Ord 27-00ORDINANCE NO. 27-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION FROM MD 0VIEDIUM DENSITY RESIDENTIAL
5-12 DWELLING UNITS/ACRE) TO CF-R (COMMUNITY FACILITIES
- RECRY_dkTION), AND REZONING FROM RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES)
DISTRICT, FOR A CITY-OWNED PARCEL OF LAND LOCATED ON
THE WEST SIDE OF JAEGER DRIVE BETWEEN DOTrEREL ROAD
AND EGRET CIRCLE, AS THE SAME IS MORE PARTICULARLY
DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR SNLAIJ. SCALE LAND
USE PLAN AMENDMENTS; AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF DELRAY BEACH; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the property hereinafter described is designated on the Future Land
Use Map (FLUM) in the Comprehensive Plan for the City of Delray Beach, Florida, as MD
(Medium Density Residential 5-12 dwelling units/acre); and
WHEREAS, the property hereinafter is shown on the Zoning District Map of the
City of Delray Beach, Florida, as being zoned RM (Medium Density Residential) District; and
WHEREAS, at its meeting of September 18, 2000, the Planning and Zoning Board
for the City of Delray Beach, as Local Plarmmg Agency, reviewed this ~tem at a public hearing and
voted 5 to 1 to recommend approval of the small scale FLUM amendment and rezonmg, 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 designanon, 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 FOLLOWS:
Section 1. That the Future Land Use Map in the Comprehensive Plan of the City of
Dekay Beach, Flortda, is hereby changed to reflect a land use designation of CF-R (Community
Facilities - Recreation), and the Official Zoning Map of the City of Delray Beach, Florida, is hereby
changed to reflect a zoning classificataon of CF (Community Facilities) District for the following
described property:
LEGAL DESCRIPTION:
A portion of Tra'ct 1, Lake Ray, according to the Plat thereof, as recorded in Plat Book 29, Page 61,
of the Public Records of Palm Beach County, Florida, and a portion of Layer's Delray Racquet Club
Addition, according to the Plat thereof, as recorded in Plat Book 42, at Pages 112 and 113, of the
public records of Palm Beach County, Florida, more particularly described as follows:
Commence at Southeast comer of Tract 1, Lake Ray, according to the Plat thereof, as recorded in
Plat Book 29 at Page 61, of the Public Records of Palm Beach County, Flor, da, said point being on
the East line of smd Tract 1 and being the point of tangency of a curve in the Southeast comer of
said Tract 1, thence N 02° 49'35" W tangent to said curve along the East line of said Tract 1, for a
distance of 265.05 feet to the point of beginning; thence S 87° 10' 25"W for 104.48 feet; thence N
19° 59' 24"W for 22.30 feet; thence S 70° 00' 36" W for 153.50 feet; thence N 19° 59' 24" W for
5.00 feet; thence S 70° 00' 36" W for 166.20 feet; thence N 19° 59' 24" W for 13.79 feet; thence S
80° 28' 00" W for 21.16 feet; thence N 19° 59' 24" W for 102.87 feet; thence S 70° 00' 36" W for
15.22 feet; thence N 14° 49' 09" W for 139.54 feet; thence N 34° 16' 18" E for 106.18 feet; thence
N 74° 25' 51" E for 182.00 feet; thence N 18° 42' 36" E for 87.78 feet; thence N 82° 31' 18" E for
34.49 feet; thence N 02° 49' 35" W for 200.03 feet; thence S 90° 00' 00" E for 13.83 feet; thence N
02° 49' 35" W for 102.35 feet; thence N 87° 10' 25" E for 143.54 feet; thence N 02° 49' 35" W for
87.77 feet to a point on the south right-of-way line of Egret Circle as shown on the Plat of Layer's
North according to the Plat thereof, as recorded m Plat Book 43 Pages 92 through 94 of the
public records of Palm Beach County, Florida; said point being on a non-tangent curve; said point
bearing N 04° 50' 02" E from the radius point of the next described curve; thence easterly along a
circularly curve to the right and concave to the South, having a radius of 200.00 feet and a central
angle of 17° 59' 55" for an arc distance of 62.83 feet to a point of reverse curvature; thence easterly
along a circularly curve to the left and concave to the north having a radius of 200.00 feet and a
central angle of 04° 43' 53" for an arc distance of 16.52 feet to a point of non-tangency; thence
departing from said south right-of-way line of Egret Circle and nm S 08° 30' 00" W for 35.80 feet;
thence S 80° 00' 00" W for 23.37 feet; thence S 09° 59' 50" E for 35.80 feet; thence S 02° 49' 35" E
along a line parallel with and 2.00 feet west of as measured at right angles to the East line of smd
Tract 1 for a distance of 348.76 feet; thence N 87° 10' 25" E 62.00 feet; thence S 02° 49' 35" E
along the east right-of-way line of the abandoned and/or vacated 60.00 foot road right-of-way of
Jaeger Drive according to Official Records Book 3077 at Page 1597 of the Public Records of Palm
Beach County, Florida for a distance of 104.53 feet to a point on the South line of Parcel "A",
Lavers Dekay Racquet Club Adchtion according to the Plat thereof as recorded in Plat Book 42 at
Pages 112 and 113 of the public records of Palm Beach County, Florida; thence N 90° 00' 00"W
along the south line of said parcel "A" for 60.07 feet to a point on the East line of said Tract 1;
thence S 02° 49' 35" E along the East line of said Tract 1 for a distance of 223.64 feet to the point
of beginning.
2 Ord. No. 27-00
Section 2. That the City of Delray Beach elects to make this small scale amendment
by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187 (1) (c) 3.
Section 3. That the Planning Director of smd City shall, upon the effective date of
this ordinance, amend the Official Zoning Map of the Cxty of Delray Beach, Florida, to conform
with the provisions of Section 1 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 5. That should any secuon or provision of this ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 6. That this ordinance shall become effective thirty-one (31) days after
adoption, unless the amendment is challenged pursuant to Secuon 163.3187(3), F.S. If challenged,
the effective date of this amendment shall be the date a final order is issued by the Department 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
noncompliance 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 Department of Community Affairs, Bureau of Local Planning, 2740 Centerview
Drive, Tallahassee, Florida 32399-2100.
the 17th
PASSED AND ADOPTED in regular session on second and final reading on this
__ day of October ,2000.
ATTEST:
City Clerk ! ~
MAYOR
FirstReading October 3, 2000
Second Reading October 17, 2000
3 Ord. No. 27-00
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CITY OF DELRAY BEACH, FL
P~.ANNING ,[, ZONING DEPAR3'I/~N'I'
LAVER'S DELRAY RACQUET CLUB
EXISTING FUTURE LAND USE MAP
F.L U.M. AMENDMENT FROM. MD (MEDIUM DENSITY RESIDENTIAL, 5-12 UNITS PER ACRE)
TO: CF-R (COMMUNITY FACILITIES-RECREATION)
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PLANNING & ZONING DEPARTla[NT
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EXISTING ZONING MAP
RF..ZONIN$ FROM: RM (MEDIUM DENSITY RESIDENTIAL) TO' CF (COMMUNITY FACILITIES)
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MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM/0./~. - REGULAR MEETING OF OCTOBER 17, 2000
ORDINANCE NO. 27-00 (SMALL SCALE FUTURE LAND USE MAP
AMENDMENT & REZONING/DELRAY SWIM & TENNIS CLUB)
OCTOBER 12, 2000
This is second reading and a quasi-judicial (as to zoning) pubhc hearing for Ordinance No. 27-00
that provides for a small scale Future Land Use Map (FLUM) amendment from MD (Medium
Density Resxdential 5-12 dwelling units/acre) to CF-R (Commumty Facilities-Recreation), and
rezonmg from RM (Medium Density Resxdential) to CF (Commumty Facihfies) District for the City-
owned parcel of land known as the Del_ray Swim & Tennis Club.
The subject property is located on the west side of Jaeger Drive between Dotterel Road and Egret
Circle, and contains 5.6 acres. The City purchased the property in September, 2000, to accommodate
additional City-operated tennis and recreational facilities and provide a community center in the south
end of the City.
The Planmng and Zomng Board held a public hearing on the proposed land use actions on September
18, 2000. Three members of the Delray Racquet Club Association spoke in oppositton to the request
citing concerns w~th the CF zomng allowing more intense uses than the current RM zoning. The
Board voted 5 to 1 to recommend approval of the small scale FLUM amendment and rezoning based
upon posture findings w~th Future Land Use Element Pohcy A-1.7 of the Comprehensive Plan
(FLUM Amendment Findings) and Secuon 3.1.1 (Required Findings), Section 3.2.2 (Standards for
Rezoning Actions), and Section 2.4.5(i2))(5) (Rezoning Findings) of the Land Development
Regulations.
The dissenting voter at the Planning and Zomng Board heating felt that Open Space and Recreation
(OSR) zomng was more appropriate. However, tennis centers are not hsted as a perrmtted use m the
OSR district. At first reading on October 3~d, the City Comrmssion passed the ordinance by
unanimous vote.
Recommend approval of Ordinance No. 27-00 on second and final reading, based upon the findings
and recommendatton of the Planning and Zoning Board.
RefiAgrnemo21.Ord.27-00 SmScaleFLUM.Rezonmg. Delray Swan & Tenms Club
DELRAY RACQUET CLUB ASSOCIATION INC.
610 EGRET CIRCLE
DELRAY BEACH, FLORIDA 33444
(561)-Z76-379Z
FAX- (561)27604017
E-Mail: delraq@juno.com
September 27, 2000
Mr. Costello
Delray Beach, FI.
Dear Mr. Costello and Fellow Board Members:
Enclosed you will find three (3) copies of our tennis layout at the
Delray Racquet Club. Please take note of the fact that the tennis courts
are in our back yards and the close proximity to our Condos. This
should make you aware of why we worry about your "rezoning" and
what the final useage will be.
I would appreciate your passing these layouts to other Board members
and departments such as the planning board etc. to better understand our
problem. There is a good chance that the property will be over-run
by bicycles, roller blades, scotters and strangers all having the
potential of causing numerous and related problems for our
community. Of utmost concern as condo owners is the cause and effect that
these problems wil! have on the value of our property.
Having expressed our concerns we would appreciate your review and
consideration of the above in an effort to make this an amiable situation.
We look forward to headng from you and to have open lines of
communication.
Sincerely yours,
For the Board
President
Encl.
GH:se
· pii~ Ii*pu:q
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
September 18, 2000
V.A.
Future Land Use map Amendment from MD (Medium Density Residential, 5-12 Units
per Acre) to CF-R (Community Facilities-Recreation) and Associated Rezoning from
RM (Medium Density Residential) to CF (Community Facilities) for the City's Tennis
Facility at Laver~s Delray Racquet Club, Located on the West Side of Jaeger Ddve,
between Dotterel Road and Egret Circle.
Owner/Applicant ............. City of Delray Beach
David T. Harden, City Manager
Location .......................... West s~de of Jaeger Drive, between
Dotterel Road and Egret Circle
Property Size .................. 5 6 Acres
Current F.L.U.M ............. MD (Medium Density Residential 5-12
alu/ac)
Proposed F.L.U.M .......... CF-R (Community Facilities-
Recreation)
Current Zoning ............... RM (Medium Density Residential)
Proposed Zoning ............ CF (Community Facilities)
Adjacent Zoning .... North:
East:
South:
West:
Existing Land Use ..........
SAD (Special Activities District) & RM
RM
RM
RM
Vacant clubhouse facility w~th 14 tennis
courts and a swimming pool.
Future Land Use Map Amendment and
Rezonlng to CF designations to
accommodate a public tennis
facdity/club.
Proposed Land Use ........
Water Service .................Existing on-site.
Sewer Service ................ Existing on-site.
V,A.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City
Commission on a city-initiated Small-Scale Future Land Use Map amendment from
MD (Medium Density Residential 5-12 du/ac) to CF-R (Community Facilities -
Recreation) and rezoning from RM (Medium Density Residential) to CF
(Community Facilities) associated with the establishment of the Delray Tennis
Club at Delray Racquet Club.
The subject property is located on the west side of Jaeger Drive, between Dotterel
Road and Egret Circle, and contains 5.6 acres.
BACKGROUND/PROJECT DESCRIPTION
,I
At its meeting of August 14, 1978, the City Commission approved a Conditional Use and site
plan request for Lake Ray Tennis Club for the construction of 325 units in six 5-story buildings
and a tennis club with 15 courts. The clubhouse and associated recreational facilities were
severed from the condominium owners interest and have been owned and operated over the
years by several different entities and utilized for tennis academies. The condominium owners
retained access to the recreational facilities through memberships. This condominium
development and the condominium development to the east (formerly Laver's Delray Racquet
Club Addition) were combined and are now referred to as the Delray Racquet Club.
The subject parcel was zoned RM-15 (Multiple Family 15 units per acre) until it was rezoned to
RM (Medium Density Residential) with the Citywide Rezoning associated with the adoption of
the Land Development Regulations in October 1990.
In 1997, the clubhouse and recreational facilities were sold to the Delray Beach International
Tennis Resort Academy, Ltd., which operated a tennis academy in conjunction with the
clubhouse. Since many of the students were foreign nationals with limited ability to speak
English, the tennis academy submitted a conditional use request to establish a private school.
On October 6, 1998, the City Commission approved the request, however the school was never
established and the site was vacated in 1999.
On September 6, 2000, the City purchased the property to accommodate additional City-
operated tennis facilities and provide a community center in the south end of the City. The
proposed FLUM amendment and rezoning to CF (Community Facilities) is to accommodate the
City facility.
FUTURE LAND USE MAP AMENDMENT ANA LYSlS
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 statutory limits on the
P&Z Board Staff Report
FLUM Amendment from MD to CF-R and Rezoning from RM to CF for the Delray Tennis Club at the
Delay Racquet Club
Page 2
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;
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; and,
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 5.6 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. This property has not previously been
considered for a land use amendment nor has the same property owner's properties within 200
feet been granted a land use change, within the last year. The proposed amendment to CF-R
(Community Facilities - Recreation) is City initiated. The CF-R land use designation allows for
community facilities such as tennis centers. 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 Map designation for the subject property is MD (Medium Density
Residential 5~12 du/ac). The requested FLUM designation is CF-R (Community Facilities-
Recreation). The proposed zoning designation of CF is consistent with the proposed CF-R
Future Land Use Map designation and "tennis centers" are listed as a permitted use in the CF
zone district [ref. LDR Section 4.4.21(B)(3)].
P&Z Board Staff Report
FLUM Amendment from MD to CF-R and Rezoning from RM to CF for the Delray Tennis Club at the
Delay Racquet Club
Page 3
Adjacent Future Land Use Map Designations, Zon!ng Designations & Land Uses:
North: North of the subject property, across Egret Circle has a FLUM designation of MD and is
zoned SAD (Special Activities District). The property is developed as a multiple family known as
Laver's North.
South, East and West: The abutting properties to the south, east and west have a FLUM
designation of MD and are zoned RM. The properties are developed as the Delray Racquet Club
condominium development, and Town and Country Estates condominiums.
Allowable Land Uses:
Under the proposed CF-R designation, current and future sites for public buildings and single
function buildings for community related purposes are allowed. The requested zoning
designation of CF (Community Facilities) 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 them 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 property currently developed as a clubhouse with a swimming
pool and tennis courts, which were once operated as a tennis club and most recently as a
tennis school. The property has not been well maintained and has been a blight on the
surrounding residences. The facility will help address a demand for additional City-operated
tennis facilities, while providing a well managed and maintained facility that will be an
enhancement to the surrounding properties. Given City ownership and operation of the
facility, it is appropriate to change the FLUM and zoning designation to CF, to accommodate
the proposed use. The proposed change will help fulfill Recreation and Open Space Policy
A-2.1, which states that the City shall provide additional parks, recreation, and open space
facilities through enhancement of existing facilities, major capital improvements and the
P&Z Board Staff Report
FLUM Amendment from MD to CF-R and Rezoning from RM to CF for the Delray Tennis Club at the
Delay Racquet Club
Page 4
provision of new services to geographic areas which do not have facilities readily available to
them.
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, 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 proposal involves demolition of the existing clubhouse, rehabilitation of the swimming
pool, and upgrades to the tennis courts. A temporary office facility will be installed until
funding is available to build a new clubhouse. The use of the property will be similar to that
which previously existed. There are no physical conditions which would prevent the
redevelopment of the property. The property can be redeveloped under the CF zoning in a
manner that is complementary to the adjacent residential development as discussed below
under Standards for Rezonings. The provision of additional recreation facilities has been
identified in the Comprehensive Plan as a remaining land use need (ref. Open Space &
Recreation Policy A-2.1).
Housing Policy A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it is
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
This facility will function basically the same as it was originally intended when it was
developed as a tennis club. However, it will be less intense since there will not be an
associated restaurant/bar, which existed with the original tennis club.
El Concurrency -- Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
In the preparation of the Delray Beach Comprehensive Plan, the land use designations
throughout the entire planning and service area were considered with respect to the overall
land use pattern, assessment of level of service, the provision of services, and meeting
remaining land use needs. Water and sewer mains exist on-site and no main extensions or
upgrades are necessary. Pursuant to the Comprehensive Plan, treatment capacity is
available at the City's Water Treatment Plant and the South Central County Waste Water
Treatment Plant for the City at build-out. The provision of the tennis center/club increases
the City's level of service standards for parks and recreation facilities. Traffic generated will
be of similar levels as the originally approved tennis club and there will be minimal impacts
P&Z Board Staff Report
FLUM Amendment from MD to CF-R and Rezoning from RM to CF for the Delray Tennis Club at the
Delay Racquet Club
Page 5
on solid waste facilities. The proposed CF Future Land Use Map designation allows facilities
of the same or greater intensity than the existing MD FLUM designation. Technically, the
establishment of the CF zone district would open this parcel to development, which could be
more intense than uses allowed under the RM zoning. However, this petition is related to
maintaining the existing tennis courts and swimming pool, and providing a tennis center.
Concurrency findings with respect to future improvements will be made at the time of
development review.
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 Map 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 3.2.2
(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 3.2.2 (Standards for Rezonin.q Actions): Standard B, C and E are not applicable
with respect to this rezoning request. The applicable performance standards of Section
3.2.2 are as follows:
P&Z Board Staff Report
FLUM Amendment from MD to CF-R and Rezoning from RM to CF for the Delray Tennis Club at the
Delay Racquet Club
Page 6
A)
The most restrictive residential zoning district that is applicable given existing
development patterns and typical lots sizes shall be applied to those areas
identified as "stable" and "stabilization" on the Residential Neighborhood
Categorization Map. Requests for rezonings to a different zoning designation other
than Community Facilities, Open Space, Open Space and Recreation, or
Conservation shall be denied.
The subject property and surrounding residences are designated as "Stable" on the
Neighborhood Categorization Map. The rezoning is being processed to provide a public
tennis facility on property that was previously used for similar purposes. The proposed
CF zoning designation is consistent with the proposed CF-R Future Land Use Map
designation. The CF zoning is more appropriate since the property is owned by the City
and the City will operated the proposed facility.
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, by SAD zoning (a multi-family development known as Layer's North;
to the east, west, and south by the RM zoning (Delray Racquet Club condominium
development).
Compatibility with the surrounding properties is not a concern as the clubhouse facility
and tennis courts have co-existed with the neighborhood for many years. The property
has not been well maintained for some time and has resulted in a blighted situation. The
proposal involves upgrades to the tennis courts, swimming pool and parking areas, and
demolition of the existing clubhouse. The proposed upgrades will be an enhancement to
the area.
Section 2.4.5(D)(5) (Rezonin¢l Findinqs):
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 Map and that it is more appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
P&Z Board Staff Report
FLUM Amendment from MD to CF-R and Rezoning from RM to CF for the Delray Tennis Club at the
Delay Racquet Club
Page 7
The basis for rezoning relates to reason "b". The City has recently purchased the property to
provide a tennis center facility. 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 existing RM zoning is inappropriate. The rezoning of the property will accommodate the
tennis center. Further, the requested zoning of CF is of similar intensity as allowed under the
proposed CF-R Future Land Use Map designation. Based on the above, the CF zone district is
more appropriate for the property based upon a change in circumstances.
REVIEW BY OTHERS
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).
Public Notice:
Formal public notice has been provided to property owners within a 500-foot radius of the
subject property. Letters of objection or support, if any, will be presented at the Planning and
Zoning Board meeting.
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's associations which have
requested notice of developments in their areas:
0
Delray Racquet Club
Lake Delray Apartments
Palms of Delray
PROD (Progressive Residents of Delray)
Presidents Council
Town & Country Estates
Tropic Palms
Letters of objection or support, if any, will be presented at the P & Z Board meeting.
ASSESS MENT AND CONCLUSIONS
The Future Land Use Map amendment from MD to CF-R is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development Regulations. The rezoning from
RM 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 there has been a change in circumstances.
ALTERNATIVE ACTIONS
A. Continue with direction.
P&Z Board Staff Report
FLUM Amendment from MD to CF-R and Rezoning from RM to CF for the Delray Tennis Club at the
Delay Racquet Club
Page 8
Recommend approval of the Small Scale FLUM Amendment from MD to CF-R and rezoning
request from RM (Medium Density Residential) to CF (Community Facilities) for the Delray
Tennis Club/Center at Delray Racquet Club, based upon positive findings with Future
Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and
Section 2.4.5(D).(5) (Rezoning Findings) of the Land Development Regulations, and policies
of the Comprehensive Plan.
Co
Recommend denial of the FLUM amendment from MD to CF-R and rezoning to CF for
Delray Tennis Club/Center at Delray, 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 a change in circumstances.
STAFF RECOMMENDATION
Recommend approval of the Small Scale FLUM Amendment from MD to CF-R and rezoning
request from RM (Medium Density Residential) to CF (Community Facilities) for the Delray
Tennis Club/Center at Delray Racquet Club, based upon positive findings with Future Land
Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Section
3.1.1 (Required Findings), Section 3.2.2 (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:
Future Land Use Map
Zoning Map
r3 Survey
\\misrv001\departrnents\planning & zoning\boards\p&z board\laver'srezoningrm-cf, doc printed 9/14/00
cou~?$
\ 60.07
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II~ ~ ' ClT~i Co~illtt.,l~SSlON DOc'uM~ENTATION
TO:
THRU:
FROM:
SUBJECT:
D~ H~CITY MANAGER
PAUL DORLING,~I:TING PLANNING AND ZON~
JEFFREY A. COSTELLO, PRINCIPAL PLANN~L~/Y..z~
MEETING OF OCTOBER 3, 2000
CITY-INITIATED SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM
MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) TO CF-R (COMMUNITY
FACILITIES - RECREATION) AND REZONING FROM RM (MEDIUM DENSITY
RESIDENTIAL) TO CF (COMMUNITY FACILITIES) ASSOCIATED WITH THE
ESTABLISHMENT OF A CITY-OPERATED SWIM AND TENNIS CENTER AT
DELRAY RACQUET CLUB.
.... ~ .......... B ACK GR0 UN D,~/AN A ~L Y S ! S
The subject property is located on the west side of Jaeger Drive, between Dotterel Road and Egret
Circle, and contains 5.6 acres. On September 6, 2000, the City purchased the property to
accommodate additional City-operated tennis facilities and provide a community center in the south
end of the City. The proposed FLUM amendment and rezoning to CF (Community Facilities) is to
accommodate the City facility. A full analysis of the FLUM amendment and rezoning is provided in
the attached Planning and Zoning Board staff report.
Pi~ANiNI:NGI A~NO' Z'ON1NG Bo'AR'D CONSIDERATION ~
The Planning and Zoning Board held a public hearing on this item on September 18, 2000. Three
members of the Delray Racquet Club Association spoke in opposition to the request citing concerns
with the CF zoning allowing more intense uses than the current RM zoning. The Board voted 5-1
(Bird dissented, Morris absent) to recommend approval of the proposed FLUM amendment from MD
to CF-R and rezoning from RM to CF. Mr. Bird felt that Open Space and Recreation (OSR) zoning
was more appropriate, however tennis centers are not listed as a permitted use in the OSR zoning
district.
Approve on first reading the Small Scale FLUM Amendment from MD to CF-R and rezoning from RM
to CF for the Delray Swim and Tennis 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 3.2.2 (Standards for R. ezoning Actions), and Section 2.4.5(D)(5)
(Rezoning Findings) of the Land Development Regulations, and set a public hearing date of October
17, 2000.
Attachments.
~ Planning and Zoning Board staff report of September 18,2000
~, Ordinance by Others
CITY OF DELRAY BEACH
NOTICE OF PROPOSED
t LAND USE CHANGE
T~e City Commission of the City of Delray Beach, Florida, proposes to
a~opt the following small scale amendment to the Comprehensive Plan
el the City of Delray Beach:
~-A small Scale Future Land Use Map amendment FROM MD
(Medium Density Residential 5-12 dwelling units/acm) TO CF-R
(Community Facilities-Recreation) for a 5.6 acre City-owned
pamel of land known as the Delray Swim and Tennis Club facility
located on the west side of Jaeger Drive between Dotterel Road
~ and Egret Circle.
The City Commission will conduct a Public Hearing on TUESDAY/
OCTOBER 17r 2000r AT 7-00 P.M. (or at any continuation of such
n~eeting which is set by the Commission), in the Commission Chambers
a~ City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. At this
r~eeting the City Commission will consider ;idopting this small scale
a,tnendment to the Future Land Use Map of the Comprehensive Plan.
'l~e title of the enacting ordinance is as follows:
:
: ORDINANCE NO. 27-00 ·
~ ORDINANCE OF THE CITY COMMISSION OF THE CiTY OF
I~ELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
IVJAP DESIGNATION FROM MD (MEDIUM DENSITY RESIDENTIAL 5-
1~ DWELLING UNITS/ACRE) TO CF-R (COMMUNITY FACILITIES-
I=[ECREATION), AND REZONING FROM RM (MEDIUM DENSITY
Ft'ESlDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES)
I~ISTRICT, FOR A CITY-OWNED PARCEL OF LAND LOCATED ON
3'~IE WEST SIDE OF JAEGER DRIVE BETWEEN DOTTEREL ROAD
.~;ND EGRET CIRCLE, AS THE SAME IS MORE PARTICULARLY
E~ESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE
S'I, NGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND
USE PLAN AMENDMENTS; AND AMENDING THE OFFICIAL
Z~NING MAP OF THE CITY OF DELRAY BEACH; PROVIDING A
qENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
~FFECTIVE DATE.
~1 Interested citizens are invited to attend the public hearing and
comment upon the proposed Future Land Use Map amendment or
submit their comments in writing on or before the date of this hearing to
the Planning and Zoning Department. For further information or to
obtain copies of the proposed amendment, please contact Jeff Costello
at the Planning and Zoning Department, City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida 33~?. (Phone 561/243-7040), between
the hours of 8:00 a.m. and 5:00 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 RESPECT
TO ANY MATTER 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 ES. 286.0105.
CITY OF DELRAY BEACH
PUBLISH: BOCA RATON/DELRAY BEACH NEWS Alison MacGregor Harty
· OCTOBER 11, 2000 City Clerk
AD~/NS1022 ~
Friday, October 6, 2000
CLASSmiao-
100
ANNOUNCEMENTS
LEGAL NOT.ES
A PUBLIC HEN~ING ~dll I~ held on b~e
g.m~m ~y, OCTOBEO~n~ce ~t 700
FI 17, 2~000
wh~ Is ~e~ by Um Commission), in
100N W lit Avenue, Deb'ay Bea~,
I,~1, 10~ NW 1st Avenue,
0~0 am, and SOO pm Monday
I~ems~d pm~ we Invi~e~ t~ attend
AN ORDINANCE OF THE CITY
~ON FROM MD (MEDIUM DENSffY
RESIDENTt~L. 5-12 DWELLING
UNITS/ACRE) TO CFR (COMMUNITY
FACILITIED - RECREATION), AND
REZI~dING FROM RM (MEDIUM DEN-
Sf[Y RESIDEI~TIAL) DISTRICT TO CF
(CO~V~IUNffY FACIL/I~cS) DISTRICt,
FOR A CITY-OWNED PARCEL OF
Lkt~ LOCA"~EO ON THE WEST SiDE
OF J/~r-GER DRrV~ BE1WEEN DOT-
~ ROA~ AND EGRET CIR(~,.F.~
THE ~E IS MORE PARTICULARLY
DESCRIBED NEREIN, r:L.E~'ING TO
PROCEED UNDER THE SINGLE
~.~RING ADOP13UN P~[~?J~ FOR
OFF~U~L ZONING M.~.~ OF TH~ (;IT?
OF I~¢LRA¥ BEAC~, I~P~)%qDING
GENERAL REF~I.~R CLAUSE,
deckles to ap, peal a~. ~lect~ m~e
't~ony and evkle~e upoo v,~c~ ~e
Ad ~1017