Loading...
67-94 ORDINANCE NO. 67-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND KNOWN AS LAKE IDA PARK, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM CF (COMMUNITY FACILITIES) DISTRICT TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING LOCATED ON THE NORTH SIDE OF LAKE IDA ROAD, BETWEEN INTERSTATE-95 AND LAKE IDA; 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 CF (Community Facilities) District; 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: 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 OSR (Open Space and Recreation) District for the following described property: That part of Section 8, Township 46 South, Range 43 East, lying east of Interstate-95 right-of-way, north of Lake Ida Road, west of Lake Ida and the E-4 Canal, and south of Lateral 30, LWDD Canal (extended); known as Lake Ida Park. The subject property is located on the north side of Lake Ida Road, between Interstate-95 and Lake Ida; containing 46.51 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 ! hereof. ~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 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 September , 1994. ATTEST: City ~/lerk ~ First Reading September 13, 1994 Second Reading September 27, 1994 - 2 - Ord. No. 67-94 LAK[ IDA M~MORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # /O ~ - MEETING OF SEPTEMBER 27. 1994 SECOND READING AND PUBLIC HEARING FQR ORDINANCE NO, §7-94/LAKE IDA PARK REZONING DATE: SEPTEMBER 22, 1994 This is second reading and public hearing for Ordinance No. 67-94 which rezones Lake Ida Park from CF (Community Facilities) District to OCR (Open Space and Recreation) District. The subject property is located on the north side of Lake Ida Road, between Interstate-95 and Lake Ida. It contains 46.51 acres. On June 21, 1994, the Commission considered rezoning Lake Ida Park from CF to OS (Open Space) District. At the request of Palm Beach County, the zoning change to OS was denied based on the County's stated intent to provide active recreation facilities at this site which would not be allowed under OS zoning. Concurrently, the Commission initiated rezoning of Lake Ida Park to the newly created OSR (Open Space and Recreation) District which does accommodate more active uses. 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. 67-94 on second and final reading. ref:agmemol4 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'~I SUBJECT: AGENDA ITEM # /~ F - MEETING OF SEPTEMBER 13, 1994 ORDINANCE NO. 67-94 DATE: SEPTEMBER 9, 1994 This is first reading of an ordinance rezoning Lake Ida Park from CF (Community Facilities) to OSR (Open Space and Recreation) District. The subject property is located on the north side of Lake Ida Road, between Interstate-95 and Lake Ida. It contains 46.51 acres. On June 21, 1994, the Commission considered rezoning Lake Ida Park from CF to OS (Open Space) District. At the request of Palm Beach County, the zoning change to OS was denied based on the County's stated intent to provide active recreation facilities which would not be allowed under OS zoning. Concurrently, the Commission initiated rezoning of Lake Ida Park to the newly created OSR (Open Space and Recreation) District which does accommodate more active uses. The Planning and Zoning Board reviewed this item at its meeting of August 15, 1994, and recommended approval by a vote of 5 to 0. Recommend approval of Ordinance No. 67-94 on first reading. If passed, second reading on September 27, 1994. CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER D I~ANE~ ~DOMI NGU~, < THRU: DIRECTOR OF PL~NNI7~ & ZONING FROM: PLANNER SUBJECT: MEETING OF SEPTEMBER 13, 1994 FIRST READING OF AN ORDINANCE REZONING A 46.51 ACRE PARCEL LOCATED EAST OF 1-95 NORTH OF LAKE IDA ROAD FROM CF (COMMUNITY FACILITIES) TO OSR (OPEN SPACE AND RECREATION) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of apDroval on first reading of a rezoning ordinance affecting approximately 46.51 acres on the east side of 1-95 north of Lake Ida Road from CF (Community Facilities) to OSR (Open Space and Recreation) for Lake Ida Park at 1-95. BACKGROUND: The City Commission at its meeting of June 21, 1994 considered the rezoning of certain County-owned parks and facilities. The rezonings from CF (Community Facilities) to OSR (Open Space and Recreation) were approved for the Catherine Strong Center and Miller Park. Lake Ida Park (at Lake Drive) was rezoned to OS (Open Space). At the request of the County, the City Commission denied the zoning change to OS for Lake Ida Park at 1-95 and concurrently initiated a rezoning petition to the OSR District. This request was based on the County's intention to provide active recreation facilities which would not be allowed under the OS zone district. The attached Planning and Zoning staff report contains additional information on the background of this property as well as a full analysis of the request. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of August 15, 1994. The Board unanimously approved the rezoning from CF (Community Facilities) to OSR (Open Space and Recreation) for Lake Ida Park at 1-95 on a 5-0 vote. City Commission Documentation Rezoning from CF to OSR for Lake Ida Park Page 2 RECOMMEND ED ACTION: By motion, approve on the first reading of a rezoning ordinance affecting approximately 46.51 acres on the east side of 1-95 north of Lake Ida Road from CF (Community Facilities) to OSR (Open Space and Recreation) for Lake Ida Park at 1-95. Attachment: * P&Z Staff Report & Documentation of August 15, 1994 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT--- MEETING DATE: August 15, i994 AGENDA ITEM: V.A. ITEM: Rezoning from CF (Community Facilities) to OSR (Open Space & Recreation) for Lake Ida Park. GENERAL DATA: Owner .................... Palm Beach County Agent .................... David C. Harden City Manager Location ................. North side of Lake Ida Road, between 1-95 ~~' and Lake Ida. Property Size ............ 46.51 Acres City Land Use Plan ....... Open Space and Recreation City Zoning .............. CF (Community Facilities) Proposed Zoning .......... OSR (Open Space and Recreation) Adjacent Zoning...North= AR East: SAD (Special Activities District) R-1-A (Single Family Residential) OS (Open Space) South= OS West~ PCC (Planned Commerce Center) Existing Land Use ........ Existing County park. Proposed Land Use ........ Existing County park. Water Service ............ Site is served by a well. No City water service is proposed. Sewer Service ............ Site is served by a septic tank. No City sewer service is proposed. VoA. ITEM BEFORE THE BOARD The item before the Board is that of a City initiated rezoning from CF (Community Facilities) to OSR (Open Space and Recreation) for Lake Ida Park. The subject property is located east of 1-95 on the north side of Lake Ida Road, and contains approximately 46.51 acres. B A C K G R 0 U N D In February of 1993, the City Commission considered a recommendation by the Planning and Zoning Board to make certain changes to the CF zoning district. During its discussion on the proposed amendment, the Commission noted that the CF zoning did not seem to be appropriate for many of the uses permitted in the district, such as ballfields, parks, and golf courses. The Commission gave direction to create two districts: one that would primarily accommodate services and institutions, and another that would be more suited to outdoor recreational uses. The resulting zoning district is the OSR, Open Space and Recreation District. The OSR was intended to be applied to outdoor recreational uses such as parks and golf courses, and similar recreational facilities. At its meeting of June 21, 1994, the City Commission approved the newly created OSR District via Ordinance 31-94, and approved text amendments to the CF (Community Facilities District) and OS (Open Space District). At that same meeting, the City Commission considered the rezoning of certain County-owned parks and facilities. The rezonings from CF to OSR were approved for the Catherine Strong Center and Miller Park. Lake Ida Park (at Lake Drive) was rezoned to OS. At the request of the County, the City Commission denied the zoning change to OS for Lake Ida Park at 1-95 and concurrently initiated a rezontng petition to the OSR District. This request was based on the County's intention to provide active recreation facilities which would not be allowed under the OS zone district. The rezoning from CF to OSR for Lake Ida Park is the matter now before the Board. PROJECT DESCRIPTION The rezoning affects a County owned park of approximately 46 acres. Facilities located within Lake Ida Park include two boat ramps, parking, play equipment, restrooms, picnic tables, and grills. In the future, the County wishes to provide active recreational fields along with bicycle and boat rentals. Lake Ida Park is currently zoned CF and the proposed zoning is OSR (Open Space and Recreation). P&Z Staff Report Rezoning from CF to OSR for Lake Ida Park Page 2 ZONING ANALYSIS REQUIRED FINDINGS (Chapter 3): 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 requested change is from CF to OSR. As stated in the Purpose and Intent statement of the OSR District Regulations, OSR zoning is deemed to be compatible with all land use designations shown on the Future Land Use Map. All of the uses which currently exist or are proposed on the subject property will be permitted uses in the OSR 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 level of service standards established within the Comprehensive Plan. The change of zoning to OSR will reflect existing uses, and will allow for some intensification. Concurrency will be addressed in greater detail when a specific development proposal is submitted. Section 3.3.2 (Standards for Rezontng Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: A) That rezoning to other than CF within stable residential areas shall be denied (Housing Element A-2.4). The subject property is located adjacent to stable residential areas, and is currently zoned CF. The OSR zoning was created from the CF and OS districts, and includes uses that were previously allowed in those districts. The park is a permitted use and is appropriate in stable residential neighborhoods. 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. As noted above, the proposed OSR zoning includes uses that were previously permitted in either the CF or OS districts, and will reflect existing and proposed uses. These uses are compatible adjacent to 1-95 and are an appropriate buffer between the interstate and the residential area to the east. Thus, a finding of compatibility can be made. P&Z Staff Report Rezoning from CF to OSR for Lake Ida Park Page 3 LDR COMPLIANCE: Section 2.4.5(D)(5) Rezoning Findings: 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 a 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 reasons are "b" and "c" above. The recently amended CF zoning district deleted parks as a permitted use. Unless the property is rezoned to OSR, the park will become nonconforming. The OSR zoning is of a similar intensity as the CF zoning district, and will be as appropriate for the property as the CF designation. Development Standards As currently provided in the CF zoning district, development standards for properties zoned OSR shall be established pursuant to the site and development plan. There are no specific limitations as to setbacks, height, minimum open space requirements, etc., thus, the rezoning will not create nonconformities with respect to those standards. Ail new uses must be established through the site plan review process. REVIEW BY OTHERS Notification of the rezoning has been provided to Palm Beach County Parks & Recreation Department, Facilities Planning Department, and Land Development Division; ASSESSMENT AND CONCLUSION The OSR zoning district was created to specifically apply to the types of recreational and outdoor uses that are proposed and currently in place on the subject property. With the creation of the OSR, parks with active recreational facilities are being deleted from the CF'and OS zoning districts. It is appropriate that the subject property be rezoned accordingly in order to reflect the desired changes. P&Z Staff Report Rezoning from CF to OSR for Lake Ida Park Page 4 ALTERNATIVE ACTIONS A. Continue with direction. B. Recommend denial of the rezoning request for Lake Ida Park based upon a failure to make a positive finding with respect to Chapter 3.3.2 (Compatibility), and that pursuant to Section 2.4.5(D)(5) the rezoning fails to fulfill at least one of the reasons listed. C. Recommend approval of the rezoning request for Lake Ida Park based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(§). STAFF RECOMMENDATION Recommend approval of the rezoning request from CF (Community Facilities) to OSR (Open Space and Recreation) for Lake Ida Park at 1-95, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5). Attachments: * Location Map Report prepared by: ~ M~eks, Senibr Planner Report reviewed by: N~Nkk~u ~i51c%~ YzPARKS.DOC