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22-97 ORDINANCE NO. 22-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED A (AGRICULTURAL) DISTRICT IN THE RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT WHICH PROVIDES FOR A DENSITY RANGE OF FROM 6 UNITS PER ACRE TO 12 UNITS PER ACRE, WITH THE EXACT DENSITY TO BE ESTABLISHED BY THE CITY COMMISSION AND AFFIXED BY A NUMERICAL SUFFIX TO THE ZONING DESIGNATION; SAID LAND BEING GENERALLY LOCATED ON THE NORTH SIDE OF OLD GERMANTOWN ROAD, EAST OF THE SPANISH WELLS CONDOMINIUM DEVELOPMENT, 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 A (Agricultural) District; and WHEREAS, at its meeting of April 14, 1997, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this matter at a public hearing and voted 5 to 1 to recommend that the rezoning request be approved with a density suffix of 8 units per acre: 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 a revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ection 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- (Medium Density Residential) District for the following described property, the exact density being established by the City Commission and affixed by a numerical suffix upon second and final reading: That part of the West 1/2 of the East 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 25, Township 46 South, Range 42 East lying North of the North right-of-way line of Old Germantown Road, Palm Beach County, Florida. The subject property is located on the north side of Old Germantown Road, east of the Spanish Wells condominium development; containing 1.415 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 , 1997. MAYOR ATTEST: City Clerk First Reading May 20, 1997 Second Reading June..3, 1997' *Motion to approve with a density suffix of 6 du/ac passed 3 to 1 (Mr. Scbm~dt, Mr. Ellingsworth & Mayor Alperin voting for approval, withMr. Randolph dissenting) The applicant subsequently Withdrew the petition; motion to accept the withdrawal passed 3 to I (Messrs. Ellingsworth, Randolph and Schmidt voting yes, with Mayor Alperin dissenting) - 2 - Ord. No. 22-97 os. £AK£SIDE~ / LIN TON BOULEVARD CANAL [~L-36 N ~ -REZONING- PLANNING D[PAR~ENT FROM: A (AGRICULTURAL) TO: RM (MEDIUM DENSI~ RESIDENTIAL) CI~ ~ DELRAY BEACH, FL -- ~GIT~ ~SE ~P S~M -- ~P REF: LM139 EXHIBITS FOR FINE REALTY AND CONSTRUCTION CORP. ("PETITIONER") REZONING TO RM 1. CERTIFIED COPY CURRENT ZONING MAP 2. EXCERPT OF CURRENT ZONING MAP 3. CERTIFIED COPY OF PORTION OF FUTURE LAND USE MAP FROM: COMPREHENSIVE PLAN .... 4. PLANNING STAFF REPORT FOR FINE REALTY & CONST. 5. ZONING APPLICATION FILED BY FINE REALTY & CONST. 6. COUNTY PROPERTY APPRAISERS AERIAL PHOTO RG 42 TWP46 SECTION 25 Flight Date May 16, 1995 7. COUNTY PROPERTY APPRAISERS AERIAL PHOTO RG 43 TVVP 46 SECTION 30 Flight Date May 16, 1995 8. COPY OF PORTIONS OF THE AERIAL PHOTOS REFERRED TO IN EXHIBITS 6&7 9. FIRST 3 PAGES OF STAFF REPORT ABBEY DELRAY 10. COPY OF PART OF TAX COLLECTOR'S MAP SUBMITTED WITH THE FINE CONSTRUCTION APPLICATION SHOWING .78 OF AN ACRE FOR EACH OF THE PARCELS NEXT TO THE SUBJECT PARCEL TO THE EAST. 11. TRAFFIC STATEMENT PREPARED BY GERALD B. CHURCH P.E. 12. CERTIFIED COMMISSION MINUTES 3/24/81-OAKMONT 13. CERTIFIED COMMISSION MINUTES 6/23/81-RABBIT HOLLOWE 14. CERTIFIED COMMISSION MINUTES 11/12/85-VERONA WOODS PAGE 2- EXHIBITS FOR FINE CONSTRUCTION CO., INC REZONING TO RM 15. CERTIFIED COMMISSION MINUTES 9/12/89-ANDOVER SECTION III 16. CERTIFIED COMMISSION MINUTES 10/22/85-ANDOVER - ':; ~ ' :-T SECTION I & II 17. CERTIFIED COMMISSION MINUTES 9/26/77-SPANISH WELLS PHASE I 18. CERTIFIED COMMISSION MINUTES 9/26/77-SPANISH WELLS PHASE II 19. CERTIFIED COMMISSION MINUTES 6/3/91-PALM COVE aka' DELRAY BAY APTS. 20. LISTING OF DEVELOPMENTS ALONG GERMANTOWN ROAD CORRIDOR FROM LINTON BLVD. TO CONGRESS AVE. 21. SITE PLAN . 'PLANNING & Z( NING BOARD CITY OF DELRAY E..i. ACH --- $, AFF REPORT--- MEETING DATE: October 19, 1992 AGENDA ITEM: III.B. ITEM: RezoninR, Abbey Delray South from PRD to RM or CF GENERAL DATA: Owner .................... Palm Beach County Health Facilities Agent .................... David C. Harden City Manager Location ............... ".Southeast corner of Linton Boulevard and H°mew°°d B°ulevard' Property Size ............ 20.37 Acres City Land Use Plan .......Density Residential - Medium Existing Zoning .......... PRD (Planned Residential Development) Proposed Zoning .......... CF (Community Facilities) Adjacent Zoning...North: RM (Multiple Family Residential - Medium Density) and RL (Multiple Family - Low Density) South: RL West: RL and PR/) Existing Land Use ........ Continuing care facility with associated nursing home. Proposed Improvement ..... Addition of four units to the continuing care facility and addition of 30 beds to the nursing home. Water Service ............ Existing on site. Sewer Service ............ Existing on site. III. B. I T E M B E F 0 R E T H E B O A R DJ The action before the Board is that of making a recommendation on a rezoning request from PRD (Planned Residential District) to CF (Community Facilities). The subject property is Tracts U and V of Abbey Delray South, a Continuing Care Facility, Nursing Home, and Residential development with a total area of approximately 30 acres. It is located west of Congress Avenue, on the south side of Linton Boulevard. Pursuant to 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. BACKGROUND: At its meeting of October 8, 1979, the City Commission approved, pursuant to PRD-10 zoning, a conditional use request and site and development plans for Abbey Delray South. The approval allowed a Life Care Retirement Community. The development consists of three components: * a 248 unit continuing care facility on 16.5 acres; * a 60 bed nursing home on 1.5 acres; and * 40 villas with individually platted lots on 12.4 acres. In October 1990, the continuing care and nursing home facilities were rezoned to PRD (Planned Residential Development), and the villas to RL (Residential-Low Density), as part of the Citywide rezoning and adoption of the Land Development Regulations. The owner of record is the Palm Beach County Health Care Facilities Authority, which issued bonds to finance construction of the project. The project is operated by Life Care Services Corporation, a non-profit corporation based in Des Moines, Iowa. Abbey Delray South is considered a Continuing Care Retirement Community, and is regulated by the Florida Department of Insurance. Residents of the facility contribute an endowment of $50,000 to $150,000 upon moving into the facility, plus a monthly service charge. These payments assure them a living unit in the facility and care at the nursing home, if necessary. Project Description: In June of this year, the Planning Department received a sketch plan request from Abbey Delray South to allow the following modifications to the site: P & Z Staff Re~ '° Abbey Delray So~.n Rezoning From PRD To CF page 2 * the addition of four (4) single family villas; * a 12,224 sq. ft. 30 bed addition to the existing Nursing Home; and * a 576 sq. ft..maint~nanceobuilding. As the project was betn~ ~e~iewed for technical compliance, it was discovered that neither nursing homes nor continuing care facilities are allowed as permitted or conditional uses under the current PRD regulations. As a result,- the existing development is a non-conforming use, and cannot be expanded. ZONING ANALYSIS: Rezoning of the property was initiated by the Board at its meeting of September 21, 1992. At that time there was discussion as to whether the proper zoning for the property was RM, CF, or a combination of one or the other and RL. The alternatives which were considered for this proposal are: * Rezoning the portion of the site currently zoned PRD (tracts "U" and "V") to RM; * Rezoning the portion of the site currently zoned PRD (tracts "U" and "V") to CF; and * Amending the PRD regulations to allow continuing care facilities as a conditional use. Possible zoning designations for the site are discussed in the Zoning District Analysis. ZONING DISTRICT ANALYSIS: Rezoninq to RM: The RM zoning designation could be applied to the portion of the development currently zoned PRD. Continuing care facilities and nursing homes are allowed as conditional uses in RM, and would allow for an expansion of the existing nursing home facility. The density of the continuing care facility would be 17.5 units ~er acre. This density is permissible under RM, per the provisions of LDR section 4.3.3(G)(3)(a), which increases the maximum density of the base zoning district by a factor of 1.5 for continuing care facilities. LISTING OF DEVELOPMENTS ALONG GERMANTOWN ROAD CORRIDOR FROM LINTON BL VD. TO CONGRESS AVE. NORTH SIDE OF GERMANTOWN ROAD SPRING HARBOR 288 APTS SPRINGS LANDINGS 200 APTS ABBY DELRAY SOUTH 248 APTS/RETIREMENT HOMES (AT 17.5 UNITS PER ACRE), 90 BEDS 40 VILLAS CROSS WINDS PHASE I 61 HOMES PALM COVE 252 APTS AT 17.7 UNITS PER ACRE SPANISH WELLS 160 CONDOS - TOTAL-NORTH 1249 RESIDENTIAL UNITS SOUTH SIDE OF GERMANTOWN ROAD FOX CHASE 43 OAKMONT 66 RABBIT HOLLOWE 36 VERONA WOODS 42 ANDOVER 154 WHISPERING OAKS 8 GREENBRIAR 12 SABAL PINES 252 UNITS ON 18 AC.=14.2 PER ACRE TOTAL-SOUTH 693 RESIDENTIAL UNITS TOTAL NORTH AND SOUTH-1942 RESIDENTIAL UNITS- NOT COUNTING SABAL LAKES AND OFFICE DEPOT, DEAN WITTER AND ORIOLE HOMES MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~I SUBJECT: AGENDA ITEM #/~ A- REGULAR MEETING OF JUNE 3, 1997 SECOND READING/QUASI-JUDICIAL PUBLIC HEARING FOR ORDINANCE NO. 22-97 (REZONING/FINE CONSTRUCTION CO.) DATE: MAY 29, 1997 This is second reading and a quasi-judicial public hearing for Ordinance No. 22-97 which rezones a 1.415 acre parcel of land from A (Agricultural) to RM (Medium Density Residential) District which provides for a density range of from 6 units per acre to 12 units per acre. The subject property is located on the north side of Old Germantown Road, east of the Spanish Wells condominium development. The rezoning is being requested by Fine Construction Co. in order to construct 17 townhouse units at a density of 12 units per acre. The Planning and Zoning Board considered this matter at a public hearing on April 14, 1997, and voted 5 to 1 (Schwartz dissenting) to recommend that the rezoning be approved with a density suffix of 8 units per acre, based on positive findings with respect to Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), and 2.4.5(D) (5) of the Land Development Regulations and policies of the Comprehensive Plan. At first reading on May 20, 1997, the City Commission passed the ordinance by unanimous vote for the purpose of scheduling the formal hearing. Recommend consideration of Ordinance No. 22-97 on second and final reading, with the exact density to be established by the City Commission and affixed by a numerical suffix to the zoning designation. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mg2XlAGER~ SUBJECT: AGENDA ITEM # REGULAR MEETING OF MAY 20, 1997 FIRST READING FOR ORDINANCE NO. 22-97 (REZONING/FINE CONSTRUCTION CO.) DATE: MAY 15, 1997 This is first reading for Ordinance No. 22-97 which rezones a 1.415 acre parcel of land from A (Agricultural) to RM (Medium Density Residential) District which provides for a density range of from 6 units per acre to 12 units per acre. The subject property is located on the north side of Old Germantown Road, east of the Spanish Wells condominium development. The rezoning is being requested by Fine Construction Co. in order to construct 17 townhouse units at a density of 12 units per acre. The Planning and Zoning Board considered this matter at a public hearing on April 14, 1997, and voted 5 to 1 (Schwartz dissenting) to recommend that the rezoning be approved with a density suffix of 8 units per acre, based on positive findings with respect to Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), and 2.4.5(D) (5) of the Land Development Regulations and policies of the Comprehensive Plan. Recommend consideration of Ordinance No. 22-97 on first reading, with the exact density to be established by the City Commission and affixed by a numerical suffix to the zoning designation. If passed, a quasi-judicial public hearing will be scheduled for June 3, 1997. ref:agmemol4 TO: DAVID T. HARDEN DEPAI~TMENT OF PLANNI ZONING SUBJECT: MEETING OF MAY 20, 1997 REZONING FROM A (AGRICULTURAL) TO RM (MEDIUM DENSITY RESIDENTIAL) FOR PROPERTY LOCATED ON THE NORTH SIDE OF OLD GERMANTOWN ROAD, EAST OF THE SPANISH WELLS CONDOMINIUM. The action requested of the City Commission is that of approval on first reading of an ordinance rezoning a 1.415 acre parcel from A (Agricultural) to RM (Medium Density Residential). The subject property is located on the north side of Old Germantown Road, east of the Spanish Wells Condominium. The subject property consists of approximately 1.415 acres and contains a single family residential home. the rezoning is being requested by Fine Realty and Construction Company in order to construct 17 townhouse units at a density of 12 units per acre. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. At its meeting of April 14, 1997, the Planning and Zoning Board held a public hearing in conjunction with review of the rezoning. Public testimony was taken City Commission Documentation Meeting of May 6, 1997 Rezoning from A to RM (Fine Realty and Construction Company) Page 2 from three residents of Rabbit Hollowe, Verona Woods, and Oakmont subdivisions who expressed concerns with respect to the requested density, traffic congestion, aesthetics, and landscaping. The residents felt a maximum of 6 units/acre was more appropriate and compatible with surrounding development. After discussing the proposal, the Board voted 5-1 to recommend that the rezoning request be approved with a density suffix of 8 units per acre, based upon positive findings with respect to LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), and 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. By motion, approve on first reading the ordinance for the rezoning from ^ (Agricultural) to RM (Multiple Family Residential Medium Density), with a density suffix of 8 units per acre, and setting a public hearing date of June 3, 1997. Attachments: · P & Z Staff Report of April 14, 1997 · Letters of Objection · Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 14, 1997 (Con't from March 17, 1997 meeting) AGENDA ITEM: ~LA. ITEM: Rezoning from A (Agricultural) to RM (Medium Density Residential) for a parcel of land located on the north side of Old Germantown Road, east of the Spanish Wells Condominium. LiN'TON BOULEVARD GENERAL DATA: Owners .......................................... Daniel & Marie Myers Applicant ....................................... Fine Realty and Construction Corp. Location ......................................... North side of Old Germantown Road, east of Spanish Wells Condominium Property Size ................................. 1.415 Acres Future Land Use Map .................... Medium Density (5-12 d.u./ac) Current Zoning .............................. A (Agricultural) Proposed Zoning ........................... RM (Medium Density Residential) Adjacent Zoning ................... North: RM East: A South: A & R-l-AAA (Single Family Residential) West: RM Existing Land Use ......................... Vacant one-story single family residence. Proposed Land Use ..... , ................. Rezoning to RM to accommodate the construction of a 17-unit townhouse development with a community swimming pool, cabana, and associated parking and landscaping. Water Service ................................ Available via a connection to an existing 12" water main along Old Germantown Road. Sewer Service ............................... Available via a connection to an existing 4" force main along Old Germantown Road. The action before the Board is making a recommendation on a rezoning request from A (Agricultural) to RM (Multiple Family Residential- Medium Density). The subject property is located on the north side of Germantown Road, west of Homewood Boulevard and contains approximately 1.416 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. Currently, a single family residential home is located on the subject property. The site was annexed into the City in 1988, and rezoned from A (Agricultural- county) to a city zoning designation of ART (Agricultural Residential Transitional). A zoning designation of A (Agricultural) was attached to the property with the citywide rezonings in 1990. The development proposal is to rezone the subject parcel from A to RM. The rezoning is being requested by Fine Realty and Construction Company in order to construct 17 townhouse units at a density of 12 units per acre. 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 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. P&Z Staff Report~'''' Rezoning from A to RM (Fine Realty and Construction Company) Page 2 The current Future Land Use Map designation for the subject property is Medium Density Residential (5-12 du/ac). The requested rezoning change is from A to RM. The proposed zoning designation of RM is consistent with the Medium Density Residential Future Land Use Map designation. Concurrency; Facilities which are provided by, or through, the City shall be provided to new development concurrent with iss, uance of a Certificate of Occupancy. These facilities shall be provided pursuant to the levels of service established within the Comprehensive Plan. Streets and Traffic: A traffic impact study was submitted with the request. The existing use of the property is one single family home. The Palm Beach County Traffic Performance Standards Ordinance establishes traffic generation rates of 10 ADT (Average Daily Trips) per unit for single family residences. The existing single family home generates 10 ADT. The ultimate development under the proposed RM designation of 17 units will result in 119 ADT (7 trips x 17 attached residential housing units. Thus, there is a net potential increase of 109 ADT with the rezoning. The traffic impact study submitted indicates Germantown Road has a capacity of 14,300, and can accommodate the 119 ADT generated by the proposed townhouse development. Water and Sewer: Preliminary engineering plans were not submitted with the application. Water service,is available to the site via a 12" main located in Germantown Road. The city's Sewer Atlas indicates the nearest sewer main is an 8" sewer system located within the Spanish Wells condominium north and east of the site. Submittal of engineering plans addressing provision of water and sewer services will be further addressed with the site plan process. The rezoning from A to RM will generate an increase in water and sewer demands, however, there is adequate capacity at the existing facilities to handle the water and sewage demands generated from this development. P&Z Staff Report '"' Rezoning from A to RM (Fine Realty and Construction Company) Page 3 Parks and Recreation: 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. Thus, a positive finding can be made to this level of service. In addition, pursuant to LDR Section 5.3.2(C)(1), whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an in-lieu fee of $500.00 per dwelling unit will be collected prior to issuance of building permits for each unit. Solid Waste: The proposed 17 unit townhouse development will generate 8.84 tons of solid waste per year. One single family home generates 1.99 tons of solid waste per year. The proposed townhouse project would result in an increase in solid waste generation, however, capacity exists to handle the increase. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)($) (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. Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: 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 subject parcel is surrounded by residential uses, including single family residences to the east and south (Oakmont Subdivision - 2.35 du/ac; Rabbit Hollowe Subdivision 1.23 du/ac; Verona Woods - 2.10 du/ac; Crosswinds planned residential development - 9.95 du/ac), and the Spanish Wells condominium development to the north and west (8 du/ac). The 17 unit townhouse development is proposed at the maximum allowed density under the RM designation (12 units per acre). The RM zone district provides a residential P&Z Staff Report Rezoning from A to RM (Fine Realty and Construction Company) Page 4 district with flexible densities having a base of six (6) units per acre and a range to twelve (12) units per acre. Pursuant to LDR Section 4.4.6(H) density may exceed the base of six (6) units per acre only upon a determination by the body taking final action on the development plan that the resulting development is harmonious with adjacent properties. Further, the density for a specific RM development may be established by a numerical suffix affixed to the designation and shown on the zoning map. Given the adjacent densities of Spanish Wells condominium development, Rabbit Hollowe, Verona Woods, and Oakmont single family subdivisions, and Crosswinds, staff has some concerns with respect to the compatibility of the proposal with existing residential development. To assure maximum compatibility the Board may want to apply a density suffix to the zoning designation to a density similar to that of Spanish Wells (8 units per acre) which directly abuts this development to the west and north. Section 2.4.$(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 change fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a) That the rezoning 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 submitted a justification statement as a part of the rezoning application. The statement indicates that the applicable reason is "c". The justification statement is summarized below: The Agricultural Zone District (A) serves as a holding zone designation. At this time the property owner desires a zoning compatible with the land P&Z Staff Report Rezoning from A to RM (Fine Realty and Construction Company) Page 5 use of multifamily residential. The change to RM from A would also create a more compatible zoning with adjacent properties. Comment: This justification is correct, as an agricultural use is no longer appropriate for this area. The underlying land use allows for a zoning designation that will accommodate a multiple family residential use, which is typical of the development pattern in the area. The requested zoning is consistent with the Future Land Use Map designation (Medium Density Residential), however, as previously stated compatibility concerns are noted if density were established at the maximum density of 12 units per acre. Application of a density suffix may be appropriate to ensure compatible future development of the site. COMPREHENSIVE PLAN A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following policies are noted. Future Land Use Element Policy A-'I.I {Medium Density Residential) This designation is applied to land which...is to be developed, at a density of five to twelve units per acre. Such land is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Home ownership is characteristic of this designation. Where this designation exists, uses other than those which are residential in character shall not be considered. The proposed housing type, townhouse units, is consistent in terms of surrounding residential properties, which consist of single family residences, apartments and condominiums: Spanish Wells Condominium: 8 du/ac. Oakmont Subdivision: 2.35 du/ac. Rabbit Hollowe Subdivision: 1.23 du/ac. Verona Woods Subdivision: 2.35 du/ac. Crosswinds Planned Residential Development (overall): 9.95 du/ac. Crosswinds Subdivision: 4.14 du/ac. Palm Cove Apartments: 17.7 du/ac. Crosswinds Condominiums: 8 du/ac. P&Z Staff Report Rezoning from A to RM (Fine Realty and Construction Company) Page 6 The proposed density of 12 units per acre is higher than the predominant housing densities in the area. Housing Objective C-2 Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile. The existing use of the property, is surrounded by the Spanish Wells condominium development to the north and west, and single family residences, apartments, and condominium development to the east and south. The proposed project calls for townhouse units and will achieve the above listed objective by providing a variety of housing types in the immediate area. Open Space and Recreation Policy A-3.3 Tot lots and recreational areas shall be a feature of all new housing developments which utilize any of the City's PRD zone districts or which have homeowner associations which must care for retention areas, private streets, or common areas. The proposal calls for townhouse units with a common swimming pool and cabana area. Common areas, including recreation facilities and a tot lot are to be provided and will be reviewed with submission of the associated site plan. Compliance with Land Development Regulations: The proposed use is to be in compliance with the 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. The application has submitted a preliminary sketch plan. While the submitted sketch plan is not being formally considered at this time, the following comments are provided. LDR Section 4.3.3(0) Townhouse and Townhouse Type of Development: Sufficient information was not provided on the sketch plan to fully address all of the standards outlined in this section. The setback and design requirements for this townhouse development will be addressed at the time of site plan review. Also, per LDR Section 4.3.3(O)(2), each townhouse, or townhouse type, development shall be platted with a minimum designation of the interior street P&Z Staff Report Rezoning from A to RM (Fine Realty and Construction Company) Page 7 system as a tract. When the dwelling units are to be sold, each such unit must be shown on the plat. LDR Section 4.4.6(H)(1) Special Regulations (Density): A minimum density of six units per acre is established for a duplex and multiple family housing projects within this District. Density may exceed the base of six units per acre only upon a determination by the body taking final action on the development application that the resulting development is harmonious with adjacent properties and does not adversely affect areas of environmental significance or sensitivity. However, the density shall not exceed that of twelve units per acre. The development proposal consists of 17 townhouse units on 1.415 acres, for a density of 12 du/ac. Staff recommends that, in order to encourage compatibility with the existing single family residences to the east and south, and Spanish Wells condominium development to the north and west (8 du/ac), that a suffix similar to these adjacent residential uses be applied to this property. LDR Section 4.6.9 Parking: Two (2) parking spaces per unit are required for multiple fami!y structures with two or mo.re bedrooms, along with .5 guest spaces per unit for the first 20 units. The sketch plan indicates parking areas in front of the townhouse structures. This item will need to be further reviewed with the site and development plan process. LDR Section 4.6.'16 Landscaping: No landscape plan has been submitted at this time. The submission of a landscape plan meeting all requirements of Section 4.6.16 will be required with the site and development plan submission. 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), Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. P&Z Staff Report Rezoning from A to RM (Fine Realty and Construction Company) Page 8 Special courtesy notices have been sent to: El Oakmont Homeowners Association El Crosswinds Homeowners Association El Foxe Chase Homeowners Association El Andover Homeowners Association El Rabbit Hollowe Homeowners Association El Spanish Wells Condo Association El Progressive Residents of Delray El United Property Owners El Presidents Council Letters of objection, if any, will be presented at the P & Z Board meeting. The proposed rezoning of the subject property to RM is consistent with the property's Future Land Use Map designation of Medium Density Residential (5- 12 du/ac). The proposed development plans call for the maximum allowed density under the RM district. To ensure compatibility with adjacent residential uses it is recommended that a density suffix similar to adjacent densities be applied to this property. If the rezoning is approved, a site plan, landscape plan, and engineering plans consistent with the requirements of the Land Development Regulations will be submitted for review by staff, and consideration by the Site Plan Review and Appearance Board. With the application of a density suffix the required positive findings with respect to Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1, the performance standards of Section 3.3.2, and policies of the Comprehensive Plan can be made. Based on the above, the proposed rezoning of the subject property to RM with a density in the range of 8-10 du/ac is recommended for approval. .A. Continue with direction. B. Recommend rezoning of the property from A to RM with an appropriate density suffix based on positive findings with respect to Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1, Section 3.3.2 (Standards for Rezoning Actions), and Comprehensive Plan policies. P&Z Staff Report Rezoning from A to RM (Fine Realty and Construction Company) Page 9 C. Recommend denial of a rezoning, based on a failure to make positive findings with respect to Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1, Section 3.3.2 (Standards for Rezoning Actions), and Comprehensive Plan policies. The Board should discuss the proposed density in terms of the adjacent properties and recommend approval of the rezoning request from A (Agricultural) to RM (Multiple Family Residential - Medium Density), with a density suffix in the range of 8-10 units per acre, based upon positive findings with respect to 3.1.1 (Required Findings), Section 3.3.2 (Standards for Rezoning Actions) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5). Attachments: * Survey I' IrlT OSR ~ w GREENS ~ } LIN TON BOULEVARD N ~ -REZONING- PLANNING DEPARmENT FROM: A (AGRICULTURAL) TO: RM (MEDIUM DENSI~ RESIDENTIAL) CITY OF DELRAY BEACH, FL -- OlGl~ ~SE ~P S~S¢E~ -- MAP REF: LM139 Oakmont HomeOwners' Association P. iO. Box 6145 Delray Beach, FL 33484 Bonorable 14~yor And Co,mJ. ss~.oner$ lO0 N.W, ~lt Avuue ~Agay ~a~, ~ 33444 ~: r~ne ~al~y a Const~ct~on, ~nc. ~pl~Mt~on ~or ~zonXng, Old ~~t~ ~e ~nt H~OEO' Association consists o~ 66 single res~n~o wh~ a~ lo~od off ~e wear end of ~~t~ ~d. Ploase aCc~t th~s written letter ~m the ~ard of D~C~oEI the O~nt H~or'o Aoooc~at~on con~rnXng ~o ~Eoning of ~e patcel of land vh~ch ~s l~ated ~roctly actose Road fr~ ~t HOll~e a ne~g~r~ng ~n~ty. ~$ ~e~te~ ~8 wz~n ~n 8u~t of ~e ~s~on ~kon ~ the neXg~ring e~n~eo of ~ve~, ~it Hoil~e, nd Verona w~d8. X~ ~o our ~s~re ~o ~nfo~ the hyor ~d C~ss~onoro, ~g a~zova~ ~o grant~, to ~ond ~z~ "A" (~r~tuta~) (~~ Deno~ty ~e~nt~al) ~at the ~nt C~~ty ug~a the o~oc~ off~e~aX0 to ~ so u~ ~o o~reoo X~tat~on og of th~o ~~ o~ ~and ~s greatly ltospec~:£Ully, £~ RECEIYED ~e ~n~ H~ero' ~8ocil~on ~ CI~ CLERK I RECEIVED ,:i~.v'.::'. ,, CITY CLERK City Hall, Delray Beach, Fl. In Re: Rezoning Ordinance No. 22-97-O1d Germantown Road Objection to this rezonlng can be stated in two words: TRAFFIC CONGESTION Driver~ coming east on Linton Blvd. To enter 1-95 en route to Boca or Ft. Lauderdale have di~overed a ~hort cut can be obtained by entering Old Germantown Rd. ,Taking it to fl.W. 22nd. Ave and then to Congre~ Ave. To connect with 1-95 at the Congre~ Ave. In--on. This has created an undue amount of traffic on Old Germantown Rd. That is hazardous to driver~ entering Old Germantown Road from the · everal developmen~ of Andover, Verona Woods, Rabbit Hollow, Oakmont, Foxe Chase and Spanish Wells. Traffic westbound on Old Germantown Rd. Has increased due to the proliferation of busine~ employees from the offices of Home Depot and Sunbeam and others at the eastern end of Old Oerma.town Road. Parcels that are now zoned Agriculture should not be changed to categories of more housing density. The impact from 273 residences being built in the Bloods Grove area will also increase congestion as these come on llne. It is requested that the Petition for rezonlng Ordnance No.22-97 be denied and that no future rezoning for increased density be permitted in this area which is now saturated. George K. Rotc~ord,2129 S.NV. 35th. Ave., Delray Beach, FI.33~.~. 5-6664 ............... " 2365 Hampton 8ridge Road Delray Beach, FL 33445 April 24, 1997 Honorable Mayor and Commissioners City of Delray Beach 1 O0 NWI st Avenue Delray Beach, FL 33444 Re: Fine Realty & Construc- tion, Inc. - Application for Re- zoning, Old Germantown Road Gentlemen: The Andover Association is a 153-member homeowners association. Andover is a single home community located on Germantown Road at the E-4 Canal. The Board of Directors of the Andover Association support the position of the Rabbit Hollowe Homeowners Association concerning the rezoning of the parcel which is located directly across Germantown Road from Rabbit Hollowe. For the same reasons as stated in the April 18, 1997 letter from the Rabbit Hollowe Homeowners Association to you, the Andover Association urges the Mayor and Commissioner, if they approve the rezoning from "A" to "RM", to do so with the express limitation of a maximum density of 6 du/acre. Respectfully submitted, The Andover Association Delbert E. Kohl, President ~ c/o Haag M~agement Inc. * 2801 M. Milit~ Trail · B~a Raton, ~ 3~31 * (40~ 241-0285 C¸ C 2140 Rabbit Hollowe Cir. Delray Beach, FL 33445 April 18, 1997 Honorable Mayor and Commissioners City of Delray Beach 100 NW 1st Ave. Delray Beach, FL 33444 Re: Fine Realty and Con- struction, Inc.-Appli- cation for Rezoning, Old Germantown Road Gentlemen: The Rabbit Hollowe Homeowners' Association (the Association) is a 35-member association whose property is directly across Old Germantown Road from the parcel which the above applicant seeks to rezone. The requested change is from A (Agricultural) to RM (Medium Density Residential). The subject parcel measures 1.415 acres; the proposal is to build it out at the maximum RM density of 12 du/acre, for a total of 17 units. On April 14, 1997, the Planning and Zoning Board approved the rezoning to RM,with a density suffix of 8 du/acre. The Association does not oppose the Planning and Z°~ing Board's recommendation for rezoning to RM. It does, however, emphatically oppose any density limit in excess of 6 du/acre. The reasons for the Association's position are as follows: incompatibility with surroundinq development. Across Old Germantown Rd. to the south of the subject parcel, all of the development is at a density of 2.35 du/acre or less. On the north side of the road, contiguous to the subject parcel are Spanish Wells, to the west and north, at a density of 8 du/acre, and the Crosswinds Planned Residential Development. The Crosswinds PRD consists of Crosswinds subdivision, at a density of 4.14 du/acre; Crosswinds Condominiums, at a iensity of 8 du/acre; and Palm Cove Apartments, at a density of 17.7 du/acre. The overall density is 9.95 du/acre. Unlike the subject property, both Spanish Wells and the Crosswinds PRD have direct access to Linton Boulevard, and their higher densities are no doubt directly related to their proximity and dependence on this major thoroughfare. P & Z's recommended density of 8 du/acre for the subject property would introduce a significant incompatibility with, and departure from, the densities allowed for the surrounding developments whose only access is Old Germantown Road. To aggravate the situation, adjacent to the subject property are two parcels which together are about the same size as the subject property, and, like it, have entrance and egress only by way of Old Germantown Road. If the recommended 8 du/acre were to be approved for the subject parcel, it will be virtually impossible to deny similar approval to the adjacent parcels, resulting in even further disruption to the compatibility of the neighborhood. A~qravation of traffic problems. Old Germantown Rd. is now virtually fully developed. To the west, from the Blood Groves property to Military Trail and beyond, heavy development is either completed, underway or planned. As a result, we residents of Rabbit Hollowe have witnessed a very substantial increase in the density of vehicular traffic along Old Germantown Rd. Old Germantown Rd. is fast becoming an alternate route to Congress Ave. and 1-95 for residents of developments to the west of Blood's Groves. It is also heavily travelled by vehicles goinG to and from Office Depot and the other com- mercial buildings nearby. And, with the opening of Orchard View Elementary School, there has been not only an increase in vehicular traffic, but also an increase in pedestrian traffic, over and above the numerous walkers and joggers who use this road. It should also be noted that access to the subject property will be directly across Old Germantown Road ~rom the County School District bus stop located at the entrance to Rabbit Hollowe. P & Z's recommended density will significantly aggravate this ~raffic situation. The Association is concerned that the " resulting increase in traffic will only enhance the ~nconvenience and danger to its members and others, includinG school children, for whom Old Germantown Rd. provides the ~'~nly access to their homes. 2~thetics and Landscaping. As the P & Z Staff Report indicates, the preliminary sketch plan does not allow for final determination whether the proposal will meet other city requirements. The Association is concerned that this small parcel, at the recommended density, may have the character of a concrete slab made up primarily of parking spaces, road and buildings, presenting an unattractive aspect to neighbors and passersby. Such a layout would indeed be incompatible with its surroundings. The P & Z Recommendation. P & Z recommended a density suf- fix of 8 du/acre. They arrived at this conclusion by averaging the Crosswinds PRD density of 9.95 du/acre (the highest density on the north side of Old Germantown Road) with the 6 du/acre density advocated by the opposing Home- owners' Associations. P & Z's conclusion is arbitrary and unreasonable. It rests on two fallacies. First, in arriving at their "average", the Board arbitrarily selected for consideration only the single most densely developed project on the north side of Old C~rmantow~ Road, completely ignoring the low density development on the south side of the road, which are no less a part of the neighborhood and worthy of consider- ation in the Board's calculation. Second, in focussing exclusively on the Crosswinds PRD, the Board failed to recognize that it and also Spanish Wells differ from the subject property in that they abut on, have access to, and are primarily oriented to Linton Boulevard, not Old Germantown Road. Because of these differing characteristics, the subject property is more closely akin to the development on the south side of Germantown Road than to either Spanish Wells or the Crosswinds PRD. The Association is, moreover, concerned that if the subject property is permitted a density of 8 du/acre, this will sure- ly be relied on by future applicants seeking to open the door to high density development in the remaining parcels along @ld Germantown Road now zoned "A" (Agricultural). For these reasons, the Association urges the Mayor and "on%mission, if they approve the rezoning from "A" to RM, '~o do so with the express limitation of a maximum density of t$ du/acre. Respectful ly submitted, Rabbit }{ollowe Homeowners' Assn. Bruce Steinhardt, President. 2,140 Rabbit Hollow~Cir. Delray Beach, FL 33445 April 14, 1997 Chairperson Planning and Zoning Board City of Delray Beach 100 NW let Ave. Delray Beach, FL 33444 Re: Fine Realty and Con- struction, Inc.-Appli- cation for Rezoning, Old Germantown Road Gentlemen: The Rabbit Hollows Homeowners' Association (the Association) is a 35-member association whose property is directly across Old Germantown Road from the parcel which the above applicant seeks to rezone. The requested change is from A (Agricultural) to RM (Medium Density Residential). The subject parcel measures 1.415 acres; the proposal is to build it out at the maximum RM density of 12 du/acre, for a total of 17 units. The Association opposes the application for the following reasons: Incompatibility with surroundinq development. Across Old Germantown Rd. to the south of the subject parcel, all of the development is at a density of 2.35 du/acre or less. On the north side of the road, contiguous to the subject parcel are Spanish Wells, to the west and north, at a density of 8 du/acre. The proposed density of 12 du/acre for the subject property would thus introduce a jarring incompatibility with the surrounding development. To aggravate the situation, adjacent to the subject property on the east are two parcels which together are about the same size as the subject property. If the proposed zoning change and heavy density is approved in the instant case, it will be virtually impossible to deny similar approval for the adjacent parcels. The Association urges the Board not to open the door to this potential further disruption to the compatibility of the neighborhood. traffic problems. Old Germantown Rd. is now a~ravat ion of virtually fully developed. To the west, from the Blood Groves property to Military Trail and beyond, heavy development is either completed, underway or planned As a result, we residents of Rabbit Hollows have witnessed very substanti~-F~ density of vehicular' traffic along O1~ increases in the Germantown Rd. Old Germantown Rd. is fast becoming an alternate route to Congress Ave. and 1-95 for residents of developments to the west of Blood's Groves. It is also heavily travelled by vehicles going to and from Office Depot and the other com- mercial buildings nearby. And, with the opening of Orchard View Elementary School, there has been not only an increase in vehicular traffic, but also an increase in pedestrian traffic, over and above the numerous walkers and joggers that use this road. This situation will be further exacerbated with the proposed roadway (per the preliminary plan) being located directly across from a Palm Beach County School bus stop. Based on the Board's Staff estimate of 119 average daily trips for the proposed 17 new units,the Association is concerned that this unwarranted increase in traffic will only enhance the inconvenience and danger to its members and others, including elementary school children, who need to use Old Germantown Rd. as the only access to their homes. Esthetics and Landscaping. As the Staff Report indicates, the preliminary Sketch plan does not alloTM for final determination whether the proposal will meet other city requirements. As the proposal now stands, the Asso~ciation is concerned that this small parcel will be nothing more than a large slab of concrete with barrack-like buildings, including one parallel to Old Germantown Road, presenting an unattractive view to neighbors and passersby. Such a layout, together with the high proposed density, would certainly not be in keeping with the surroundings. For the reasons stated above, the Rabbit Hollowe Homeowners' Association opposes the subject application, and requests the Board to approve a change to RM with a density suffix of 6 du/acre. Respectfully submitted, Rabbit Hollowe Homeowners' Assn. Bruce C. Steinhardt, President. 2140 Rabbit Hollow~ Cir. D~lrey B~ach, FL 33445 April 18, 1997 Honorable Nayor and City of Delray B~ech 100 ~ let ~lray ~a~, FL 33444 Re: Fln~ Ro~lty ~d Con- ot~ctton, Inc.-Appli- cation ~or hsontng, Old ~~~ Road T~ ~bbi~ Hollo~ H~ers' kss~iation (the Association) ls I 15-~r ~ssociation ~hose pro~rty is directly across Old ~~o~ Road fr~ th2 parcel which the a~v~ applic~nt s**ks to rezon.. The ra~st~d chug. is from A (lgri~ltur~l) ~o ~ (~.tl~ Density Residential). The s~3.ct ~rc~l ~asurss 1.415 acras: t~e proposal ts to build It out tt t~ ~iu ~ density of 12 du/acr~, fo~ a ~ April 14, 1997, the Planning ~d Zoning ~ard approved the resontng ~o ~,wtth a density suffix of 8 du/acre. · ~ ~soci~tion d~s not op~ss ~h~ Pl~lnG and Zontn~ Bo~gd'~ r~co~ndatlon for r~zonlng to ~. It do~s, however, emph~tic~lly op~s~ ~y density lisit In excess of. 6 du/acr~. T~ m~s for the Ass~iation's ~sltion are as follo~: [~cStibilitv ~l~h surrc~din~ deve!o~nt. Across Old ~~t~ Rd. to ~he south of ~he s~lect parcel, all of the dsvelo~t Is at a d~sity of 2.35 du/acre or less. On ~orth side of the road, contiguous to th~ subject parcel are a~/acre. ~d the Cross~in~ Planed Residential Devslo~en~. {~.itY of 4.14 du/acrs; Crossw/nds Condomtnl~, at ~ll~y of 8 du/ac~.; ~d Pal~ Cove AperientS, a~ a c~ 17.7 dh/acr~. Th~ overall density is 9.95~du/acr.. Cross~ln~ t~ have direr access to Linton Boulevard, ~d ~nstr hight d~nsitits ars no doubt directly related to their prozlsitF ~d d.~nd.nc~ on this ma~or P · ~S rsc~~ d~nstty of 6 du/acre for t~ ~ub~ct property would introduce a significant incompatibility with, and departure fro~0 the densities allowed for the surrounding developments whose only access is Old Germantown Road. To aggravate the situation, adjacent to the subject property are t~o parcels which together are about the same size as the subject prol~rty, and, like it,~ have entrance and egress only by way of Old C~r~anto~n Road. If the reco~ended 8 du/acre ~ere to ~ approved for t~ s~Jec~ parcel, it will ~ virtually il~sstble to deny sl=ilar approval to the adjacent parcels, resulting in even further disruption to the cos~tiblllty of the neigh~rh~d. ~ ol trafft~ p=obl~. Old ~r~antown Rd. is no~ virtually fully develo~d. To the ~est, fro~ the Bled Groves pro~rty to Nllit~ry ~rail ~d ~yond, heavy develo~ent sitar cospleted, und~ay or pla~d. As a result, ~e residents of ~abblt Ho11~ have ~ttnessed a very substantial increase in the density of vehicular traffic along Old 0Id 6e~tO~ Rd. Is fast ~coming an alternate route to Congress ~ve. and 1-95 for r~sidents of develop~nts to the ~sst of Bl~'s Groves. It ts also heavily ~ravelled by ~s~lcles going to ~d fro~ Office Depot and the other co~- ~rci~l ~ildings near~. ~d, ~ith the o~ning of Orchard 'lt~ El~ntary Sch~l, there has ~en not only an increase ~n vehicular trlfftc, but also an increase in ~deStrian crlffic, over ~nd a~ve the n~rous walkers and Joggers ~ us~ this road. It should also ~ noted that access to the subltct pro~rty ~ill ~ directly across 01d ~rm~to~ Road fro~ t~ Co~ty School District bus stop located at the entr~ to llbbit Hollo~. P i Z's rec~nd~ density ~ill significantly aggravate this traffic sl~uati~. ~e ~sociation Is concern~ that r~sulting increase in traffic ~111 only enhance the tnconv~tence ~d d~g~r to its me--rs and others, including sch~l childr~, for whom Old ~rm~to~ Rd. p:ovldes the only ~cces~ to t~ir ~~ ~andscavin~. As the P ~ Z Staff Re~rt lndicat~s, t~ pr~limina~ sketch plan does not all~ for ~lnal de~emin~tion e~ther t~e proposal ~ill meet other city re~lr~nta. The ~socia~ion is concerned ~hat this · ~11 parcel, at the rec~nded density, may have the character of a concre~ sl~b made up primarily of parking spaces, road ~d buildings, presenting an unattractive as~ct to neighbors and passersby. Such a layout would indeed b~ incospatible with its surroundings. Tho [ i I Re¢oml~ndation. P & Z recommended a density suf- fix Of 8 du/acre. They arrived at this conclusion by averaging the Crossvinds PRD density of 9.95 du/acre (the higl~st density on the north side of Old Gersantown Road) with the 6 du/acre density advocated by the opposing Home- o~m~rs' AsSociations. P · ~'l ~lusion is arbitrary ~nd ~nreaaon~ble. 'averlge". thl Board arbitrarily selected for consideration only t~ single ~s~ densely develo~d project on the north side of Old ~r~to~ Road. completely ignoring the low d~n~lty dlvllo~nt on t~ south side of ~he road. which are no leis a ~rt of the neigh~rhood ~d worthy of consider- ation tn t~ ~ard's calculation. Second. in fox, ling exclusively on the Crosswinds P~. the ~ard fmll~ to rec~lze that It ~d also Sp~tah ~ells airier fr~ t~ subject pro~rty tn that they abut on, have ~cc~s. ~o, and are primarily oriented to Linton Boulevard, · ~ot Old Ger~to~ Road. Because of these differing caar&ctS~ls~lcs, the subject pro~rty Is more closely akin ~o ~ae dev~o~n~ on the south side of ~rman~o~ Road ~han ~o either 8~lsh ~lls or t~ Cross~tnds PRD. ' ~ ~sxiati~ is, moreover, concerned that if the subject pro~rty Is ~ttted a density of 8 du/acre, this will sure- ly ~ relied on ~ future applic~ts seeking to open the d~r to high density dsvelo~nt in the r~ainlng parcels along Old ~rsanto~ Road no~ zoned 'A' (tgricultural). For t~se ~aso~, the Association urges the Hayo~ ~d C~ls~ion, If they approve the rezoning from 'A" to ~, to do so with the express lisitation of a maxi~ density of 6 du/acre. Respectful 1¥ s~biitted, Rabbit Hollove Homeo~mers' Assn. Bruce Stsinhardt, President. DELRAY BEACH May 14, 1997 ]993 Bruce Steinhardt, President Rabbit Hollowe Homeowners Association 2140 Rabbit Hollowe Circle Delray Beach, FL 33445 Re: Fine Construction Rezoninq Application/Ordinance No. 22-97 Dear Mr. Steinhardt: This is to advise you that the above referenced rezoning petition has been scheduled for the City Commission's regular meeting of May 20, 1997, at which time Ordinance No. 22-97 will be considered on first reading. The meeting will begin at 6:00 p.m. and will be held in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach. If you have any questions or need additional information, please do not hesitate to contact me at 243-7050. Sincerely, Alison MacGregor Harty City Clerk AMH/m cc: Edward Aptaker, Secretary Rabbit Hollowe Homeowners Association THE EFFORT ALWAYS MATTEF;S 2340 Rabbit Hollowe Circle Delray Beach, FL 33445 May 7, 1997 Ms. Alison MacGregor Harty City Clerk City of Delray Beach 100 NW 1st St. Delray Beach, FL 33444 Re: Ordnance No. 22-97 (Rezoning- Application of Fine Realty and Construction, Inc.) Dear Ms. Harty: The above matter was Item 12.A on the agenda of the City of Delray Beach City Commission meeting of May 6, 1997, and was removed from the agenda by request of the applicant. The Rabbit Hollowe Home Owners' Association has an interest in the above application and respectfully requests that it be given due notice, in the event that the application is again to be taken under consideratio by the City Commission, of the time and place of such consideration. Such notice should be sent to: Bruce Steinhardt, President Rabbit Hollowe Home Owners' Association 2140 Rabbit Hollowe Circle Delray Beach, FL 33445 Thank you. Sincerely yours, Rabbit Hollowe Home Owners' Association E~ard Apta~er, S'~cretary CITY CLERK , DEI. RAY BEACH May 7, 1997 19c~3 Mr. Edward Aptaker 2840 Rabbit Hollowe Circle Delray Beach, FL 33445 Re: Fine Construction Rezoninq Request Dear Mr. Aptaker: Enclosed is a copy of the letter received from Fine Construction Co. on May 5, 1997, asking that the rezoning request for the property on Old Germantown Road be removed from the City Commission's May 6th agenda. As you can see, the applicant did not request an alternate date. The next regular meeting of the City Commission is scheduled for May 20, 1997. I suggest that you contact Claire Lyte-Graham in the Planning and Zoning Department a few days prior to this date to find out if the applicant has asked to be agendaed for the meeting. Ms. Lyte-Graham can be reached at 561/243-7040. In any event, I will keep your request to be notified on file in my office and will contact you when the application is scheduled to be considered by the City Commission. If you have any questions or need additional information, please do not hesitate to contact me at 243-7050. Sincerely, Alison MacGrego~ Harty City Clerk AMH/m Enclosure cc: Ordinance No. 22-97 file CONSTRUCTION CO. ~H~rjs~on of Fine R~lt~ and Con~truotion Coq), To: Dl,~ne Dominguez C~.t:y of Delray Beach ]~l,~nnin~ & gontng ~: Cl. ~fford Fine V!~ic e Zablk Re: Rezontng Reques~ for 3441 Old German=o~ t{d This will serve to notify you chat we (F£ue Construction) would like t.o b~ removed from ~he agenda for the Council. aee~i.ng ~.;cheduled for ~y 6, 1997 at 6:00 p.m.. We noti[i~d ~L[s morning of the meeting and this does not counsel i11 this matter. Please c:r].], if yo~ ha%,e an:~ questions,- ~a~lk you. ~ , , :,~,~-, (~... ,. ~., ,', ~ . ~ .. , . ,j .~, j~ ~5 N.E, 3~ Street · Delmy Beach, Florida 88~3-5501 Corner oj' Sou~h F~.~eral Highway & N.~. 3~ St., ~wniown Del~y ~ch~ ' (561) 637-92~ ' F~ (561) 63%36~8 MEMORANDUM TO: Mayor and City Commissioners FROM: Alison MacGregor Harty, City Clerk~TI~ SUBJECT: Request for Removal from Aqenda DATE: May 5, 1997 The attached letter from Fine Construction Co. pertains to Item 12.A. (First Reading for Ordinance No. 22-97) on the agenda for the May 6th regular meeting. It is provided for your information prior to the meeting. AlVIH/m At t achment ==::~ ~ ~!~l/18g~l BO: 40 4B7750~006, FINE CONSTRUCTION RECEIVED CLERK CONSTRUCTION To: Dt ,.'me Dominguez C1 Lf'ford Fine ~l"lc e Zablk ~e C~m~t ruct' ion tlc: Re<;mtng Request for 3441 Old Germanto~m Rd Thi~ wi£;. serve to noel. fy you tha~ we (Fine Construction) %,o~.;~4 i. ike ~o be removed from the agenda for the Council. Meeting ~.;eheduled for b~y 6s 1997 at 6:00 p,n,, We were noti. f'l. ad t'h.t.s morning of the meeting and this does itot ~iw~ ~ .4~plle cite to prepar~ a.~ we are seeking legal coun.~e.i, in this matter, l>le.ise c:~l], if you have amy que!~clon~,' ~aak you, 505 N.E. 3rd Street · Delray Beach, Florida 33483-5501 C~orner o]' .r~o~lli F~.~er(zl ~flgbtt:ay & N.E. 3r~ - (561) 637-9296- Fax (561) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~t SUBJECT: AGENDA ITEM # 7~ /~ - MEETING OF MAY 6, 1997 ORDINANCE NO. 22-97 DATE: MAY 2, 1997 This is first reading of Ordinance No. 22-97 rezoning a 1.415 acre parcel of land from A (Agricultural) to RM-__ (Medium Density Residential) District. The subject property is located on the north side of Old Germantown Road, east of the Spanish Wells condominium development. The rezoning is being requested by Fine Realty and Construction Company in order to construct 17 townhouse units at a density of 12 units per acre. At its meeting of April 14, 1997, the Planning and Zoning Board considered this matter and voted 5-1 to recommend that rezoning be approved, with a density suffix of 8 units per acre, based on positive findings with respect to LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), and 2.4.5 (D) (5) of the LDRs, and policies of the Comprehensive Plan. Recommend approval of the rezoning of the subject property; with the exact density suffix to be established by the Commission. If passed, a quasi-judicial public hearing will be scheduled for May 20, 1997. C.~/~1/1~4 00:40 4877588006 FINE CONSTRUCTION ' ' ': ' PAGE 02 [- - -R"- CEIVED .... CITY CLER CONSTRUCTION CO. Dhrisi, on of Fine Realty ~d ~o~me~ton Corp. To.~ D ~ ,.'me Dominguez Ci~.:y oi Delray Beach ]~¥~: CI L.fford Fine V :l'~'~c e Zabik Re: ~{ezontng Request for 344! Old German~own l{d ','Th. is w'~l~, serve to noC'i, fy you Cha~ we (Fine Construction) wo,,~ld ii~e to be removed from the agenda for the Council M~e~ing ~;cheduled for May 6~ 1997 at 6:00 p,m.. We were notified this morming of the meeting and this does not g:f.w~ ~0 ,.,tap]e ti~e to prepare a~ We are seeking legal counsel, in this matter. ]~l.e~s~ C'.~].J, if yOt~ have an7 que!~clons.- ~ank you. 505 N.E. 8rd Street · Delray Beach, Florida 83483-5501 C.7orr~cr ol S~ uth F~.~?era! Highw%~ & N.K 3rd St., Do~vnfown Delray - (561) 637-9296 - Fax (561) 637-3618 TO: DAVID T. HARDEN THRU: ~* FROM: ~ ' ~ ~ LYT~~M, P~NNER SUBJECT: MEETING OF MAY 6, 1997 REZONING FROM A (AGRICULTURAL) TO RM (MEDIUM DENSITY RESIDENTIAL) FOR PROPERTY LOCATED ON THE NORTH SIDE OF OLD GERMANTOWN ROAD, EAST OF THE SPANISH WELLS CONDOMINIUM. The action req~Jested of the City Commission is that of approval on first reading of an ordinance rezoning a 1.415 acre parcel from A (Agricultural) to RM (Medium Density Residential). The subject property is located on the north side of Old Germantown Road, east of the Spanish Wells Condominium. The subject property consists of approximately 1.415 acres and contains a single family residential home. the rezoning is being requested by Fine Realty and Construction Company in order to construct 17 townhouse units at a density of 12 units per acre. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. At its meeting of April 14, 1997, the Planning and Zoning Board held a public hearing in conjunction with review of the rezoning. Public testimony was taken City Commission Documentation Meeting of May 6, 1997 Rezoning from A to RM (Fine Realty and Construction Company) Page 2 from three residents of Rabbit Hollowe, Verona Woods, and Oakmont subdivisions who expressed concerns with respect to the requested density, traffic congestion, aesthetics, and landscaping. The residents felt a maximum of 6 units/acre was more appropriate and compatible with surrounding development. After discussing the proposal, the Board voted 5-1 to recommend that the rezoning request be approved with a density suffix of 8 units per acre, based upon positive findings with respect to LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), and 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. By motion, approve on first reading the ordinance for the rezoning from A (Agricultural) to RM (Multiple Family Residential Medium Density), with a density suffix of 8 units per acre, and setting a public hearing date of May 20, 1997. Attachments: · P & Z Staff Report of April 14, 1997 · Letters of Objection · Ordinance by Others Attachments: CANAL L-37 ~ -REZONING- PLANNING DEPAR~ENT FROM: A (AGRICULTURAL) TO: RM (MEDIUM DENSI~ RESIDENTIAL) CITY OF DELRAY BEACH. FL DIGIT~ ~SE ~P E~TEM -- MAP REF: LM139 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 14, 1997 (Con't from March 17, 1997 meeting) AGENDA ITEM: ~.A. ITEM: Rezoning from A (Agricultural) to RM (Medium Density Residential) for a parcel of land located on the north side of Old Germantown Road, east of the Spanish Wells Condominium. GENERAL DATA: Owners .......................................... Daniel & Marie Myers Applicant ....................................... Fine Realty and Construction Corp. Location ......................................... North side of Old Germantown Road, east of Spanish Wells Condominium Property Size ................................. 1.415 Acres Future Land Use Map .................... Medium Density (5-12 d.u./ac) Current Zoning .............................. A (Agricultural) Proposed Zoning ........................... RM (Medium Density Residential) Adjacent Zoning ................... North: RM East: A South: A & R-l-AAA (Single Family Residential) West: RM Existing Land Use ......................... Vacant one-story single family residence. Proposed Land Use ....................... Rezoning to RM to accommodate the construction of a 17-unit townhouse development with a community swimming pool, cabana, and associated parking and landscaping. Water Service ................................ Available via a connection to an existing 12" water main along Old Germantown Road. Sewer Service ............................... Available via a connection to an existing 4" force main along Old Germantown Road. The action before the Board is making a recommendation on a rezoning request from A (Agricultural) to RM (Multiple Family Residential - Medium Density). The subject property is located on the north side of Germantown Road, west of Homewood Boulevard and contains approximately 1.416 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. Currently, a single family residential home is located on the subject property. The site was annexed into the City in 1988, and rezoned from A (Agricultural- county) to a city zoning designation of ART (Agricultural Residential Transitional). A zoning designation of A (Agricultural) was attached to the property with the citywide rezonings in 1990. The development proposal is to rezone the subject parcel from A to RM. The rezoning is being requested by Fine Realty and Construction Company in order to construct 17 townhouse units at a density of 12 units per acre. 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 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. P&Z Staff Report ' Rezoning from A to RM (Fine Realty and Construction Company) Page 2 The current Future Land Use Map designation for the subject property is Medium Density Residential (5-12 du/ac). The requested rezoning change is from A to RM. The proposed zoning designation of RM is consistent with the Medium Density Residential Future Land Use Map designation. 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 the levels of service established within the Comprehensive Plan. Streets and Traffic: A traffic impact study was submitted with the request. The existing use of the property is one single family home. The Palm Beach County Traffic Performance Standards Ordinance establishes traffic generation rates of 10 ADT (Average Daily Trips) per unit for single family residences. The existing single family home generates 10 ADT. The ultimate development under the proposed RM designation of 17 units will result in 119 ADT (7 trips x 17 attached residential housing units. Thus, there is a net potential increase of 109 ADT with the rezoning. The traffic impact study submitted indicates Germantown Road has a capacity of 14,300, and can accommodate the 119 ADT generated by the proposed townhouse development. Water and Sewer: Preliminary engineering plans were not submitted with the application. Water service is available to the site via a 12" main located in Germantown Road. The city's Sewer Atlas indicates the nearest sewer main is an 8" sewer system located within the Spanish Wells condominium north and east of' the site. Submittal of engineering plans addressing provision of water and sewer services will be further addressed with the site plan process. The rezoning from A to RM will generate an increase in water and sewer demands, however, there is adequate capacity at the existing facilities to handle the water and sewage demands generated from this development. P&Z Staff Report Rezoning from A to RM (Fine Realty and Construction Company) Page 3 Parks and Recreation: 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. Thus, a positive finding can be made to this level of service. In addition, pursuant to LDR Section 5.3.2(C)(1), whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an in-lieu fee of $500.00 per dwelling unit will be collected prior to issuance of building permits for each unit. Solid Waste: The proposed 17 unit townhouse development will generate 8.84 tons of solid waste per year. One single family home generates 1.99 tons of solid waste per year. The proposed townhouse project would result in an increase in solid waste generation, however, capacity exists to handle the increase. 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. Section 3.3.2 (Standards for Rezonin(~ Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: 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 subject parcel is surrounded by residential uses, including single family residences to the east and south (Oakmont Subdivision - 2.35 du/ac; Rabbit Hollowe Subdivision - 1.23 du/ac; Verona Woods - 2.10 du/ac; Crosswinds planned residential development - 9.95 du/ac), and the Spanish Wells condominium development to the north and west (8 du/ac). The 17 unit townhouse development is proposed at the maximum allowed density under the RM designation (12 units per acre). The RM zone district provides a residential P&Z Staff Report Rezoning from A to RM (Fine Realty and Construction Company) Page 4 district with flexible densities having a base of six (6) units per acre and a range to twelve (12) units per acre. Pursuant to LDR Section 4.4.6(H) density may exceed the base of six (6) units per acre only upon a determination by the body taking final action on the development plan that the resulting development is harmonious with adjacent properties. Further, the density for a specific RM development may be established by a numerical suffix affixed to the designation and shown on the zoning map. Given the adjacent densities of Spanish Wells condominium development, Rabbit Hollowe, Verona Woods, and Oakmont single family subdivisions, and Crosswinds, staff has some concerns with respect to the compatibility of the proposal with existing residential development. To assure maximum compatibility the Board may want to apply a density suffix to the zoning designation to a density similar to that of Spanish Wells (8 units per acre) which directly abuts this development to the west and north. 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 change fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a) That the rezoning 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 submitted a justification statement as a part of the rezoning application. The statement indicates that the applicable reason is "c". The justification statement is summarized below: The Agricultural Zone District (A) serves as a holding zone designation. At this time the property owner desires a zoning compatible with the land P&Z Staff Report .... Rezoning from A to RM (Fine Realty and Construction Company) Page 5 use of mu/tifamily residential. The change to RM from A would also create a more compatible zoning with adjacent properties. Comment: This justification is correct, as an agricultural use is no longer appropriate for this area. The underlying land use allows for a zoning designation that will accommodate a multiple family residential use, which is typical of the development pattern in the area. The requested zoning is consistent with the Future Land Use Map designation (:Medium Density Residential), however, as previously stated compatibility concerns are noted if density were established at the maximum density of 12 units per acre. Application of a density suffix may be appropriate to ensure compatible future development of the site. COMPREHENSIVE PLAN A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following policies are noted. Future Land Use Element Policy A-1.1 (Medium Density Residential) This designation is applied to land which...is to be developed, at a density of five to twelve units per acre. Such land is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Home ownership is characteristic of this designation. Where this designation exists, uses other than those which are residential in character shall not be considered. The proposed housing type, townhouse units, is consistent in terms of surrounding residential properties, which consist of single family residences, apartments and condominiums: Spanish Wells Condominium: 8 du/ac. Oakmont Subdivision: 2.35 du/ac. Rabbit Hollowe Subdivision: 1.23 du/ac. Verona Woods Subdivision: 2.35 du/ac. Crosswinds Planned Residential Development (overall): 9.95 du/ac. Crosswinds Subdivision: 4.14 du/ac. Palm Cove Apartments: 17.7 du/ac. Crosswinds Condominiums: 8 du/ac. P&Z Staff Report Rezoning from A to RM (Fine Realty and Construction Company) Page 6 The proposed density of 12 units per acre is higher than the predominant housing densities in the area. Housing Objective C-2 Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile. The existing use of the property, is surrounded by the Spanish Wells condominium development to the north and west, and single family residences, apartments, and condominium development to the east and south. The proposed project calls for townhouse units and will achieve the above listed objective by providing a variety of housing types in the immediate area. Open Space and Recreation Policy A-3.3 Tot lots and recreational areas shall be a feature of all new housing developments which utilize any of the City's PRD zone districts or which have homeowner associations which must care for retention areas, private streets, or common areas. The proposal calls for townhouse units with a common swimming pool and cabana area. Common areas, including recreation facilities and a tot lot are to be provided and will be reviewed with submission of the associated site plan. Compliance with Land Development Regulations: The proposed use is to be in compliance with the 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. The application has submitted a preliminary sketch plan. VVhile the 'submitted sketch plan is not being formally considered at this time, the following comments are provided. LDR Section 4.3.3(0) Townhouse and Townhouse Type of Development: Sufficient information was not provided on the sketch plan to fully address all of the standards outlined in this section. The setback and design requirements for this townhouse development will be addressed at the time of site plan review. Also, per LDR Section 4.3.3(0)(2), each townhouse, or townhouse type, development shall be platted with a minimum designation of the interior street P&Z Staff Report Rezoning from A to RM (Fine Realty and Construction Company) Page 7 system as a tract. When the dwelling units are to be sold, each such unit must be shown on the plat. LDR Section 4.4.6(H)(1) Special Regulations (Density): A minimum density of six units per acre is established for a duplex and multiple family housing projects within this District. Density may exceed the base of six units per acre only upon a determination by the body taking final action on the development application that the resulting development is harmonious with adjacent properties and does not adversely affect areas of environmental significance or sensitivity. However, the density shall not exceed that of twelve units per acre. The development proposal consists of 17 townhouse units on 1.415 acres, for a density of 12 du/ac. Staff recommends that, in order to encourage compatibility with the existing single family residences to the east and south, and Spanish Wells condominium development to the north and west (8 du/ac), that a suffix similar to these adjacent residential uses be applied to this property. LDR Section 4.6.9 Parking: Two (2) parking spaces per unit are required for multiple family structures with two or mo.re bedrooms, along with .5 guest spaces per unit for the first 20 units. The sketch plan indicates parking areas in front of the townhouse structures. This item will need to be further reviewed with the site and development plan process. LDR Section 4.6.'16 Landscaping: No landscape plan has been submitted at this time. The submission of a landscape plan meeting all requirements of Section 4.6.16 will be required with the site and development plan submission. 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). Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. P&Z Staff Report Rezoning from A to RM (Fine Realty and Construction Company) Page 8 Special courtesy notices have been sent to: [] Oakmont Homeowners Association I~1 Crosswinds Homeowners Association [] Foxe Chase Homeowners Association [] Andover Homeowners Association El Rabbit Hollowe Homeowners Association [] Spanish Wells Condo Association [] Progressive Residents of Delray I~ United Property Owners Q Presidents Council Letters of objection, if any, will be presented at the P & Z Board meeting. The proposed rezoning of the subject property to RM is consistent with the property's Future Land Use Map designation of Medium Density Residential (5- 12 du/ac). The proposed development plans call for the maximum allowed density under the RM district. To ensure compatibility with adjacent residential uses it is recommended that a density suffix similar to adjacent densities be applied to this property. If the rezoning is approved, a site plan, landscape plan, and engineering plans consistent with the requirements of the Land Development Regulations will be submitted for review by staff, and consideration by the Site Plan Review and Appearance Board. With the application of a density suffix the required positive findings with respect to Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1, the performance standards of Section 3.3.2, and policies of the Comprehensive Plan can be made. Based on the above, the proposed rezoning of the subject propei'ty to RM with a density in the range of 8-10 du/ac is recommended for approval. oA. Continue with direction. B. Recommend rezoning of the property from A to RM with an appropriate density suffix based on positive findings with respect to Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1, Section 3.3.2 (Standards for Rezoning Actions), and Comprehensive Plan policies. P&Z Staff Report Rezoning from A to RM (Fine Realty and Construction Company) Page 9 C. Recommend denial of a rezoning, based on a failure to make positive findings with respect to Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1, Section 3.3.2 (Standards for Rezoning Actions), and Comprehensive Plan policies. The Board should discuss the proposed density in terms of the adjacent properties and recommend approval of the rezoning request from A (Agricultural) to RM (Multiple Family Residential - Medium Density), with a density suffix in the range of 8-10 units per acre, based upon positive findings with respect to 3.1.1 (Required Findings), Section 3.3.2 (Standards for Rezoning Actions) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5). Attachments: · Survey OSR I-~'T-.~-/'~ ~A A ~.~ SAN JUAN OR. ~~i:~~. x~,,.,-~.,~' ,,,,.ooo- - X "XI '~ "~ X'h 3 'X1 \ CANAL 1\ I I II t \ / / I \l ~ -REZONING- PLANNING B£PAR~ENT FROM: A (AGRICULTURAL) TO: RM (MEDIUM DENSITY RESIDENTIAL) CITY OF DELRAY BEACH, FL -- DIGll-.4[. ~,,4SE' ,~AP S~/$1-E't,t -- MAP REF: LM139 .2~140 Rabbit Hollow~Cir. Delray Beach, FL 33445 April 14, 1997 Chairperson Planning and Zoning Board City of Delray Beach 100 NW let Ave. Delray Beach, FL 33444 Re: Fine Realty and Con- struction, Inc.-Appli- cation for Rezoning, Old Germantown Road Gentlemen: The Rabbit Hollowe Homeowners' Association (the Association) is a 35-member association whose property is directly across Old Germantown Road from the parcel which the above applicant seeks to rezone. The requested change is from A (Agricultural) to RM (Medium Density Residential). The subject parcel measures 1.415 acres; the proposal is to build it out at the maximum RM density of 12 du/acre, for a total of 17 units. The Association opposes the application for the following reasons: Incompatibility with surroundinq development. Across Old Germantown Rd. to the south of the subject parcel, all of the development is at a density of 2.35 du/acre or less. On the north side of the road, contiguous to the subject parcel are Spanish Wells, to the west and north, at a density of 8 du/acre. The proposed density of 12 du/acre for the subject property would thus introduce a jarring incompatibility with the surrounding development. To aggravate the situation, adjacent to the subject property on the east are two parcels which together are about the same size as the subject property. If the proposed zoning change and heavy density is approved in the instant case, it will be virtually impossible to deny similar approval for the adjacent parcels. The Association urges the Board not to open the door to this potential further disruption to the compatibility of the neighborhood. Aggravation of traffic problems. Old Germantown Rd. is now property to Military Trail and beyond, heavy development is either completed, underway or planned. As a result, we ~(-2~'~ residents .... of Rabbit ' Hollowe have witnessed very substantl~_~ increases in the density of vehicular traffic along O1~'" <~ Germantown Rd. Old Germantown Rd. is fast becoming an alternate route to Congress Ave. and 1-95 for residents of developments to the west of Blood's Groves. It is also heavily travelled by vehicles going to and from Office Depot and the other com- mercial buildings nearby. And, with the opening of Orchard View Elementary School, there has been not only an increase in vehicular traffic, but also an increase in pedestrian traffic, over and above the numerous walkers and joggers that use this road. This situation will be further exacerbated with the proposed roadway (per the preliminary plan) being located directly across from a Palm Beach County School bus stop. Based on the Board's Staff estimate of 119 average daily trips for the proposed 17 new units,the Association is concerned that this unwarranted increase in traffic will only enhance the inconvenience and danger to its members and others, including elementary school children, who need to use Old Germantown Rd. as the only access to their homes. Esthetics and Landscaping. As the Staff Report indicates, the preliminary sketch plan does not allow for final determination whether the proposal will meet other city requirements. As the proposal now stands, the Association is concerned that this small parcel will be nothing more than a large slab of concrete with barrack-like buildings, including one parallel to Old Germantown Road, presenting an unattractive view to neighbors and passersby. Such a layout, together with the high proposed density, would certainly not be in keeping with the surroundings. For the reasons stated above, the Rabbit Hollowe Homeowners' Association opposes the subject application, and requests the Board to approve a change to RM with a density suffix of 6 du/acre. Respectfully submitted, Rabbit Hollowe Homeowners' Assn. Bruce C. St~inhardt, President. 2140 Rabbit Hollows Cir. Delray Beach, F~ 33445 April 18, 1997 Honoreble M~yor and Commissioners City of D~lray Beach 100 NW let Ave. Delray Be~ch, FL 33444 Rs: Fln~ Rs~l~y ~d Con- st~ction, Inc.-Appli- cation ~or R~sonin~, ~m~to~ ~o~d T~ N~bbit Hollows H~ers' Ass~iation (the Association) is a ~5-~~ association ~hose p~o~rty ts directly across Old ~~~ Road fr~ ~he parcel which the a~ve applicant seeks to resone. The rip. It.d ch~g~ la from A (Agrt~ltural) ~o ~ (Hedi~ ~nsl~y Residentlal). The S~t ~rc~l ~asur~s 1.415 ac~es; ~he proposa~ is ~o build tt out ~t t~ ~l~ ~ density of 12 du/acre, for of 17 ~tts. ~ April 14, 1997, ~ Pla~lng ~d Zoning Board approved the rszoning to ~,with a density suffix of 8 du/acrs. · ~ ~socittion d~s not op~s~ the Planing and Zoning Board's reco~ndatton for rezontng to ~. It does, emphatically op~se any density lisit In excess of 6 du/acre. ~lm ~e~n~ for the Association's ~sltion ars as D~tibilt~y wt~h surro~dlng develo~n~. Across Old ~~t~ Rd. to the south of the subject parcel, all of the d.evelo~nt Is at a d~sity of 2.35 du/acre or less. On ~or~h side of the road, contiguous to the subject parcel are ~nish ~ells, to the ~st ~d north, at a density of dy/acre, ~d the Crosswin~ Planned Residential ~sity of 4.14 du/acre; Crosswinds Condomtnl~, at aensity of 8 du/acFeI ~d Palm Cove Ap~rt~ntS, at a density ~f 17.7 d~/acre. The overall d~nslty is 9.95~du/acre. 'l~l'tk~e""t~ subject pro~rty, ~th Sp~lsh Wells and the Cromswinds P~ have dlr~t access to Llnton Boulevard, and t~eir hight d~sities are no doubt directly related to their proximity ~ de~ndence on this major thoroughfare. P · Z~e rec~nd~ density of 8 du/acre for t~ property would introduce a significant inco~patibility ~ith, and departure fro~, the densities allowed for the surroundtn9 develope~nts whose only access is Old Germantown Road. To aggravate the situation, adjacent to the subject property are two parcels which together are about the sa~e size as the subject property, and, like it, have entrance and egress only Dy way of Old C, er~anto~n Road. If the reco~ended 8 du/acre ~ere to ~ approved for the s~Ject parcel, it will be vir~ually im~e~ible ~o deny similar approval ~o the adjacent parcels, re~ulting in even further disruption to the com~2iblllty of the neigh~rh~d. ~ ~ traffic proble~ Old ~rmantown Rd. Is now virtually fully develo~d. To the west, from the Bled Groves pro~rty to Military Trail ~d ~yond. heavy develo~ent ei=~r c~pleted, underway or planned. As a result, we residents of Rabbit Holl~ have witnessed a very substantial lncrea~e in ~he density of vehicular traffic along Old Old ~~tO~ Rd. ls fast becoming an alternate rou~e to Congress Ave. and 1-95 for residents of develop~nts to the ~es~ of Bl~'s Groves. It is a~so heavily travelled by vehicles going to ~d from Office Depot and the other com- ~ercial ~ildings nearby. ~d, with the o~ning of Orchard '/iew gl~ntafy Sch~l, there has ~en not only an increase xn vehicular traffic, but also an increase In ~destrian traffic, over a~ a~ve ~he n~rous walkers and Joggers · ~ use this road. It should also ~ noted that access ~o the subject pro, rrM will ~ directly across Old ~antown Road fro~ the County School District bus stop located at the en~r~ to ~bi= Hollows. P ~ Z's rec~nded density will significantly aggravate this traffic s~uation. ~ Association Is concerned that resulting increase In traffic will only enhance the inconv~ience ~d d~ger to its me--rs and others, including sch~l children, for whom Old ~~to~ Rd. provides ~he only access to t~tr ho~s. indicates, ~ pr~lim~nary sketch plan d~s not all~ for ~lnal d~e~lnation ~hether the proposal ~lll meet other cit~ r~lr~nts. The ~soc[a~lon Is concerned ~hat this character of a concre~ ~l~b made up primarily oE parking space~, road ~d bu~ldings, pres~nting an unattractive to neighbors and passersby. Such a layout would indeed be incoapatible with its surroundings. The E ~ ~ Reco~ndation. P & Z recommended a density suf- fix of 8 du/acre. They arrived at this conclusion by averaging the Crosswinds PRD density of 9.95 du/acre {the higl~et density on the north side of Old Germanto~n Road) with the 6 du/acre density advocated by the opposing Home- c)~e~e' A~eo~i&tions. P & %'a conclusion is arbitrary and un~easona~le. It rests on two fallacies. First, in arriving at their 'average', the Board arbitrarily selected for consideration only the single most densely developed project on the north side of Old Germantown Road, completely ignoring the low density develope~nt on the south side of the road, which are no leas a pert of the neighborhood and worthy of consider- ation in the Board's calculation. Second, in focussing exclusively on the Crosswinds PRD, the Bo&rd failed to recognize that it and also Spanish Wells aiffer from the subject property in that they abut on, have ~cceas to, and are primarily oriented to Linton Boulevard, · tot Old Ger~antown Road. Because of these differing c~aracteristics, the subject property is more closely akin to ~'ae development on the south side of Germantown Road than to either Spanish Wells or the Crosswlnds PRD. The A~societion is, moreover, concerned that if the subject property is permitted a density of 8 du/acre, this will sure- ly he relied on by future applicants seeking to open the door to high density development in the remaining parcels along Old Germantown Road now zoned "A" (Agricultural). For these reeaona, the Association urges the Mayor and Co~ission, if they approve the rezoning from to do so with the express limitation of a maximum density of 6 du/&cre. Respectful ly submitted, Rabbit Hollows Hoedown&rs' Assn. Bruce Steinhardt, President. LEGAL VERIFICATION FORM FILE #: 97-084 PROJECT NAME: FINE REALTY REZONING LGAL DESCRIPTION: That part of the West 112 of the East 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 25, Township 46 South, Range 42 East, lying North of the North right-of-way line of Old Germantown Road, Palm Beach County, Florida. SOURCE of Legal Description: Survey (copy attached) VERIFIED BY~J~4A~ DATE:~///~71.' VERIFICATION REQUEST NEEDED BY: ASAP (OR BY MAY 1ST) LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND READING: VERIFIED BY: DATE: VERIFICATION REQUEST NEEDED BY: LEGFINE CF~T', F ~ E.3 tO: ~."~OHN N. SUITER ¢ommonweail;,~ ~and T i t i e Company "~ROFEsSIONAL SURVEYOR AND MAPPER Woods, Oviat~, G]lman, Sturman & Clarke FLORIDA CERTIFICATE NO. 1314 Dan~e] ,'I. Myers and Mar~e S. Myers, as Trustees of the Myers =ami :y Revocalo]e -r,JSt O'SRIE~, SUlTE~ & OIBRIEI! IRC. ENGINEERS, SURVEYORS, LAND PLANNERS 2601 NORTH FEDERAL HIGHWAY, DELRAY BEACH, FLORID/~ : NO~=diW~S3©