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Ord 03-00ORDINANCE NO. 3 - 00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT IN THE RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY) DISTRICT; SAID LAND BEING FOUR PROPERTIES GENERALLY LOCATED AT THE SOUTHWEST CORNER OF PALM TRAIL AND McKEE LANE, 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 Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned R-1-A (Single Family Residential) District; and WHEREAS, at its meeting of January 24, 2000, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted to recommend that the property hereinafter described be rezoned, 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 (Multiple Family Residential-Medium Density) District for the following described property: Lot 18 and the East 8 feet of the abandoned alley lying westerly thereof and adjacent thereto in Block 5, SOPHIA FREY ADDITION, recorded in Plat Book 4, Page 37 of the Public Records of Palm Beach County, Florida (820 Palm Trail); and Lot 6, FIRST ADDITION TO KENMONT, as recorded in Plat Book 22, Page 24 of the Public Records of Palm Beach County, Florida (904 Palm Trail); and Lot 7, FIRST ADDITION TO KENMONT, as recorded in Plat Book 22, Page 24 of the Public Records of Palm Beach County, Florida (906 Palm Trail); and Lot 19, FIRST ADDITION TO KENMONT, as recorded in Plat Book 22, Page 24 of the Public Records of Palm Beach County, Florida (910 McKee Lane). The subject property is generally located at the southwest corner of Palm Trail and McKee Lane, and contains 0.763 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 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 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in re_gu~a~ sess~0~n o~s~cond and reading on this the /~ day of~~ ///~, 2~00. City Clerk First Reading Second Re ading~' ~ final LAKE AVENUE N, N E 14TH ST LAKE AVENUE S. BOND WAY GEORGE ST. VINCENT'$ CHURCH WEDGE- WOOD WATERWAY NORTH CONDO INLET ;OVE COND{ GEORGE THE RM LANDINGS CONDO D M.$.A TRACT CiTY OF OI~LR&Y I~[&CH, FL PLANNfNC & ZONING D£PAETM£NT - REZONING - FROM: R-1-A (Single Family Residential) TO: RM (Multiple Family Residential-Medium Density) -- DIG/7',41. /~a.,EE l, ga.p SYS/'E'M -- MAP R£F. LM41B TO: THRU: FROM: SUBJECT: DAVIDT. HARDEN, CITY MANAGER .~.. _ ~ DIANE DOMINGUEZ, DIRE CT OR OF P L(~'~ND ZONI NG~~j MICHELLE E. HOYLAND, PLANNER /~ ~,~ MEETING OF FEBRUARY 1, 2000 REZONING FROM R-,-A (SINGLE FAMILY RESIDENTIAL) TO RM (MEDIUM DENSITY RESIDENTIAL) FOR FOUR PROPERTIES LOCATED ON THE SOUTHWEST CORNER OF PALM TRAIL AND MCKEE LANE. The subject properties involve four individual lots located in the area of McKee Lane and Palm Trail: Lot 18, Sophia Frey Addition, and Lots 6, 7, and 19, First Addition to Kenmont. All four properties were developed while under the jurisdiction of Palm Beach County. The County zoning designation was RH (H~gh Density Multiple Family Residential) The properties were annexed into the City in 1988 as part of Enclave #24 and were given a zoning classification of R-1-A (Single Family Residential). Recently the owner of one of the properties (904 Palm Trail) approached the City about rezoning to a multi-family designation, based upon the fact that his property was built as a duplex m 1958 and has been continuously operated as such. The property ~s now for sale, and prospective purchasers have raised concerns over its nonconforming status. City and County records indmate that Lots 6 and 18 were clearly legally constructed duplexes at the brae of annexation into the City, and Lot 19 was a single family home. The status of Lot 7 is uncertain All of the structures look like single family homes from the exterior. The City processed 65 enclave annexations over approximately a 1-% year span. Enclave 24 alone included the majority of properties located between N. Federal Highway and the Intracoastal Waterway, from just south of McKee Lane to the Swap Shop. It is likely that visual inspections formed the basis for determining the appropriate zoning designations for the subject properties, as the R-1-A zoning hne jogs around to include these properties. If their status as duplexes had been verified, it would have made more sense to have Palm Trail be the boundary between the R-1-A and RM zoning districts. On October 11, 1999 at the Planning and Zoning Board Workshop Meeting the Board initiated a rezoning for the four subject properties. Public testimony was largely in support of the rezoning. The Planning and Zoning Board formally reviewed the proposed rezoning on January 24, 2000 and the Board recommended approval of the rezoning by a vote of 7/0. By motion, approve the rezoning from R-I-A (Single Family Residential) to RM (Medium Density Residential) Lot 18, Sophia Frey Addition, and Lots 6, 7 and 19, F~rst Addition to Kenmont, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5), and setbng a public heanng date of February, 2000. Attachments' P & Z Staff Report and Documentation of January 24, 2000 ORDINANCE NO. 3-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT IN THE RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY) DISTRICT; SAID LAND BEING FOUR PROPERTIES GENERALLY LOCATED AT THE SOUTHWEST CORNER OF PALM TRAIL AND McKEE LANE, 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 Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned R-1-A (Single Family Residential) District; and WHEREAS, at its meeting of January 24, 2000, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted to recommend that the property hereinafter described be rezoned, 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 (Multiple Family Residential-Medium Density) District for the following described property: Lot 18 and the East 8 feet of the abandoned alley lying westerly thereof and adjacent thereto in Block 5, SOPHIA FREY ADDITION, recorded in Plat Book 4, Page 37 of the Public Records of Palm Beach County, Florida (820 Palm Trail); and Lot 6, FIRST ADDITION TO KENMONT, as recorded in Plat Book 22, Page 24 of the Public Records of Palm Beach County, Florida (904 Palm Trail); and Lot 7, FIRST ADDITION TO KENMONT, as recorded in Plat Book 22, Page 24 of the Public Records of Palm Beach County, Florida (906 Palm Trail); and Lot 19, FIRST ADDITION TO KENMONT, as recorded in Plat Book 22, Page 24 of the Public Records of Palm Beach County, Florida (910 McKee Lane). The subject property is generally located at the southwest corner of Palm Trail and McKee Lane, and contains 0.763 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 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 5. 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 , 2000. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 3-00 LAKE AVENUE N. N.E 14TH ST LAKE AVENUE BOND WAY GEORGE ST. VINCENT'S CHURCH WEDGE- WOOD CF co~Go WA TERWA Y NORTH CONDO '~'~ SA GEORGE THE M LANDINGS CONDO D M.S.A. TRACT OTY O~' D[LRAY BEACH, FL PLANNING & ZONINGDEPARTMENT - REZONING - FROM: R-1-A (Single Family Residential) TO: RM (Multiple Family Residential-Medium Density) PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: January 24, 2000 IV.D. Rezoning from R-1-A (Single Family Residential) to RM (Multiple Family Residential-Medium Density) for Four Properties Located at the Southwest Corner of Palm Trial and Mckee Lane. W~TH R POON LANE' ~ i - = -~ ~ BRIDGE- GENERAL DATA: Owner ............................ Various Agent/Applicant .............. City of Delray Beach Location ......................... Property Size ................. Future Land Use Map .... Current Zoning ............... Proposed Zoning ............ Adjacent Zoning...North: East: South: West: Existing Land Use .......... Proposed Land Use ....... Water Service ................ Sewer Service ................ Four Properties at the southwest comer of Palm Trail and Mckee Lane 0.763 +/- Acre Medium Density (5-12 units/acre) & Transitional R-1-A (Single Family Residential) RM (Multiple Family Residential-Medium Density) RM RM & R-1-A POD (Professional Office District) POD & RM Two duplexes (legal non-conforming uses), one single family home, one single family home possibly converted into a duplex rezoning of the four properties to a more appropriate zoning designation. n/a n/a IV.D. The item before the Board is that of making a recommendation on a City initiated rezoning from R-1-A (Single Family Residential) to RM (Medium Density Residential District) The subject properties are located at the southwest corner of McKee Lane and Palm Trail. A C K~G R The subject properties involve four individual lots located in the area of McKee Lane and Palm Trail: Lot 18, Sophia Frey Addition, and Lots 6, 7, and 19, First Addition to Kenmont. All four properties were developed while under the jurisdiction of Palm Beach County. The County zoning designation was RH (High Density Multiple Family Residential). The properties were annexed into the City in 1988 as part of Enclave #24 and were given a zoning classification of R~I-A (Single Family Residential). Recently the owner of one of the properties (904 Palm Trail) approached the City about rezoning to a multi-family designation, based upon the fact that his property was built as a duplex in 1958 and has been continuously operated as such. The property is now for sale, and prospective purchasers have raised concerns over its nonconforming status. The following information is based primarily on available City records. Lot 18, Sophia Frey Addition (820 Palm Trail) was constructed in 1960 as a two- story duplex. The property tax records list it as a multi-family structure. The lot size is 6,614 sq. ft. A visual inspection of the site indicates two separate dwelling units, with a staircase to the second story unit at the rear of the building. Lot 6, First Addition to Kenmont (904 Palm Trail) was constructed in 1958 as a duplex with two one-bedroom units. Property tax records list it as multi-family. The lot size is 10,316 sq. ft. A visual inspection of the site indicates two separate dwelling units with two front entries, and two electric meters at the rear. Lot 7, First Addition to Kenmont (906 Palm Trail) was constructed in 1977. The lot size is 10,620 sq. ft. It is not clear if it was constructed as a single family home or duplex. It has two entrances, and two driveways, one off of Palm Trail and one off of McKee Lane. Property tax records list it as a single family home. Lot 19, First Addition to Kenmont (910 McKee Lane) was constructed in 1958 as a single family home, and is listed as such in the property records. The lot size is 7,493 sq. ft. City and County records indicate that Lots 6 and 18 were clearly duplexes at the time of annexation into the City, and Lot 19 was a single family home. The status of Lot 7 is uncertain. All of the structures look like single family homes from the exterior. The City processed 65 enclave annexations over approximately a 1-~ year span. Enclave 24 alone included the majority of properties located between N. Federal Highway and the P & Z Staff Report Palm Trail and McKee Lane City Imtiated Rezoning from R-I-A to RM Page 2 Intracoastal Waterway, from just south of McKee Lane to the Swap Shop. It is likely that visual inspections formed the basis for determining the appropriate zoning designations for the subject properties, as the R-I-A zoning line jogs around to include these properties. If their status as duplexes had been verified, it would have made more sense to have Palm Trail be the boundary between the R-I-A and RM zoning districts. On October 11, 1999 at the Planning and Zoning Board Workshop Meeting the Board initiated a rezoning for the four subject properties. The recommendation was to rezone the properties from R-1-A to RM, which would be consistent with the zoning of the majority of the residential property in the area and also makes the properties more conforming. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1(Required Findings For Land Use and Land Development Applications), 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 FLUM (Future Land Use Map) designations for the subject properties are TRN (Transitional) and MD (Medium Density Residential). The property is currently zoned R- 1-A. The proposed RM zoning will be consistent with the TRN and MD FLUM designations. 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 and/or 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 proposed rezoning is corrective, and no new development or redevelopment is proposed with this request. Based upon the above, the rezoning will not impact facilities as they pertain to water and sewer, drainage, traffic, parks or recreation, or solid waste. P & Z Staff Report Palm Trail and McKee Lane City Initiated Rezoning from R-1-A to RM Page 3 Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. Section 3.2.2 (Standards for Rezonin~l Actions): Standards A-C and E are not applicable. The applicable performance standards of Section 3.2.2 are 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 subject property is surrounded by the following zoning and land uses: to the north and west by RM zoning (Single Family and Multiple Family); to the east by RM and R-l- A zoning (single-family and Multiple Family); to the south by POD zoning (Professional Office Building). The rezoning is corrective, and will result in the application of an appropriate zoning classification, which is consistent with the zoning designation of the adjacent properties and associated uses. No new development is proposed with the rezoning or as a result of the rezoning. Based upon the above, positive findings can be made with respect to the applicable performance standards. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (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 makes the current zoning inappropriate; 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 reason for the rezoning is "a". Upon annexation the zoning designation was likely established in error, in that the existing predominant uses in the area were multiple family and two of the four properties were being operated as such. This corrective rezoning will result in the assigning of a more appropriate classification for the existing uses as well as consistency with respect to zoning designation for the entire area, and the underlying TRN and MD FLUM designations. P & Z Staff Report Palm Trail and McKee Lane City Initiated Rezoning from R-1-A to RM Page 4 Compliance with Land Development Regulations: Whenever an item is identified elsewhere in these Land Development Regulations (LDRs), it shall specifically be addressed by the body taking final action on a land development application/request. Such items are found in Section 2.4.5 and in special regulation portions of individual zoning district regulations. The existing R-1-A and the proposed RM zoning districts are both residential districts, however the RM zoning district allows multi-family residential and single family residential where the R-1-A zoning district does not allow multi-family residential. However, the development standards for each zoning district are different with the RM district requiring a larger lot, setbacks, frontage and minimum building area. Additionally, the provisions for the R-1-A zoning district applies for single family detached dwellings under the RM zoning district regulation. These standards are shown in the following table: Table 1: Development Standards Matrix Minimum Lot Lot Lot Minimum SETBACKS Height Lot Size Width Depth Frontage Floor (Feet) (ft.) Zoning (sq. ft.) IIC (ft.) IIC Area Front Side Side Rear* District (ft.) (ft.) (sq. ft.) Street Interior 1&2/3 1&213 1&213 R-I-A 7,500 60/80 100 60/80 1,000 25 15 7.5 10 35 RM 8,000 60 100 60 (1) '25/30 25~30 15/30 25/15 35 I/C = Interior Lot/Corner Lot 1&2/3 = 1&2 Story Structure/3 Story Structure * = Rear setback for Multi-family and Duplex (1) = Minimum Floor Area for Duplexes and Multifamily Dwelling Units' Duplexes 1,000 sq. ft. Efficiency 400 sq. ft. One Bedroom 600 sq. ft. Two Bedroom 900 sq. ft. Three Bedroom 1,250 sq. ft. Four Bedroom 1,500 sq. ff. The duplexes on Lots 6 and 18 are considered lawfully nonconforming, and may continue as such under the present single family zoning indefinitely. Given the sizes of the lots and the minimum requirements of the RM zoning district, the development potential of the properties under the current R-l-^ zoning and the RM zoning is as follows: R-I-A RL or RM 820 Palm Trail (Lot 18) Single Family Single Family 904 Palm Trail (Lot 6) Single Family Duplex 906 Palm Trail (Lot 7) Single Family Duplex 910 McKee Lane (Lot 19) Single Family Single Family P & Z Staff Report Palm Trail and McKee Lane City Initiated Rezoning from R-1-A to RM Page 5 The RM zoning district allows 6-12 units per acre. The development potential of the properties is currently limited by the sizes of the individual lots. The RM district requires a minimum of 8,000 square feet for a duplex. Neither 820 Palm Trail nor 910 McKee Lane meet that minimum. Even if a zoning change is approved, 820 Palm Trail would be nonconforming in terms of minimum lot size. If the properties are rezoned, the greatest potential for intensification is in combining one or more of them for redevelopment. No additional improvements are proposed with this request. REVIEW BY'~ Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Special courtesy notices have been sent to: · Palm Trail Homeowners Association · La Hacienda Homeowners Association · North Palm Trail Homeowners Association · PROD (Progressive Residents of Delray) Letters of objection or support, if any, will be presented at the P & Z Board meeting. ASSESSMENT AND CONCLUSION The rezoning of the subject properties is corrective and will result in consistent zoning identification of the overall area and the associated land uses. The proposed RM zoning designation is consistent with the existing Medium Density Residential and Transitional Future Land Use Map designations. The use on the property has existed at this site for many years and will not be affected by the zoning change. The proposal is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(D)(5) (Rezoning Findings) and no new development or redevelopment is anticipated with this request. 'ALTERNA A. Continue with direction. Recommend approval of the rezoning request from R-1-A (Single Family Residential) to RM (Medium Density Residential) based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Recommend denial of the rezoning request from R-1-A (Single Family Residential) to RM (Medium Density Residential) based upon a failure to make positive findings with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). P & Z Staff Report Palm Trail and McKee Lane City Initiated Rezoning from R-1-A to RM Page 6 Recommend to the City Commission approval of the rezoning of the property from R-l- ^ (Single Family Residential) to RM (Medium Density Residential) based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachments' · Locabon Map/Existing Zomng Map · Photographs \\misrvOOl\departments\planning & zoning\boards\p&z board~T~ckeerez.doc 820 Palm Trail 12-43-46-09-16-005-0180 SOPHIA FREY ADDITION 820 Palm Trail 12-43-46-09-16-005-0180 SOPHIA FREY ADDITION 904 Palm Trail 12-43-46-09-09-000-0060 FIRST ADD TO KENMONT 904 Palm Trail 12-43-46-09-09-000-0060 906 Palm Trail 12-43-46-09-09-000-0070 FIRST ADD TO KENMONT 906 Palm Trail 12-43-46-09-09-000-0070 FIRST ADD TO KENMONT 910 McKee Lane 12-43-46-09-09-000-0190 FIRSTADD TO KENMONT 820 Palm Trail 12-43-46-09-16-005-0180 SOPHIA FREYADDITION 820 Palm Trail 12-43-46-09-16-005-0180 SOPHIA FREYADDITION 904 Palm Trail 12-43-46-09-09-000-0060 FIRST ADD TO KENMONT 904 Palm Trail 12-43-46-09-09-000-0060 906 Palm Trail 12-43-46-09-09-000-0070 FIRSTADD TO KENMONT 906 Palm Trail 12-43-46-09-09-000-0070 FIRST ADD TO KENMONT 910 McKee Lane 12-43-46-09-09-000-0190 FIRSTADD TO KENMONT