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04-94 BEACH A PUBLIC HEARING will be I~ei~l oll Published Daily ,:. P.M., (. a, any ~,in=~ - Monday through Sunday m,.~,, ~ .,~, ~. Boca-Raton, Pa~ Beach County, Florida ~ ,~ ~.w. ,~ A~, De~aY Beach,' palm Beach County, ~lorida ,~ ,,, ~ ~ ~. at ~ ~ice ~ ~e C~ Cl~k at STATE OF FLORIDA P.M., ~ay ~r~ Friday, ~c~t COUNT~ OF PALM BEACH ~, ~ ~,~ o~,~. Before the undersigned a~thority personally ~. o.~,.A.C~ o~ ..~ c,,~ co~ Ml~g OF THE CiTY OF DELRAY appoa~ed Micho~e Bernzweig, Marketing ~t~c~, ~[o~,~, ~o~,~o Services Man~gor of Tho News, daily news- E.TL, ZONED GC (GENERAL C~ERCIAL) DISTRICT, IN SAD papers published ~ Boca Raton in Palm (SPECIAL ACTIVITIES)DISTRICT, Beach County, Florida; that the attached ' ~.o LocA,~D sou,. o~ s.~. STREET BETWEEN THE FEC RAIL- copy of advertisement was published in said ~ENDINGROAD AND ~ONINGS'E' leT ~pAVENUEoF DEuAND AND AN EFFECTIVE DATE, .- . AN ORDINANCE OF THE CITY - MINION OF THE CITY OF DELRAY BEACH, FLORIDA, ZONINGAND P~CING ~ND PRESENTLY ZONED NC (NEIGHBORH~D MERCIAL) DISTRICT tN R-1AA (SINGLEF~ILY RESIDENTIAL) DISTRICT; SAiD ~ND BEI~ LG ~fiant further says that The News is a eouLEvA,D~ AND ~ONING ~P OF OELRAY BEACH, newspaper published in Boca Raton, in said FLORIDA, 1~; PROVIDING AI Palm Beach County, Florida, Monday T~E~VINGDATE.C~USE' AND AN EFFEC- ~ough 8undaT, and has beon ortho,od as second class matter at the post office in AN ORDINANCE OF THECITY CO~ Boca Raton, Pa~ Beach County, Florida, .EAt.. FLORIDA, MODIFYING THE C~UNI~ REDEVELOP. for a period of one year next preceding the MENT P~N FOR THE CITY OF ~2RAY BEACH, FLORIDA, IN iTS f~st publication of the attached copy of ENT'RETY; F'NDING THAT THE MODIFICATIO~ CONFORMS TO THE CO'UNITY REDEVELOP- advertisement; and affiant further says that MENT ACT OF 1~, AS ~ENDED; FINDING THAT THE ~D]FICA- he has neither paid nor promised any ~,0. ,s co.s,s,~., w,~. CITY OF DELRAY BEACH'S COM- person, f~m or corpoTation any discount, ~.EHENS,~E PLAN, AND FURTHER FINDINGS PURSUANT rebate, commission o~ refund for the put- TO' THE APPLI~BLE RE- QUIREMENETS OF FLORIDA STAT- poso of soou~ing ~hls adve~lsomen~ for pub- u,~s s~c..o. ,~.~{~.,~; VIDING A SAVING CLAUSE AND AN ~ to any ma.er ~s~der~ 8worn ~o and subse~lbod bofo~e mo ~his CITY OF DELRAY BEACH . ~ 'Ali~ MacGre~ Ha~ ~ THE NEWS ORDINANCE NO. 4-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) DISTRICT IN R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND BEING LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF N.E. 22ND STREET AND SEACREST BOULEVARD; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1993"; 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 September 14, 1993, as being zoned NC (Neighborhood Commercial); and WHEREAS, at its meeting of October 18, 1993, the Planning and Zoning Board for the City of Delray Beach initiated a rezoning of the property from NC (Neighborhood Commercial) District to R-1AA (Single Family Residential) District and directed staff to prepare an analysis of the rezoning; and ' WHEREAS, at its meeting of January 24, 1994, the Planning and Zoning Board, as Local Planning Agency, reviewed this item and voted unanimously 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 September 14, 1993, 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 September 14, 1993, be, and the same is hereby amended to reflect a zoning classification of R-1AA (Single Family Residential) District for the following described property: The East 110.00 feet of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4, lying within Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; TOGETHER WITH The West 107.00 feet of the East 217.00 feet of the- North 1/2 of the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4, lying within Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida;~ TOGETHER WITH The West 99.90 feet of the East 316.90 feet of the North 1/2 of the South 1/2 of the North 1/2 of the Southwest 1/4 of the Southwest 1/4, lying within Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; TOGETHER WITH The East 195.00 feet of the West 350.00 feet of the North 1/2 of the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4, less the North 30.00 feet, lying within Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; TOGETHER WITH The North 30.00 feet of the East 310.00 feet of the West 350.00 feet of the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4, lying within Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, as recorded in O.R. Book 1902, Page 1322, Palm Beach County, Florida. The subject property is located at the northeast corner of the intersection of N.E. 22nd Street and Seacrest Boulevard; containing a 2.08 acre parcel of land, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. - 2 - Ord. No. 4-94 Section 4. That should any section or provision 6f 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 ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 22nd day of February , 1994. ATTEST: First Reading February 8, 1994 Second Reading February 22, 1994 - 3 - Ord. No. 4-94 STREAM BOULEVARD ~.W. 25~ N.W. 2§TH ST. N.W. 24TH N.W. 24TH ST. ~"?-~ CF CF N MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'{ SUBJECT: AGENDA ITEM # /d) ~ - MEETING OF FEBRUARY 22, 1994 ORDINANCE No. 4-94 DATE: FEBRUARY 18, 1994 This is a public hearing of a City-initiated ordinance rezoning properties located east of Seacrest Boulevard, immediately south of and adjacent to Atlantic High School, from NC (Neighborhood Commercial) to R-1AA (Single Family Residential). The purpose of this rezoning is to apply the classification which is most appropriate for the existing uses (single family homes and adjacent vacant lots). At its meeting of September 20, 1993, the Planning and Zoning Board reviewed the LDR text amendment to the NC zone district regulations. A concern was raised with respect to the nonconforming status of the single family homes in this NC district, and the Board subsequently initiated the rezoning of these properties to a low density residen- tial classification. The rezoning analysis considered both R-1AA (Single Family Residential) and RL (Low Density Residential) zoning. Given the existing character of the development, staff recommended that R-1AA zoning be applied. A detailed staff report is attached. A public hearing was held by the Planning and Zoning Board on January 24, 1994, after which the Board recommended by 6-0 vote approval of the rezoning from NC to R-1AA. Recommend approval of Ordinance 4-94 on second and final reading. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # I~.~. - MEETING OF FEBRUARY 8 ' 1994 QRDINANCE No. 4-94 DATE: FEBRUARY 4, 1994 This is first reading of a City-initiated ordinance rezoning properties located east of Seacrest Boulevard, immediately south of and adjacent to Atlantic High School, from NC (Neighborhood Commercial) to R-l-AA (Single Family Residential). The purpose of this rezoning is to apply the classification which is most appropriate for the existing uses ( single family homes and adjacent vacant lots). At its meeting of September 20, !993, the Planning and Zoning Board reviewed the LDR text amendment to the NC zone district regulations. A concern was raised with respect to the non-conforming status of the single family homes in this NC district, and the Board subsequently initiated the rezoning of these properties to a low density residential classification. The rezoning analysis considered both R- 1AA ( Single Family Residential) and RL (Low Density Residential) zoning. Given the existing character of the development, staff recommended that R-1AA zoning be applied. A detailed staff report is attached. A public hearing was held by the Planning and Zoning Board on January 24, 1994, after which the Board recommended by 6-0 vote approval of the rezoning from NC to R-1AA. Recommend approval of Ordinance 4-94 on first reading. If passed, public hearing on February 22, 1994. CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DO~TNGUEZ ' \- ~_~ PRINCIPAL ~!~NNE~ ~) / SUBJECT: MEETING OF FEBRUARY 8, 1994 FIRST READING OF ORDINANCE NO. 4-94 - CITY INITIATED REZONING OF PROPERTIES LOCATED EAST OF SEACREST BOULEVA~ ~ I~ED IATELY SOUTH OF AND ~JACENT TO ATLANT I C H I ~H SCHOOL ~ FROM NC ( NE I ~HBORHOOD CO~ERCIAL) TO R-i-~ (SINGLE F~ILY RESIDENTIAL). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance rezoning 2.08 acres of land from NC to R-l-AA. The purpose of this City initiated rezoning is to apply the zoning classification which is most appropriate for the existing uses (single family homes and adjacent vacant lots). The affected properties are generally located east of Seacrest Boulevard, immediately south of and adjacent to Atlantic High School (N.E. 22nd Lane). BACKGROUND: At its meeting of September 20, 1993, the Planning and Zoning Board reviewed an LDR text amendment to the NC zone district regulations. During the Board's review of the amendment, a concern was raised by an owner of one of the subject properties with respect to the non-conforming status of the single family homes in the NC district. Subsequently, the Board initiated the rezoning of these properties from NC to a iow density residential classification. The rezoning involves 5 lots totaling 2.08 acres. The properties in question include: two (2) single family homes; two (2) vacant lots; and an access road. The access road which is owned by Palm Beach County, is referred to as N.E. 22nd Lane, however, it consists of a 30' wide access tract rather than dedicated right-of-way. The access tract only goes as far as the east end of the westernmost lot. It is not known if a private easement exists over the 3 easternmost lots to provide legal access. City Commission Documenation Meeting of February 8, 1994 First Reading of Ordinance No. 4-94 - Rezoning Property From NC To R-l-AA (Immediately south of Atlantic High School) Page 2 The rezoning analysis considered both the R-i-AA (Single Family Residential) zoning designation, which could accommodate up to 5 units, and the RL (Low Density Residential) zoning designation, which could accommodate up to 10 units. Given the existing character of the development and the substandard access to the properties, staff recommended that the R-l-AA zoning designation be applied to the properties. A complete analysis of the rezoning is found in the attached Planning and Zoning Board Staff Report. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of January 24, 1994, the Planning and Zoning Board held a public hearing in conjunction with review of the of the rezoning to either R-l-AA (Single Family Residential) or RL (Low Density Residential). The same owner who had addressed the Board previously on this issue spoke in favor of the R-l-AA zoning for his property. The Board voted (6-0) to recommend approval of the rezoning from NC (Neighborhood Commercial) to R-l-AA. RECOMMENDED ACTION: By motion, approve Ordinance No. 4-94 on First Reading, with the public hearing to be held on February 22nd. Attachment: * P&Z Board Staff Report & Documentation of January 24, 1994 * Copy of Ordinance No. 4-94 Y:CCNE22ND.DOC , EANNING ANP ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT--- MEETING DATE: January 24, 1994 AGENDA ITEM: IV.C. ITEM: Change of Zoning from NC (Neighborhood Commercial) to RL (l:owiDen~ity/EesideaCia[)~i. or R-1AA (Single Family Residential) GENERAL DATA: Owners ................... Helen C. Collins (Parcels A & B) H. O. and Marion Wilson (Parcel C) R. G. and Patricia M. Cooper (Parcel D) Palm Beach County (Parcel E) Applicant ................ City initiated rezoning Location ................. East side of Seacrest Boulevard, north of NE 22nd Street, immediately south of and adjacent to Atlantic High School. Property Size ............ 2.08 Acres City Land Use Plan ....... Transitional Existing City Zoning ..... NC (Neighborhood Commercial) Proposed City Zoning ..... R-l-AA (Single Family Residential) or RL (Low Density Residential) Adjacent Zoning...North: CF (Community Facilities) East: R-l-AA South: RL and NC West: NC Existing Land Use ........ Two existing single family homes, two vacant lots and an access tract. Proposed Land Use ........ Same as above. (Corrective Rezonlng to either R-l-AA or RL) IV.C. ITEM BEFORE THE BOARD ~ The item before the Board is that of making a recommendation to the City Commission on a City initiated rezoning from NC (Neighborhood Commercial) to R-i-AA (Single Family Residential) or RL (Low Density Residential). The affected properties are generally located immediately south of and adjacent to Atlantic High School, along N.E. 22nd Lane, and contain approximately 2.08 acres. 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 the rezoning of any property within the City. BACKGROUND: On June 28, 1988, the subject properties were annexed into the City with the R-i-AA (Single Family Residential) zoning designation, pursuant to the City of Delray Beach Enclave Act (Enclave #5) via Ordinance No. 35-88. Zoning under Palm Beach County zoning was RS (Single Family Residential). At the time that the properties were annexed, consideration was given to applying the NC or RL zoning classification. The basis for the R-I-AA zoning was that the properties did not have a legal means of access and therefore, it was more appropriate to apply a zoning designation that would permit development which would generate a minimal number of vehicle trips. With the adoption of the City's Comprehensive Plan in 1989, the land use designations of the properties were changed from Commercial, in part (2 westernmost lots), and Single Family, in part (3 easternmost lots) to Transitional. With the Citywide Rezoning of October 1, 1990, the properties were rezoned to NC (Neighborhood Commercial), which is the current zoning designation. As an analysis of the rezoning was not made, it is assumed that the NC zoning designation was applied in error. At its meeting of October 18, 1993, the Planning and Zoning Board reviewed an LDR text amendment to the NC zone district regulations. During the Board's review of the amendment, a concern was raised by an owner of one of the subject properties with respect to the non-conforming status of the single family homes in the NC district. Subsequently, the Board initiated the rezoning of these properties from NC to a low density residential classification. P&Z Board Staff Report Rezoning from NC to R-l-AA or RL Page 2 PROJECT DESCRIPTION: The rezoning involves 5 lots totaling 2.08 acres. The properties in question include: two (2) single family homes; two (2) vacant lots; and an access road. The access road which is owned by Palm Beach County, is referred to as N.E. 22nd Lane, however, it consists of a 30' wide access tract rather than dedicated right-of-way. The access tract only goes as far as the east end of the westernmost lot. It is not known if a private easement exists over the 3 easternmost lots to provide legal access. COMPREHENSIVE PLAN ANALYSIS : Pursuant to Land Development Regulations Section 3.1. i(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 properties have a Transitional Land Use Map designation and are currently zoned NC (Neighborhood Commercial). The proposed zoning of either R-l-AA (Single Family Residential) or RL (Low Density Residential) is consistent with the Transitional Land Use Map designation. ZONING ANALYSIS : 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 Rezoning 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 a stable residential area be denied. (Housing Element A-2.4) The properties are not located within an area designated as a stable residential area, therefore, this standard does not apply. However, the rezoning will reduce commercial zoning which encroaches into a residential neighborhood (east and south). P&Z Board Staff ~eport Rezoning from NC to R-i-AA or RL Page 3 (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 property is zoned CF (Community Facilities) (Atlantic High School); south is zoned NC and RL (Delray Dance Conservatory, Jessie's Beauty Salon & a single family home); west is zoned NC (Seacrest Discount Beverage, Damo's Take-Out & Grand Rental Station); and east is zoned R-l-AA (single family residence). The rezoning to either R-l-AA or RL will be consistent and compatible with the surrounding land uses and should not create any adverse impacts. Section 2.4.5(D)(5) (Rezoninq Flndinqs): Pursuant to Section 2.4.5(D)(§) (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 [ref. 2.4.5(D)(2)]~ 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 reasons for which the rezoning is being sought is based upon Items "a" and "c". With respect to Item "a", in 1988, the properties were annexed into the City with a R-l-AA zoning designation. Subsequent to the annexation, the properties were rezoned from R-l-AA to NC with the Citywide rezoning of 1990. As the properties remained in their current condition since their annexation and circumstances particular to the properties did not change prior to the Citywide rezoning, it appears appropriate to make a finding that the NC zoning was established in error. With respect to Item "c", the single family homes are a less intense use than those that are allowed under the Transitional Land Use Map designation. Either the R-l-AA or RL zoning is more appropriate for the properties based upon the existing uses and the fact that the lots have substandard access, as well as, their proximity to the residences to the south and east. P&Z Board Staff ~eport Rezoning from NC to R-l-AA or RL Page 4 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS The following is a breakdown of the existing lot dimensions and the required minimum lot dimensions under the R-l-AA and RL zone district development standards. Existing Lot Dimensions: (West to East) Lot A Lot B Lot C Lot D Lot Width 195' 99.9' 107' 110' Lot Depth 141' 171' 171' 171' Lot Size (sq.ft.) 27,495 17,083 18,297 18,810 Standard Lot Dimensions: R-l-AA RL *R-lA Minimum Lot Width - 75' 60' 60' Minimum Lot Depth - 100' 100' 100' Minimum Lot Size - 9,500 s.f. 8,000 s.f. 7,500 s.f. * Within the RL zone district, the provisions of the R-1-A district apply for single family detached dwellings. R-i-AA (Single Family Residential): Under the R-l-AA scenario, there is the potential for a maximum of 5 single family homes to be located along 22nd Lane, if the westernmost lot is subdivided. RL (Low Density Residential): Under the RL scenario, there is the potential for a maximum of 10 units to be accommodated on the subject properties. The westernmost lot is large enough to be subdivided into two (2) or three (3) separate lots that could accommodate duplexes, however, the location of the existing single family home would preclude a subdivision into 3 three lots, unless the house were removed. Under the RL development standards, the existing single family homes could be converted to duplexes. As surveys of the developed lots (single family homes) are not available, it is difficult to determine the development potential with respect to compliance with the Land Development Regulations i.e. building setbacks, parking, landscaping, etc. However, based upon the available information, it is reasonable to expect that 10 units could be developed under the RL zoning. This would generate twice as many vehicle trips per day as would the single family dwellings. Based upon the above and the substandard access to the properties, it appears that it is more appropriate to rezone the property to R-l-AA. P&Z Board Staff ~eport Rezoning from NC to R-l-AA or RL Page 5 REVIEW BY OTHERS : Community Redevelopment Agency At its meeting of January 13, 1994, the Community Redevelopment Agency reviewed the proposed rezoning and had no objections. Special Courtesy Notice Special courtesy notices were provided to the following organizations: Del-Ida Park Homeowner's Association Dell Park Homeowner's Association Lake Ida Homeowner's Association Northeast Neighborhood Citizen Group. Public Notice Formal public notice has been provided to property owners within a 500 ft. radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT: The Rezoning of these properties 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 NC zoning was established in error and that the R-l-AA zoning is more appropriate given the existing character of the development and the substandard access to the properties. ALTERNATIVE ACTIONS : 1. Continue with direction and concurrence. 2. Recommend approval of the rezoning from NC to R-l-AA based upon positive findings with respect to Section 3.3.2 (Standards for Rezoning Actions) and Section 2.4.5(D)(5) (Rezoning Findings) . 3. Recommend approval of the rezoning from NC to RL based upon positive findings with respect to Section 3.3.2 (Standards for Rezoning Actions) and Section 2.4.5(D)(5) (Rezoning Findings) . 4. Recommend denial of the rezoning from NC to R-l-AA or RL with the basis stated. P&Z Board Staff aeport Rezoning from NC to R-I-AA or RL Page 6 RECOMMENDATION : Recommend to the City Commission approval of the rezoning from NC to R-l-AA based upon positive findings with respect to Section 3.3.2 (Standards for Rezoning Actions) and Section 2.4.5(D)(5)(a) (Rezoning Findings). Attachments: * Zoning/Location Map JC/Y~PZ22NDLN.DOC AV~. GULF STREAM BOULEVARD N.W. CT, GUI N.W. 25TH ST. N.W. 24TH N.W. 24TH ST. ~?~o°~ CF N CF PINE RIDGE R '. ~i N.£. 19TH STREET