Ord 16-00ORDINANCE NO. 16-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION FROM LD (LOW DENSITY RESIDENTIAL
DWELLING UNITS/ACRE) TO CF-P (COMMUNITY FACILITIES -
PUBLIC BUll.DINGS), AND REZONING FROM R-1-A (SINGLE
FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY
FACILITIES) DISTRICT, FOR A PARCEL OF LAND LOCATED ON
THE SOUTH SIDE OF LAKE IDA ROAD, APPROXIMATELY 286
FEET WEST OF N.W. STM AVENUE, AS THE SAME IS MORE
PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMAI.I.
SCALE LAND USE PLAN AMENDMENTS; AND AMENDING THE
OFFICIAL ZONING 3,LhP OF THE CITY OF DELRAY BEACH;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described as Area "A" is designated on the
Future Land Use Map (FLU1V0 m the Comprehensive Plan for the City of Delray Beach, Florida, as
LD (Low Density Residential 0-5 dwelling units/acre); and
WHEREAS, the property hereinafter described as Area "B" as shown on the Zoning
District Map of the Cxty of Delray Beach, Florida, as being zoned R-1-A (Single Family Residential)
District; and
WHEREAS, at its meeting of July 17, 2000, the Planning and Zoning Board for the
City of Dekay Beach, as Local Planning Agency, reviewed this item at a public hearing and voted 4
to 1 to recommend approval of the small scale FLUM amendment and rezoning, based upon
positive findings; and
WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive
Plan be amended to reflect the revised land use designation, and that the Zoning District Map of the
City of Delray Beach be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOI.I.OWS:
Section 1. That the Future Land Use Map in the Comprehensive Plan of the City of
Delray Beach, Florida, is hereby changed to reflect a land use designation of CF-P (Community
Facihties - Public Buildings) for the following described property:
AREA "A" LEGAL DESCRIPTION FOR FLUM
Parcel 1: That portion of the West half (W. 1/2) of the South half (S. 1/2) of Lot 5, Subdixfsion of
Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, as recorded in Plat
Book 1, Page 4, Pubhc Records of Palm Beach County, Florida, described as follows:
Commence at the Northeast comer of West half (W. 1/2) of the South half (S. 1/2) of said Lot 5;
thence S. 89°58'12'' W., along the North line of the South (S. 1/2) of the West half (W. 1/2) of sa~d
Lot 5, a distance of 100.00 feet to a point on a line 100.00 feet West of and parallel to the East Line
of the South half (S. 1/2) of the West half (W. 1/2) of said Lot 5; thence S. 0° 05'44" E., along smd
parallel lane, a distance of 19.40 feet to the point of beginning, said point of beginning also being on
the South right-of-way line of Lake Ida Road; as per Palm Beach Count3, right-of-way acqmsition
map Project Number 90502;
Thence continue S. 0° 05'44" E., along said parallel line, a distance of 140.60 feet, thence S. 89°
58'12" W., along a [me 160 feet South of and parallel to the North line of the South half (S. 1/2) of
the West half (W. 1/2) of said Lot 5, a distance of 186.51 feet; thence N. 0022'34'' W., a distance of
160.00 feet to a point on the North line of the South half (S. 1/2) of the West half (W. 1/2) of said
Lot 5 and a point on the said South right-of-way line of Lake Ida Road; thence N. 89° 58'12" E.,
along smd North line and said South right-of-way [me, a distance of 14.57 feet to a point on a cra'ye
concave to the South hamng a central angle of 12° 48'48" and a radius of 779.02 feet; thence
Southeast, along the arc of said curve, a distance of 174.21 feet to the point of beginn/ng.
Together With
Parcel 2: That portion of the South half (S. 1/2) of the West half (W. 1/2) of Lot 5, Subdix4sion of
Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, as recorded in Pht
Book 1, Page 4, Pubhc Records of Palm Beach County, Florida, described as follows:
Commence at the Southwest comer of said Lot 5; thence N. 90° 00'00" E., along the South [me of
said Lot 5, a distance of 400.00 feet to the point of beginning; thence continue N. 90° 00'00" E.,
along smd South line, a distance of 235.68 feet to a point on a line 25.0 feet West of and parallel to
the East line of the West half (W. 1/2) of the South half (S. 1/2) of said Lot 5; thence N. 0° 05'44"
W., along said parallel line, a distance of 160.00 feet; thence S. 90° 00'00" W., a distance of 85.36
feet; thence S. 0° 05'44" E., a distance of 25.00 feet; thence S. 90° 00'00" W., a distance of 150.96
feet; thence S. 0022'07'' E., a distance of 135.00 feet to the point of beginning.
Together W~th
Parcel 3: That part of the South half of Lot 5, Subdivision of Section 8, Townslup 46 South, Range
43 East, Palm Beach County, Florida, as recorded in Plat Book 1, Page 4 of the Pubhc Records of
Palm Beach County, Florida, described as follows:
2 Ord. No. 16-00
Commence at the northeast comer of the West half of the South half of said Lot 5; thence N. 89°
58'40" W., along the North line of the South half of said Lot 5, 25.00 feet; thence S. 0° 08'30" E.,
along a line 25.00 feet West of and parallel with the East line of the West half of said Lot 5, 40.69
feet to the South right-of-way line of Lake Ida Road and the point of beginning; thence continue S.
0° 08'30" E., along satd parallel line, 119.31 feet to a line 160.00 feet South of and parallel with the
North line of the South half of said Lot 5; thence S. 89° 58'40" E., along said parallel line, 38.82 feet;
thence N. 0° 37'30" W., along the East right-of-way line of N.W. 6t~ Avenue, 105.44 feet to said
South ~aght-of-way line of Lake Ida Road and to a point on a curve concave southerly with a radius
of 779.02 feet, a central angle of 2° 58'27" and a chord bearing N. 69° 53'39" W., thence westerly,
along the arc of said curve and along the South right-of-way line of Lake Ida Road, 40.44 feet to the
said point of beginning.
And
That parcel of a land described as follows: Commencing 25 feet West from the Northeast comer of
the West 1/2 of the South 1/2 of Lot 5, Section 8, Township 46 South, Range 43 East, for a point,
of beginning; thence South 160 feet; thence West 75 feet; thence North 160 feet; thence East 75 feet
to the point of beginning; Palm Beach Count3,, Florida, less right-of-way deeded to CounB, of Palm
Beach, m Deed Book 1145, Page 623, Pubhc Records of Palm Beach County, Florida, according to
Plat thereof on file m the Office of the Clerk of Circuit Court in and for Palm Beach County,
Florida, recorded m Plat Book 1, Page 4. The sublect sxte is located on the south side of Lake Ida
Road, west of N.W. 5~ Avenue.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, is
hereby amended to reflect a zoning classification of CF (Community- Facilities) D~strict for the
following described property:
AREA "B" LEGAL DESCRIPTION FOR REZONING
Parcel 1: That portion of the West half (W. 1/2) of the South half (S. 1/2) of Lot 5, Subdivision of
Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, as recorded in Plat
Book 1, Page 4, Public Records of Palm Beach County, Florida, described as follows:
Commence at the Northeast comer of West half (W. 1/2) of the South half (S. 1/2) of said Lot 5;
thence S. 89° 58'12'' W., along the North line of the South (S. 1/2) of the West half (W. 1/2) of sa~d
Lot 5, a distance of 100.00 feet to a point on a line 100.00 feet West of and parallel to the East ]me
of the South half (S. 1/2) of the West half (W. 1/2) of said Lot S; thence S. 0° 05'44" E., along said
parallel line, a distance of 19.40 feet to the point of beginning, said point of beginning also being on
the South right-of-way line of Lake Ida Road; as per Palm Beach Count3, right-of-way acquisition
map Project Number 90502;
3 Ord. No. 16-00
Thence continu& S. 0° 05'44" E., along said parallel line, a distance of 140.60 feet, thence S. 89°
58'12" W., along a Line 160 feet South of and parallel to the North line of the South half (S. 1/2) of
the West half (W. 1/2) of said Lot 5, a distance of 186.51 feet; thence N. 0° 22'34" W., a distance of
160.00 feet to a point on the North Line of the South half (S. 1/2) of the West half (W. 1/2) of said
Lot 5 and a point on the said South fight-of-way line of Lake Ida Road; thence N. 89° 58'12" E.,
along sa~d North line and sa.rd South right-of-way line, a distance of 14.57 feet to a point on a curve
concave to the South ha,~q_ng a central angle of 12° 48'48" and a radius of 779.02 feet; thence
Southeast, along the arc of smd curve, a distance of 174.21 feet to the point of beginning.
Together With
Parcel 2: That portion of the South half (S. 1/2) of the West half C~. 1/2) of Lot 5, Subdivision of
Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, as recorded m Plat
Book 1, Page 4, Pubhc Records of Palm Beach County, Florida, described as follows:
Commence at the Southwest comer of said Lot 5; thence N. 90° 00'00" E., along the South line of
said Lot 5, a chstance of 400.00 feet to the point of beginning; thence continue N. 90° 00'00" E.,
along said South line, a distance of 235.68 feet to a point on a line 25.0 feet West of and parallel to
the East line of the West half (W. 1/2) of the South half (S. 1/2) of said Lot 5; thence N. 0° 05'44"
W., along said parallel line, a distance of 160.00 feet; thence S. 90° 00'00" W., a distance of 85.36
feet; thence S. 0° 05'44" E., a distance of 25.00 feet; thence S. 90° 00'00" W., a &stance of 150.96
feet; thence S. 0° 22'07" E., a distance of 135.00 feet to the point of beginning.
Section 3. That the City of Delray Beach elects to make this small scale amendment
by hax4ng only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 4. That the Planning Director of said City shall, upon the effecuve date of
th.is ordinance, amend the Official Zoning Map of the C~ty of Delray Beach, Florida, to conform
with the provisions of Section 2 hereof.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section. 6. 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 jurischction 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.
4 Ord. No. 16-00
Section 7. That this ordinance shall become effective thirty-one (31) days after
adoption, unless, the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged,
the effective date of this amendment shall be the date a final order is issued by the Depaxuaaent of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncomphance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Depaxunent of Community Affaks, Bureau of Local PlannLng, 2740 Centerx4ew
Drive, Tallahassee, Florida 32399-2100.
the
PASSED AND ADOPTED in regular session on second and final reading on this
15~:h day of August: ,2000.
ATTEST:
C~t3,Clerk - ~ -
MAYOR
First Reading July 25, 2000
Second Reading August 15, 2000
5 Ord. No. 16-00
ELDORADO LANE
~JNSHIN[ DR~V~ , .
ENFIELD RD
LAKE IDA ROAD
~z S D SPADY
EL EMEN TAR Y
REZONING
FROM: R-1-A (SINGLE FAMILY RESIDENTIAL) TO: CF (COMMUNITY FACILITIES
DELRAY LAKES DPl~ ' ENFIELD Ro ~
LAKE IDA R
3RD
$.D SPADY
ELEMENTARY
SCHOOL
FUTURE LAND USE MAP AMENDMENT
FROM: LD (LOW DENSITY, 0-5 UNITS/ACRE) TO: CF-P (COMMUNITY FACILITIES-PUBLIC BUILDINGS)
MAP REt LU¢62
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM/0' ~5' REGULAR MEETING OF AUGUST 15, 2000
ORDINANCE NO. 16-00 (SMALL SCALE FUTURE LAND USE MAP
AMENDMENT & REZONING/COMMUNITY CHILD CARE CENTER
EXPANSION)
AUGUST 9, 2000
This is second reading and a quasi-judicial (as to zoning) public hearing for OrdNance No. 16-00
that provides for a small scale Future Land Use Map (FLUM) amendment from LD (Low Density
Residential 0-5 dwelling umts/acre) to CF-P (Commumty Facflines-Pubhc Buildings) and rezonmg
from R-1-A (Smgle Family Res~dentml) District to CF (Community Facthues) District for a parcel of
land associated w~th the expansion of the Community Child Care Center.
The small scale FLUM amendment involves e~ght lots while the rezonmg request involves seven of
the eight lots. The eighth lot is already zoned CF (Community Facilities). The proposed land use
actions are intended to accommodate a 20,000 sq.ft, expansxon to the exasting Commumty Child Care
Center to house a new family resource center prov~dmg after school and weekend acumties for
children ages 5 to 11 years. Adchttonal background and analys~s are found m the attached staff report.
The Planning and Zoning Board considered the application at a public hearing on July 17, 2000.
Members from the Chevy Chase subdimsion (north s~de of Lake Ida Road) spoke m opposition c~fing
concerns with the potenttal noise from the new playgrounds, traffic and hours of operatton. The
Board voted 4 to 1 (Hamer dissenting; Carter and Eliopoulos absent) to recommend approval of the
requests based upon positive findings with Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings) and Section 3.1.1 (Reqmred Findings), Section
3.3.2 (Standards for Rezoning Acuons), and Section 2.4.50D)(5) (Rezomng Findmgs) of the Land
Development Regulations. At first reading on July 25th, the City Commission passed the ordinance by
a vote of 4 to 0. Cormmssioner McCarthy declared a conflict and stepped down for th~s item.
Recommend approval of OrdNance No. 16-00 on second and final reading, based upon the findings
and recommendation of the Planning and Zoning Board.
RefiAgrnemo21.Ord.16-00.SmScaleFLUM.Rezonmg Cluld Care Center Expansion
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
July 17, 2000
IV.B.
Future Land Use Map Amendment from LD (Low Density Residential) to CF-P
(Commumty Facilities-Pubhc Buildings) and Rezoning from R-1-A (Single
Family Residential) to CF (Commumty Facilities) in Conjuncbon with the
Expansion of the Community Child Care Center, Located West of N.W. 6th
Avenue, Between Lake Ida Road and N.W. 4th Terrace.
' I
~ TRINITY
~BOY SCOUT LUTHERAN
~HOOCSr I~
GENERAL DATA:
Owner/Applicant ........................
Agent .........................................
Location ....................................
Property Size .............................
Existing FLUM Designation .......
Proposed FLUM Des~gnabon ....
Existing Zoning .........................
Proposed Zoning .......................
Adjacent Zomng .............. North.
East:
South:
West:
Existing Land Use ....................
Proposed Land Use ...............
Water Service ..........................
Sewer Service ..........................
Community Child Care Center of Delray Beach, Inc
Robert G. Currie Partnership, Inc.
Southwest corner of N.W 5th Avenue and Lake Ida Road
FLUM Amd. Area (1 87 Acres)
Rezoning & Expansion Area (1.37 Acres)
LD (Low Density Residential, 0-5 du/ac)
CF-P (Community Facilibes-Public Buddings)
R-1-A (Single Family Residential)
CF (Community Facilities)
CF (Community Facilities) & R-l-AA (Single Family Residential)
CF
R-1-A (Single Family Residential)
R-1-A
Seven (7) single family structures and Improved road rights-of-way.
Future Land Use Map Amendment from LD to CF-P and Rezomng
from R-1-A to CF to accommodate an expansion of the existing child
care center on the adjacent parcels to the west.
Existing on site.
Existing on site.
IV.B.
The item before the Board is that of making a recommendation to the City
Commission on a privately initiated Small-Scale Future Land Use Map
amendment from LD (Low Density Residential 0-5 du/ac) to CF-P (Community
Facilities - Public Building) and rezoning from R-1-A (Single Family Residential)
to CF (Community Facilities) associated with the expansion of the Community
Child Care Center.
The subject property is located on the west side of NW 6th Avenue, between
Lake Ida Road and NW 4th Street.
The Community Child Care Center was constructed in 1990. In 1995, the City
Commission approved a rezoning from R-I-A to CF to allow the Community Child Care
Center to expand its operation westward onto Lot 57 and a portion of NW 6th Avenue,
which was subsequently abandoned. At its meeting of October 10, 1995, the Site Plan
Review and Appearance Board approved a 5,562 sq.ft, expansion to the Child Care
Center.
The rezoning request involves 7 lots (Lots 46, 49, 53, 54, 59, 60, & 61) currently zoned
R-1-A. Lots 53, 60, and 61 contain single family homes, while Lots 46, 49, 54, and 59
are vacant. The rezoning from R-I-A to CF is to accommodate a 20,000 sq.ft.
expansion to the existing Community Child Care Center to house a new family resource
center providing after school and weekend activities for children ages 5 - 11 years.
The lots being considered for rezoning (future expansion area) have an underlying
Future Land Use Map designation of LD (Low Density Residential). While Lot 57
(currently occupied by the existing Child Care Center) is zoned CF (Community
Facilities, its underlying Future Land Use Map (FLUM) designation is LD. The balance
of the existing Child Care Center has an underlying designation of CF-P (Community
Facilities - Public Building). The privately initiated FLUM amendment from LD to CF-P
will apply a consistent FLUM designation to the entire parcel.
While Lot 49 is included in the development proposal, the applicant has not signed a
contract for purchase. Prior to scheduling this item for City Commission action consent
from the current property owner is required.
Florida Statutes 163.3187 - Small Scale Land Use Map Amendments:
This Future Land Use Map Amendment is being processed as a Small-Scale
Development pursuant to Florida Statutes 163.3187. This statute states that any
local government comprehensive land use amendments directly related to
proposed small scale development activities may be approved without regard to
P&Z Staff Report
Rezomng from R-1-A to CF for the Commumty Child Care Center
Page 2
statutory limits on the frequency of consideration of amendments (twice a year),
subject to the following conditions:
The amendment does not exceed 10 acres of land;
The cumulative effect of the amendments processed under this section
shall not exceed 120 acres within designated redevelopment and traffic
concurrency exception areas, or 60 acres annually in areas lying outside
the designated areas; and,
The proposed amendment does not involve the same property, or the same
owner's property within 200 feet of property, granted a change within a
period of 12 months.
That if the proposed amendment involves a residential land use, the
residential land use has a density of 10 units or less per acre.
The proposed amendment does not involve a text change to the goals,
policies, and objectives of the local government's comprehensive plan, but
only proposes a land use change to the future land use map for a site-
specific small scale development activity.
The property that is the subject of a proposed amendment is not located
within an area of critical state concern.
The FLUM amendment involves approximately 1.87 acres, thus the total area is less
than the 10 acre maximum. This amendment along with other small-scale amendments
processed this year, outside the designated areas, will not exceed 60 acres. In fact this
is the first small scale amendment for this year. This property has not previously been
considered for a land use amendment nor has the same property owner's properties
been granted a land use change within 200 feet, within the last year. The proposed
amendment to CF-P (Community Facilities - Public Building) is privately initiated. The
CF-P land use designation allows for community buildings such as child care centers,
and will allow the entire development to have a consistent underlying land use
designation. The amendment does not involve a text change to the Comprehensive
Plan and it is not located within an area of critical concern.
Land Use Analysis:
Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use
Map), all land uses and resulting structures must be allowed in the zoning district
within which the land is situated and, said zoning must be consistent with the
land use designation as shown on the Future Land Use Map.
The current Future Land Use M~p designation for the subject property is LD (Low
Density Residential). The requested FLUM designation is CF-P (Community Facilities-
Public Building). The proposed zoning designation of CF is consistent with the
proposed CF-P Future Land Use Map designation and "child care centers" are listed as
a permitted use in the CF district [LDR Section 4.4.21(B)(4)].
P&Z Staff Report
Rezoning from R-1-A to CF for the Commumty Child Care Center
Page 3
Adjacent Land Use Map Designations, Zoning Designations & Land Uses:
North: North of the subject property, across Lake Ida Road has a FLUM designation of
LD and is zoned R-l-AA (Single Family Residential). The property is developed as a
single family subdivision (Chevy Chase).
South and West: The abutting properties to the south and west have a FLUM
designation of LD and are zoned R-I-A. The properties are developed as single family
lots.
East: East of the property, has a FLUM designation of CF-P and is zoned CF. The
existing use of the property is the existing Community Child Care Center.
Allowable Land Uses:
Under the proposed CF-P designation, current and future sites for public buildings and
single function buildings for community related purposes are allowed. The applicant has
requested a zoning designation of CF (Community Facilities) which is consistent with
the proposed FLUM designation of CF-P.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable Objectives and Policies were found.
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
must be based upon the following findings:
Demonstrated Need -- That there is a need for the requested land use. The
need must be based upon circumstances such as shifts in demographic
trends, changes in the availability of land, changes in the existing character
and FLUM designations of the surrounding area, fulfillment of a
comprehensive plan objective or policy, or similar circumstances. The need
must be supported by data and analysis verifying the changing demographics
or other circumstances. This requirement shall not apply to requests for the
FLUM designations of Conservation or Recreation and Open Space; nor shall
it apply to FLUM changes associated with annexations when the City's
advisory FLUM designation is being applied or when the requested
designation is of a similar intensity to the advisory designation. However, the
findings described in the remainder of this policy must be addressed with all
FLUM amendments.
The FLUM change involves a lot currently occupied by the Child Care Center as well
as the area proposed for further expansion. The change on the lot occupied by the
Child Care Center is appropriate, as the new designation accommodates the
existing use. While the proposed expansion could be accommodated under the
existing zoning and FLUM designations an inconsistency would exist. It is therefore
more appropriate at this time to seek a CF-P land use designation.
P&Z Staff Report
Rezonmg from R-I-A to CF for the Community Child Care Center
Page 4
Consistency -- The requested designation is consistent with the goals,
objectives, and policies of the most recently adopted Comprehensive Plan.
The proposal is consistent with the goals, objectives and policies of the City's
Comprehensive Plan. The following are applicable goals and objectives and policies.
Future Land Use Element Objective A-1 - Property shall be developed or
redeveloped, in a manner so that the future use and intensity is appropriate in
terms of soil, topographic, and other applicable physical conditions, is
complementary to adjacent land uses, and fulfills remaining land use needs.
The vacant lots have been disturbed (mowed) and the existing single family homes
will be demolished as part of this development proposal. Therefore, there will be no
physical conditions that would prevent redevelopment of the property. The property
can be developed under the CF zoning in a manner that would be complementary to
the adjacent residential development as discussed below under Standards for
Rezonings. While a child care facility has not been identified in the Comprehensive
Plan as a remaining land use need it is a needed use in the community. The unmet
child care need is the catalyst for the proposed expansion of the existing facility.
Housing Policy A-12.1: The City shall evaluate the effect that any street
widening or traffic circulation modification may have upon an existing
neighborhood, and shall allow opportunity for public input on the proposed
change. If it is determined that the widening or modification will be
detrimental and result in a degradation of the neighborhood, the project shall
not be permitted.
The development proposal includes the abandonment of a portion of NW 4th Terrace
and NW 6th Avenue. The portion of NW 6th Avenue that is to be abandoned serves
as access to the Community Child Care Center's main entrance and drop-off. NW
4th Terrace is a 14' wide improved alley which abuts 13 lots, 5 of which take
secondary access from the alley to the rear of their property. Trash removal is also
accommodated from the alley. It is noted that all 13 lots have primary access along
their frontage from the abutting rights-of-way (Lake Ida Road and NW 4th Street). At
this time a determination has not been as to whether right-of-way will be rededicated
along the west side of the development to provide a north/south connection from 4th
Street to the alley, or if the alley will be terminated with a cul-de-sac or "T" turn
around. Ultimately the parameters of the development proposal will be dependent
upon the acquisition of the properties identified in this report. As a sketch plan has
not been submitted to date to fully examine this issue, this policy will be addressed
with the site plan and abandonment applications, and public input will be taken at
that time.
Housing Policy A-12.3: In ~valuating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have
on the stability of nearby neighborhoods. Factors such as noise, odors, dust,
traffic volumes and circulation patterns shall be reviewed in terms of their
potential to negatively impact the safety, habitability and stability of
residential areas. If it is determined that a proposed development will result in
P&Z Staff Report
Rezoning from R-1-A to CF for the Community Child Care Center
Page 5
a degradation of any neighborhood, the project shall be modified accordingly
or denied.
As discussed above, traffic modifications are being considered with the development
proposal, however they should not negatively impact the circulation pattern of the
neighborhood. Alternatives including dedication of right-of-way, "T" turnaround and
cul-de-sac will be considered with the site plan and abandonment applications.
Noises associated with the creation of new outdoor playground areas are a concern
if placed on the western edge of the site adjacent to the existing single-family
dwellings. If new playgrounds are planned they are to be situated to the east
adjacent to the existing center to help mitigate any negative impacts.
[] Concurrency -- Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
Streets and Traffic:
A traffic impact study was not submitted with the request, however staff conducted a
preliminary traffic analysis as follows. The current R-1-A zoning designation
generally permits only single family dwellings at a maximum density of 5 units per
acre. The Palm Beach County Traffic Performance Standard Ordinance establishes
traffic generation rates of 10 average daily trips (ADT) per unit for single family
residences. With R-1-A zoning and a density of 5 units per acre, a maximum of 7
units could be developed generating 70 ADT. The ultimate development potential of
the site to accommodate a 20,000 square foot child care center would generate
1,110 ADT. Thus, there is a net potential increase of 1,040 ADT from the proposed
rezoning.
Lake Ida Road was recently widened and is currently operating at Level "C".
Adequate capacity exists on Lake Ida Road to accommodate the traffic demands of
this project. The submittal of a traffic study that meets the criteria as outlined in the
Palm Beach County Traffic Performance Standards will be required at time of site
plan approval.
Water and Sewer:
Preliminary water and sewer plans were not provided with the rezoning application.
Water and sewer mains exist within that portion of NW 4th Terrace and NW 6th
Avenue that is to be abandoned as part of this project. The relocation of water and
sewer mains and upgrades to the system will be required. This item will be further
reviewed at time of site plan approval. The rezoning from R-1-A to CF 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.
Parks and Open Space:
Park dedication requirements do not apply for nonresidential uses. Thus, there will
be no impact on this level of service standard.
P&Z Staff Report
Rezoning from R-I-A to CF for the Community Child Care Center
Page 6
Solid Waste:
The proposed 20,000 sq.ft, child care center will generate 35 tons of solid waste per
year. The potential of 7 single family homes would generate 13.93 tons of solid
waste per year. While there is a net increase in solid waste generation (21.07 tons),
the Solid Waste Authority indicates in its annual report that the established level of
service standards for solid waste will be met for all developments until 2021.
Drainage:
Paving and drainage plans are not required for the FLUM and rezoning analysis.
Drainage will most likely be accommodated via sheet flow to sodded areas and/or by
an exfiltration trench system. If the rezoning is approved, a paving and drainage plan
must be provided with submittal of the site plan, and positive findings with respect to
this level of service standard must be made at that time.
Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
Compatibility is discussed below under the Standards for Rezoning.
Compliance -- Development under the requested designation will comply with
the provisions and requirement of the Land Development Regulations.
Compliance with the Land Development Regulations will be further addressed with
review of a site and development plan.
ZONING ANALYSIS:
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, the staff report, or minutes. Findings shall be made by the body,
which has the authority to approve or deny the development application. These
findings relate to Future Land Use Consistency, concurrency, Comprehensive
Plan Consistency and Compliance with the Land Development Regulations.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the Future Land Use Map Analysis section of this report.
Compliance with respect to the Land Development Regulations (Standards for
Rezoning Actions, and Rezoning. findings) are discussed below.
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
P&Z Staff Report
Rezoning from R-1-A to CF for the Commumty Child Care Center
Page 7
Comprehensive Plan may be used in the making of a finding of overall
consistency.
Section 3.3.2 (Standards for Rezoning Actions): Standards A-C are not applicable.
The applicable performance standard of Section 3.3.2 is 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 property is bordered by the following zoning designations and
existing land uses: on the north, across Lake Ida Road by R-l-AA zoning (a
single family subdivision known as Chevy Chase); to the east by CF (Community
Facilities) zoning (the existing Child Care Center); and to the west and south, by
A-I-A zoning (single family lots).
Compatibility with the adjacent property to the east is not a concern as it is the
existing child care center. While R-l-AA property is located on the north side of
Lake Ida Road, the use will be separated by an 80' right-of-way that contains a 4
lane divided roadway with heavy landscaping. In order to mitigate impacts on the
remaining residential properties to the west and south zoned R-l-A, a wall or
hedges 4 1/2' height at the time of planting and trees 25' on center should be
provided along these property lines. Further, outside playground areas should
not be located immediately adjacent to these properties. The Community Child
Care Center is a neighborhood facility serving the needs of the immediate
neighborhood and has co-existed with the neighborhood for many years.
Therefore, this rezoning proposal will not be introducing a new use to the area.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
That the zoning had previously been changed, or was originally
established, in error;
That there has been a change in circumstances which make the
current zoning inappropriate;
That the requested zoning is of similar intensity as allowed under the
Future Land Use M~p and that it is more appropriate for the property
based upon circumstances particular to the site and/or
neighborhood.
P&Z Staff Report
Rezomng from R-1-A to CF for the Commumty Child Care Center
Page 8
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:
"This project will be an expansion to the existing Community Child Care Center
operations which is currently in the CF designation. It would be more appropriate
to expand this designation to the new property".
Comment: The justification statement addresses Item "c" as the basis for which the
rezoning should be granted. While the child care facility could be accommodated under
the existing zoning designation of R-l-A, the CF district was created as a special
purpose district that is intended to permit uses that serve public or semi-public
purposes. Under these circumstances the rezoning to CF is more appropriate. The
rezoning of the property will accommodate an expansion of an existing child care facility
which services the neighborhood. Further, the requested zoning of CF is of similar
intensity as allowed under the Future Land Use Map designation, which is to be
changed to CF-P. Based on the above, it is more appropriate for the property based
upon circumstances particular to this site and neighborhood to rezone it from R-I-A to
CF.
The rezoning is not in a geographic area requiring review by either the HPB (Historic
Preservation Board), DDA (Downtown Development Authority) or the CRA (Community
Redevelopment Agency).
Courtesy Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. A special certified notice has been sent to each of the property
owners of record.
Courtesy notices have been sent to:
Lake Ida Homeowners Association
Delray Lakes Homeowner's Association
Letters of objection or support, if any, will be presented at the P & Z Board meeting.
The Future Land Use Map amendment from LD to CF-P is consistent with the policies
of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The
FLUM amendment will allow the entire development to have the same FLUM
designation. The rezoning from R-1-A to CF is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive
findings can be made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that the
rezoning is appropriate given certain circumstances particular to the site and
P&Z Staff Report
Rezomng from R-I-A to CF for the Community Child Care Center
Page 9
neighborhood. The change in FLUM and zoning designations will provide consistency
and accommodate the expansion of an existing well established community oriented
facility.
ALTERNATIVE ACTIONS:
Continue with direction.
Recommend approval of the Small Scale FLUM Amendment from LD to CF-P and
rezoning of the subject property from R-I-A to CF for the Community Child Care
Center based on positive findings with respect to LDR Section 3.1.1 (Required
Findings), Section 3.3.2 (Standards for Rezoning Actions), Section 2.4.5(D)(5)
(Rezoning Findings) of the Land Development Regulations and policies of the
Comprehensive Plan.
Recommend denial of the FLUM amendment and rezoning, based on a failure to
make positive findings with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings) and Section 2.4.5(D)(5) that the
rezoning is not more appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
Recommend approval of the Small Scale FLUM Amendment from LD to CF-P on lots
46, 49, 53, 54, 57, 59, 60, & 61 and rezoning request from R-I-A (Single Family
Residential) to CF (Community Facilities) on Lots 46, 49, 53, 54, 59, 60, & 61 for the
Community Child Care Center, based upon positive findings with Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and
Section 3.1.1 (Required Findings), Section 3.3.2 (Standards for Rezoning Actions), and
Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations and
policies of the Comprehensive Plan.
Attachments:
· Zoning Map
ANCHOR POINT
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CITY OF DELRAY BEACH. FL
PLANNING & ZONING DEPARTMENT
COMMUNITY CHILD CARE CENTER
REZONING FROM: R-I-A (SINGLE FAMILY RESIDENTIAL) TO' CF (COMMUNITY FACILITIES)
-- DICIT.4L ~45£ MAP SY~TE, a,,f -- MAP REF L1,4458
LAKE SHORE
ANCHOR POINT
NW
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7TH
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ST
DELRAY LAKES DRIVE
SUNSHINE DRIV[
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FUTURE LAND
USE MAP
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2ND
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N
CiTY OF" DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
COMMUNITY CHILD CARE CENTER
FUTURE LAND USE MAP AMENDMENT FROM: LD (LOW DENSITY RESIDENTIAL, 0-5 UNITS/ACRE)
TO: CF-P (COMMUNITY FACILiTIES-PUBLIC BUILDING)
-- DICll',4L ~,,,~$£ 4~P $)"STE~ -- MAP REF ~458
CITY OF DELRAY BEACH
NOTICE OF PROPOSED
-, LAND USE CHANGES
The City Commission of the City of DeL'ay Beach, Florida, proposes to adopt
the following small scale amendments to the Comprchensiv~ Plan of the City of
I~lray Beach:
· .~ ~ searle Future Land Use Map amendment FROM County HR-8 (High
Density Residential 8 dwelling units/acre) TO City TRN (Transitional) for a
1~30 acre parcel of land located on the north side of West Atlantic Avenue
between the Villas D~Este and W-mdy Creek subdivisions; and.
· A small scale Future Land Use Map i~mendment FROM County LD (Low
Density Residential 0-~ dwelling units/acre) TO CF-P (Community Facilities
Public Buildings) for a 1.87 acre parcel of land located on the south side of
Lake Ida Road, approximately 286 feet west of N.W. 5th Avenue, associated
with the expansion of the Community Child Care Center.
ORDINANCE NO. 15-00
AN-ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL
OF LAND LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE
APPROXIMATELY 1,600 FEET EAST OF BARWICK ROAD, LYING BETWEEN
THE VILLAS D,q:_~STE AND WINDY CREEK SUBDMSIONS, AS MORE
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS; REDEFINING .THE ~OUNDARIES OF THE
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND, AFFIXING AN OFFICIAL LAND USE
DESIGNATION OF TRN (TRANSITIONAL) FOR SAID LAND TO THE FUTURE
LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN;
ELECTING TO PROCEED UNDER THE SINGLE-HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS;
ORDINANCE NO. 16-00 '
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, CHANGING THE FUTURE LAND USE MAP DESIGNATIONS LD
(LOW DENSITY RESIDENTIAL 0-$ DWELLING UNITS/ACRE) TO CF-P
(COMMUNITY FACILITIES-PUBLIC BUILDINGS), AND REZONING FROM
R-I-A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY
FACILITIES) DISTRICT, FOR A PARCEL OF LAND LOCATED ON THE
SOUTH SIDE OF LAKE IDA-ROAD, APPROXIMATELY 286 FEET WEST OF
N.W. STH AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED
HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR A SMALL SCALE LAND USE PLAN
AMENDMENTS; AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEAl.ER CLAUSE,
A SAVING CLAUSE, AND A EFFECTIVE DATE.
All interested citizens ar~ invited to attend the public heating and ~omment
upon the proposed Future Land Usc Map amendments or ~ubmit theLr
comments in writing on or before the date of this hearing to the planning and
Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida
33444 (Phone 561DA3-7040), between the hours of $:00 a.m. and $:00 p.m.,
Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT'IF A PERSON DECIDES TO APPEAL ANY
DECISION MADE BY THE CITY COMMISSION WITH RESPEC~ TO ANY
IVlATFER CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED A
RECORD OF THESE PROCEEDINGS, AND FOR THIS PURPOSE MAY NEED
TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED, THE CITY
DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S.
286.0105.
PUBLISH: The Boca Raton News
· The Delray Beach News
August 9, 2000
Ad #801430
CITY OF DELRAY BEACH
Alison l~auforegor Harty.
City Clerk
100
:ANNOUI,,,ICEJVIENTS
A PUBLIC HEARING w',ll be held on b'~e
pm. ~ [f~JE~,N.)GUS'r 15, 20~
~ ,5 p rtL, ~ mm~gh Rlday, e:ccept
AN ORDINANCE CX: THE CiTY CO~A-
MISSION OF Ti"IE CITY OF DE. LRAY'
BF. ACH, FT.ORIDA, AMENDIlYG CHAP-
~ON ~2 26, "'COMPOSITION,
BERSHIP; AMENDING SECTION
~2.2~, "DUTIE.S AND
32.29(0) TO PROVIDE FOR 'STATE
~CHOOLS' PRESENTATION, BY
AMENDING SUBSECTION 32.2g(fl)
TO PROV1DE RDR COMMENTS BY
REGARDING 'file SCHOOL BOARD OF
PAJ..~ BEACH COUNTY'S FIVE YEAR
(,APITA,L IMPRO~,AEMENT PROGRAM
ANO ITS IMPAG'T ON CITY SCHOOLS,
INGS, REPORTS", 8¥ AJ, AENDING THE
HEADING Of: AND SUBSECTION
, REPLACING REPORTS
~ A 'STATE OF SCHOOLS" PRE-
SENTATION 'IA~IICH IS INCORPORAT-
ED IN SUBSECTION 32.29(0), PRO-
VIDING A GENERAL REPEALER
CLALtSE. A SAVIklG GI. AJJSE, AND AJ~
EFFECTIVE DATE
AN ORDINANCE OF THE CrlY
MISSION OF ~ CITY el: DEI.RAY
BEAGH, FLORIDA. CHANGING THE
FLfl'URE LAND USE MAP DESIGNA-
1'10N FROM LO (LOW DENSI1Y RESI-
I~ENTI/d. 0-5 I)'~N~LLING
UNrI'S/ACRE') TO CF-P (COMMUNrTY
F~CILJ'T1ES - P~JBLIC BUIInlNG$),
AND REZDNING FROM R-'~.-A (SIN-
GLE IcAJ~ILY RESIDENTLId-) DISTRICT
TO CF (COMMUNI'I'Y FACILI'T1ES)
TRICT, FOR A PARCEL OF LAND
LOCATED ON TH~ SoLrrH SIDE OF
I. AXE IDA ROAD, APPROXIIvIATELY
286 FEET WEST OF NW 5'TH
AVENUE, AS THE .S/LME IS MORE
PARTICULARLY DESCRIBED HEREIN,
ELECTING TO PI:IOCEED UNDER THE
F~O~ R:IR SMALL SCALE LANO
.USE PLAN AMENDMENTS, AND
AMEIdDING THE OR:ICIAJ. ;ZONING
I~qAP OF THE CITY OF DELFIA¥
BEACH, PROVIDING k GENERAL
REPEALER CLAUSE A SAVING
6~c~ m a~gea] an~ mlclskxl nlade
I~ Ihe Clly CO~T., i~,,t~.on W~ respect to
E/
TO:
THRU:
FROM:
SUBJECT:
D~.~/~(~AR~Y MANAGER
~,~~NG~ING AND ZONING DIRECTOR
J/~l'~ MEEKS, SENIOR' PEANNER
MEETING OF JULY 25, 2000
PRIVATELY INITIATED SMALL-SCALE FUTURE LAND USE
MAP AMENDMENT
FROM LD (LOW DENSITY RESIDENTIAL 0-5 DUlAC) TO CF-P (COMMUNITY
FACILITIES - PUBLIC BUILDING) AND REZONING FROM R-1-A (SINGLE FAMILY
RESIDENTIAL) TO CF (COMMUNITY FACILITIES) ASSOCIATED WITH THE
EXPANSION OF THE COMMUNITY CHILD CARE CENTER. THE SUBJECT
PROPERTY IS LOCATED ON THE WEST SIDE OF NW 6'" AVENUE, BETWEEN
LAKE IDA ROAD AND NW 4'' STREET.
The small scale Future Land Use Map amendment ~nvolves 8 lots (Lots 46, 49, 53, 54, 57, 59, 60, &61)
having a current land use designation of LD (Low Density Residential 0-5 du/ac). The balance of the
existing Child Care Center has an underlying land use designation of CF-P (Community Facilities -
Public Building). The privately initiated FLUM amendment from LD to CF-P will apply a consistent FLUM
designation to the entire parcel.
The rezoning request involves 7 lots (Lots 46, 49, 53, 54, 59, 60, & 61) currently zoned R-1-A. Lot 57,
which is included in the FLUM change, is not included in the rezoning request as it currently has the
appropriate zoning designation of CF. The rezoning from R-1-A to CF is to accommodate a 20,000 sq.ft.
expansion to the existing Community Child Care Center to house a new family resource center providing
after school and weekend activities for children ages 5 - 11 years. A full analysis of the FLUM
amendment and rezoning is provided in the attached Planning and Zoning Board staff report.
The Planning and Zoning Board held a public hearing on this item on July 17, 2000. Members from the
Chevy Chase subdivision (north of Lake Ida) spoke in opposition citing concerns with the potential noise
from the new playgrounds, traffic, and hours of operation. The Board voted 4-1 (Hasner dissented,
Carter and Eliopoulos absent) to recommend approval of the proposed amendment from LD to CF-P and
rezoning from R-1-A to CF.
Approve on first reading the Small Scale FLUM Amendment from LD to CF-P on lots 46, 49, 53, 54, 57,
59, 60, & 61 and rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) on Lots
46, 49, 53, 54, 59, 60, & 61 for the Community Child Care Center, based upon positive findings with
Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and
Section 3.1.1 (Required Findings), Section 3.3.2 (Standards for Rezoning Actions), and Section
2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and set a public hearing date of
August 15, 2000.
Attachments:
~. Planning and Zoning Board staff report of July 17,2000
> Ordinance by Others
eo ) /j.