66-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL)
DISTRICT AND RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT
IN THE OS (OPEN SPACE) DISTRICT; SAID LAND BEING
LOCATED WEST OF HOMEWOOD BOULEVARD ON THE SOUTH SIDE
OF ATLANTIC AVENUE WITHIN THE HAMLET DEVELOPMENT; 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-1-A (Single Family Residential) District, in
part, and RM (Medium Density Residential) District, in part; and
WHEREAS, at its meeting of AugUst 15, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item and voted 5 to 0 to recommend approval of the
rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ 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 OS (Open Space) District
for the following described property:
Eleven (11) parcels of land located in Section 13,
Township 46 South, Range 42 East, and in Section 24,
Township 46 South, Range 42 East, more particularly
described as follows:
Tract "L", The Plat of THE ESTATES, as recorded in
Plat Book 38, Page 61, of the Public Records of Palm
Beach County, Florida;
TOGETHER WITH Tract "A", The Plat of THE ESTATES II,
as recorded in Plat Book 39, Page 97, of the Public
Records of Palm Beach County, Florida;
TOGETHER WITH'Tract "B", The Plat of THE ESTATES II,
as recorded in Plat Book 39, Page 97, of the Public
Records of Palm Beach County, Florida;
TOGETHER WITH Tract "Y", The Plat of THE ESTATES III,
as recorded in Plat Book 40, Page 64, of the Public
Records of Palm Beach County, Florida;
TOGETHER WITH Tract "Z", The Plat of THE ESTATES III,
as recorded in Plat Book 40, Page 64, of the Public
Records of Palm Beach County, Florida;
TOGETHER WITH Tract "Y", The Plat of THE ESTATES IV,
as recorded in Plat Book 47, Page 76, of the Public
Records of Palm Beach County, Florida;
TOGETHER WITH Tract "A", The Plat of LAKEWOODE -
SECTION I, as recorded in Plat Book 33, Page 103, of
the Public Records of Palm Beach County, Florida;
TOGETHER WITH Tract "C", The Plat of LAKEWOODE -
SECTION I, as recorded in Plat Book 33, Page 103, of
the Public Records of Palm Beach County, Florida;
TOGETHER WITH Tract "A", The Plat of LAKEWOODE -
SECTION II, as recorded in Plat Book 33, Page 105, of
the Public Records of Palm Beach County, Florida;
TOGETHER WITH Tract "C", The Plat of LAKEWOODE -
SECTION II, as recorded in Plat Book 33, Page 105, of
the Public Records of Palm Beach County, Florida;
TOGETHER WITH Tract "C", The Plat of EVERGREENE, as
recorded in Plat Book 33, Page 150, of the Public
Records of Palm Beach County, Florida.
The subject property is located west of Homewood
Boulevard on the south side of Atlantic Avenue within
The Hamlet development; containing 22.11 acres, more
or less.
~ That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
- 2 - Ord. No. 66-94
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 27th day of Septe~er , 1994.
ATTEST:
~ityc~rk !
First Reading September 13, 1994
Second Reading Septe~er 27~ 1994
- 3 - Ord. No. 66-94
I
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
66-94/CORRECTIVE REZONINGS AT THE HAMLET
DATE: SEPTEMBER 22, 1994
This is second reading and public hearing for Ordinance No. 66-94
which rezones eleven (11) parcels within The Hamlet from R-1-A
(Single Family Residential) District and RM (Medium Density
Residential) District to OS (Open Space) District. They consist of
water retention and open space areas associated with several
subdivisions in the development.
When the Comprehensive Plan was adopted in 1989, these parcels were
designated for Recreation and Open Space on the Future Land Use
Map. The zoning, however, was never changed to bring them into
compliance with the land use designation. This rezoning is a
corrective action to achieve consistency between zoning and land
use.
The Planning and Zoning Board considered this item on August 15,
1994, and recommended approval by a vote of 5 to 0. At first
reading on September 13, 1994, the Commission passed the ordinance
by unanimous vote.
Recommend approval of Ordinance No. 66-94 on second and final
reading.
ref:agmemol3
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
ROM: CITY ' AGER
SUBJECT: AGENDA ITEM # /2 H - MEETING OF SEPTEMBER 13, 1994
ORDINANCE NO. 66-94
DATE: SEPTEMBER 9, 1994
This is first reading of an ordinance rezoning eleven parcels
located in the Hamlet Golf and Country Club; ten from R-1-A
(Single Family Residential) to OS (Open Space), and one from RM
(Medium Density Residential) to OS.
With the adoption of the Comprehensive Plan in 1989, these
parcels were designated as Recreation and Open Space on the
Future Land Use Map (FLUM). However, the zoning on these parcels
was not changed to bring them into compliance with the FLUM
designation. The proposed rezoning is a corrective action to
achieve consistency between the zoning and FLUM designations.
The Planning and Zoning Board considered this item at its meeting
of August 15, 1994, and recommended approval 5-0.
Recommend approval of Ordinance No. 66-94 on first reading. If
passed, second reading on September 27, 1994.
5-0
CITY COMMI SS I ON DOCUMENTAT I ON
TO: DAVID T. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 13, 1994
CORRECTIVE REZONINGS FROM R-1-A AND RM TO OS FOR
ELEVEN DRAINAGE OR RECREATION TRACTS LOCATED IN THE
HAMLET GOLF AND COUNTRY CLUB WITH A TOTAL AREA OF
22.11 ACRES.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the commission is the approval on first
reading of the rezoning request for several parcels located in
the group of subdivisions known as the Hamlet from R-1-A to OS
and one parcel from RM to OS.
BACKGROUND:
Prior to 1989, the subject parcels were assigned the residential
zoning districts and Future Land Use Map designations applied to
the surrounding residential developments. With the adoption of
the Comprehensive Plan in 1989, these parcels were designated as
Recreation and Open Space on the FLUM to prevent the conversion
of these areas into buildable lots. However, the zoning on the
subject parcels has not been changed to bring the zoning into
compliance with the FLUM designation. These inconsistencies
were identified during review of the recent rezonings of golf
courses to OSR. The proposed rezoning is a corrective action to
achieve consistency between the zoning and FLUM designations.
The following parcels are affected:
Parcel Acreaqe
The Estates III, Tract "Y" 0.95
Evergreene, Tract "C" 3.56
Lakewoode, Sec, II, Tract "C" 1.09
Lakewoode, Sec. I, Tract "C" 1.45
The Estates, Tract "L" 4.21
The Estates II, Tract "A" 2.10
The Estates II, Tract "B" 2.12
The Estates III, Tract "Z" 1.74
Lakewoode, Sec, I, Tract "A" 3.20
Lakewoode, Sec, II, Tract "A" 0.99
The Estates IV, Tract "Y" 0.70
22.11
City Commission Documentation
Hamlet Rezonings to OS
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its
meeting of August 15, 1994 and unanimously recommended approval.
There was no public comment regarding this item.
RECOMMENDED ACTION:
Approve on first reading the rezoning requests for the following
parcels from R-1-A to OS:
* The Estates III, Tract "Y"
* Evergreene, Tract "C"
* Lakewoode, Sec, II, Tract "C"
* Lakewoode, Sec. I, Tract "C"
* The Estates, Tract "L"
* The Estates II, Tract "A"
* The Estates II, Tract "B"
* The Estates III, Tract "Z"
* Lakewoode, Sec, I, Tract "A"
* Lakewoode, Sec, II, Tract "A"
and for the following parcel from RM to OS:
* The Estates IV, Tract "Y."
Attachment:
* P&Z Staff Report
PLANNING & ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE: August 15, 1994
AGENDA ITEM: V.B,
ITEM: Rezoming from R-1-A (Single Family Residential) & RH (Hedium Density Residential)
to OS (Open Space) for Several Parcels Within the Hamlet Development.
GENERAL DATA:
Owner .................... Hamlet Golf and Tennis Club, Inc.
Agent .................... David Harden, City Manager
City of Delra¥ Beach
Location ................. On the south side of Atlantic
Avenue, between Barw~ck Road and
Homewood Boulevard.
Property Size ............ 22.1! Acres
City Land Use Plan ....... Open Space and Recreation
City Zoning .............. R-lA (Slngle Famll¥ Resldentlal), and
RM (Multiple Family Residential -
Medium Density)
Proposed Zoning .......... OS (Open Space)
Adjacent Zoning .......... R-lA (Single Family Resident~al), OS,
and RM
Existing Land Use ........ Water retention and open space parcels
associated with several subdivisions
within the Hamlet residential
development.
Proposed Improvements .... None. Corrective rezonlng from R-I-A
for 11 parcels.
Water Service ............ N/A
Sewer Service ............ N/A V.B.
ITEM BEFORE THE BOARD:
The action before the Board is making a recommendation on
corrective rezonings from R-1-A and RM to OS for eleven drainage
or recreation tracts located in the group of subdivisions that
make up the Hamlet Golf and Country Club. The subject
properties were dedicated to the Hamlet Golf and Tennis Club,
Inc. via the various plats in the development. The parcels have
a total area of 22.11 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.
BACKGROUND:
Prior to 1989, the subject parcels were included in the
residential zoning districts and Future Land Use Map
designations which were applied to the surrounding residential
developments. With the adoption of the Comprehensive Plan in
1989, these parcels were designated as Recreation and Open Space
on the FLUM to prevent any possible conversion of these areas
into additional buildable lots. However, the zoning on the
subject parcels has not been changed to bring the zoning into
compliance with the FLUM designation. These inconsistencies
were identified during review of the recent rezonings of golf
courses to OSR. The proposed rezoning is a corrective action to
achieve consistency between the zoning and FLUM designations.
The following parcels are affected:
Parcel Acreage
The Estates III, Tract "Y" 0.95
Evergreene, Tract "C" 3.56
Lakewoode, Sec, II, Tract "C" 1.09
Lakewoode, Sec. I, Tract "C" 1.45
The Estates, Tract "L" 4.21
The Estates II, Tract "A" 2.10
The Estates II, Tract "B" 2.12
The Estates III, Tract "Z" 1.74
Lakewoode, Sec, I, Tract "A" 3.20
Lakewoode, Sec, II, Tract "A" 0.99
The Estates IV, Tract "Y" 0.70
22.11
ZONING ANALYSIS:
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
P&Z Staff Report
Corrective Rezoning from R-1-A and RM to OS for the Hamlet
Page 2
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
properties is Recreation and Open Space. The proposed
zoning changes are from R-1-A (Single Family Residential)
and RM (Multiple Family Residential - Medium Density) to
OS. The proposed zoning designation of OS would-bring the
zoning of the parcels into compliance with the current
Future Land Use designation. The existing uses of the
parcels (drainage retention and passive recreation) are
permitted uses in the proposed OS 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.
As the sites are vacant and no development is proposed, no
demand for services or facilities will be generated by this
action.
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.
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following was found:
Open Space Policy B-2.3: The Open Space (OS) Zone District of
the Land Development Regulations shall be applied to "Open
Space" and "Conservation" parcels.
The subject parcels are dedicated as open space areas via
the related subdivision plats. Thus, OS is the appropriate
zoning district for these parcels.
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 shall be denied.
P&Z Staff Report
Corrective Rezoning from R-1-A and RM to OS for the Hamlet
Page 3
The subject parcels are located in a stable residential
area and the proposed rezoning is not to CF. However, the
proposed rezoning is corrective in nature and achieves
required consistency with the FLUM designation. The OS
zone district is more restrictive than either the current
residential districts or the CF district. Thus, the intent
of this standard is met.
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.
The proposed zoning of OS reflects the current uses of the
subject properties as drainage retention areas and open
space. The OS zoning will help to preserve these areas
which are compatible with the surrounding residential
areas.
Section 2.4.5(D)(5) (Rezoning Ftndings)l
Pursuant to Section 2.4.$(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.
The applicable reason is "a," pursuant to the following:
The subject parcels were assigned a FLUM designation of
Recreation and Open Space in 1989 to prevent any potential
development. The parcels should have been zoned to the
consistent zoning designation of OS with the Citywide
rezoning that followed the adoption of the LDRs. The
current action will correct the oversight.
LDR Compliance:
There are no existing or proposed structures on the parcels.
Pursuant to LDR Section 4.4.22(F), the standards for development
and permitted uses in the OS district will be established
P&Z Staff Report
Corrective Rezoning from R-1-A and RM to OS for the Hamlet
Page 4
through the site and development plan. As there is no proposed
Site and Development Plan for the subject parcels LDR compliance
is not applicable to the subject parcels.
REVIEW BY OTHERS:
The rezonings are 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 the property owner of record.
Additionally courtesy notices have been sent to the following
people and groups:
* George Roland, Greensward Village;
* Helen Coopersmith, PROD;
* Rudolph Lldsky, Hamlet Residents Association;
* Albert Haeberle, Sherwood Forest HOA;
* Paul Shaffer, Sherwood Park; and
* Richard Eckerle, Woodlake.
The above people have requested to be notified of petitions near
their developments. Letters of objection, if any, will be
presented at the P & Z Board meeting.
ASSESSMENT AND CONCLUSION:
The subject parcels are currently in open space use. The intent
of the 1989 designation of the parcels as Open Space on the FLUM
was that they remain in that use. The proposed rezoning will
further that intent. The parcels retained their residential
zoning designation error with the adoption of the LDRs in 1990.
The parcels should have been rezoned to OS at that time to
achieve required consistency between FLUM and zoning
designations. This rezoning will bring about the required
consistency. The proposed rezoning will not diminish the
compatibility of the site with surrounding properties. All
required positive findings can be made. Therefore, a corrective
rezoning of these parcels is appropriate.
ALTERNATIVE ACTIONS:
A. Continue with direction.
P&Z Staff Report
Corrective Rezoning from R-1-A and RM to OS for the Hamlet
Page 5
B. Recommend rezontng of the subject parcels from R-1-A
and RM to OS, based on positive findings.
C. Deny rezonings of the subject parcels from R-1-A
and RM to OS, based on a failure to make positive
findings.
STAFF RECOMMENDATION:
Recommend approval of the rezoning requests for the following
parcels from R-1-A to OS:
* The Estates III, Tract "Y"
* Evergreene, Tract "C"
* Lakewoode, Sec, II, Tract "C"
* Lakewoode, Sec. I, Tract "C"
* The Estates, Tract "L"
* The Estates II, Tract "A"
* The Estates II, Tract "B"
* The Estates III, Tract "Z"
* Lakewoode, Sec, I, Tract "A"
* Lakewoode, Sec, II, Tract "A"
and for the following parcel from RM to OS:
* The Estates IV, Tract "Y"
based upon positive findings with respect to Section 3.1.1
(Required Findings), Section 3.2.2 (Performance Standards),
Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development
Regulations, and policies of the Comprehensive Plan.
Attachment:
* Location Map
Report prepared by: Jeff Perkinst Planner
Reviewed by DD on: ~//