Ord 59-06[IT4 OF DELRp4 BEp[H
DELRAY BEACH
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CITY CLERK ,00 N.W. 1st AVENUE • DELRAY BEACH, FLORIDA 33444.561 243-7000
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CERTIFICATION
I, CHEVELLE D. NUBIN, CMC, City Clerk of the City of Delray
Beach, do hereby certify that the attached document is a true and correct
copy of Ordinance No. 59-06, as the same was passed and adopted by the
Delray Beach City Commission in regular session on the 20th day of March
2007.
IN VYITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 22nd day of
March, 2007.
~~~~
Chevelle D. Nubin, CMC
City Clerk
City of Delray Beach, Florida
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ORDINANCE NO. 59-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE
MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE
PLAN FROM CF (COMMUNITY FACILITIES); TO LD (LOW
DENSITY RESIDENTIAL 0-5 DU/AC); ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS; AND
REZONING AND PLACING LAND PRESENTLY ZONED CF
(COMMUNITY FACILITIES) TO R-1-AA (SINGLE FAMILY
RESIDENTIAL) DISTRICT; PROVIDING FOR A MODIFICATION
OF MINIMUM LOT REQUIREMENTS AND SETBACKS FOR
CERTAIN LOTS; SAID LAND BEING A PARCEL OF LAND
LOCATED 125 FEET SOUTH OF SHERWOOD BOULEVARD,
APPROXIMATELY 650 FEET EAST OF MILITARY TRAIL, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, MARCH 2006"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTNE DATE.
WHEREAS, Christ the King Monastery of St Clare, Inc., is the fee simple owner of a 8.27 acre
parcel of land located approximately 125 feet south of Sherwood Boulevard, approximately 650 feet
east of Military Trail; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map
(PLUM) designation of CF (Community Facilities); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac); and
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 CF (Community Facilities) District;
and
WHEREAS, at its meeting of February 26, 2007, the Planning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 3 to 1 to
recommend that the changes be approved; 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 does
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 with the addition of conditions as permitted by Section 2.4.4 of the Land
Development Regulations and as set forth below; and
WHEREAS, notice has been sent regarding the reduction of the minimum lot dimension
requirements as set forth in Section 4.3.1 of the Land Development Regulations; 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 DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Future Land Use Map designation of the subject property is hereby
officially affixed as LD (Low Density Residential 0-5 du/ac).
Section 3. That the City of Delray Beach elects to make this small scale amendment by having
only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same
is hereby amended to reflect a zoning classification of R-1-AA District for the following described
property:
THE EAST 573.0 FEET OF THE WEST 1285.0 FEET OF THE SOUTH 760.0 FEET OF
THE NORTH 1595.0 FEET OF THE SOUTH HALF OF SECTION 24, TOWNSHIP 46
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LESS THE
FOLLOWING DECCRIBED PARCEL:
BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED
PARCEL; THENCE S.89°27'28"E., ALONG THE NORTH LINE OF THE ABOVE
DESCRIBED PARCEL, A DISTANCE OF 125.00; THENCE S.0°00'00"W., A DISTANCE
OF 167.42 FEET; THENCE S.25°21'56"W., A DISTANCE OF 35.00 FEET; THENCE
S.0°00'00"W., A DISTANCE OF 385.50 FEET TO A POINT ON A CURVE CONCAVE
TO THE NORTHEAST HAVING A CENTRAL ANGLE OF 32°24'36" AND A RADIUS
OF 61.00 FEET; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 34.51 FEET; THENCE S.59°08'26"W., A DISTANCE OF 139.21 FEET
TO A POINT ON THE WEST LINE OF THE ABOVE DESCRIBED PARCEL; THENCE
2 ORD NO. 59-06
N.0°00'00"E., ALONG THE SAID WEST LINE, A DISTANCE OF 689.83 FEET TO THE
POINT OF BEGINNING.
PARCEL CONTAINING 8.27 ACRES MORE OR LESS.
Section 5. 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 4 hereof.
Section 6. That pursuant to Section 2.4.4 of the Land Development Regulations, to ensure
compatibility, this Ordinance shall be conditioned upon lots 1-6, 21 and 26, as shown on the attached
exhibit "A", being a minimum size of 12,500 sq. ft. each with minimum lot requirements as follows; lot
width 100 ft., lot depth 110 ft., lot frontage 100 ft., front setback 35 ft., side street setback 17 ft., side
interior setback 12 ft., rear setback 12 ft., and that the remaining property, not including the above
mentioned lots, shall consist of no more than 18 lots, each meeting the minimum standards of the R-1-
AA zoning requirements, except for lots 17 and 22 in which the lot frontage and lot width on both lots
shall be allowed to be reduced from the required 95 feet to 89 feet based on the City Commission
finding herein made that it is necessary and appropriate to allow the reduction in order that
compatibility can be accomplished.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 8. 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 affect the validity of the entirety of this ordinance, and this ordinance shall be deemed
null and void.
ORD NO. 59-06
1
Section 9. That this ordinance shall become effective as follows: thirty-one (31) days after
adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the
effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this
amendment may be issued ox commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks
Boulevard, Tallahassee, Florida 32399-2100.
PASSE AND ADOPTED in regular session on second and final reading on this ~~ day
of , 2007.
OR
ATTEST:
City Clerk
First Readin J
Second Readin 3
4 ORD NO. 59-06
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TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER l
SUBJECT: AGENDA ITEM # ICJ. h -REGULAR MEETING OF MARCH 20, 2007
ORDINANCE NO 59-06 (SECOND READING/SECOND PUBLIC
HEARING
DATE: MARCH 16, 2007
This ordinance is before Commission for second reading and second public hearing for a privately
sponsored Future Land Use Map amendment (small-scale) from CF (Community Facilities) to LD
(Low Density Residential 0-5 du/ac) for an 8.27 acre portion of the Christ the King Monastery of St.
Clare and rezoning from CF (Community Facilities) to R-1-AA (Single Family Residential) and
associated reduction of lot frontage and lot width requirements for proposed Lots 17 and 22 within
the subdivision at Christ the King Monastery of St. Clare, Inc., located at the southeast corner of
Sherwood Boulevard and Sutton Place.
Letters from the public on this item that were previously provided to the Commission axe not
attached to this memo.
At the first reading on March 5, 2007, the Commission passed Ordinance No. 59-06.
Recommend approval of Ordinance No. 59-06 on second and final reading.
S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 59-06 Christ the King St Clare Monstery Znd Reading & Public Hearing 03.?A.07.doc
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CITY COMMISSION DOCUMENTATION
TO: DAVI T H , CI MANAGER
THRU: PAUL DORLING, AICP, D TOR OF PLANNING AND ZONING
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FROM: JASMIN ALLEN, PLANNER G~'.~n~,~ C~~~ '~"~„
SUBJECT: MEETING OF MARCH 5, 200
PRIVATELY SPONSORED FUTURE LAND USE MAP AMENDMENT (SMALL
SCALE) FROM CF (COMMUNITY FACILITIES) TO LD (LOW DENSITY
RESIDENTIAL 0-5 DU/AC) FORA 8.27 ACRE PORTION OF THE CHRIST THE
KING MONASTERY OF ST. CLARE AND REZONING FROM CF (COMMUNITY
FACILITIES) TO R-1-AA (SINGLE FAMILY RESIDENTIAL) AND ASSOCIATED
REDUCTION OF LOT FRONTAGE AND LOT WIDTH REQUIREMENTS FOR
PROPOSED LOTS 17 AND 22
~~ •.~~ BACKGROUND
The subject property is located 125 feet south of Sherwood Boulevard, approximately 650 feet
east of Military Trail, and to the rear (east) of the Emmanuel Catholic Church. The proposal
involves 8.27 acres of the 10.98 acre Christ the King Monastery of St. Clare site which was
originally constructed in the late 1960s as a monastery for the Poor St Clare Nuns.
The background and history of the project is noted in the attached Planning and Zoning Board
Memorandum Staff report of February 26, 2007.
' ~ CURRENT PROPOSAL
This was originally scheduled to be considered by the City Commission on February 6, 2007.
However, on February 5, 2007, the applicant postponed the action as the site area of the
subject property considered for the Future Land Use Map change and rezoning was reduced
from 9.00 acres to 8.27 acres.
The revised petition now involves amending the Future Land Use Map designation from CF
(Community Facilities) to LD (Low Density Residential 0-5 du/ac) and rezoning from CF
(Community Facilities) to R-1-AA fora 8.27 acre portion of the overall site. With this change
three (3) fewer lots are proposed and there is a resulting change in the lot number system.
As with the earlier proposal, the single family zoned parcels located along Sherwood Boulevard
would retain their current R-1-AAA-B zoning classification. The proposed lots on the north and
south sides of Lakeview Boulevard extended would maintain a minimum size of 12,500 sq. ft.
each with minimum lot requirements as follows; lot width 100 ft., lot depth 110 ft., lot frontage
100 ft.
The revised concept plan now shows 23 single family lots within the area being amended.
Including that portion of the site which is currently zoned R-1-AAA-B, there is a total of 26 lots
depicted on the site plan.
Additionally, the proposed access from Sherwood Boulevard has been modified. Previously, a
two-way access was proposed to the existing priest's residence which narrowed to provide an
inbound, one-way access only to the proposed residential development. The modified
development plan shows an inbound, one-way access only to the proposed residential
development. ®-
1
`~ City Commission Documentation -Meeting of March 5, 2007
Christ The King Monastery of St Clare Future land Use Map Amendment and Rezoning and Associated Reduction of
Lot Frontage and Lot Width Requirements for Proposed Lots 17 and 22
PLANNING AND ZONING BOARD CONSIDERATION
At its meeting of February 26, 2007, the Planning and Zoning Board held a public hearing to
consider the request for Future Land Use Map amendment (small-scale) from CF (Community
Facilities) to LD (Low Density Residential 0-5 du/ac) and a rezoning from CF (Community
Facilities) to R-1-AA (Single Family Residential) for the subject property. Staff recommended
approval 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 meets the criteria set forth in
Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations and that to ensure
compatibility, recommended that Section 6 as stated below be incorporated into Ordinance 59-
06.
Section 6. That pursuant to Section 2.4.4 of the Land Development Regulations,
to ensure compatibility, this Ordinance shall be conditioned upon lots 1-6, 21 and 26, as
shown on the attached exhibit "A", being a minimum size of 12,500 sq. ft. each with
minimum lot requirements as follows; lot width 100 ft., lot depth 110 ft., lot frontage 100
ft., front setback 35 ft., side street setback 17 ft., side interior setback 12 ft., rear setback
12 ft., and that the remaining property, not including the above mentioned lots, shall
consist of no more than 18 lots, each meeting the minimum standards of the R-1-AA
zoning requirements, except for lots 17 and 22 in which the lot frontage and lot width on
both lots shall be allowed to be reduced from the required 95 feet to 89 feet based on the
City Commission finding herein made that it is necessary and appropriate to allow the
reduction in order that compatibility can be accomplished.
Four residents spoke in opposition, and requested that the site has the same zoning as the
neighborhood; that the R-1-AAA-B zoning requirements with respect to lot sizes be extended
along the eastern perimeter and, that concerns with respect to traffic impact from the proposed
residential development and proposed monastery still remain and that the one-way entrance
from Sherwood Boulevard be addressed.
The Board discussed the proposal and offered the following comments, namely, that the traffic
impacts from the retired priests residence be via the Church's property if that retired priest's
home is tied to the church; that there has been significant compromise and that procedurally the
item is only being re-heard by the Planning and Zoning Board because of the reduction of the
site and the resulting loss of three lots.
The Board voted 3 to 1 (Gary Eliopoulos dissenting), to recommend that the request be
approved 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 meets the criteria set forth in
Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations.
LOT REQUIREMENT REDUCTION ANALYSIS
The applicant is currently seeking a reduction to the lot requirements for Lots 17 and 22
(previously numbered Lot 20 and 25). Both Lots 17 and 22 are 11,036 square feet and although
they exceed the minimum lot area of 9,500 sq. ft. they do not meet the minimum lot frontage
and lot width requirement. Pursuant to LDR Section 4.3.4(K) "Development Standards Matrix"
a minimum lot frontage and lot width of 95 feet is required for corner lots. A proposed lot width
and lot frontage dimension of 89 feet is proposed for each lot. Pursuant to LDR Section
4.3.1(D), lots or yards created after October 1, 1990 shall meet the minimum requirements
2
City Commission Documentation -Meeting of March 5, 2007
Christ The King Monastery of St Clare Future land Use Map Amendment and Rezoning and Associated Reduction of
Lot Frontage and Lot Width Requirements for Proposed Lots 17 and 22
established by Chapter 4 unless the City Commission declares at the time of approval of an
associated development application that it is necessary and appropriate to create such
nonconformity.
The justification provided by the applicant is attached and a summary of the reasons cited for
the reduction request is noted below:
"The reasons for the proposed reduction in the lot frontage and width requirements relate to the
restrictions being placed on other lots within the property contained in the Plan. The reason that
the other lots were restricted was to establish identical lot sizes to the lots immediately joining
them. This is a higher standard than is required for a future land use change or a rezoning. The
Plan has been revised so as to place a condition upon 5 lots in the northern quadrant of the
property that they be not less than 12, 500 square feet. Increasing these lots sizes resulted in
reducing the lot frontage and widths for Lot 17 and 22. Even with Phis reduction, Lots 17 and 22
could allow for a home fo be constructed with a width of 64 feet within the required setbacks,
which is generally speaking, as large as or larger than other homes in the area. Furthermore,
even with the reduction, Lots 17 and 22 will be 1,536 square feet Larger than the lot size
required for the R-1-AA zoning district. Additionally, since corner lots require a width 20 feet
larger than interior lots, fhese lots are still 14 feet longer than interior lots would be.
Accordingly, the homes to be constructed on these lots will still meet the minimum lot size
requirement, allow for full size homes, and be in conformity with the surrounding neighborhood"
As the reduction in the lot frontage and lot width has been created in order to provide larger lots
adjacent to the neighboring properties it is proper for the City Commission to determine that the
reduction request is necessary and appropriate.
- STAFF RECOMMENDATION
Approve the Future Land Use Map amendment from CF (Community Facilities) to LD (Low
Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-AA
(Single Family Residential) for 8.27 acres of land lying within Christ the King Monastery of St.
Clare 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 meets the criteria set forth in Sections
3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations; and pursuant to LDR
Section 4.3.1(D) finding that the request for a reduction in the lot dimension requirements for
Lots 17 and 22 as shown on the attached Exhibit "A" is necessary and appropriate; and to
ensure compatibility recommend that Section 6 be incorporated into Ordinance 59-06.
Attachments:
^ Ordinance No. 59-06
^ Site Plan Exhibit "A°
^ Justification Statement dated February 20, 2007 "Exhibit "B"
^ Revised Survey
^ Planning and Zoning Board Staff Report of February 26, 2007
3
ORDINANCE NO. 59-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE
MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE
PLAN FROM CF (COMMUNITY FACILITIES); TO LD (LOW
DENSITY RESIDENTIAL 0-5 DU/AC); ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL
SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND
PLACING LAND PRESENTLY ZONED CF (COMMUNITY
FACILITIES) TO R-1-AA (SINGLE FAMILY RESIDENTIAL)
DISTRICT; PROVIDING FOR A MODIFICATION OF MINIMUM LOT
REQUIREMENTS AND SETBACKS FOR CERTAIN LOTS; SAID
LAND BEING A PARCEL OF LAND LOCATED 125 FEET SOUTH OF
SHERWOOD BOULEVARD, APPROXIMATELY 650 FEET EAST OF
MILITARY TRAIL, 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, Christ the King Monastery of St Clare, Inc., is the fee simple owner of a 8.27
acre parcel of land located approximately 125 feet south of Sherwood Boulevard, approximately
650 feet east of Military Trail; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map
(FLUM) designation of CF (Community Facilities); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac); and
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 CF (Community Facilities)
District; and
WI~EREAS, at its meeting of February 26, 2007, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
3 to 1 to recommend that the changes be approved; 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 does
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 with the addition of conditions as permitted by Section
2.4.4 of the Land Development Regulations and as set forth below; and
WHEREAS, notice has been sent regarding the reduction of the minimum lot dimension
requirements as set forth in Section 4.3.1 of the Land Development Regulations; 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 DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Future Land Use Map designation of the subject property is hereby
officially affixed as LD (Low Density Residential 0-5 du/ac).
Section 3. That the City of Dekay Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of R-1-AA District for the following
described property:
THE EAST 573.0 FEET OF THE WEST 1285.0 FEET OF THE SOUTH 760.0 FEET OF
THE NORTH 1595.0 FEET OF THE SOUTH HALF OF SECTION 24, TOWNSHIP 46
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LESS THE
FOLLOWING DECSRIBED PARCEL:
BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED
PARCEL; THENCE S.89°27'28"E., ALONG THE NORTH LINE OF THE ABOVE
DESCRIBED PARCEL, A DISTANCE OF 125.00; THENCE S.0°00'00"W., A
DISTANCE OF 167.42 FEET; THENCE S.25°21'56"W., A DISTANCE OF 35.00 FEET;
THENCE S.0°00'00"W., A DISTANCE OF 385.50 FEET TO A POINT ON A CURVE
CONCAVE TO THE NORTHEAST HAVING A CENTRAL ANGLE OF 32°24'36" AND
A RADIUS OF 61.00 FEET; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID
2 ORD NO. 59-06
CURVE, A DISTANCE OF 34.51 FEET; THENCE 5.59°08'26"W., A DISTANCE OF
139.21 FEET TO A POINT ON THE WEST LINE OF THE ABOVE DESCRIBED
PARCEL; THENCE N.0°00'00"E., ALONG THE SAID WEST LINE, A DISTANCE OF
689.83 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINING 8.27 ACRES MORE OR LESS.
Section 5. 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 4 hereof.
Section 6. That pursuant to Section 2.4.4 of the Land Development Regulations, to ensure
compatibility, this Ordinance shall be conditioned upon lots 1-6, 21 and 26, as shown on the
attached exhibit "A", being a minimum size of 12,500 sq. ft. each with minimum lot requirements
as follows; lot width 100 ft., lot depth 110 ft., lot frontage 100 ft., front setback 35 ft., side street
setback 17 ft., side interior setback 12 ft., rear setback 12 ft., and that the remaining property, not
including the above mentioned lots, shall consist of no more than 18 lots, each meeting the
minimum standards of the R-1-AA zoning requirements, except for lots 17 and 22 in which the lot
frontage and lot width on both lots shall be allowed to be reduced from the required 95 feet to 89
feet based on the City Commission finding herein made that it is necessary and appropriate to allow
the reduction in order that compatibility can be accomplished.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 8. 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 affect the validity of the entirety of this ordinance, and this ordinance shall be deemed
null and void.
Section 9. That this ordinance shall become effective as follows: thirty-one (31) days after
adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged,
the effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard
Oaks Boulevard, Tallahassee, Florida 32399-2100.
ORD NO. 59-06
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 200_.
ATTEST
City Clerk
First Reading
Second Reading
MAYOR
4 ORD NO. 59-06
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ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
i=-mail: mweiner@zonelaw.com
MIGHP.EL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
SHAYNA M. REITMAN
February 20, 2007
Mr. Paul Dorling
Director of Planning and Zoning
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Christ the King Monastery of"St. Clare
Our File No.: GIUA002
Dear Paul:
OF COUNSEL:
ROBERT MARC SCHWARTZ, PA.
Florida Bar Board Certified
Real Estate Lawyer
Via Hand Delivery
This letter is a justification regarding Section 4.3.1(D) of the City of Delray Beach
~,
Land Developmenf. Regulations (LDRs ). Section 4.3.1(D) of the LDRs states that "No
yard or lot existing at the time of passage of this chapter 4hall _be reduced in area or
dimensions below the minimum requirements set forth herein. Lots or yards crested after
October 1, 1990 shall meet the minimum requirements established by this chapter unless
the City Commission declares at the time of approval of an associated development
application that it is necessary and appropriate to create such a non.conformity."
in conjunction with proposed Ordinance 59-06, our client is requesting a reduction
for the lot frontage and lot width requirements for Lots 17 and 22 on the property
("Property") as shown on the attached plan ("Plan"). We-are requesting a reduction in the
required interior corner lots in R-1-AA from 95 feet to 89 feet, equalling a reduction of 6 feet
per lot. The proposed lot square footage, which is approximately 11,036 square feet, is
larger than the minimum required 9,500 square foot lot size within the R-1-AA zoning
district. Additionally, the proposed lot depth of 124 feet is 24 feet greater than the
minimum 100 foot depth required in this zoning district.
The City Commission should be compelled at the time of the fu#ure land use map
change and rezoning to declare that. it is necessary and appropriate to create such
nonconformity. The future land use change and rezoning is an approval of a development
so this is the appropriate time for a determination on this issue.
The reasons for the proposed reduction in the lot frontage and width requirements
relate to the restrictions being placed on other lots within the Property contained in tl~e
O:~GIUA0021Letter to Paul Dorling re juslificalion.February 20, 2007.doc
Mr. Pa~_t! Dorlir?~
February 20, 2007
Page 2 of 2
Plan. The reason that the other lots were restricted was to establish identical lot sizes to
the lots immediately joining them. This is a higher standard than is required for a future
land use change or a rezoning. The Plan has been revised so as to place a condition upon
5 lots in the northern quadrant of the Property that they be not less than 12,500 square
feet. increasing these lot sizes resulted in reducing the lot frontage and widths for Lots 17
and 22. Even with this reduction, Lots 17 and 22 could allow for a home to be constructed
with a width of 64 feet within the required setbacks, which is generally speaking, as large
as or larger than other homes in the area. Furthermore, even with the reduction, Lots 17
and 22 will be 1,536 square feet larger than the lot size required for the R-1-AA zoning
district. Additionally, since corner lots require a width 20 feet larger than interior lots, these
lots are still 14 feet longer than interior lots would be.
Accordingly, the homes to be constructed on these lots will still. meet the minimum
lot size requirement, allow for full size homes, and be in conformity with the surrounding
neighborhood. Given the desire to create lots of an identical size to the lot sizes that border
the northern quadrant of the Property, decreasing these lots in the southern quadrant of
the Property by a mere 6 feet is necessary and appropriate.
Pleas contact me should you need any additional information.
Very ly urs,
Mic e'S. einer
MSW: ~mf '
Enclosure
Cc: Mr. Angelo -Ray Giudice (w/o enclosures)
Mr. Jess Sowards (w/o enclosures)
Jason S. Mankoff, Esquire (wlo enclosures)
Shayna M. Reitman, Esquire (w/o enclosures)
Ms. Ashlee L. Vargo (w/o enclosures)
0:1GIUA0021Letter to Paul Dorling re justification.February 20, 2007.doc
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~~w` -~" PLANNING=AND ZONING BOARD MEMORANDUM STAFF~REPORT
MEETING DATE: FEBRUARY 26, 2007
AGENDA NO.: IV.A
AGENDA ITEM: PRIVATELY SPONSORED FUTURE LAND USE MAP AMENDMENT
(SMALL SCALE) FROM CF (COMMUNITY FACILITIES) TO LD (LOW
DENSITY RESIDENTIAL 0-5 DUlAC) FORA 8.274 ACRE PORTION OF
THE CHRIST THE KING MONASTERY OF ST CLARE AND REZONING
FROM CF (COMMUNITY FACILITIES) TO R-1-AA (SINGLE FAMILY
RESIDENTIAL)
~.
The subject property is located 125 feet south of Sherwood Boulevard, approximately 650 feet
east of Military Trail, and to the rear (east) of the Emmanuel Catholic Church. The proposal
involves 8.274 acres of the 10.98 acre Christ the King Monastery of St. Clare site which was
originally constructed in the late 1960s as a monastery for the Poor Clare Nuns.
With adoption of the Comprehensive Plan in 1989, the subject property was designated CF
(Community Facilities) on the Future Land Use Map. Subsequently, with the Citywide rezoning
in October 1990, the property was rezoned from R-1-AAA-B to CF Community Facilities.
At its meeting of January 11, 2006, the Site Plan Review and Appearance Board approved a
Class V site plan to allow the construction of a new Monastery for the Poor Clare Nuns, which
included a sanctuary, living quarters, and administration offices. Subsequent to the site plan
approval, it was determined that the cost to build and maintain the proposed facility was
prohibitive and the development proposal was abandoned.
On August 21, 2006, the Planning and Zoning Board considered a request for a Future Land
Use Map (PLUM) amendment from CF (Community Facilities) to LD (Low Density Residential 0-
5 du/ac) and a rezoning from CF (Community Facilities) and R-1-AAA-B (Single Family
Residential) to PRD-5 (Planned Residential Development - 5 units per acre). At that meeting,
there was significant public comment opposing the proposed PRD (Planned Residential
Development) zoning category. Following public testimony, the Board continued the petition at
the request of the applicant in order for the applicant to work with the neighborhood groups.
On September 22, 2006, revised petitions were submitted. The new petitions involved amending
the Future Land Use Map designation from CF (Community Facilities) to LD (Low Density
Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-AA fora 9.0 acre
portion of the overall site. With the revised petition, the single family zoned parcels located along
Sherwood Boulevard would retain their current R-1-AAA-B zoning classification and a portion of
the site (the northwest corner) would retain its CF (Community Facilities) zoning classification to
accommodate the relocated monastery use.
At its meeting of October 16, 2006, the Planning. and Zoning Board held a public hearing to
consider the amended petition. Staff recommended approval of a compromise which required
modification of the request to provide R-1-AAA-B sized lots along the east property line where
they immediately abut R-1-AAA-B zoned lots within the Sherwood Park Subdivision. There was
considerable public testimony. Several residents spoke in opposition to the requested R-1-AA
IV.A
Planning and Zoning Board Memorandum Staff Report -Meeting of February 26, 2007
Christ The King Monastery of St Clare Future land Use Map Amendment and Rezoning
zoning district and suggested a zoning of R-1-AAA-B; or a combination of R-1-AA and
R-1-AAA-B. The residents also voiced concerns with respect to the traffic and its impacts on the
adjacent neighborhood street system and requested that access be obtained to Military Trail
through the Emmanuel Catholic Church site. The Board discussed the proposal and offered the
following comments, namely, that they had hoped some compromise could have been reached
with the access and this remained a major concern. They felt from a zoning perspective, the
proposed zoning was compatible. After discussing the proposal, the Board voted 5 to 0, to
recommend that the request be denied based upon findings that the request is inconsistent with
the Comprehensive Plan, and does not meet the criteria set forth in Sections 3.1.1, 3.2.2, and
2.4.5(D)(5) of the Land Development Regulations.
The City Commission considered the proposed requests at meetings held on November 21,
2006, December 5, 2006, January 2, 2007 and January 16, 2007.
On November 21, 2006, the City Commission approved on first reading Ordinance 59-06.
On December 5, 2006, the City Commission approved on first reading amended Ordinance 59-
06 and revised concept plan with Lots 1 - 6, 24 and 29 having a minimum size of 12, 500 sq. ft.,
and with the caveat that the balance of the site contain no more than 21 lots.
On January 2, 2007, the City Commission considered on first reading amended Ordinance 59-
06 that reflected a revised concept plan showing Lots 1 - 6, 24 and 29 having a minimum size
of 12, 500 sq. ft. each and the remaining lots, with the exception of Lots 20 and Lot 25, meeting
the minimum standards of the R-1-AA zoning requirements. Both Lots 20 and 25 were 11,036
square feet, and although they exceeded the minimum lot area of 9,500 sq. ft., they did not
meet the minimum lot frontage and lot width requirement of 89 feet. Pursuant to LDR Section
4.3.1, the City Commission shall make a finding to allow the reduction in the lot dimension.
The City Commission continued Ordinance 59-06 to January 16, 2007, so that the ordinance
could be modified to add the requirement that the R-1-AAA-B building setback requirements
would be applied to lots 1-6, 24 and 29.
On January 16, 2007, the City Commission approved on first reading~rst public hearing a
subsequently amended Ordinance 59-06, with the caveat that the conditions in Section 6 (size
and setbacks of the R-1-AAA-B for Lots 1-6 and 24 and 29) of the ordinance be applied as they
relate to compatibility with the adjacent neighborhood. Section 6 of said Ordinance 59-06,
considered by the City Commission on January 16, 2007, states:
"Section 6. That pursuant to Section 2.4.4 of the Land Development Regulations, to
ensure compatibility, this Ordinance shall be conditioned upon lots 1-6, 24 and 29, as
shown on the attached exhibit "A", being a minimum size of 12,500 sq. ft. each with
minimum lot requirements as follows; lot width 100 ft., lot depth 110 ft., lot frontage 100
ft., front setback 35 ft., side street setback 17 ft., side interior setback 12 ft., rear setback
12 ft., and that the remaining property, not including the above mentioned lots, shall
consist of no more than 21 lots, each meeting the minimum standards of the R-1-AA
zoning requirements, except for lots 20 and 25 in which the lot frontage and lot width on
both lots shall be allowed to be reduced from the required 95 feet to 89 feet based on the
City Commission finding herein made that it is necessary and appropriate to create the
nonconformity in order that compatibility can be accomplished."
2
Planning and Zoning Board Memorandum Staff Report -Meeting of February 26, 2007
Christ The King Monastery of St Clare Future land Use Map Amendment and Rezoning
- ~ ~ ci flP ° .. ~ ._ ,~ .,~ ~ . x . _ ~ . n
On February 5, 2007, the applicant notified the City that the site area of the subject property
was being changed from 9.00 acres to 8.27 acres, due to the fact that the retired priest's site
would no longer be available for purchase for the future monastery site). With the revised
request, 1.069 acres of the overall site {not including the existing retired priest's residence site)
will remain CF (Community Facilities).
The revised petition now involves amending the Future Land Use Map designation from CF
(Community Facilities) to LD (Low Density Residential 0-5 du/ac) and rezoning from CF
(Community Facilities) to R-1-AA fora 8.27 acre portion of the overall site. With this change
three (3) lots were eliminated. This has resulted in a change in the lot number system.
As with the earlier proposal, the single family zoned parcels located along Sherwood Boulevard
would retain their current R-1-AAA-B zoning classification. The proposed lots on the north and
south sides of Lakeview Boulevard extended would maintain a minimum size of 12,500 sq. ft.
each with minimum lot requirements as follows; lot width 100 ft., lot depth 110 ft., lot frontage
100 ft.
The revised concept plan now shows 23 single family lots within the area being amended.
Including that portion of the site which is currently zoned R-1-AAA-B, there is a total of 26 lots
depicted on the site plan.
Additionally, the proposed access from Sherwood Boulevard has been modified. Previously, a
two-way access was proposed to the existing priest's residence which narrowed to provide an
inbound, one-way access only to the proposed residential development. The modified
development plan shows an inbound, one-way access only to the proposed residential
development.
The changes in the application relate to a reduction of the subject parcel from 9.00 acres to 8.27
acres.
It is should be noted that since the petition was reviewed by the Planning and Zoning Board
there has been a total reduction of six (6) lots. Under the plan previously reviewed by the
Planning and Zoning Board, an overall total of 32 lots were proposed with 29 of those lots
located within the proposed R-1-AA zoned area. This equated to a density of 3.22 units per acre
(29 lots _ 9.00 acres). Under the current development scenario a density of 2.78 units per acre
(i.e. 23 lots T 8.27 acres) is proposed.
Since the changes do not result in additional impacts the analysis and findings made in the
Planning and Zoning Board Staff Report of October 16, 2006 remain unchanged and are made
a part of the record.
t.
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The proposed FLUM designation of LD (Low Density Residential) and zoning of R-1-AA is
consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development
3
Planning and Zoning Board Memorandum Staff Report -Meeting of February 26, 2007
Christ The King Monastery of St Clare Future land Use Map Amendment and Rezoning
Regulations. The existing CF Future Land Use Map designation and zoning does not allow the
redevelopment of the site for residential uses. Given the proposed demolition of the existing
monastery, the requested LD (Low Density Residential 0-5 du/ac) is appropriate and is
compatible with the surrounding Low Density Future Land Use Map designations. The proposed
R-1-AA zoning is compatible with the surrounding zoning designations, and is in keeping with
the mixed zoning pattern of R-1-AAA-B and R-1-AA that exists in the adjacent neighborhoods.
To increase compatibility it is recommended that the conditions contained in Section 6 of
Ordinance 59-06, stated below, are incorporated:
Section 6. That pursuant to Section 2.4.4 of the Land Development Regulations,
to ensure compatibility, this Ordinance shall be conditioned upon lots 1-6, 21 and 26, as
shown on the attached exhibit "A", being a minimum size of 12,500 sq. ft. each with
minimum lot requirements as follows; lot width 100 ft., lot depth 110 ft., lot frontage 100
ft., front setback 35 ft., side street setback 17 ft., side interior setback 12 ft., rear setback
12 ft., and that the remaining property, not including the above mentioned lots, shall
consist of no more than 18 lots, each meeting the minimum standards of the R-1-AA
zoning requirements, except for lots 17 and 22 in which the lot frontage and lot width on
both lots shall be allowed to be reduced from the required 95 feet to 89 feet based on the
City Commission finding herein made that it is necessary and appropriate to allow the
reduction in order that compatibility can be accomplished.
Although the lot numbers have changed, it should be noted the lot dimension and setback
requirements apply to the same lots as in the previous ordinance. Please note that fhe previous
lof numbers 24 and 29 and now lot numbers 21 and 26' and previous lot numbers 20 and 25
and now lof numbers 17 ands
Positive findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings).
_.. 41 'i•~~ iF .:• ~~~~9w1~~~1t~11 s'~ti,~, ~-'~~ ''~;~g:, k•`~' sFa
wu»at'ac '~,yl'' iw~..mx . ..--~ - '~~ ,,.73...E ~..~.~~~ .~ .~:,.~aa
Approve the Future Land Use Map amendment from CF (Community Facilities) to LD (Low
Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-AA (Single
Family Residential) for 8.274 acres of land lying within Christ the King Monastery of St Clare 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 meets the criteria set forth in Sections 3.1.1,
3.2.2, and 2.4.5(D)(5) of the Land Development Regulations and that to ensure compatibility,
Section 6 as stated above be incorporated into Ordinance 59-06.
Attachments:
^ Future Land Use Map reflecting new site area
^ Zoning Map reflecting new site area
^ Revised Concept Plan Exhibit Received February 6, 2007
^ Revised survey exhibit
^ Ordinance No. 59-06
^ Revised Future Land Use Map Amendment Justification Statement dated February 20, 2007
^ Revised Statement of Reasons for Rezoning dated February 20, 2007
^ Letter from Michael S. Weiner, Esq. dated February 23, 2007
^ Planning and Zoning Board Staff Report of October 16, 2006
^ Letters of Petition
4
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CHRIST THE KING MONASTERY OF ST. CLARE, INC.
REQUEST FOR FUTURE LAND USE MAP AMENDMENT
JUSTIFICATION STATEMENT
REVISED 2-20-07
The need for this application to request a land use amendment from CF to LD is due to
changes in availability of land. When the original comprehensive plan for the City of Delray
Beach was adopted, this property was owned and used by Christ the King Monastery of St. j
Clare, Inc. and received the classification of the designation of Community Facilities.
The original 34,060 sq. ft. building, built in 1967 on an 11.63 acre tract, is in deplorable
condition including water damage. Based upon the required repairs and complying with current
building codes, it was determined that the existing facility should be demolished.
In approximately 2003, a new 7,750 sq. ft. residence for retired priests was built on a
0.65 acre piece parceled out of the original 11.63 acres. However, due to changing trends and
conditions in their circumstances, the Poor Clare Nuns are now proposing to abandon the
existing facility which they can no longer maintain. As a result, the Nuns will construct a new but
smaller monastery on the existing parcel. This 1.069 acre parcel will be located on the west
side of the overall site and will be contiguous with the Retired Priests Home and Emmanuel
Catholic Church and will remain as CF land use. This will leave a large undeveloped parcel of
approximately 8.2732 acres to be changed to a LD residential use.. The retired priests
residence of approximately 8,500 sq. ft. on the 0.65 acre site will remain with the Catholic
Church and the 1.64 acre parcel located on Sherwood Boulevard will remain as LD.
' Proposed for the approximate 8.2732 acres balance are approximately 26 single family
lots. This would be a density substantially less than 5 units per acre.
The requested designation of LD is consistent with the predominately residential
community goal of the adopted Comprehensive Plan, consistent with the objective to
compliment adjacent land uses and fulfill policies by providing a variety of housing types to
accommodate the diverse. makeup. of the City's demographic profile to meet housing. needs.
A traffic study has determined that the parcel, completely built out, will still meet
concurrency standards.
According to the FLUM map, the subject property is currently surrounded on the north by
LD (Low Density 0-5 units per acre), on the east by OS (Open Space -the Lakeview Golf
Course) and on the south and west by CF (Community Facilities - ConferencelOther, church
property). Therefore, the land use designation of LD would be appropriate and compatible with
existing and future land uses of the surrounding properties.
Development under the requested designation will comply with the provisions and
requirements of the Land Development Regulations.
CHRIST THE KING MONASTERY OF ST. CLARE, INC.
REQUEST FOR REZONING
JUSTIFICATION STATEMENT
REVISED 2-20-07
There has been a change in circumstances which makes the current zoning
inappropriate. The 40 year old monastery is in a deplorable condition including water damage.
Since it is too costly to make repairs and maintain, the nuns in residence are proposing to
demolish the facility and move to a smaller site thus making +/- 8.2732 acres of vacant land
available for development. Single family residential R-1-AA zoning is similar to the existing CF
zoning in intensity but more appropriate to the adjacent areas.
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: mweiner@zonelaw.com
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
SHAYNA M. REITMAN
February 23, 2007
Susan Ruby, Esquire
City Attorney's Office
200 N.W. 15t Avenue
Delray Beach, Florida 33444
Re: Christ the King Monastery of St. Clare
Our File No.: GIUA002
Dear Susan and Paul:
VIA HAND DELIVERY
Mr. Paul Doriing
Director of Planning and Zoning
100 N.W. 1st Avenue
Delray Beach, Florida 33444
This letter is being submitted to be included as part of the record maintained by the City of
Delray Beach ("City') for the above referenced project. It updates our letter of February 1, 2007,
addressed to Susan Ruby, Esquire. The purpose of this letter is to summarize the evidence submitted
to date in connection with the requests for a Future Land Use Map ("PLUM")amendment and rezoning
as they relate to the above referenced project. These requests are consistent with the Citys
Comprehensive Plan and Land Development Regulations ("LDR's"). Additionally, this letter will
demonstrate compliance with Florida Statutes Section 166.041, dealing with notice requirements for
municipal ordinances.
~'l~~
f I_r1Fyl~vii~irl ~ %Ui~~~I~+~U
OF COUNSEL:
ROBERT MARC SCHwARTZ, P.A.
Florida Bar Board Certified
Real Estate Lawyer
02-23-07P12:10 RCVD
Future Land Use Map Amendment and Rezoning
In a letter previously submitted to your office, we have detailed the facts as to the required
findings for a PLUM amendment and rezoning. All requirements have been met. That letter is
attached as "Exhibit A." To summarize that letter, the proposed PLUM designation of Low Density
("LD") and proposed zoning of R-1-AA is consistent with the policies of the Comprehensive Plan
and Chapter 3 of the LDR's. The existing Community Facilities ("CF") Future Land Use Map
designation and zoning does not allow the redevelopment of the si#e for residential uses. Due to
the demonstrated need of a change in circumstances, the. requested PLUM designation of LD is
appropriate and is compatible with the surrounding LD PLUM designation. The proposed R-1-AA
zoning is compatible with the surrounding zoning designations, and is within with the zoning pattern
that exists in the adjacent neighborhoods, including a mix of R-1-AAA-B and R-1-AA zoning
designations. To further increase compatibility, per the City's recommendation, the perimeter lots,
Lots 1-6, 21 and 26 have been increased in size and are above the minimum lot size required by
R-1-AAA-B. This increase in size of the perimeter lots has enhanced compatibility with adjacent
single family homes, but also required decreasing the lot frontage and widths for Lots 17 and 22 in
order to increase the lot size for Lots 21 and 26, which are along the northern perimeter under the
proposed development scenario. Additionally, R-1-AAA-B building setbacks would be applied to
Lots 1-6, 21 and 26. A justification letter regarding these changes was previously submitted to the
O:\GIUA0021Letter to Susan Ruby and Paul Dorling.February 23 2007.doc
Susan Ruby, Esquire
Mr. Paul Dorling
February 23, 2007
Page 2 of 2
City and is attached as "Exhibit B." This property is not within a "stable" or "stabilization" zone
according to the Residential Neighborhood Categorization Map. Additionally, platting and Building
Permits will be applied for at the appropriate time in compliance with the LDR's.
Florida Statutes Chapter 166.041:
Procedures for Adoation of Ordinances and Resolutions.
The requirements setforth below applyto privately initiated ordinances, such as forthis project,
that changes the zoning map designation of a parcel or parcels of land. Under Florida Statutes Chapter
166.041(3)(a), which pertains to privately initiated rezonings, "a proposed ordinance maybe read by
title, or in full, on at least two (2) separate days and shall, at least ten (10) days prior to adoption, be
noticed once in a newspaper of general circulation in the municipality. The notice of proposed
enactment shall state the date, time, and place of the meeting; the title or titles of proposed ordinances;
and the place or places within the municipality where such proposed ordinances may be inspected by
the public. The notice shall also advertise that interested parties may appear at the meeting and be
heard with respect to the proposed ordinance." For amendments to the Comprehensive Plan, notice
requirements pursuant to Florida Statutes Chapter 163.3187(1)(c)(2)(a)state that a municipality must
comply with the notice provisions in Chapter 166.041. A review of the City's file demonstrates that the
state statutory requirements were met. The newspaper advertisement was first published in the Boca
Raton News/Delray Beach News on Friday, February 23, 2007, and is scheduled to run again on
Tuesday, March 13, 2007. The advertisement states the date, time and place of the City Commission
meetings, the title of the proposed ordinance, and where the proposed ordinance can be inspected by
the public. A~opy of this newspaperadvertisement is attached as "Exhibit C."
Very t urs,
Mi a r, Esq.
MSW:s r
Cc: Ms. Chevelle Nubin (w/enclosures)
Mr. Angelo Ray Giudice (w/enclosures}
Mr. Jess Sowards (w/enclosures)
0:1GIUA0021Letter to Susan Ruby and Paul Dorling.February 23 2007.doc
~~~~~~~ cs~~
!ttdEIP1ER c'?- AI?Ot`~'-~~--Ci~~f P".,'-'t.
ATTOP.NEYS AT LAW
The Clark House
102 North Swinfon Avenue
De-ray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: mweiner@zonelaw.com
AlCHAEL S. WEINER
:AROLE J. ARONSON
ASON S. MANKOFF
TERRY D. SAFIER
HAYNA M. REITMAN
OF CGUNSEL:
ROBERT MARC SCHWARTZ, P.A.
Florida Bar Board Certified
Real Estate lawyer
January 11, 2007
Susan Ruby, Esquire
City Attorney's Office
200 N.W. 1St Avenue
Delray Beach, Florida 33444.
V1A HAND DELIVERY
Re: Christ the King Monastery of St. Clare
Our File No.: GIUA002
Dear Susan:
On behalf of Christ the King Monastery of St. Clare ("our client"), we wish to advise you under the
law, our client meets the standards for a Future Land Use Map Amendment and a Rezoning. Below is an
explanation of how the requirements are met in addition to presenting applicable case law regarding
review standards the City of Delray Beach ("City') must apply in determining the approvals requested.
Satisfaction of the Requirements for a Future Land Use Map Amendment
Under Florida Statutes Section 163.3187(1)(c), the proposed amendment qualifies as a
small scale development amendment for the following reasons: (i) The property is less than ten (10)
acres; (ii) The cumulative effect of the amendments processed in connection with this request do not
exceed one-hundred and twenty (120) acres .within designated redevelopment anal traffic
concurrency exception areas, or sixty (60) acres annually in areas lying outside the designated
_ _.
areas; m The proposed atrteridnienf does not involve the property, or any other property belonging.
to the same owner within two-hundred~(200) feet of the subject property, which has been granted a
change within the prior twelve (12) months; (iv) There is no text change required; (v) The property is
not located within an area of critical-state concern; and (vi) The proposed residential density is less
than ten (10) units per acre. See Fla. Stat. § 167.3187(1)(c).
The future land use change requested is for approximately nine (9) acres, but in no event is it
more than nine and ninety-nine hundredths (9.99) acres. The change requested is from Community
Facility ("CF") to Low Density ("LD"). This change is consistent with the Future Land Use Map
("PLUM") because an LD designation is consistent with the residential zoning requested and the
subject property currently borders Open Space ("OS"), CF and LD designations.
PLUM Amendments must be based on findings that: (i) There is a demonstrated need for the
requested land use; (ii) The requested designation is consistent with the most recently adopted
Comprehensive Plan; (iii) Development at the highest intensity possible under the requested
designation meets concurrency standards; (iv) The requested designation will be compatible with
O:1(;IUN(1021Leller lu Susan RuUy.January 11 ~007.duc
Susan Ruby, Esquire
January 11, 2007
Page 2 of 4
existing and future land uses of the surrounding areas; and (v) Development under the requested
designation will comply with the provisions and requirements of the Land Development Regulations
("LDR's"). These findings are met as follows:
(i) Demonstrated bleed: There is a demonstrated need for this requested change. The
single use of the facility for the Poor Clare Nuns has now been abandoned, presenting a
change in circumstances. The existing facility on the property can no longer be maintained
by the nuns due to its deplorable condition, including major water damage. The
demographic trend from 1967, to present, has been residential in the surrounding areas.
Additionally, land availability within City limits for single family residential development is
scarce and much in demand.
(ii) Consistency: The proposed change is consistent with the City's Comprehensive Pian.
Policy A-2.3 of the Future Land Use Element states that development of remaining vacant
property should occur in a manner consistent with and complimentary to adjacent
development regardless of zoning designations. A single family residential development
vvould be consistent with that policy. Housing Element PolicyA-2.3 states that in evaluating
proposals for new development or redevelopment, the City should consider the effect that
the proposal will have on the stability of nearby neighborhoods. Accordingly, circulation
patterns were reviewed, and in this particular instance the proposal has the least amount of
impact on Sherwood Boulevard and Lakeview Boulevard. Compared to the' potential for
the existing monastery, the proposed new development would not negatively impact the
traffic patterns in the area. The. proposed single family development will have little impact
on the surrounding area with regard to noise, odors, and dust. Therefore, in addition to the
fact that the present land use classification has greater impact on the neighborhood than
the proposed land use, .the . proposed land. use is more consistent with, and more
complimentary to the surrounding land- use patterns:
(iii) Concurrency: Development, even at the highest intensity possible under the requested
designation can meet the adopted concurrency standards for traffic, solid waste, water and
sewer, parks and recreation, and schools. In fact, less than the highest density is being
proposed.
(iv) Compatibility: The proposed change is compatible with surrounding existing and
future FLUM designations. An LD designation is more consistent with the surrounding
areas than a CF designation, Additionally, LD is less intensive than a CF designation.
(v) Compliance: Development under the requested designation will comply with the
provisions and requirements of the LDR's. The proposed change is in compliance with the
LDR's and development of the property. will occur in accordance with those regulations,
including but not limited to review during the platting process.
Satisfaction of the Requirements for Rezoning
The required findings for the Future Land Use Map Amendment, Consistency and
Concurrency requirements pursuant to Section 3.1.1 were discussed above.
Under Section 3.2.2, Standards for Rezoning Actions, Standard 3.2.2(A) does not apply in
this instance because the subject property is not within a "stable" or "stabilization" zone according to
tl~e Residential Neighborhood Categorization Map. Section 3.2.2(B) does not apply io this property
because it concerns AC zoning: Section 3.2.2(C) also does not apply because this is not a
O'\i_ IU.400211e11er to Susan Ruby.Janua~y 11 2007.doc
Susan P,uby, Esquire
January 1 1 , LCJrJ!
Page 3 of 4
commercial development. Under Section 3.2.2(D), a level of compatibility with surrounding
designations is required. However, the designation does not have to be identical. Twenty-five
percent (25%) of the bordering designation is CF, thirty-five (35%) of the bordering designation is
OS and the remaining forty percent (40%) of the bordering designation is Residential. Therefore,
the subject property would be an area of transition so a designation of Single Family Residential (R-
1-AA) isappropriate. Lastly, Section 3.2.2(E) does not apply because this is not a Coastal.Planning
Area. In summary, all of the provisions relating to the standards far rezoning which do apply to this
submission are met.
Concerning compliance with the LDR's, platting will be required and building permits will be
applied for at the appropriate time, all in compliance with the LDR's.
Pursuant to Section 2.4.5(D)(5), the following two reasons for rezoning are applicable:
Section 2.4.5(D)(5)(b) where there is a change in circumstances which make the current zoning
inappropriate, and Section 2.4.5(D)(5)(c) where the requested zoning is of similar intensity as
allowed under the FLUM and that it is more appropriate for the property based upon circumstances
particular to the site and/or neighborhood. Circumstances have changed because the single
purpose use previously established is no longer viable and other CF uses would not be appropriate
for the area; R-1-AA is more appropriate and R-1-AA uses are of similar intensity, whereas CF is
not. We note, for the record, that the burden on our client is to establish a more appropriate zoning
classification and not the most appropriate zoning classification. While we believe we have in fact
selected the most appropriate zoning classification, we are not held to that higher standard. .
Standard of Review for Small Scale Develoament Amendment
The Florida Supreme Court has held that small scale development amendments to a city's
comprehensive plan, sought pursuant to Fla. Stat. § 163.3187(1)(c), "are legislative decisions which
are subject to the fairly-debatable standard of review." Coastal Dev. of N. Fla., Inc, v. City of
Jacksonville Beach, 788 So.2d 204, 210 (FIa..2001).
Standard of Review for Rezoning
The Florida Supreme Court has held that "a landowner seeking to rezone property has the
burden of proving that the proposal is consistent with the comprehensive plan and complies with all
procedural requirements of the zoning ordinance." Board of County Commissioners of Brevard
County v. Snyder, 627 So:2d 469, 476 (Fla. 1993). Once the landowner meets that burden, the
burden then shifts to the governmental board who must "demonstrate that maintaining the existing
zoning classification with respect to the property accomplishes a legitimate public purpose." Id. The
local government is required to show by substantial competent evidence that the existing zoning
classification was enacted in furtherance of some legitimate public purpose and that the public
interest is legitimately served by continuing that classification. Lee County v. Sunbelt Equities, Il,
Ltd. Partnership, 619 So.2d 996, 1007 (Fla. 2d DCA 1993).
Conclusion
Based on the above analysis, our client meets the necessary requirements for a FLUM .
amendment as well as a zoning change. The staff report concurs with that statement.. While it is
true chat changes to the land use are subject to a "fairly-debatable standard of review", it would be
difficult to believe that reasonable persons could differ on a change which was decreasing intensity.
Since a future land use change to LD would no longer allow for commercial and public sector uses,
but would only allow for residential uses under the lowest density category allowed in il~e Cily, this
0:1GI1~•400?~Leller i0 Susan Ruby.January 1 12007.doc
Susan P.uby, Esquire
January 11, 2067
Pager 4 of 4
standard is met.
As to the rezoning, our burden is to show that the proposal is consistent with the
comprehensive plan and that it complies with all of the procedural requirements of the zoning
ordinance. See Snyder, 627.So.2d at 476. The requested change is both consistent with the City's
comprehensive plan and compliant with the procedural requirements of the zoning ordinance. By
virtue of the staff report and documents made part of the record, including fhis letter, the burden has
shifted. The City thus now has the burden of showing through substantial competent evidence that
the existing zoning classification was enacted for a legitimate public purpose and that the public
interest is legitimately served by continuing that classification in order to deny the request for
rezoning. See Sunbelt Equities, 6-19 So.2d at 1007.
Very u~y! you~~, ~ ,,!
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Mi el .Weiner, Esq. '~~"'~
MSWamr
Cc: Shayna M. Reitman, Esq.
Mr. Angelo Ray Guidice
Mr. Jess Sowards
O:\CIUA00?\Leller In Susan Ruby.Januar)~ 11 20Q7.doc
EXHIBIT u8"
9fl/~li\I~~ ~ AI~f~A1CPlAB ® ii
era nee. ~ r`ee•veeasvev, a .a--e..
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
t-mail: mweiner@zonelaw.com
MICHP.EL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
SHAYNA M. REITMAN
February 20, 2007
Mr. Paul Dorling
Director of Planning and Zoning
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Christ the King Monasfiery of"St. Clare
Our File No.: GIUA002
Dear Paul:
OF COUNSEL:
ROBERT MARC SCHWARTZ, P.A.
Florida Bar Board Certified
Real Estate Lawyer
Via Hand Delivery
This letter is a justification regarding Section 4.3.1(D) of the City of Delray Beach
Land Development. Regulations ("LDRs"). Section 4.3.1(D) of the LDRs states #hat "No
yard or lot existing at the time of passage of this chapter shall be reduced in area or
dimensions below the minimum requirements set forth herein. Lots or yards crested after
October 1, 1990 shall meet the minimum requirements established by this chapter unless
the City Commission declares at the time of approval of an associated development
application that it is necessary and appropriate to create such ~ nonconformity."
In conjunction with proposed Ordinance 59-06, our client is requesting a reduction
for the lot frontage and lot width requirements for Lots 17 and 22 on the property
("Property") as shown on the attached plan ("Plan"). We are requesting a reduction in the
required interior corner lots in R-1-AA from 95 feet to 89 feet, equalling a reduction of 6 feet
per lot. The proposed lot square footage, which is approximately 11,036 square feet, is
larger than the minimum required 9,500 square foot lot size within the R-1-AA zoning
district. Additionally, the proposed lot depth of 124 feet is 24 feet greater than the
minimum 100 foot depth required in this zoning district.
The City Commission should be compelled at the time of the future land use map
change and rezoning to declare that. it is necessary and appropriate to create such
nonconformity. The future land use change and rezoning is an approval of a development
so this is the appropriate time for a determination on this issue.
The reasons for the proposed reduction in the lot frontage and width requirements
relate to the restrictions being placed on other lots within the Property contained in the
O:~GIUA0021Lelter to Paul Dorling re justificalion.February 20. 2007.doc
Mr, Pa!!I Dorlinn
February 20, 20U7
Page 2 of 2
Plan. The reason that the other lots were restricted was to establish identical lot sizes to
the lots immediately joining them. This is a higher standard than is required for a future
land use change or a rezoning. The Plan has been revised so as to place a condition upon
5 lots in the northern quadrant of the Property that they be not less than 12,500 square
feel. increasing these lot sizes resulted in reducing the lot frontage and widths for Lots 17
and 22. Even with this reduction, Lots 17 and 22 could allow for a home to be constructed
with a width of 64 feet within the required setbacks, which is generally speaking, as large
as or larger than other homes in the area. Furthermore, even with the reduction, Lots 17
and 22 will be 1,536 square feet larger than the lot size required for the R-1-AA zoning
district. Additionally, since corner lots require a width 20 feet larger than interior lots, these
lots are still 14 feet longer than interior lots would be.
Accordingly, the homes to be constructed on these lots will still. meet the minimum
lot size requirement, allow for full size homes, and be in conformity with. the surrounding
neighborhood. Given the desire to create lots of an identical size to the lot sizes that border
the northern quadrant of the Property, decreasing these lots in the southern quadrant of
the Property by a mere 6 feet is necessary and appropriate.
Plea contact me should you need any additional information.
Very ly urs,
Mic e'S. einer
MSW: m '
Enclosure
Cc: Mr. Angelo Ray Giudice (w/o enclosures)
Mr. Jess Sowards (w/o enclosures)
Jason S. Mankoff, Esquire (w/o enclosures).
Shayna M. Reitman, Esquire (w/o enclosures)
Ms. Ashlee L. Vargo (w/o enclosures)
0:1GIUA0021Letler to Paul Dorling re juslification.February 20, 2007.doc
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CITY OF DELRAY BEACH
REZGNING AND LAND USE
CHANGE
The City Commission will conduct two (2) Public Hearings for the purpose of accepting
public testimony regarding the proposed ordinance. The First ReadinglFirst Public Hearing
will be held on MONDAY MARCH 5. 2007 at 7:00 P.M. in the Commission Chambers at
City Hall, 100 N.W. 1st Avenue. Delray Beach, Florida. If the proposed ordinance is
passed on First Reading, a Second Reading/Second Public Hearing will lie held on
Tt tFSDAY MARCH 20 2007 AT 7:00 P.M. (or at any continuation of such meeting which
is set by the City Commission) in the Commission Chambers al City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida. At the meeting the City Commission will consider a small
scale Future Land Use Map (PLUM) amendment FROM CF (Community Facilities) TO LD
(Low Density Residential 0-5 du/ac) and Rezoning FROM CF (Community Facilities) TO
R-1-AA (Single Family Residential) fora 8.274 acre portion of the Christ the King
Monastery of St. Clare.
ORDINANCE NO 59-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED
IN THE COMPREHENSIVE PLAN FROM CF (COMMUNITY FACILITIES); TO LD (LOW
DENSITY RESIDENTIAL 0-5 DUlAC); ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE tAND USE PLAN AMEND-
MENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED CF
(COMMUNITY FACILITIES) TO R-1-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT:
PROVIDING FOR A MODIFICATION OF MINIMUM LOT REQUIREMENTS AND
SETBACKS FOR CERTAIN LOTS; SAID LAND BEING A PARCEL OF LANG LOCATED
125 FEET SOUTH OF SHERWOOD BOULEVARD, APPROXIMATELY 650 FEET EAST
OF MILITARY TRAIL, 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.
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All interested citizens are invited to attend the public hearings and comment upon the
Future Land Use Map amendment and rezoning or submit their comments in writing on or
before the date of the hearings to the Planning and Zoning Department. For further
information or to obtain copies of the proposed amendment, please contact Jasmin Allen
of the Planning and Zoning Department, 100 N.W. 1st Avenue. Delray Beach, Florida
33444 (email at pzmail@mydelraybeach.com), phone (561)243-7040, between the hours
of 8:00 a.m. and 5:00 p.m. on weekdays (excluding holidays).
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered ai these hearings. such person will
need a verbatim record of the proceedings, and for this purpose such person may need to
ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is based. The City does not provide or
prepare such record pursuant to F.S. 266.0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin, CMC
City Clerk
PUBLISH: Friday, February 23, 2007
Tuesday, March 13. 2007
Boca RatonJDelray Beach News ADi1NS0207303
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: October 16, 2006
AGENDA ITEM: Iv.A
ITEM: Future Land Use Map amendment from CF (Community Facilities) to LD (Low
Density Residential 0-5 du/ac) fora 9.00 acre portion of the Christ the King
Monastery of St Clare and rezoning from CF (Community Facilities) to R-1-AA
(Single Family Residential) (Quasi-Judicial Hearing).
GENERAL DATA:
Owner/Applicant .........................
Applicant ....................................
Agent ..........................................
Location ......................................
Property Size ..............................
Future- Land Use Map ................
Current Zoning ............................
Proposed Future Land Use Map
Proposed Zoning
Adjacent Zoning, ...............North:
East:
South:
West:
Existing Land Use ......................
Proposed Land Use ....................
Water Service .............................
Sewer Service .............................
Christ the King Monastery of
St Clare
Sister M. Veronica Butler
Jess Sowards
Located-125 feet south of
Sherwood Boulevard and
approximately 650 feet east
of Military Trail
9.00 Acres
CF (Community Facilities)
CF .(community Facilities)
LD (Low Density Residential
0-5du/ac)
R-1-AA (Single Family
Residential)
R-1-AAA-B (Single Family
Residential)
R-1-AAA-B (Single Family
Residential) in part and OSR
(Open Space and Recreation)
in part
OSR (Open Space and
Recreation) in part and CF
(Community Facilities) in part
CF (Community Facilities)
Church Monastery
Construction of 29 single
family residences
Extension of water mains
from Sherwood Boulevard or
the Emmanuel Catholic
Church.
Extension of sewer mains
from Sherwood Boulevard or
Sutton Place.
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The action before the Board is making a recommendation to the City Commission on a privately
initiated Small-scale Future Land Use Map (PLUM) amendment from CF (Community Facilities) to LD
(Low Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-AA fora 9.00
acre portion of Christ the King Monastery of St Clare. The subject property is located 125 feet south of
Sherwood Boulevard, approximately 650 feet east of Military Trail, and to the rear (east) of the
Emmanuel Catholic Church.
Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall
review and make a recommendation to the City Commission with respect to all amendments to the
City's Future Land Use Map and rezoning of land.
Christ the King Monastery of St. Clare is located on a 10.98 acre parcel at the southwest corner of
Sherwood Boulevard and Sutton Place. The facility was originally constructed in the late 1960s. With
adoption of the Comprehensive Plan in 1989, the subject property was designated CF (Community
Facilities). With respect to the zoning history of the property, prior to October 1990, the zoning was R-
1-AAA-B. With the Citywide rezoning in October 1990, the property was rezoned to CF Community
Facilities.
With respect to development activity, at its meeting of January 11, 2006, the Site Plan Review and
Appearance Board approved a Class V site plan to allow the construction of a new Monastery for the
Poor Clare -Nuns, which included a sanctuary, living quarters, and administration offices. Subsequent
to the site plan approval, it was determined that the cost to build and maintain the proposed facility
was prohibitive and the development proposal was abandoned.
On August 21, 2006, the Planning and Zoning Board considered a request for a Future Land Use- Map
(PLUM) amendment from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) and a
.rezoning from CF (Community Facilities) and R-1-AAA-B (Single Family Residential) to PRD-5
(Planned Residential Development - 5 units per acre). At that meeting, there was significant public
comment opposing the proposed PRD (Planned Residential Development) zoning category. Following
public testimony, the Board continued the petition at the request of the applicant in order for the
applicant to work with the neighborhood groups.
On September 22, 2006, revised petitions were submitted. The new petitions. involve amending the
Future Land Use Map designation from CF (Community Facilities) to LD (Low Density Residential 0-5
du/ac) and rezoning from CF (Community Facilities) to R-1-AA fora 9.0 acre portion of the overall site.
With the revised petition, the -single family zoned parcels located along Sherwood Boulevard. would
retain their current R-1-AAA-B zoning classification and a portion of the site (the northwest comer)
would retain its CF (Community Facilities} zoning classification.
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Florida Statutes 163.31873 -Small Scale Land Use Map Amendments•
This Future Land Use Map Amendment is being- processed as a Small-Scale Development pursuant
to Florida Statutes 163.3187. This statute states that local government Comprehensive Plan Future
Land Use Map amendments directly related to proposed small scale development activities may be
approved without regard tv statutory limits on the frequency of consideration of amendments (twice a
year), subject to the following conditions:
P & Z Board Staff Report October . o, 2006
Christ the King Monastery of St Clare -FLUM Amendment and Rezoning
Page 2
^ The amendment does. not exceed 10 acres of land;
^ The cumulative effect of the amendments processed under this section shall not exceed 120
acres within designated redevelopment and traffic concurrency exception areas, or 60 acres
annually in areas lying outside the designated areas;
^ The proposed amendment does not involve the same property, or the same owner's property
within 200 feet of property, granted a change within a period of 12 months;
^ That if the proposed amendment involves a residential land use, the residential land use has a
density of 10 units or less per acre;
^ The proposed amendment does not involve a text change to the goals, policies, and objectives
of the local government's comprehensive plan, but only proposes a land use change to the
future land use map for asite-specific small scale development activity; and,
^ The property that is the subject of a proposed amendment is not located within an area of
critical state concern.
The Future Land Use Map amendment involves a 9.00 acre portion of the overall 10.98 acre parcel.
Thus, the total area is less than the 10 acre maximum. The proposed amendment to LD (Low Density
Residential 0-5 du/ac) is less than the maximum 10 dwelling unit per acre limit set for residential land
uses. The property is not located within a designated redevelopment, urban infill, downtown
revitalization, or traffic concurrency exception area. This amendment along with other small-scale
amendments processed this year, outside the designated areas, will total 11.55 acres which will not
exceed 60 acres. The property has not previously been considered for a land use map amendment
nor has the same property owner's properties, within 200 feet, been granted a land use change, within
the last year. The amendment does not involve a text change to the Comprehensive Plan and it is not
located within an area of critical state concern.
Pursuant to Land Development Regulation Section 3.1.1 (A) (Future Land Use Map), all land
uses and resulting struc#ures must be allowed in the zoning district within which the land is
situated and, said zoning must be consistent with the land use designation as shown on the
future Land Use Map.
The current CF zoning designation and CF (Community Facilities) Future Land Use Map designation
does not allow residential use. The Future Land Use Map amendment and rezoning is being sought to
accommodate a future single family development on the site. The proposed R-1-AA (Single Family
Residential) allows single family residences as principal use per LDR Section 4.4.3(6). Table L-7
"Land Use Designation/Zoning Matrix,„ of the Future Land Use Element, shows that the R-1-AA
zoning district is consistent with the LD Future Land Use Map designation. Thus, positive findings can
be made regarding consistency of the FLUM.
REQUIRED FINDINGS:
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be
based upon the following findings:
^ Demonstrated Need -That 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, or similar
circumstances. The need must be supported by data and analysis. This policy shall not
apply to requests for the FLUM designations of Conservation or Recreation and Open
Space.
The applicant has provided the following justification statement:
y P & Z Board Staff Report October , o, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 3
"The need for this application to request a land use amendment from CF to LD is due to changes in
availability of land. When the original comprehensive plan for fhe City of Delray Beach was
adopted, this property was owned and used by Christ the King Monastery of St Clare, lnc. and
received fhe classification of the designation of Community Facilities- Conference Center/Other.
The original 34, 060 sq. ft. building, built in 1967 on an 11.63 acre fract is in deplorable condition
including water damage. Based upon the required repairs and complying with current building
codes, it was determined fhaf the existing facility should be demolished.
In 2003, a new 7, 750 sq. ft. residence for refired priests was built on a . 65 acre piece parceled out
of the original 11.63 acres. However, due fo changing frends and conditions in their circumstances,
the Poor Clare Nuns are now proposing to abandon the existing facility which they can no longer
maintain. !n addifion to the retired priest residence an additional residence of approximately 8,500
sq. ft. is being proposed for the nuns. To accommodate this addition and provide open space for
the new facility, the property size will be increased from .65:.acres to 0.99 acres, leaving a large
undeveloped parcel of approximately 9.00 acres available once the original facility is demolished.
Proposed for fhe 9.00 acres balance are 25 to 29 single family lots. This would be a density
substantially less than 5 unifs per acre.
The requested designation of LD is consistent with fhe predominately residential community goal of
the adopted Comprehensive Plan, consistent with the objective. to compliment adjacent land uses
and fulfill policies by providing a variety of housing types to accommodate the diverse makeup of
fhe City's,demographk profrle fo meet housing need.
A traffic statement has defermined fhaf the parcel, completely built out, will sfill meet concurrency
standards.
According to the FLUM map, fhe subject property is can-ently surrounded on the north and a
portion of the east by CD (Low Density 0-5 unifs per acre), on the east and south by OS (Open
Space -Lake View Golf Course). and on fhe west by CF (Community Facilities)- church property.
Therefore the land use designation of LD would. be appropriate and compafible with existing and
fufure land uses of the surrounding properties. Development under the- requested designation will
comply with the provisions and requiremenfs of the Land Development Regulafions."
The requested. FLUM amendment is based on the changes in the availability of land. The current
CF Future Land Use Map designation was tied to a specific existing use on the subject property.
Since this existing use is being relocated and constructed as a smaller facility on a 0.99 acre
portion of the subject property, the remaining 9 acres will. be available for new development. Since
the current zoning- and Future Land Use Map designation will not allow single family residential
development, which is the prevailing land use in the area, the changes are being sought. Given
the specific nature of the CF (Community Facilities) category and the fact that the specific use will
no longer be on the majority of the site, the change is warranted. Therefore, positive findings can
be made with respect to fulfilling a demonstrated need.
^ Consistency -- The requested designation is consistent with the goals, objectives, and
policies of the most recently adopted Comprehensive Plan.
Future Land Use Element Policy A-2.3: Development of remaining vacant properties shall occur in
a manner which is consistent with and complimentary to adjacent development regardless of
zoning designations. This policy shall be implemented through the review process associated with
platting and site plans.
P & Z Board Staff Report October ~ 6, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 4
The subject site is partially vacant. With the proposed demolition and reconstruction of the
monastery, 9.00 acres of the site will be available for development. The proposed LD (Low
Density Residential 0-5 du/ac) is consistent with the surrounding Future Land Use designations.
The property is surrounded on the north and east by single family residences, on the west by the
Emmanuel Catholic Church and on the south and a portion of the east property line by the
Lakeview Golf Course. The FLUM designation of the surrounding properties is LD (Low Density
Residential 0-5 du/ac) for the residential uses, CF (Community Facilities) for Emmanuel Catholic
Church, and OS (Open Space) for the Lakeview Golf Course. As stated in the above policy,
development shall occur in a manner which is consistent with and complimentary to adjacent
development regardless of zoning designations. This policy shall be implemented through the
review process of platting for single family developments.
Housing Element Objective A-3: For those areas identified as "stable residential" on the
Residential Neighborhood Categorization Map, the City shall implement the following policies to
ensure that they remain stable and do not decline:
Housing Element Policv A-3.2: The most resfrictive residential zoning district that is applicable
given existing development patterns and typical lot sizes shall be applied to these neighborhoods
and axed to the zoning map. Requests for rezonings fo a different zoning designation, other than
Community Facilities, Open Space, Open Space and Recreation .and Conservation shall be
denied.
The subject property is not identified as "stable" on the Residential Neighborhood Categorization
Map. The "stable" designation covers a broad area to the north and east of the site and at the
time, the designation was applied, the subject parcel was zoned CF and the monastery was not
considered .residential. Therefore, the subject property is not subject to this provision..However,
consideration should be given to the compatibility of the proposal .with respect to the prevailing
land uses. The following table details the lot size and dimensions of the surrounding residential
properties:
Location -Land Use Zoning Existing Lot Existing Lot Existing Lot
Classification Area Fronta a De th
North side of subject Undeveloped R-1-AAA-B 12,500 sq. ft: 100' 125'
property (south side
of Sherwood Blvd)
North side of Single Family R-1-AAA-B 18, 500 sq. ft. - 100' - 190' 185'
Sherwood Blvd. West Residential 35,150 sq. ft.
of Sutton Place
East side of property Single Family R-1-AAA-B 12,500 sq. ft. 100' 125'
North hal Residential
To the immediate north of the subject property, the lots fronting on the south side of Sherwood
Boulevard are owned by Christ the King of St Clare, Inc. and are proposed to retain the R-1-AAA-
B~zoning classification. The proposed lots in the R-1-AA zoning, requested for the remaining 9.00
acres, will have a minimum lot area of 9,500 sq. ft. and minimum lot dimensions of 75'x100'
(interior lots) and 95'x100' (corner lots). The applicant is proposing lot sizes ranging from 9,545 sq.
ft. to 11,875 sq. ft. These lot sizes are slightly smaller than the surrounding lots which have a
minimum required dimension of 100' x 110'. It is recommended that the exterior lots immediately
adjacent to the abutting residential properties be increased in size to meet the minimum required
dimensions of 100' x 110' and a required minimum. area of 12,500 sq. ft. This would require
reconfiguration of proposed Lots 4, 9, and 10 and/or modification to a zoning classification of R-1-
AAA-B for those lots. It is noted that the proposed Future Land Use Map change is from a non-
' P 8 Z Board Staff Report October ~ 6, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 5
residential land use designation (CF) to a residential designation (LD) which is the same as the
adjacent "stable" residential neighborhood.
Housing Element Policy A-12.3: In evaluating proposals for new development or redevelopment,
the City shall consider the effect that the proposal will have on the sfability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation paftems shall
be reviewed in temps of their potential to negatively impact the safety, habitability and stability of
residenfial areas. If it is determined that a proposed development will result in a degradation of
any neighborhood, the project shall be modifred accordingly or denied.
Compared to the potential for the existing monastery, the proposed new development will
decrease the traffic in the surrounding area by 8 ADT (Average Daily .Trips), but will increase the
PM peak hour trips by 14. This increase is not substantial and should not negatively impact the
traffic patterns in the area. The proposed single family will have little impact on the surrounding
area with regard to noise, odors, dust, and/or circulation patterns. The applicant has -two access
points to the development, one at the western end of Lakeview Boulevard and the other on
Sherwood Boulevard. To minimize the impact on Sherwood Boulevard, it is important to note that
the access will provide two-way access to the proposed monastery and then narrow to provide an
inbound, one-way access only to the proposed residential development. This traffic circulation
pattern has been proposed to address neighborhood concerns over the project's traffic impacts.
Providing an entrance only would reduce the number of trips coming from Military Trail that would
be required to access the subdivision via Sutton Place.
^ Concurrency -- Development at the highest intensity possible under the requested
designation can meet the adopted Concurrency standards..
The proposal involves the FLUM amendment of 9.00 acres from CF to LD. At the maximum
density allowed under the LD FLUM designation (5 units per acre), it would be possible to
construct 45 units. While the proposed development scenario will only contain a total of 29 single
family homes, the maximum number of units (9.00 acres x 5 duiac = 45 units) which may be
accommodated under the LD FLUM designation has been analyzed for Concurrency purposes.
Traffic: The trip generation according to Table 10-8-3 "Fair Share Road Impact Fee Schedule"
Palm Beach County Traffic Performance Standards Ordinance for single family units is 10 ADT
(Average Daily Trips). Therefore, the redevelopment could generate a total of 450 ADT (Average
Daily Trips). It is noted that the existing use generates 328 trips (potential), resulting in a -net
increase of 122 ADT. Since the most intensive use of the property under the proposed future land
use designation would generate less than 200 new ADT, a traffic study is not required. A copy of
the submitted traffic statement has been transmitted to the Palm Beach County Traffic Division for
review. A letter from the Palm Beach County Traffic Division stating that the proposal complies
with the Palm Beach County Traffic Performance Standards Ordinance must be received prior to
subdivision plat approval. Given the level of service of the adjacent roadways, no issues with
respect to the ability of the project to meet traffic Concurrency are anticipated. Based upon the
above condition of approval being addressed, a positive finding with respect to traffic Concurrency
can be made.
Solid Waste: The Solid Waste Authority indicates that it has capacity to serve development in the
County at its current LOS of 1.99 tons per year for single family units for the life of the existing
landfill, which is anticipated for the year 2021. Under the maximum units which can be developed,
(45 single family units), the project would generate 89.55 tons per year. The potential annual solid
generation of the existing use is 102.7 tons.' Consequently, the proposed FLUM amendment will
reduce the solid waste generation by 13.15 tons.
P & Z Board Staff Report October ~ 6, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 6
Water & Sewer: Water service is currently provided via a 4° main from the Emmanuel Catholic
Church located to the west. This main will not be adequate to serve the proposed development
and thus the extension of either the 8" water main located along the north side of Emmanuel
Catholic Church or the 6" mains along Sherwood Boulevard and Sutton Place will be required.
Sewer services can be provided via the extension of the existing 8" sewer mains located within
Sherwood Boulevard and Sutton Place rights-of-way. Pursuant to the Comprehensive Plari,
treatment capacity is available at the City's Water Treatment Plant and the South Central County
Waste Water Treatment Planf for the City at build-out. Based upon the above, positive findings
can be made with respect to this level of service standard.
Parks and Recreation: Pursuant to Land Development.Regulations (LDR) Section 5.3.2, a park
impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for
each unit. Based upon the maximum development potential under the LD FLUM designation of 45
dwelling units, a park impact fee of $22,500 will be required.
Schools: The Palm Beach County School District must approve the development proposal for
compliance with the adopted .Level of Service for School Concurrency. A School, Concurrency
approval has beers received for up to 48 single family homes.
^ Compatibility -- The .requested designation will be compatible with the existing and future
land uses of the surrounding area.
As stated above the property is surrounded on the north and east by single family residences, on
the west by the Emmanuel Catholic Church and on the south and a portion of the east property
line by the Lakeview Golf Course. The FLUM designation of the sun'ounding properties is LD (Low
Density Residential 0-5 du/ac) for the residential uses, CF (Community Facilities) for Emmanuel
Catholic Church, and OS (Open Space) for the Lakeview Golf Course.
The requested designation of LD is compatible with the adjacent residential Future Land Use Map
designation. Therefore, positive findings with respect to compatibility can be made. The
conceptual plan indicates the development of 29 single family lots for the subject property. It is
recommended that the single family lot sizes lying adjacent to the existing single family residences
:(Lots 4, 9, and 10) be increased to the minimum required in the R-1-AAA-B (100' x 110' with a
required minimum area of 12,500 sq. ft.) to enhance compatibility.
^ Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Development of the property will occur in accordance with the City's Land Development
Regulations during the platting review process.
Within the R-1-AA zoning district, single family detached dwellings are permitted as a prinapal use.
The applicant has submitted a conceptual plan that complies with the minimum lot dimensions
required in the R-1-AA zoning category. However, as stated above additional consideration must
be given to providing larger sized lots along the eastern perimeter, where adjacent to existing
single family dwellings on larger lots. With the above modification, a positive finding with respect to
compliance with the Land Development Regulations can be made.
P & Z Board Staff Report October . o, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 7
q. ,; .
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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 Future Land Use Map, Concurrency, Comprehensive
Plan Consistency, and Compliance with the Land Development Regulations.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously
discussed under the "Future Land Use Map 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.
Consistency: Compliance with the performance standards set forth in Section 3.2.2
(Standards for Rezoning Actions), along with the 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 making a finding of overall consistency.
Section 3.2.2 (Standards for Rezoning Actions): Standards B, C and E are not applicable with
respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as
follows:
(A) The most .restrictive residential zoning district that is applicable given existing
development patterns and typical lot- sizes shall be applied to those areas identified as
"stable" and "stabilization" on the Residential Neighborhood Categorization Map.
Requests for rezonings to a different zoning designation, other than Community
Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied.
The surrounding residential area has been identified as stable on the Residential Neighborhood
Categorization Map. The adjacent residential properties are zoned R-1-AAA-B (Single Family
Residential) and lie along the north and a portion of the east perimeter. The other adjacent
zonings include OSR (Open Space and Recreation to the east and south and CF (Community
Facilities) to the west and south. The "stable° designation is not applied to this property, as the
subject parcel .was zoned CF, therefore this standard does not apply. Further, the proposed
change for 9 acres of the property is from- anon-residential zoning district to a residential district
which is more in keeping with the adjacent "stable° residential designation. However, as noted in
the balance of this report, tot sizes around the perimeter of the site should be increased to be
consistent with adjacent lot sizes. It is recommended that these changes be incorporated in a
subdivision plat and that the plat be approved concurrently with the concurrently with the effective
date of the rezoning ordinance.
(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.
~P 8 Z Board Staff Report October .6, 2006
Christ~the King Monastery of St Clare -FLUM Amendment and Rezoning
Pape 8
The following zoning designations and uses border the property:
Direction Zoning Uses
North R-1-AAA-B Single Family Residential
West CF Emmanuel Catholic Church
South OSR & CF Lakeview Golf Course and Duncan Center
East OSR & R-1-AAA-B Lakeview Golf Course and Single Family
The "Purpose and Intent" of all Single Family zoning districts under Section 4.4.3(A) states:
"The Single Family Residential Districts have been created in order to provide areas where the
traditional single family detached residences can be established and maintained and be
protected from the unwan'anted intrusion of other inappropriate uses. Further, .the Single
Family Residential Districts are established in compliance with provisions of Goal Area "A" of
the Comprehensive Plan which calls for the preservation and maintenance of stable
neighborhoods."
As stated above, the .proposed R-1-AA Single Family Residential zoning district is consistent
with the proposed LD (Low Density Residential 0-5) FLUM designation. Based on a minimum
lot size of 9,500 square feet, the maximum density allowed under the R-1-AA is 4.5 units per
acre (however, actual densities are reduced to accommodate roadways). Conversely, the
maximum density within the R-1-AAA-B is 3.48 units per acre, based on a minimum lot size of
12,500 square feet. Based solely on average lot sizes (again absence of adjustment for
roadways)- the densities within the surrounding neighborhood are 4.5 units in the R-1-AA
section of the Lakeview neighborhood and vary between 2 units per acre to 3.48 units per acre
in the R-1-AAA-B sections.
A comparison of the lot development standards pursuant to LDR Section 4.3.4(K) is provided
below:
R-1-AAAB
R-1-AA
• SETBACKS
MINIMUM LOT LOT MINIMUM MINIMUM SIDE SIDE
LOT 1MDTH LOT FRONTAGE FLOOR -OPEN FRONT STREET INTERIOR
SIZE YC - DEPTH UC AREA SPACE 18213 (7) 1&213 (7) 18213 (7) REAR HEIGHT(4)
12,500 100 110 100 1,500 25% 35 17 12 12 35
9,500 75195 100 75!95 1,500 25% 30 15 10 10 35
While the development standards differ with respect lots sizes and setback requirements,
elements such as the minimum floor area, -open space and height requirements are the same
for both zoning districts. As noted previously, the existing lots fronting on the south side of
Sherwood Boulevard which are. owned by Christ The King Monastery of St Clare, Inc. will
remain R-1-AAA-B. Additionally, it is recommended that the lot sizes adjacent to the existing
single family residences on the east side of the property be increased to a minimum of 12,500
square feet in order to enhance compatibility with the existing single family neighborhood to
east.
The adjacent neighbofioods which will be most impacted by this zoning change are the
Sherwood Park and Lakeview Subdivisions. While the Sherwood Park Subdivision is zoned R-
1-AAA-B, the Lakeview Subdivision is comprised of both the R-1-AAA-B and R-1-AA zoning
classifications.
P & Z Board Staff Report October , o, 2006
_ Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 9
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R 1-AA
OSR
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.Zoning Mag of Surrounding Subdivisions
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The difference in these zoning classification have existed in the neighborhood since the 1960's
and have not created any negative impact with respect to property values or traffic impacts.
Attached is a comparison of the appraised property values between the R-1-AAA-B and R-1-
AA zoning district sections of the surrounding neighborhood. No apprecia#ive difference is
shown between the two zoning districts.
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 andlor neighborhood.
In the rezoning application, the applicant has indicated that there has been a change in circumstances
which makes the current zoning inappropriate. The applicant states:
`There has been a change in zoning which makes the current zoning inappropriate. -The 40
year old monastery is in deplorable condition including water damage. Since it is too costly to
make repairs and maintain, the nuns in residence are proposing to demolish the facility and
move to a smaller site thus making 9.00 acres of vacanf land available for development. Single
family residential (R-7 AA) is similar to'fhe existing CF zoning in intensity but more appropriate
to the adjacent areas. Examples of allowable uses in CF are clubs and lodges, abused
spouse residences; child day care centers, communify centers and swim and fermis centers.
The proposed zoning change is contiguous to a City owned golf course, the new locafion for
the nuns, Emmanuel Catholic Church's retention pond and the single family residential uses." ,
P 8 Z Board Staff Report Octobe- , o, 2006
Christ the King Monastery of St Clare -FLUM Amendment and Rezoning
Page 10
Comment: The basis for which the rezoning is being sought most closely relates to Items °b" and "c".
The change in circumstances has been brought about with the availability of the site for development.
As stated previously, the existing monastery use is being demolished and constructed as a smaller
facility on a 0.99 acre portion of the subject site, thus allowing 9 acres to be available for new
development. The proposed R-1-AA zoning designation will allow the development of a single family
residential project which maintains the prevailing Low Density FLUM designation which exists on the
adjacent residential neighborhood, north and east of the site.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be addressed by the
body taking final action on the development proposal.
As noted previously, compliance with the Land Development Regulations will occur .during the
subdivision plat process, at which time, the layout of the site. including the street system and lot
configuration will be approved.
The development proposal is not located within the geographical area requiring review by the CRA
(Community Redevelopment Agency) of the DDA (Downtown Development Authority).
IPARC Notice:
On October 5, 2006, a revised notice of the Future Land Use Amendment was provided. to the
Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent
municipalities. No objections. have. been received.
Courtesy Notices:
A special courtesy notice was .provided to the following Homeowners and Civic Associations:
^ Neighbofiood Advisory Council
^ Presidents Council
^ Shadywoods Homeowners Association
^ Lakeview Civic Association
PROD
Sherwood Park Civic Association
Hamlet
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Three letters of petition have been received and are attached. A request has been made by
the neighborhood association that the original petitions signed by the-340 residents be made a part of
the record. Additional letters of objections or support, will be presented at the Planning and Zoning
Board meeting.
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The proposed FLUM designation of LD (Low Density Residential) and zoning of R-1-AA is consistent
with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations.
The existing CF Future Land Use Map designation and zoning does not allow the redevelopment of
the site for residential uses. Given the proposed demolition of the existing monastery, the requested
LD (Low Density Residential 0-5 du/ac) is appropriate and is compatible with the surrounding Low
Density Future Land Use Map designation. The proposed R-1-AA zoning is compatible with the
" ; P 8 Z Board Staff Report October ~ o, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 11
surrounding zoning designations, and is in keeping with the zoning pattern that exists in the adjacent
neighborhoods which includes a mix of R-1-AAA-B and R-1-AA zoning designations. To increase
compatibility it is recommended that the perimeter lots (Lots 4, 9 and 10) are increased in size to the
minimum required by the R-1-AAA-B district. While this could be accommodated without modifying the
current zoning request, the only concrete way of assuring this would be to expand the area of R-1-
AAA-B zoning. Further, with an increase in size of the perimeter lots, compatibility with adjacent single
family homes can be enhanced. Positive findings can be made with respect to LDR Section
2.4.5(D)(5) (Rezoning Findings).
.~
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..'T.
A. Continue with direction.
B. Move to table the Future Land Use Map amendment from CF (Community Facilities) to LD
(Low Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-AA
(Single Family Residential) for 9.00 acres of land lying within Christ the King Monastery of St
Clare with direction that R-1-AAA-B zoning be requested for proposed Lots 4, 9 and 10 of the
site.
C. Move a recommendation of denial to the City Commission for the Future Land Use Map
amendment from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) and
rezoning from CF (Community Facilities) to R-1-AA (Single Family Residential) for 9.00 acres
of land lying within Christ the King Monastery of St Clare 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 does not meet-the criteria- set forth in Sections 3.1.1, 3.2.2, and
2.4.5(D)(5) of the Land Development Regulations.
D. Move a recommendation of approval to the City Commission for the .Future Land-Use Map
amendment from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) and
.rezoning from CF (Community Facilities) to R-1-AA (Single Family Residential) for 9.00 acres
of land lying within the Christ the King Monastery of St Clare site 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 meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5)
of the Land Development Regulations subject to a simultaneous approval of a plat increasing
the perimeter lot sizes as identified in the report. ,
.
~NPY
Move a recommendation of approval to the City Commission for the Future Land Use Map
amendment from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) and rezoning
from CF {Community Facilities) to R-1-AA (Single Family Residential) for 9.00 acres of land lying
within Christ the King Monastery of St Clare 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 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
the effective date of the rezoning ordinance concurrent with approval of a subdivision plat with the
perimeter single family lots adjacent to the existing lots within Sherwood Park Subdivision and
Lakeview Subdivision, Lots 4, 9 and 10 having a minimum required area of 12,500 square feet with
minimum dimensions of 100' (lot frontage), 100' (lot width), and 110' (lot depth), similar to the
requirements of the R-1-AAA-B zoning district.
Attachments:
^ Survey Future Land Use Map
^ Concept Plan Letters of Petition
^ Zoning Map Appraised Value Comparison
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clTr of DELRAY eEACH, FL -EXISTING FUTURE LAND USE MAP DESIGNATIONS -
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CITY OF DELRAY BEACH
REZONING AND LAND USE
CHANGE
The City Commission will conduct two (2) Public Hearings for the purpose of accepting
public testimony raga ~dAVg ~•earN as 2007'at 7 00 P M Fn the Comml s'sion Cha beds at
will be held on h "'
City Hall, 100 N.W. 1st Avenue, Delray Beach, Florda. If the proposed ordinance is
passed on First Reading, a Second Reading/Second Public Hearing will be held on
TUESDAY h~eRGH 20 2007 AT 7:00 PM. (or at any continuation of such meeting which
is set by the City Commission) in the Commission Chambers at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida. At the meeting the City Commission will consider a small
scale Future Land Use Map (PLUM) amendment FROM CF (Community Facilities) TO LD
(Low Density Residential 0-5 dulac) and Rezoning FROM CF (Community Facilities) TO
R_1_AA (Single Family Residential) fora 8.274 acre portion of the Christ the King
Monastery of St. Clare.
ORDINANCE NO. 59-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED
IN THE COMPREHENSIVE PLAN FROM CF (COMMUNITY FACILITIES); TO LD (LOW
DENSITY RESIDENTIAL 0-5 DUTAC); ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMEND-
MENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED CF
PROVIADING FOR IATMODIFIOCATION OFI MINIMUM I LOTEREQU RIEMENTS AND
125 BEET SOUTH OF SAHERWOOD BIO EVARDI APPROXIMATELY 650D EET EAST
OF MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
GENERAL REPEALER CLAUSE, A SAVING C USE, AND AN EFFECTIVE DATE. G P
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All interested citizens are invited to attend the public hearings and comment upon the
Future Land Use Map amendment and rezoning or submit their comments in writing on or
before the date of the hearings to the Planning and Zoning Department. For further
information or to obtain copies of the proposed amendment, please contact Jasmin Allen
of the Planning and Zoning Department, 100 hone (561 243-704DOI between the hours
33444 (email at pzmail@mydelraybeach.com), p )
of 8:00 a.m. and 5:00 p.m. on weekdays (excluding holidays).
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at these hearings, such person will
need a verbatim record of the proceedings, and for this purpose such person may need to
ensure that a verbatim record of the proceeail ssbased aThe C ~ doesn of provide oe
testimony and evidence upon which the app
prepare such record pursuant to F.S. 286.0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin, CMC
City Clerk
PUBLISH: Friday, February 23, 2007
Tuesday, March 13, 2007
Baca RatoNDelray Beach News AD#NS0207303
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REZONING AND LAND USE
CHANGE
The City Commission will conduct two (2} Public Hearings for the purpose of accepting
public testimony regarding the proposed ordinance. The First ReadinglFirst Pubtic Hearing
will be held on MONDAY MARCH 5 2007 at 7:00 P.M. in the Commission Chambers at
City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the proposed ordinance is
passed on First Reading, a Second Reading/Second Public Hearing will be held on
TUESDAY MARCH 20 2007 AT 7.00 P.M. (or at any continuation of such meeting which
is set by the City Commission) in the Commission Chambers at City Hall: 100 N.W. 1st
Avenue, Delray Beach, Florida. At the meeting the City Commission will consider a small
scale Future Land Use Map (PLUM) amendment FROM CF (Community Facilities) TO LD
(Low Density Residential 0-5 du/ac) and Rezoning FROM CF (Community Facilities) TO
R-1-AA (Single Family Residential) fora 8.274 acre portion of the Christ the King
Monastery of St. Clare.
ORDENANCE NO. 59.06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED
IN THE COMPREHENSIVE PLAN FROM CF (COMMUNITY FACILITIES); TO LD (LOW
DENSITY RESIDENTIAL 0-5 DUJAC); ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMEND-
MENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED CF
(COMMUNITY FACILITIES) TO R-1-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT:
PROVIDING FOR A MODIFICATION OF MINIMUM LOT REQUIREMENTS AND
SETBACKS FOR CERTAIN LOTS; SAID LAND BEING A PARCEL OF LAND LOCATED
i25 FEET SOUTH OF SHERWOOD BOULEVARD, APPROXIMATELY 650 FEET EAST
OF MILITARY TRAIL, 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.
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All interested citizens are invited to attend the public hearings and comment upon the
Future Land Use Map amendment and rezoning or submit their comments in writing on or
before the date of the hearings to the Planning and Zoning Department. For further
information or to obtain copies of the proposed amendment, please contact Jasmin Allen
of the Planning and Zoning Department, 100 N.W. tsi Avenue. Delray Beach, Florida
33444 (email at pzmail@mydelraybeach.com}, phone (561)243-7040, between the hours
of 8:00 a.m. and 5:00 p.m. on weekdays (excluding holidays).
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at these hearings, such person will
need a verbatim record of the proceedings, and for this purpose such person may need to
ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is based. The City does not provide or
prepare such record pursuant to F.S. 286.0105.
CITY OF DELRAY BEACH
Chevelle 0. Nubin, CMC
City Clerk
PUBLISH: Friday, February 23, 2007
Tuesday, March 13, 2007
Boca RatonlDelray Beach News AD#NS0207303
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CITY QF DELRAY BEACH
REZONING AND LAND USE i
CHANGE
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fine City Cosnntission will conduct two (2) Public Hearings for tlta purpose of accepting
public testimony regeidng the proposed iirdnance. 'the First Reading/I'irst Public
Nearing will be heldnn T~t~co Y. dANLIA_RY i6.200T at9:00,P.AL in the C~tmis-
ston. Chambers at City Hail,. 104 N.1N. 1st Avenue, [)elray Beach;: Florida.. If the
proposed ordinance is passed on .First Reatling/Fir9t Pub}ic Hearing,. 8 Second
Reeding/Second Public Pleating will be held on 7'[tFCDAY, FEBRLIARS` 6.2007 AT
?:OU P,~. (a'at arty continuation of such meeting which is set Iry;hc City Commission).
is the Commission Chambers at City Hall, 100 N.W. }st Avenue:, Delray Beach, Florida.
At this meeting the City Commission will consider a swap scale Future Land-Else Map
(FLI1M) amendment FROM CF (Community:Far}lities)'('tI LD (Low Density'Residen-
tial 0.5 du/acj and. Rezoning FROM[ CF (Ciuumuntty Facilities) Tt] R-i-AA ISin~le
Family Rosidcmtisl) fa.a 9.00 ~re portion offhe Christ the Icing Monastery of fit. Clans..
AN ORDWANCE OF 771E G'I1Y COMMISSION OF THE C17'Y OF DIaLRAY
BEACH, FLORIDA, AMENDING'I"HE FUTURE LANll USE MAP I3ESlGNA'CifJN
AS CONI'AINF.D IN 'TNE COMPREHENSIVE PLAN .FROM CE (CQMM}1N}TY
FACII~ITIFS); TO LD p..OW DP,NSITY RESIDENTIAL 0-51WlAC}; fiLEC:TINCr TO
PRt)('EGD UNDER T17E SINCLF: LIFARING AAOPTION PROCESS FOR SMAI.I.
SGA[.E .LAND USE PLAN AMENDMENTS; AND REZONING AND :PLAC[NCi
LAND PRESENTLY 20NED CF (COMMUNITY FACILCTIES) TO R-1-AA
(BINDLE FAMILY RESIDEN7TALj DISTRICT; PROVIDING Ef3R A MG?D1F1CiS-
770N OF MINIMUM LO"1' REQUIREMENTS AND SI~773AClCS FOR CER'fA1N
LOTS: SAID LAND E}F.INCi A PARCEL OF LAND LOCATED 135'FEET SOUTH OF'
BHERWOOD 130CA,F,VARD, APPR~XTAtATLI_Y 650 FF.F:T FAST OR MILITARY
TRA(L,AS-iNORE PARTICULARLY DESCRIBED HEREIN; AM1?NDING "ZONING
IuCA)' OF DELRAY BEACH, FLORIDA, MARCH 2005"; PROYII?1NG A GENERAL'.
REPEALER CI-AUS E. A SAV [NG CLAUSE, AND AN EFFECTIVE DATE.
CLTY OF DP.LRAYBfiACH
Chevelle t). IJubin, C14tf
PUBLISH: Monday, Ianuery`& 3007 City Clair;
Tuasdey,,.7 3t1, 2007
BQCA RATON NE WS/DBI>RAY t3EACFt NEWS
AI~kN30}0777
Aft. interested citizens are invited us attend the public hearing and xommast upon the
Future Land Use Map amendment:artd rezoningorsubmtttheir comments in writing:on
tx before the date of this hearing• w the Planning and `Lnning Ik-pactment For further
mfacmation.ar to obtain copies ofthe proposed amrndment, please confect Jasmin Allen
of the-.Planning-and 2.aning Departmenk t04 N.W. lst Avenue; Delray Beach.:rlnrida
X3444 (email at pmtal~sydelraybeach.com),, phone (561)^43-7044, betwieen the
hours of 8;W a.rn. an6 3:Op part. on`weekdays{excl„ding holidays).
Please be advised that if a person decides to 9ppcal stay decis}oo.made by the City,
Cotnmissian-with respect to anymattor corisidcrcid~ ifi}s"heating; such person wt11 nedd" ' 'i
a-verbatim rYrerd of the proceeding's; and fist tTtis plhpose au+cb person ni8y iweil' fio s(
ensure that a verbatim rrcnrd of the procecding.9 is made, which nscexd includes the
testimony and evidence open which the appeal is based. '7he City dues nist provide ~
prepanesuchmxxd pursuant ta:F.S.,265.41D5.
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CITY OE :DELRAY BEACH FLORIDA
NOTICE OF PUBLIC HEARING
A /Ylpl.H.' IIEA1tING vNll kr. MN Ow the f.Nk>wiry{ Ifn)PIxfN «di,mxef a( 7:M as uw TL'T_SDAY.
DF<" _NP p~.R s r(R16 « m aay IXwwimuliun rd wkh 1inF xirkh a In M Me Canmiariunk in Rn Ciry
l;twmnwsnn [.'harwkNx. IIXl N. W'. If[ An . Oetry Lkwck. Fk>ri0w, Rr wfiit~ lime Ow Ciry Gomwf:saim will
IXwR:.Jtt(Irei.,ernplion.llxpw,lwea«ain,rr~fmwrhe:,.~r.~1,ww,uNDlr r.rthecitycl.~kw(eity7LRlLlou
N. W. 1 Y M+enwe. fblmr pewdL Fbrid, hdwaNn tke boon of R:UO wrw. and 3:f10 p.m.. M,wdry tlmwuk Fridwy.
ea'rp kr,IkLrys. All WNe~xN po0iav src mYNeJ Pr a1eM wrd Iw: IxaJ witlr rexpecl kf the IwtpteYd twrlioaflcex.
AN ONDINAFK'E (%' 177E CffV CCIMMISSK)N OF 711[ CITY (K DFA.RAV OFACH, PIA)RG)A,
AM7;NfNN(i'U7G CURMG LAND IISE MAP UESICiN'A'll(1N A5 C()N'fAIN[:U IN 117L' L'CNWRGIL'NST VC
PI ~N F'RCR(/ CF (COMAfI:MTY FACJLI7'IC>Sk 70 LD (COLA' I>ENSIl'1' RESIUF.NTIAL. 0.5 M!/AC;k
I:LFA'UN(i TU YRtI(7'JJ) UM)FR 7'11[: SINC.IE 1{PAR[f Yi AlX%'RON i'k(X7iSS FUR SMAIl. SCALG
LAND IISE Pl_AJ( AMI.NIM/FNiS: AND RF"lf,MfING AND MA(:IN(i LAND 1vt FSEN77Y DDNFJ) CF
(COM.M1)NI"IY FACYIJ"RGtik TO A~1•AA (SINCJ.7: 1>AMII.Y REti1OFNIlAL/ W57Rfl'7'; SAID LAND
DEIF%'i A PARCEL UP UND L(1C:IifL'U 1'_S fliEl' SCHJTH OP $HERW'(KID IfOULf-.VAAU, APPRO)R-
MAlli1.Y A)0 177'f F 1ST OF MgJ'GRY TRA14 AS MORC_ PAR'HIYRJ\RI.Y DESCRfHED HGRPJN;
AMkNDINCi 7AN(ING MAP (N' DEC.RAY DL1C11, Ft()ItICIA. MARCH )1%Ni^; PROVIUINU' A GtNFRAL
REPEALER CLADSIi, A RAV [N(i CIJLL;SE, ANO AN CPFFGTIVf; U.AIT.
.AN (NUNNAN(:F. OF 'RIL L'17Y CCLNMIS'SI(X( (.)f l7fE C'I1Y OF DELRAY DEAD:/'l. PLARIDA,
AAiFNI%N() (IRDINANCE 31-06 H\' AMFN`tNNU SEC'RON~37A3, `SUYPIJ:Mt^.'IAL CODY. FNYONCR-
MFNI' PRU(:F:IA+N F,S', SUNSEA`Il(11v (4k "L7 Vll. YENAURFS'. DY REM[)YIN(i 717E NEFENFVC'E TU
SP1:710N9R./IR, "I.ITR:R 1N PARKS^. AMf:NCNNC: Tf1E PfiN AI:(YAMOUNf PUR [%)(:S Qv THE DF/fC9/
ANU SKAfENUAR(If.YCi AND Al)1%hti A NEW VENAL'1'Y FY)N ^VFNIC'IJJ UN THE IIFACH' ANU
"(:ARRACE. SGW'AGE, AND OTIH:7( K;ttiTF MAT}ill.\LS': PRUVIUIhY) A C.}';FfER.11: REPI?ALF.R
C'I:AIISF,A SAVING CL.AVSE ANb AN EYFECHYI: UAIF
(>RHINAN[`F' f(IL 66L_:
AN OIUNNANCY. OF 7Hk Cf1Y W.MMISSION CIF 771E CfIY OF [HiIJ[AV DEACH, CL(NU[M,
kFJ'F'AlJNO SI:C TION Y><.1N, 9JTfEN 7N PARKS" ANU AMF.NlRNO CHAP'1"GR I01.'pAKKS. IJF.ACHES
ANU RGAJtBA'D[)N, OEN};NA7. PROV [S7(N(S". DY AMIN(%NG Sli('I7(>N IUI.17,'[:ARDA<iE, SF;VrA(iF',
ANI> (YCHER~ WA.4"f 1'. MAT'ERIAIJP,'10 REAU'Y3ARHACIIi, 'IRASN. lJ"fTE0. tit-WA(iF__ AND U7'HER
K'ASIL MATY]IIALS", DYAMPNDINCI KOSF%:77(IN IOI.I7(A), 71C> S77L}.Ti(illTlik]F PR(>I.fID[7'KhvS ON
IJl"l7iRR:G (M "Olli MIOJICIYAL NEA('H, NFl"JLEAfIfLNA1 FAC'ILI71F5 ANU NJpIJC PAN.KS: ANU HY
4NACTIN() A NL•W' 9UA9:CTI(NV IOl_7Q "AI)[NT[ONAt. RLq FJi APPLYING: TO CLTY PARI(.S.
NfAR1:ApQN FACIIJTIGS AND T}IE MI)NK;IPAi. BY.ACH', l» PNUVtDE F(M ALN%'RONAL RVW"iS
W}IICII INCLL:[%:S APR(NDDITION ON SMOKING 1F: CGRT.\/N ARPAS CIF 71iE DEACII. T}IATCAN ItF.
Fh1Y)N[.'F:D pY ISSI)DiG CIVIL C'17'A7lUNS fN A7N%'RON "m CYIHER NCA7F1)IL'S. PROVIUIT.`G A
GENERAL REPEAIFJt CIJiVSF A SAV WGS CJAUSE ANp AN 5FF'ECTIYE DATE.
AN GNLRNANCL' ()F THE CITY COMMISSN)IJ OF' 7NL' CITY l/F Df1RAY HPACTf, FIJ)RIDA.
ANNFJ[IN(i TU 731E (]'IV PY DELRAY 6CiACl1, A TARGET. OF IAND LOCATTiD ON T7G3 SOITPI)-SIDH
(1P I )3RU RUAD, AM FEEL' WE.Sf OF pARWICK ROAf>, ANU APVRO%1MATtLY I,OW FGF.7 NURp{ OF
IJ(Kq [DA RDAD. AS TIIG SAME IS MORIi PARTICUUIRLY DGSCRG)GD I7EQPGC. WHICH [J(ND /S
C'ONIIGU()IIS lU l'f1E t7(IS'RNGMUNICTFAI. LIMRS; RYDFJr7NINC: T11G DOUNDARIFSOF' 771E CI'M
70 INf.U1UL SAIU I.ANIY, 1'ROVIpIFIG FOR TYIf_ KI(i/17S ANU ODLN)A71QVS OF SAID LAND;
I'RUVIDIN(i FOR'll{Y, ZUNING Tl7[ilt[i0Y 70ILM-F (M[iO11JM DENSITY RYS[DF3rT.V. -F UNITS PER
.\("Nlk YRO VIlNNO A tTPNfiRAL Hfl'RALFJt GAI.:SE, A SAVING CLAISI~ANb AN EI°YE'Cfl V E I'LYrFi.
A nmP frwxm x~W)Oepiraurg tke ReweMl beotkr ofthe lN'''RHY a)kanrwxed is fhu.uw tNkwr. A«wwpkle legal
aex.ipf >n by kw wwtl.w.ld:~iak,w.rra« mexa.rd Iwfm(Ix:rM R «.ly wrllx wraelawrx Amin eww'a n.m d e.n e.•
olawin,d fnmi tlm [)fGce nftlx. Ciry CIeA, Cfry Ilell. 100 N. N'. lw Av«rua, U im buck, FkNii/a.
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RE%AAYIN() ANU YLACINCi LAND 1'NF\F*!l'LY !.[)M1IiU 1 (INUII.S'CRIAL) LNSIRICT TO MJC (MIXED
INUUSTNIAI. ANU f:rCf.A(MCRCIAI.) UISTRIG'1; S.1[D LAND pEl.*iC; A PARC9~J. I_OCA77:U NORTH (If
'IH/'i OLU TRAIN 5TA'f10N, DI~1'WlilTi 'fHl: CSX RAILItOAU ANU 1-Y3. AS MORE PAR'1'ICULARLV
I%,SCRIIII'.D fIP.R[i1N; AMtr4DINCi 'TONING MAP Cq'. DG[RAY DFAC11, FLORIDA. MARCH :006';.
YNOYIC%N(; :\ l:l:ly ENAL REPEAL CR CLAUSL-', A SAV'M<i CLAUSE. ANU AN PJ'Y[C-fI VE UATC.
DRDINAN(l' N(L T2-115
AN ONU[NAN(7? OF l'/[I-: [:ffY C'OMA(I.SSK~NS IX' T7{g CITY IN UBI.RAV HF:A(:H, CCORIUA.
AMLNC%NC)(:IIAPiI'R IMI.-NVISANCES'.OF 771[:COOL OF ORC%NANCSvS 1.)P 711E CITY (1F Df:I_R4Y
(1P.\CH HV f:N M'11N(: A NKW Sf:CTN)N 100.10, "ft~'UIYIUIJA[J.Y DIiS[C:tiAfCU HfSRN(fC
STRI.'G'RINI:S ANU S'(NlK'T4TLGS IN I(ISTCNI IC: U157'RIL"[S','fO MtCIHIRITNGULL'('1'(%'SAME ANU
YRO\'IUE A MISO{(>D COR ENFORC[;ADG.fI" TO HFJ.P PREVPNf D}7TJUORAT'ION OF SAh14 i
PRUV IIIING A SAVINGS CI.Ali5fi, A CiGN17(AL RL?YEAL.f7[ C'L_~USF., AND AN GPFG("T1 VF: DAIT;.
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AN (INUINANI:E OY II{F C"fll' [Y)A1MIS5KIN OY 'THE CUV OF' AELRAY IJLACI/. k7J11tlUA,
AMFNDINIi CHAYTFX S9, "RECLAIMi:II WAfP.R', OF'"THE CCIUE OF OKUINANCES l7k THE CITY Uf
UILLRAY HP. ACH. IfY AMENUW(: SE(.°R031 39.09, 'Y'YJ:S. RAC[iS ANI) C[UR(iEti ,'R) AUJIfSC I'N[?
WII(.)I.ES,V.t C115'IT)MEN RAl'f' YRUVIUINCi A SAVING CL1LISfi, A (s'FJJIiNAI. REPG1Lf:N C'LAt/SG
ANU AN Ef F7:(:IIV F UAf[i.
t1NDINANGF I\D 1A-06
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