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82-95 ORDINANCE NO. 82-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED AT THE SOUTHEAST CORNER OF S.W. 10TH STREET AND S.W. 7TH AVENUE, IMMEDIATELY WEST OF AND ADJACENT TO PINE GROVE ELEMENTARY SCHOOL, 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 RM (Medium Density Residential) District; and WHEREAS, at its meeting of November 20, 1995, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at public hearing 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 B~ THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: $~ction 1.. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for the following described property: Block A, RIDGEWOOD HEIGHTS (including the abandoned alleyways lying within said Block A), as recorded in Plat Book 14, Page 44, of the Public Records of Palm Beach County, Florida, and the West Half (W 1/2) of the abandoned right-of-way of S.W. 6th Avenue lying east of and adjacent to Lot 1, and Lots 22 thru 31, Block A, RIDGEWOOD HEIGHTS. The subject property is located at the southeast corner of S.W. loth Street and S.W. 7th Avenue, immediately west of and adjacent .to Pine Grove Elementary School; containing 5.03 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 1 hereof. ~_~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ~_~ 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 9th day of January , 1996. ATTEST: - City-Cl~rk First Reading December 5~ 1995 Second Reading January 9, 1996 - 2 - Ord. No. 82-95 S.w. 7TH ST. 8~ S.W. S.W. 9TH ST, OSR I IIIII. IIIIIII l~.l.,, ,~' S.W. 9TH pTH ST. CF CF " ~ II POC ELLA ST. RM N PINE GROVE ELEMENTARY SCHOOL .,.~.,.,, ,,.,,,.,,,.,E., REZONING CITY Of' O~t. RAY BEACH. FL. 01C~I',41. 045E M4P 5'Y~I'C~ -- MEMORAND~ TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM ~ /0. 8' - MEETING OF JANUARY 9, 1996 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 82-95 (REZONING PROPERTY ADJACENT TO PINE GROVE ELEMENTARY SCHOOL DATE: JANUARY 5, 1996 This is second reading and public hearing for Ordinance No. 82-95 which rezones a 5.03 acre vacant parcel of land from RM (Medium Density Residential) District to CF (Community Facilities) District. The subject property is located at the southeast corner of S.W. 10th Street and S.W. 7th Avenue, immediately west of and adjacent to the Pine Grove Elementary School site. The purpose of the rezoning is to accommodate an expansion of the school for recreational facilities and playground equipment. The Planning and Zoning Board considered this item at public hearing on November 20, 1995 and voted 6-0 to recommend that the rezoning be approved. At first reading December 5, 1995 the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 82-95 on second and final reading. MEMORANDUM TO: YOR AND CIT COMMISSIONERS SUBJECT: AGENDA ITEM # I~"~ - MEETIN¢ OF DECEMBER 5. 1995 FIRST READING FOR ORDINANCE NO. 82-95 (REZONING ~ROPERTY ADJACENT TO PINE GROVE ELEMENTARY SCHOOL~ DATE: NOVEMBER 30, 1995 This is first reading for Ordinance No. 82-95 which rezones a 5.03 acre vacant parcel of land from RM (Medium Density Residential) District to CF (Community Facilities) District. The subject property is located at the southeast corner of S.W. 10th Street and S.W. 7th Avenue, immediately west of and adjacent to the Pine Grove Elementary School site. The purpose of the rezoning is to accommodate an expansion of- the school for recreational facilities and playground equipment. The Planning and Zoning Board considered this item at public hearing on November 20, 1995, and voted 6 to 0 to recommend that the rezoning be approved, based on 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 LDR Section 2.4.5(D)(5). Recommend approval of Ordinance No. 82-95 on first reading. If passed, a public hearing will be held on January 2, 1996. ref:agmemo8 CITY COMMISSION DOCUMENTATION TO: DAVII~T. HARDEN, CITY MANAGER THRU: DIA~~R DEPARTMENT OF PI.~NNING~,AND ZONING FROM: JA~!~ET-MEEKS, SENIOR PLANNER SUBJECT: MEETING OF OCTOBER 10, 1995 REZONING FROM RM (MULTIPLE FAMILY RESIDENTIAL) TO CF (COMMUNITY FACILITIES) FOR BLOCK A, LOTS 1-31 OF THE RIDGEWOOD HEIGHTS SUBDIVISION. 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 RM (Multiple Family Residential) to CF (Community Facilities) for Pine Grove Elementary School. The subject property is located south of S.W. 10th Street, on the east side of S.W. 7th Avenue, and contains approximately 5.03 acres. BACKGROUND: Currently, the subject property is vacant and involves all of Block A of the Ridgewood Heights subdivision. The property is owned by Palm Beach County School Board. The rezoning is being sought to accommodate an expansion to Pine Grove Elementary School for recreational facilities and playground equipment. Additional background and analysis of the request can be found in the attached Planning and Zoning Board Staff Report. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of November 20, 1995, the Planning and Zoning Board held a public hearing for the rezoning request. There was no public testimony in opposition to the request. The board voted 6-0 to recommend that the request be approved. City Commission Documentation Rezoning from RM to CF for Pine Grove Elementary School Page 2. RECOMMENDED ACTION: By motion, approve on first reading the ordinance rezoning Block A, Lots 1-31 of the Ridgewood Heights subdivision from RM (Multiple Family Residential) to CF (Community Facilities), and setting a public hearing date of January 2, 1995. Attachments: · P&Z Staff Report and Documentation of November 20, 1995 · Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: November 20, 1995 AGENDA ITEM: V.A. ITEM: Rezoning from RM to CF for the establishment a public park associated with an existing elementary school, located at the southeast corner of SW 10th Street and SW 7th Avenue. ; ,f11111111111'1,~1 IIIIIIIIIII1,[ I I I I I I l, I"1 IIIIIIIIIIIII IIIIIIIIIII1"|1 I I I I I J.~l~,, S.~. IOTH ST. -,.,m.~,~, ~ t l-rll IIII !.1[ 1.1.!!!.! t-., ,.,., ,: ..,.,:.,,, GENERAL DATA: Owner ........................................ School Board of Palm Beach County Agent ...................................... ~.. Jan C. Hansen, AICP Location ..................................... Southeast corner of SW 10th street and SW 7th Avenue. Property Size ............................. 5.03 Acres : Future Land Use Map ................ Medium Density Residential Current Zoning .......................... RM (Medium Density Residential) Proposed Zoning ....................... CF (Community Facilities) Adjacent Zoning ............... North: R-I-A (Single Family Residential) East: CF South: R-I~A West: R-I-A Existing Land Use .................... Vacant. Proposed Land Use ................... Rezoning from RM to CF to accommodate the establishment of a 5 acre public park with associated recreation buildings adjacent to the existing 10 acre elementary school site. Water Service ............................ Existing 6" water main in SW 10th Street. Existing 8" water main in SW 7th Avenue. Existing 8" water main stub out in abandoned SW 6th Avenue right-of-way. Sewer Service ........................... Existing 8" sanitary sewer main in SW 10th Street. Existing 8" sanitary sewer main in SW 7th Avenue. The action before the Board is making a recommendation on a rezoning request from RM (Medium Density Residential) to CF (Community Facilities) for Pine Grove School. The subject property is located south of S.W. 10th, on the east side of S.W. 7th Avenue and contains approximately 5.03 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. A Conditional Use to allow the expansion of Pine Grove Elementary School is being processed concurrently with the Rezoning and is discussed in a separate Staff Report. ii~:~:-~:~;: :::.'.':::.~:::::.': ~.: ~::~ :.'.': .~: i:~. ~ ~:::~.:::~:::::: ~:: ~:::.7.~ .~ :~ :::::::: :.'.' .'.'::: :~-'::: .'.': ::: ::-'::::.' :.':: ::::::::::: ::~ ~: .'.': :::: :::: :::: :::::::::::-':: :~:i :::::::: :::::--'-:-:-:::: :. :::::: :..'-.'. :::-:i:. :. :.~--'-:.:::-:~ :-:::.'.'-:. :.:i~:~-:--'. ::-' :~:':--~: ~:: ~:~ ~ .-:~ ::.-::.:~:~'.:.-'~ ~ .~ ~: ~::~ :.':: ~.'.-' .:'~ ~ .~!~ ~;~:~.~ ::::": "-~ ~:-~:"~ ':~ ~' '~- ~'~:'~': ~ ::::~.~:~.:~,-:~:~ The subject property, consists of all of Block A, Lots 1-31 of the Ridgewood Heights -~bdivision, which was platted in 1925. In 1982, the subject property received a change in' zoning from R-lA (Single Family Residential) to SAD (Special Activity District), Conditional Use and Site Plan approval to allow a multiple family development consisting of 40 units known as Pine Forest. Subsequent to that action, the City Commission in 1983 approved an abandonment of a north/south and east/west alley and a portion of S.W. 6th Avenue (between SW 10th Street and SW 11th Street) to allow for a unified development. The site plan has since expired and the project was never built. In 1990, with the Citywide rezoning and adoption of the Land Development Regulations, the zoning was changed from SAD to RM (Multiple Family Residential). The Palm Beach County School Board has since purchased the property and wishes to construct a playground and recreational facilities for Pine Grove Elementary School. The development proposal is to rezone a vacant parcel of land from RM to CF. The rezoning is being requested by the Palm Beach County School Board to accommodate an expansion to the Pine Grove Elementary School for a playground and recreational facilities. The City of Delray Beach has entered into an Interlocal agreement with the School Board for participation in the development of the parcel which in return will allow public use of these facilities. The accompanying sketch plan indicates that the project will be built in two phases. Phase one will consist of the construction of a ball field, and playground equipment. Phase II will consist of a parking lot, two basketball courts, pedestrian pathway, and restroom facilities. P&Z Staff Report Rezoning from RM to CF for Pine Grove School Page 2 I I 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 following four areas. Future Land Use Map: The use or structures must be 'allowed in the zoning district and the zoning district must be consistent with the land use designation. The current Future Land Use Map designation for the subject property is Medium Density Residential. The requested zoning change is from RM to CF. The proposed zoning designation of CF is consistent with the Medium Density Residential Future Land Use Map designation. Pursuant to LDR Section 4.4.21(D)(2) Schools and its ~cessory uses are allowed as a ConditiOnal Use in the CF zone District. 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: A traffic impact study was not submitted with the request. The current RM zoning designation generally permits multiple family dwellings at a maximum density of 12 units per acre. The Palm Beach County Traffic Performance Standard Ordinance establishes traffic generation rates of 7 ADT per unit for a multiple-family unit. Development of the site with RM zoning and a density of 12 units per acre (60 units) would generate 420 ADT. The development of recreational facilities as an accessory use to the school will not generate any new trips. Thus, a potential for a reduction in 420 ADT could result from the proposed rezoning. Water and Sewer: Preliminary engineering plans were not submitted with the application. However, water and sewer service is available to the site via existing 8" mains located in SW 7th Avenue. The addition of one restroom facility will create little or no impact on meeting this level of service. Parks and Recreation: Parks and Recreation dedications do not apply to non-residential developments. P&Z Staff Report Rezoning from RM to CF for Pine Grove School Page 2, Solid Waste: Solid Waste Authority does not object to projects which generate less than 10 tons of solid waste per year. As the generation rate for a playground area is negligible there will be minimal impact on this level of service. 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: 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. Parcels adjacent to and near the subject parcel are primarily residential. The rezoning will allow the expansion of the school, which has not experienced any compatibility problems to date. Comprehensive Plan policies support investment and physical improvements to the older schools to help stabilize the surrounding neighborhoods. The addition of the recreational facilities should have a positive affect on the adjacent properties by allowing the residents access to recreational facilities within their own neighborhood. Section 2.4.5(D)(5) (Rezonincl Findincls): 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. 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. P&Z Staff Report Rezoning from RM to CF for Pine Grove School Page 4 The applicant submitted a justification statement as a part of the rezoning application. The statement indicates that the applicable reason is "c". The justification statement is summarized below:. The subject property was zoned for residential development. Prior to the School Board acquiring the property, this was an appropriate category. However, the growth of Pine Grove Elementary both in population and facility, necbssitated the acquisition of adjacent property to expand the campus. The use of the subject property will be playground and park facilities for use by the public, therefor a classification to a public category (CF) is more appropriate at this time. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies and objectives were found. Housing Element Policy B-2.5: Policy B-2.5 states: that the future of the three active public schools (Spady, Pine grove, and Carver) which are located in "rehabilitation areas" are vital to the future of the associated neighborhoods. The Palm Beach County School District must provide investment in physical improvements and staffing and curriculum in order to have these facilities be assets to the neighborhoods. To these ends the Land Use Element shall design.ate these sites as being restricted only for public purposes, and the Intergovernmental Coordination Element shall establish a specific program of interaction with the School District on this matter. Land Use Element Objective D: Objective D states: To enhance the role of schools in their neighborhoods and have the school facility aid in the goals and objectives of other elements which are directed toward the stabilization and revitalization of neighborhoods. Pine Grove Elementary School is located in a rehabilitation area. The expansion of the school will provide an investment in physical improvements upon the land, and provide recreational opportunities that will be an asset for the adjacent neighborhoods. Thus, the above policy and objective 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 sketch plan. While the submitted sketch plan is not being formally considered at this time, the following comments are provided. P&Z Staff Report Rezoning from RM to CF for Pine Grove School Page 5 LDR Section 4.3.4(K) Development Standards Matrix: Sufficient information was not provided on the sketch plan to fully address all of these standards. However, it appears that proposal will meet or exceed all requirements of this section. LDR Section 4.4.21(H) CF District Special Regulations: When this district (CF) is adjacent to residential zoning, the perimeter landscape area should be 15'; or, as an alternative, either a wall, decorative fencing, or hedging should be installed for aesthetic and buffering purposes. Residential properties are located along the north, south, and western boundary of the project, and a 15' landscape buffer is proposed. LDR Section 4.6.9 Parking: The proposed recreational facilities are considered an accessory use to the school and do not require additional parking per code. The sketch plan does however, provide for a parking lot with 12 parking spaces taking access from SW 7th Avenue. This parking ,,~ea would be available for public use. LDR Section 6.1.3 Sidewalks: Currently sidewalks exist along SW 4th Avenue and SW 10th Street. A sidewalk does not exist along SW 7th Avenue or SW 11th Street. Pursuant to LDR Section 6.1.3 sidewalks will be required along both of these right-of-ways with the development of this site. It would be appropriate to install the sidewalk along SW 7th Avenue with the construction of the parking lot with Phase II improvements. A waiver of the sidewalk requirement along SW 11th Street would be appropriate as SW 11th Street dead-ends at the school property and no houses exist along the south side of the street. This item can further be addressed with the approval of the site plan. LDR Section 4.6.16 Landscaping: No landscape plan has been submitted at this time. The submission of a landscape plan meeting all requirements of Section 4.6.16 will be required with the site and development plan submission. 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). P&Z Staff Report Rezoning from RM to CF for Pine Grove School Page 6 Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. A courtesy notice was sent to: I~ Rosemont Homeowners Association Letters of objection, if any, will be presented at the P & Z Board meeting. The proposed rezoning of the subject property to CF accommodates an expansion to the existing school for recreational purposes benefEing both the school and the general public. The improvements to the school may help to stabilize the surrounding neighborhoods which is a goal outlined in the Comprehensive Plan. All required public facilities and services are available to serve the proposed development. The CF ,~ning district is consistent with the Medium Density Residential FLUM designation. Required 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 can be made, Based on the above, the proposed rezoning for the School Board property to CF is recommended for approval. A. Continue with direction. B. Recommend rezoning of the subject property from RM to CF, 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, based on a failure to make positive findings. Recommend approval of the rezoning request for Block A, Lots 1-31 of the Ridgewood Heights subdivision from RM (Multiple Family Residential) to CF (Community Facilities), 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: El Sketch Plan iA PUb.lC.HEARiNG Mfl ~ ~ C~ ~, ~ N.W. ~ ~ ~ MDINANCE ~ THE CiTY ~CH, FL~I~, C~I~ THE F~RE ~NO USE MP ~SiGN~ T~ FRM T~NStTiONA~ TO ~ ~EffC(~ AND RE- ,lNG FR~ ~ (~NNED OF- F;CE CENTER~ DISTRfCT ~NERAL ~RCtAL} TRI~, F~ A PARCEL ~ ~N~ ~TED AT THE ~NER ~ LINT~ ~LEVARD ~D C~GRESS A~NUE AS THE ~ IS ~E PARTICU~R~Y ~RI~ED HEREIN. E~ECTtNG ~ PR~EED UNDER THE SI~E ~RING ~1~ ~E~S ~ ~L ~E ~ND USE ~N MEN~ENTS; AND MNDING ~ING WP ~ ~L- ~Y B~CH, FLORID~ ~; PR~ Y~ING A GENERAL ~USE, A ~VING C~USE. AND AN O~DINA#CE OF THE CITY C~ I~ISSIO~ OF THE Ct~ ~ ~LRAY ~, FL~I~ REZ~ING AND ~1~ ~ND PRESENTLY ED ~ (MDIUM ~NSITY I~NTtAL~ DISTRI~ IN THE ~ (~UNI~ FACIL~IES) DI~ ~1~; ~ID ~ND BEING ~T, ED AT THE ~THEAST ~NER M S.W, ~TH STREET AND S.W. ~H A~NUE; (~EDtATELY WEST ~D ADJACENT TO PINE GROVE .E~ENTARY ~ ~ · ARTICU~RLY ~KRIBED HEREIN; AND MENDING ~ONING MP ~ DELRAY ~CH, F~ORS. ~ ~; ~ROV~DING A GENERAL ~LER ~USE, A ~VING ~USE, ~ND AN EFFECTIVE ~TE, ~ MDJNANCE ~ Y~E CITY C~ MINION OF THE CITY ~ DELRAY ~ACH, FL~IDA, ~E~D;NG SEC- TI~ ~3, ~HE SITE P~N RE. YJ~ AND AP~A~E ~CTI~ ~ ~HE HISTORIC ~E~RVATI~ ~R~ AND SEC- TI~ ~.~. ~ND~PE REGU~- ~PLIANCE ~D RE,rEP', OF THE ~ND ~VELOPMENT ~EGU- ~TI~S ~ THE CI~ ~ ~LRAY ~CH, ~Y W)GNtMG THE AU- T~tTY TO GRANT WAIVERS TO ~N~PE RE~TIOM5 TO ~E SITE P~N REVI~ AND AP. ~KE ~RD AND THE ~R~R~ATE; ~OV)DING A MNE~L RE~LER C~USE, MVJNG C~USE, AND AM EFFEC- T~ ~TE. ~m ~ ~ ~ ~i~y ~ ~L~AY BEAC~