26-94 FAILED ON FIRST READING - JUNE 7, 1994
ORDINANCE NO. 26-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-l-AAA (SINGLE FAMILY RESIDENTIAL)
DISTRICT IN THE R-l-AB (SINGLE FAMILY RESIDENTIAL)
DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF
N.W. 8TH AVENUE, BETWEEN ELDORADO LANE AND GARDENIA
TERRACE; 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 R-l-AAA (Single Family Residential)
District; and
WHEREAS, at its meeting of May 16, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item and voted unanimously to recommend that the
proposed change in zone district not be adopted; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the change is not inconsistent with the
Comprehensive Plan, 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 R-l-AB (Single Family
Residential) District for the following described property:
Lot 8, less the North 20 feet, Block 3, LAKE IDA
SHORES, as recorded in Plat Book 25, Page 54, of the
Public Records of Palm Beach County, Florida.
The subject property is located on the west side of
N.W. 8th Avenue, between Eldorado Lane and Gardenia
Terrace; containing 10,200 sq.ft., more or less.
FAILED ON FIRST READING - JUNE 7, 1994
FAILED ON FIRST READING - JUNE 7, 1994
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conflict herewith be, and the same are hereby repealed.
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 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 day of , 1994.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 26-94
FAILED ON FIRST READING - JUNE 7, 1994
OS
.lORE DRIVE
.W.
SAD
~JNSHINE
LAK IDA ROAD
I
R-1-A C
N.W. SRD TERR.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE R~'1
SUBJECT: AGENDA ITEM # /~ - MEETING OF JUNE 7, 1994
FIRST READING FOR ORDINANCE NO. 26-94/REZONING A PORTION
OF LOT 8 OF LAKE IDA SHORES
DATE: JUNE 1, 1994
This is first reading for Ordinance No. 26-94 which rezones a
portion of Lot 8, Block 3, Lake Ida Shores, from R-l-AAA (Single
Family Residential) to R-l-AB (Single Family Residential) District.
The subject property is located on the west side of N.W. 8th
Avenue, between Eldorado Lane and Gardenia Terrace.
The Lake Ida Shores plat, recorded in 1957, contains lots with 80
ft. to 100 ft. frontages. It appears that the R-l-AAA zoning
classification was applied to this subdivision shortly thereafter.
In 1981, the north 20 feet of Lot 8 was deeded to Lot 7 (by
recorded warranty deed), although dedication in this manner was not
a legal method of subdivision. The resulting 60' substandard Lot 8
is an unbuildable lot under the current zoning district.
The R-l-AAA zone district requires a minimum lot size of 12,500
sq.ft., with a minimum frontage requirement of 100 feet. The
R-l-AB district requires a minimum lot size of 7,500 sq.ft., with
minimum frontage of 60 feet. If rezoned as requested, the property
would meet the minimum frontage and depth requirements of the
R-l-AB district and would become a buildable lot. The attached
staff report provides a detailed analysis of the rezoning request.
The Planning and Zoning Board formally reviewed this item at public
hearing on May 20, 1994, and forwarded it to the Commission with a
unanimous recommendation for denial, based upon the request being
inconsistent with policies of the Comprehensive Plan, specifically
Land Use Element Objective A-l, Housing Element, Policy C-2.4 and
Policy A-1.4; upon a failure to meet requirements of LDR Section
3.3.2; and upon a failure to provide a valid reason for the
rezoning as required by Section 2.4.5(D) (5).
In addition to the objections listed by Planning and Zoning, in my
opinion approval of this request would constitute obvious spot
zoning, and would be invalid.
Recommend denial of Ordinance No. 26-94 on first reading.
ref:agmemol0 ~ O7~ ~~ ~
ORDINANCE NO. 26-94
AN-ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-l-AAA (SINGLE FAMILY RESIDENTIAL)
DISTRICT IN THE R-l-AB (SINGLE FAMILY RESIDENTIAL)
DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF
N.W. 8TH AVENUE, BETWEEN ELDORADO LANE AND GARDENIA
TERRACE; 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 R-l-AAA (Single Family Residential)
District; and
WHEREAS, at its meeting of May 16, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item and voted unanimously to recommend that the
proposed change in zone district not be adopted; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the change is not inconsistent with the
Comprehensive Plan, 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 R-l-AB (Single Family
Residential) District for the following described property:
Lot 8, less the North 20 feet, Block 3, LAKE IDA
SHORES, as recorded in Plat Book 25, Page 54, of the
Public Records of Palm Beach County, Florida.
The subject property is located on the west side of
N.W. 8th Avenue, between Eldorado Lane and Gardenia
Terrace; containing 10,200 sq.ft., 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.
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 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 day of , 1994.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 26-94
OS
DRIVE
N, Wo
SAD
SUNSHINE DRIVE
LAK IDA ROAD
R-1-A C
N.W. 3RD TERR.
CITY COMMISSION DOCUMENTATION
TO: ~~Y MANAGER~'~
THRU: DIANE DOM INGUEZ ,VDIREC~OR~
DE~ENT~LANNIN~AND ~NING
SUBJECT: MEETING OF JUNE 7, 1994
FIRST READING OF AN ORDINANCE REZONING A PORTION OF
LOT 8 OF LAKE IDA SHORES LOCATED ON THE WEST SIDE OF
N.W. 8TH AVENUE SOUTH OF GARDENIA TERRACE FROM R1-AAA
TO R- 1-AB.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
aDproval on first reading of a rezoning ordinance for a
portion of Lot 8 of Lake Ida Shores plat from R-l-AAA to
R-i-AB. The property is located on the west side of N.W.
8th Avenue just south of Gardenia Terrace.
BACKGROUND:
The Lake Ida Shores plat, containing lots with 80' to 100'
frontages, was recorded on June 25, 1957. The R-l-AAA zoning
district (created by ordinance G-234 March 26, 1956) appears to
have been applied soon after.
On August 27, 1981, 20' of Lot 8 was deeded to Lot 7 through a
metes and bounds description (warranty deed recorded in Plat
Book 3602 page 1158). Dedication by this method was not a legal
method of subdivision after the adoption of the subdivision
ordinance in November, 1977. The resulting 60' substandard Lot
8 is an unbuildable lot under the current zoning district.
In 1991, inquiries were made with respect to the potential to
build on the remaining portion of Lot 8. The applicant was
informed that Lot 8 no longer met the minimum lot frontage or
size required in the R-i-AAA zoning district (60' versus 100'
frontage and 10,200 sq.ft, versus 12,500 sq.ft.). The applicant
sought a variance to the minimum lot size and frontage from the
Board of Adjustments on June 6, 1991 (petition #868) and again
on November 4, 1993 (petition #878). In each instance the Board
of Adjustments denied the variance request based upon failure to
show a hardship which was not self imposed. The applicant is now
requesting a rezoning of the remaining portion of Lot 8 to
R-l-AB. The property would meet the minimum frontage and depth
requirements of the R-l-AB district, and would therefore become
a buildable lot.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at a
public hearing on May 20, 1994. One letter of objection was
received from the abutting property owner [Lot 7] (copy
attached). Five members of the public spoke in opposition to
the request, citing devaluation of property and the potential
for incompatible development. After taking public testimony the
Board recommended denial on a unanimous 7-0 vote. The
recommendation of denial was based on the request being
inconsistent with policies of the Comprehensive Plan, more
particularly, Land Use Element Objective A-1 , Housing Element,
Policy C-2.4 and Policy A-1.4. In addition the Board found that
the request failed to meet the required findings of
compatibility under LDR Section 3.3.2, and valid reasons under
LDR Section 2.4.5 (D)(5).
RECOMMENDED ACTION:
By motion, deny Ordinance 26-94 on first reading based upon the
request being inconsistent with policies of the Comprehensive
Plan, more particularly, Land Use Element Objective A-1 ,
Housing Element, Policy C-2.4 and Policy A-1.4 and upon a
failure to meet requirements of LDR Section 3.3.2. and upon a
failure to provide a valid reason for the rezoning as required
by Section 2.4.5 (D)(5).
Attachment:
* Planning and Zoning Board Staff report
* Objection letter
y:lakesh/pd
iNNING AND ZONING BOARD
¢ OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE: MAY 16, 1994
AGENDA ITEM: V.B.
ITEM: REZONING OF A PORTION OF LOT 8, BLOCK 3, OF LAKE IDA SHORES
FROM R-l-AAA TO R-I-AB
GENERAL DATA:
Owner .................... Network Financial, Inc.
Applicant ................ David Zedeck, Esq.
Location ................. West side of NW 8th Avenue, south of
Lake Shore Drive.
Property Size ............ 10,200 Square Feet
City Land Use Plan ....... Low Density Residential
City Zoning .............. R-I-AAA (Single Family Residential)
Proposed Zoning .......... R-I-A-B (Single Famlly Residential)
Adjacent Zoning...North: R-I-AAA
East: R-l-AA (Single Family Residential)
South: R-l-AAA
West: SAD (Special Activities District)
Existin~ Land Use ........ Vacant
Proposed Land Use ........ Rezoning to R-1-A-B from R-I-AAA to
a!lcw the construction of a sln~!e
family residence.
Water Service ............ Existing 8" water main in NW 8th
Avenue.
Sewer Service ............ Existing 8" water main in NW 8th
Avenue. V ~1.~' ·
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation
on a rezoning of a portion of Lot 8 of Lake Ida Shores from
R-l-AAA (Single Family Residential) to R-i-AB (Single Family
Residential).
The property is vacant and located on the west side of N.W. 8th
Avenue between Eldarado Lane and Gardenia Terrace. The partial
lot would meet minimum lot dimensions under the proposed zoning
designation thereby making it a bulldable lot.
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:
The Lake Ida Shores plat, containing lots with 80' to 100'
frontages, was recorded on June 25, 1957. The R-i-AAA zoning
district (created by ordinance G-234 March 26, 1956) appears to
have been applied soon after. A review of zoning maps from
1966 to the present confirms the application of the R-l-AAA
designation. Copies of zoning maps prior to March 1, 1966, were
not available.
On August 27, 1981, 20' of Lot 8 was deeded to Lot 7 through a
metes and bounds description (warranty deed recorded in Plat
Book 3602 page 1158). Dedication by this method was not a legal
method of subdivision after the adoption of the subdivision
ordinance in November, 1977. The resulting 60' substandard Lot
8 is an unbuildable lot under the current zoning district.
In 1991, inquiries were made with respect to the potential to
build on the portion of Lot 8. The applicant was informed that
Lot 8 no longer met the minimum lot frontage or size of the
R-l-AAA zoning district (60' versus 100' frontage and 10,200
sq.ft, versus 12,500 sq.ft.). The applicant sought a variance
to the minimum lot size and frontage from the Board of
Adjustments on June 6, 1991 (petition #868) and again on
November 4, 1993 (petition %878). In each instance the Board of
Adjustments denied the variance request based upon failure to
show a hardship which was not self imposed.
PROJECT DESCRIPTION:
The rezoning request involves a change in zoning for a portion
of one residential lot having a frontage of 60' and a depth of
170'. Under. the current zoning the lot is unbuildable as it
does not meet the minimum lot size and frontage required for
P & Z Staff Report for May 16, 1994
Rezoning Lot 8 of Lake Ida Shores
Page 2
development. The minimum lot size and frontage requirements
would be met under the proposed R-l-AB zoning district which has
minimum frontage and lot size of 60' and 7,500 sq.ft.
respectively.
ZONING ANALYSIS:
The.subject parcels are currently zoned R-I-AAA (Single Family)
and the requested change is to R1-AB. The surrounding zoning is
R1-AA (Single Family) to the west, R-l-AAA to the south and
north, and SAD (Special Activities District) to the west. The
existing uses are residential homes to the north, south and
east, and vacant (former Isles of Delray SAD) to the west.
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 =o
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 parcel has a land use designation of Low Density
Residential. Both the existing and proposed zoning
districts are single family zoning districts, which are
deemed to be compatible with the Low Density Residential
Land Use Designations (Table L-6 Land Use Designation
Zoning Matrix).
The rezoning request is to acco_mm_odate a proposal to build
a single family home to meet the minimum requirements of
the R-l-AB district. A single family home is allowed under
the R-i-AB zoning 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.
The stated purpose of the rezoning is to accommodate a single
family home. Water, sewer, solid waste, drainage, and parks and
recreation have been accessed or accommodated in the overall
subdivision development.
P & Z Staff Report for May 16, 1994 '
Rezoning Lot 8 of Lake Ida Shores
Page 3
Pursuant to Section 2.4.5(D) with all rezoning requests, traffic
information is required, which addresses the development of the
property under reasonable intensity pursuant to the existing
zoning and the proposed zoning. As the proposed zoning district
will allOw the same use and will generate no additional trips,
the requirement for a traffic study has been waived.
Consistency: Compliance with the performance standards set
forth in Section 3.3.2 (Standards for Rezoning Actions) along
with the required findings in Section 2.4.5 (D)(5) (Bezoning
Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in making of a
finding of overall consistency.
Comprehensive Plan policies~
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
objectives and policies are noted:
Land Uss Elementt Ob~ective A-l: 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.
Housing Element~ Policy C-2.4: Development of remaining vacant
properties which are zoned for residential purposes shall be
developed in a manner which is consistent with adjacent
development regardless of zoning designation. These policies
shall be implemented through the review process associated with
platting and site plan and shall be effective immediately.
The rezoning would allow development of a smaller single
family home on a smaller lot. The properties to the north
and south have been developed under the R-l-AAA district
regulations and to the east under R1-AA district
regulations. The development under the proposed zoning
district would not be complimentary to the prevailing
subdivision development (see discussion under Section 3.3.2
of the staff report for further analysis).
Housing Element~ Policy A-1.4: That these neighborhoods be
identified as "stable residential" on the housing map, that the
most restrictive residential zoning district which is applicable
is affixed on the zoning map, and that requests for rezoning tc
a different zone designation, other than Community Facilities be
denied.
P & Z Staff Report for May 16, 1994
Rezoning Lot 8 of Lake Ida Shores
Page 4
The subject parcel is located within a stable neighborhood
as indicated on the residential neighborhood categorization
map. The rezonlng request is to a designation other than
CF (Community Facilities) and the requested zoning Is less
restrictive- then the existing zoning, thus, consistency
with this policy is not met.
· 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
areas shall be denied.
This standard, which is included in the LDRs,
incorporates Housing Element policies A-1.4 and A-2.4
of the Comprehensive Plan and is addressed above.
D) That the rezoning shall result in allowing land uses which
are deemed compatible with adjacent and nearby land use
both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
While the allowed use (single family home) would be
similar to that allowed under the existing zoning the
R-l-AB zoning district has smaller lot sizes,
frontages and smaller minimum home sizes, which would
not be compatible with the prevailing residential
development.
The following comparison of development regulations
under the existing R-l-AAA (north and south) R-1AA
(west) and the proposed zoning district (R-i-AB)
empathizes the difference between the districts.
Min Actual Lot Lot Min
Lot Lot Size Width & Depth Floor
Size Frontage Area
R-l-AA 9,500 11,000 75' 100' 1,500
R-l-AAA 12,500 13,600 100' 110' 2,200
R-l-AB 7,500 10,200, 60' 110' 1,500
· Proposed partial lot 8
Setbacks Side Front Rear
R-i-AAA 12' 35' 12'
P & Z Staff Report for May 16, 1994 .
Rezoning Lot 8 of Lake Ida Shores
Page 5
LDR COMPLIANCE:
Section 2.4.5(D)(5) (Rezoninq Flndinqs):
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 ~ntensity 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 which states
that reasons (b) & (c) apply because of the following:
"The change in circumstances which makes the current zoning
inappropriate, is that some time prior to the applicants
obtaining title to the property, the prior owner deeded the
north 20 feet of the property to the adjoining neighbor.
The adjoining neighbor has not used said property, and has
received the benefit of the entire Lot 8 area by obtaining
ownership of the mere fraction of the property. Upon
looking at the property from the road, it would not be
possible to determine that this lot was in fact 10,200
square feet instead of 12,000 square feet as required in
the existing zoning, to wit: R-1AAA. Therefore, the
construction of a single family residence would be
consistent with the neighborhood development as a whole.
The requested zoning is of similar intensity as allowed
under the Future Land Use Map for the City of Delray Beach,
and it is more appropriate for the property based upon
circumstances particular to the site and entire
neighborhood. The proposed use is that of a single family
two-story residence, which would be similar in square
footage, as well as overall appearance as the residences
surrounding the subject property. At the current time,
the subject property has been denied all use by the City of
De!ray Beach, a fact which has been confirmed by the
Director of Planning for the City. To deny any rezoning
would perpetuate a tremendous burden upon the property
owner to pay taxes and maintain the property, while at the
P & Z Staff Report for May 16, 1994
Rezoning Lot 8 of Lake Ida Shores
Page 6
same time denying any use except for open space. The
property was never intended under the land use provisions
of the City of Delray Beach to be open space, nor is it a
desirable alternative since the property has water
frontage, and in fact may create an attractive nuisance in
its current vacant state. A zoning change to R-l-AB would
benefit the City of Delray Beach and the immediate
community, since it would allow the property to be utilized
according to its highest and best use as intended under the
land use plan".
The change in circumstances i.e. sale of a portion of the lot by
the previous owner by metes and bounds to the owner of Lot 7,
occurred in 1981 (pursuant to documents submitted by the
applicant). As subdivision of this nature required platting the
parcel was illegally subdivided. A plat showing the subdivision
would have been denied as the resulting Lot 8 does not meet
minimum frontage or square footage requirements of the zoning
district. The previous owner's illegal subdivision of the
property is not a valid reason for rezoning.
The second reason cited was that the requested zoning is of
similar intensity as allowed under the Future Land Use Map, and
that it is more aDDropriate for the property based upon
circumstances particular to the site and/or neighborhood. While
the requested zoning may be of similar intensity it is not more
appropriate than the existing zoning under which the balance of
the subdivision has been constructed.
REVIEW BY OTHERS:
The parcel is not within the area which requires review by the
Community Redevelopment Agency, or the Historic Preservation
Board.
Neighborhood Notice:
Property owners within 500 feet of the subject properties have
received notice of the Public Hearing. In addition, the
following organizations have received courtesy notices of the
rezoning petition:
Charlotte Lees Pres of Lake Ida Homeowners Assoc.
Dave Henninger of Lake Ida Homeowners Association
Jack Sergio of Lake Ida Homeowners Association
ASSESSMENT AND CONCLUSIONS:
The proposed rezoning is being sought to allow development of
the subs%an~ard parcel with a single family home. The proposed
zoning designation would allow development of a smaller home
P & Z Staff Report for May 16, 1994
Rezoning Lot 8 of Lake Ida Shores
Page 7
(1,500 sq.ft, minimum versus 2,200 sq.ft.) on a smaller lot
(10,200 sq.ft, versus 12,500 sq.ft.) and allow reduced setbacks
(25' versus 35' front), (7 1/2' versus 12' side), and 10' versus
12' rear).
The resulting single family home and lot would not be consistent
with the existing single family development. This
inconsistency, along with failure to provide a valid reason for
the rezoning, and conflicts with the Comprehensive Plan policies
in the Housing and Land Use Elements, provides substantial
reason to deny the rezoning.
A L T E R N A T I V E S:
A. Continue with direction.
B. Recommend denial of the rezoning request based upon a
failure to make a positive finding with respect to Section
2.4.5(D)(5) (Valid Reasons for Rezoning), Section 3.3.2.
(A) & (D) (Standards for Rezoning) and policies of the
Comprehensive Plan.
C. Recommend approval of the rezoning request based upon
positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, Section
3.3.2, Section 2.4.5 (D) (5) and policies of the
Comprehensive Plan.
STAFF RECOMMENDATION:
Recommend denial of the rezoning request based upon a
failure to make a positive finding with respect to Section
2.4.5(D)(5) (Valid Reasons for Rezontng), Section 3.3.2.
(A)&(D)( Standards for Rezoning) and policies of the
Comprehensive Plan.
Report prepared by: Paul Dorling, Principal Planner
F
-lORE DRIVE
SAD =~ _
SUN.lINE DR1vI[
LAK IDA
RIA ·
CF
~%Q~' 602 NW 8th Ave.,
y Delray Beach,
City of Delray Beach, Fla 33444
Planning & Zoning Board, '
City Hall,
Delray Beach, Phone: 407-276-2384
Fla. 33444.
Mon. May 9th 1994
Dear Sirs:
Re Public Hearing on zoning of
Lot 8 (less N. 20 feet), Blk 3,
Lake Ida Shores, Plat Book 25,
Page 54.
Due to business commitments I regret I will be unable to attend the
May 16 hearing on proposals to rezone the above lot from R-l-AAA to
R-l-AB. However, I would like to make strenuous objections to any
rezoning proposal and would appreciate this letter being read and
entered into the records of the meeting.
Network Financial Corp., owners of the property in question, have been
trying for years to have Lot 8 rezoned because, frankly, it is unsuitable
as a home site. Over the years, existing zoning restrictions have forced
home buyers and builders to encroach on the original platting to meet
lot-frontage requirements. Lack of pre-planning by developers resulted
in this tiny lot being isolated in the middle of an area of fine homes.
To exempt this lot from the very zoning restrictions that created this
showcase neighborhood would be to the detriment of the subdivision and
the city. If we are to making zoning exemptions so that one developer can
build on one inferior lot, we would be making a mockery of the very same
zoning laws that are designed to protect homeowners and enhance the city.
The developer has already indicated to me that he wants to build a
two-story home on the lot - solely because it is too narrow for a
conventional home. Twelve years ago I had to purchase extra footage so that
my home would meet zoning regulations. Are we now going to change the rules
and penalize me for this? The skyscraper mentality that would put a two-stor~
house on Lot 8 would result in an incongruous eyesore in our neighborhood,
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would lower property values in the area, and would affect the tax base
of the city.
Our neighborhood does not need any more homes - and our street does
not have room for any more homes. Future development of our area and
our city should be along already established guidelines. Careful
attention to the planning of Delray Beach is what has made our municipality
beautiful and won it the honor or being named an All-American City. Now
that Delray has come so far, why break the rules to line the pockets of
developers who will eventually move on and leave us with a legacy detrimental
to our area?
I have called Delray Beach home for 21 years and am proud of my city.
I would not like to see it spoiled by one over-zealous developer.
Thank you for your consideration.
Yours sincerely,
(Malcolm Hayes)