44-96 ORDINANCE NO. 44-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DH,RAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED BM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT IN THE CF (C(]T~ITY FACILITIES) DISTRICT;
SAID LAND BEING COMMONLY KNC~N AS THE SANDOWAY HOUSE,
LOCATED AT 142 SOUTH OCEAN BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING MAP
OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated April,
1994, as being zoned BM (Medium Density Residential) District; and
WHEREAS, at its meeting of September 16, 1996, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
considered this item at public hearing and voted unanimously to recommend
approval of the rezoning, based upon positive fiD~/ngs; and
WHEREAS, it is appropriate that the Zoning District Map of the
City of Delray Beach, Florida, dated April, 1994, be amended to reflect the
revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray
Beach, Florida, dated April, 1994, be, and the same is hereby amended to
reflect a zoning classification of CF (Community Facilities) District for
the following described property:
Commencing at the intersection of the Western boundary
line of Ocean Boulevard (State Road A-l-A) with the
North line of Beach Lot 24, Plat of the Fractional East
Half (E 1/2) of Section 16, Township 46 South, Range 43
East, according to the Plat thereof as recorded in Plat
Book 1 at Page 25 of the Public Records of Palm Beach
County, Florida; thence Southerly along said West
bouDa~y line of Ocean Boulevard, a distance of 27.16
feet to the Point of Beginning; thence Westerly
parallel to said North line of Beach Lot 24, a distance
of 215.06 feet to a point; thence Southerly making an
angle with the preceding course of 91 degrees 37'
measured from East to South; thence 73.03 feet to a
point; thence Easterly parallel to said North line of
Beach Lot 24, a distance of 209.01 feet to a point;
said point being in Western boum~a~y line of Ocean
Boulevard; thence Northerly along said boundary line a
distance of 73.46 feet to the Point of Beginning.
The subject property is located on the west side of
South Ocean Boulevard (A-l-A), between Sandoway Park
and Ingraham Park (142 South Ocean Boulevard);
containing 0.36 acres, more or less.
Section 2. That 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 with the provisions of Section I hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. 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 5. That this ordinance shall become effective
immediately upon passage.
PASSED AND ADOPTED in regular session on second and final reading
on this the 15th day of October , 1996.
City Cl~rk /
First Reading October 1~ 1996
Second Reading October 15, 1996
- 2 - Ord. No. 44-96
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PLANNINC O[PARTM[NI REZONING FROM: MEOIUM DENSITY RESIDENTIAL (RM) TO: COMMUNITY FACILITIES (CF)
CIFY O~ DI:LRAY O[ACH. FL
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FRDM: DAVID T. HARDEN, CITY MANAGER~/?tI
SUBJECT: AGENDA ITEM # /~ D - REGULAR MEETING OF OCTOBER 15, 1996
SEC(IND READING AND PUBLIC HEARING FOR ORDINANCE NO. 44-96
(SANDOWAY HOUSE REZONING)
DATE: OCTOBER 9, 1996
This is second reading and a quasi-judicial/public hearing for Ordinance
No. 44-96 which rezones the Sandoway House property from RM (Medium Density
Residential) to CF (Community Facilities) District. The property is
located on the west side of South Ocean Boulevard, between Sandoway Park
aDx~ Ingraham Park, and contains 0.36 acres.
In July, 1995, the City and Palm Beach County entered into an interlocal
agreement for the purchase of the subject property in order to preserve the
historic house by converting it to an environmental/marine education
center. We also entered into a 25-year lease agreement with the County,
which became effective with the County's acquisition of the property on
August 10, 1995. In April, 1996, the City entered into a conceptual
approval agreement with Florida Communities Trust to obtain funding for the
purchase of the Sandoway House, and in June of this year, a management
agreement and sub-lease agreement between the City and the Friends of
Sandoway was executed. A management plan for the Sandoway House is being
prepared as well as a proposal to designate the property as an historic
site.
The existing RM zoning does not permit the intended use as a nature center.
Therefore, on September 3, 1996, the City Commission initiated rezoning of
the property to CF (community Facilities).
The Planning and Zoning Board considered this matter at public hearing on
September 16, 1996, and voted unanimously to recommend that the rezoning be
approved, based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations, policies of
the Comprehensive Plan, and LDR Section 2.4.5 (D) (5) (b). At first reading
on October 1, 1996, Commission passed the ordinance by unanimous vote.
R~commend approval of Ordinance No. 44-96 on second and final reading,
based upon the findings and recommendations of the Planning and Zoning
Board.
ref: agmemo8
MEMORANDUM
TO: MAYOR AND CITY ~SSIONERS
SUBJECT: AGENll% ITEM # ~ ~ - REGULAR MEETING OF OCTOBER 1, 1996
FIRST READING FOR ORDINANCE NO. 44-96 (SANDOWAY HOUSE REZONING)
DATE: SEPTEMBER 27, 1996
This is first reading for Ordinance No. 44-96 which rezones the Sandoway
House property from RM (Medium Density Residential) to CF (Community
Facilities) District. The property is located on the west side of South
Ocean Boulevard, between Sandoway Park and Ingraham Park, and contains 0.36
acres.
In July, 1995, the City and Palm Beach County entered into an interlocal
agreement for the purchase of the subject property in order to preserve the
historic house by converting it to an environmental/marine education
center. We also entered into a 25-year lease agreement with the County,
which became effective with the County's acquisition of the property on
August 10, 1995. In April, 1996, the City entered into a conceptual
approval agreement with Florida Communities Trust to obtain funding for the
purchase of the Sandoway House, and in June of this year, a management
agreement and sub-lease agreement between the City and the Friends of
Sandoway was executed. A management plan for the Sandoway House is being
prepared as well as a proposal to designate the property as an historic
site.
The existing RM zoning does not permit the inteDJed use as a nature center.
Therefore, on September 3, 1996, the City Commission initiated rezoning of
the property to CF (Community Facilities).
The Planning and Zoning Board considered this matter at public hearing on
September 16, 1996, and voted unanimously to recommend that the rezoning be
approved, based upon positive findings with respect to Chapter 3
(Performance Stand_ards) of the Land Develolmment Regulations, policies of
the Comprehensive Plan, and LDR Section 2.4.5(D)(5)(b).
Recommend approval of Ordinance No. 44-96 on first reading, based upon the
findings and recommendations of the Planning and Zoning Board. If passed,
a quasi-judicial/public hearing will be scheduled for October 15, 1996.
ref: agmemo8
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DEI~IE DOMINGUEZ, DIRI~CTOI~
DEPARTMENT OF PLANRING A~ID ZONING
FROM:
tS~lOR PLANNER
SUBJECT: MEETING OF OCTOBER 1, 1996
REZONING FROM RM (MEDIUM DENSITY RESIDENTIAL) TO
CF (COMMUNITY FACILITIES) FOR THE SANDOWAY HOUSE.
The action requested of the City Commission is that of approval on
first reading of an ordinance rezoning a 0.36 acre parcel from RM
(Medium Density Residential) to CF (Community Facilities).
The subject property is located on the west side of South Ocean
Boulevard (A-l-A), between Sandoway Park and Ingraham Park
(142 S. Ocean Boulevard).
The proposal incorporates an unplatted parcel of land consisting of 0.36 acres
and a vacant single family home with a swimming pool.
The proposal is to rezone the property from RM (Medium Density Residential) to
CF (Community Facilities). The rezoning is being processed to accommodate
the Sandoway House Nature Center. The development proposal is to convert
the existing 2,014 sq.ft, single family structure to a nature center with
meeting/class rooms, a variety of educational displays and activities regarding
the beach and ocean ecosystems.
City Commission Documentation
Meeting of October 1, 1996
Rezoning from RM to CF for the Sandoway House
Page 2
Additional background and an analysis of the request is found in the attached
Planning and Zoning Board Staff Report.
At its meeting of September 16, 1996, the Planning and Zoning Board held a
public hearing in conjunction with review of the request. There was no public
testimony regarding the rezoning. After reviewing the staff report and discussing
the proposal, the Board voted 7-0 to recommend that the rezoning be approved,
based upon positive findings with respect to Chapter 3 (Performance Standards)
of the Land Development Regulations, policies of the Comprehensive Plan, and
LDR Section 2.4.5(D)(5)(b).
By motion, approve on first reading the ordinance for the rezoning of the
Sandoway House from RM (Medium Density Residential) to CF (Community
Facilities) based upon the findings and recommendation by the Planning and
Zoning Board, and setting a public hearing date of October 15, 1996.
Attachments:
P & Z Staff Report and Documentation of September 16, 1996
r-] Ordinance by Others
PLANNING AND ZONING BOARD'
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: September 16, 1996
AGENDA ITEM: V.D. ·
ITEM: City-initiated rezoning from RM (Medium Density Residential) to
CF (Community Facilities) for the Sandowa..y .House, located on
the west side of S. Ocean Blvd. (^-1-^), between Sandoway Park
and Ingraham Park.
I I I II I I I I
GENERAL DATA:
Owner/Applicant ......................... Palm Beach County <
Agent. ......................................... David T. Harden, City Manager ATLAN~C AVENUE
City of Delmy Beach
Location ..................................... West side of S. Ocean Blvd.,
between Sandoway Park and
Ingraham Park.
Property Size .............................. 0.36 Acres
Future Land Use Map
Designation ................................. Medium Density Residential 5-12
units/acre
Current Zoning ............................ RM (Medium Density Residential):
Proposed Zoning ........................ CF (Community Facilities)
Adjacent Zoning ................ North: OS (Open Space)
East: OS
South: OS
West: RM
Existing Land Use ...................... Vacant 2,014 sq.ft, single family
house with a swimming pool and
storage shed.
Proposed Land Use .................... Conversion of the existing single
family house to a nature center.
Water Service ............................. Existing on site.
Sewer Service ............................ Existing on site.
M.D.
The item before the Board is that of making a recommendation on
a city-initiated rezoning from RM (Medium Density Residential) to
CF (Community Facilities) for the Sandoway House, pursuant to
LDR Section 2.4.5(D).
The subject property is located on the west side of South Ocean
Boulevard (A-l-A), between Sandoway Park and Ingraham Park
(142 S. Ocean Boulevard).
The proposal incorporates an unplatted parcel of land consisting of 0.36 acres
and a vacant single family home with a swimming pool. The existing Golonial
Revival Resort style single family home was constructed in 1936, with an
addition and swimming pool constructed in 1966, and a shed in 1977.
On July 18, 1995, Palm Beach County and the City of Delray Beach entered into
an interlocal agreement for the purchase of the subject property, in order to
preserve the historic house by converting it to an environmental/marine
education center. On July 25, 1995, the County and City entered into a 25-year
lease agreement, which became effective with the acquisition of the property by
~the County on August 10, 1995. On June 24, 1996, a management agreement
and sub-lease agreement between the City and the Friends of Sandoway was
executed. On April 5, 1996, the City entered into a conceptual approval
agreement with Florida Communities Trust, to obtain funding for the purchase of
the Sandoway House. A management plan for the Sandoway House is currently
being prepared as well as a proposal to designate the property as an historic
site.
The existing zoning, which is RM, does not permit the intended use as.a nature
center. Therefore, on September 3, 1996, the City Commission initiated
rezoning of the property to CF (Community Facilities) which is now before the
Board for action.
The proposal is to rezone the property from RM (Medium Density Residential) to
CF (Community Facilities). The rezoning is being processed to accommodate
the Sandoway House Nature Center. The development proposal is to convert
the existing 2,014 sq.ft, single family structure to a nature center with
meeting/class rooms and a variety of educational displays and activities
regarding the beach and ocean ecosystems.
Planning and Zoning Board Staff Report
Rezoning from RM to CF for the Sandoway House
Page 2
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.t.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 Future Land Use Map,
Concurrency, Comprehensive Plan Consistency and Compliance with the
Land Development Regulations.
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 subject property has a Future Land Use Map designation of Medium Density
Residential 5-12 du/ac and is currently zoned RM (Medium Density Residential).
Pursuant to LDR Section 4.4.21(A)(Purpose and Intent), the CF zone district is a
special purpose zone district primarily intended for locations at which facilities
are provided to serve public, semi-public, and private purposes. The proposed
CF (Community Facilities) zoning designation is deemed consistent with all
Future Land Use Map designations. Within the CF zone district, community
services such as a nature center is allowed as a permitted use [LDR Section
4.4.21(B)(2)]. Based upon the above, a positive finding can be made with
respect to consistency with the Future Land Use Map designation.
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.
Water & Sewer:
Water service currently exists via a service lateral connection to a 2" main
within Coconut Row.
Adequate fire suppression is provided via an existing fire hydrant on the
east side of Ocean Boulevard, approximately 300 feet north of the site,
and along the north side of the Sandoway Park parking area.
Sewer service currently exists via a service lateral connection to a 6" main
within Coconut Row.
Planning and Zoning Board Staff Report
Rezoning from RM to CF for the Sandoway House
Page 3
Pursuant to the City's Comprehensive Plan, treatment capacity is available at the
City's Water Treatment Plant and the South Central County Waste Water
Treatment Plant for the City at build-out. Based upon the above, positive
findings can be made with respect to this level of service standard.
Drainage:
With rezoning requests drainage plans are not required. The site is developed
and contains a 2,014 sq.ft, single family home with a garage, swimming pool,
shed, and an asphalt drive. The drainage is currently retained on-site site via
sheet flow to landscape areas. The rezoning will not negatively impact this
existing situation. With any future development to provide additional impervious
areas i.e. parking, a drainage plan must be submitted which complies with South
Florida Water Management District criteria.
,Traffic:
Under the current RM zoning, the maximum development potential would be 4
multiple family dwelling units generating 28 average daily trips. With the
proposed CF zoning district, the maximum development potential would
generate vehicular trips-, similar to office and commercial developments.
However, the proposal is to convert the existing residence to a nature center.
During weekdays, the nature center will generate v(~hicular trips comparable to
an RM-zoned development, with an increase to occur on weekends which
coincides with weekend activities at the Municipal Beach. Thus, the rezoning will
not have an impact with respect to traffic concurrency, with the submittal of a
site plan, a traffic study/statement will be necessary.
Parks and Recreation:
This standard is not applicable as the proposal will add an additional 0.36 acres
to the City's parks and recreation facilities.
Solid Waste:
Trash generated each year from uses allowed in the proposed CF (Community
Facilities) zoning district will be typically greater than or equal to trash generated
by the uses allowed in the current RM (Medium Density Residential) zoning
district. However, trash generated each year by the proposed 2,014 sq.ft, nature
center will be 1.6 tons (1.6 pounds per square foot) whereas the existing single
family residence generates 1.99 tons per year. Thus, the rezoning of the
property to CF should not create an adverse impact on this level of service
standard.
Planning and Zoning Board Staff Report
Rezoning from RM to CF for the Sandoway House
Page 4
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 Oomprehensive Plan may be used in the
making of a finding of overall consistency.
COMPREHENSIVE pLAN POLICIES:
A review of the goals, objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
objectives and policies were found.
Coastal Management Element Objective C-1 - The retention, rehabilitation,
and protection of historic resources as provided for in the City's Historic
Preservation Ordinance shall continue to be applied in the Coastal Zone.
The existing 1936 Colonial Revival Resort style single family home is historically
significant. The development proposal is to convert the existing structure to a
nature center which will provide for its preservation and adaptive re-use. Thus,
this objective has been met.
Coastal Management Element Objective D-2 -There shall not be any
development upon the barrier island which shall reduce hurricane
evacuation time beyond its present level or which shall lower the level of
service at the intersections of A-1-A and Atlantic Avenue; N.E. 8th Street
and A-l-A; or at Linton Boulevard and A-1-A.
The intersection which will be affected by the development proposal is that at
Atlantic Avenue and A-l-A, which is currently operating at level of service B.
The conversion of the existing single family residence to a nature center will not
lower the level of service for this intersection. Further, as the nature center will
not increase the population on the barrier island, it is not considered to have an
impact on hurricane evacuation time. Based upon the above, compliance with
this objective has been met.
Traffic Element Policy C~1.1 - Through and nonresidential traffic travel shall
be limited and/or restricted in stable residential areas.
The subject property is located within a stable residential area, with access taken
from Ocean Boulevard (A-l-A), which is a state minor arterial. As A-1-A is an
arterial, there is naturally through- and non-residential traffic. Ocean Boulevard
provides access to the beach as well as the City's oceanfront parks and parking
Planning and Zoning Board Staff Report
Rezoning from RM to CF for the Sandoway House
Page 5
lots. Thus, the traffic impacts of the nature center should not exacerbate those
which currently occur in this area.
Traffic Element Policy D-2,2 - Bicycle parking and security facilities shall
be required on all new development which occurs past. June 1, 1990. [LDR
Section 4.6.9(C)(1 )(c)]
Improvements to the Sandoway House must include the installation of a bicycle
rack. This policy will be addressed with the site plan submittal.
Section 3.3.2 (Standards for Rezonincj Actions): Standards B and C are not
applicable. The applicable performance standard of Section 3.3.2 are as
follows:
A) That a rezoning to other than CF within stable residential areas shall
be denied.
The property is located within an area designated as Stable on the
Neighborhood Categorization Map. As the rezoning is to CF, this
standard has been met.
(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 properties to the north, south, and east are zoned OS (Open Space),
and to the west is zoned RM (Medium Density Residential). The adjacent
land uses include the following: north of the property is Sandoway Park;
south is Ingraham Park, city-owned parking lot; east, across South .Ocean
Boulevard, is the Municipal Beach and its dune system; and, West is a
single family residence.
Compatibility with the adjacent residential properties is not a concern as
the property is surrounded on 3 sides by city-owned property, i.e.
Sandoway and Ingraham Parks, and the Municipal Beach. The existing
structure will retain its residential character and will be landscaped. The
subject property is separated from the residential property to the west by a
6' high concrete block wall. The hours of operation will correspond with
the adjacent parks and municipal parking areas which are normally 8:00
a.m. until dusk, with peak demands from 12:00 p.m. to 5:00 p.m.
Planning and Zoning Board Staff Report
Rezoning from RM to CF for the Sandoway House
Page 6
Section 2.4.5(D){5) {Rezoning Findings):
Pursuant to Section 2.4.5(D)(5) (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 basis for which the rezoning should be granted relates to Item "b". This
request for rezoning to CF (Community Facilities) is being sought as there has
been a change in circumstances which make the current RM zoning
inappropriate. The existing single family house has historical, architectural, and
economic significance and therefore has been purchased by Palm Beach County
,and leased to the City to be utilized as a nature center. Under the current RM
zoning nature centers are not allowed, thus it is necessary to rezone the property
to CF which is consistent with any Future Land Use Map designation.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
The property contains a 2,014 sq.ft, single family residence with a storage shed
at the northwest comer of the site and a swimming pool at the southwest corner
of the site. With review of the rezoning petition, a site visit was conducted and
did not reveal any code violations. Any future development of the site will require
processing of a site plan and compliance with the applicable Land Development
Regulations. The City will provide additional parking at Sandoway and Ingraham
Parks. There are no problems anticipated complying with the Land Development
Regulations.
i~!~i!~ii~i~ii~`:~i~!:~ii~::~::~:::~:~:~::i~i~:!:~:~:~i::i:i~:~i~:~i:~:~i=~i:~:~i:~`~:~`:~i~: ............ ~y~`~=~::~::~`~:<~:~:~=~`~i:~i.~:~;~i~:ii ~.~.~i~ ~[~=i~; ~..=..~- .=~.b~{ ~;~.~'.'....'.'-:.;.-:~....'
The subject property is not within a geographical area requiring review by the
Community Redevelopment Agency (CRA), Downtown Development Authority
(DDA), or the Historic Preservation Board (HPB).
Planning and Zoning Board Staff Report
Rezoning from RM to CF for the Sandoway House
Page 7
Public and Courtesy Notices:
Formal public notice has been provided to property owners., within a 500' radius
of the subject property. Courtesy notices have been provided to the following
civic and homeowners associations:
[] Friends of Sandoway
[] Beach Property Owners
I~ Nassau Street Historic District
Letters of objection and support, if any, will be presented at the Planning and
Zoning Board meeting.
The rezoning from RM (Medium Density Residential) to CF (Community
Facilities) is consistent with the policies of the Comprehensive Plan and Chapter
3 of the Land Development Regulations. The proposed CF zoning designation is
consistent with the underlying Medium Density Residential 5-12 du/ac land use.
designation. Also, positive findings can be made with respect to LDR Section
2.4.5(D)(5)(b) (Rezoning Findings), that the CF is more appropriate as there
,;have been a change of circumstances that make the existing RM zoning
inappropriate. Conversion of the existing 1936 Colonial Revival Resort style
structure will enable the preservation of a building that has historical, political,
architectural and economic significance for the education of future generations.
Compatibility is not a concern as the property is bordered on 3 sides by city-
owned properties, and is separated by the residential property to the west by a 6'
high concrete block wall.
A. Continue with direction.
B. Recommend approval of the rezoning request from RM (Medium Density
Residential) to CF (Community Facilities) for the Sandoway House based
upon positive findings with respect to Chapter 3 (Performance Standards)
of the Land Development Regulations, policies of the Comprehensive
Plan, and LDR Sections 2.4.5(D)(5)(b).
C. Recommend denial of the rezoning request from RM (Medium Density
Residential) to CF (Community Facilities) for the Sandoway House based
upon a failure to make [positive findings with respect to LDR Section
Planning and Zoning Board Staff Report
Rezoning from RM to CF for the Sandoway House
Page 8
2.4.5(D)(5), that the rezoning fails to fulfill one of the valid reasons for
seeking a rezoning.
Recommend to the Gi~ Commission approval of tho rozonin~ request from RM
(Medium Densi~ Residential) to CF (Communi~ Facilities) for the 8andoway
Hou.o basod upon positivo findin0s with respect to Ghaptor 3
Standaffis) of the kand ~evelopment Re0u~ations, polieios of the Gompmhensive
~lan, and k~R 8octions 2.4.5(~)(5)(b).
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EXHIBIT A - LEGAL DESCRIPTION
LEGAL VERIFICATION FORM
FILE #: 96-250
PROJECT NAME: SANDOWAY HOUSE
LEGAL DESCRIPTION:
Commencing at the intersection of the western boundary line of Ocean
Boulevard (State Road A-I-A) with the North line of Beach Lot 24, Plat of
the Fractional East 1/2 of Section 16, Township 46 South, Range 43
East, according to the Plat thereof, as recorded in Plat Book 1 Page 25 of
the Public Records of Palm Beach County, Florida; thence Southerly
along said West boundary line of Ocean Boulevard, a distance of 27.16
feet to the Point of Beginning; thence Westerly parallel to said North line
of Beach Lot 24, a distance of 215.06 feet to a Point; thence Southerly
making an angle with the preceding course of 91° 37' measured from East
to South; thence 73.03 feet to a Point; thence Easterly parallel to said
north line of Beach Lot 24, a distance of 209.01 feet to a Point; said point
being in Western boundary line of Ocean Boulevard; thence Northerly
along said boundary line a distance of 73.46 feet to the Point of
Beginning.
Containing 0.3553 acres
SOURCE of Legal Description: SURVEY (copies attached)
VERIFIED BY: ~'~)_ ~ DATE:
VERIFICATION REQUEST NEEDED BY: S.-~,,:,.,,.,,..,. ,.,,
LEGSAND
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.,.. ~y ~, Fr~y,~
~ ~DINAMCE ~ THE CI~ C~
· MI~I~ ~ THE CI~ OF DELRAY
~ACH, FLORIDA, ~ENDIgG THE
~VER'S ~RTH SPECIAL ACTIVI-
TIES DISTRICT C~D), ~ ESTA~
LI~ED BY ORDIN~CE ~ ~,
~D ~DED ~Y ~DIHAHCE
~OVED ~STER DEVELOPMENT
P~H ~ RECORD TO FOR~LLY
INCOR~TE THE TEM~RARY
~LE~ AMD RECEPTIO~
~ A PER~NENT STRUCTURE ON
THE SITE P~N FOR THE DEVEL-
~MEN~; PROVIDI~ k GENE~L
REPEALER C~USE, A ~VING
~USE, AND AN EFFECTIVE
AN ~DINA~CE OF THE CITY ~-
MINION OF THE CITY O~ DELRAY
~ACH, FL~I~, REZONING ANB
~CING ~ND PRESENTLY
~ED NC (NEIGH~ORH~D C~
~PROFES~IONAL ~FICE DID
TRtCT) IN PART, IN THE CF
(C~UNITY FACILITIES} DiS.
TRICT; ~ID ~ND BEING
~LY KNOWN AS THE SEACREST
~OPERTY, L~TED ON THE
WEST SIDE OF SEACREST BOULE-
VARD ACROSS FR~ AT~NTIC
HIGH SCH~L, AS ~RE PARTICU-
~RLY DESCRIBED HEREIN; AND
~ENDING ~ONtNG ~P OF DEL.
RAY ~EACH, FLORIDA, ~?; PRG
VIDING A GENERAL REPEALER
C~USE, A ~VING C~USE, AND
AN EFFECTIVE DATE.
~ ORDINANCE OF THE CITY C~
~ISSION OF THE CITY OF DELRAY'
B~CH, FLOR~, REZONING AND
P~CtNG ~ND PRESENTLY
~NED RM (MEDIUM ~NSITY
RESIDENTIAL) DISTRICT IN THE~
CF (~UNITY FACILITIES) DID
TRICT; ~ID ~ND BEING
~NLY KNOWN ~ THE ~N~
WAY HOUSE, ~1ED AT
~UTH ~g BOULEVARD, AS
E PARTICU~RLY DE'
~RtBED ~REIN, AND ~END
~ ~IHG ~P~ DELRAY
~USE; A ~VI~ C~USE, AND
~ EFFECTIVE DATE.
~J~ug OF THE CITY ~ DELRAY
B~CH, FLOR~DK ~ENO NG SEC
T~g 2.aL ~R~EDURES FOR
TAINING ~RMIT$ AND APPROV*
AL~, SUBSECTION ~43
~EM~RARY USE PERi,P,
THE ~ND DEVELOPMENT REGU
~TIONS OF THE CITY OF DELRAY
BEACH, BY ADDING 'SEASONAL
FARMER'S ~RKET' AS AN AL.
~ABLED TEM~RARy U~E,
~D PROVIDING FOR CERTAIN
RESTRICTfOgS; PROVIDING A
~NERAL REPEALER C~U$E, A
~VING C~U$E, AgD AN EFFEC-
TIVE
AN ORDINANCE OF THE CITY
MISSION OF THE CiTY OF DELRAY
BEACH, FLORIDA, AJI~ENDING SEC.
TION ~L&.9, ~OFF STREET PARKING
REGULATIONS', OF THE LAND DE.
VELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH BY
ADDING PARKING LOT DIMENSION
DETAILS, STRIPING DETAILS,
A~ENDING GUEST PARKING RE,
~IR~ENTS, AND OTHER MI~R
~IFI~TIONS TO RE~TED SEC*
TI~S; PROVIDING A GENERAL
REELER C~USE, A ~VING
. ~USE, AND AN EFFECTIVE
~TE,
CI~ OF ~L~Y
AI~ ~Gr~ N~
C~ C~