Loading...
11-95 ORDINANCE NO. 11-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTIVITIES DISTRICT) IN THE RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY, APPROXIMATELY 2,900 FEET SOUTH OF GULFSTREAM BOULEVARD; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned SAD (Special Activities District); and WHEREAS, at its meeting of November 21, 1994, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed this item and voted 6 to 0 to recommend approval of the rezoning, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1, That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of RM (Medium Density Residential) District for the following described property: All of the North 324.04 feet of Lot 38, Section 9, Township 46 South, Range 43 East, lying East of the East right-of-way line of the Federal Highway, being State Road No. 5, and extending to the Intracoastal Waterway, lying and being in Palm Beach County, Florida, as per Plat recorded in Plat Book 8 at Page 40 of the Public Records of Palm Beach County, Florida. ' Together With Tract "A", Snow Hill, according to the Plat thereof recorded in Plat Book 21, Page 83, of the Public Records of Palm Beach County, Florida. I The subject property is located on the east side of North Federal Highway, approximately 2,900 feet south of Gulfstream Boulevard; containing 11.11 acres, more or less. ~_~ That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section ! hereof. ~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 21st day of February , 1995. ATTEST: City C~erk - First Reading February 7, 1995 Second Reading February 21f 1995 - 2 - Ord. No. 11-95 AC ! OF __SAD_ MARINA CAY- REZONING MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ [O.~.- MEETING OF FEBRUARY 2~, 1995 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 11-95 DATE: FEBRUARY 17, 1995 This is second reading and public hearing for Ordinance No. 11-95 which rezones an 11.11 acre parcel of land from SAD (Special Activities District) to RM (Medium Density Residential) District. The subject property is located on the east side of North Federal Highway, immediately south of the Delray Swap Shop, and was formerly known as Marina Cay. The purpose of the rezoning is to apply the appropriate zoning category for a potential multiple family development. Please refer to the staff documentation for analysis. The Planning and Zoning Board formally reviewed this item on November 21, 1994, and voted 6 to 0 to recommend that the rezoning be approved. At first reading on February 7, 1995, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 11-95 on second and final reading. ref:agmemo20 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ /~'~ - MEETING OF FEBRUARY 7. 1995 FIRST READING FOR ORDINANCE NO. 11-95 DATE: FEBRUARY 3, 1995 This is first reading for Ordinance No. 11-95 which rezones an 11.11 acre parcel of land from SAD (Special Activities District) to RM (Medium Density Residential) District. The subject property is located on the east side of North Federal Highway, immediately south of the Delray Swap Shop, and was formerly known as Marina Cay. The purpose of the rezoning is to apply the appropriate zoning category for a potential multiple family development. Please refer to the staff documentation for analysis. The Planning and Zoning Board formally reviewed this item on November 21, 1994, and voted 6 to 0 to recommend that the rezoning be approved. Recommend approval of Ordinance No. 11-95 on first reading. If passed, a public hearing will be held on February 21, 1995. ref:agmemo20 LEGAL VERIFICATION FORM FILE %: 95-003 PROJECT NAME: LEGAL DESCRIPTION: Ail of the North 324.04 feet of Lot 38, Section 9, Township 46 South, Range 43 East, lying East of the East right-of-way line of the Federal Highway, being State Road No. 5, and extending to the Intracoastal Waterway, lying and being in Palm Beach County, Florida, as per Plat recorded in Plat Book 8, at page 40 of the Public Records of Palm Beach County, Florida. Together With Tract "A" Snow Hill, according to the plat thereof recorded in Plat Book 21, page 83 of the Public Records of Palm Beach County, Florida. SOURCE (of legal description): Survey dated 5/12/94 VERIFIED BY: /- VERIFICATION REQUEST~NEEDED BY JANUARY 31 1995. LEGAL DESCRIPTION IN ORDINANCE (No. ) VERIFIED PRIOR TO SECOND READING VERIFIED BY: DATE VERIFICATION REQUEST NEEDED BY 1995. Ref/marleg CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER FROM: ~ SUBJECT: MEETING OF FEBRUARY 7, 1995 FIRST READING OF ORDINANCE NO. ;I -95 - REZONING FROM SAD (SPECIAL ACTIVITIES DISTRICT) TO RM (MEDIUM DENSITY RESIDENTIAL) FOR AN 11.11 ACRE SITE (FORMERLY KNOWN AS MARINA CAY). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance rezoning 11.11 acres of land from SAD (Special Activities District) to RM (Medium Density Residential). The purpose of this rezoning is to apply the appropriate zoning classification for a potential multiple family development. The subject property is located on the east side of North Federal Highway, approximately 2,900 feet south of Gulfstream Boulevard, immediately south of the Delray Swap Shop. BACKGROUND: The proposal is to rezone the 11.11 acre parcel from SAD (Special Activities District) to RM (Medium Density Residential, 6-12 du/ac). With the rezoning request, a Future Land Use Map Amendment is being processed to change the 2 acre commercial component on the property from General Commercial to Medium Density Residential (5-12 du/ac). If the Future Land Use Map Amendment and Rezoning are approved, a site and development plan submittal to construct a multiple family development is anticipated. The property is currently zoned SAD which is governed by an enacting ordinance and specific site plan. The approval is for a large mixed use development consisting of the following: 102 multiple family units, a 62 slip marina, 65,500 sq.ft, of retail/office/restaurant use, and private recreation facilities including a health club. If the rezoning is approved, the current SAD ordinance for Marina Cay will be repealed, thus the City Commission Documentation Meeting of February 7, 1995 First Reading of Ordinance No. -95 - Rezoning from SAD to RM for the Marina Cay Site Page 2 SAD will become void. In order to re-establish a similar mixed use development, a land use amendment to accommodate the commercial component and rezoning to SAD would be necessary. A complete analysis of the Rezoning is found in the attached Planning and Zoning Board Staff Report. This item was originally scheduled for first reading at the Commission's December 6th meeting, however, the applicant requested postponement in order to re-evaluate the market study for the proposal. On January 25, 1995, the applicant requested that the item be scheduled for first reading at the Commission's February 7th meeting. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of November 21, 1994, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. There was no public testimony in opposition to the land use map amendment or rezoning to RM. The Board voted 6-0 (Ms. Young absent) to recommend that the rezoning be approved. RECOMMENDED ACTION: By motion, approval of Ordinance No. I~ -95 on First Reading, setting a public hearing date of February 21, 1995. Attachment: * Location/Zoning Map * P & Z Staff Report and Documentation of November 21, 1994 * Copy of Ordinance No. II-95 Y~CCMARINA.DOC 'PLANNING & ZC'NING BOARD CITY OF DELRAY BEACH --- STAFF REPORT--- MEETING DATE: November 2i, 1994 AGENDA ITEM: V.E. ITEM: Rezoning from SAD (Special Activities District) to RM (Medium Density Residential) (Former Marina Cay Site). GENERAL DATA: Owners ........................ EBJH Corporation Applicant ..................... Jim Spooner Siemens Group Realty Corporation Location ...................... On the east side of North Federal Highway, approximately 2,900 feet south of Gulfstream Boulevard, immediately south of the Delray Swap Shop. Property Size ................. 11.11 Acres Current City Land Use Plan .... Medium Density Residential 5-i2 du/ac (9.1] acres) and General Co--arc]al (2 acres) with Large Scale Mixed Use Overlay (11.11 acres). Proposed City Land Use Plan...Medium Density Residential 5-12 du/a¢ with Large Scale Mixed Use Overlay. Overlay will be removed with Comprehenshive Plan ~.mendment Current City Zoning ........... SAD (Special Activities District) Proposed City Zoning ........... RM (Medium Density Residential) Adjacent Zoning ........ North: GC (General Commercial) and RS (Single Family Residential - Town of Gulfstream) South: GC, RM (Medium Density Residential) and R-I-A (Single Family Residential) East: OR (Outdoor Recreation - Town of Gulfstream) West: AC (Automotive Commercial) Existing 'Land Use ............. Vacant property with 3 vacant single family structures (formerly a mobile home/trailer park). Proposed Land Use ............. Potentially a 133-unit multiple family development. Water Service ................. Available via main extensions from an existing 12" water main along Federal Highway. Sewer Service ................. Available via main extensions and ccnnection to existing lift station at the southeast V.E. corner of the property. ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission on a Rezoning request from SAD (Special Activities District) to RM (Medium Density Residential), pursuant ko Section The subject property is located on the east side of North Federal Highway, approximately 2,900 feet south of Gulfstream Boulevard, immediately south of the Delray Swap Shop (Marina Cay property). Pursuant to Section 2.2.2(E), the Local Planning Agency (P & Z Board) shall review and make a recommendation to the City Commission with respect to .rezoning of any property within the City. PROJECT DESCRIPTION: The proposal is to rezone the 11.11 acre parcel from SAD (Special Activities District) to RM (Medium Density Residential). With the rezoning request, a Future Land Use Map Amendment is being processed to change the 2 acre commercial component on the property from General Commercial to Medium Density Residential 5-12 du/ac. If the Future Land Use Map Amendment and Rezoning are approved, a site and development plan submittal to construct a multiple-family development is anticipated. The property is currently zoned SAD which is governed by an enacting ordinance and specific site plan. The approval is for a large mixed use development consisting of the following: 102 multiple family units, a 62 slip marina, 65,500 sq.ft, of retail/office/restaurant use, and private recreation facilities including a health club. If the rezoning is approved, the current SAD ordinance for Marina Cay will be repealed, thus the SAD will become void. In order to re-establish a similar mixed use development, a land use amendment to accommodate the commercial component and rezoning to SAD would be necessary. BACKGROUND: (For a complete history, please refer to the Future Land Use Map Amendment Staff Report) ZONING ANALYSIS: 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, Compatibility, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations (LDRs). P & Z Board Staff ~port ~ Rezoning from SAD ~o RM for the Marina Cay Property Page 2 With the action on the land use map amendment, positive findings were made with respect to Concurrency and Comprehensive Plan Consistency. Concurrency as it relates to the zoning change form SAD to RM as well as compliance with respect to the Future Land Use Map, and Compliance with Land Development Regulations (Standards for Rezoning Actions, Rezoning Findings) are discussed below. Future Land Use Map: Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures 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 subject property has a Land Use Map designation of Medium Density Residential 5-12 du/ac (9.11 acres) and General Commercial (2 acres), with a zoning designation of SAD .(Special Activities District). The rezoning from SAD to RM (Medium Density Residential) is being processed in conjunction with a future land use map amendment from General Commercial to Medium Density Residential 5-12 du/ac in order to create consistency between the land use and Zoning designations as well as the proposed use of the property as a multiple-family development. Based upon the above positive findings with respect to Consistency with the Future Land Use Map can be made. Concurrency: Pursuant to Section 3.1.1(B), Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the Public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water & Sewer: The rezoning from mixed use to residential will result in a minor decrease in water and sewage flows. The projected water and sewer flows under the current SAD development scenario are 32,300 gallons per day,whereas the flows for a maximum potential 133-unit multi-family development would be 29,100 gallons per day. Development of these properties under either scenario will not cause an adverse impact on water and sewer level of service standards. Water and sewer service is available adjacent to the property. With future development any main extensions and/or upgrades will be the responsibility of the developer. P & Z Board Staff ~port ) Rezoning from SAD %o RM for the Marina Cay Property Page 3 Drainage: As the property is currently vacant, there are no problems anticipated with· the ability of future development retaining drainage on-site and complying with South Florida Water Management District Standards. Streets and Traffic: The Marina Cay SAD (mixed use development) has a vested traffic count of 4,495 average daily trips. Traffic generated by the potential 133-unit multiple family development will generate 931 trips, thus potential traffic will be reduced by 3,564 trips. It is noted that the major roadway adjacent to the subject property is North Federal Highway, a State Principal arterial. This roadway link (between George Bush Boulevard and Gulfstream Boulevard), is currently operating at an acceptable level of service (Level of Service "A") . Based upon the above, positive findings with respect to traffic concurrency can be made. Parks and Recreation: The current SAD zoning includes approval of 102 dwelling units. The proposed RM zoning will allow a maximum of 133 units. The additional units will not have a signifiCant impact with respect to level of service standards for parks and recreation facilities. A parks and recreation impact fee of $500 per unit will be assessed at the time of building permit. Solid Waste: The rezoning will result in a substantial reduction of trash generated. The existing SAD (mixed use) would generate 2',356 pounds per day whereas a multi-family development under the proposed RM zoning would wOuld generate 503 pounds per day. Thus, positive impacts on this level of service standard will be realized. Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: 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 property mitigate adverse impacts from the new use. North of the subject property is zoned GC (General Commercial and Town of Gulfstream RS (Residential Single Family); west is zoned AC (Automotive Commercial); south is zoned GC, RM, and R-1-A (Single Family Residential); and, east across the Intracoastal Waterway is zoned Town of Gulfstream OR (Outdoor Recreation). P & Z Board Staff ~port Rezoning from SAD ~o RM for the Marina Cay Property Page 4 The existing land uses to the north are the Delray Swap Shop and a spoil area for dredging the Intracoastal Waterway [FIND (Florida Inland Navigational District) property]; south is Sande's Restaurant, a mix of single family and duplex structures, and an 8-unit multiple family structure; west is a vacant auto dealership; and, east across the Intracoastal Waterway is the Gulfstream Golf Course. The adjacent residences are predominantly multiple family in character. The proposed RM zoning will allow a development which is much less intense than the currently approved SAD (mixed use development), therefore compatibility with the adjacent residences should be enhanced. There is some concern that the location of the subject property adjacent to the Swap Shop may present some problems as far as its potential for residential development. Those issues can be further addressed during the site plan review process, where the provision of adequate building spacing and buffering can be addressed. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section 3.1,1, the City Commission must make a finding that the rezonlng fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon ' circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: "Reasons B & C apply in this situation. Market conditions do not show a demand to economically build such an intense mixed use development of commercial, residential and marina. There is a much stronger demand for multi-family residential. Multi-family residential will be an appropriate use for the property to fill in between the single-family and multi-family units to the south of the property and the commercial properties to the north. Multi-family residential will be less intense use of the property than what is currently approved. P & Z Board Staff ~eport Rezoning from SAD !, RM for the Marina Cay Ps ~rty Page 5 The RM designation for the whole property is more appropriate than having commercial on the property due to its location on the Intracoastal Waterway. It would be more appropriate to have residential on the property overlooking the Intracoastal Waterway, the Gulfstream Golf Course and the wooded FIND site. It would also be more appropriate to have multi-family residential next to the property' s neighbors of single family homes than commercial. Multi-family residential would act as a buffer between the single family residential to the south and the commercial property (Drive-In Swap Shop) to the north. RM would prove to be much more compatible with the surrounding properties than the 65,500 sq. ft. of commercial and would be less intense as far as the neighborhood impact is concerned. Additionally, there is an overabundance of vacant or unused commercial property in the area. Allowing for all RM designation and getting new residential development could help spur the redevelopment of the area. Under .the RM district there could be 12 units per acre. The property has appr6ximately 11.11 acres, which could provide for a total of approximately 133 units, instead of the currently approved 102 units. This would equate to swap of 65,500 sq.ft, of commercial for 31 residents." Comment: Item C appears to be the basis for which the rezoning should be granted. As single family and duplex structures abut the south side of the property, the RM zoning (medium density) is as appropriate as SAD and could serve as a transition area for the existing residences from the commercial property to the north (Swap Shop). The property's location adjacent to the Intracoastal Waterway as well as its configuration (narrow and deep) lends itself well to residential development. The rezoning should be beneficial for the development of vacant land to the south which also abuts the Intracoastal Waterway and has the development potential for single family homes. Also, the development of the property as multi-family may be more realistic than a large scale mixed use development. Development of the property as residential would be an inducement the area and may encourage redevelopment and development of surrounding properties. Based upon the above, it is appropriate to rezone the property to RM. REVIEW BY OTHERS ~ The rezoning is not in a geographic area requiring review by the HPB ( Historic Preservation Board) or the DDA (Downtown Development Authority). P & Z Board Staff ,port Rezoning from SAD =o RM for the Marina Cay Property Page 6 Community Redevelopment Agency At its meeting of October 20, 1994, the Community Redevelopment Agency reviewed and recommended approval of the land use plan amendment. Special Courtesy Notice: Special notice was provided to Scott Harrington, Town Manager, Town of Gulfstream. Courtesy notices were provided to the following homeowner's and neighborhood associations: * North Federal Highway Task Team * Beach Property Owner's Association * Northeast Neighborhood * Progressive Residents Of Delray (PROD) Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT ".AND CONCLUSION.' The Rezoning from SAD to RM for the subject property is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Also, positive findings can be made with respect to Section 2.4.5 (D) ( 5 ) (Rezoning Findings), that the RM is as appropriate if not more appropriate, given the adjacent residential developments and the configuration and location of the parcel. Development of the property as residential would be an inducement the area and may encourage redevelopment and development of surrounding properties. ALTERNATIVE ACTIONS : A. ' Continue with direction. B. Recommend approval of the rezoning request from SAD to RM based upon positive findings with respect to Chapter 3 ( Performance Standards ) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5). C. Recommend denial of the rezoning request from sAD to RM based upon a failure to make a positive finding with respect to Chapter 3.3.2 (Compatibility), and that pursuant to Section 2.4.5(D)(5) the rezoning fails to fulfill at least one of the reasons listed. P & Z Board Staff ~port Rezoning from SAD ~o RM for the Marina Cay Property Page 7 STAFF RECOMMENDATION : Recommend to the City Commission approval of the rezoning from SAD ( Special Activities District ) to RM (Medium Density Residential ) based upon positive findings with respect to Chapter 3 of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5)(c) (Rezoning Findings). Attachments: * Location/Zoning Map * Survey Y .' PZMARCAY. DOC SIEMENS + RSSOC TEL:407-362-9208 Dec 21,9zl 15:32 No.O02 ' -~..'&:.~,,'~;:l¢~I __:i~,_~?!I!,L.,..~,.,~.~ ..~ ~:..~:~:~.~.~ ~~ ~~ ..... ,, Siemens ~ ~ ~. 4~ N~ Petrol HiCway December 2I, 1994 Mr. DaSd Harden, ~ Manager Officc of tho Ci~ Cl~rk Via ~ (407) Ci~ of Dclray Dclray Beach, FL ~: Application for ~nd Usc Plan ~cndment and Rczoning for M~ina ~y Dear Mr. H~den, W~ r~qu~st ~ addition~ thir~ (30) daf postponement for th~ first r~ading of ~ above referenced application. We still need to resolve some issues that have b~cn brought to our attention regarding the prop~r~ and we are still re-addressing our market study. Therefore, w~ requtr~ th~ additional time to perform the additional research on thc properS. We look for your understanding on ~ts matter ~d will appreciate your effoas in ~rantinS us this postponement. If you have any questions or comments please call mc at (407) 362* 9~5. Sincerely, ~'"~ ~_~mens Group,er Realty~~r~' ~ ~.--'"'c.c. Jeff Costello, Senior Planner, via fax 243-7221 JES/db cc: City Clerk City Attorney Planning Director