Ord 07-06
ORDINANCE NO 7-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED SAD (SPECIAL ACTNITIES DISTRICT)
WATERFORD PLACE/ DELINT TO RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL
LOCATED ON THE NORTH SIDE OF AUDUBON BOULEVARD, ON
THE WEST SIDE OF DOTTEREL ROAD, BETWEEN 1-95 AND
LINDELL BOULEVARD, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE 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 SAD (Special Activities District)
Waterford Placet Delint; and
WHEREAS, at its meeting of January 23, 2006, the Planning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to
o to recommend that the property hereinafter described be rezoned, based upon positive findings;
and
WHEREAS, pursuant to Florida Statutes l63.3l74(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 Medium Density Residential (RM)
District for the following described property:
All of the Plat of Waterford Village, according to the plat thereof as recorded in Plat Book
61, Pages 80 through 82, of the public records of Palm Beach County, Florida, less the road right-
of-way dedication for Audubon 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 passage on second
and final reading.
P~~ED AND ADOPTED in regular session on second and final reading on this the~~
dayof ~ .....\.. ,200k..
ATTFST) M,.A JI....
~, ~ '\). ~~.;",
City Clerk
Second Readin
First Reading
2
ORDNO.7-06
MEMORANDUM
TO:
FROM:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGER~
AGENDA ITEM # \ OJ),.. - REGULAR MEETING OF FEBRUARY 21.2006
ORDINANCE NO. 7-06
SUBJECT:
DATE:
FEBRUARY 17, 2006
This Ordinance is before Commission for second reading and qNasi:iNdicial hearing for a privately
initiated rezoning from SAD (Special Activities District) Waterford Place/Delint to RM (Medium
Density Residential) for Bahia Delray (fka Waterford Village Apartments), located approximately
2,100 feet south of Linton Boulevard, between 1-95 and Lindell Boulevard.
The subject property totals 25.19 acres, includes all of the plat of Water ford Village, and is presently
zoned SAD with an underlying Future Land Use Map (FLUM) designation of MD.
The property is owned by Waterford Village Developers, ILC. The rezoning request is being
sought as it is more consistent given the FLUM designation of MD and the existing residential uses
on the property. Accompanying this request is a concurrent Class IV Site Plan Modification to
construct 48 additional three-story townhome units and convert the existing residential apartment
rental units into condominiums for sale. The additional 48 units would increase the density of the
project from 9.36 dwelling units per acre to 11.27 dwelling units per acre. A maximum density of 12
units per acre is allowed under the proposed RM District.
On January 23, 2006, the Planning and Zoning Board held a public hearing in conjunction with the
request. There was no public testimony. The Board voted 7-0 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 February 7, 2006, the City Commission passed Ordinance No. 7-06.
Recommend approval of Ordinance No. 7-06 on second and final reading.
&\City CIerk\agenda memos\0nl7-<l6 Bahia Deltay Rezoning 022106
FROM:
.'(n~~ltt!jNI.I.i!lllltt!~IM.ilf,."Iltt!~r ......
DAVlD~D~' ITY MANAGER
PAUr&lli\UNG, DI ~TOR OF P~NG AND ZONING
JAMES G. CAIN, S NIOR PLANNEYa."..,.!)f {A;.,...
MEETING OF FEBRUARY 7, 2006
PRIVATELY-INITIATED REZONING FROM SAD (SPECIAL ACTIVITY
DISTRICT) TO RM (MEDIUM DENSITY RESIDENTIAL) FOR BAHIA DELRAY
LOCATED AT 995 CRYSTAL WAY, 2100 FEET TO THE SOUTH OF LINTON
BOULEVARD)
','nn."."".".....:."""
n'O"O'>< ",....,'>,.
uX
....I~
"'H"""'1'T"<""
"""'><!><!,,'}""H"'':! '
I
TO:
THRU:
SUBJECT:
The subject property totals 25.19 acres and includes all of the plat of Waterford Village, as
recorded in Plat Book 61, Page 80, of the public records of Palm Beach County. The property is
presently zoned SAD with an underlying FLUM designation of MD (Medium Density Residential 5-
12 dwelling units/acre).
The subject property is owned by Waterford Village Developers, llC. The rezoning request is
being sought as it is more consistent given the Future Land Use Map designation of MD and the
existing residential uses on the property. Accompanying this request is a concurrent Class IV Site
Plan Modification to construct 48 additional three-story town home units and convert the existing
residential apartment rental units into condominiums for sale. The additional 48 units would
increase the density of the project from 9.36 to 11.27 dwelling units per acre. A maximum density
of 12 units per acre is allowed under the proposed RM District.
PLANNING 1'ND ZONING BOARD CONSIDERATION
. . .....1
The Planning & Zoning Board considered this request at the January 23, 2006 meeting. A public
hearing was held and no one from the public spoke on this item. The Board voted unanimously 7-
o 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 the rezoning request (Ordinance No 7-06) from SAD to RM, 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: Planning and Zoning Board Staff Report of January 23, 2006
Idvt
OJ:
vJJ)
ORDINANCE NO 7-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED SAD (SPECIAL ACTIVITIES DISTRICT)
WATERFORD PLACEI DELINT TO RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL
LOCATED ON THE NORTH SIDE OF AUDUBON BOULEVARD, ON
THE WEST SIDE OF DOTTEREL ROAD, BETWEEN 1-95 AND
LINDELL BOULEVARD, 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 SAD (Special Activities District)
Waterford Placel Delint; and
WHEREAS, at its meeting of January 23,2006, the Planning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to
o 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 (RM)
District for the following described property:
All of the Plat of Waterford Village, according to the plat thereof as recorded in Plat Book
61, Pages 80 through 82, of the public records of Palm Beach County, Florida, less the road right-
of-way dedication for Audubon 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 ofthe 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. 7-06
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
January 23, 2006
III-B.
Rezoning from SAD (Special Activities District) to RM (Medium Density Residential)
for Bahia Delray, a 25.19 acre parcel. The subject property is located at 995 Crystal
Way which is bounded on the south side by the intersection of Audubon Boulevard
and Dotterel Road and on the northeast side by the intersection of Lindell Boulevard
and Egret Circle. This is approximately 2100 feet south of Linton Boulevard (Quasi-
Judicial Hearing).
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner! Applicant......................... Waterford Village
Developers, llC.
location...................................... 995 Crystal Way,
(Approximately 2100 feet
south of Linton Boulevard)
Property Size.............................. 25.19 Acres
Future Land Use Map................ MD (Medium Density 5-12 du!ac)
Current Zoning............................ SAD (Special Activities
District)
Proposed Zoning........................ RM (Medium Density
Residential)
Adjacent Zoning................North: SAD
East: RM
South: R-1-AA, R-M
West: A, SAD
Existing Land Use...................... Multi-Family Apartments
(2-story)
Proposed land Use.................... 48 Townhomes
(3-story)
Water Service............................. Existing 8" water main within
the Waterford Village
Subdivision.
Sewer Service............................. Existing 8" Sewer line within
the Waterford Village
Subdivision.
~
I
"
._"""""'"
- ~
-
N
CANAl C-15
[S..IIIIIIII.llI111111111111111
1~r'i"lIIIIIIJI'tj
ITEM BEFORE THE BOARD
I
The action before the Board is that of making a recommendation to the City Commission on a
privately sponsored rezoning from Special Activities District (SAD) to Medium Density Residential
(RM) for Bahia Delray, a 25.19 acres parcel. The subject property is located at 995 Crystal Way
which is bounded on the south side by the intersection of Audubon Boulevard and Dotterel Road
and on the northeast side by the intersection of Lindell Boulevard and Egret Circle. This is
approximately 2100 feet south of Linton Boulevard.
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning Agency
(Planning and Zoning Board) shall review and make a recommendation to the City Commission with
respect to a FLUM amendment and Rezoning of any property within the City.
BACKGROUND
I
The subject property totals 25.19 acres and includes all of the plat of Waterford Village, according to
the plat thereof, as recorded in Plat Book 61, Page 80, of the public records of Palm Beach County.
The property is presently zoned as SAD with an underlying FLUM designation of MD (Medium
Density residential 5-12 dwelling units/acre).
There have been several important events connected to the history of this property. In 1984, a
rezoning from PRD-4 to Special Activities District (SAD) was approved by Ordinance 79-84 for the
86.42 acres tract. The subsequent Waterford/Delint DR I-DO (Development of Regional Impact-
Development Order) was approved by Resolution 49-85 on May 28, 1985. The original approval
contained 811,763 sq. ft. of office space, a 250 room hotel, and 236 multi-family units.
The Waterford Village Apartment complex was the initial residential component constructed in 1988
and consists of 236 multiple family units within 17 buildings (including the clubhouse and recreation
buildings). The apartment complex is located on 21 acres along the south side of the SAD with
access provided via a roadway connection (Crystal Way) to Lindell Boulevard.
In May of 1996, the SAD/DRI-DO was modified to replace the approved 322,413 square feet of office
space with 300 residential units and a seventy-eight (78) room hotel. These actions were taken via
Ordinance No. 11-96 and Resolution No. 37-96.
On September 3, 1997, the Site Plan Review and Appearance Board (SPRAB) approved, with
conditions, the site plan for Carriage Homes of Waterford Park (Alta Meadows), a 300-unit apartment
complex consisting of 587 parking spaces, and associated landscaping on 31.56 acres. (This site is
adjacent to the north of the subject property).
On January 20, 1998, the City Commission approved Ordinance No. 1-98, and Resolution 6-98,
which dissolved the Waterford Place/Delint Development of Regional Impact (DRI). However, while
eliminating the DRI, Ordinance No. 1-98 incorporated many of the conditions of the DRI Development
Order.
In 2000, a Comprehensive Plan Amendment (CPA) was approved to change the Future Land Use
Map to the north of the subject property from MD (Medium Density Residential) to TRN (Transitional).
The CPA had a condition of approval to construct a hotel for the property north of the residential
component and south of the Home Depot. In 2001, this condition of approval for the CPA was
removed.
PROJECT DESCRIPTION
I
The subject property is owned by Waterford Village Developers, LLC. The applicant has submitted a
rezoning request from SAD to RM to the Planning & Zoning Department and is requesting the Board
make a recommendation to the City Commission. They have stated that the RM Zoning is more
Planning and Zoning Board Staff Report
Bahia Delray - Rezoning from SAD to RM
Page 2
consistent with the Future Land Use designation of MD and with the existing residential uses on the
property. They have also submitted a concurrent Class IV Site Plan Modification in order to construct
48 additional three-story town home units and have proposed upgrades to reconfigure and convert the
existing residential apartment rental units into condominiums for sale.
ANALYSIS
I
REQUIRED FINDINGS:
LDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to LDR Section 3.1.1, prior to the approval of development applications, certain
findings must be made in a form which is part of the official record. This may be achieved
through information on the application, the staff report, or minutes. Findings shall be made
by the body which has the authority to approve or deny the development application. These
findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency
and Compliance with the Land Development Regulations.
Future Land Use Map: 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 proposed zoning designation of Medium Density Residential (RM) is consistent with the existing
Medium Density Residential (MD) FLUM designation. Multiple-family townhouse developments are
allowed under RM zoning district as a permitted use at a base density of six (6) units per acre. A
density increase up to 12 units per acre is allowed only if the development proposal can demonstrate
substantial compliance with the performance standards listed in LDR Section 4.4.6(1). Based on the
above, positive findings can be made with respect to FLUM consistency.
Concurrency: Concurrency, as defined pursuant to Objective B-2 of the Future Land Use
Element of the Comprehensive Plan, must be met and a determination made that the public
facility needs of the requested land use andlor development application will not exceed the
ability of the City to fund and provide, or to require the provision of, needed capital
improvements in order to maintain the Levels of Service Standards established in Table CI-
GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach.
The proposal involves amending the zoning designations from SAD to RM on a parcel which totals
approximately 25.19 acres. The proposed rezoning will result in an increased impact on adopted
concurrency, as the proposed density increases from 9.36 to 11.27 dwelling units per acre with the
addition of 48 townhomes. Concurrency findings with respect to Parks and Recreation, Schools, Solid
Waste, Traffic, and Water and Sewer are discussed below:
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 proposed rezoning, a density increase from 9.36 to 11.27 du/ac constituting 48
new dwelling units requires an additional park impact fee of $24,000.
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 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 and the receipt of a written finding
of approval from the School District will be required with site plan approval.
Solid Waste: The subject property now has 236 residential units and is proposed to increase to 284
with the addition of the 48 new town home units. Based on a waste generation rate of 1.99 tons per
Planning and Zoning Board Staff Report
Bahia Delray - Rezoning from SAD to RM
Page 3
year for apartment and town home units, the subject properties will generate an additional 95.52 tons
of solid waste per year which results in a combined total of 565.16 tons of solid waste per year. The
increase of 16.6% will require a solid waste collection fee of $168.96 (48 units x $3.52 per unit).
Traffic: According to the provided traffic study, the proposed zoning designation and addition of 48
town home units will generate 29 A.M. and 33 P.M. peak hour trips with a total of 336 daily trips. A
copy of the submitted traffic study has been transmitted to the Palm Beach County Traffic Division for
review. A letter from the Palm Beach County Traffic Division stating that the proposal complies with
the Palm Beach County Traffic Performance Standards Ordinance must be received prior to site plan
approval. If the proposal meets traffic concurrency standards, a positive finding with respect to traffic
concurrency can be made.
Water and Sewer: Water service can be provided to the site through an existing 8" water main within
the Waterford Village Subdivision which is located along Crystal Way and from a 10" water line along
Lindell Boulevard. There are also several existing 6" sewer lines all throughout the subdivision which
can service the new residential units. The Comprehensive Plan states that adequate water and sewer
treatment capacity exists to meet the adopted level of service standard at the City's build-out
population. The proposed rezoning will increase the demand on these public services and a
stormwater assessment fee of $2592 ($54 per unit) will be required. A positive finding with respect to
this level of service standard can be made subject to meeting all Fire Department and Engineering
technical comments related to water and sewer lines and fire hydrants.
Consistencv - The requested designation is consistent with the goals, objectives and policies
of the most recently adopted Comprehensive Plan.
COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable objectives 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.
There are no significant environmental characteristics with the subject property. Infill development of
the property to increase the density of residential, based upon the proposed zoning, is compatible with
the adjacent land uses, which consist of medium density residential to the north, east, and southeast;
low density residential to the south, and open space to the west.
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 addition of 48 new town home units and condo conversion upgrades of the existing
Waterford Village Apartments into Bahia Delray will have a positive effect on other neighboring
residential properties as the quality of development will be improved and have a positive effect on
neighboring residential properties.
Compliance--Development under the requested designation will comply with the provisions
and requirements of the Land Development Regulations.
Planning and Zoning Board Staff Report
Bahia Delray - Rezoning from SAD to RM
Page 4
Future development 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 zoning district (LOR-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).
ZONING ANALYSIS
I
STANDARDS FOR REZONING ACTIONS:
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 2.4.5ID) (5) - RezoninCl FindinCls:
Pursuant to LOR 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 andlor neighborhood.
The applicant has indicated in their statement of the reasons for the rezoning that they fulfill two
out of three reasons (b and c) for a positive rezoning finding. The following is an excerpt from
the applicant's justification statement:
(b) "The current SAD zoning was established to accommodate a mixed use project which in its
original conception was known as the Waterford DRI. Over the years, the DRI has actually
been dissolved since the actual development that has evolved no longer meets the
various thresholds. In addition, there is very little integration of the uses in the project. For
instance, the Bahia Delray project does not physically connect with the rest of the parcels
in the original DRI and there is no integration or sharing of amenities."
"These changed circumstances would seem to make the SAD zoning which is designated
to accommodate large mixed use projects less appropriate than when the Waterford DRI
was initially planned. Alternatively, the RM district would seem to be very appropriate in
that the Bahia Delray Project is a medium density residential project which meets the
standards of that district. "
"It should also, be noted that the SAD zoning currently applicable to site requires that the
RM development standards be used as a guide to design. Thus, the effect of any re-
zoning of the property to RM would simply be to make the district classification consistent
with the applicable development standards. "
(c) "The Bahia Delray site is within an MD (Medium Density Residential) classification on the
City's Comprehensive Plan. This district allows the RM zoning classification and
this designation would clearly be appropriate for the site."
Planning and Zoning Board Staff Report
Bahia Delray - Rezoning from SAD to RM
Page 5
According to the applicant, the basis for which the rezoning is being sought most closely relates to
reasons (b) and (c). If consideration is given to modify the zoning designation to RM, then it will more
closely match the MD (Medium Density) future land use classification of the site. It is noted that the
applicant has indicated they will provide 44% landscaped open space which exceeds the minimum
requirement of 25%. In research of the land use history of the overall site, staff does note that there
was a condition in the Waterford Place SAD which limited the total number of residential units to 536.
Of note is that the property as currently zoned has reached its limit in the number of housing units
(Waterford Village-236 units, Alta Meadows-300 units) which are allowed in the SAD. Thus, another
reason for the rezoning request becomes apparent but was not stated by the applicant.
LDR Section 3.2.2: Standards B, C and E are not applicable. The applicable performance
standard of LDR Section 3.2.2 is as follows:
(A) The most restrictive residential zoning district that is applicable given existing
development patterns and typical lot sizes shall be applied to those areas identified as
"stable" and "stabilization" on the Residential Neighborhood Categorization Map.
Requests for rezoning to a different zoning designation, other than Community Facilities,
Open Space, Open Space and Recreation, or Conservation shall be denied. [Amd. Ord.
13-99 3/16/99]
Although this area is identified as "stable" in the Comprehensive Plan's Residential Categorization
Map this project proposes developing additional residential units within a 25.19 acre lot which already
has residential development in place. The existing development patterns on and around the site are
predominantly medium density residential and is reflected by the adjacent RM zoning to the southeast
and east of the subject property with Audubon Boulevard clearly serving as the dividing line between
medium and lower density residential with R-1-AA zoning (Bass Creek) to the south of Audubon
Boulevard.
(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.
For the overall area designated as the Waterford Place SAD the development trend is toward further
residential development (due to the removal of the DRI designation and shrinking amount of property
zoned as SAD). There still could be a need to provide landscaping buffers towards the northern
portion of the Waterford Place SAD (e.g.-AIla Meadows Subdivision) based on the adjoining locations
of commercial retail development (Home Depot, Target) in the area.
As mentioned previously Audubon Boulevard is a clear dividing line between the medium density
residential represented on the subject property and the adjoining properties to the immediate east
and north and the Low Density Residential (R-1-AA) to the south. This is also the case to the south
and east of the intersections of Dotterel Road and Lindell Boulevard which are also low density and
zoned as R-1-AA. To the west a significant man-made barrier in the form of 1-95 is present but with a
small Agricultural Zoned area with open space future land use providing the residential development
a buffer from the interstate. Thus the rezoning request for the immediate subject property should be
compatible with the surrounding areas and positive findings with regard to LDR Section 3.2.2(D) can
be made.
The subject properties are not in an area that requires review by the Community Redevelopment
Agency (CRA) or Downtown Development Authority (DDA).
Courtesv Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
Planning and Zoning Board Staff Report
Bahia Delray - Rezoning from SAD to RM
Page 6
o Tropic Palms Homeowners Association
o Delray Racquet Club
o Presidents Council
o Progressive Residents of Delray (PROD)
o Neighborhood Advisory Council
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board
meeting.
The proposed rezoning from SAD (Special Activity District) to RM (Medium Density Residential
District) is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land
Development Regulations. The rezoning request will provide for 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.
ALTERNATIVE ACTIONS
I
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the privately sponsored request
for a rezoning from SAD (Special Activity District) to RM (Medium Density Residential District) for
Bahia Delray, by adopting the findings of fact and law contained in the staff report, and finding
that the request and approval thereof is consistent with the Comprehensive Plan and meets the
criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the privately sponsored request for
rezoning from SAD (SpeCial Activity District) to RM (Medium Density Residential District) for Bahia
Delray, 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.
STAFF RECOMMENDATION
I
Move a recommendation of approval to the City Commission for the privately sponsored request for
rezoning from SAD (Special Activity District) to RM (Medium Density Residential District) for Bahia
Delray, 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
Future Land Use Map
Survey
Prepared by:
James G. Cain, AICP
Senior Planner
MAROONE
FORD
AC
.
o
w
~
~
MAROONE
DODGE:
SOUTHRIOGE:
\IlLLAGE:
CONDO
L~YER'S
"
MAROONE
NlSSAN
LINTON
OUTBACK
BOULEV
R 0
CIRCUIT
CITY
iJ
<
UNTO
ARBORS
OFFIC'
PARK
ROSS
LAKE\IlEW
AP AR TMEN TS
C
ARBORS D
OFFICE THE HOME SAD
PARK DEPOT
"""""
omCE
PARK .. LANG
MNGT.
:> BLDG.
Z
..
>
.,
I SAD
CLUB
POC rf.f.c, ~
~
,-
.
ffiEffij.
MALLOJlO ORIl,E !i
HAROR/VES ~
CAN A L
PCC
OS
..
DELRAY ..
OAKS ..
..
PRESERVE "
<
Z CORPORA TE " .
0 T<CH 0 < <
CENTER . 0
U < . .
MIC S 0 . .
S,W. 29TH ST
S.W. 29Tli CT. ~ VEHICLE .
/NSPECRON g ~
BLDG.
.
2 SUN-
'$."'. SENRNEL
N
ZONING DISTRICT MAP FOR
BAHIA DELRAY
CITY OF DELRA Y BEACH, FL
PLANNING & ZONING DEPARTMENT
-- DIGITAL BASE MAP SYSTEM --
MAP REF: LM901
LANG
... /oINGT.
=> BLDG.
Z
...
>
<
i TRN
....
~~?
"..
.
D
10=
~
rJc'~
Q\-'i:l ~ol>D
ARBORS
omer
PARK
.
ARBORS ~
omCE
PARK
ARBORS
"""
"""
TRN
HARDRIVE:S
CAN A L
S-C !:r:
..
DELRAY ..
DAKS ...
..
PR[SrnVE: "
t Z CORPORA TE:
0 H
CENTER
U
s.w. 29Tn ST.
s.w. :liTH CT. ~ VE:HICLE
INSPECTION
BLDG.
~ SUN-
., SENTINEL
N
CITY OF DELRAY BEACH, FL
PLANNING &: ZONING DEPARTMENT
-- DIGITAL BASE MAP SYSTEM --
I
U
I
~
"
.
a MAROONE SOU THRIDGE
"
u ODD", ItfUAGE .
.
" MAROONE CONDO .
. NISSAN "
BOULEY R 0
f
I
,
Il,o,LLAAO
.
~
.
~
M'~
<
" z
< <
0 z u
< . . .
u ~ ~ .
S
% ,
0 .
" " g . "
~ I ~
""~
CAN A L C-15
FUTURE LAND USE MAP FOR
BAHIA DELRAY
MAP REF: LM901
z ~~lhUtu
o
~ II"'''''
,
~ IImliil
~ 11'111
~ Illllil
~ Ill......,
.
~
!.. .....
g- .~
~5}l
_r:::;;;
,u.j
~~
..($ =
...~m
z'
"wro
wu'
U m
~Z~
;fgai
z~
"~
..
,
'j
II
!,
I,
!I
!,
IJ
"
!!
II
II
il
!I
~ Ii
.'
"HI
~ ~I
J'lI'III!! I' '
U1.ii.II!i!!'1
,,'!hi!till'd,"
IPld111'lljd
lII,!!ll.!!. !I' .~!
1'1.IWII'IIW!~'
,lliIll1hl\ll!!i ~I
l'III,!I,,!!!!I!11 ""I
I' ' III !i!!l " ~;?!
'.I',llil!!I..I11 Ii
"1"1; 1,."',1 )
'1111'1"11' I
.III,111lI'I.111!,,111
. nl'I.,.J!
~ jlh!,llljl!iJ!I'
I i1mlllidil!!lh
~~
;::t~..
~ = .' ~ ~
"1- ~ I~
(I) ~ IO! ~.. -g
l ~~n::~
, u
, z
. -
j g !
I ~. ·
: Q::I'!..J
iil,n
o~::i
~U~
~"f~"
~U~
::c ~:'i'
~~~~ I
~~ ~
~ ~ i
~ 1
I
i
~
>
eJ
i..i!i2
i~"r
~;~:l:
i~.~
e.c
~Uz
-""0
;"'~
f&~;;o
r:;ii
, ~
z
"
]
]
]
]
~/
/;
dl/
;/
~."
.",~
hi
j;
: I'
il
!j
;-
!
!;1
-{L,L
Ii _
I
.
.
~
o
, ~
.,.
= $r
~"
\~
\~ +I'&>,..
...'\ ~'t>.
,,', .~~
,
'\~ ',~,,~
" "'
"
r
:o~~
E~f;
~nm
ci!Mr-
J,~.j>.
-~
'or,
"
"",
m
c
,5
'ii\
'0
'm
3~
r
~
,
= $r-
I ~
I b~
l i"Rzr
r;a~
2:"<gl>
1l:~1=F
~~~~
--:e;!o
~...-<
I&s~
'(....;;:1::0
. ,
I "
"
I :ri
"
II "
il %,
~~ I
Ii ~~
I,
I:
I:
1:
1 i I 11: r
': -:Oz"1J
, i::ob>
: ~~~
,
I: II! cilJ'Tlr
,Z.
~ ~m
I
,
I I
I~ z
.
II -0
1>'lg
< .
.~
i I
, I ~
'II .
I! , ,3
iil
i I e-::~
,
.
I
"
Iii
H02'09'~W
~
~~~~~~~~~~~~~----
"
~j
I
i;: II "l ~
,
.
z
a
~
"'-",
.."
~ x~ ~
. it
0 I fj
z ~! ~ :.~ ( , ~
w .' ~'t ~ e-
" H trl "'i ~;.' Hi Ii i
w ~~ ::1 ~j
-' ..1
<< i'! , ~r i~ ; H
. , '!c. II,
0 . ~ '\ !" ~; ~i ~
-' ~i ~~ !;!; ;:i iI;
0
u I I II ~u II II II II
0'1
>'~;:;,
-:.;:>-""-
.
.
..
z
o
......
~
>
W
....J
W
I-
Z
o
c:::
u..
~(V1S'ON5 nv
"iC. AV_D ':f.)(
_.4 ,,,,,,,,.,-/lL
-"'.1.uio"'
-
ARCHITECTS
PLANNERS
:'W1 ~w n(l(A It-'> Tn.. 1\1. \'[)
.
~ITIl: ~
.
lI"'\'.\IlAJn~. 1-1..114\1
.
11-1 ~t_l"~_t1u
.
f"-,, l<\I.'~2-,.m
.
l'..'.....\l.4m.lYAloutf<1'SCl'll.I
>-
-<
"
...J
~
o
-<
-
::c:
-<
o:l
<(
Cl
a:
o
...J
11.
:I:
U
<(
UJ
III
~
a:
...J
UJ
Cl
tu:lI1llAlEQlJUT1lJN'''''''''
(!C,'
Ccu^d a..h..I-l~.
(~)
44 BoCa Raton/Del raY-Beach News - Friday/Saturday, February 10 &t 1. 2006. www.bocanews.com
100
ANNOUNCEMENTS
~
LEGAL NOTICES
g~-:.r~~
Af\JB!JCHEAP..lNGwiillleheldoolile
~~,";nfl;~~i1~~~7f?
21lO6 or.31 ,any COJllir1u.alil)l1 QfWctl
mf!t;UI1Q whicIl is set by the C<lmrnis_
~~'~OOlheN::~~;
Baadl, Aorida,alYAlictltime lheeitY
Ctlmmiss.illllWi!lconsiderlheiradop-
lion Thl! pmposedOl"(lil!ances'may
llei~atIlleOIrICeOflhe~
Cklrk at City Hall. llXl H.W. 1s1
Avenu!l. OeIray llucn. FIartda
betwo3en II1ehours ulailOam. ilfld
=:~iiw~'~=
areirl\,1!ed toallendand be heard wittl
respoc1tothetwopbse<lordinal1CeS.
ORD\MANC[JCO.HI
III ORDINANCE OF TH_E CITY COI4'
MISSiON OF llffCITH)fDElRAY
&EACH. FLORIDA. AMENDING THE
SPECtAlACTlVlTIESOlSTFlICT(SAOi
f'ORMERl'( KNOWN AS THE EXTRA.
ClOSET SAD. AS ESTABUSHEQ-BY
OI'ID:NAACE211-89,BYA.OOlN-~TWO
~~
LEGAL' NOTICES LEGAL NoTICES
MUKI: :;t~ :>tI1VIt;t l>IUHAGI:
FACIL)TY &JILOINGS TOTAlING
17:700 SQUARE FEET: PflQVIDING A
.GENERAL REPEAtER CLAUSE: A
SAVING CLAlI$E, AND ANffFECTJyE
QATI'.
QADlNAHC(NO.1-416
AN ORDINANCE OF 1HE CITY COM-
M1SSIOf1 OF THE erry Of PElRAV
SEACH,fLQfiIOA.'!'IEZONlNGANO
PlACI1tG!.A!-lD ?RESEtfTLY ZONED
grJfA~R:rr;:to~tSJA!g~~~
~~~~Ai~~~~~~d~
THE NORTH SiN Of. AUOUeON
ilOUlf'o'ARO, ON THE WfSTSIDE Of
OOTTEAEl ROAD. 8ETWEEN 1-95
AND 1.11\'OElL BOULEVARD, AS
MDAf.PAATlCUlARLY DfSCRIBfD
HEREIN: AMeNDING 20f4ING MAP
~~R~~g.,,~lL~AI~}N~~E
REPfALER C!,.AUSE.-A SAVING
CLAUS€,AIIIO AN EFFECTM DATE
OIUl~HO.t-06
AN ORDINANCE: Of THE CITY COM-
MISSION Of THECITYClfOELRAY
BEACH. FlORIDA, AMENDING Tl1E
OODEOfORPlr~CESOFTHECITY
OF OEl.lVoY BEACtI BY AMENDING
CHAPltA 1oz, "'STREETS NKJ SIDE.
VfAl.J(S". secnOH 102.43. "STAN-.
DAROS "fOR, - NEWSRACKS. MID
MODuLA.'1 NEWSRACKS, ll'iCLlJU.
ING MAllmHANCf,lNSTAUATlGN
AND TIONS".TO PROVIDE
ADm fOflTHE
_INSTAU.ATlON
OUGHOIHTHE
SA\'INGClAUSE.
RCtAiISE.AND
0fUlI1WtCE NO. 11HJ6
1\1\1 Ut1IJINArM.UI" IH~ \;111 WM-
MISSION OF THE C1T'!'OFOElRAY
8EACH,fLORIOA,AMENOI!l:IGC!1AP-
TER96;<~E5AFETYANO-WER-
GENCv-5ERVICES"_OfMcooeo;-
OA01fO.N~S OF TIE C1TY .ofo PEL-
RAY 1;lEACH, BY AMENDiNG SECTlON
9(;,16. .ca"rAm COOfS ADOPTED
SYREffflENCE".SYtiPDAJING 'HE
REFERENCf"S TO THE FLORIDA
8UILOING CD CERTAIN
NA Asse-
CIA . ENA.CTlNGA NEW
VIDEA 7b:~W~~E'b"
JNDMOUAlS, TO OiAi.lENliE ThE
CITY'S lOCAl AMHlOMENT PROVI"
SIONS; PROViOING -A SAVING
ClAUSE. A GENERAL BEPEALER
CLAUstAND Atl EfFECTiVE DATE
P~.beild1lialldlfla1.lfapell(j1)
~C1t~rJ:iOr~~e=
to aovmal'.ercoosiOOred. at If.ese
1HW'1n9s,Suchll<ll"5On.mayOOt!'JIl.l
ensurelhatawlbatimrecordiodlldes
tI>e'tll$MlOlIY al1lJ 1ivid~i!C1l UDOII
whldltheappcalislObetJased_Th€
~~~Fn~:~=~uciJ
COYOFOELRAY9EACH
ChewIleD.Noo;,l
"""'"
"~~~~~~
Al!#l27'053