62-95 ORDINANCE NO. 62-95
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 PRD-4 (PLANNED RESIDENTIAL DEVELOPMENT-4 UNITS
PER ACRE) DISTRICT; SAID LAND BEING LOCATED EAST OF
INTERSTATE-95 ON THE NORTH SIDE OF LAKE IDA ROAD, AS
MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE 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 October 16, 1995, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at public hearing and voted 4 to 2 to
recommend approval of a rezoning to PRD-4 (Planned Residential
Development-4 units per acre) District, 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 OOMMISSION 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 PRD-4 (Planned
Residential Development-4 units per acre) District for the following
described property:
A portion of Section 8, Township 46 South, Range 43
East, Palm Beach County, Florida, more particularly
described as follows:
Beginning at the Northwest corner of Lot 17, Block 3
of Lake Ida Manor Addition No. 2 as recorded in Plat
Book 25 at Page 61 of the Public Records of Palm
Beach County, Florida; then run South 00 degrees
13'52" East along the West boundary of said Lake Ida
Manor Addition No. 2 a distance of 254.38 feet to the
northerly right-of-way of Lake Ida Road; then run
North 89 degrees 51'08" West along said northerly
right-of-way 971.07 feet; then run North O0 degrees
11'43" East along said right-of-way 13.97 feet to the
southeast corner of Isles of Delray Section 2 as per
the Amended Plat thereof as recorded in Plat Book 71
at Pages 58 through 62 of the Public Records of Palm
Beach County, Florida; then run North 89 degrees
50'57" West along said northerly right-of-way 236.61
feet to the point of curvature for a curve to the
right; then run northwesterly along said right-of-way
curve having a radius of 1450.52 feet, through a
central angle of 25 degrees 44'55" for an arc
distance of 651.86 feet; then run North 64 degrees
02'52" West along said right-of-way 96.43 feet; then
run North 60 degrees 54'30" West along said
right-of-way 17.84 feet; then run South 29 degrees
05'30" West 14.00 feet; then run North 60 degrees
54'30" West along said right-of-way 150.00 feet; then
run North 29 degrees 05'30" East 14.00 feet; then run
North 60 degrees 54'30" West along said right-of-way
54.00 feet; then run North 30 degrees 04'37" East
along the westerly boundary of said Isles of Delray
Section 2, a distance of 474.93 feet; then run South
59 degrees 52'45" East, 140.52 feet; then run South
60 degrees 52'15" East, 50.00 feet; then run South 59
degrees 52'45" East, 139.51 feet to the easterly
boundary of said Isles of Delray Section 2; then run
North 30 degrees 04'37" East along said easterly
boundary 419.74 feet to the point of curvature for a
curve to the right; then run northeasterly along said
curve having a radius of 40.09 feet, through a
central angle of 60 degrees 09'13" for an arc
distance of 42.09 feet to the point of curvature for
a curve to the left; then run northeasterly along
said curve having a radius of 25.00 feet through a
central angle of 90 degrees 11'25" for an arc
distance of 39.35 feet; then run North 00 degrees
14'06" East, 295.93 feet; then run South 89 degrees
44'36" East along the south boundary of a 50 foot
canal as per record Plat of Lake Ida Shores according
to the Plat thereof as recorded in Plat Book 25 at
Page 54 of the Public Records of Palm Beach County,
Florida, a distance of 1016.77 feet to the westerly
boundary of an 80 foot canal; then run South O0
degrees 15'59" East along said westerly boundary as
per said record Plat of Lake Ida Shores, a distance
- 2 - Ord. No. 62-95
of 802.96 feet; then run South 89 degrees 46'49" East
along the South boundary of said canal 40.00 feet;
then run South 00 degrees 15'59" East along the
westerly boundary of said Lake Ida Shores a distance
of 2D0.00 feet; then run South 89 degrees 46'49" East
along the southerly boundary of said Lake Ida Shores,
a distance of 260.06 feet to the Point of Beginning.
The subject property is located on the north side of
Lake Ida Road, east of Interstate-95 (formerly known
as Isles of Delray); containing 40.86 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 I 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.
~ 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 7th day of November , 1995.
A TEST: '
~ City C~erk /
First Reading October 24~ 1995
Second Reading November 7~ 1995
- 3 - Ord. No. 62-95
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ /~ - MEETING OF NOVEMBER 7. 1995
~ECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 62-9~
R~ZONING FOR DELRAY LAKES (FORMERLY ISLES OF DELRAY)
DATE: OCTOBER 30, 1995
This is second reading and public hearing for Ordinance No. 62-95
which rezones a 40.86 acre parcel of land from SAD (Special
Activities District) to PRD-4 (Planned Residential Development,
with a density suffix of 4 units per acre). The property is
located on the north side of Lake Ida Road, east of 1-95. It is
the former Isles of Delray site which was approved for
development of 106 zero lot line units and 48 townhouse units in
1983. The site plan was locked in by rezoning the property to
SAD. In 1990, after two site plan extensions had been granted, a
third extension request was denied based on the need to have the
project reviewed for compliance under current standards. Hence,
the SAD approval expired.
The rezoning from SAD to PRD-4 is being sought to accommodate the
development of 160 conventionally sited homes to be known as
Delray Lakes. The lot sizes and configuration are to be detailed
in a Master Plan, which has not yet been formally submitted nor
is it required to accompany the rezoning request.
The Planning and Zoning Board first considered this request at
public hearing on September 18, 1995. Concerns from adjacent
property owners about the size of lots across the canals from
their homes were expressed and the Board continued the matter
until such time that a master plan was ready. Subsequently, the
developer and property owner indicated that they wanted to first
have the zoning in place before proceeding with the full site
plan, so the rezoning issue was brought back to the Board. At
public hearing on October 16, 1995, after lengthy discussion on
the item and the appropriateness of the developer's proposed
density (3.9 units/acre), the Planning and Zoning Board voted 4
to 2 (Schmidt and Schwartz dissenting) to recommend approval of
rezoning to PRD-4. Please refer to the staff report for
additional analysis.
At first reading on October 24, 1995, the Commission passed the
ordinance by a vote of 3 to 2 (Dr. Alperin and Mayor Lynch
dissenting).
Recommend approval of Ordinance No. 62-95 on second and final
reading.
ref:agmemo7 ~~ ~ ~ /
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ I~ ~ - MEETING OF OCTOBER 24. 1995
FIRST READING FOR ORDINANCE NO. 62-95/REZONING FOR
DE~AY LAKES (FORMERLY ISLES OF DELRA¥)
DATE: OCTOBER 20, 1995
This is first reading for Ordinance No. 62-95 which rezones a
40.86 acre parcel of land from SAD (Special Activities District)
to PRD-4 (Planned Residential Development, with a density suffix
of 4 units per acre). The property is located on the north side
of Lake Ida Road, east of 1-95. It is the former Isles of Delray
site which was approved for development of 106 zero lot line
units and 48 townhouse units in 1983. The site plan was locked
in by rezoning the property to SAD. In 1990, after two site plan
extensions had been granted, a third extension request was denied
based on the need to have the project reviewed for compliance
under current standards. Hence, the SAD approval expired.
The rezoning from SAD to PRD-4 is being sought to accommodate the
development of 160 conventionally sited homes to be known as
Delray Lakes. The lot sizes and configuration are to be detailed
in a Master Plan, which has not yet been formally submitted nor
is it required to accompany the rezoning request.
The Planning and Zoning Board first considered this request at
public hearing on September 18, 1995. Concerns from adjacent
property owners about the size of lots across the canals from
their homes were expressed and the Board continued the matter
until such time that a master plan was ready. Subsequently, the
developer and property owner indicated that they wanted to first
have the zoning in place before proceeding with the full site
plan, so the rezoning issue was brought back to the Board. At
public hearing on October 16, 1995, after lengthy discussion on
the item and the appropriateness of the developer's proposed
density (3.9 units/acre), the Planning and Zoning Board voted 4
to 2 (Schmidt and Schwartz dissenting) to recommend approval of
rezoning to PRD-4. Please refer to the staff report for
additional analysis.
Recommend approval of Ordinance No. 62-95 on first reading. If
passed, a public hearing will be held on November 7, 1995.
ref:agmemo7 ~~ J ~ c~
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
FROM: ~KS, SENIOR PLANNER
SUBJECT: MEETING OF OCTOBER 24, 1995
REZONING FROM SAD (SPECIAL ACTIVITY DISTRICT) TO PRD
(PLANNED RESIDENTIAL DEVELOPMENT) FOR DELRAY LAKES
(FORMERLY THE ISLES OF DELRAY)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first reading
of an ordinance rezoning a parcel of land from SAD (Special Activity District) to
PRD (Planned Residential Development). The subject property is the Isles of
Delray SAD, which is located east of 1-95 on the north side of Lake Ida Road,
and contains approximately 40.86 acres.
BACKGROUND:
In 1983, the City Commission approved a site plan for the Isles of Delray under the
PRD-4 zoning to allow the construction of 106 zero lot line units and 48 townhouses.
Shortly after that approval, the City Commission (with the concurrence of the property
owner) initiated a rezoning of the subject property to SAD to insure that the project
would be built per the approved site plan. A site plan extension was granted in 1986
and 1989. In 1990, the City Commission denied the third site plan extension request,
based on the project's need to be reviewed for compliance under the newly adopted
Comprehensive Plan, LDR's, and Palm Beach County Traffic Performance Standards.
The current SAD zoning on the subject property has since expired.
The rezoning request from SAD to PRD is being sought to allow for the construction of
160 conventionally sited homes known as Delray Lakes.
City Commission Documentation
Rezoning from SAD to PRD for Isles of Delray
Page ;~
PLANNING AND ZONING BOARD CONSIDERATION:
This item was originally considered at the Planning and Zoning meeting of September
18, 1995. Residents from the adjacent Lake Ida Shores subdivision attended the
meeting and spoke in opposition to the rezoning, mostly based on concerns about the
sizes of lots proposed across the canals from their homes. The lot sizes and
configuration are to be detailed in a Master Plan, which has not yet been formally
submitted. The Board voted to continue the item until such time that the Master Plan
was ready. Subsequent to that meeting, the developer and property owner stated their
desire to have the zoning in place prior to proceeding with the preparation of a full site
plan. As the plan is not required to accompany the rezoning, the rezoning itself was
brought back to the Board.
At its meeting of October 16, 1995, the Planning and Zoning Board held another public
hearing for the rezoning request. Five people from the public spoke on the item.
Again, many of the comments related to the Master Plan. Other comments related to
the density (5 units per acre) and flexibility allowed in the PRD zoning. Some residents
wanted the density limited to 3 units per acre. The Planning and Zoning Board had a
lengthy discussion on the item and the appropriateness of the developer's proposed
density (3.9 units per acre). The Board voted 4-2 to recommend a rezoning of PRD-4
(Schmidt, and Schwartz dissenting). The dissenting votes were based on a concern
over density, and on the desire to have the master plan accompany the rezoning.
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance rezoning Isles of Delray
from SAD (Special Activity District) to PRD-4 (Planned Residential
Development) as described in the attached ordinance, and setting a
public hearing date of October 24, 1995.
Attachments:
· P&Z Staff Report and Documentation of October 16, 1995
· Ordinance by Others
MEETING OF: OCTOBER 16, '1995
AGENDA ITEM: V.A. REZONING REQUEST FROM SAD (SPECIAL ACTIVITIES
DISTRICT) FOR DELRAY LAKES, LOCATED ON THE NORTH
SIDE OF LAKE IDA ROAD, EAST OF 1-95 (CONTINUED FROM
THE SEPTEMBER '18, '1995 MEETING).
ITEM BEFORE THE BOARD:
See attached staff report from the September 18, 1995 meeting.
Attachment:
* P&Z Staff Report from the September 18, 1995 Meeting
V.A.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: September 18, 1995
AGENDA ITEM: V.C.
ITEM: Rezoning from SAD (Special Activities District) to PRD (Planned
Residential) to accommodate an 160 unit single family residential
development, located on the north side of Lake Ida Road, at Roosevelt
Road.
GENERAL DATA:
Owner ................................................. Gilbert Goldstein
Applicant ............................................ Bovis Homes
Agent .................................................. Gerald Levy
Location .............................................. Nodh side of Lake Ida Road, at Roosevelt Road.
Property Size ...................................... 40.86 Acres
Future Land Use Map ......................... Low Density Residential
Current Zoning .................. ~ ................ SAD (Special Activities District)
Proposed Zoning ................................ RRD(Planned Residential Development)
Adjacent Zoning ........................ Nodh: R-l-AAA (Single Family Residential)
East: R-l-AAA and R-l-AA (Single Family Residential)
South: R-I-A (Single Family Residential) and CF (Community Facilities)
West: R-I-A and OSR (Open Space and Recreation)
Existing Land Use...~'t ......................... Vacant, formedy a proposed residential development with some installed
infrastructure.
Proposed Land Use ............................ Rezoning from SAD (Special Activities District) to PRD (Planned Residential)
to accommodate an 160 unit single family residential development
Water Service .................................... Existing 8" water main in Enfield Road.
Sewer Service .................................... Existing 8" sewer main in Enfieid Road.
V (}
The action before the Board is making a recommendation on a rezoning request from
SAD (Special Activity District) to PRD (Planned Residential Development). This
rezoning is being sought in order to allow for the construction of 160 conventionally
sited homes.
The subject property is the Isles of Delray SAD, which is located east of 1-95 on the
north side of Lake Ida Road, and contains approximately 40.86 acres.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a
recommendation to the City Commission with respect to rezoning of any property within
the City. -
Prior to 1983, the land known as the Isles of Delray had a development plan for 100
single family lots. During the review and approval of the subdivision, there was
considerable focus upon traffic circulation as it relates to accessing the developed
property to the east (Delray Shores subdivision). The extension of N.W. 8th Avenue to
Lake Ida Road and the connection of Enfield Road between the projects was rejected.
The resulting pattern is what exist today, a single access to Lake Ida Road at the west
end of the property. Some water and sewer mains were installed and some streets
were completed. Thirty-eight (38) lots were platted, and 5 homes were constructed.
in October of 1983, approval was granted for a site plan under the PRD-4 zoning
consisting of the following elements:
· 40.73 acres (fourteen of the original single family lots were not included);
· 106 zero lot line units and 48 townhouse units;
· provision of a water feature by widening the canals to 60', providing a boat
loading area, and water access to Lake Ida;
· provision of a recreation center;
· relocation of the entrance eastward to line up with Roosevelt Avenue.
Shortly after that approval, the City Commission (with concurrence of the property
owner) initiated a rezoning to SAD. The rezoning to SAD would insure that the project
would be built per the approved site plan. On January 24, 1984, the City Commission
approved the SAD zoning subject to conditions. One of the conditions was that the
project be built within 2~, months.
P&Z Staff Repod
Rezoning from SAD to PRD for the Isles of Delray
Page 2
In May 1986, the site plan was extended for an additional 24 months. In January 1989,
a new extension was granted with an expiration date of July, 1990. In April 1990, an
extension request was filed. It was noted that several events had occurred since the
last extension request which included the adoption of the City's Comprehensive Plan
and the LDRs, the County Traffic Performance Standards, and concurrency programs.
In order to review the project under the new Land Development Regulations, and
Comprehensive Plan policies, staff recommended that the site plan extension be
denied. At its meeting of September 25, 1990, the City Commission denied the
extension request for the Isles of Delray, and no development activity has occurred
since.
The development proposal is to rezone Isles of Delray from SAD to PRD to
accommodate 160 conventionally sited homes. Other elements of the proposal
include a 5' high concrete wall along Lake Ida Road, potential for a gated community,
two tennis courts, pool, cabana, covered picnic gazebo, boat ramps, and a recreational
vehicle and boat storage area.
The R-lA zoned parcels (14 lots) located in the northwest corner of the site are not
included in the rezoning, however they will take access through the development.
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 theauthority to approve or deny the development
application. These findings relate to the following four areas.
Future Lan, d Use Map: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use designation,
The current Future Land Use Map designation for the subject property is Low Density
Residential. The requested zoning change is from SAD to PRD. The proposed zoning
designation of PRD is consistent with the Low Density Residential Future Land Use
Map designation.
P&Z Staff Repod
Rezoning from SAD to PRD for the Isles of Delray
Page 3
The Low Density Residential Land use plan designation allows development at a
density of 0-5 units per acre. The proposed development density is 3.9 units per acre.
Based upon the above, a positive finding with respect to consistency with the Future
Land Use Map designation can be made.
Concurrency: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Streets and Traffic:
There are no changes in the intensity of use with the change in zor~ing from SAD to
PRD as both zonings would allow a maximum density of 5 units per acre. In either case
the maximum development potential of the property is 203 units which would generate
2,030 trips. Thus, the potential net trip generation resultling from the rezoning is zero.
Provision of a traffic study will be required with the master development plan
submission. Positive findings of Concurrency will be required with the approval of that
plan. It should be noted that Lake Ida Road is currently over capacity and no building
permits can be issued until the contract for that improvement is let.
Water and Sewer:
Preliminary engineering plans were not submitted.with the application. However, water
and sewer service is available to the site via mains located along Lake Ida Road. As
mentioned earlier in the report a partial water and sewer system internal to the site has
been installed, however only a portion of that system has been accepted for
maintenance by the City. In addition to the above, an existing lift station is located at
the southeast corner of the site and is situated on private property. Dedication of the
lift station to the City, and necessary upgrading of the existing water and sewer
systems can be further reviewed with the platting of the subject property.
The rezoning from one single family development to another will not generate an
increase in water or sewage demands. Further, there is adequate capacity at
the existing facilities to handle water demands and sewage generated from this
developmept.
Parks and Recreation:
The Delray Beach Comprehensive Plan Parks and Recreation Element indicates that
the City meets the adopted level of service for parks and recreation facilities for the
ultimate build-out population of the City. Thus, a positive finding can be made to this
level of service.
P&Z Staff Repod
Rezoning from SAD to PRD for the Isles of Delray
Page 4
in addition, pursuant to LDR Section 5.3.2(C)(1), whenever a development is proposed
upon land which is not designated for park purposes in the Comprehensive Plan, an in-
lieu fee of $500.00 per dwelling unit will be collected prior to issuance of building
permits for each unit.
Solid Waste:
According to Solid Waste Authority figures, the trash generated by the maximum
development potential under either zoning designations is 73.73 tons of solid waste per
year. The Solid Waste Authority indicates in its annual report that the established level
of service standards for solid waste will be met for all developments which have been
accounted for in their Comprehensive Plan. As this proposal is currently reflected in
the adopted Plan, concurrency will be met for the proposed development of this parcel.
Consistency: Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of overall
consistency.
Section 3.3.2 (Standards for Rezoninq Actions): The applicable performance
standards of Section 3.3.2 and other policies which apply are as follows:
A) That a rezoning to other than CF within stable residential area shall be
denied (Housing Element A-2.4).
The subject property is located within a stable residential neighborhood area.
Pursuant to Policy A-2.4, properties indicated as stable residential areas on the
Housing Map, should have the most restrictive residential zoning district
applicable affixed to the property. The proposed PRD zone district is just as
restrictive as the eXpired SAD. The resulting development will be of similar
intensity.
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.
West of the property is zoned OSR (Open Space and Recreational) (Lake Ida
Park); north and east R-1AAA (Lake Ida Shores subdivision); and south R-lA
(single family subdivisions) and CF (Spady School). The proposed development
is consistent and compatible with the surrounding residential land uses and
should not create any adverse impacts.
P&Z Staff Report
Rezoning from SAD to PRD for the Isles of Delray
Page 5
Section 2.4.5(D)(5) (Rezonin.q Findinqs):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. Thes, e 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 submitted a justification statement as a part of the rezoning application.
The statement indicates the following:
"That the site is in contract with a new developer. The current developer wants
to include more amenities, such as a pool, tennis courts, parking and storage
facilities, etc. Also SAD zoning has expired and that SAD is. generally applied to
Large Scale Mixed Use development and any use which is not accommodated
under the PRD zone District. Also, the zoning of PRD is consistent with the land
use of Iow density 0-5 dwelling units per acre."
Comment: The justification statement addresses Item B and C as the basis for which
the rezoning should be granted. To re-establish the SAD would be inappropriate as the
single family development can be accommodated under the PRD zone district. VVith
respect to Item C, the requested zoning of PRD is of similar intensity as allowed under
the Future Land Use Map.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted' and the following was found:
Open Space and Recreation Element Policy A-3.3: Tot lots and recreational areas
shall be a feature of all new housing developments which utilize any of the PRD
zone districts or which have homeowner associations which must care for
retention areas, private streets, or common areas.
P&Z Staff Report
Rezoning from SAD to PRD for the Isles of Delray
Page 6
The conceptual master development plan does not provided for a tot lot, however a tot
lot can easily be accommodated at one the proposed recreational areas. Two tennis
courts, pool, cabana, picnic area, and access to the canals have been provided as
recreational features of the development.
Land Use Element Objective A-1 - Vacant property shall be developed in a
manner so that the future use and intensity is appropriate and complies in terms
of soil, topographic, and other applicable physical considerations, is
complimentary to adjacent land uses, and fulfills remaining land use needs.
A. Physical Considerations - The property has previously been disturbed for
the purposes of future development, however that was .approximately 15
years ago and nature has reclaimed some of the land. A partial water and
sewer system and roads have been installed. The existing canals within
the development do not meet current SFWMD criteria and must be
reconfigured. The layout of the development takes into consideration
these physical conditions. A large slash pine stand is situated along the
west bank of the existing canal, which has not been addressed on the
sketch plan. The slash pine stand should be saved to the greatest extent
possible.
B. Complimentary with Adiacent Land Uses the proposal will be
complimentary with the adjacent residential uses to north, east, and
south, and is complimentary to Lake Ida Park located to the west.
C. Fulfills Remaininq Land Use Needs -the proposed development will
provide for middle income, owner occupied, single family homes which
will fulfill one of the remaining land use needs.
Conservation Policy B-2.1 The submission of a biological survey and a habitat
analysis shall accompany land use requests for plan amendments, rezonings,
and site plan approval. '-However, the requirement shall not apply to small
parcels, developed parcels, or where it is apparent that there are not such
resources.
Conservati6n Policy B-2.2 Whenever and wherever significant or sensitive flora
and fauna communities are identified pursuant to Policy B-2.1, they shall be
preserved as if they were environmentally sensitive areas as identified in
Objective B-1.
P&Z Staff Report
Rezoning from SAD to PRD for the Isles of Delray
Page 7
Conservation Policy B-2.5 - When ever new development or redevelopment is
proposed along a waterway, a canal, an environmentally sensitive area, or an area
identified via Policy B-2.1, an area equivalent to at least 10% of the total area of
the development shall be set aside in an undisturbed state or 25% of native
communities shall be retained pursuant to Treasure Coast Regional Planning
Commission Policy 10.2.2.2.
The above policies are applicable to this development proposal. A biological/tree
survey has not been submitted to date. Review of this information for compliance with
the above policies can be addressed with the master development plan.
Land Use Element Policy A-3.1 - Prior to recommending approval, of any land use
application which comes before it, the Local Planning Agency must make a
finding that the requested land use action is consistent with Objective A-3 which
states that the development of remaining land shall provide for the retention of
open space and natural resources, as provided for under Policy B-2.5 of the
Conservation Element and/or Policy B-1.4 of the Open Space and Recreation
Element.
Policy B-2.5 of the Conservation Element is discussed above. Policy B-1.4 of the
Open Space and Recreation Element states that new developments shall provide
central focal points at entries and landscape buffers along the external (arterial,
collectors) streets which service them. Back-lotting of individual homes along
such streets should be allowed only when special landscape buffers are provided
between the rear yard walls or fences and the right-of-way.
Thirty-three lots will back-up to Lake Ida Road. A 5' concrete wall, as well as a 10'
special landscape buffer is to be provided along Lake Ida Road. Back-lofting has been
avoided on the remainder of the property which has most of the parcels backing onto
water and other open areas. Thus, the intent of this policy has been met.
Compliance with Land Development Requlations: The proposed use is to be in
compliance with the Land Development Regulations. Items identified in the Land
Development Regulations shall specifically be addressed by the body taking final
action on a land development application/request.
The applicant has submitted a conceptual Master Development Plan. VVhile the
submitted plan is not being formally considered at this time, the following comments are
provided.
· Provision of sidewalks on both sides of the street will be required pursuant to
LDR Section 6.3.1.
· Relocation of the southeast cul-de-sac so that the right-of-way does not
encroach into the required 10' landscape setback.
P&2: Staff Report
Rezoning from SAD to PRD for the Isles of Delray
Page 8
· SFWM permits required for the reconfiguration of the canals and canal banks.
· Submission of a biological and tree survey.
· Internal adjustments for lot sizes and setbacks.
· Provision of docks adjacent to the boat ramps.
· Preservation of the Slash Pines to the greatest extent possible.
The rezoning is not in a geographic area requiring review by either the HPB (Historic
Preservation Board), DDA (Downtown Development Authority) or the CRA (Community
Redevelopment Agency).
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. A special certified notice has been sent to each of the property
owners of record.
Courtesy notices have been sent to:
· Lake Ida Homeowners Association
· Ye Little Wood Home Association
· PROD
· Rainberry Lakes Homeowners Association
· Rainberry Bay Homeowners Association
Letters of objection, if any, will be presented at the P & Z Board meeting.
The rezoning request from SAD to PRD for this property is consistent with the policies
of the Comprehensive Plan and Chapter 3 of the Land development Regulations. The
property is currently vacant, and has been for some time. The rezoning will allow the
construction of 160 conventionally sited homes which will be compatible with the
surrounding land uses, and fulfills remaining land use needs by providing moderate
income housing. A full Master Development Plan must be approved by the Board at a
future date.
P&Z Staff Report
Rezoning from SAD to PRD for the Isles of Delray
Page 9
A. Continue with direction.
B. Recommend rezoning of the rezoning request from SAD to PRD, based
on positive findings with respect to Section 2.4.5(D)(5) (rezoning
findings), Section 3.1.1, and the performance standards of Section 3.3.2.
C. Recommend denial of a rezoning request based on a failure to make
positive findings 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.
Recommend approval of the rezoning request from SAD (Special Activity District) to
PRD (Planned Residential District), based upon positive findings with respect to
Section 3.1.1 (Required Findings) and Section 3.3.2 (Standards for Rezoning Actions)
of the Land Development Regulations, policies of the Comprehensive Plan, and
Section 2.4.5(D)(5).
Attachments:
* Sketch Plan
* Survey
City of Delray Beach 12 Sep 95
Planning and Zoning Board
100 NW. 1st Avenue
Delray Beach, FL 33444
Subject: Public Notice #95-175
Dear Board Members:
We, the undersigned property owners adjacent to the Delray Lakes parcel acknowledge that
development of this parcel is desirable; however, we object to rez~oning to a classification that differs in
the extreme from the well-established developme/nt~cffi'~j~acent prope~~. We understand that this
heating is on tho zoning not the Delray Lakfls~aster pl~-t, but the master p~n is the motivation for the
zoning change from the existing SAD de~gnation. ~ens~ty is the at the root ~fthe re:zoning proposal at
this public hearing. The master plan sh~vs housin~ lots/that are h. al.f the s'm/.c/~f surrounding
development. The lot widths on the sit,plan are le~)iian the minimum/width for the lowest category
of single family residential zoning in th"e-cAty_ox~a.n~e. How can/w% maintain the value of the
highest-zoned property Delray has to offer with this kind"6f-juxtaposi{ion?
We are concerned that there is no indication of density for the PRD in the notice (#95-175) provided to
us. The density is typically established by a numeric suffix on the PRD designation. We object strongly
to an unrestricted or unspecified density in connection with a zoning change to PRD on the property.
We would support re-zoning to Conventional Single Family PRD - a category which would provide a
more gradual transition fi.om the R-1-AAA zoning of existing development to the north and east and
west. We support zoning that seeks compatibility and fosters harmony with the existing adjacent
neighborhood. The extent to which any new development meets these objectives of compatibility and
harmony should ensure the success of that development in this area.
Name Address Signature · Date Phone
Letter to Delray Beach Planning and Zoning Board 12 Sep 95 p.2
Name Address S i ,knatu re Date Phone
Letter to Delray Beach Planning and Zoning Board 12 Sep 95 p.3
Name . Address Signature Date Phone
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LEGAL VERIFICATION FORM
FILE #: 95-175
PROJECT NAME: DELRAY LAKES
LEGAL DESCRIPTION:
A portion of Section 8, Township 46 South, Range 43 East, Palm Beach County,
Florida more particularly described as follows:
Beginning at the Northwest corner of Lot 17, Block 3 of Lake Ida Manor Addition
No 2 as recorded in Plat Book 25 at Page 61 of the Public Records of said Palm
Beach County, Florida, then run S 00°13'52"E alon~l the West boundary of said
Lake Ida Manor Addition No 2 a distance of 254.38/feet to the northerly right-of-
way of Lake Ida Road then run N 89°51'08" W along said northerly r~ght-of-way
971.07j'feet then run N 00°11'43" E along said right-of-way 13.97/feet to the
southeast corner of Isles of Delray Section 2 as per the Amended Plat thereof as
recorded in Plat Book 71 at Page 58 thru 62 of the said public records of Palm
Beach County, Florida, then run N 89°50'57"W along said northerly right -of-way
236.61/feet to the point of curvature for a curve to the right, then run
northwesterly along said right-of-way curve having a radius of 1450.52 feet, thru
a cen!ral angle of 25~44'55'' for an arc ~distance of 651.86 feetJ !,,hen run N 64°
02'52' W along said right-of-way 96.43|feet then rup N60~ 54'30 W along said
right-of-way 17.84~feet then run S ,29°05'30"W 14.0~fe,,e,t then run N(~0°54'30"W
along said right-of-way 150.00 feetJthen run N 29~05'30 E 14.00 feet~/then run N
60~54'30'' W along said right-of-way 54.00 feet,)then run N 30' 04'37"E along the.
westerly boundary .o,,f said Isles of, Delray Section 2 a,,d, istance of 474.93 feet/
then run S 59'52'45 E 140.52 feet(then run S 6d 52'15 E 50.00 feet,~then run ,~
59°52'45"E 139.51 feet,~to the easterly boundary of said Isles of Delray Section
2, then run N 30~04'37"E along said easterly boundary 419.74/feet to the point
of curvature for a curve to the right, then run northeasterly along said curve
having a radius of 40.09 feet, thru a central angle of 60' 09'13" for an arc distance
of 42.09 feet to the point of curvature for a curve to the le~ then run
northeasterly along said curve having a radi~s of 25.00 feet thru a central angleI
of 90° 11'25" for an arc distance of 39.35 feetJthen run N od' 14' 06" E 295.93 feey
then run S 89°44'36"E along the south boundary of a 50 foot canal as per record
Plat of Lake Ida Shores according to the Plat thereof as recorded in Plat Book 25
at Page,54 of the said Public Records of Palm Beach County a distance of
1016.77~eet to the westerly boundary of a 80 foot canal, then run S 00015'59" E
along sdid westerly boundary as per s,a, id,,record Plat of Lake Ida Shores a
distance of 802.96 feet,Jthen run S 89°46 49 E along the South boundary of said
~' o , ,,
canal 40.00 feet,lthen run S 00 15 59 E along the westerly boundary of said
Lake Ida Shores a distance of 200.001feet then run S 89046'49" E along the
southerly boundary of said Lake Ida Shores a distance of 260.06 feet to the point/
of beginning containing 40.868 acres more or less. The subject site is located on
the north side of Lake Ida Road, east of 1-95.
SOURCE of Legal Description: SURVEY DATED 8-23-95
VERIFIED BY:~ DATE:
VERIFICATION REQUEST NEEDED BY: OCTOBER 20, 1995
LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND
READING:
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY:
LEGDLAKE