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15-97 ORDINANCE NO. 15-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT AND RR (RURAL RESIDENTIAL) DISTRICT IN THE RM-7 (MEDIUM DENSITY RESIDENTIAL - 7 DWELLING UNITS/ACRE) DISTRICT; SAID LAND BEING GENERALLY LOCATED NORTH OF WEST ATLANTIC AVENUE AND SOUTH OF LAKE IDA ROAD, BETWEEN THE HIGH POINT AND SUDAN SUBDIVISIONS, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zonin9 District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned CF (Community Facilities) District, in part, and RR (Rural Residential) District, in part; and WHEREAS, at its meeting of March 17, 1997, the Planning and Zonin9 Board for the City of Delray Beach, as Local Planning Agency, considered this item at public hearing and voted to recommend approval of the rezoning, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of RM-7 (Medium Density Residential - 7 dwelling units/acre) District for the followin9 described property: A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida, said parcel being a portion of Lots 7, 8, 9, 10 and part of Lot 11 as recorded by Model Land Company's Subdivision of the North Half and part of the South Half of Section 18, Township 46 South, Range 43 East, in Plat Book 6, Page 51, of the Public Records of Palm Beach County, Florida, said parcel being more particularly described as follows: Commence at the north quarter corner of Section 18, thence with a bearing of South 89 degrees 13'05" East, along the North line of Section 18, 425.12 feet to a point; thence with a bearing of South 00 degrees 51'39" West a distance of 40.00 feet to a point on the South right-of-way line of Lake Worth Drainage District Lateral No. 32, said point also being the point of beginning, and the Northwest corner of Sudan Unit A, a subdivision as recorded in Plat Book 28, Page 144 of the Public Records of Palm Beach County, Florida; thence with a bearing of South 00 degrees 51'39" West along the West line of Sudan Unit A, a distance of 156.02 feet to a point; thence with a bearing of South 89 degrees 13'05" East along the South right-of-way line of Bishop Drive a distance of 116.65 feet to the northwest corner of Lot 1, Block 3; thence with a bearing of South 11 degrees 09'34" West along the West line of Block 3 and Block 4, a distance of 1084.58 feet to a point on the South right-of-way line of Ambrose Drive; thence with a bearing of South 89 degrees 15'22" East along the South right-of-way line of Ambrose Drive, a distance of 64.21 feet to the Northwest corner of Lot 14, Block 1; thence with a bearing of South 00 degrees 43'48" West along the West line of Lot 14, Block 1, a distance of 108.93 feet to a point on the South line of Sudan Subdivision Unit A; thence North 89 degrees 45'41" West 669.24 feet; thence run South 01 degree 03'02" East 150.00 feet; thence run South 89 degrees 45'41" East 150.00 feet; thence South 01 degree 07'23" East 193.97 feet; thence South 89 degrees 53'11" East 152.92 feet; thence South 00 degrees 04'33" West a distance of 200.33 feet; thence North 89 degrees 55'27" West a distance of 649.64 feet; thence North 01 degree 05'55" West a distance of 100.02 feet; thence South 89 degrees 55'28" East 10.00 feet; thence run North 01 degree 05'55" West 100.02 feet; thence run 89 degrees 55'28" West 5.01 feet; thence run North 01 degree 05'55" West 345.81 feet; thence North 89 degrees 45'41" West 191.02 feet; thence with a bearing of North 01 degree 01'38" West, a distance of 1343.85 feet to a point on the South right-of-way line of Lake Worth Drainage District Lateral No. 32; thence with a bearing of South 89 degrees 13'05" East along the South line of Lateral No. 32 a distance of 1263.16 feet more or less to the Point of Beginning. - 2 - Ord. No. 15-97 Containing 44.94 acres, more or less. Section 2. That the Planning Director of 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 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordin~ce 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 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ~OPTED in regular session on second and final reading on this the 1st day of April , 1997. ATTEST: - 'City-C~rk ' First Reading March 18, 1997 Second Reading April 1, 1997 - 3 - Ord. No. 15-97 N REZONING FOR CORAL TRAOE PL&NNINO OEPAR~ENT FROM: CF(COMMUNI~ FACILITIES) TO: RM-7(MEDIM DENSI~ RESIDENTIAL CITY OF DELRAY BEACH, FL ~ RR(RURAL RESIDENTIAL) 7 UNITS/AC) -- OI~ITAL ~S~ MAP SYSTEM -- MAP REF: LM138 I I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # /0~- REGULAR MEETING OF APRIL 1, 1997 SECOND READING AND SECOND PUBLIC HEARING FOR ORDINANCE NO. 15-97 (CORAL TRACE REZONING) DATE: MARCH 27, 1997 This is second reading and a quasi-judicial public hearing for Ordinance No. 15-97 which rezones land commonly known as the Sned property from CF (Community Facilities) District in part (38.56 acres) and RR (Rural Residential) District in part (6.38) to RM-7 (Medium Density Residential - 7 dwelling units/acre). The 44.94 acre parcel is generally located north of West Atlantic Avenue, between the High Point condominium development and the Sudan single family subdivision. The rezoning is proposed to accommodate a 284 unit multi-family development to be known as Coral Trace. It will consist of 112 duplexes and 172 quadraplexes, with a density of 6.32 units per acre. The underlying land use designation is Medium Density Residential which allows up to 12 units per acre. The Planning and Zoning Board considered this item at a public hearing on March 17, 1997, and voted 5 to 0 to recommend that the rezoning be approved, based upon positive findings with respect to Section 3.1.1 (Required Findings), Section 3.3.2 (Standards for Rezoning Actions), and Section 2.4.5(D) (5) of the Land Development Regulations, and policies of the Comprehensive Plan. At first reading on March 18, 1997, the City Commission passed the ordinance by unanimous vote. However, Mayor Alperin did express concern about potential access problems and the desirability of a higher-end product at this location. Recommend approval of Ordinance No. 15-97 on second and final reading. ref: agmemol2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mg2q'AGER~ SUBJECT: AGENDA ITEM # /~ - MEETING OF MARCH 18, 1997 ORDINANCE NO. 15-97 DATE: MARCH 14, 1997 This is first reading for Ordinance No. 15-97 rezoning a parcel of land from CF (Community Facilities) District and RR (Rural Residential) District to RM-7 (Medium Density Residential - 7 dwelling units/acre) for Coral Trace (Sned Property). The 44.98 acre property is generally located north of West Atlantic Avenue, between the High Point and Sudan Subdivisions. The majority of the parcel is vacant, with two existing nurseries located at the south end of the property. The rezoning is being processed to accommodate a 284 unit multiple family residential development. At its meeting of March 17, 1997 the Planning and Zoning Board will formally review this item, and its recommendation and comments will be presented at the March 18th Commission meeting. Recommend approval of Ordinance No. 15-97 on first reading. If passed, a quasi-judicial/public hearing will be held April 1, 1997. TO: DAVID T. HARDEN, CITY MANAGER DEPARTMENT OF PLANNING ANI~ ZONING FROM: JANET MEEKS SENIOR PLANNER SUBJECT: MEETING OF MARCH 18, 1997 REZONING FROM RR (RURAL RESIDENTIAL) AND CF (COMMUNITY FACILITIES) TO RM-7 (MEDIUM DENSITY RESIDENTIAL - 7 DUlAC) FOR THE CORAL TRACE MULTIPLE FAMILY DEVELOPMENT (SNED PROPERTY). The action requested of the City Commission is that of approval on first reading of an ordinance rezoning a 44.98 acre parcel from RR (Rural Residential) and CF (Community Facilities) to RM-7 (Medium Density Residential - 7 du/ac) to accommodate a 284-unit multiple family development to be known as Coral Trace (Shed Property). The subject property is located north of West Atlantic Avenue and south of Lake Ida Road, between the High Point condominium development and The Sudan single family subdivision. The proposal incorporates unplatted parcels of land totaling 44.938 acres, lhe majority of the property is vacant with two existing nurseries located at the south end of the property. The parcel has an underlying land use of Medium Density Residential, which allows up to twelve (12) units per acre. The proposal is to rezone the subiect property from RR (Rural Residential) and CF (Community Facilities) to RM-7 (Medium Density Residential - 7 du/ac), lbo rezoning is being processed to accommodate a 284-unit multiple family residential deYelopmont to be known as Coral lrace. The development will consist of 112 duplexes and 172 quadraplexes, with a density of 6.32 units per acre. The proposed development units will be located within one story structures and each unit will be provided with a one car garage. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. City Commission Documentation Meeting of March 18, 1997 Rezoning from RI:[ and CF to RM-7 for Coral Trace Multiple Family Development (Sned Property) Page 2 The Planning and Zoning Board will formally review this item at its meeting of March 17, 1997. The Board's recommendation and comments will be presented at the March 18th City Commission meeting. By motion, approve on first reading the ordinance of the rezoning from RR (Rural Residential) and CF (Community Facilities) to RM-7 (Medium Density Residential - 7 du/ac) for Coral Trace (Shed Property), based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Sections 2.4.5(D)(5)(b) and (c), and setting a public hearing date of April 1, 1997. Attachments: P & Z Staff Report and Documentation of March 17, 1997 Ordinance by Others PLANNING AND ZONING BOARD CITY OF DEEP, AY BEACH ---STAFF REPORT--- MEETING DATE: March 17, 1997 AGENDA ITEM: ¥.c. ITEM: Rezoning from CF (Community Facilities) and RR (Rural Residential) to RM-7 (Medium Density Residential - 7 du/ac) for Coral Trace (Sned Property), a Multiple Family Development Generally Located North of W. Atlantic Avenue, Between the High Point and Sudan Subdivisions. L~UUJ ~ L~~' LAK£ IDA ROAD Owners .......................................... William H. Sned . Mark Travis, M&P Services Applicant ....................................... Aurora Homes, Inc. Agent ............................................. Ralph DeNuzzio Location ......................................... North of W. Atlantic Avenue, NAL -52 Property Size ................................. 44.938 Acres Future Land Use Map .................... Medium Density Residential 5-12 du/ac Current Zoning .............................. CF (Community Facilities) & RR (Rural Residential) Proposed Zoning ........................... RM-7 (Medium Density Residential - 7 du/ac) Adjacent Zoning ................... North: R-l-AB (Single Family Residential) East: R-l-AA (Single Family Residential) & RR South: RR & RM West: RM (Medium Density Residential) Existing Land Use ......................... Vacant land and a nursery operation Proposed Land Use ....................... Construction of a 284 unit residential development consisting of 112 duplexes and 172 quadraplexes, with a density of 6.32 units per acre. Water Service ................................ Water service is to be provided via installation of an 8" main within the access tract with connections to an existing 18" water along the south side of the Sudan subdivision, a water main within Davis Road and a ~c · 6" main within Bishop and Ambrose Ddves, within the Sudan Sewer Service ............................... Sewer service will be provided via gravity flow to a lift station within w_~_ s T the Sudan subdivision, and force main. v.c. The action before the Board is making a recommendation to the City Commission on a rezoning request from Community Facilities (CF) and Rural Residential (RR) to Medium Density Residential- 7 du/ac (RM-7). The subject property is located west of Davis Road, South of Delray Shores subdivision, approximately 1,456 feet north of Atlantic Avenue and contains approximately 44.938 acres. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. The proposal is to rezone the 44.938 acre parcel from CF (Community Facilities) and RR (Rural Residential) to RM-7 (Medium Density Residential - 7 du/ac). In December of 1986, Palm Beach County School Board acquired the CF zoned portion of the property for a contemplated middle school to replace Carver Middle School. After the acquisition of the property, the school district and the City evaluated the actual development potential of the property. It was determined that the access to the site from the north, through Delray Shores and from the east, Davis Road was unacceptable. In addition, the site was not well located to meet school district desires relative to a middle school. Thus, the school district began searching for an alternative site and eventually constructed Carver Middle School at the northeast corner of Barwick Road and Atlantic Avenue. At its meeting of November 8, 1988, the City Commission approved the annexation of the RR zoned parcel via Ordinance No. 126-88 with an initial zoning of ART (Agricultural Residential Transitional). The subject properties were zoned R-l-AA (Single Family Residential) and ART (Agricultural Residential Transitional) until they were rezoned to CF (Community Facilities) and RR (Rural Residential) with the Citywide rezoning associated with the approval of the Land Development Regulations in 1990. The development proposal is to rezone the subject property from Rural Residential (RR) and Community Facilities (CF) to Medium Density Residential - 7 du/ac (RM-7). The rezoning would accommodate a proposed residential development known as Coral Trace containing 112 duplex units and 172 townhouse units (quadraplexes) for a total of 284 units, and density of 6.32 units per acre. The proposed development will also P & Z Board Staff Report Rezoning from CF and RR to RM-7 for the Shed Property Page 2 incorporate 13.72 acres of open space which includes 2.81 acres of tree preservation areas, two lakes, two tennis courts, community pool, spa, cabana, tot lot, community center, and picnic areas. Access to the site will be provided from Atlantic Avenue by a street which will contain a 60' right-of-way including a landscape median and pedestrian access on one side of the road. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The current Future Land Use designation for the subject property is Medium Density Residential 5-12 du/ac and is currently zoned CF and RR. The rezoning to RM-7 (Medium Density Residential -7 du/ac) is consistent with the Medium Density Residential Future Land Use Map designation. The proposed multiple family development (duplexes and quadraplexes) is allowed as a permitted use in the RM zone district. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: The current zoning can accommodate a school and two residential homes. The change to a multiple family development will result in an increase in water and sewage flows. The projected water and sewer flows under the current zoning is 14,141 gallons per day, whereas the flows for a maximum potential of 314 units (44.938 acres x 7 du= 314 units) is 68,700 gallons per day. Water service is to be provided via installation of an 8" main within the access tract with connections to an existing 18" water main along the south side of the Sudan Subdivision, a 10" water main within Davis Road, and a 6" main within Bishop and Ambrose Drives, within the Sudan Subdivision. Sewer service will be provided via gravity flow to a lift station within the Sudan subdivision and construction of a new lift station which will connect to an existing 8" force main. P & Z Board Staff Report Rezoning from CF and RR to RM-7 for the Shed Property Page 3 The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build-out population based on the current FLUM. At the time of approval of the Comprehensive Plan, a medium density development was anticipated for this property and was factored into the plan. Thus, a positive finding with respect to this level of service standard can be made. Drainage: As the property is currently vacant, there are no problems anticipated with the ability of future development retaining drainage on-site within the proposed two lakes and complying with South Florida Water Management district Standards. Streets and Traffic: The applicant has submitted a traffic study for the proposed rezoning. The current CF zoning designation was to accommodate a school with 1,280 students and 95 teachers. Pursuant to the ITE Manual - Land Use Code 520, the average rate per student is 1.09 Average Daily Trips (ADT) and 3.42 ADT per teacher for a potential of 1,719 ADT. Traffic generated by the proposed 284 unit multiple family development will generate 1,988 ADT. Thus, there will be a slight increase in average daily trips under the proposed zoning. It is noted that pursuant to the traffic study, a median cut is warranted at the intersection of Atlantic Avenue and the proposed main entrance road, along with a right turn lane west bound Atlantic Avenue. This will require elimination of the median cut at Atlantic Avenue and NW 24th Avenue (Breezy Ridge Estates). This item will be further reviewed at the time of site and development plan review. Parks and Open Space: The Delray Beach Comprehensive Plan Parks and Recreation Element indicates that the City meets the adopted level of service for parks and recreation facilities for the ultimate build-out population of the City. As a residential development with a maximum potential of 12 units per acre or 539 units was anticipated for the subject property in the Comprehensive Plan under the Medium Density Residential Future Land Use Map designation, and the maximum units allowed under the proposed RM-7 zoning is 314 units, a reduction in impact on this level of service will be realized. It is noted that a $500.00 park impact fee is required for each dwelling unit that will be collected prior to issuance of a building permit. Solid Waste: Under the current zoning the school would generate 264.5 tons of solid waste per year, where as a potential 314 unit multiple family development would generate 624.86 tons of solid waste per year. The Solid Waste Authority indicates in its annual report that the established level of service standards for solid waste will be met for all developments which have been accounted for in their Comprehensive Plan. As a multiple family P & Z Board Staff RepOrt Rezoning from CF and RR to RM-7 for the Sned Property Page 4 development with a potential of up to 539 units was anticipated for this property in the Comprehensive Plan and only 314 units will be allowed under the proposed RM-7 zoning, a positive impact on this level of service standard will be realized. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following was found: Conservation Element Policy B-2.1: - Submission of a biological survey and a habitat analysis shall accompany land use requests for rezonings. However this requirement shall not apply where it is that there are not such resources. Conservation Element Policy B-2.2: Whenever and wherever significant or sensitive flora and fauna communities are identified pursuant to Policy B-2.1, they shall be preserved as if they were environmentally sensitive areas as identified in Objective B-I. A biological survey has been submitted indicating that there is some protected plant and animal species on the site. A field visit revealed the location of seven gopher tortoise burrows in the northeastern portion of the site. The survey has been transmitted to the Department of Environmental Protection for review, however, a response has not yet been received. Mitigation measures may need to be taken to retain the burrows on site or the tortoises must be relocated in compliance with DEP standards. This item will be further reviewed at the time of site and development plan review Housing Element Policy C-2.4: Development of remaining vacant properties which are zoned for residential purposes shall be developed in a manner which is consistent with adjacent development regardless of zoning designations. These policies shall be implemented through the review process associated with platting and site plan and shall be effective immediately. This policy will be further reviewed at the time of site and development plan review. However, it is noted that the adjacent residential development to the south (the Tate property) is currently vacant and has a land use map designation of Medium Density Residential with a maximum density of 12 units per acre; to the west is High Point with a density of 8.0 units per acre; to the east The Sudan subdivision with a density of approximately 3 units per acre and RR zoning with .33 units per acre; and to the north Delray Shores subdivision with a density of 3 units per acre. The following are the densities of the surrounding residential developments within a 2,000 foot radius of the subject property: P & Z Board Staff Report Rezoning from CF and RR to RM-7 for the Sned Property Page 5 Subdivision Units/Acre Club Delray 8.0 units per acre Delray Shores 3.0 units per acre High Point 8.0 units per acre Homewood Lakes 6.0 units per acre Sherwood Forest 2.0 units per acre The Sudan 3.0 units per acre Development of the property should be reasonably consistent with the character of the surrounding residential developments. The current development potential of the property under the Medium Density Land Use designation could allow a maximum of 12 units per acre or 539 units. Under the proposed zoning of RM-7, the maximum density of 314 units would be allowed, and the request is for the development of 284 units with a density of 6.32 units per acre. Development at this density is generally Iow-rise, owner occupied product, which is compatible with adjacent development. Based on the above, a positive finding to this policy can be made. Land Use Element Ob_iective A-l: Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. As stated under Housing Element Policy C-2.4, the property should be developed in a manner that will be complementary to the adjacent residential developments. The development of this property will fulfill the need for medium density residential development and lower density dwellings. The tortoise burrows may be negatively impacted by the development of the site. However as the property consists of almost 45 acres, and is primarily vacant, mitigation measures including possible relocation can be easily accommodated to avoid negatively impacting the burrows. Section 3.3.2 (Standards for Rezonincj Actions): Standard B and C is not applicable with respect to this rezoning request. The applicable performance standards of Section 3.3.2 are as follows: A) That a rezoning to other than CF within a stable residential area shall be denied. The property is designated as vacant residential on the Neighborhood Categorization Map. However, the properties to the west are noted as stable residential and to the north in need of stabilization. The change in the original zoning from residential (R-1AA) to CF was to accommodate a proposed school. As the school has been built elsewhere, it would be appropriate to change the zoning back to residential. This would also preclude a more intense use that could be allowed to be built under the CF zone district such as a governmental facility. P & Z Board Staff Report Rezoning from CF and RR to RM-7 for the Sned Property Page 6 D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use, The proposed zoning of RM-7 is probably more compatible with the adjacent and nearby land uses which consist of residential neighborhoods than the CF zoning which would have allowed a public school. The rezoning will eliminate the potential impact of school bus and playground noise on the adjacent residential subdivisions. Compatibility of the specific development proposal with the adjacent developments will be appropriately addressed with review of a site and development plan request. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: "B. As per Mr. Sned, Palm Beach County School Board originally was to build on this site but decided to build their Middle School elsewhere and sold the property to him. C. The Future Land Use Plan designates the proposed site as Medium Density (5-12 units/ac) which is compatible more with the area than current zoning. Our plat and master plan will demonstrate 6.32 units/acre which is at the Iow end of the allowable density and better compliments the surrounding uses." Comment: The justification statement addresses Items "b" and "c" as the basis for which the rezoning should be granted. It is appropriate to make a finding that since the school has been built elsewhere, the current CF zoning is no longer appropriate. The RR zoning was given to the property to the south upon its annexation based on the existing use of the property as landscape nurseries. As the underlying land use P & Z Board staff Report Rezoning from CF and RR to RM-7 for the Sned Property Page 7 designation of the property was Medium Density Residential, it was anticipated that the rezoning of the these properties would occur to accommodate a residential development. Compliance with Land Development Regulations: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. Site and Development plans have been concurrently submitted and the following items of concern have been noted: LDR Section 4.3.4 Development Standard Matrix: With the Site and Development Plan, the following Internal Adjustments will need to be granted from LDR Section 4.3.4 Development Standards Matrix in order for the development to be built under the current scenario: · Reduction in the side yard setbacks from 15' to 7.5' for the duplex units; · Reduction in the side street setback from 25' to 15' for the duplex units; and · Reduction in distance between townhouse structures from 25' to 20'. LDR Section 4.6.9 Parking: Pursuant to LDR Section 4.6.9(C)(2)(a) and (b), tandem parking may only be used for single family homes and duplex structures. The development proposal utilizes tandem parking for the villas. Thus, a reduction in parking will need to be granted. It is noted that some guest parking has been provided throughout the site, and each unit has a garage. Reduction in Pavement Widths: Pursuant to LDR 6.1.2(B)(3), the required pavement width for a local street is 24', and the development proposal is to provide a reduced pavement width which provides for 22' of asphalt with 5' sidewalks as well as drainage swales on each side of the road. The City Engineer has indicated that he supports the reduction in pavement width. Reduction in Right-of-Way Width: Pursuant to LDR Section 5.3.1(D)(2), the required right-of-way width for a residential street is 60'. The applicant is requesting a reduction in right-of-way width from 60' to 50' for the street system located in the duplex section of the development (access tracts are to be provided within the townhouse section). A reduction in the required right-of- way width may be granted by the body having approval authority of the associated development application, provided the reduction is supported by the City Engineer [REF: Section 5.3.1(D)(4)]. The City Engineer reviewed the request and has P & Z Board Staff Report Rezoning from CF and RR to RM-7 for the Sned Property Page 8 determined that the proposed right-of-way width of 50' for this residential development is acceptable. OTHER ISSUE: Atlantic Avenue Median Cut: As discussed earlier in this report, a median cut is warranted at the intersection of Atlantic Avenue and the proposed main entrance road. This will require elimination of the median cut at Atlantic Avenue and NW 24th Avenue (entrance to Breezy Ridge Estates). Reconfiguration of the medians and relocation of landscape materials located within those medians will be required. The applicant will also be required to modify the City's permit through The Florida Department of Transportation for these improvements. Special concern is noted for the coordination of the redesign of the irrigation system which is a Toro/Irrinet system. The rezoning is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). Courtesy Notices: Courtesy Notices have been provided to the following homeowner's and civic associations: High Point Condominium Association (all sections) PROD (Progressive Residents of Delray) United Property Owners Rainberry Lakes Homeowner Association Sudan Homeowners Association Woodlake Homeowners Association Delray Shores Homeowners Association Rainberry Bay Hamlet Homeowners Association Greensward Village Hanover Square/Windy Creek Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. P & Z Board staff Report Rezoning from CF and RR to RM-7 for the Sned Property Page 9 The rezoning from CF to RM-7 is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Also, positive findings can be made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that the RM-7 zoning is more appropriate given the school has relocated to another site, and that the RM-7 zoning is more appropriate given the sites location in a residential area. A. Continue with direction. B. Recommend rezoning of Coral Trace from CF and RR to RM-7, based on positive findings with respect to Section 2.4.5(D)(1) (rezoning findings), Section 3.1.1, and the performance standards of Section 3.3.2. C. Recommend denial of a rezoning for Coral Trace, based on a failure to make positive findings with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). Recommend approval of the rezoning request for Coral Trace from CF (Community Facilities) and RR (Rural Residential) to RM-7 (Medium Density Residential - 7 units per acre), based upon positive findings with respect to Section 3.1.1 (Required Findings), Section 3.3.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. Attachments: Location/Zoning Map Survey FILE #: 97-080 I~,R 6 1991 PLANNING & ZONING PROJECT NAME: CORAL TRACE LEGAL DESCRIPTION: A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray, Palm Beach County, Florida, said parcel being a portion of Lots 7, 8, 9, 10, and part of Lot 11 as recorded by Model Land Company's Subdivision of the North Half and part of the South half of Section 18, Township 46 South, Range 43 East, in Plat Book 6, Page 51, of the Public Records of Palm Beach County, Florida, said parcel being more particularly described as follows: Commence at the north quader corner of Section 18, thence with a bearing of South 89° 13' 05" East, along the North line of Section 18,425.12 feet to a pointl thence with a bearing of South 00° 51' 39" West a distance of 40.00 feet to a point on the South right-of-way line of Lake Worth Drainage District Lateral No 32, said point also being the point of beginning, and the Northwest corner of Sudan Unit A, a subdivision as recorded in Plat Book 28, Page 144 of the Public Records of Palm Beach County, Florida), thence with a bearing of SourS-00° 51' 39" West along the West line of Sudan Unit A, a distance of 156.02 feet to a point~ thence with a bearing of South 89° 13' 05" East along the South right-of- way line of Bishop Drive a distance of 116.65 feet to the nodhwest corner of Lot 1, Block 3), thence with a bearing of South 11° 09' 34" West along the West line of Block 3 and Block 4, a distance of 1084.58 feet to a point on the South right- of-way line of Ambrose Drive,~ thence with a bearing of South 89° 15' 22" East along the South right-of-way line of Ambrose Drive, a distance of 64.21 feet to the Northwest corner of Lot 14, Block 1~, thence with a bearing of South 00° 43' 48" West along the West line of Lot 14, Block 1, a distance of 108.93 feet to a point on the South line of Sudan Unit A; 89° 45' 41" Subdiv, ision thencev~F~th West 669.24 feet~ then run South 01 ° 03 02" East 15.0,,.00 fei~ttth~nce run South ~" 89° 45' 41" East 150.00 f e~.~hence South 01° 07' 23' East ~.97 feePj thence o,-,uth 05~ 53' 1t" Eag~,,~2.~fee~ th.ence South 00° 04' 33" West a distance of 200.33 feejPthence North-"l~J° 55' 27 West a distance of 649.64 feet./* thence North 01° 05' 55" West a distance of 100.02 feet~ thence South 89° 55' 28' East 10.00 feet]' thence run North 01° 05' 55" West 100.02 feeL" thence run 89° 55' 28" West 5.01 feet~thence run North 01° 05' 55" West 345.81 feet] thence North 89° 45' 41" West 191.02 feetjthence with a bearing of Nodh 01° 01' 38" West, a distance of 1343.85 feet to a point on the South right-of-way line of Lake Worth Drainage District Lateral No. nce with a bearing of South 89 13' 05" East along the South line of Later~b~. 32 a distance of 1265.16 feet more or less to the point of beginning. Containing 44.94 acres, more or less. SOURCE of Legal Description: Survey (copy attached) VERIFIED BY: DATE: VERIFICATION REQUEST NEEDED BY: MARCH 11, 1997 LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND READING: VERIFIED BY: DATE: VERIFICATION REQUEST NEEDED BY: LEGCORAL A PUBLIC HEARING will ~ ~ i~ ~ ~m~e P~. ~ ~V, ~ t, 1~ (~ ~ ~y ~i~t~ ~ ~i~ ~Kh b ~ by ~ ~), ~ ~ Ci~ C~min~ T~ ~ ~e may ~ ~ et ~ ~Ke ~ ~ ~i~ C~k ~ ~ ~ll, ~ N.W. )~ A~, roy ~h, F~, ~ ~ ~ ~ Fray, exc~ ~l~ys. AJI ~ ORDINANCE OF THE CITY (~ ~l~l~ OF THE OTY OF B~CH, FLORiD~ ~ENDING OR- DI~NCE NO, ~ BY ~ENDING ~1~ ~E TO PROVIDE FOR THE EXTENSION OF THE MORAT~ RWM ON THE ACCEPTANCE OR (~SIDERATION OF APPLI(A- TI~S FOR ~ONDITIONAL USE AP. PROVA~S FOR CERTAIN PERSON- AL WIRELE~ SERVICE TOWERS AND T~ER FACILITIES THR~GH JUNE 15, ~; PROVI~ I~ A ~V(NG C~USE, ~ GENER- AL REPEALER C~USE, ANO AN EFFECTIVE DATE. ~ ~DINANCE OF THE CITY C~ MINION OF THE CITY OF DELRAY B~CH, FLORIDA, REZONING AND P~CING ~ND ~ESENTLY Z~ED CF (C~UNITY FACILI- TIES) DISTRICT AND RR (RURAL RES~OENT~AL~ D~STR~CT IN THE ~7 (MEDIU~ DENSITY RESI* ~NTIAL - 7 DWELLING UNIT~ ~RE) DISTRICT; ~ID ~ND lNG GENERALLY L~ATED NORTH ~ WEST AT~NTIC AVENUE AND ~TH OF ~KE IDA ROAD, BE. ~EN THE NIGH ~INT AND SUDAN SUBDIVISIONS, AS MORE PARTICU~RLY DESCRIBED HEREIN; ~ENDING ~ONING ~P OF ~LRAY BEACH, FLORI* ~ ~; PROViDiNG A GENERAL REPEALER C~USE, A SAVING C~USE, AND AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY CO~ MINION OF THE CITY OF DELRAY FLORIDA, ENACTING A N~ SECTION a~31, ~ECURITY ~R~,OF THE~ND DEVELOP. ~EN1REGULAT~ON~ O~ T~E ~ DELRAY BEACH, TO PROVIDE ~ THE PROHIBITION ON THE USE OF SECURITY BARS ON THE EXTERIOR OF STRUCTURES L~ ~TED WITHIN THE C~ERCIAL, ~FICE, AND MIXE~USE ZONING DISTRICTS; TO PROVIDE FOR THE INSTAL~TION OF 8URGER BARS ~ THE INTERIOR OF A BUILDING WITH APPROPRIATE WlN~W ~REENING; TO PROVIDE FOR THE U~E OF DECORATIVE SECURI. TY BARS IN CONJUNCTION WITH CERTAIN ARCHITECTURAL S~LES; TO PROVIDE FOR A TWO YEAR ~ORTI~TION PERIOD; TO ~OVIDE FOR REVIEW BY THE; SITE P~N REVIEW AND APPEAR- A~E ~ARD FOR SECURITY BARS IN INDUSTRIAL ZONING TRICT$; ~ENDING APPENDIX ~FINITIONS~ OF THE ~ND DE- VELOPMENT REGU~TIONS FOR ~E CITY OF DELRAY BEACH; TO PROVI~ FOR A DEFINITION FOR THE TE~ ~ECURITY BARS / 8UR- GeR BARS,~ PROVIOING A ~V- INGS C~USE, A GENERAL RE. ~ER C~USE, AND AN EFFEC- TIVE ~TE. ~ C~ ~mi~ ~ r~ ~ ~ will ~ a r~d ~ M M ~, T~ C~ M ~ ~i~ F.S. ~1~. ~1~ OF DELRAY BEACH C~ C~k ~: ~rch 21,1~ CITY OF DELRAY BEACH, FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following proposed ordinance at 7:00 P.M. on TUESDAY, APRIL 1, 1997 (or at any continuation of such meeting which is set by the Commission), in the City Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida, at which time the City Commission will consider its adoption. The proposed ordinance may be inspected at the Office of the City Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. All interested parties are invited to attend and be heard with respect to the proposed ordinance. ORDINANCE NO. 13-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 60-96 BY AMENDING SECTION ONE TO PROVIDE FOR THE EXTENSION OF THE MORATORIUM ON THE ACCEPTANCE OR CONSIDERATION OF APPLICATIONS FOR CONDITIONAL USE APPROVALS FOR CERTAIN PERSONAL WIRELESS SERVICE TOWERS AND TOWER FACILITIES THROUGH JUNE 15, 1997; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 15-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT AND RR (RURAL RESIDENTIAL) DISTRICT IN THE RM-7 (MEDIUM DENSITY RESIDENTIAL - 7 DWELLING UNITS/ACRE) DISTRICT; SAID LAND BEING GENERALLY LOCATED NORTH OF WEST ATLANTIC AVENUE AND SOUTH OF LAKE IDA ROAD, BETWEEN THE HIGH POINT AND SUDAN SUBDIVISIONS, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLUASE, AND AN EFFECTIVE DATE. ORDINANCE NO. 16-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING A NEW SECTION 4.6.21, "SECURITY BARS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR THE PROHIBITION ON THE USE OF SECURITY BARS ON THE EXTERIOR STRUCTURES LOCATED WITHIN THE COMMERCIAL, OFFICE, AND MIXED-USE ZONING DISTRICTS; TO PROVIDE FOR THE INSTALLATION OF BURGLAR BARS ON THE THE INTERIOR OF A BUILDING WITH APPROPRIATE WINDOW SCREENING; TO PROVIDE FOR THE USE OF DECORATIVE SECURITY BARS IN CONJUNCTION WITH CERTAIN ARCHITECTURAL STYLES; TO PROVIDE FOR A TWO YEAR AMORTIZATION PERIOD; TO PROVIDE FOR REVIEW BY THE SITE PLAN REVIEW AND APPEARANCE BOARD FOR SECURITY BARS IN INDUSTRTIAL ZONING DISTRICTS; AMENDING APPENDIX A, "DEFINITIONS" OF THE LAND DEVELOPMENT REGULATIONS FOR THE CITY OF DELRAY BEACH; TO PROVIDE FOR A DEFINITION FOR THE TERM "SECURITY BARS/BURGLAR BARS, "; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing, such person will need a record of these proceedings, and for this purpose such person may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Pursuant to F.S. 286.0105. PUBLISH: Delray Beach News CITY OF DELRAY BEACH March 21, 1997 Alison MacGregor Harry City Clerk Instructions to the Newspaper: This is a standard legal advertisement to be published in the legal/classified section of the newspaper. There are no special requirements. Thank you.