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Ord 60-05 (" /,\ ORDINANCE NO. 60-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-I-A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED AT THE NORTHWEST CORNER OF LINTON BOULEVARD AND SW 4TH AVENUE 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 R-I-A (Single Family Residential) District; 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 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 RM (Medium Density Residential) District for the following described property: A portion of Lot 8, Model Land Company's Subdivision of Section 20, Township 46 South, Range 43 East, according to the Plat thereof as recorded in Plat Book 1 at Page 4 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Commence at the Southwest comer of Lot 8, Model Land Company's Subdivision of Section 20, Township 46 South, Range 43 East, according to the Plat thereof as recorded in Plat Book 1 at Page 4 of the Public Records of Palm Beach County , Florida, said point being coincident to the South one-quarter Section comer of said Section 20; thence N 89' 38' 18"E along the South line of said Lot 8 and said line being coincident with the centerline line of Linton Boulevard (106' right-of-way) for a distance of 663.31 feet to the West line of the East one-half (E '/2) of Lot 8; thence N 00' 00' 31" W for 53 feet to a point on the north right-of-way line of said Linton Boulevard said point also being the point of beginning. Thence continue N 00' 00' 31" W along the West line of the East one-half (E '12) of said Lot 8 for a distance of 475.48 feet, thence N 89' 38' 18" E along a line parallel with and 528.47 feet north of as measured at right angles to the South line of said Lot 8 for a distance of 638.42 feet; thence S 00' 00' 13" W along a line parallel with and 25.00 feet West of the East line of said Lot 8 for a distance of 318.48 feet (said last described line being coincident with the West right-of-way line of SW 4th Avenue); thence S 89' 38' 18" W along a line parallel with and 210.00 feet north of as measured at right angles to the South line of said Lot 8 for a distance of 145.13 feet; thence S 00' 00' 31" W along a line parallel with and 1,156.50 feet East of as measured at right angles to the West line of said Lot 8 for a distance of 157.00 feet to a point on the said North right-of-way line of Linton Boulevard; thence S 89' 38' 18" W along a line parallel with and 53.00 feet North of as measured at right angles to the said South line of Lot 8 for a distance of 189.52 feet; thence S 00' 00' 31"E for 23.00 feet; thence S89' 38' 18" W along a line parallel with and 30.00 feet North of as measured at right angles to the said South line of Lot 8 for a distance of 209.25 feet; thence N 00' 00' 31" W for 23.00 feet; thence S 89' 38' 18" W along a line parallel with and 53.00 feet north of as measured at right angles to the said south line of Lot 8 for a distance of 94.45 feet to the point of beginning. Together With The Southwest quarter of Lot 8, Subdivision of Section 20, Township 46 South, Range 43 East, according to the Plat thereof, recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida, less thereof the West 499 feet and 2 ORD NO. 60-05 (' /') also the Less the East 139 feet of the West 638 feet of the South 207 feet. Also less the right-of-way of SW 12th Street (aka Linton Boulevard). 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 the effective date of Ordinance 56-05, under which official land use designation of MD (Medium Density Residential 5- 12 du/ac) is affixed to the subject parcel hereinabove described. \ .u... . PASS~ND ADOPTED in regular session on second and final reading on this the ~dayof "'~~ ,200..s::. 8~o~ t!z. ATTEST ~ S). ~\~~, City Clerk ~ First Reading ~?-\ ~ Second Reading \:::l\ ~ \ rue:; 3 ORD NO. 60-05 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER tM AGENDA ITEM # \ ()~ - REGULAR MEETING OF DECEMBER 6. 2005 ORDINANCE NO. 60-05 (REZONING - LImCO PROPERTIES) DECEMBER 2, 2005 TO: SUBJECT: DATE: This Ordinance is before Commission for second reading and qllasijlldicial hearing for a privately initiated rezoning from R-I-A (Single Family Residential) to RM (Medium Density Residential) for a 7.05 acre parcel of land for Lintco Properties, generally located at the northwest comer of Linton Boulevard and S.W. 4'. Avenue. The rezoning involves 12 parcels which are located within the Southridge/S.W. 4'" Avenue Redevelopment Area. With the adoption of the Southridge/S.W. 4'" Avenue Redevelopment plan on June 13, 1999, the Redevelopment Area #3 Future Land Use Map (pLUM) designation and R-1-A zoning designation were retained as a "holding" zone until a specific development proposal was submitted. A development proposal has been submitted to construct a multiple family development that will include workforce housing. The associated FLUM amendment is also before Commission for second reading as part of Comprehensive Plan Amendment 2005-2. On July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony. After reviewing the staff report and discussing the proposal, the Board voted 6-0 to recommend to the City Commission that the rezoning request be approved. Recommend approval based upon the findings of fact and law contained in the staff report, finding that the request is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan, and meets the criteria set forth in the Land Development Regulations (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 2, 2005, the City Commission passed Ordinance No. 60-05. Recommend approval of Ordinance No. 60-05 on second and final reading. S:\City Clerk\agenda memos\Otd 60-05 Lintco Rezoning 120605 ~t?t TO: THRU: FROM: SUBJECT: '~I1"t'n~~MM!$SI~~;!)~~~M~~Uf~m!~~fl DAVID T. HARDEN, CITY MANAGER ~ 0 f) ol.-1~C PAUL DORLlNG, DIRECTOR OF PLANNIN~'z~G ~ ~ JEFFREY A. COSTELLO, ASSISTANT PLANNING DIREC~ MEETING OF AUGUST 2, 2005 PRIVATELY.INITIATED REZONINGS FROM R-1-A (SINGLE FAMILY RESIDENTIAL) TO RM (MEDIUM DENSITY RESIDENTIAL) FOR L1NTCO PROPERTIES GENERALLY LOCATED AT THE NORTHWEST CORNER OF LINTON BOULEVARD AND SW 4TH AVENUE: I BACKG~OUND I The rezoning involves 12 parcels (7.05 acres), which are located within the Southridge/S.W. 4th Avenue Redevelopment Area. With the adoption of the Southridge/S.W. 4th Avenue Redevelopment plan on June 13, 1999, the Redevelopment Area #3 Future Land Use Map designation and R-1-A (Single Family Residential) zoning designation were retained as a "holding" zone until a specific development proposal was submitted. A development proposal has been submitted to construct a multiple family development that will include workforce housing on the properties. At its meeting of August 2, 2005, the City Commission will consider the associated FLUM amendment for the properties in conjunction with Comprehensive Plan Amendment 2005-2. If approved on first reading, the second reading of the rezoning ordinance will occur at the same meeting as the adoption of the Comprehensive Plan amendment. Additional background and analysis of the requests are found in the attached Planning and Zoning Board Staff Report. PLANNING AND ZONING SOARD CONstDERATlON I At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendment and Rezoning. There was no public testimony regarding the requests. After reviewing the staff report and discussing the FLUM amendment and rezoning, the Board voted 6-0 to recommend to the City Commission approval of the proposed FLUM Amendment from RDA #3 (Redevelopment Area #3) to MD (Medium Density Residential) and Rezoning from R-1-A (Single Family Residential) to RM (Medium Density Residential) for the Lintco property, by adopting the findings of fact and law contained in the staff report, and finding that the requests are consistent with the Goals, Objectives and Policies of the Comprehensive Plan and meet criteria set forth in Section 2.4.5(D)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. I RECOMMENDED ACTION I "::'! Move approval on first reading, the ordinance for the proposed rezoning from R-1-A (Single Family Residential) to RM (Medium Density Residential), by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Goals, Objectives and Policies of the Comprehensive Plan and meets criteria set forth in Section 2.4.5(D)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. Attachments: Planning and Zoning Board Staff Report of July 18, 2005 & Proposed Ordinance \01.-D ORDINANCE NO. 60-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-I-A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED AT THE NORTHWEST CORNER OF LINTON BOULEVARD AND SW 4TH A VENUE AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April 2005, as being zoned R-I-A (Single Family Residential) District; 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 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 RM (Medium Density Residential) District for the following described property: A portion of Lot 8, Model Land Company's Subdivision of Section 20, Township 46 South, Range 43 East, according to the Plat thereof as recorded in Plat Book 1 at Page 4 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Commence at the Southwest comer of Lot 8, Model Land Company's Subdivision of Section 20, Township 46 South, Range 43 East, according to the Plat thereof as recorded in Plat Book 1 at Page 4 of the Public Records of Palm Beach County , Florida, said point being coincident to the South one-quarter Section comer of said Section 20; thence N 89' 38' 18"E along the South line of said Lot 8 and said line being coincident with the centerline line of Linton Boulevard (106' right-of-way) for a distance of 663.31 feet to the West line of the East one-half (E 'Iz) of Lot 8; thence N 00' 00' 31" W for 53 feet to a point on the north right-of-way line of said Linton Boulevard said point also being the point of beginning. Thence continue N 000 00' 31" W along the West line of the East one-half (E '/2) of said Lot 8 for a distance of 475.48 feet, thence N 89' 38' 18" E along a line parallel with and 528.47 feet north of as measured at right angles to the South line of said Lot 8 for a distance of 638.42 feet; thence S 00' 00' 13" W along a line parallel with and 25.00 feet West of the East line of said Lot 8 for a distance of 318.48 feet (said last described line being coincident with the West right-of-way line of SW 4th Avenue); thence S 89' 38' 18" W along a line parallel with and 210.00 feet north of as measured at right angles to the South line of said Lot 8 for a distance of 145.13 feet; thence S 00' 00' 31" W along a line parallel with and 1,156.50 feet East of as measured at right angles to the West line of said Lot 8 for a distance of 157.00 feet to a point on the said North right-of-way line of Linton Boulevard; thence S 89' 38' 18" W along a line parallel with and 53.00 feet North of as measured at right angles to the said South line of Lot 8 for a distance of 189.52 feet; thence S 00' 00' 31"E for 23.00 feet; thence S89' 38' 18" W along a line parallel with and 30.00 feet North of as measured at right angles to the said South line of Lot 8 for a distance of 209.25 feet; thence N 00' 00' 31" W for 23.00 feet; thence S 89' 38' 18" W along a line parallel with and 53.00 feet north of as measured at right angles to the said south line of Lot 8 for a distance of 94.45 feet to the point of beginning. Together With The Southwest quarter of Lot 8, Subdivision of Section 20, Township 46 South, Range 43 East, according to the Plat thereof, recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida, less thereof the West 499 feet and 2 ORD NO. 60-05 also the Less the East 139 feet of the West 638 feet of the South 207 feet. Also less the right-of-way of SW 12th Street (aka Linton Boulevard). 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 the effective date of Ordinance 56-05, under which official land use designation of MD (Medium Density Residential 5- 12 du/ac) is affixed to the subject parcel hereinabove described. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of .200_. ATTEST MAYOR Acting City Clerk First Reading Second Reading 3 ORD NO. 60-05 PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ...ST AFF REPORT... MEETING DATE: July 18, 2005 AGENDA ITEM: IV.D.(2)(c) and I.V.D(2)(d) ITEM: Future Land Use Map amendment from RDA-3 (Redevelopment Area #3) to MD (Residential Medium Density 5-12 du/ac) and rezoning from R-1-A (Single Family Residential) to RM (Medium Density Residential) for the Lee property and Lintco multi-family site, located at the northwest corner of Linton Boulevard and SW 4th Avenue. (Quasi-Judicial Hearing) GENERAL DATA: Owner...................................... Burke Lee and Lintco Applicant..................................... Lee Property: City-initiated Lintco Property: Privately- initiated Location...................................... Northwest corner of Linton Boulevard and SW 4th Avenue Property Size.............................. 0.5 acre (Lee Property) 7.05 acres (Lintco Property) Existing Future Land Use Map.. RDA-3 (Redevelopment Area #3) Proposed F.L.U.M.................... MD (Residential Medium Density, 5-12 du/ac) Existing Zoning........................... R-1-A (Single Family Residential) Proposed Zoning..................... RM (Medium Density Residential) Adjacent Zoning................North: RM & R-1-A East: POD (Professional Office District) & MIC (Mixed Industrial and Commercial) South: PC (Planned Commercial) West: CF (Community Facilities) & R-1- A Existing Land Use...................... Vacant and Single Family Residence Proposed Land Use.................... Future Land Use Map Amendment and Rezoning to accommodate a proposed multiple family development that will contain workforce housing. Water Service............................. n/a Sewer Service............................. n/a . ~ LINTON ~ < -~- ~ " ~ I, -J , , ! CaSTeD LA\lER'S ----__ LAKEV/[W APARTMENTS ~- ,- , , , " .J I ,----t.. -- ..----=! " I ,I ". f-! , CLUB IV. D. (2)(c) and IV.D.(2)(d) ITE'1lIi BEf'ORE THE BOAR:t) .. .. I The action before the Board is that of making a recommendation to the City Commission on the following Future Land Use Map Amendments from RDA-3 (Redevelopment Area #3) to MD (Medium Density Residential 5-12 du/ac) and Rezoning from R-1-A (Single Family Residential) to RM (Medium Density Residential) for properties generally located at the north west corner of Linton Boulevard and SW 4th Avenue: The Future Land Use Map Amendments and Rezonings involve thirteen (13) parcels totaling 7.55 acres (See attached Map): D Area A - Lintco Property: A privately-initiated request involving twelve (12) parcels containing a total of 7.05 acres. D Area B - Burke Lee Property: A City-initiated request involving a 0.5 acre parcel. 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 Amendments or Rezoning of any property within the City. B AII""'''''R.^UND :~;;~;:r\ij~;j; i;~i,:J;, ::'Y'; "....,.....,...,.,,,,"".'..00000.0.000......... I The proposal involves 13 parcels, which are located within the Southridge/S.W. 4th Avenue Redevelopment Area. These lots are unplatted and undeveloped, except for an existing single family house (0.5 acre parcel) next to the Fire Station. The vacant parcel consists of 12 acres under one ownership (7.05 acres) and the existing single family residence next to the fire station is under separate ownership (0.5 acres). On January 9, 1978, the Burke Lee Property containing the single family residence was annexed into the City with the R-1-A zoning designation. The Lintco property was annexed into the City on October 11, 1998 as part of the Enclave Act (Enclave #34) with the R-1-A (Single Family Residential zoning designation. With the adoption of the Southridge/S.W. 4th Avenue Redevelopment plan on June 13, 1999, the Redevelopment Area #3 Future Land Use Map designation and R-1-A (Single Family Residential) zoning designation were retained as a "holding" zone until a specific development proposal is submitted. A development proposal has been submitted to construct a multiple family development that will contain workforce housing on the Lintco properties. Rather than leave the remaining 0.5 acre lot R-1-A it is appropriate to rezone the parcel with the privately-initiated proposal. . FUTURE LAND USE MAP AMENDMENT ANALYStS 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) as part of the City's Comprehensive Plan Amendment 2005-02. REQUIRED FINDINGS: LDR (CHAPTER 31 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 Planning and Zoning Board Staff report Lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southridge Redevelopment Area) Page 2 achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. With the adoption of the Southridge/S.W. 4th Avenue Redevelopment plan on June 13, 1999, the Redevelopment Area #3 Future Land Use Map designation and R-1-A (Single Family Residential) zoning designation were retained as a "holding" zone until a specific development proposal is submitted. A development proposal has been submitted to construct a multiple family development that will contain workforce housing. The proposed FLUM amendment will assign a Future Land Use Map designation of MD (Medium Density Residential 5-12 du/acre) and the proposed zoning is RM (Medium Density Residential). The proposed zoning designation of RM (Medium Density Residential) is consistent with the proposed MD Future Land Use Map designation. Based upon the above, a positive finding with respect to Future Land Use Map consistency can be made. The Southridge/S.W. 4th Avenue Redevelopment Plan identifies development scenarios and criteria for development to occur within the area. These aspects of the Plan are discussed below. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policv A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: o 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. Future Land Use Element Policv C-2.5 The fDllowing perlains to the area Dn bDth sides of S. W. 4th Avenue, norlh of Linton BDulevard. This area involves warehouses, heavy industrial use, sporadic residential uses, and vacant land. The vacant land was platted as a parl Df the WDods Df SDuthridge Subdivision. The SDuthridge/SW 4th Avenue Redevelopment Plan was adDpted by City CDmmissiDn on June 15, 1999. The plan establishes Future Land Use Map designations for the majDrity Df the Redevelopment Area. Future develDpment must be in accordance with the provisiDns Df the Redevelopment Plan. Several parcels along Linton Boulevard are to retain their existing Planning and Zoning Board Staff report Lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (South ridge Redevelopment Area) Page 3 Redevelopment Area #3 Future Land Use designation and R-1A zoning designation until such time that a development proposal that is consistent with the parameters outlined within the Redevelopment Plan is processed. To the greatest extent possible, these parcels are to be aggregated to accommodate a unified development. The redevelopment plan presented five (5) development scenarios for the vacant properties at the northwest corner of S. W. 4th Avenue and Linton Boulevard. Each of the potential scenarios has certain benefits and certain drawbacks. The provision of residential development at this corner was identified in Scenario 3, which stated the following: ".. .there already exists a mix of existing residential uses in the general area, and economic activities that will provide more jobs should be encouraged. Many of the multifamily developments in the area, particularly those along Linton, have deteriorated. Given the surrounding industrial and commercial uses and the intensity of traffic in the area, residential development on this property is not encouraged. " With adoption of the Plan, application of a specific Future Land Use Map designation was not pursued without a specific proposal in mind, as it could have eliminated a potentially positive development of the property. The only Future Land Use Map change to be processed at that time was for the office building at the northwest corner of Linton Boulevard and S.W. 4th Avenue, which was given the Transitional FLUM designation with POD (Professional and Office District) zoning. The adopted Redevelopment Plan recommended the following scenario (Scenario 5), which established the following parameters for the consideration of any future development proposals for this area: . To the greatest extent possible, the properties are to be aggregated for a unified development. . Residential development, unless part of a comprehensive mixed use project or an assisted living type facility, is not to be considered. . Uses identified within Scenarios 1 and 4 are encouraged. . Commercial uses may be appropriate if it can be demonstrated that the traffic can be accommodated on the roadway network, and that impacts on the adjacent residential uses will be minimal. A mix of uses, including retail, office and second story residential, and entertainment is encouraged. Gasoline stations, fast food restaurants, flea market/bazaar/merchandise marts, and auto repair and maintenance type facilities shall not be considered. . The style of development shall be of a distinctive architectural character that enhances the area and encourages new investment and redevelopment. . Adjacent residential areas are to be separated from the development by a wall and substantial landscape buffer. Since the adoption of the Redevelopment Plan in 1999, the City and South Florida has experienced a tremendous increase in the price of housing, which has significantly impacted housing attainable to very low, low and moderate income households. Escalating land costs and rapidly diminishing amounts of land available have hindered the provision of sufficient workforce dwelling units by the private sector. According to the Florida Association of Realtors, Inc., the median price of existing homes in Palm Beach County in March 2005 was $371,500, a 37% increase over the March 2004 median of $272,100 ("Palm Beach County Median Home Resale Soars Past $370,000" p. 1-A, April 26, 2005 Palm Beach Post article by Stephen Pounds). According to a May 2005 Sun-Sentinel newspaper article, rents in South Florida began climbing in 2004, and are expected to continue to increase. According to real estate analysts, occupancy rates are averaging 95%, and as a result, rents have climbed. Another factor affecting rents is Planning and Zoning Board Staff report Lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (South ridge Redevelopment Area) Page 4 the condo conversion boom, with more rental complexes being taken out of the marketplace than being built. ("For S. Florida tenants, rental picture turns bleak: Demand for units rises as home costs continue to surge" May 15, 2005 Sun-Sentinel article by Robin Benedick). Due to the escalating cost of housing, many renters have been unable to purchase a home. Thus, there is a shortage of housing affordable to the everyday working families and citizens. The need to provide workforce housing is critical to maintaining a diversified and sustainable City having the character and sense of a community where people can live and work in the same area. In order to address this public need, on December 6, 2004, the City adopted a FamilylWorkforce Housing ordinance, which established a Density Bonus Program based upon the number of units that are made available to very low, low and moderate income households. The FamilylWorkforce Housing Ordinance is in the process of being amended to add more overlay districts that can accommodate workforce housing. With the City's annual Comprehensive Plan Amendment 2005-2, the Medium Density land use designation description is being modified to include the following statement: "Areas with this desiGnation. located within a workforce housinG overtav district. mav also exceed 12 units Der acre UD to a maximum of 18 units Der acre bv obtaininG densitv bonuses throuGh the Drovision of workforce housinG units. " Based upon the above, an opportunity exists to develop the property in a manner that will provide workforce housing. Development of the property for residential purposes will not have as significant an impact on traffic concurrency as office or commercial development. The Redevelopment Area has experienced some stabilization since adoption of the Plan through the construction of infill housing in the single family subdivisions to the north and associated infrastructure improvements. The multi-family developments that have deteriorated along Linton Boulevard, are primarily rental properties, which have not been well maintained and are not properly managed. Per the Comprehensive Plan, infill housing for low to moderate income families is encouraged with the redevelopment of this area. It is noted the Redevelopment Plan will be amended to modify the development scenarios for these parcels to encourage/require the provision of workforce housing for all residential development. D 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 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. The subject properties are primarily vacant with a single family home at the southwest corner, adjacent to Fire Station #3. Development of the properties can occur in a manner to comply with this Policy. This Policy will be further addressed with a development proposal (site plan andlor conditional use for the property. The property to the east (across S.W. 4th Avenue) is industrial and contains a self storage facility; to the south, across Linton Boulevard, is commercial, to the west, is a Fire Station and R-1-A (Single Family Residential) zoned property; and to the north, is Linton Ridge condominium, which is zoned RM (Medium Density Residential). The development will be complimentary to the adjacent land uses. The Redevelopment Plan provides the following directives with regard to development of these properties: Planning and Zoning Board Staff report Lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southridge Redevelopment Area) Page 5 . The style of development shall be of a distinctive architectural character that enhances the area and encourages new investment and redevelopment. . Adjacent residential areas are to be separated from the development by a wall and substantial landscape buffer. 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. As discussed below with the Concurrency analysis, the proposed new development will result in a decrease of potential traffic generated by commercial, office andlor recreational development scenarios identified in the Redevelopment Plan. Given the existing traffic and potential traffic flow on Linton Boulevard. The Plan recommends that any new development take access from both Linton Boulevard and S.W. 4th Avenue where possible. With a specific development proposal, a traffic study will be submitted, which must comply with Palm Beach County Traffic Performance Standards Ordinance. The style of development shall be of a distinctive architectural character that enhances the area and encourages new investment and redevelopment. The Plan also calls for adjacent residential areas to be separated from the development on the subject properties by a wall and substantial landscape buffer. Development of the property can occur in a manner that will enhance the stability of the area. With a conditional use and/or site plan request this policy will be revisited. Q Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves amending the FLUM designation from RDA #3 to MD on parcels, which total approximately 7.55 acres. The proposed FLUM Amendment will result in an increased impact on adopted concurrency standards. Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Traffic and Water and Sewer are discussed below: Water and Sewer: A 20" water main is located within S.W. 4th Avenue along with fire hydrants. Along Linton Boulevard, installation of a water main may be required along with fire hydrants spaced as required. With respect to sewer, Lift Station 26C is located adjacent to S.W. 4th Avenue at the northeast corner of the office building site and connects to a 6" force main within S.W. 4th Avenue. With any development of these parcels, installation of water and sewer mains, fire hydrants, and drainage improvements must be accommodated. The location of these improvements will depend upon site design layout of any proposed development(s). The proposed FLUM Amendment to MD will increase the demand on these public services; however, adequate capacity exists to accommodate the proposal. Pursuant to the Comprehensive Plan adequate water and sewer treatment capacity exists to meet the adopted level of service standards at the City's build-out. Thus, a positive finding with respect to this level of service standard can be made. Traffic: Linton Boulevard is classified as a County minor arterial road from the west City limits to Federal Highway. Linton Boulevard currently operates at Level of Service "D" from South Federal Highway to S.W. 10th Avenue. S.W. 4th Avenue is classified as a two-lane City collector. Regardless of the development scenario selected for this area (residential, office, mixed use), Planning and Zoning Board Staff report Lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (South ridge Redevelopment Area) Page 6 internal traffic circulation will need to be provided for any development. Per the Redevelopment Plan, given the existing traffic and potential traffic flow on Linton Boulevard, it is recommended that any new development take access from both Linton Boulevard and S.W. 4th Avenue where possible. The applicant has submitted a traffic study based upon the maximum potential density permitted by the proposed MD FLUM designation, based on the proposed text amendment to allow 18 dulac to accommodate workforce housing. The current FLUM designation of RDA-3 with R-1-A (Single Family Residential) zoning , which allows a maximum of 5 du/ac. Under the existing FLUM designation and zoning, the 7.55 acre site could accommodate 37 units generating 370 average daily trips, while the proposed MD could accommodate 135 units, which will generate 945 average daily trips. This results in a trip generation potential of 545 average daily trips. It is also noted that the development scenarios recommended in the Redevelopment Plan consisting of office, mixed-use (retail, office and residential), and recreational facilities (public or private), would generate a greater number of average daily trips than a residential development with the proposed densities. A copy of the submitted traffic analysis has been transmitted to the Palm Beach County Traffic Division for review. The proposed Medium Density FLUM designation will allow a range from 6 to 18 du/ac. With a specific development proposal, a traffic study will be submitted. The maximum development potential will be based on the ability to comply with the Palm Beach County Traffic Performance Standards Ordinance. Based upon the above condition of approval being addressed, a positive finding with respect to traffic concurrency can be made at this time. Drainaae: Any development of the site will be required to retain drainage on-site in compliance with South Florida Water Management District (SFWMD) requirements. There are no problems anticipated complying with SFWMD requirements. Parks and Recreation: The Open Space and Recreation Element of the Comprehensive Plan indicates in its conclusion 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 individual projects may have on the City's recreational facilities. Pursuant to Land Development Regulations (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. Based upon the proposed FLUM Amendment and Rezoning, the maximum allowable density (18 du/ac) would allow 135 dwelling units, thus requiring a park impact fee of $67,500.00. 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 must approve the development proposal for compliance with the adopted Level of Service for School Concurrency. Verification from the Palm Beach County School District is pending; however no problems are anticipated meeting this level of service standard. Solid Waste: The subject properties are primarily vacant, except for a single family residence, and therefore currently have no impact on this level of service standard. The single family residence currently generates 1.99. tons per year. Assuming the proposed maximum density (18 du/ac), the subject properties will generate 268.65 tons of solid waste per year (135 units X 1.99 tone per year). The increase can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021, thus a positive finding with respect to this level of service standard can be made. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. Planning and Zoning Board Staff report Lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southridge Redevelopment Area) Page 7 o Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The parcels in question abut a condominium development to the north (Linton Ridge Condos), and a portion of a single family subdivision to the west (Woods of South ridge. As previously discussed, the property can be developed to be compatible with and complimentary to the adjacent neighborhoods. There are directives in place to ensure that any development of the property will be compatible. Also, there are development regulations to ensure development will occur in manner that will be the same. Based upon the above, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. o Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the requested designation shall comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use or site plan request as applicable. ZONINGANAI.1YSIS I REQUIRED FINDINGS (Chapter 31: Pursuant to Section 3.1.1 (Required Findings), prior to 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, 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 were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in LDR Section 3.2.2, along with the required findings 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, B, 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. Planning and Zoning Board Staff report Lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southridge Redevelopment Area) Page 8 Direction Zoninq Uses South East PC and POD MIC Linton Ridge condominiums Fire Station #3 and Woods of South ridge single family subdivision Global Imports and an office building Security Self Storage Facility North West RM CF and R-1-A The proposed FLUM amendment and rezoning are compatible with the adjacent land uses and consistent with the development pattern within the Redevelopment Area. As discussed under Future Land Use Element Policy A-1.7, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. LDR Section 2.4.5(DI (51 (Rezonina Findinasl: 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 following is the applicant's justification statement: 'The subject site is zoned R-1-A (Single Family Residential). The property is located on a major thoroughfare (Linton Boulevard) and is 7 acres; which does not allow for proper development of a single family development. It is also adjacent to a fire station and an office building. The development along Linton and the increase in traffic has made the current zoning inappropriate. Multi-family residential including workforce housing is more appropriate for the property based upon circumstances particular to the site. " The appropriate reasons for the proposed rezoning are "b" and "c". With the adoption of the Southridge/S.W. 4th Avenue Redevelopment plan on June 13, 1999, the Redevelopment Area #3 Future Land Use Map designation and R-1-A (Single Family Residential) zoning designation were retained as a "holding" zone until a specific development proposal is submitted. A development proposal has been submitted to construct a multiple family development that will contain workforce housing. Thus, circumstances have changed that make the current zoning inappropriate. Further, the RM zoning designation is similar in intensity as proposed under the requested MD FLUM designation and is more appropriate for the site based on circumstances which relate to the community's need for workforce housing. The RM designation will encourage a development scenario that will not have substantial traffic impacts and will be complimentary to the neighborhoods to the north and west. Planning and Zoning Board Staff report Lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (South ridge Redevelopment Area) Page 9 REVIEWBV OTHERS 'I Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: . Fallridge Condo . Pinegrove . South ridge . Woods of South ridge . PROD (Progressive Residents of Delray) . President's Council Public Notice: Formal public notice has been provided to the affected property owners as well as property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION I The FLUM designations and zoning classifications for the subject properties are being amended as these designations were retained as a "holding" zone until a specific development proposal is submitted. A development proposal has been submitted to construct a multiple family development that will contain workforce housing on the Lintco properties. Rather than leave the remaining 0.5 acre lot R-1-A, it is appropriate to rezone the parcel with the privately-initiated proposal. As indicated in the staff report, there is a community need for workforce housing and the development of this property to accommodate this type of housing will help address the need. The directives of the Southridge/S.W. 4th Avenue Redevelopment Plan will need to be amended to address/require the provision of workforce housing on these parcels. 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), 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 the proposed FLUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. ALTERNATIVE AC TION S . 1 A. Postpone with direction. B. Move to recommend to the City Commission approval of the proposed FLUM Amendments from RDA #3 (Redevelopment Area #3) to MD (Medium Density Residential) and Rezonings from R-1- A (Single Family Residential) to RM (Medium Density Residential) by adopting the findings of fact and law contained in the staff report, and finding that the requests are consistent with the Goals, Objectives and Policies of the Comprehensive Plan. and meet criteria set forth in Section 2.4.5(D)(5). Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Lan.d Development Regulations. C. Move to recommend to the City Commission denial of the proposed FLUM Amendments from RDA #3 (Redevelopment Area #3) to MD (Medium Density Residential) and Rezonings from R-1- A (Single Family Residential) to RM (Medium Density Residential) by adopting the findings of fact and law contained in the staff report, and finding that the requests are inconsistent with the Goals, Objectives and Policies of the Comprehensive Plan. and do not meet the criteria set forth Planning and Zoning Board Staff report Lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (South ridge Redevelopment Area) Page 10 in Section 2.4.5(D)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. RECOMMENDED ACTION I Move to recommend to the City Commission approval of the proposed FLUM Amendments from RDA #3 (Redevelopment Area #3) to MD (Medium Density Residential) and Rezonings from R-1-A (Single Family Residential) to RM (Medium Density Residential) for the following: D Area A - Lintco Property: A privately-initiated request involving twelve (12) parcels containing a total of 7.05 acres. D Area B - Burke Lee Property: a City-initiated request involving a 0.5 acre parcel. by adopting the findings of fact and law contained in the staff report, and finding that the requests are consistent with the Goals, Objectives and Policies of the Comprehensive Plan. and meet criteria set forth in Section 2.4.5(D)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. Attachments: . Current & Proposed Future Land Use Map . Current & Proposed Zoning Map 11TH T. 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I B 0 U LEVARD III i C:C "'C , i <C ~ DELRA Y INOUSTRIAL PARK I SOLlO WASTE TRANSFER STA TiON a i! " ~ ~ CF " W " MILLER FIELD N PROPOSED ZONING DISTRICT MAP FOR: L1NTCO AND LEE PROPERTIES CITY OF DELRAY BEACH. FL PLANNING &: ZONING DEPARTMENT REZONING, FROM R-1-A (SINGLE FAMILY RESIDENTIAL) TO RM (MULTIPLE FAMilY RESIDENTIAL) ~ AREA A (UNfeO PROPERTY) ~ AREA 8 (LEE PROPERTY) - - DIGITAl. BASE MAP SYSTEM -- MAP REF: LMB56 CC', fl 0J..-6 ( ~-e.- WWW.bocanews.com- Boc3. RatonlDelrayBeact1 NewS':""',Mdnday,Novet11ber 21, 200519 o~ loO-~ 100 ANNOUNCEMENTS ~ LEGAL NoTICEs QffUfIBM'......R--. 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