Ord 26-06
ORDINANCE NO. 26-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED A
(AGRICULTURAL) DISTRICT TO R-1-AAA (SINGLE
FAMILY RESIDENTIAL); SAID LAND BEING A PARCEL
LOCATED AT THE SOUTHEAST CORNER OF OLD
GERMANTOWN ROAD AND RABBIT HOLLOWE DRIVE,
AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRA Y BEACH,
FLORIDA, MARCH 2006"; 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 Dekay Beach, Florida, dated March 2006, as being zoned A (Agricultural) District; and
WHEREAS, at its meeting of April 17 , 2006, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to 0 to
recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Dekay Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Dekay Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
,
\
Section 2. That the Zoning District Map of the City of Delray Beach. Florida, be, and the
same is hereby amended to reflect a zoning classification of R-l-AAA (Single Family Residential)
District for the following described property:
A tract of land lying in the NE 114 of Section 25, Township 46 South, Range 42 East, in Palm
Beach County. Florida, being more particularly described as follows: That portion of the
East 221.23 feet of the SE 1/4 of the NE % of the NE 114 of said Section 25 lying South of
Germantown Road and the East 221.23 feet of the North 323.90 feet of the NE % of the
SE % of the NE % of said Section 25.
Section 3. That the Planning and Zoning Director of the 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 2 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 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 6. That this ordinance shall become effective immediately upon passage on second
and final reading.
\' ~ PASSED ~ ADOPTED in regular session on second and final reading on this the
~ day of i .200k..
A1TEST
~o~~
~~.~.~~~'J
City Clerk
Fudeading ~\ \)~
Second Reading ~ \ U \ ~
2
ORD NO. 26-06
MEMORANDUM
TO:
FROM:
MAYOR AND CI~~:~~HSSIONERS
CITY MANAGER fJv \
AGENDA ITEM # \ C) A - REGULAR MEETING OF MAY 16. 2006
ORDINANCE NO. 26-06
SUBJECT:
DATE:
MAY 12, 2006
This Ordinance is before Commission for second reading and qllasiilldicial hearing for a privately
initiated rezoning from A (Agricultural) to R-1-AAA (Single Family Residential) for the
Germantown Road Subdivision, located on the south side of Old Germantown Road (3426 Old
Germantown Road).
The 2.48 acre site contains a one-story 5,976 sq. ft. single family residence, built in 1967 and a one-
story 938 sq. ft. single family residence, built in 1950.
The applicant requested the rezoning for the purpose of subdividing the property into four (4)
separate lots that will meet the required dimensions of the R-1-AAA District for future development
of four (4) single family residences.
On April 17, 2006, the Planning and Zoning Board held a public hearing in conjunction with the
request. There were five (5) residents from the Rabbit Hollowe and Verona Woods subdivisions
that had questions concerning: environmental uses regarding potential contamination of the soil
and water table by historic nursery uses, future rezoning requests that may seek to increase density,
and access concerns from Old Germantown Road. After reviewing the staff report and discussing
the proposal, the Board voted 7-0 to recommend to the City Commission that the rezoning request
be approved. Staff recommends approval by adopting the findings of fact and law contained in the
staff report; finding that the request is consistent with the Comprehensive Plan; and finding that the
request meets the criteria set forth in the Land Development Regulations (LDR) Section 3.1.1
(Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5)
(Rezoning Findings).
At the first reading on May 2, 2006, the City Commission passed Ordinance No. 26-06.
Recommend approval of Ordinance No. 26-06 on second and final reading.
S:\City C1erk\agenda memos\Ord 26-06 Germantown Road Rezoning 051606
vA
t!f1
TO:
FROM:
DAVID T. HARDEN, CITY MANAGER
PAUL DORLlNG, DIRECTOR OF PLAN~NG ANDZ~NING 'h1,J.. ?vf~
ESTELlO BRETO, SENIOR PlANNER-.L'~::~X:tr.
-f-
THRU:
SUBJECT: MEETING OF MAY 2,2006
PRIVATELY INITIATED REZONING FROM A (AGRICULTURAL) TO R-1-AAA
(SINGLE FAMilY RESIDENTIAL) FOR THE GERMANTOWN ROAD
SUBDIVISION, lOCATED ON THE SOUTH SIDE OF OLD GERMANTOWN
ROAD (3426 OLD GERMANTOWN ROAD).
The 2.48 acre site has an Agricultural Zoning designation and contains: a one-story 5,976 sq. ft.
single family residence, built in 1967, and a one-story 938 sq. single family residence, built in
1950. The applicant has requested the rezoning for the purpose of subdividing the property into
four (4) separate lots that will meet the required dimensions of the R-1-AAA District for future
development of four single family residences. Additional background and an analysis of the
request are found in the attached Planning and Zoning Board Staff Report.
At its meeting of April 17, 2006, the Planning and Zoning Board held a public hearing in
conjunction with this Rezoning request. During the Public Hearing, five residents from the
Rabbit Hollowe and Verona Woods subdivisions had questions concerning: environmental uses
regarding potential contamination of the soil and water table by historic nursery uses, future
rezoning requests that may seek to increase density, and access concerns from Old
Germantown Road. After reviewing the staff report and discussing the proposal, the Board
unanimously voted 7-0 to recommend approval of the Rezoning request by adopting the
findings of fact and law contained in the staff report, and finding that the requests and approval
thereof are consistent with the Comprehensive Plan and meet criteria set forth in Section
2.4.5(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning
Actions) of the Land Development Regulations.
By motion, approve on first reading Ordinance No. 26-06 for Rezoning from A (Agricultural) to
R-1-AAA (Single Family Residential) for the Germantown Road Subdivision, by adopting the
findings of fact and law contained in the staff report, and finding that the request and approval
thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning
Actions) of the Land Development Regulations.
Attachments:
· Ordinance No. 26-06
· April 17, 2006 Planning & Zoning Staff Report
)~A
ORDINANCE NO. 26-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED A (AGRICULTURAL) DISTRICT TO R-l-AAA
(SINGLE FAMILY RESIDENTIAL); SAID LAND BEING A PARCEL
LOCATED AT THE SOUTHEAST CORNER OF OLD
GERMANTOWN ROAD AND RABBIT HOLLOWE DRNE, AS
MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRA Y BEACH, FLORIDA, MARCH 2006";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTNE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated March 2006, as being zoned A (Agricultural) District; and
WHEREAS, at its meeting of April 17, 2006, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to 0
to recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section I. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of R-l-AAA (Single Family Residential)
District for the following described property:
A tract of land lying in the NE 14 of Section 25, Township 46 South, Range 42 East, in Palm
Beach County, Florida, being more particularly described as follows: That portion of the
East 221.23 feet of the SE 14 of the NE 14 of the NE 14 of said Section 25 lying South of
Germantown Road and the East 221.23 feet of the North 323.90 feet of the NE 14 of the SE
14 of the NE 14 of said Section 25.
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date ofthis ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 2 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 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 6. 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 , 200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2
ORD NO. 26-06
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
April 17, 2006
IV.C.
A privately sponsored rezoning involving a tract of land lying in the NE X of
Section 25, Township 46 South, Range 42 East, in Palm Beach County, Florida,
being more particularly described as follows: That portion of the East 221.23 feet
of the SE X of the NE X of the NE X of said Section 25 lying South of
Germantown Road and the East 221.23 feet of the North 323.90 feet of the NE X
of the SE X of the NE X of said Section 25. The rezoning request is from
Agricultural (A) to R-1-AAA (Single Family Residential). (Quasi-Judicial Hearing).
I BOULEVARD
GENERAL DATA:
Owner............................. Bruce D. Cuttler & Hollie A. Cuttler
AgentlApplicant.............. Weiner & Aronson, PA I Bruce D.
Cuttler & Hollie A. Cuttler
Location.......................... 3426 Old Germantown Road
Property Size.................. 2.48 Acres
Future Land Use Map..... LD (Low Density Residential)
Current Zoning............... A (Agricultural)
Adjacent Zoning....North: RM-8 (Multiple Family Residential,
Medium Density 8 du/ac)
East: R-1-AAA (Single Family Residential)
South: R-1-AAA (Single Family Residential)
West: R-1-AAA (Single Family Residential)
Existing Land Use.......... Two Single Family Residences
Proposed Land Use........ Applicant proposes to subdivide the
land into 4 parcels for 4 single family
homes
Water Service................. Water service is available via
service lateral connections to an
existing 8" water main within Rabbit
Hollow right-of-way and a 12" water
main within Old Germantown Road
right-of-way.
Sewer Service................ Sewer service is available via service
lateral connections to an existing Lift
Station located within Rabbit Hollow
Drive.
~
IV.C.
The action before the Board is that of making a recommendation to the City Commission on a
privately initiated rezoning of a tract of land lying in the NE ~ of Section 25, Township 46 South,
Range 42 East, in Palm Beach County, Florida, being more particularly described as follows:
That portion of the East 221.23 feet of the SE ~ of the NE % of the NE % of said Section 25
lying South of Germantown Road and the East 221.23 feet of the North 323.90 feet of the NE %
of the SE ~ of the NE ~ of said Section 25. The privately initiated rezoning area is located
along the south side of Old Germantown Road (3426 Old Germantown Road). The change in
zoning is from A (Agricultural) to R-1-AAA (Single Family Residential) with the purpose of
subdividing the property into four (4) separate parcels to allow four single family residences.
Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning and Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and Rezoning of any property within the City.
The 2.48 acre site has an Agricultural Zoning designation and contains: a one-story 5,976 sq. ft.
single family residence, built in 1967, and a one-story 938 sq. single family residence, built in
1950. The applicant has requested the rezoning for the purpose of subdividing the property
into four (4) separate lots that will meet the required dimensions of the R-1-AAA District for
future development of four single family residences. The proposed rezoning request is now
before the Board for action.
REQUIRED FINDINGS:
Pursuant to LOR Section 3.1.1, prior to the approval of development applications, certain
findings must be made in a form which is part of the official record. This may be
achieved through information on the application, the staff report, or minutes. Findings
shall be made by the body which has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency and Compliance with the Land Development
Regulations.
o Future Land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent
with the applicable land use designation as shown on the Future Land Use Map.
The proposed zoning designation of R-1-AAA (Single Family Residential) is consistent with
the existing Low Density 0-5 du/ac (LD) FLUM designation, and single family residences are
allowed as a permitted use within the R-1-AAA zoning district. Based on the above, positive
findings can be made with respect to FLUM consistency.
o Concurrency: Concurrency, as defined pursuant to Objective B-2 of the Future Land
Use Element of the Comprehensive Plan, must be met and a determination made that
the public facility needs of the requested land use and/or development application
will not exceed the ability of the City to fund and provide, or to require the provision
IV. C.
Planning and Zoning Board Staff Report: Meeting of 04/17/06
Germantown Road Subdivision - Rezoning from A to R-1-AAA
of, needed capital improvements in order to maintain the Levels of Service Standards
established in "fable CI-GOP-1 of the adopted Comprehensive Plan of the City of
Delray Beach.
The proposal involves amending the zoning designation from Agricultural (A) to R-1-AAA
(Single Family Residential) on a 2.48 acres parcel. Concurrency findings with respect to
Parks and Recreation, Solid Waste, Streets and Traffic, Schools, and Water and Sewer are
discussed below:
Parks and Open Space:
The City provides 127 acres of activity based recreation facilities such as tennis, baseball,
basket ball, soft ball and other similar sports. An additional 247 acres are considered
resource based activities such as beaches and lakes for swimming, boating picnicking,
hiking, and other activities excluding golf courses. Within recreation areas, amenities and
facilities are provided to meet the demand for leisure opportunities fOr all segments of the
community. The City of Delray Beach provides a ratio of eight (8) acres of park and
recreational facilities per 1,000 people while the current national ratio is 3 acres of park and
recreational facilities per 1,000 people. This indicates that the City far exceeds the national
standards and will have sufficient recreation facilities to accommodate the impact of 6
additional persons from the four proposed single family residences [(2.7 persons x 4 lots =
10.8) - (5.4 generated by existing two lots)].
Solid Waste: The solid waste currently generated by the two existing single family
residences is 3.98 tons per year (2 units x 1.99 tons/unit = 3.98 tons. The proposed four
single family homes will generate 7.96 tons per year (4 units x 1.99 tons/unit = 7.96). The
total waste generated will be increased by 3.98 tons per year (7.96 - 3.98 = 3.98 tons/
year). The Solid Waste Authority has indicated that its facilities have sufficient capacity to
handle all development proposals until the year 2021.
Streets and Traffic:
The subject property is accessible from Germantown Road. The Germantown Subdivision
(aka Cuttler property) is an existing community (two single family homes) that generates 20
ADT (Average Daily Trips) and complies with the Traffic Performance Standards in Article
12 of the Palm Beach County Land Development Code. The proposed four single family
units will generate 40 ADT (Average Daily Trips). Adequate capacity exists on Germantown
Road to accommodate the additional traffic generated from the proposed use. Based upon
the above a positive finding with respect to traffic concurrency can be made. [Note: 10 ADT
per single family, 7 ADT per multifamily].
Schools: A letter has been received indicating that the Palm Beach County School District
has approved the request for concurrency to accommodate four single family residences on
the subject property.
Water and Sewer: Water service is available via service lateral connections to an existing
8" water main within Rabbit Hollow right-of-way and a 12" water main within Old
Germantown Road right-of-way. One (1) fire hydrant presently exists on the southwest side
of the property. Sewer service is available via access to a lift station located within Rabbit
Hollow Drive. 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
2
IV.C.
Planning and Zoning Board Staff Report: Meeting of 04/17/06
Germantown Road Subdivision - Rezoning from A to R-1-AAA
for the City at build-out. Based upon the above, positive findings can be made with respect
to this level of service standard.
o Consistency: Compliance with the performance standards set forth in LOR Section
3.2.2, along with the required findings in LOR Section 2.4.5(0) (5), 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 making a finding
of overall consistency.
(A)The most restrictive residential zoning district that is applicable given existing
development patterns and typical lot sizes shall be applied to those areas identified as
"stable" and "stabilization" on the Residential Neighborhood Categorization Map.
Requests for rezoning to a different zoning designation, other than Community Facilities,
Open Space, Open Space and Recreation, or Conservation shall be denied.
(B) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not
be permitted west of 1-95.
(C) Zoning changes that would result in strip commercial development shall be avoided.
Where strip commercial developments or zoning currently exists along an arterial street,
consideration should be given to increasing the depth of the commercial zoning in order
to provide for better project design.
(D) That the rezoning shall result in allowing land uses which are deemed compatible with
adjacent and nearby land use both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly mitigate adverse impacts from the
new use.
(E) Remaining, isolated infill lots within the coastal planning area shall be developed under
zoning which is identical or similar to the zoning of adjacent properties; and, the
resulting development shall be of a design and intensity which is similar to the adjacent
development.
LOR Section 3.2.2: Standards B, C and . E are not applicable. The applicable
performance standard of LOR Section 3.2.2 are as follows:
(A) The most restrictive residential zoning district that is applicable given existing
development patterns and typical lot sizes shall be applied to those areas identified as
"stable" and "stabilization" on the Residential Neighborhood Categorization Map.
Requests for rezoning to a different zoning designation, other than Community Facilities,
Open Space, Open Space and Recreation, or Conservation shall be denied.
The subject property is classified in the Residential Neighborhood Categorization Map of the
Comprehensive Plan as an STB (Stable) neighborhood. The neighborhood has no apparent
signs of physical or property value decline and no significant improvements are currently
needed. Thus, given the existing development patterns to the east, west, and south of the
subject property, it appears appropriate to apply a zoning designation of R-1-AAA as the
most restrictive residential zoning in terms of similar intensity.
3
IV.C.
Planning and Zoning Board Staff Report: Meeting of 04/17/06
Germantown Road Subdivision - Rezoning from A to R-1-AAA
(0) That the rezoning shall result in allowing land uses which are deemed compatible with
adjacent and nearby land use both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly mitigate adverse impacts from the
new use.
The following table identifies the zoning designations and uses that are adjacent to the
subject property:
Zonina: Use:
North Multiple Family Residential- Medium Density (RM-8) Highland Grove States Townhouse
Development
South Single Family Residential (R-1-AAA) Verona Woods Subdivision
East Single Family Residential (R-1-AAA) Verona Woods Subdivision
West SinQle Family Residential (R-1-AAA) Rabbit Hollowe Subdivision
As noted in the above table, the surrounding properties are zoned either R-1-AAA or RM-8.
Given the prevailing land use patterns it appears appropriate to modify the zoning from
Agricultural (A) to R-1-AAA (Single Family Residential). Therefore, the proposed rezoning
of the subject property from Agricultural (A) to R-1-AAA (Single Family Residential) poses
no incompatibilities with the surrounding properties. The proposal to build four single family
residences will be consistent with adjacent land use patterns. Based upon the above,
positive findings with regard to LOR Section 3.2.2(0) could be made.
LOR Section 2.4.5(0) (5) - RezoninQ Findinqs:
Pursuant to LOR Section 2.4.5(0) (5), in addition to provisions of Chapter Three, the City
Commission must make a finding that the rezoning fulfills one of the reasons for which the
rezoning change is being sought. These reasons include the following:
(a) That the zoning had previously been changed, or was originally established, in error;
(b) That there has been a change in circumstances which make the current zoning
inappropriate; or
(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 following is an excerpt from the applicant's justification statement:
"There has been a change in circumstances which make the current zoning of
agriculture inappropriate. In fact, the property is surrounded by R-1-AAA zoning. The
rezoning of this portion of the quadrant would greatly assist in finalizing a single family
residential zoning district south of Old Germantown Road': Clearly an R-1-AAA zoning
designation would be more complimentary to the surrounding residential properties.
Additionally, the requested R-1-AAA zoning is of similar intensity as allowed under the
Future Land Use Map. The Future Land Use Map designation of LD (Low Density
Residential) is consistent with the R-1-AAA zoning district.
4
IV.C.
Planning and Zoning Board Staff Report: Meeting of 04/17/06
Germantown Road Subdivision - Rezoning from A to R-1-MA
The Agriculture (A) Zone District provides a means to allow existing agricultural uses to
continue and be expanded upon as permitted uses within the City. The (A) designation may
also be affixed to properties at the time of annexation, in which case. the designation shall
serve as a holding zone. The land use designation matrix in the Comprehensive Plan and the
intent of the Agricultural District in the Land Development Regulations both clearly state that the
Agricultural Designation may often be used as a holding zone for all Future Land Use Map
designations except for the Rural Residential designation where it is permanent zoning. Given
the current use of the property for residential development and not agricultural use, good urban
planning dictates that the zoning on the property should be consistent with the prevailing land
use pattern in the area and the agricultural holding zone be eliminated. Thus, it would appear
appropriate and complimentary to adjacent land uses to change the existing Agricultural zoning
to R-1-AAA (Single Family Residential).
According to the applicant, the basis for which the rezoning is being sought relates to reasons
(b) and (c). Staff agrees ~ith the applicant that the change in circumstances, in relation to the
prevailing land use patterns to the east and west, appears to indicate that it is more appropriate
to modify the zoning of the subject property to R-1-AAA.
If consideration is given to modify the zoning designation, then a designation consistent with the
prevailing Future Land Use Map designation of Low Density Residential (LD) to the east and
west should be given. The existing FLUM (LD) and proposed zoning (R-1-AAA) designations
are of identical intensity as the surrounding properties. Further, the zoning is appropriate for
the subject property as it will further Objective A-1 of the Future Land Use Element of the
Comprehensive Plan which clearly states that property shall be redeveloped in the manner so
that the use and intensity is appropriate and complimentary to adjacent land uses and fulfills the
remaining land use needs. Thus, the request fulfills the necessary rezoning findings as per
LOR Section 2.4.5(0) (5).
COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the
adopted Comprehensive Plan was conducted and the following applicable objectives
and policies are noted:
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent
land uses, and fulfills remaining land use needs.
The Germantown Road Subdivision (AKA Cuttler property) contains two single family units.
Under the LD (Low Density Residential) FLUM designation, a range of 0 to 5 du/ac is allowed.
The requested zoning designation of R-1-AAA is compatible with the adjacent development
patterns and would be similar to properties to the east and west (Rabbit Hollowe and Verona
Woods Subdivisions). The property immediately to the north across Germantown Road, is
currently designated RM (Multiple Family Residential) with a zoning designation of RM-8 and
has been approved for the Highland Grove States Townhouse Development.
Housina Element Obiective B-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, and meet the
housing needs identified in this Element. Policies, which will implement this objective,
include:
5
IV.C.
Planning and Zoning Board Staff Report: Meeting of 04/17/06
Germantown Road Subdivision - Rezoning from A to R-1-AAA
Housinq Policy A-12.3: In evaluating proposals for new development or redevelopment,
the City shall consraer 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.
As noted previously, the proposed R-1-AAA zoning of the subject property will aid in the
development and stability of the area since the use and intensity is appropriate and
complimentary to adjacent land uses.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Future redevelopment of the 2.48 acre parcel of land can occur in accordance with the City's
Land Development Regulations. During the building permit process, the development proposal
will be reviewed for compliance with the LDRs. The applicant has indicated an intent to develop
the subject property with four single family residential units. At this time, no issues can be
identified which would prohibit compliance with the requirements of the R-1-AAA zoning district.
Given the above, a positive finding with respect to compliance with the Land Development
Regulations can be assumed.
The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Neighborhood Advisory Council
o Carolyn Zimmerman, President's Council
o Gerry Franciosa, Progressive Residents of Delray (P.R.O.D.)
o Rabbit Hollowe HOA
o Verona Woods HOA
o Oakmont HOA
o Spanish Wells HOA
o Crosswinds HOA
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of support or objection, if any, will be presented at the Planning and Zoning
Board meeting.
The proposed rezoning from Agricultural (A) to R-1-AAA (Single Family Residential) is
consistent with the goals, objectives and/or policies of the Comprehensive Plan, and LOR
Sections 2.4.5(0) (5), 3.1.1 and 3.2.2(0). Positive findings can be made with respect to
6
IV.C.
Planning and Zoning Board Staff Report: Meeting of 04/17/06
Germantown Road Subdivision - Rezoning from A to R-1-MA
Concurrency and Compatibility with the surrounding land uses. The rezoning will allow
development of fout single family residential units. Based upon the above, the proposed
rezoning should be recommended for approval.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of a privately sponsored
rezoning involving a tract of land lying in the NE % of Section 25, Township 46 South,
Range 42 East, in Palm Beach County, Florida, being more particularly described as
follows: That portion of the East 221.23 feet of the SE % of the NE % of the NE % of said
Section 25 lying South of Germantown Road and the East 221.23 feet of the North 323.90
feet of the NE % of the SE % of the NE % of said Section 25, from Agricultural District (A) to
R-1-AAA (Single Family Residential), by adopting the findings of fact and law contained in
the staff report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and
3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission of a privately sponsored rezoning
involving a tract of land lying in the NE % of Section 25, Township 46 South, Range 42
East, in Palm Beach County, Florida, being more particularly described as follows: That
portion of the East 221.23 feet of the SE % of the NE % of the NE % of said Section 25 lying
South of Germantown Road and the East 221.23 feet of the North 323.90 feet of the NE %
of the SE % of the NE % of said Section 25, from Agricultural District (A) to R-1-AAA (Single
Family Residential), by adopting the findings of fact and law contained in the staff report,
and finding that the request and approval thereof is inconsistent with the Comprehensive
Plan and does not meet the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the
Land Development Regulations.
Move a recommendation of approval to the City Commission for a privately sponsored rezoning
of a tract of land lying in the NE % of Section 25, Township 46 South, Range 42 East, in Palm
Beach County, Florida, being more particularly described as follows: That portion of the East
221.23 feet of the SE % of the NE % of the NE % of said Section 25 lying South of Germantown
Road and the East 221.23 feet of the North 323.90 feet of the NE % of the SE % of the NE % of
said Section 25, from Agricultural District (A) to R-1-AAA (Single Family Residential), by
adopting the findings of fact and law contained in the staff report, and finding that the request
and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth
in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Attachments: Location Map
Staff Report Prepared by: Estelio Breto, Senior Planner
7
IV.C.
/'=
~ I
CANAL
~~
I ~ TOWNHOMES
LINTON
L-36
I
~ OSR(
N
-
CITY OF DEtRA Y BEACH, Fl
PLANNING'" ZONING DEPARTMENT
-- DIGITAL BASE MAP SYSTEM --
1-
I~
I '/
I
BOULEVARD
I
(' ^ "I ^ I
I <,7
\
c~
,~
~~ !
"
------
w
>
lk:
0-
-
lk:
W
~
~-
W
W
lk:
o
-
ftR
\ I U
~~I
FRO~: A (AGRICULlURAL) TO: R-l-AAA (SINGLE FA~ILY RESIDENTIAL)
~
~/\
CUTLER PROPERTY
- REZONING -
MAP REF: LM924
d. v d'f'
C)~~I
100
ANNOUNCEMENTS
10] Legal
\' otices
CITY OF DELRAY BEACH,
flORIDA
NoncE OF PUBLIC HEARING
A PUBLIC HEARING will be held on
the following proposed ordinances at
7:00 p.m. on TUESDAY. MAY 16,
2006 or at any. continuation. of such
meeting whrch is set by the
Commission},.in the City Commission
Chambers, 100 N.W. 1st Avenue. Oel-
ray Beach, Aorida, at which time the
City Commission will consider their
adoption; The, proposed ordinances
may be inspected at the Office of the
City Clerk at City Hall, 100 NW 1st
Avenue. Delray Beach. _ Florida, be.
tween the hours of 8:00 B.m. and 5:00
p.rn:. Monday through Friday. except
holidays. AHinterest~ parties are in-
vited to attend and ,be heard with re-
spect to the proposed ordinances.
ORDINANCE NO. 26~
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY
ZONED A (AGRICULTURAL) DIS-
TRICT TO R-f-AM (SINGLE FAMILY
RESIDENTIAL); SAID lAND BEING A
PARCEL LOCATED AT THE SOUTH.
EAST CORNER OF OlD GERMAN- '
TOWN ROAD AND RABBIT HOL,
LOWE DAIVE AS MORE PARTlCU,
LARLY DESCRIBED HEREIN:
AMENDING 'ZONING MAP OF DEL,
RAY BEACH. flORIDA. MARCH
2006': PROVIDING A SAVING
CLAUSE. A GENERAL REPEALER
,CLAUSE. AND AN EFFECTIVE
DATE
ORDINANCE NO. 2H6
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, flORIDA. AMENDING THE
LAND DEVELOPMENT REGULA,
TlONS OF THE CITY OF DELRAY
BEACH. FLORIDA. BY AMENDING
SECTION 4.3.3. 'SPECIAL RE,
OUIREMENTS FOR SPECIFIC
USES'. BY ENACTING A NEW sUB-
SECTION 4.3.3(ZZ).
'PERMANENTLY INSTALLED GEN"
ERATORS', TO PROVIDE FOR THE
REGULATION OF PERMANENTLY
INSTAllED GENERATORS: AND BY
AMENDING SECTION 4.3.4(H)(4).
'STRUCTURES ALLOWED IN SET,
BACKS', TO AllOW FOR PERMA.
NENTLY INSTALLED GENERA,
TORS: PROVIDING.A. SAVING
CLAUSE. A GENERAL REPEALER
CLAUSE AND AN EFFECTIVE DATE
ORDINANCE NO. 29_~
AN ORDINANCE OF THE CITY COM,
MISSION OF THE CITY OF DELRAY
101 Legal
:\ otices
BEACH. flORIDA. AMENDING THE
LAND DEVELOPMENT REGULA,
TIONS OF THE CODE OFOROI,
NANCES. BY AMENDING SECTION
4.3.4. 'BASE DISTRICT DEVELOp.
MENT 'STANDARDS'.' SUBSECTION
4.3.4(K). 'DEVELOPMENT STAN. .
DARDS MATRIX', TO CLARIFY THE
SETBACK FOR THE THIRD STORY
OF A THREE STORY BUILDING IN
RESIDENTIAL ZONING DISTRICTS:
PAOVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE D~Tl'. ...'
Please be advi5ed that if a person de.:'
cides to appeal 'anydecisIDn made by
c C' C ti./lO i AAhe.."
JIl] Legal
Notices
the - City Commission with respect to
any matter considered at these hear-
ings, such person may need to ensure
that a verbatim record indudes 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
CITY OF ORRAY BEACH
CheYe!1e O. Nubin
CilyClerk
PUBliSH Friday. May 5. 2006
Boca AatonlDelray Beach News
Co)
=
co
o
<>
'"
:D
a
o
:::>
o
CD
~
'<
co
CD
'"
<>
=
z
CD
:;:
en
I
:J;1
c:
~
en
a
~
a.
'"
""
s:
'"
'<
U1
9>
N
o
o
'"
.
i
c-
o
<>
'"
:::>
'"
:;:
en
(-,
o
3