ITEM # I () A. - REGULAR MEETING OF NOVEMBER 15. 2005
ORDINANCE NO. 74-05 (REZONING/9TH STREET PROPERTIES)
NOVEMBER 11, 2005
SUBJECT:
DATE:
This ordinance is before Commission for second reading and quasi judicial hearing for a privately initiated
rezoning from RO (ResidenriaI Office) to R-1-A (Single Family Residential) for a 0.57 acre parcel of
land for 9'" Street Properties, located at the southeast comer of N .E. 2nd Avenue and N .E. 9'" Street.
The proposed rezoning involves four platted lots (Lots 13 through 16, Block 12, Dell Park) containing
two (2) structures. With the adoption of the City-wide rezonings in 1990, the parcels were rezoned
from RM-10 (Medium Density Residential-10 units per acre) to RO to accommodate the existing
medical office use.
On March 3, 1998, the Commission adopted the Seacrest/Del-Ida Neighborhood Plan. In conjunction
with the Plan, the properties immediately adjacent to the subject site were rezoned from RL (Low
Density Residential) to R-1-A. The subject properties are owned by Ninth Street Properties, LLC,
which also owns the lot immediately to the east (Lot 12, Block 12). The property owner is proposing
to build four (4) single family residences on the lots. A fifth residence is proposed for Lot 12 (located
adjacent to the subject lots), which is currendy zoned R-1-A.
Single family residences are allowed as a principal (permitted) use within the RO zone district; however,
a minimum lot size of 8,000 sq. ft. (80' frontage/width and 100' depth minimum) is required within the
RO zoning district. Based on the lot size requirements under the RO regulations, only two single
family residences could be accommodated on the subject parcel. Conversely, the proposed R-1-A
zoning district, would allow the construction of a single family residence on each of the four (50' x
100') platted lots.
The Planning and Zoning Board held a public hearing at its meeting of September 19, 2005. There was
no public testimony. After reviewing the staff report and discussing the proposal, the Board voted 6-1
to recommend approval of the 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 November 1,2005, the Commission passed Ordinance No. 74-05.
Recommend approval of Ordinance No. 74-05 on second and final reading.
S:\City Clerk\agcnda memos ard 74-05 Rezoning 9111 St Prop 111.505
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DAVID T. HARDEN, C'TV--I!:::J.fFYJJnJ2 ./"
PAUL DORLlNG, DIRECTOR OF PLANNIr&'AND ZONING
JASMIN ALLEN, PLANNERJ:t1;; /r..:'1 ~~
MEETING OF OCTOBER 2~005
REZONING FROM RO (RESIDENTIAL OFFICE) TO R-1-A (SINGLE FAMILY
RESIDENTIAL) FOR LOTS 13-16, BLOCK 12, DELL PARK, LOCATED AT THE
SOUTHEAST CORNER OF NE 9TH STREET AND NE 2ND AVENUE.
TO:
THRU:
FROM:
SUBJECT:
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The proposed rezoning involves four platted lots (Lots 13 thru 16, Block 12, Dell Park), totaling 0.57 acres.
The properties contain two structures which have previously been used as medical offices. With the
adoption of the City-wide rezonings in 1990, the subject parcels were rezoned from RM-10 (Medium Density
Residential-10 units per acre) to RO (Residential Office) to accommodate the existing medical office use.
On March 3, 1998, the City Commission adopted the Seacrest/Del-Ida Neighborhood Plan which outlined a
vision for revitalizing the Seacrest neighborhood. In conjunction with the adopted SeacrestlDel-lda
Neighborhood Plan, the properties immediately adjacent to the subject site were rezoned from RL (Low
Density Residential) to R-1-A (Single Family Residential). The subject properties are owned by Ninth Street
Properties LLC, which also owns the lot immediately to the east (Lot 12, Block 12). The property owner is
proposing to build four single family residences on the lots being rezoned. A fifth residence is proposed for
Lot 12 (located adjacent to the subject lots), which is currently zoned R-1-A (Single Family Residential).
Single family residences are allowed as a principal (permitted) use within the RO zone district, however a
minimum lot size of 8,000 sq. ft. (80' frontage/width and 100' depth minimum) is required within the RO
zoning district. Based on the lot size requirements under the RO regulations, only two single family
residences could be accommodated on the subject parcel. Conversely, the proposed R-1-A zoning district,
would allow the construction of a single family residence on each of the four (50' X 100') platted lots.
Positive findings can be made with respect to Sections 3.1.1, 3.2.2, and 2.4.5(D) of the Land Development
Regulations. Additional background and an analysis of the request are found in the attached Planning and
Zoning Board Staff Report.
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At its meeting of September 19, 2005, the Planning and Zoning Board held a public hearing in conjunction
with the request. There was no public testimony in support of or opposition to the proposal. After reviewing
the staff report and discussing the proposal, the Board voted 6-1 (Gary Eliopoulos dissenting) to recommend
to the City Commission approval of the rezoning, 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.
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Move approval of the rezoning from RO to R-1-A, 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, with second reading
to occur on November 15, 2005.
Attachments: Proposed Ordinance & Planning and Zoning Board Staff Report of September 19, 2005
\~A
ORDINANCE NO. 74-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RO (RESIDENTIAL OFFICE) DISTRICT TO
R-I-A (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND
BEING A PARCEL LOCATED AT THE SOUTHEAST CORNER OF
NE 2ND AVENUE AND NE 9TH STREET, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y
BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April 2005, as being zoned RO (Residential Office) District;
and
WHEREAS, at its meeting of September 19,2005, 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 I to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, pursuant to Florida Statutes I63.3l74(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 R-I-A (Single Family Residential)
District for the following described property:
Lots 13 thru 16, Block 12, Map of Dell Park, according to the Plat thereof, as recorded in Plat Book
8, Page 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 immediately upon passage on second
and final reading.
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. 74-05
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
September 19. 2005
IV. B.
Rezoning request from RO (Residential Office) to R-1-A (Single Family
Residential) for Lots 13-16 Block 12, Dell Park, located at the southeast
corner of NE 2nd Avenue (Seacrest Boulevard) and NE 9th Street and known as
9th Street Properties. (Quasi-Judicial Hearing).
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant......................... Ninth Street Properties LLC
Applicant.................................... Ninth Street properties LLC
Agen!.......................................... Weiner & Aronson P.A.
Location...................................... Southeast corner of NE 2nd
Avenue and NE 9th Street
Property Size.............................. 0.57 Acres
Future Land Use Map................ TRN (Transitional)
Current Zoning............................ RO (Residential Office)
Adjacent Zoning................North: R-1-A (Single Family
Residential)
East: R-1-A (Single Family
Residential)
South: RO (Residential Office)
West: R-1-AA (Single Family
Residential)
Existing Land Use...................... Medical Office (vacant)
Proposed Land Use.................... Four single family residences.
Water Service............................. Existing on site.
Sewer Service............................. Existing on site.
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The item before the Board is that of making a recommendation to the City
Commission on a rezoning from RO (Residential Office) to R-1-A (Single Family
Residential) for 9th Street Properties.
The subject property is located at the southeast corner of NE 9th Street and NE 2nd
Avenue (Seacrest Boulevard).
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The proposed rezoning involves four platted lots (Lots 13 thru 16, Block 12, Dell
Park), totaling 0.57 acres. The properties contain the following:
214 NE g'h Street (Lot 13): Existing 1,008 sq. ft. medical office building.
899 NE ~d Avenue (Lots 14-16): Existing 3379 sq. ft. medical office building.
While it is not clear when these structures were built, a conditional use approval was
granted by the City Commission in 1978 to convert the existing residential structures
to medical office. With the adoption of the City-wide rezonings in 1990, the subject
parcels were rezoned from RM-10 (Medium Density Residential-10 units per acre) to
RO (Residential Office) to accommodate the existing office use. Concurrently the
adjacent lots to the east were rezoned from RM-10 (Medium Density Residential) to
RL (Low Density Residential). On March 3, 1998, the City Commission adopted the
Sea crest/Del-Ida Neighborhood Plan which outlined a vision for revitalizing the
Sea crest neighborhood. In conjunction with the adopted SeacrestlDel-lda
Neighborhood Plan, the properties immediately adjacent to the subject site were
rezoned from RL (Low Density Residential) to R-1-A (Single Family Residential).
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The subject properties are owned by Ninth Street Properties LLC, which also owns
the lot immediately to the east (Lot 12, Block 12). The property owner is proposing to
build four single family residences on the lots being rezoned. A fifth residence is
proposed for Lot 12, which is zoned R-1-A (Single Family Residential)_ Thus the
rezoning request from RO (Residential Office) to R-1-A (Single Family Residential) is
now before the Board.
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REQUIRED FINDINGS:
LDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to LOR Section 3.1.1, prior to approval of development applications,
certain findings must be made in a form which is part of the official record.
P&Z Board Staff Report
Rezoning from RO to R-1-A for 9th Street Properties
Page 2
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.
o Future land Use Map - The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said
zoning must be consistent with the applicable land use designation as
shown on the Future land Use Map.
The subject property has a Future Land Use Map designation of TRN
(Transitional) and is currently zoned RO (Residential Office). Single family
residential uses are permitted as a principal use within the RO zoning district.
Pursuant to LOR Section 4.3.3 K "Development Matrix", a minimum lot size of
8,000 sq. ft. (80' frontage/width and 100' depth minimum) is required within the
RO zoning district. Based on the lot size requirements under the RO regulations,
only two single family residences could be accommodated on the subject parcel.
Conversely, the proposed R-1-A zoning district, which is also consistent with the
TRN Future Land Use Map designation, would allow the construction of a single
family residence on each of the four platted lots. Thus, based upon the above, a
positive finding can be made with respect to consistency with the Future Land Use
Map designation.
o Concurrency - Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
In the preparation of the Delray Beach Comprehensive Plan, the land use
designations throughout the entire planning and service area were considered
with respect to the overall land use pattern, assessment of level of service, the
provision of services, and meeting remaining land use needs. It is noted that the
single family development allowed under the R-1-A zoning designation
characteristically has less impact on concurrency than the duplex and office uses
allowed within the RO designation.
Drainaae: With rezoning request drainage plans are not required. With
redevelopment of the site, drainage plans will be submitted; however, there are no
problems anticipated in retaining drainage on site and obtaining any/all necessary
permits.
Traffic:
A traffic statement was not submitted with the proposal. However, pursuant to the
Institute of Traffic Engineers (ITE), single family residences account for an
average daily trips (adt) of 10 per residence, thus a total of 40 trips are
anticipated which is significantly less than the existing office use.
P&Z Board Staff Report
Rezoning from RO to R-1-A for 9th Street Properties
Page 3
Parks and Recreation: Pursuant to Land Development Regulations (LOR) 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 unit. Based upon the proposed rezoning,
four (4) dwelling units would be allowed, thus requiring a park impact fee of
$2,000.
Schools: A School Concurrency Application has been transmitted to the School
District of Palm Beach County for their consideration. The Palm Beach County
School District has approved the development proposal for compliance with the
adopted Level of Service for School Concurrency.
Solid Waste:
Based upon the Solid Waste Authority's typical waste generation rates, the waste
to be generated by the four proposed residences will be 1.8 tons less than that
which is currently generated. Additionally, the Solid Waste Authority has indicated
that its facilities have sufficient capacity to handle all development proposals until
the year 2021.
o Consistencv - The requested designation is consistent with the goals,
objectives and policies of the most recently adopted Comprehensive Plan.
Future Land Use Element Obiective A-1: Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate
in terms of soil, topographic and other applicable physical considerations;
is complimentary to adjacent land uses; and fulfills remaining land use
needs.
There are no significant environmental characteristics to the subject property.
Redevelopment of the property, based upon the proposed zoning, is compatible
with the adjacent land uses, which consist of single family residences to the east
and west, duplex residences to the north and duplex/office to the south). No
compatibility concerns are noted with the surrounding land uses.
Housina Element Policv A-12.3: In evaluating proposals for new
development or redevelopment, the City shall consider the effect that the
proposal will have on the stability of nearby neighborhoods. Factors such
as noise, odors, dust, traffic volumes and circulation patterns shall be
reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a
proposed development will result in a degradation of any neighborhood, the
project shall be modified accordingly or denied.
The proposed redevelopment of the commercial property to single family
residences will have a positive effect on neighboring residential properties as the
impacts such as noise and traffic will decrease.
o Compatibility - The requested designation will be compatible with the
existing and future land uses ofthe surrounding area.
P&z Board Staff Report
Rezoning from RO to R-1-A for 9th Street Properties
Page 4
Compatibility is discussed below under the Standards for Rezoning.
o Compliance -- Development under the requested designation will comply
with the provisions and requirements of the Land Development Regulations.
Future redevelopment of the subject parcels will be in accordance with the City's
Land Development Regulations. During the permit review process, the
development proposal will be reviewed for compliance with the LDRs. Pursuant
to LOR Section 4.1.4, while the lots do not comply with the minimum lot area and
lot dimensions for the R-1-A zoning district, they may nevertheless be used to
accommodate four single family residences as they qualify as lots of record.
Pursuant to LOR Section 4.3.4(E)(3)&(4), 'Where a corner lot or through lot has
frontage on an arterial or collector street, the front shall be the side with frontage
on the arterial or collector. Notwithstanding the previous description, if a limited
access easement or limited access right-of-way runs the length of the frontage on
a street, then the front of the lot shall be on frontage without such access
restrictions"
Thus the frontage for Lot 16, (corner lot) is NE 2nd Avenue (Seacrest Boulevard),
unless a limited access easement is placed along NE 2nd Avenue, in which case
the frontage becomes NE 9th Street. Given the orientation of the adjacent lots,
staff recommends that a limited access easement be recorded along the entire
length of NE 2nd Avenue. Given the above, a positive finding with respect to
compliance with the Land Development Regulations can be assumed.
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STANDARDS FOR REZONING ACTIONS:
Compliance with the performance standards set forth in LDR Section 3.2.2,
along with the required findings noted in LDR Section 2.4.5(D) (5) 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.
LDR Section 3.2.2: Standards A, e, C and E are not applicable. The applicable
performance standard of LDR Section 3.2.2 is as follows:
(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.
The following zoning designations and uses border the property:
P&Z Board Staff Report
Rezoning from RO to R-1-A for 9th Street Properties
Page 5
Zonina Desianation:
Use:
West:
R-1-AA
Duplex/Single Family
Duplex/Office
Duplex (property owner intends to
demolish and construct a single
family residence)
Single family residences
North:
South:
East:
R-1-A
RO
R-1-A
The surrounding residential area has been identified as "Revitalization" on the
Residential Neighborhood Categorization Map. The adjacent residential properties to
the north and east are zoned R-1-A (Single Family Residential), which is the
requested zoning classification. The properties to the west are zoned R-1-AA (Single
Family Residential). Although this district accommodates a lower density than the R-
1-A zoning district, no compatibility issues are anticipated. The RO zoning on the
properties to the south accommodates single family residences as well as more
intense duplex and office development.
Policy A-5.5 of the Housing Element requires that a neighborhood plan be prepared
for areas identified as "Revitalization" on the Residential Neighborhood
Categorization Map. As previously stated the Seacrest Del-Ida Neighborhood Plan
was adopted by the City Commission on March 3, 1998.
For future residential development, the SeacresUDel-lda Neighborhood Plan states "it
is the intent of this plan that all new residential development or redevelopment not
located within the Del-Ida Park Historic District be single family detached housing".
The proposed R-1-A zoning furthers the goal of the SeacresUDel-lda Neighborhood
Plan and is appropriate given the existing development pattern and typical lot sizes
on NE 9th Street. Based upon the above, a positive finding can be made with regard
to LDR Section 3.2.2(D), that the proposed rezoning will not result in adjacent
incompatible land uses.
LOR Section 2.4.5(0) (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 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.
P&Z Board Staff Report
Rezoning from RO to R-1-A for 9th Street Properties
Page 6
The applicant has submitted the following statement indicating the reasons for which
the rezoning is being sought based on "C" above:
"Pursuant to Section 2.4.5(D)(2)(C), the request zoning is of a similar intensity as
allowed under the Future Land Use Map. Per Table L-7 of the City of Delray Beach
Comprehensive Plan, R-1-A is a compatible zoning district with the land use
designation of TRN. The parcels being rezoned are sited on a block which is already
zoned R-1-A and is comprised of single family homes. The zoning differences divide
the block and detract from the overall aesthetics of the neighborhood. In addition, the
existing office building surrounded by single family homes is inappropriate. These
properties should be zoned to be compatible with the neighborhood. Finally,
according to the Sea crest/Del-Ida Park Neighborhood Plan adopted by the City
Commission on March 3, 1998, "it is the intent of this plan that all new residential
development or redevelopment ..... be single family-detached housing. FLUM and
zoning designations will be amended where necessary to support this goal"
By changing the zoning from RO to R-1-A, the City will reduce the density allowed for
these parcels and create a more cohesive neighborhood as outlined in the
Seacrest/Del-Ida Park Neighborhood Plan.
The basis for which the rezoning should be granted relates to "c' in that the proposed
rezoning will allow the redevelopment of the property to be consistent with the zoning
classification and uses within the block and will enhance the overall aesthetics of the
neighborhood. Based upon the above, a positive finding with respect to LDR Section
2.4.5{D){5) can be made.
~A~~n" -3':~ ~~;.""r ":~~~-.,,~~~_,},~~;l:,^,"~~~:" ,",=i,~!i~ ~':'l~,,,,":< _~~~"~,~
Community Redevelooment Aaency (CRA):
At its meeting of September 8, 2005, the CRA reviewed the proposed rezoning and
recommended approval.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of objection andlor support, if any, will be presented at the
Planning and Zoning Board meeting.
Courtesy Notices:
A special courtesy notice was provided to the following homeowners associations:
. Seacrest Homeowners Association
. PROD
. President Council
. Del-Ida Park Homeowners Association
P&z Board Staff Report
Rezoning from RO to R-1-A for 9th Street Properties
Page 7
~---
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The proposed rezoning from RO (Residential Office) to R-1-A (Single Family
Residential) is consistent with the policies of the Comprehensive Plan and Chapter 3
of the Land Development Regulations. The proposal also is consistent with the
SeacrestlOel-lda Neighborhood Plan, as it will provide for uses that will enhance the
residential character of the neighborhood and reduce the negative impacts associated
with non-residential vehicular traffic on local residential streets. Positive findings can
be made with respect to LOR Section 3.1.1 (Required Findings), LOR Section 3.2.2
(Standards for Rezoning Actions), LOR Section 2.4.5(0)(5) (Rezoning Findings), and
the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, this
rezoning can be recommended for approval based on the findings outlined in this
report.
Ii(~f,!-
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the privately
sponsored request for a rezoning from RO (Residential Office) to R-1-A (Single
Family Residential) for the subject property, 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 the SeacrestlOel-lda Park
Neighborhood Plan, and meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1
and 3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the privately
sponsored request for rezoning from RO (Residential Office) to R-1-A (Single
Family Residential) for the subject property, by adopting the findings of fact and
law contained in the staff report, and finding that the request is inconsistent with
the Comprehensive Plan and SeacrestlOel-lda Park Neighborhood Plan, and does
not meet the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land
Development Regulations.
L' Z"'ia.... _"'.:~ -_ _ - ~ . ~h . " ---- ~~ --~
Move a recommendation of approval to the City Commission for the privately
sponsored request for rezoning from RO (Residential Office) to R-1-A (Single Family
Residential) for the subject property, 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 SeacrestlDel-lda Park Neighborhood
Plan, and meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the
Land Development Regulations.
Attachments:
1:1 Zoning Map
1:1 Survey
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www.bocanews.com . Boca Raton/Delray Beach News - FrtdaylSaturday, November 4-5, 2005 23
100
ANNOUNCEMENTS
---{]ID-
lEIw. IIoncES
IWITlut--..,-...-.-
IlOTICIOF....-..c_
APUBUCHEARINGwillbeheklonltle
.follov.W1g~lXtlinancesal7:00
~:a1~~~
meetin!ll'oflichisset~thecommls-
=~'rootheN,~~=
IleiK;h,AoricIa,atv.R::hIimeItleCity
~re~~~
l!lSpedecIatlheOffi:eotttJeCityClerJl
atCilyHaH,100N.w.1S1A_.DeI-
ray Beach. Florida, be!weelllhehoun;
or 6.00 a.m. and 5:00 p.m.. Monday
through FrWy, elICepl holidiIys. AI
IIllemstedpartlesarelnviledtoallend
andbeheardwilhlllSpeCltothepro..
pusadordinances.
OROlIWfCENO.74-115
AAORDINANCEOfTHECfTYCIJM.-
MISSION OF THE CITY Of DfLRAY
BEACH, FLORIDA, REZONING AND
PLACING l.AND PRESEN1l y ZDHED
AO(RESlDENl1AlOlflOO~"'Ic:r
TO A-l~M>LE FAMILV RESlDEH-
=~~~l~~
EAST COOPER OF IE 2ND AVEMJE
(SEACREST BOULfVARO)'ANI) M'
9lH STRm. AS MORf PARTICU-
lARLYOESCFIIBEDlfilEIN;AMfN}..
ING "ZONING MAP OF ORRAY
BEACH, FLORIDA, APRIl2005"; PR0-
VIDING A GENERAl REPEALER
ClAUSE. A SAVING ClAUSE, AND Nl
ffi'ECllVEDATE
0R0lIWICE1IO.75-G5
AN ORDlNANCEOFTliECfTYOFOEl"
RAY BEACH AMEMlING Tm.E 13,
"GENERAlOFfENSES",OFTHECODE
Of OADINANCES BY ENACllHG A
NfW CHAPTER 1$, "SCXUAL
DFfENDfAs AND SEXUAL PREDA-
TORS",; PROVlOlNG fOR OEFlNI-
llONS; PfIOHIBffiNG SfXUAL
OFffN:lEJls AND SEXUAlI'fmA-
TORS COHVIClED OF CRIMES
UMJEflCERTAlNR.ORIMSTATUT!S
FROM LMNG WITHIN 1,500 FfET Of
SPeClAB:llOCAllONS WITHIN TlE
CI1YOFDElRAYBEACHANOPflO-
~Vl~~~
--[!ID.--
LEGAL NOTICES
H~Ll..AIRit;l'H1o'\1'i1t:tttv-
TJVEDATE.
Please be advised Ihat ifa person
decidesloappealanydecisiOl1maOO
bylheCilyCommissionwithresJlllClto
any malter considered atlhese hear-
ings,sucl1 pefSOO may need to enSUl1l
Ihalavertlatimrecoo:lindudesllleles-
limonyandsvldeooiuPOOwhichlt1e
appealistobe~d.TheCitydoes
~~F::.=I~~hrecord.
CfTYOFDElAAYIlEACtl
ChewlleO.Nubin
01""'"
PU8L1SH:friday,NoYernber4.2005
Boc.a RatonlOelray Beach NewsM
"254Il5