Ord 01-06
('
/ \,
ORDINANCE NO. 1-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED PROFESSIONAL
AND OFFICE (POD) DISTRICT TO MEDIUM DENSITY
RESIDENTIAL-10 UNITS PER ACRE (RM-10) DISTRICT;
SAID LAND BEING A PARCEL LOCATED ON THE WEST
SIDE OF PALM TRAIL, APPROXIMATELY 170 FEET
NORTH OF GEORGE BUSH BOULEVARD, 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 Professional and Office (POD)
District; and
WHEREAS, at its meeting of December 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
5 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.
('
.~ '1
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 Medium Density Residential -10 units
per acre (RM -10) District for the following described property:
Lots 4 to 9 inclusive and Lots 13 to 17 inclusive, Block 5, together with abandoned alley
lying between Lots 4 to 8 and Lots 13 to 17, and west half of said alley lying adjacent to Lot
9, of Sophia Frey Subdivision, in Palm Beach County, Florida according to the Plat thereof
recorded in Plat Book 4, Page 37 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.
\~ PAS~~D ADOPTED in regular session on second and final reading on this the
day of ~ .I. 1 . 200~.
- )
ATTEST
~A~O?c
~.~ 't. ~~/~l
City Clerk
First Reading '" ?:, \ CC)\.D
SecondReading ~\~~
" "
2
ORD NO. 1-06
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER l1J1'1
AGENDA ITEM # \ () ^ - REGULAR MEETING OF JANUARY 17. 2006
ORDINANCE NO. 1-06 (REZONING - PALM TRAIL CARRIAGE HOMES)
JANUARY 13,2006
FROM:
SUBJECT:
DATE:
This Ordinance is before Commission for second reading and quasi:judicial hearing for a privately
initiated rezoning from POD (professional Office District) to RM-I0 (Medium Density Residential-l0
Units per acre) for a 1.77 acre parcel to be known as Palm Trail Carriage Homes, 816 Palm Trail,
located approximately 170 feet north of George Bush Boulevard.
The proposed rezoning involves eleven (11) platted lots (Lots 4 through 9 and Lots 13 through 17,
Block 5, Sophia Frey) and associated abandoned alleyways. The property contains an existing vacant
22,799 sq. ft. medical office building with a POD associated parking area.
The property owner, Palm Trail Holdings, LLC, is proposing to demolish the existing two-story
medical office building and construct 16 townhome units. The proposed use cannot be accommodated
under the current POD zoning, therefore, a change of zoning is requested. The rezoning from POD to
RM-I0 would allow for a maximum of 17 townhome units.
The Planning and Zoning Board considered the request at their November 21, 2005 meeting; at which
time an adjacent property owner voiced concerns over the alley, underground utilities, and the influence
the rezoning would have on access to his property. The request was postponed by the Board by a 4-2
vote with direction to staff to check the utilities and alley abandonment situation. After further review
of the adjacent subdivision plat, it was determined that there would be no effect on the adjacent
property owner.
On December 19,2005, the Planning and Zoning Board reconsidered the request at a public hearing.
The member of the public who spoke at the November 21,2005 meeting clarified that there were no
more concerns relating to the adjacent alley or utilities. The Board voted 5-0 to recommend to the City
Commission that the rezoning request be approved. Staff recommends approval based upon the
findings of fact and law contained in the staff report; finding that the request is consistent with the
Comprehensive Plan; and finding that the request 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 January 3, 2006, the City Commission passed Ordinance No. 1-06.
Recommend approval of Ordinance No. 1-06 on second and final reading.
S:\City Clerk\agenda memos\Ord 1-06 Palm Trail Rezoning 011706
TO: DAVID T. HARDEN, CITY MANAGER
THRU: PAUL DORLlNG, DIRECTOR OF PLANNING AND ZONING
FROM: JAMES G. CAIN, SENIOR PLANNER
SUBJECT: MEETING OF JANUARY 17, 2006
PRIVATELY-INITIATED REZONING FROM POD (PLANNED OFFICE
DISTRICT) TO RM-10 (MEDIUM DENSITY RESIDENTIAL - 10 UNITS PER
ACRE) FOR PALM TRAIL CARRIAGE HOMES (PALM TRAIL HOLDINGS,
LLC) LOCATED AT 816 PALM TRAIL, 170 FEET TO THE NORTH OF
GEORGE BUSH BOULEVARD)
The proposed rezoning involves eleven (11) platted lots (Lots 4 through 9 and 13 through 17,
Block 5, Sophia Frey) and associated abandoned alleyways, totaling 1.77 acres. The property
contains an existing vacant 22,799 sq. ft. medical/office building with POD associated parking
area.
The subject property is owned by Palm Trail Holdings, L.L.C. and the owners are proposing to
demolish the existing two-story medical office building and construct 16 townhome units. The
proposed use can not be accommodated under the current POD zoning and a change of zoning
is being sought. The 1.77 acre site, if rezoned to RM-10, would allow for a maximum of 17
town home units. The rezoning request from POD (Professional & Office District) to RM-10
(Medium Density Residential-10 units per acre) is now before the City Commission for action.
The Board considered the request at their November 21, 2005 meeting at which time an adjacent
property owner voiced concerns over the alley, underground utilities, and the influence this
rezoning would have on access to his property. The request was postponed by the Planning &
Zoning Board by a 4 - 2 vote with direction to staff to check the utilities and alley abandonment
situation. After further review of the adjacent subdivision plat it was determined that there would
be no effect on the adjacent property owner.
At its meeting of December 19, 2005, the Planning and Zoning Board reconsidered the request at
a public hearing. The same member of the public spoke and clarified that there were no more
concerns relating to the adjacent alley or utilities. The Board voted unanimously 5-0 to
recommend approval of the rezoning request to the City Commission, by adopting the findings of
fact and law contained in the staff report, and a finding that the request was consistent with the
Comprehensive Plan, and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of
the Land Development Regulations.
Approve on second reading the rezoning from POD to RM-10, 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 2.4.5(D) (5), 3.1.1 and 3.2.2 of the
Land Development Regulations.
Attachments: Ordinance No. 1-06
Planning and Zoning Board Staff Report of December 19, 2005
ORDINANCE NO. 1-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED PROFESSIONAL
AND OFFICE (POD) DISTRICT TO MEDIUM DENSITY
RESIDENTIAL-10 UNITS PER ACRE (RM-1O) DISTRICT;
SAID LAND BEING A PARCEL LOCATED ON THE WEST
SIDE OF PALM TRAIL, APPROXIMATELY 170 FEET
NORTH OF GEORGE BUSH BOULEVARD, 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 Professional and Office (POD)
District; and
WHEREAS, at its meeting of December 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
5 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 Medium Density Residential -10 units
per acre (RM-1O) District for the following described property:
Lots 4 to 9 inclusive and Lots 13 to 17 inclusive, Block 5, together with abandoned alley
lying between Lots 4 to 8 and Lots 13 to 17, and west half of said alley lying adjacent to Lot
9, of Sophia Frey Subdivision, in Palm Beach County, Florida according to the Plat thereof
recorded in Plat Book 4, Page 37 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. 1-06
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
December 19, 2005
IV.A.
Rezoning from POD (Professional & Office District) to RM-10 (Medium Density
Residential-10 units per acre) for 1.77 acre parcel located on the west side of Palm
Trail, north of George Bush Boulevard known as Palm Trail Carriage Homes
GENERAL DATA:
Owner...................... ...................
Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Applicant.................................. .
Location..... ..............................
Property Size............................
Future Land Use Map..............
Current Zoning............ ........
Adjacent Zoning............. North:
Palm Trail Holdings, LLC
Kupi & Eliopoulos Architects, PA.
Palm Trail Holdings, LLC
816 Palm Trail
1.77 acres/ 22,799 Sq. Ft.
TRN (Transitional)
Professional & Office District
(POD)
Medium Density Residential
(RM)
Medium Density Residential
(RM)
South: General Commercial (GC),
Community Facility (CF),
Special Activity District (SAD)
West: Medium Density Residential
(RM), Residential Office (RO)
Existing Land Use................. Vacant Medical Offices
Proposed Land Use.................. Two-Story Townhomes
Water Service........................... Existing on site.
Sewer Service........................... Existing on site.
East:
Q
L0
I-
q
S
IE
'"
:i
J
J
MARINA
Sf. VINCENT'S
CHURCH
-.J
DELRA Y
q
I-
" WEDGE-
WOOD
CONDO
C/)
q
o
u
MSA.
TRACT
I-
2:
IV.A.
The item before the Board is that of making a recommendation to the City Commission on a
rezoning from POD (Professional & Office District) to RM-10 (Medium Density Residential-10
dwelling units per acre) for Palm Trail Carriage Homes. (Continued from the November 21,
2005 Planning & Zoning Board meeting)
The subject property is located at 816 Palm Trail which is situated on the west side of Palm
Trail (primary frontage) and the east side of NE 9th Street (secondary frontage) approximately
185 feet to the north of George Bush Blvd.
An adjacent property owner was present at the November 21, 2005 meeting and submitted a
letter voicing concern over the alley, underground utilities, and the influence this rezoning
would have on access to his property. The request was postponed by the Planning & Zoning
Board by a vote of 4-2 with the motion to continue with direction to Staff to check the utilities
and alley abandonment situation with the adjacent property owner (Mr. O'Toole). The adjacent
property owner visited Staff on November 22 to indicate that he mistook the alley for another
alley located adjacent to the property.
The proposed rezoning involves eleven (11) platted lots (Lots 4 thru 9 & 13 thru 17, Block 5,
Sophia Frey) and associated abandoned alleyways, totaling 1.77 acres. The property contains
the following:
816 Palm Trail: Existing 22,799 sq. ft. medical/office building with associated parking area.
(105 parking spaces, 9 handicapped spaces)
The current vacant medical office building site was issued conditional use and site plan
approval in 1975 and was constructed in 1977. The property was originally zoned as RM in
error and was later corrected to its current POD zoning in 1993 (Zoning Case 1993-085-REZ-
CCA).
The subject property is owned by Palm Trail Holdings, L.L.C. The property owners are
proposing to demolish the existing two-story medical office building and construct a series of
two-story townhomes. The 1.77 acres site, if rezoned as RM-10, would allow for a maximum of
17 townhome units. The rezoning request from POD (Professional & Office District) to RM-10
(Medium Density Residential-10 units per acre) is now before the Board.
REQUIRED FINDINGS:
LDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to LDR 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. 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.
P&Z Board Staff Report, December 19, 2005
Rezoning from POD to RM-10 for Palm Trail Carriage Homes
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 (FLUM) designation of TRN (Transitional)
and is currently zoned POD (Professional & Office District). Multiple family residential uses,
including townhomes, are permitted as a principal use within the RM-10 Zoning District.
Pursuant to LDR Section 4.3.3 K "Development Matrix", a minimum lot size of 8,000 sq. ft. (60'
frontage/width and 100' depth minimum) is required within the RM-10 zoning district. Given the
density of 10 units per acre, a maximum of seventeen townhome units could be
accommodated on the site subject to meeting performance standards under LDR Section
4.4.6(1). According to the City of Delray Beach Comprehensive Plan, The Transitional FLUM
designation is appropriate for residential development at densities between 5 to 12 units per
acre. The RM-10 zoning is consistent with the proposed town home development and the
Transitional FLUM designation.
Concurrency - Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
In the preparation of the Delray Beach Comprehensive Plan, the land use designations
throughout the entire planning and service area were considered 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 multiple family residential development, allowed
under the RM zoning designation, would not have any greater impact on concurrency than
what could be constructed within the existing POD zoning district. The maximum development
potential within the POD zoning district is a 4-story office building of approximately 34,000
sq. ft.
Drainaoe: With the rezoning request drainage plans are not required. These will be submitted
with the site plan submittal for the redevelopment of the site for town homes. There should not
be any problems with retaining the drainage on the site and obtaining any/all necessary
permits.
Traffic: A traffic statement was not submitted with the proposal. However, pursuant to the Palm
Beach County Trip Generation Rates, multi-family residences account for average daily trips
(ADT) of 7 per unit, thus with 17 units, a total of 119 ADT are anticipated, which is significantly
less than what a 34,000 square foot general office use could generate at 581 ADT.
Parks and Recreation: 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 unit. Based upon the RM-10 rezoning, seventeen (17) dwelling units would require a
park impact fee of $8,500.
Schools: A School Concurrency Application has been transmitted to the School District of Palm
Beach County for their consideration regarding compliance with the adopted Level of Service
for School Concurrency. No response letter has been received from them thus far.
2
IV.A.
P&Z Board Staff Report, December 19, 2005
Rezoning from POD to RM-10 for Palm Trail Carriage Homes
Solid Waste: Based upon the Solid Waste Authority's typical waste generation rates, solid
waste generation would be 0.52 tons per unit for a total of 8.8 tons per year for the 17
townhouse units. This is in comparison to an office building, which would generate 4.6 pounds
per square foot per year. At 34,000 square feet, a potential office building would generate
156,400 pounds (78.2 tons) of solid waste per year. Therefore, the proposed townhouses will
generate 69.4 tons less solid waste per year than what would be generated by a potential
office development. Additionally, the Solid Waste Authority has indicated that its facilities have
sufficient capacity to handle all development proposals until the year 2024.
Consistency - The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
Future Land Use Element Objective 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 with 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 north and west,
condominium residences to the east and community facilities (church) & commercial (marina)
to the south. Residential development in this area will support commercial uses in the
downtown and the North Federal Highway corridor.
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 vacant medical office property to medium density
townhome residences will have a positive effect on other neighboring residential properties as
the impacts such as noise and traffic will be less than medical office uses.
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 site plan review process, the development proposal will
be reviewed for compliance with the LDR to meet all applicable minimum lot area and lot
dimensions requirements for the RM-10 zoning district (LDR-Section 4.3.4(K) as well as the
specific requirements for Townhouses and Townhouse Types of Development under LDR-
Section 4.3.3(0).
3
IV.A.
P&Z Board Staff Report, December 19, 2005
Rezoning from POD to RM-1 0 for Palm Trail Carriage Homes
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.
LOR 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.
The following zoning designations and uses border or are near the property:
Zonina Desianation: Use:
North:
South:
East:
West:
RM
GC, CF, SAD
RM
RM,RO
Single & Multi-Family Residential
Office, commercial, church, marina
Condominiums
Single & Multi-Family residential, offices
The surrounding residential area has been identified as "Stabilization" on the Residential
Neighborhood Categorization Map. This indicates that the area can accommodate some
improvements to the area to achieve the final desired existing land use pattern. The adjacent
residential properties to the north, east, and west are zoned RM (Medium Density Residential
District).The properties to the south are zoned GC (General Commercial) as that area is closer
to George Bush Blvd. which severs as an appropriate dividing line between the
commercial/office and residential development. The redevelopment of the property as two-
story townhomes will assist with the goal of moving the stabilization neighborhood towards the
stable neighborhood classification. (Objective A-4 of the Comprehensive Plan)
LOR Section 2.4.5(D) (5): In addition to provisions of Chapter 3, 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.
The applicant has submitted the following statement indicating that reasons A and Care
applicable to seeking a rezoning request from POD to RM-10:
4
IV.A.
P&z Board Staff Report, December 19, 2005
Rezoning from POD to RM-10 for Palm Trail Carriage Homes
"The existing zoning on three sides of the subject property is residential. The existing office
building is vacant. Return zoning back to original RM Zoning. "
The basis for which the rezoning should be granted relates to reason "A" in that the zoning was
changed from its original RM to POD and is now requested to be changed back to RM (ten
units per acre) and also relates to reason "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.
Community Redeve/oDment Aaencv (CRA):
The site is located outside the Community Redevelopment Agency Boundary and will not
require their review.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. No letters of objection have been received for this project.
Courtesy Notices:
A special courtesy notice was provided to the following homeowners associations:
1. Neighborhood Advisory Council
2. Progressive Residents of Delray Beach
3. Presidents Council
4. Palm Trail
The proposed rezoning from POD (Professional & Office District) to RM-10 (Medium Density
Residential District-10 units per acre) is consistent with the policies of the Comprehensive Plan
and Chapter 3 of the Land Development Regulations. The rezoning request will provide for a
compatible multi-family 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 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, this rezoning can be recommended for approval based on the findings outlined in
this report.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the privately sponsored
request for a rezoning from POD (Professional & Office District) to RM-10 (Medium Density
Residential District-10 units per acre) for the subject property, by adopting the findings of fact
5 IV.A.
P&Z Board Staff Report, December 19, 2005
Rezoning from POD to RM-10 for Palm Trail Carriage Homes
and law contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D)
(5), 3.1.1 and 3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the privately sponsored request
for rezoning from POD (Professional & Office District) to RM-10 (Medium Density Residential
District-10 units per acre) 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 does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and
3.2.2 of the Land Development Regulations.
Move a recommendation of approval to the City Commission for the privately sponsored
request for rezoning from POD (Professional & Office District) to RM-10 (Medium Density
Residential District-10 units per acre) 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 meets the criteria set forth in Sections 2.4.5(D)
(5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Attachments:
Zoning Map
Survey
Prepared by:
James G. Cain, AICP
Senior Planner
6
IV.A.
(JC
CMo/~
( f-'?~ )
()(~. \-Olo
38
"^'""'news.com
6 & 7 2006. www,""""
N WS - Friday/Saturday. January ,
BoCa Raton/Delray Beach e
100
ANNOUNCEMENTS
----{JE)-
LEGAL NoTICES
em. at uwu., ~~
IlOTlCI OF PUIUC_
A PUBLIC HEARING willlle held on the
~oI~OWi~~ ~~~,rd~=R~ 7~
2006 or at any eontinuatlOn of such
meeting which is set b'f the Commis'
sian). in the Citj.Commission Cham-
bers, 100 N.W. 1st Avenue, Delray
Beach. ROMa...t which time the City
Commission will consider their adop-
~~~~~~~~klt;::
at City HalUOO NoW. 1st Avenue, DeI-
ray Beach. Ronda, between the hours
~~ ~~~d-=~~on~
inlerosted parties are invillld to attend
and Ile heard with respect to the pr0-
posed ordinances. ' .
0RIIt1WlCE NO. Hili
Nl ORDtNANCf OF .lliE CllY COM-
MISSION OF lliE CITY OF DELRAY
BEACH. R.ORIDA. REZONING NlD
PlACING LAND PRESENTlY ZONED
~~I~~~~g:~M~
\~~1gT~~~ACRJ.~MA
PARCEL LOCATED ON lliE WEST
SIDE OF PALM TRAIL. APPROXI-
MATElY. 170 FEET NORlliOF
GEORGE BUSH BOUlEVARD, AS
MORE PARTICUlARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP
OF DElRAY BEACH. R.ORIDA, APRIL.
2005-; PROVIDING A GENERAL
REPEALER CLAUSE. A SAVING
----{JE}- ----{JE}-
I.Ecw. NOTICES LEGAL NOtICES
CLAU:st:. ANU AN tJ-ttl; llVt UA I t
ORIIIIWlCE NO. 2-*
AN ORDINANCE OF TliE CllY COM-
MISSiON OF THE CITY OF DRRAY
BEACH, R.ORIDA, AMENDING lliE:
LAND DEVELOPMENT REGULATIONS
OF lliE CODE OF ORDINANCES OF
THE CllY OF DELRAY BEACH,BY
~~~WGB~U~tf~Jm~G 4~:k2:
GRAPH 4.3:Ml~Jl.v, "DEANED-;
~~~N~ TODIsn\1ci3Ht\~m
L1MITATIONS-; AMENDING PARA-
g~R~~;I~J~~m;R~AJj~
"A". "DEFlNmONS". TO ALlOW AND
REGULATE PARAPETS; PROVIDING A
SAVING . ClAUSE. .A GENERAL
REPEAlfR CLAUSE. NlD AN EIffC.
TlVE DATE
ORIIINNICE 110. :HIli
AN OROINANCf OF lliE CllY COM-
. MISSION OF lliE CITY OF DRRAY
BEACH, R.ORIDA, AMENDING. THE
LAND DEVELOPMENT REGULATIONS
OF lliE COD.E OF ORDINANCES, BY
AMENDINGSECTlON 4.6.9. .OFF-
STREET PARKING REGULATIONS".
iW~~s(CMl~I\1~-?F~:~~:
~~T~Jt1~;~:&lA"ifl~~
RESEAVBJ SPACES FOR MIXED USE
DEVELOPMENTS; PROVIDING ASAV.
ING ClAUSE A GENEJlAi. REPEAlfR
CLAUSE. AND AN EFFECTIVE DATE
ORDIIWICE NO."-
AN ORDINANCE OF lliE CllY COM-
MISSION OF THE CITY OF DELRAY
~6F~ruM~~~
OF IlElRAY BEACH, BY AMENDING
SECTION 91.20, "RUNNING AT
lARGE". ".ORDER TO ClAAIFYTHAT
DOGS MUST. BE .UNDER lliE
OWNER.S DIRECT CONTROL
WHElliEA lliEY ARE ON OR OFf OF
lliE OWNER'S.PROPERlY. PROVID-
iNG A GENERAl. REPEALER CLAUSE;
SAVING CLAUSE; AND AN 8'FECT1VE
DATE . ..
Please De acMset1 mat It a person
decides to appeal any decision made
by the City'Commission with respectto
any matter considered at these hear-
~~a~~m~~~:e~~S~
:~r ~ ~':'~u~ t~chd~
~~~~~~~ ~~~3~5~UCh record.
CITY OF DELRAY BEACH
Chevelkl D. Nubin
CityCklrk
PUBLISH; Friday. JantJal)f 6. 2006
Boca RatoMJelrayBeach News
Ad #126410