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Ord 01-07 ORDINANCE NO. 1-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL LOCATED AT THE NORTHEAST CORNER OF SW 1211-1 AVENUE AND SW 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY 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 Delray Beach, Florida, dated March 2006, as being zoned RM (Medium Density Residential) District; and WHEREAS, at its meeting of December 18,2006, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 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 further 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 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 CF (Community Facilities) District for the following described property: Lot 12 Block 6 Atlantic Gardens, Plat Book 14 Page 63, Palm Beach County, Florida 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.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 AND ADOPTED in regular session on second and final reading on this the \\; day o~~) .2oo.:l. ~!:~ ATTEST ~,,~. ~:t>' City Clerk First Reading ~ ~ I:Y""\ Second Reading ~ '\.0. \~l 2 ORD NO. 1-07 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER!ifV\ AGENDA ITEM # 10. C - REGULAR MEETING OF JANUARY 16.2007 ORDINANCE NO. 1-07 TO: SUBJECT: DATE: JANUARY 12,2007 This ordinance is before Commission for second reading and quasijudicial hearing for a rezoning from RM (Medium Density Residential) to CF (Community Facilities) for the expansion of the Neighborhood Resource Center for the proposed Community Land Trust Office, located at 145 SW 12th Avenue, on the northeast comer of SW 12th Avenue and SW 2nd Street. At the first reading on January 2, 2007, the Commission passed Ordinance No. 1-07. Recommend approval of Ordinance No. 1-07 on second and final reading. S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 1-07 RezoningCLT Office at 145 SW12 Ave 01.16.07.doc o/< t1t1 FROM: CP, DIRECTOR OF PLANNING AND ZONING TO: THRU: SUBJECT: MEETING OF JANUARY 2, 2007 REZONING OF THE 0.18 ACRE PARCEL LOCATED AT 145 SW 12TH AVENUE FROM MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL (RM) TO COMMUNITY FACILITIES (CF) The action requested of the City Commission is approval of a zoning change from RM (Medium Density Residential) to CF (Community Facilities) for Lot 12 Block 6 Atlantic Gardens Delray Subdivision to accommodate the City of Delray Beach Community Land Trust (CL T) office. The subject property is more specifically described as Lot 12, Block 6, Atlantic Gardens Delray, containing 7,840 square feet. Development on the property consists of a 1,330 sq. ft. one-story, three bedroom and two bath, single family dwelling built in 1988, which is currently owned by the City of Delray Beach Community Redevelopment Agency (CRA). The RM zoning district does not allow community centers as either a principal or conditional use, thus a rezoning application is being requested to change the existing zoning designation from RM (Medium Density Residential) to CF (Community Facilities). Immediately to the north of this parcel is the city owned Neighborhood Resource Center. The proposed change seeks to apply a zoning designation which is more consistent with the adjacent use and complements the needs of the neighborhood. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of December 18, 2006, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony in support of, or opposition to the proposal. After reviewing the staff report and discussing the proposal, the Board voted 6-0 to recommend to the City Commission approval of the rezoning, by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, the Southwest Area Neighborhood Development Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations. Move approval of the rezoning from RM (Multiple Family Residential) to CF (Community Facilities) by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and the Southwest Area Neighborhood Redevelopment Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations, with second reading to occur at a public hearing on January 16, 2006. Attachment: Proposed Ordinance and Planning & Zoning Board Staff Report of December 18, 2006 J2B ORDINANCE NO. 1-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL LOCATED AT THE NORTHEAST CORNER OF SW 12TH AVENUE AND SW 2ND STREET, 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 Delray Beach, Florida, dated March 2006, as being zoned RM (Medium Density Residential) District; and WHEREAS, at its meeting of December 18, 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 6 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 further the objectives and policies ofthe 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 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 ofCF (Community Facilities) District for the following described property: Lot 12 Block 6 Atlantic Gardens, Plat Book 14 Page 63, Palm Beach County, Florida 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 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 ORDNO.I-07 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE: AGENDA ITEM: ITEM: December 18, 2006 IV.B. ---STAFF REPORT --- Rezoning from RM (Medium Density Residential) to CF (Community Facilities) for the proposed Community Land Trust Office, located at 145 SW 12th Avenue, on the northeast corner of SW 12th Avenue and SW 2nd Street. GENERAL DATA: Owner/Applicant........... ............ Delray Beach CRA Location......... ............... ......... ..... Northeast corner of SW 1 ih Avenue and. SW 2nd Street Property Size.............................. 0.18 Acres Existing FLUM........................... MD (Medium Density Residential) Proposed FLUM......................... No Change Current Zoning............................ RM (Multiple Family Residential) Proposed Zoning........................ CF (Community Facilities) Adjacent Zoning................North: CF (Community Facilities) East: RM (Multiple Family Residential) South: R-1-A (Single Family Residential) West: RM (Multiple Family Residential) Existing Land Use...................... Single Family Residence. Proposed Land Use.................... Community Land Trust Office Facility Water Service......................... Existing on site Sewer Service.. ...... .... . .. .. .. . . .. . Existing on site U 1IIIf IIII I II " I I A T L A N TI C A V E. QOIIIID - - -~ ~ - <C_ _<C <C - - - - ! I-- I-- '-- ~. 1ST ~ - ~ - - - _i!' I l- i!' N I -- ;? - - - f--- - - '---- - - - - - - - I-- m~ I-- I S.W. 2ND ST. '-- t-- I-- ~~VJ I-- I--;=: ~ I--IIl vi '--- - - - - 7r' - - ST. I ,s.w. 3RD 1 UJ :::> z i ~- I-- i <C ! f- I--- i I-- I-- s.w.j I-- - I-- I I-- - I-- z i 0:: I-- :::> lD IN I-- :::> <C S.w. - IV.B The item before the Board is that of making a recommendation to the City Commission on a rezoning from RM (Medium Density Residential) to CF (Community Facilities) for Lot 12 Block 6 Atlantic Gardens Delray Subdivision to accommodate the City of Delray Beach Community Land Trust (CL T) office. The RM zoning district does not allow community centers as either a principal or conditional use, thus a rezoning application is being requested by the Delray Beach CRA to change the zoning designation from RM (Medium Density Residential) to CF (Community Facilities). The subject property, more specifically described as Lot 12, Block 6, Atlantic Gardens Delray, consists of approximately 7,840 square feet. The property contains 1,330 sq. ft. one-story, three bedroom and two bath, single family dwelling built in 1988, which is currently owned by the Delray Beach CRA. In the Southwest Area Neighborhood Redevelopment Plan, adopted by the City Commission on June 2, 2003, the property was assigned to the Northwest Quadrant, which is one of five sub-areas designated as a study area. In addition to the most recently rezoned Neighborhood Resource Center (immediately to the north), eight other sites in this sub-area are currently zoned as Community Facilities (CF). The proposed development is consistent with the goals and objectives outlined in the Southwest Area Neighborhood Redevelopment Plan relative to this study area. Immediately to the north of this parcel is the city owned Neighborhood Resource Center. This facility serves as a community center, designed to assist residents with building stronger, safer communities by empowering residents through workshops to build leadership skills and providing assistance to residents tailored to the needs of the community. Given the immediate success of this facility, the city now desires to expand its efforts to include a Community Land Trust office which will compliment the existing Neighborhood Resource Center by offering additional opportunities for self empowerment to its residents by providing home ownership opportunities. This facility will be owned by the Delray Land Trust which is a private, not-for-profit organization. It has been established primarily to acquire assets and then hold them in perpetuity for local use. However, it may also meet the needs of the community by offering a means to accomplish each of the following: . Buying, developing and holding land, housing, community buildings and services for the benefit of local people; . Attracting investment for projects from local individuals and private companies, as well as, public and voluntary bodies; . Providing space for workshops and offices, and offering rental options to residents; . Re-investing growing income from rents in new social and economic provision; . Engaging local people and organizations in the control and management of community assets; PZB Report Page 2 of 9 . Bringing together a wide spectrum of different partners to produce interdependent solutions; . Mobilizing the goodwill and services of local professional and skilled people. The office is proposed to accompany and reside adjacent to the Neighborhood Resource Center, which was recently rezoned from RM to CF, by the City Commission on June 20, 2006 through City Ordinance No. 32-06. The expansion of the existing Neighborhood Resource Center by adding facilities for the Community Land Trust office, further supports the commitment of the City Commission to create quality neighborhoods where people want to live through citizen involvement in the decision-making processes, and collaborative partnerships. Furthermore, the requested CF zoning is of similar intensity as RM, and is more appropriate for the property based upon current circumstances particular to this site and neighborhood. LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to approval of Land Use 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, written materials submitted by the applicant, 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 (FLUM), 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 subject property has a Future Land Use Map designation of MD (Medium Density Residential 5-12 du/ac). Pursuant to LDR Section 4.4.21, the CF (Community Facilities) zoning district is a special purpose zoning district primarily, but not exclusively, intended for locations at which facilities are provided to serve public, semi-public and private purposes. The CF District is deemed compatible with all land use designations shown on the Future Land Use Map. Principal Uses and Structures Allowed: Pursuant to LDR Sections 4.4.21 (B)(1) and 4.4.21 (B)(2), the following types of uses are allowed within the CF District as a permitted use: . Governmental, such as civic centers, courts, courthouses, temporary holding facilities, fire stations, governmental offices, public health facilities, law enforcement offices and facilities, post offices, public utility facilities (Le. lift stations), water storage tanks, water treatment plants, water wells, wastewater treatment plants, and drainage facilities. . Community, such as civic centers, community theater, cultural facilities and auditoriums, arts and crafts centers, libraries, museums, public parking lots and garages. PZB Report Page 3 of 9 The proposed Community Land Trust office serves as both a governmental office and a community resource center, thus it is deemed consistent with its existing Future Land Use Map designation of MD (Medium Density Residential 5-12 du/ac). D Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. 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, including public schools, of the requested land use and/or development application will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision' of needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. Drainaoe: With this rezoning request, drainage plans are not required. No drainage problems have been identified with regards to the existing building. Thus, problems are not anticipated related to retaining drainage on site or obtaining any building permits, if and when required. Traffic: Traffic for the facility directly adjacent to the Community Land Trust office on the north, was recently analyzed for the Neighborhood Resource Center. Utilizing a community center traffic rate, the traffic impact is estimated at 12 daily trips with three (3) AM three (3) PM peak trips. These trips can be easily absorbed by the surrounding street network and no traffic concurrency issues are noted. Solid Waste: Based upon the Solid Waste Authority's typical waste generation rates, the proposed Community Land Trust office would generate an estimated maximum of 19.2 tons of waste annually. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021. Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Parks and Recreation: Non-residential uses are not considered to have an impact on the City's Parks and Recreation facilities. D Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Policv A-1. 7: Amendments to the FLUM must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need: That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data PZB Report Page 4 of 9 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. As mentioned in the "Background Analysis" section, the Community Land Trust office is proposed to accompany and reside adjacent to the Neighborhood Resource Center, which was recently rezoned from RM to CF. The expansion of this community resource encourages citizen involvement in the decision-making processes and collaborative partnerships. The requested CF (Community Facilities) zoning is of similar intensity as RM (Multiple Family Residential), and is more appropriate for the property based upon current circumstances particular to this site and neighborhood. 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 in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. There are no significant environmental characteristics to the subject property. The future redevelopment of the property as a Community Land Trust office will be compatible with the adjacent land uses, which consists of primarily single family residences and the Neighborhood Resource Center to the north. Future Land Use Element Policv C-1.7: The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10th Street on the south, Interstate-95 on the west, and Swinton Avenue on the east. Many of the parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property resides with the boundaries of the Southwest Area Neighborhood Redevelopment Plan, and is more specifically located within the Northwest Quadrant sub-area. The Northwest Quadrant is bounded by Atlantic Avenue on the north, SW 3rd Street on the south, 1-95 on the west, and SW 8th Avenue on the east. The plan for this area calls for substantial redevelopment of property north of 2nd Street to include neighborhood-oriented retail and office PZS Report Page 5 of 9 uses, as well as, multi-family apartment buildings, courtyard apartments, townhomes and limited new single family development. In addition, SW 1 ih Avenue remains as the primary north-south corridor for pedestrians and vehicles, connecting the gateway park with the village green, the neighborhood greens at SW 2nd Street, and the Village Academy and Service Center to the South. With the Community Land Trust office being ideally located north of 2nd Street and fronting on the major north-south corridor, 1 ih Avenue, the proposed development promises to be easily noticeable and accessible to neighborhood residents. Given the above, positive findings with the Comprehensive Plan can be made. Future Land Use Element Policy C-4.2: The IIDowntown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-1-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. The subject property resides within the study area of the downtown "Downtown Delray Beach Master Plan" and is more specifically located within the West Atlantic Neighborhood. The ideology within this study area is consistent with the concepts and recommendations found within the "West Atlantic Development Plan". Thus, both plans should be considered when evaluating any proposal for development or redevelopment in this district. With the Community Land Trust office having a primary purpose of obtaining ownership of local property and providing affordable housing opportunities for residents of Delray Beach, it promotes the goals and objectives of the "Downtown Delray Beach Master Plan". Housina Element Policv 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. The development proposed herein is merely a rezoning to allow for the proposed use and involves minimal modifications to the existing single family residential structure. The Community Land Trust office will neither disrupt the aesthetic value of the neighborhood nor produce any negative effects inclusive of, but not limited to: noise, dust, odors or disruptive traffic and circulation problems. The facility will benefit the neighborhood by providing enhanced access to vital services. Based upon the above, positive findings with the Comprehensive Plan can be made. PZB Report Page 6 of9 o Compliance with LDRs: Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Whenever an item is identified elsewhere in these Land Development Regulations (LDRs), it shall specifically be addressed by the body taking final action on a land development application/request. Such items are found in Section 2.4.5 and in special regulation portions of individual zoning district regulations. At this time, no physical improvements are proposed. If and when improvements are made (other than internal modification) a site plan review will be required. No concerns meeting the LDR requirements are anticipated. o Compatibility: The requested designation will be compatible with the existing and future land uses of the surrounding area. As demonstrated in the following "Rezoning Analysis" section, the proposed zoning designation of CF (Community Facilities) will be compatible with the existing and future land uses of the surrounding area. Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDR were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.2 (Standards for RezoninQ Actions): Standards "B", "C", and "E" are not applicable with respect to this rezoning request. Standard "A" requires that 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 rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. This request is for Community Facilities, which is allowed under Section 3.2.2(A). Standard "D" requires 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. PZB Report Page 7 of 9 ExistinQ land uses Subject Property - Single Family Residential (RM zoned) North - Neighborhood Resource Center (CF zoned) South - Single Family Residential (R-1-A zoned) East - Vacant Single Family Residential (RM zoned) West - Single Family Residential (RM zoned) Proposed land uses Subject Property - Community Land Trust (CF zoned) North - Neighborhood Resource Center (CF zoned) South - Single Family Residential (R-1-A zoned) East - Vacant Single Family Residential (RM zoned) West - Single Family Residential (RM zoned) The subject property is bordered on the south, east and west by residential ,zoned properties and accommodates a mix of single family and multiple family residences which are compatible with the existing use. The adjacent property to the north is an existing community facility which was recently rezoned from RM (Multiple Family Residential) to CF (Community Facility). The Neighborhood Resource Center to the north, is compatible with the proposed use of the subject property. The Community Land Trust office will also compliment the NRC, and will be serving the same neighborhood residents. The facility will provide vital neighborhood access to services in a neighborhood setting. As demonstrated above, this request does not result in an incompatible land use, thus, the proposed development can be found to be in compliance with section 3.2.2(D). Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D) (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 basis for which the rezoning should be granted, relates to the third bullet point above, indicating that the parcel located at 145 SW 1ih Avenue is of similar intensity as allowed under the FLUM and is more appropriate for the property based upon current circumstances specific to this site and neighborhood. The requested change to allow a CF (Community Facility) zoning designation for the Community Land Trust office will further the goal of the City Commission to create quality PZB Report Page 8 of9 neighborhoods where people want to live. Equally, if not more important, it will address the immediate needs of the neighborhood and its residents. Community Redevelopment Aaency (CRA): The Delray Beach Community Redevelopment Agency (CRA) has submitted this application for rezoning from RM to CF, in order to compliment the City's existing Neighborhood Resource Center. It is anticipated that establishment of an independent Community Land Trust office, which will allow residents to create and control community assets, will provide substantial long term social, cultural, environmental and economic benefits. Courtesy Notices: A special courtesy notice was provided to the following homeowners associations: · Neighborhood Advisory Council · Progressive Residents Of Delray (PROD) . Bellehaven . Atlantic Park Gardens · President Council Public Notices: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and/or support, if any, will be presented at the Planning and Zoning Board meeting. Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, rezoning the subject property from RM to CF is recommended for approval, based on the findings outlined herein. A. Move a recommendation of approval to the City Commission for the request for rezoning from RM (Medium Density Residential) to CF (Community Facilities) for the subject property, 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 the Southwest Area Neighborhood Redevelopment Plan, and does meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. B. Move a recommendation of denial to the City Commission for the request for rezoning from RM (Medium Density Residential) to CF (Community Facilities) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and Southwest Area Neighborhood Redevelopment Plan, and does not meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move to postpone a recommendation of approval or denial and continue the request for rezoning from RM (Medium Density Residential) to CF (Community Facilities) for the subject property with direction. PZB Report Page 9 of 9 Staff recommends that the Planning and Zoning Board moves to recommend approval to the City Commission for the request for rezoning from RM (Medium Density Residential) to CF (Community Facilities) for the subject property, 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 the Southwest Area Neighborhood Redevelopment Plan, and does meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Report prepared by Candi Jefferson, Senior Planner Attachments: · Vicinity Map · Zoning District Map 1 ~ ~ - 1 Jf- <( I--- ~ -.:: <( - I--- - J l- I--- - ~ ~ IF 7 I---- - 5 - I-- I--- ~ hZ II I--- ~ II ~ - ".. -t- rF~ ;!:l--l ~ n- I--- '17l I .. --.- I II "TI I--- II I I::: I L- - .--- ~ ~ ...-- 1ST [ill] rn . I / I--- f--- / ,~ .f--- I--- ~ ~~j ~ ~ f--- I--- ~ ~ z z Z Z ~ \. 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W. 3RD CT. - '\1 T 8,,\ T ~ - z C - -------- .r.; W -A~ "T N - CITY OF DELRA Y BEACH, FL PLANNING 4< ZONING DEPARTMENT -- OIG/TAL BASE MAP SYSTEM -- REZONING 145 SW 12TH AVENUE m PROPOSED ZONING: CF (COMMUNITY FACILITIES) MAP REF: LM979 ee' 100 ANNOUNCEMENTS ('1)/ .-t 101 Legal ;\otice, ,..... Cl Cl N 1.0 .;, CITY Of DEWY BEACH,FLDRIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following proposed ordinance on TUESDAY, JANUARY 16TH, 2007 at 7:00 p.m. or al any continuation of such meeting which is set by the Commission), in the City Commission Chambers, 100 N.W. 1st Avenue, Del- ray Beach, Florida. at which time the City Commission will consider its adoption. The proposed ordinance may be inspec1ed at the Office 01 lhe City Clerk at City Hall, 100 N.W. 1st Avenue, Del ray Beach, Florida, be. tween the hours at 8:00 a.m_ and 5;00 p.m., Monday through Friday. exeepl holidays. All interested parlies are in- viled to attend and be heard with re- spect 10 !he proposed ordinance ORDINANCE NO. 1-07 AN ORDINANCE OF THE CITY COM- MISSION OF THE CITY OF OELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTL Y ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO CF (CDMMUNITY FACILITiES) DiS- TRICT; SAID LAND BEING A PAR- CEL LOCATED AT THE NORTHEAST CORNER OF S.W. 12TH AVENUE AND S.W. 2ND STREET. AS MORE PARTlCULARL Y DESCRIBED HERE- IN; AMENDING 'ZONING MAP DF DELRAY BEACH, FLORIDA, MARCH 2006'; PROVIDING A GENERAL RE. PEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Please be advised fhal if a person de. cides 10 appeal any decision made by the Cily Commission wilh respect to any matter considered al these hear- ings, such person may need to ensure Ihat a verbalim recor" includes Ihe leslimony and evidence upon which the appeal is 10 be based. The eily d~es nol provide nor prepare such record. Pursu<rJt to ES. 28/i0105 CITY Of OELAAY BEACH Chevele D. Nub~, CMC CilyClerk '" :Q ~ en 3: QJ Z .c u '" QJ OJ ~ Qj ~ c .8 '" a:: '" u o OJ E o '-! en 3: QJ C '" U o l' PUBLISH: Friday, January 5, 2007 Boca RatonlDelray Beach News LCU1 e ld.O-/ W Oil/to J D Q A tjfV'd OJ