39-96 ORDINANCE NO. 39-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
D~.LRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) AND RO
(RESIDENTIAL OFFICE) IN THE SAD (SPECIAL ACTIVITIES
DISTRICT); SAID LAND BEING LOCATED IN THE SILVER TERRACE
SUBDMSION, AS MORE PARTICULARLY DESCRIBED HEREIN;
ESTABLISHING THE USES ~ FOR THE SUBJECT PROPERTIES
UNDER THE SAD ZONING; PROVIDING FOR AN EXPIRATION DATE
OF THE SPECIAL ACTIVITIES DISTRICT ZONING
CLASSIFICATION; AND AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 2.4.5(D), the Planning and Zoning
Board reviewed the subject matter at public hearing on June 10, 1996, aDx~
voted 6 to 0 to recommend that the request be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning
and Zoning Board, sitting as the Local Planning Agency, has determined that
the change is consistent with and furthers the objectives and policies of
the Comprehensive Plan.
NC~, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City of
Delray Beach, Florida, is hereby zoned and established in the SAD (Special
Activities District) as defined in Section 4.4.25 of the Land Development
Regulations of the City of Delray Beach, to-wit:
Lots 1 thru 17, inclusive, Block 2; Lots i thru !5,
inclusive, Block 3; Lots ! thru 10, inclusive, Block 4;
Lots 1 thru 10, inclusive, Block 5; Lots 7 thru 25,
inclusive, Block 6; together with the parcel of land
labeled "Park" at Wilson Avenue and Park Avenue; and
adjacent rights-of-way, all lying within the SILVER
TERRACE SUBDMSION, according to the Plat thereof as
recorded in Plat Book 11, Page 61, Public Records of
Palm Beach County, Florida.
The subject property is located at the southeast corner
of Old Dixie Highway and S.E. 10th Street; containing
14.74 acres, more or less.
Section 2. That the uses allowed for the subject properties
described in Section 1, above, pursuant to Section 4.4.25 of the Land
Development Regulations of the City of Delray Beach, shall be as follows:
(1) For Lots 4-10, Block 4, and Lots 24-25, Block 6, the uses
allowed are intended to provide the opportunity to locate limited retail
service uses in a manner convenient to and yet not disruptive of residential
areas, as described below.
(a) All uses listed as Principal, Conditional, or Accessory
uses within the NC (Neighborhood Commercial) zoning
district regulations, but excl~ ng the sale of
convenience foods and beverages;
(b) A single family residence, either separate or within a
structure housing a nonresidential use, provided that
the residence is occupied by the owner, proprietor, or
employee of a business enterprise conducted on the
property.
(2) For Lots 8 and 9, Block 4, the following use is permitted in
addition to the uses listed under Subsection (1) above:
(a) Full service automobile repair, subject to the
limitations contained in Section 3, Subsection ( 1 ).
(3) For Lots 7 and 10, Block 4, the following use is permitted in
addition to the uses listed under Subsection (1) above:
(a) Expansion of the existing automobile repair facility
located on Lots 8 and 9, Block 4, subjec= to the
limitations contained in Section 3, Subsection (1).
(4) For Lots 1-3, Block 4, and Lots 9-10, Block 5:
(a) Principal Uses as listed in the RD (Residential Office)
zoning district regulations.
(b) Conditional Uses as listed in the RD (Residential
Office) zoning district regulations.
(c) Accessory Uses as listed in the RD (Residential Office)
zoning district regulations.
- 2 - Ord. No. 39-96
(5) For Lots 1-17, Block 2, Lots 1-15, Block 3, Lots 1-7, Block
5, and Lots 7-23, Block 6:
(a) Permitted Uses:
(i) Multiple Family Residential Structures with three
(3) or more units
(ii) Single Family Detached Dwellings
(b) Conditional Uses as listed in the RM (Medium Density
Residential) zoning district regulations.
(c) Accessory Uses as listed in the RM (Medium Density
Residential) zoning district regulations.
(6) For Lot 23, Block 6, the following use is permitted in
addition to the uses listed under Subsection (5) above:
(a) Parking in conjunction with a nonresidential use on Lots
24 and 25, Block 6; provided that no access exists from
Miami Boulevard.
(7) All uses listed as Conditional Uses in the zoning district
regulations referred to herein must be approved pursuant to Land Develolznent
Regulations Section 2.4.5(E), "Establishment of Conditional Use".
Section 3. In addition to the requirements of LDR Section 4.4.25
(Special Activities District), the develolmnent of, and improvements to, the
subject properties described in Section 1, above, shall be in accord_mnce
with the following Special Regulations:
(1) Except for single family homes, the est_~blishment of any new
use or the modification of an existing use is subject to the site plan
approval process.
(2) Building setbacks for individual nonresidential developments
within the SAD district shall be as follows:
Front: 15 feet
Interior side: 10 feet
Street side: 15 feet
Rear: !0 feet
- 3 - Ord. No. 39-96
The rear setback is to be a landscaped buffer which shall contain
a hedge a minimum of 4-1/2 feet tall at the time of planting and a shade
tree for every 25 feet, or fraction thereof, of the rear property line.
(3) Nonresidential structures shall take access from Dixie
Highway or S.E. 10th Street. Where it is impossible or inappropriate to
provide access from those streets, the Site Plan B~view and Appearance Board
may approve an alternative access.
(4) Within eighteen (18) months of adoption of the ordinance
establishing the SAD zoning on the subject property, the existing Full
Service Automobile Repair use located on Lots 8-9, Block 4, shall apply for
site and development plan approval and install all improvements required to
bring the site into compliance with all LDR requirements. If the required
improvements are not installed, the use will revert to its current
non-comforming status.
(5) Residential development shall be pursuant to the density
limitations and development standards of the BM (Mextium Density Residential)
zoning district, except as modified below:
(a) Residential structures shall take access from the local
streets in the subdivision. No new driveway connections
to Dixie Highway are permitted.
(b) Multiple family residential structures shall be in the
form of townhouses on platted fee-simple lots or a
residential condominium.
(c) Multiple family developments shall have a minimum
development area of one (1) acre.
(d) Tandem parking may be counted toward minimum parking
requirements for townhouse units with garages.
(e) Rear setbacks, and setbacks along the perimeter of the
SAD, shall be 15 feet.
Section 4. The Planning Director of said City shall, upon the
effective date of this ordinance, amend the Zoning Map of the City of Delray
Beach, Florida, to conform to the provisions of Section ! hereof.
Section 5. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
- 4 - Ord. NO. 39-96
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 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 invalid.
Section 7. 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 17th day of September, 1996.
ATYEST: ~A ~
City Clerk ~ /
First Reading September 3~. 1996
Second Reading September 17, 1996
,~ - 5 - O~cl. No. 39-96
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~!
SUBJECT: AGENDA ITEM ~ /D~ - MEETING OF SEPTEMBER 17, 1996
SECOND READING & PUBLIC HEARING FOR THE SILVER TERRACE
RET, ONINGS
DATE: SEPTEMBER 12, 1996
This is before the Commission to conduct a quasi-judicial public
hearing and consider approval on second reading of the zoning changes
associated with the implementation of the Silver Terrace Redevelopment
Plan.
Ordinance No. 39-96 rezones properties in the Silver Terrace
subdivision to SAD (Special Activities District) and identifies the
permitted uses for the various parcels. Ordinance No. 40-96 rezones
the residential area on the north side of S.E. 12th Road (within Block
6 of Lambert Trailer Court) to R-1-A to reflect the existing single
family homes. The existing trailer park will retain its MH (Mobile
Home) District zoning.
The Planning and Zoning Board considered these rezonings at public
hearing on June 10, 1996, and voted 6 to 0 to recommend that the
zoning changes be approved. At first reading of the ordinances on
September 3rd, the Commission voted 4 to 0 that they be approved.
B~commenxt approval of Ordinance No. 39-96 and Ordinance No. 40-96 on
second and final reading, based upon positive findings and
recommendations of the Planning and Zoning Board, and consistency with
the adopted Silver Terrace B~development Plan.
ref: agmemo 18
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~,.,,~/l
SUBJECT: AGENDA ITEM ~ /~ ~ - MEETING OF SEP~R 3, 1996
SILVER TERRACE REZONINGS
DATE: AUGUST 30, 1996
This is before the Commission to approve on first reading the zoning
changes associated with the implementation of the Silver Terrace
Redevelopment Plan.
Oz~__~nance No. 39-96 rezones properties in the Silver Terrace
subdivision to SAD (Special Activities District) and identifies the
permitted uses for the various parcels. Ordinance No. 40-96 rezones
the residential area on the north side of S.E. 12th Road (within Block
6 of Lambert Trailer Court) to R-1-A to reflect the existing single
family homes. The existing trailer park will retain its MH (Mobile
Home) District zoning.
The Planning and Zoning Board considered these rezonings at public
hearing on June 10, 1996, and voted 6 to 0 to recommend that the
zoning changes be approved.
Recommend approval of Ordinance No. 39-96 and Ordinance No. 40-96 on
first reading, based upon positive findings and recommendations of the
Planning and Zoning Board, and consistency with the adopted Silver
Terrace Redevelopment Plan.
ref: agmemo 18
TO: DAVID T. HARDEN
CITY MANAGER ~~~~ ~ ,~~
THRU: DIANE DOMINGUEZ, DIRECTOR ~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 3, t996
CHANGE OF ZONING FROM RO (RESIDENTIAL OFFICE), RM
(MEDIUM DENSITY RESIDENTIAL) AND MH (MOBILE HOME)
DISTRICTS TO SAD (SPECIAL ACTIVITIES DISTRICT) AND R-I-A
(SINGLE FAMILY RESIDENTIAL) FOR THE SILVER TERRACE
REDEVELOPMENT AREA
The action requested of the City Commission is approval of the zoning changes
associated with the implementation of the Silver Terrace Redevelopment Plan. The
proposal is to rezone the portion of the Floranda Mobile Home Park that is developed
as single family homes from MH to R-l-A, and to rezone the entire Silver Terrace
subdivision to SAD.
This property has an extensive development history, which is detailed in the Silver
Terrace Redevelopment Plan that was adopted by the City Commission on March 5,
1996. The zoning changes described in the attached Planning and Zoning Board staff
report will implement the provisions of that plan. In brief, a Special Activities District
(SAD) is being created which will allow the following:
· Limited commercial and office development along the portion fronting on S.E.
10th St.
· Limited commercial and office development along Dixie Highway north of
Wilson Avenue only.
· An 18-month window for Miracle Mile Motors to upgrade and/or expand their
auto repair use.
· Single or multi-family development in the remainder of the subdivision,
subject to certain development standards.
City Commission Documentation
Rezonings Associated With the Silver Terrace Redevelopment Area
Page 2
The Floranda Mobile Home Park will retain its MH zoning; however, the single family
homes located within the park are being rezoned to R-1-A (Single Family Residential).
The Planning and Zoning Board considered this item at its meeting of June 10, 1996.
Russell Warren of Rusty Plumbing objected to the fact that his use would remain
nonconforming. There was no other public testimony taken. The Board voted 6-0 to
recommend approval of the zoning changes.
In the time since the Board's meeting, certain changes were made to the proposed
SAD ordinance in order to clarify the allowable uses, and the applicable development
standards (i.e. setbacks).
By motion, approve the change in zoning from RO (Residential Office) and RM
(Medium Density Residential) to SAD (Special Activities District); and from MH (Mobile
Home) to R-1-A (Single Family Residential) for portions of the Silver Terrace
Redevelopment Area as described in the attached ordinances; based upon positive
findings and recommendations of the Planning and Zoning Board, and consistency with
the adopted Silver Terrace Redevelopment Plan.
Attachments:
· P & Z Board Staff Report of June 10, 1996
· Ordinance Rezoning Properties to SAD
· Ordinance Rezoning Properties to R-1-A
PLANNING AND ZONING BOARD
CITY OF DEEP, AY BEACH ---STAFF REPORT---
MEETING DATE: June 10, 1996
AGENDA ITEM: II.A.3b.
ITEM: Rezoning from RO (Residential Office) and RM (Multiple Family Residential-Medium
Density) to SAD (Special Activities District) and a Portion of the MH (Mobile Home)
to R-1-A (Single Family Residential), Associated with the Implementation of the
Silver Terrace Redevelopment Plan.
GENERAL DATA:
Owners ............................................... Vadous
Applicant ............................................ David C. Harden
City of Delray Beach
Location .............................................. South of S.E. 10th Street, East of
Dixie Highway, West of U.S.
Highway No. 1, and North of Linton
Blvd.
Property Size ...................................... 19.67 Acres
Future Land Use Map ......................... Redevelopment Area #4
Current Zoning .................................... RM, RO, MH
Proposed Zoning ................................ SAD, R-l-A, & MH
Adjacent Zoning ........................ North: CF (Community Facilities), POC
(Planned Office Center), R-l-A, and
RM
East: RM, and PC (Planned Commercial)
South: GC (General Commercial), and PC
West: R-l-A, and I (Industrial)
Existing Land Use ............................... Existing single family residences,
multiple family residential
properties, commercial and
industrial structures, vacant parcels,
and mobile home parcels.
Proposed Land Use ............................ Rezoning from Residential Office
and Multiple Family Residential to
Special Activities District, and a
portion of the Mobile Home to
Single Family Residential, as
appropriate, to implement the
provisions of the Silver Terrace
Redevelopment Plan. .~o~s
Water Service .................................... Existing on site. ~o~
Sewer Service .................................... Existing on site.
LIN TON BOULEVARD
II.A3b.
The action before the Board is making a recommendation on the following rezoning
requests:
Q From RM (Multiple Family Residential) to SAD (Special Activities
District) for Lots 1-17, Block 2; Lots 1-15, Block 3; Lots 1-10, Block 4;
Lots 1-8, Block 5; and Lots 7-25, Block 6, Silver Terrace; together with
the park parcel;
r~ From RO (Residential Office) to SAD (Special Activities District) for
Lots 9-10, Block 5, Silver Terrace; and
E] From MH (Mobile Home) to R-1-A (Single Family Residential) for the
west 490 feet of Lot 6, Lambert Trailer Court.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a
recommendation to the City Commission with respect to rezoning of any property within
the City.
With the adoption of the Comprehensive Plan in 1989, the City designated the Silver
Terrace area as Redevelopment Area # 4 on the Future Land Use Map. Future Land
Use Element Policy C-2.7 requires the preparation of a redevelopment plan for the
area, which includes the installation of required infrastructure and the establishment of
FLUM designations for all properties in the area. The redevelopment plan was
completed and was adopted by the City Commission at its meeting of March 5, 1995.
The proposed rezonings are those required to implement the redevelopment plan.
The development proposal is to rezone the above referenced parcels to implement
provisions of the Silver Terrace Redevelopment Plan. The provisions of the plan call for
rezonings of properties in the Silver Terrace subdivision to SAD. The SAD ordinance
identifies the permitted uses for parcels within the redevelopment area as follows:
Block 4 - Lots I through 3, and Block 5, Lots 9 & 10: Allows uses as allowed in
the RO (Residential Office) zoning district
Block 4 - Lots 4 through 10, and Block 6, Lots 24 and 25: Allows uses as
allowed in the NC (Neighborhood Commercial) district, excluding convenience stores.
Planning & Zoning Board Staff Report
Rezonings Associated with the Silver Terrace Redevelopment Plan
Page 2
Block 4 - Lots 8 and 9: In addition to the NC uses, the existing auto repair
(Miracle Mile Motors) is allowed as a permitted use. The ordinance will require that the
property owners of the auto repair facility process a site plan and make improvements
to the site within 18 months of approval of the SAD. If the owner does not process a
site plan and install the proposed improvements in that time frame, the use will revert to
is current non-conforming status.
Block 4 - Lots 7 and 10: In addition to the NC uses, Miracle Mile Motors is
permitted to expand onto one or both of these lots, provided that the 18-month time limit
to establish the use is met.
Block 6, Lot 23 - May either be developed as a residential use, or may be used
for parking for the nonresidential use on Lots 24 and 25, provided that there is no
access from Miami Boulevard.
For the remainder of the Silver Terrace subdivision, permitted uses will be those listed
in the RM district, excluding duplexes. Certain restrictions will apply to the type of
development that is permitted. The single family residential area along 12th Road
(within Block 6 of Lambert Court) will be rezoned to R-l-^, and the existing trailer park
will retain its MH zoning.
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 the following four areas.
Future Land Use Map: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use designation.
The current Future Land Use Map designation for the subject properties is
Redevelopment Area ~4. Zoning designations for areas identified as
redevelopment areas on the FLUM are to be determined by the redevelopment
plan prepared for the specific area. As the rezonings implement the adopted
redevelopment plan, the proposed zoning designations are consistent with the
Future Land Use Map designation. Future Land Use Map amendments to
assign the Transitional, General Commercial, and Medium Density Residential
FLUM designations that are consistent with the redevelopment plan and the
proposed zonings are being processed as a part of Comprehensive Plan
amendment 96-1.
Planning & Zoning Board Staff Report
Rezonings Associated with the Silver Terrace Redevelopment Plan
Page 3
Concurrency: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Streets and Traffic:
The current zoning designations allow for commercial development on approximately
1.8 acres. At a Floor Area Ratio (FAR) of .30, those parcels could be developed with
approximately 24,000 square feet of general retail uses. The balance of the Silver
Terrace subdivision is approximately 6.8 acres of residential land that could be
developed at a maximum of 12 units per acre, or 81 units. Those uses would have the
following trip generation according to the ITE Trip Generation Manual (5th ed.)
formulas:
Shopping Center:
In T = 0.6251nX + 5.985
T = 2,896
less 44.61% passer by rate from PBCTPSO (1113)
T = 1,741
Residential:
81 units * 7 ADT/unit = 567
The area to be rezoned to R-1-A is currently developed with single family residences
and will, therefore create no additional trips. Thus the total potential trip generation for
the area is 2,308 ADT.
The existing uses in the area currently generate the following estimated ADT:
23 single family residences 230 ADT
11 multi-family 77 ADT
5,100 square feet retail 610 ADT
1,240 square feet auto repair 20 ADT
3,000 square feet of industrial 21 ADT
958 ADT
Those trips can be credited against new trips from redevelopment. Thus the net trip
generation for the redevelopment of the area is 1,350 ADT.
Capacity exists on Dixie Highway, SE and SW 10th Street, and Swinton Avenue to
serve the maximum development potential of this site under the proposed zoning
designations.
Planning & Zoning Board Staff Report
Rezonings Associated with the Silver Terrace Redevelopment Plan
Page 4
Based on the above a positive finding can be made at this time with regard to traffic
concurrency.
Water:
Water service is not currently available to the subject parcels. Upgrades required to
adequately serve the area are identified in the redevelopment plan and are
programmed by the Environmental Services Department. City water service will be
provided to the area in the current fiscal year. The Delray Beach water treatment plant
has adequate capacity to serve the City at build out.
Sewer:
Sewer service is not currently available to most of the area and the service provided is
inadequate. Upgrades required to adequately serve the area are identified in the
redevelopment plan and are programmed by the Environmental Services Department.
City sewer service will be provided to the area in the current fiscal year. The South
Central Wastewater Treatment Facility has adequate capacity to serve the City at build
out.
Parks and Recreation:
The Delray Beach Comprehensive Plan Parks and Recreation Element indicates that
the City meets the adopted level of service for parks and recreation facilities for the
ultimate build-out population of the City.
Solid Waste:
The Solid Waste Authority indicates that it has capacity to serve development in the
County at its current LOS of 7.2 pounds per day per capita for the life of the existing
landfill. The current zonings allow for a maximum of 144 total residential units, with an
estimated solid waste generation of 286.56 tons per year. The proposed zoning will
permit a maximum of 81 residential units and approximately 24,000 s.f. of commercial,
with an estimated solid waste generation of 336.39 tons per year. The additional 50
tons of solid waste per year generated by the proposed rezonings will not significantly
affect solid waste disposal LOS.
Consistency: Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of overall
consistency.
Planning & Zoning Board Staff Report
Rezonings Associated with the Silver Terrace Redevelopment Plan
Page 5
Section 3.3.2 (Standards for Rezonin_o Actions): The applicable performance
standards of Section 3.3.2 and other policies which apply are as follows:
A) A rezoning to other than CF within a stable residential area shall be denied.
The proposed rezonings affect only a designated redevelopment area. Thus the
rezonings meet this standard.
B) Affordable housing for moderate and middle income families may be
achieved through increases in permitted density.
The proposed rezonings do not change the permitted density.
C) Additional strip commercial zoning on vacant properties shall be avoided.
This policy shall not preclude rezonings that at the time of rezoning has
improvements on it. Where existing strip commercial areas or zoning exist
along an arterial street, consideration should be given to increasing the
depth of the commercial zoning in order to provide for better project
design.
The proposed SAD affects the size of an existing strip commercial area. While the
depth of existing commercial parcels is not increased, additional commercial land is
created along the perimeter of the development to allow better site design for the
existing uses. The remaining commercial parcels within the Silver Terrace subdivision
will remain non-conforming. The R-1-A area is and remains residential. Thus, the
proposed rezonings meet this standard.
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 Silver Terrace subdivision is located between the Delray Beach Mall and heavy
industrial uses to the south and west and a single family residential neighborhood to the
north. A multiple family development and trailer park are to the east. The multiple
family residential portion of the SAD is clearly compatible with the adjacent uses. The
commercial portion of the SAD makes an existing commercial area conforming and
allows for improvements to make that area more compatible with adjacent properties.
The uses permitted in the commercial area will be limited to those that will primarily
serve the surrounding residential area, thus limiting traffic generation and other
nuisances. Thus, the proposed rezonings meet this standard.
The rezoning of the 12th Road parcels to R-1-A allows single family residential
development in an existing development of single family residences and trailer homes.
Standards "A" and "B" do not apply to the proposed rezonings.
Planning & Zoning Board Staff Report
Rezonings Associated with the Silver Terrace Redevelopment Plan
Page 6
Section 2.4.5(D)(5) (Rezonin_~ Findin_us):
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:
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;
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 appropriate reasons for the proposed rezonings are "b" and "c," based on the
following:
The Comprehensive Plan identifies the Silver Terrace Area as Redevelopment Area #4.
Development in the area is to be guided by a redevelopment plan adopted by the City
Commission. The Commission adopted the Silver Terrace Redevelopment Plan at its
meeting of March 5, 1996. The adoption of the plan significantly changes the
circumstances in the area by outlining a vision for the future development of the area.
The proposed rezonings implement the provisions of the adopted plan.
In order to implement the adopted redevelopment plan, FLUM designations for the area
are being amended as directed in the plan. The proposed zoning districts are of similar
intensity to the new FLUM designations and will be more appropriate than the existing
zonings, based on the adopted plan. The intensity of development in the area is not
significantly changed by the proposed rezonings. The adoption of the redevelopment
plan establishes the City's finding that the proposed zonings are more appropriate than
the existing.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following was found:
Future Land Use Element Policy C-2.7 The following pertains to the
redevelopment of the Silver Terrace Area:
This area involves the old Silver Terrace Subdivision which is zoned RM and
contains some mixed use but is primarily single family. It also involves the
adjacent land use of the Floranda Mobile Home Park which is a well maintained
Planning & Zoning Board Staff Report
Rezonings Associated with the Silver Terrace Redevelopment Plan
Page 7
land use but which may, in the future, be inappropriate for its location along
Federal Highway adjacent to a regional shopping mall.
Data and analysis pertaining to a redevelopment plan for the area have been
completed. While not conclusive, the results indicate that the most appropriate
course of action for this area is to provide for a "pocket CRA" or its annexation
into the CRA boundaries, and completion of a redevelopment plan which provides
for the following:
· Aggregation of the properties to allow for a unified development that is
a minimum of 10 acres in size. While the most desirable plan would
include both the Silver Terrace subdivision and the mobile home park, it
is understood that the cost of relocating mobile home residents may
make its inclusion infeasible.
* A mix of residential and non-residential uses provided however, that the
nonresidential uses are of a type and scale that will primarily serve the
residents of the area; and that such uses do not comprise more than
15% of the total land area.
· Residential densities of up to 25 dwelling units per acre; subject to the
provision of adequate open space, common areas, and recreational
amenities; and the appropriate spacing and massing of structures.
* The lead agency for completion and implementation of the plan rests
with the City.
· Upon completion of the redevelopment plan, rezoning of the property to
SAD (Special Activities District).
In order to ensure the financial feasibility of the redevelopment plan, the City may
contribute funding to the extent permitted by law, and in a manner that is
consistent with the goals, objectives, and policies of the Comprehensive Plan.
This redevelopment plan shall be completed in FY 94/95.
Should the redevelopment plan for the area not be substantially in process by
October, 1995, the City shall process to install programmed infrastructure.
The City Commission reached the conclusion that redevelopment of the area pursuant
to the above described scenario is not financially feasible. Instead, the City has
prepared a more modest redevelopment plan for the area which includes the
designation of uses as described within this report, modifications to the street layout,
and the installation of infrastructure. The City Commission adopted the plan at its
meeting of March 5, 1996. The rezonings being considered at this time fulfill the
provisions of the adopted plan. The language that is currently in the Comprehensive
Planning & Zoning Board Staff Report
Rezonings Associated with the Silver Terrace Redevelopment Plan
Page 8
Plan regarding the Silver Terrace area will be modified to state that development shall
be consistent with the adopted redevelopment plan.
Compliance with Land Development Regulations: The proposed use is to be in
compliance with the Land Development Regulations.
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on a land development
application/request.
No development proposals have been received for the subject properties. Any
proposed development will be subject to the provisions of the Silver Terrace
Redevelopment Plan and the SAD Ordinance.
The proposed rezonings are not in a geographic area requiring review by the
Downtown Development Authority, Community Redevelopment Agency, or the Historic
Preservation Board.
Neighborhood Notice:
Formal public notice has been provided to affected property owners within a 500' radius
of the subject properties. A special notice has been sent to each of the property
owners of record.
Courtesy notices have been sent to:
Park Place [3 Gail Lee Mc Dermott
Condominiums Osceola Park
who have requested notification of petitions in that area. Letters of objection or support,
if any, will be presented at the P & Z Board meeting.
The proposed rezonings are required for the implementation of the adopted Silver
Terrace Redevelopment Plan. The redevelopment plan and the associated rezonings
and FLUM amendments will allow for improvements to take place in a long stagnant
area. Positive findings can be made regarding LDR Section 3.1.1 (Required Findings),
LDR Section 3.3.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(C)(5)
(Rezoning Findings). Therefore, the proposed rezonings can be recommended for
approval based on the positive findings outlined in this report.
Planning & Zoning Board Staff Report
Rezonings Associated with the Silver Terrace Redevelopment Plan
Page 9
A. Continue with direction.
B. Recommend rezoning of the subject parcels, based on positive findings
with respect to Section 2.4.5(D)(1) (rezoning findings), Section 3.1.1, and
the performance standards of Section 3.3.2.
C. Recommend denial of the rezonings, based on a failure to make positive
findings.
I
Recommend approval of the following rezoning requests:
From RM (Multiple Family Residential) to SAD (Special Activities
District) for Lots 1-17, Block 2; Lots 1-15, Block 3; Lots 1-10, Block 4;
Lots 1-8, Block 5; and Lots 7-25, Block 6, Silver Terrace;
From RO (Residential Office) to SAD (Special Activities District) for
Lots 9-10, Block 5, Silver Terrace
From MH (Mobile Home) to R-1-A (Single Family Residential) for the
west 490 feet of Lot 6, Lambert Trailer Court
based upon positive findings with respect to Section 3.1.1 (Required Findings) and
Section 3.3.2 (Standards for Rezoning Actions) of the Land Development Regulations,
policies of the Comprehensive Plan, and Section 2.4.5(D)(5).
Attachments:
Special Activities District (SAD) Ordinance for the Silver Terrace Area
Proposed Zoning Map
Existing Zoning Map
ST-RZ.DOC
DIXIE
PARK AVE.
MIAMI BLVD.
SOUT~ ROUND
NORTH 8OUND
(50' rOW)
SOUTH BOUND ......
L
LEGAL VERIFICATION FORM
FILE #: 96-157
PROJECT NAME: SILVER TERRACE
LEGAL DESCRIPTION:
A change in the zone district from RM (Multiple Family Residential) to SAD
(Special Activities District) are for the following specific parcels:
Lots 1 thru 17 inclusive, Block--2;~ 15 i,,uiusive, Blu~k-3;-L-ets-+
thr~ inc!usive. _R!ock-41,-Lu;.~ i [;,fu 8 i,,u~and Lots 7 thru 25
inclusive, Block 6 all lying in the Plat of Silver Terrace, Plat Book 11, Page 61
as recorded in the Public Records of Palm Beach County, Florida.
Together With:
The parcel of land la. lied "Park" at Wilson Avenue and Park Avenue as
shown on the Pl~f Silver Terrace, Plat Book 11, Page 61 as recorded in
the Public Records of Palm Beach County, Florida.
A change in the zone district from RO (Residential Office) to SAD (Special
Activities District) are for the following specific parcels:
L~l~,g~~~k~, the Plat of Silver Terrace Plat Book 11, Page 61 as
recorded in the Public Records of Palm Beach County, Florida.
A change in the zone district from MH (Mobile Home) to R-I-A (Single
Family Residential) are for the following specific parcels:
The West 490.47 feet of Lot 6 of the Plat of Lambert Trailer Court, Plat Book
/ 22 Page 41 as recorded in the Public Records of Palm Beach County,
~Florida.
SOURCE of Legal Description: Plat Books
VERIFIED BY: ~ DATE: ~/~/~
VERIFICATION REQUEST NEEDED BY:
LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND
READING:
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY:
LEGSIL