Ord 07-02ORDINANCE NO. 7-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED GC (GENERAL
COMMERCIAL) DISTRICT IN PART, RM (MULTIPLE FAMILY
RESIDENTIAL - MEDIUM DENSITY) IN PART, AND RL
(MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY) IN
PART TO PRD (PLANNED RESIDENTIAL) DISTRICT; SAID
LAND BEING A PARCEL OF LAND LOCATED ON THE
NORTH AND SOUTH SIDES OF ROYAL PALM
BOULEVARD, EAST OF NORTH FEDERAL HIGHWAY, AS
MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DFJ.RAY BEACH, FLORIDA, 2001";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTWE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated July, 2001, as being zoned GC (General Commercial District) in
part, RM (Multiple Family residential - Medium Density) in part, and RL (Multiple Family
Residential - Low Density) in Part; and
WHEREAS, at its meeting of January 28, 2002, the Planning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered this item at a public heating and voted 7 to 0
to recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, 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, be, and the
same is hereby amended to reflect a zoning classification of PRD (Planned Resident/al) District for
the following described property:
Parcel I
Beginning at a point on the Western boundary of Block 3, of Royal Palm Gardens, on the
Eastern boundary of the right-of-way of the Federal Highway at a point 137 feet North of
the Southern boundary of said Block 3, Royal Palm Gardens, as measured along the Eastern
boundary of said Federal Highway for a point of beginning; thence running in a Southerly
direction along the Western boundary of said Block 3, a distance of 137 feet, thence East
145 feet, thence North to the point of intersection with a line extending East from the point
of beginning and parallel to the Southern boundary of Block 3 of Royal Palm Gardens,
thence West to the point of beginning.
Beginning at a point on the West boundary of Block 3 of Royal Palm Gardens and on the
East boundary of the right-of-way of the Federal Highway at a point 137 feet North of
Southern boundary of Block 3 of Royal Palm Gardens, as measured along the East boundary
of said highway, thence in a Southerly direction along the West boundary of Block 3 and
East boundary of Federal Highway a distance of 137 feet; thence East 145 feet as a point of
beginning; thence East on the Southern boundary of Block 3; Royal Palm Gardens, a
distance of 150 feet; thence North a distance of approximately 137 feet; thence West parallel
to the Southern boundary of Block 3, Royal Palm Gardens, and to the Northeast comer of
lands now owned by E.J. Nitschke a distance of 150 feet; thence South to Point of
Beginning as per plat of Royal Palm Gardens, Plat Book 15, Page 44 Public Records of Palm
Beach County, Florida.
Beginning at a point on the West boundary of Block 3, Royal Palm Gardens and on the East
boundary of the right-of-way of the Federal Highway at a point 137 feet North of Southern
boundary of Block 3, of Royal Palm Gardens, as measured along the East boundary of said
Highway; thence in a Southerly direction along the West boundary of Block 3, and the East
boundary of Federal Highway a distance of 137 feet; thence East 295 feet as a point of
beginning; thence East on the Southern boundary of Block 3, Royal Palm Gardens a
distance of 100 feet; thence North a distance of approximately 137 feet; thence West parallel
to the Southern boundary of Block 3, Royal Palm Gardens, and to the Northeast comer of
lands now owned by E.J. Nitcschke, a distance of 100 feet; thence South to the point of
beginning; as per plat of Royal Palm Gardens, Plat Book 15, page 44, Public Records of
Palm Beach County, Florida.
Less and except that property conveyed in Special Warranty Deed recorded in Official
Records Book 103, Page 231, of the Public Records of Palm Beach County, Florida.
Parcel 2
Lots 8, 9 and 25, Block B, Plat No 3 Royal Palm Gardens, according to the map or plat
thereof as recorded in Plat Book 21, page 57, Public Records of Palm Beach County,
Florida.
Parcel 3
Lots 10 and 11, Block B, Plat No 3 Royal Palm Gardens, according to the map or plat
thereof as recorded in Plat Book 21, page 57, Public Records of Palm Beach County,
2 ORD NO. 7-02
Florida.
Parcel 4,
Lot 5, Eastwiew, according to the map or plat thereof as recorded in Plat Book 23, Page 44,
Public Records of Palm Beach County, Florida.
Parcel 5
Lots 1, 2, 3, 4, & 5, Block A of Royal Palm Gardens Plat No. 3 according to the Plat thereof
on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida;
recorded in Plat Book 21, page 57, less the following described property deeded to the State
of Florida; from the Southwest comer of Lot 3, Block A of Royal Palm Gardens, Plat No 3
run Easterly along the South line of said Lot 3 for a distance of 29.00 feet; thence mn in a
Northwesterly direction along the arc of a curve concave to the Northeast having a radius
of 25 feet for a distance of 42.97 feet to a point on the West line of said Lot 3; thence mn
Southerly along the West line of said Lot 3 for a distance of 29.00 feet to the Southwest
comer of said Lot 3.
Parcel 6
That part of Lot One in Seemiller's Subdivision of part of Lots 36, 1, 2, and 3, of the
Subdivision of Section 9, Township 46 South, Range 43 East, according to the amended Plat
of said Seemiller's Subdivision on file in the office of the Clerk of the Circuit Court of Palm
Beach County, Florida, in Plat Book 9, Page 72, described as follows:
From the Point of intersection of the South line of said LOt One in Seemiller's Subdivision
with the East right-of-way line of U.S. Highway 1, which right-of-way line is 50 feet easterly
of, measured at right angles to the center line of said Highway as now hid out and in use,
run East along the South line of said Lot One of Seemiller's Subdivision a distance of
484.15 feet for a point of beginning; thence from said point of beginning continue East
along the South line of said LOt One of Seemiller's Subdivision a distance of 340.32 feet;
thence mn North on a line at right angles to said South line of said Lot One of Seemiller's
Subdivision a distance of 239 feet; more or less, to the North line of said lot One of
Seemiller's Subdivision; thence mn West along the North line of said Lot One of Seemiller's
Subdivision a distance of 337.67 feet, thence mn South on a line making an angle from East
to South 90° 34' 22" with a the North line of said Lot One of Seemiller's Subdivision a
distance of 238.89 feet to the point of beginning.
Section 2. That the Planning and Zoning Director of the 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.
3 ORD NO. 7-02
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
axe 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 ANI,~ADOtrrED
cra%ay of ,200 .
ATTEST
City Clerk
First Readin~ ·
Second Reading~
in regular session on second and final reading on this the
MAYOR
4 OR/) NO. 7-02
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MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER fi~
AGENDA ITEM # ~) 0,~. REGULAR MEETING OF MARCH $, 2002
ORDINANCE NO. 7-02 (REZONING FOR PALM GROVE VII,Id&GE)
MARCH 1, 2002
This ordinance is before Commission for second reading for rezonmg from GC (General
Commercial) in part, RIM (Multiple Family Residential-Medium Density) in part, and RM (Multiple
Family Residential-Low Density) in part to PRD (Planned Residential Development) for 4.623 acres
for Palm Grove Village, located on the north and south sides of Royal Palm Boulevard, east of North
Federal Highway.
The subject property consists of Lots 1 through 5 Block "A" of the Royal Palm Gardens Plat #3,
Lots 8 through 11 Block "B" of the Royal Palm Gardens plat #3, all of the Royal Palm Gardens plat,
Lot 5 of the Eastview plat, and all of the Harry Seemiller plat and contains 4.623 acres. The property
will be aggregated for a residential development consisting of 12 multiple family dwelling units
fronting along Federal Highway and 34 single family houses to the east. Since the aggregated property
does not meet the minimum site area requirement of 5 acres, a waiver application has been submitted.
The Planning and Zoning Board hem a public hearing in conjunction with the request. There were
two (2) people that expressed concerns with the potential incompatibility of the residential
classification with adjacent existing commercial uses. After discussing this proposal, the Board voted
7-0 to recommend that the request be approved, based upon positive findings with respect to Chapter
3 (Performance Standards) and LDR Section 2.4.5(D)(5).
At the first reading on February 19, 2002, The City Commission passed the Ordinance No. 7-02
unanimously.
Recommend approval of Ordinance No. 7-02 on second and final reading.
S:\City Clerk\chevelle folder\agenda memos\Ord.7.0Z03 05.02
TO:
THRU:
FROM:
SUBJECT:
MEETING OF FEBRUARY 19, 2002
ZONING CHANGE FROM GC (GENERAL COMMERClAL)~ RM (MULTIPLE FAMILY
MEDIUM DENSITY), AND RL (MULTIPLE FAMILY - LOW DENSITY) TO PRD
(PLANNED RESIDENTIAL DEVELOPMENT) FOR A PARCEL OF LAND LOCATED
AT THE NORTHEAST AND SOUTHEAST CORNER OF NORTH FEDERAL
HIGHWAY AND ROYAL PALM BOULEVARD (1645 NORTH FEDERAL HIGHWAY)~
WITHIN THE NORTH FEDERAL HIGHWAY REDEVELOPMENT AREA.
The subject property consists of Lots 1 through 5 Block "A" of the Royal Palm Gardens plat #3, Lots 8
through 11 Block "B" of the Royal Palm Gardens plat #3, all of the Royal Palm Gardens plat, Lot 5 of
the Eastview plat, and all of the Harry Seemiller plat and contains 4.623 acres. The property at the
northeast corner of North Federal Highway and Royal Palm Boulevard was annexed to the City on
March 14, 1966. This property contains a 2,363 square foot restaurant (Antonio's Mama Rosa) that
was built in 1968. The remainder of the property was annexed to the City on December 13, 1988.
This property contains two houses that were built in 1948 and 1950 and a landscape nursery. Since
annexation and construction of the restaurant there have been no further development proposals for
the subject property.
The property will be aggregated for a residential development consisting of 12 multiple family dwelling
units fronting along Federal Highway and 34 single family houses to the east. A companion Future
Land Use Map amendment application has been submitted to change the designation of the
restaurant from GC (General Commercial) to MD (Medium Density Residential 5-12 dwelling units per
acre). Since the aggregated property does not meet the minimum site area requirement of 5 acres, a
waiver application has also been submitted. The purpose of the FLUM and Zoning Map designation
changes are to accommodate development as a residential development with a mix of 34 single
family and 12 multiple family residential units on a total of 4.623 acres.
Additional background and an analysis of the request are found in the attached Planning and Zoning
Board Staff Report.
At its meeting of January 28, 2002, the Planning and Zoning Board held a public hearing in
conjunction with the requests. There were two persons from the public that expressed concems with
the potential incompatibility of the residential classification with adjacent existing commercial uses.
After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that
the request be approved, based upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the
Comprehensive Plan.
Ci{y Commission Documentation
Meeting of February19, 2002
Palm Grove Village Rezoning
Page 2
By motion, approve on first reading the ordinance for a zoning designation change from GC, RM, and
RL to PRD (Planned Residential) for Palm Grove Village, based upon positive findings with respect
to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and LDR Section 2.4.5(D)(5).
Attachments: P & Z Staff Report of January 28, 2002
ORDINANCE NO. 07-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT
IN PART, RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM
DENSITY) IN PART, AND RL (MULTIPLE FAMILY RESIDENTIAL
- LOW DENSITY) IN PART TO PRD (PLANNED RESIDENTIAL)
DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED
ON THE NORTH AND SOUTH SIDES OF ROYAL PALM
BOULEVARD, EAST OF NORTH FEDERAL HIGHWAY, AS
MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 2001";
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 July, 2001, as being zoned GC (General
Commercial District) in part, RM (Multiple Family residential - Medium Density) in part,
and RL (Multiple Family Residential- Low Density) in Part; and
WHEREAS, at its meeting of January 28, 2002, the Planning and Zoning Board for
the City of Delray Beach, as Local Planning Agency, considered this item at a public
hearing and voted 7 to 0 to recommend that the property hereinafter described be
rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray
Beach, Florida, 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, be,
and the same is hereby amended to reflect a zoning classification of PRD (Planned
Residential) District for the following described property:
Parcel I
Beginning at a point on the Western boundary of Block 3, of Royal Palm
Gardens, on the Eastern boundary of the right-of-way of the Federal Highway
at a point 137 feet North of the Southern boundary of said Block 3, Royal Palm
Gardens, as measured along the Eastern boundary of said Federal Highway
for a point of beginning; thence running in a Southerly direction along the
Western boundary of said Block 3, a distance of 137 feet, thence East 145
feet, thence North to the point of intersection with a line extending East from
the point of beginning and parallel to the Southern boundary of Block 3 of
Royal Palm Gardens, thence West to the point of beginning.
Beginning at a point on the West boundary of Block 3 of Royal Palm Gardens
and on the East boundary of the right-of-way of the Federal Highway at a point
137 feet North of Southern boundary of Block 3 of Royal Palm Gardens, as
measured along the East boundary of said highway, thence in a Southerly
direction along the West boundary of Block 3 and East boundary of Federal
Highway a distance of 137 feet; thence East 145 feet as a point of beginning;
thence East on the Southern boundary of Block 3; Royal Palm Gardens, a
distance of 150 feet; thence North a distance of approximately 137 feet; thence
West parallel to the Southern boundary of Block 3, Royal Palm Gardens, and
to the Northeast corner of lands now owned by E.J. Nitschke a distance of
150 feet; thence South to Point of Beginning as per plat of Royal Palm
Gardens, Plat Book 15, Page 44 Public Records of Palm Beach County,
Florida.
Beginning at a point on the West boundary of Block 3, Royal Palm Gardens
and on the East boundary of the right-of-way of the Federal Highway at a point
137 feet North of Southern boundary of Block 3, of Royal Palm Gardens, as
measured along the East boundary of said Highway; thence in a Southerly
direction along the West boundary of Block 3, and the East boundary of
Federal Highway a distance of 137 feet; thence East 295 feet as a point of
beginning; thence East on the Southern boundary of Block 3, Royal Palm
Gardens a distance of 100 feet; thence North a distance of approximately 137
feet; thence West parallel to the Southern boundary of Block 3, Royal Palm
Gardens, and to the Northeast corner of lands now owned by E.J. Nitcschke, a
distance of 100 feet; thence South to the point of beginning; as per plat of
Royal Palm Gardens, Plat Book 15, page 44, Public Records of Palm Beach
County, Flodda.
Less and except that property conveyed in Special Warranty Deed recorded in
Official Records Book 103, Page 231, of the Public Records of Palm Beach
County, Florida.
Parcel 2
Lots 8, 9 and 25, Block B, Plat No 3 Royal Palm Gardens, according to the
map or plat thereof as recorded in Plat Book 21, page 57, Public Records of
2 ORD NO. 07-02
Palm Beach County, Florida.
Parcel 3
Lots 10 and 11, Block B, Plat No 3 Royal Palm Gardens, according to the map
or plat thereof as recorded in Plat Book 21, page 57, Public Records of Palm
Beach County, Florida.
Parcel 4,
Lot 5, Eastview, according to the map or plat thereof as recorded in Plat Book
23, Page 44, Public Records of Palm Beach County, Florida.
Parcel 5
Lots 1, 2, 3, 4, & 5, Block A of Royal Palm Gardens Plat No. 3 according to the
Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm
Beach County, Florida; recorded in Plat Book 21, page 57, less the following
described property deeded to the State of Florida; from the Southwest corner
of Lot 3, Block A of Royal Palm Gardens, Plat No 3 run Easterly along the
South line of said Lot 3 for a distance of 29.00 feet; thence run in a
Northwesterly direction along the arc of a curve concave to the Northeast
having a radius of 25 feet for a distance of 42.97 feet to a point on the West
line of said Lot 3; thence run Southerly along the West line of said Lot 3 for a
distance of 29.00 feet to the Southwest corner of said Lot 3.
Parcel 6
That part of Lot One in Seemiller's Subdivision of part of Lots 36, 1, 2, and 3,
of the Subdivision of Section 9, Township 46 South, Range 43 East, according
to the amended Plat of said Seemiller's Subdivision on file in the office of the
Clerk of the Circuit Court of Palm Beach County, Florida, in Plat Book 9, Page
72, described as follows:
From the Point of intersection of the South line of said Lot One in Seemiller's
Subdivision with the East right-of-way line of U.S. Highway 1, which right-of-
way line is 50 feet easterly of, measured at right angles to the center line of
said Highway as now laid out and in use, run East along the South line of said
Lot One of Seemiller's Subdivision a distance of 484.15 feet for a point of
beginning; thence from said point of beginning continue East along the South
line of said Lot One of Seemiller's Subdivision a distance of 340.32 feet;
thence run North on a line at right angles to said South line of said Lot One of
3 ORD NO. 07-02
Seemiller's Subdivision a distance of 239 feet; more or less, to the North line of
said lot One of Seemiller's Subdivision; thence run West along the North line of
said Lot One of Seemiller's Subdivision a distance of 337.67 feet, thence run
South on a line making an angle from East to South 90° 34' 22" with a the
North line of said Lot One of Seemiller's Subdivision a distance of 238.89 feet
to the point of beginning.
Section 2. That the Planning and Zoning Director of the 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 immediately upon passage
on second and final reading.
the
PASSED AND ADOPTED in regular session on second and final reading on this
__ day of ,200__.
ATTEST
MAYOR
City Clerk
First Reading.
Second Reading
4 ORD NO. 07-02
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
January 28, 2002
IV.B.
Rezoning From GC (General Commercial) in Part, RM (Multiple Family
Residential - Medium Density) in Part, and RL (Multiple Family Residential - Low
Density) in Part to PRD (Planned Residential) for Palm Grove Village.
GENERAL DATA:
Agent ..............................
Applicant .........................
Location ..........................
Owner ............................. Antonios Mama Rosa, Inc.
Miller Legg and Associates, Inc.
New Urban/RFC Developers, LLC
Located on the North and South
Sides of Royal Palm Boulevard,
East of North Federal Highway.
Property Size .................. 4.623 Acres
Future Land Use Map ..... MD (Medium Density Residential
Current Zoning ...............
Proposed Zoning ............
Adjacent Zoning .... North:
East:
South:
West:
Existing Land Use ..........
Proposed Land Use ........
Water Service .................
Sewer Service ................
5-12 du/ac)
GC (General Commercial)
RM (Multiple Family Residential)
RL (Multiple Family Residential-
Low Density)
PRD (Planned Residential)
RM (Multiple Family Residential)
GC (General Commercial)
RM (Multiple Family Residential)
RL (Multiple Family Residential -
Low Density)
RL (Multiple Family Residential-
Low Density)
GC (General Commercial)
GC (General Commercial)
Restaurant, single family homes,
and landscape nursery.
Rezoning From GC, RM, and RL to
PRD for the development of Palm
Grove Village.
Available via connection to an
existing 8" water mare in Royal Palm
Blvd. And Eastview Avenue.
Available via connection to an
existing 10" sewer main in Royal
Palm Blvd. And Eastview Avenue.
IV.B.
The item before the Board is that of making a recommendation to the City
Commission on a privately sponsored rezoning from GC (General Commercial),
RM (Multiple Family- Medium Density), and RL (Multiple Family- Low Density)
to PRD (Planned Residential) for Palm Grove Village, pursuant to LDR Section
2.4.5(D).
Pursuant to Section 2.2.2(E)(6), the Local Planning Agency shall review and
make a recommendation to the City Commission with respect to the rezoning of
any property within the City.
The subject property consists of Lots 1 through 5 Block "A" of the Royal Palm
Gardens plat #3, Lots 8 through 11 Block "B" of the Royal Palm Gardens plat #3,
all of the Royal Palm Gardens plat, Lot 5 of the Eastview plat, and all of the Harry
Seemiller plat and contains 4.623 acres. The property is located at the northeast
and southeast corner of North Federal Highway and Royal Palm Boulevard,
within the North Federal Highway Redevelopment Area.
The property at the northeast corner of North Federal Highway and Royal Palm
Boulevard was annexed to the City on March 14, 1966. This property contains a
2,363 square foot restaurant (Antonio's Mama Rosa) that was built in 1968. The
remainder of the property was annexed to the City on December 13, 1988. This
property contains two houses that were built in 1948 and 1950 and a landscape
nursery. Since annexation and construction of the restaurant there have been no
further development proposals for the subject property.
The property will be aggregated for a residential development consisting of 12
multiple family dwelling units fronting along Federal Highway and 34 single family
houses to the east. The applicant has submitted a zoning district map change
request, which is now before the Board for action.
The proposal is to change the zoning designation of the property from GC
(General Commercial)[0.76 acres], RM (Multiple Family- Medium Density)[1.82
acres], and RL (Multiple Family - Low Density)[2.04 acres] to PRD (Planned
Residential). The rezoning application includes a waiver request to the following
section of the City's Land Development Regulations:
1. LDR Section 4.4.7(F)(2)(c), which requires a minimum site area of 5 acres for
a PRD development project.
·. P & Z Board Staff Report
Rezoning from GC, RM, & RL to PRD for Palm Grove Village
Page 2
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 Future Land Use Map,
Concurrency, Comprehensive Plan Consistency and Compliance with the
Land Development Regulations.
FUTURE LAND USE MAP: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said
zoning must be consistent with the applicable land use designation as
shown on the Future Land Use Map.
The proposed single family residential development allowed both in the RL & RM
zoning districts is not allowed within the GC (General Commercial) zoning
district. The multi-family multiple family is allowed in all three districts GC, RM &
RL. The proposed PRD (Planned Residential Development) allows single family
and multiple family uses as principal uses per LDR Section 4.4.7(B). The PRD
zoning district is consistent with the MD Future Land Use Map designation for the
RL & RM parcels. It is noted the petition is accompanied by a Future Land Use
Map Amendment from GC to MD for 0.76 acres of the site occupied by the
restaurant. Thus, positive findings can be made regarding consistency of the
FLUM and zoning contingent upon the rezoning of the property to PRD and the
approval of the FLUM amendment·
Concurrency: Concurrency as defined pursuant to Objective B-2 of the
Future Land Use Element of the Comprehensive Plan must be met and a
determination made that the public facility needs of the requested land use
and/or development application will not exceed the ability of the City to
fund and provide, or to require the provision of, needed capital
improvements in order to maintain the Levels of Service Standards
established in Table CI-GOP-1 of the adopted Comprehensive Plan of the
City of Delray Beach.
Pursuant to LDR Section 4.4.7(H)(1), the allowed density with the PRD zoning
district is based on the density allowed by the Future Land Use Map, which is 5-
12 dwelling units per acre. The applicant has submitted a conceptual plan that
requests a total of 46 residential units (9.94 du/ac). The 4.623 acre parcel can
have up to 55 dwelling units if built at its maximum density allowed by the MD
FLUM designation (12 du/ac). The following concurrency analysis is based on
the maximum density of 12 dwelling units per acre:
P & Z Board Staff Report
Rezoning from GC, RM, & RL to PRD for Palm Grove Village
Page 3
Traffic:
The trip generation according to Table 10.8-3 "Fair Share Road Impact Fee
Schedule", Palm Beach County Traffic Performance Standards Ordinance for
multiple family homes is 7 ADT (Average Daily Trips) and single family 10 ADT.
Given this trip generation rate the development proposal would generate 550
ADT based on 55 Single family units. The existing uses (2 single family homes
and restaurant) generate 214 ADT. Consequently, the total new net trips
generated by the property at its maximum allowed density would be 336 new
ADT. Since the most intensive use of the property under the proposed PRD
zoning district would generate greater than 200 new ADT, a traffic study would
normally be required. However, the proposed residential property is located
within the Palm Beach County Residential Exemption area and, therefore, is
exempt from having to meet the County's Traffic Performance Standards. Given
this a finding of traffic concurrency can be made.
Solid Waste:
The Solid Waste Authority indicates that it has capacity to serve development in
the County at its current LOS of 1.99 pounds per day per capita for the life of the
existing landfill, which is anticipated for 2021. The most intensive use of the
property (55 single family dwelling units) would generate 109.45 tons per year.
The annual solid waste generation by the 2,363 square foot restaurant is 29.42
tons per year and 3.98 tons for the two single family homes for a total of 33.4
tons annually. Consequently, the proposed rezoning will accommodate a
potential increase in the solid waste generation by 76.05 tons per year.
Water & Sewer:
Water and sewer service is currently available to the subject property. The Delray
Beach Water Treatment Plant and the South Central County Waste Water
Treatment Plant both have adequate capacity to serve the City at build out. An
existing 8" water main and 10" sewer main are available along Royal Palm
Boulevard.
Parks and Recreation:
Pursuant to LDR Section 5.3.2 and the North Federal Highway Redevelopment
plan, the applicant is responsible for dedicating up to a maximum of 8% of the
gross site area for a neighborhood park. Given the gross acreage of the property
(4.623 acres), the applicant must dedicate a maximum of 0.37 acres to the City
of Delray Beach for a neighborhood park. The dedication of the park is
mandated via the North Federal Highway Redevelopment Plan and LDR Section
5.3.2. The applicant has been working with staff and the Community
Redevelopment Agency to appropriately locate the park and this will be further
defined with the site plan submitted. Based upon the above, a positive finding
with respect to concurrency can be made.
P & Z Board Staff Report
Rezoning from GC, RM, & RL to PRD for Palm Grove Village
Page 4
Consistency: A finding of overall consistency may be made even though
the action will be in conflict with some individual performance standards
contained within Article 3.2, provided that the approving body specifically
finds that the beneficial aspects of the proposed project (hence compliance
with some standards) outweighs the negative impacts of identified points
of conflict.
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.
Future Land Use Element Policy C-1.4: The following pertains to the North
Federal Highway Corridor:
The North Federal Highway Corridor is defined as the area bounded by the FEC
railroad right-of-way to the west, the easterly boundary of the CRA to the east,
George Bush Boulevard to the south, and the north City limits to the north.
Properties in the corridor that front on Federal Highway primarily contain small-
scale, strip commercial development. Many parcels in the area contain vacant or
dilapidated structures, substandard parking, and substandard landscaping. The
area also contains residential areas identified as "Stabilization" and
"Revitalization" on the Residential Neighborhood Categorization Map contained
in the Housing Element. Many of the remaining parcels in the area are currently
vacant.
Due to those conditions, the North Federal Highway Corridor is hereby identified
as a blighted area. The North Federal Highway Redevelopment Plan was
approved by City Commission on March 16, 1999. The Plan identified the need
for limited rezonings and LDR amendments, along with improvements necessary
to accomplish certain redevelopment goals. Future development in the area
must be in accordance with the provisions of the Redevelopment Plan.
The subject property is listed on the Residential Neighborhood Categorization
Map as Revitalization. The North Federal Highway Redevelopment Plan
indicates that the commercial properties that front on Federal Highway lack
appropriate depth. The result is a development pattern conducive to strip
commercial development, which are inconsistent with the redevelopment plan.
Consequently, the existing commercial property (0.76 acres) does not contain
sufficient area to accommodate the neo-traditional pedestrian oriented
commercial development directed by the redevelopment plan. The proposed
rezoning will eliminate the commercial development. The applicant has
submitted a conceptual plan that provides for multiple family units adjacent to
Federal Highway consistent with the neo-traditional design concept.
P & Z Board Staff Report
Rezoning from GC, RM, & RL to PRD for Palm Grove Village
Page 5
Since this Comprehensive Plan policy is furthered by the proposed FLUM
amendment vis-a-vis a neo-traditional residential development, a positive finding
can be made with respect to fulfilling a demonstrated need.
Housinq Element Policy A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on
the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. /f it is
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
The proposed redevelopment of the commercial property to residential property
will have a positive effect on neighboring residential properties as the impacts
such as noise, odors, dust will decrease. Furthermore, the change from
commercial zoning will eliminate a commercial property that does not meet the
approved design criteria for the North Federal Highway Redevelopment Area.
The specific issues regarding compatibility between the proposed residential and
existing residential will be addressed during the site plan review process.
Open Space and Recreation Element Policy A-2.7: The City shaft develop a
program to establish small parks in neighborhoods. The program would include
identification of vacant or surplus parcels, and strategies to assure that the
neighborhood determines the parameters of the park and is responsible for
construction and operating costs. Such strategies should rely heavily on existing
neighborhood associations as the originating, motivating and organizing forces.
As part of this development a neighborhood park set aside will be provided. This
in conjunction with potential additional land acquired by the CRA will be
consistent with this policy as well as the North Federal Highway Redevelopment
Plan.
Section 3.2.2 (Standards for Rezoning Actions): Standards A, B and E are
not applicable. The applicable performance standards of Section 3.2.2 are
as follows:
(c)
Zoning changes that would result in strip commercial development
shall be avoided. Where strip commercial zoning developments or
zoning currently exists along an arterial street, consideration should
be given to increasing the depth of the commercial zoning in order to
provide for better project design.
The proposed rezoning would eliminate a 0.73 acre commercial property.
Therefore, the issue with respect to the concern of a strip commercial
development is removed.
P & Z Board Staff Report
Rezoning from GC, RM, & RL to PRD for Palm Grove Village
Page 6
(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,
The following zoning designations and uses border the property:
Direction Zoning Uses
North GC & RM
West GC
South GC & RM
East RM
Retail & Single Family
Residential
Goodwill Retail Store
Warehouse & Single Family
Residential
Multiple Family Residential (The
Estuary)
The conceptual plan indicates that the single family (conventionally and
zero lot line) homes will be located along the east side of the property with
the multiple family component oriented along Federal Highway. As noted
above, the adjacent uses to the north, east and south are predominately
single family and multiple family uses. That portion of the proposed
development adjacent to the commercial properties on the north and south
sides will be used for the multiple family units. The proposed single family
homes will either be of the same intensity as the adjacent existing single
family homes or less than the more intense existing multiple family units
(The Estuary) to the east. Compatibility will be achieved as the intensity of
use will be similar with the adjacent residential uses. The proposed
multiple family component along Federal Highway is compatible with the
neo-traditional design criteda envisioned by the North Federal Highway
Redevelopment Plan and less intense than adjacent commercial
properties.
Section 2.4.5(D)(5) (Rezoning Findin_clS):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of
Chapter Three, 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:
That the zoning had previously been changed, or was originally
established, in error;
That there has been a change in circumstances which make the
current zoning inappropriate;
P & Z Board Staff Report
Rezoning from GC, RM, & RL to PRD for Palm Grove Village
Page 7
Ce
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 applicant indicated in the rezoning application that the circumstances have
changed in the area with respect to approval of The Estuary multiple family
residential project. Furthermore, the applicant states:
"Requested zoning is of similar intensity as is allowed under Land Use
Map as it exists and is proposed to be amended. The density wi//be/ess
than or equal to surrounding uses.'
Comment: The basis for which the rezoning is being sought most closely relates
to Items "b" and "c". As noted previously, the North Federal Highway
Redevelopment Plan indicates that the depth of commercial property could be
increased in order to avoid strip commercial development. The rezoning of this
property to residential will eliminate this concern. Furthermore, the PRD zoning
designation will allow the development of a residential project that includes both
multiple and single family residential units. The predominate uses in the area
include single family homes to the north and south and multiple family residential
units to the east. This urban infill project will be compatible with the adjacent
properties and further to goals of the North Federal Highway Redevelopment
Plan.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on the development proposal.
A site plan application for the proposed residential development has not been
submitted. As noted in the "Project Description Section" of this report, the area of
the property to be rezoned is 4.623 acres. Pursuant to LDR Section
4.4.7(F)(2)(c), a minimum site area of 5 acres is required for the overall
development project. The applicant has submitted a waiver request to reduce
the required lot area and is addressed below:
Waiver Analysis:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving
body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; or,
P & Z Board Staff Report
Rezoning from GC, RM, & RL to PRE) for Palm Grove Village
Page 8
(d)
Does not result in the grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for
another applicant or owner.
Given the analysis contained in this report with respect to the compatibility of the
project to the surrounding area, a positive finding can be made that reduction will
not adversely affect the neighboring area. The subject property is located within
an urban redevelopment area and an infill project. The proposed development
furthers several goals of the Comprehensive Plan and North Federal Highway
Redevelopment plan. Finally, the applicant has expressed the desire to have
Royal Palm Boulevard abandoned by the City as this street would then only
serve the resident's of Palm Grove Village and The Estuary. The abandonment
of the right-of-way appears to provide the minimum 5 acre site. Similar
circumstances on other properties would lead to the same conclusion. Based on
the above, a positive finding with respect to LDR Section 2.4.7(B)(5), waiver
findings can be made.
The subject property is not in a geographical area requiring review by the DDA
(Downtown Development Authority) and HPB (Historic Preservation Board).
Community Redevelopment Aqency (CRA):
The CRA reviewed the rezoning at its meeting of January 10, 2002 and
recommended approval subject to dedication of the neighborhood park land.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of
the subject property. Letters of support and objection, if any, will be presented at
the Planning and Zoning Board meeting.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
· La Hacienda · North Palm Trail
· Kokomo Key · Seacrest
· PRQD · City of Gulfstream
· Presidents Council
P & Z Board Staff Report
Rezoning from GC, RM, & RL to PRD for Palm Grove Village
Page 9
!
The rezoning from GC (General Commercial), RM (Multiple Family - Medium
Density), and RL (Multiple Family- Low Density) to PRD (Planned Residential) is
consistent with the policies of the Comprehensive Plan and Chapter 3 of the
Land Development Regulations. The proposal is consistent with the North
Federal Highway Redevelopment Plan, as it will provide the desired economic
stimulation and investment in the area, and results in the redevelopment of
property designated revitalization. Positive findings can be made with respect to
LDR Section 2.4.5(D)(5) (Rezoning Findings). A positive finding with respect to
the reduction of the site area, LDR Section 2.4.7(B)(5) (Waiver Findings), can be
made since the reduction will not adversely affect the surrounding area and it will
allow for urban redevelopment of an infill project located within a designated
revitalization area.
A. Continue with direction.
Recommend approval of both the waiver request based on positive
findings with respect to LDR Section 2.4.7(B)(5) (Waiver Findings) and the
rezoning request from GC, RM, and RL to PRD (Planned Residential) for
Palm Grove Village, based upon positive findings with respect to Chapter
3 (Performance Standards) of the Land Development Regulations, policies
of the Comprehensive Plan, and LDR Section 2.4.5(D)(5) (Rezoning
Findings).
Co
Recommend denial both of the waiver request based on failure to make
positive findings with respect to LDR Section 2.4.7(B)(5) (Waiver Findings)
and the rezoning request from GC, RM, and RL to PRD (Planned
Residential) for Palm Grove Village, based upon a failure to make
positive findings with respect to LDR Section 2.4.5(D)(5) (Rezoning
Findings) that the rezoning does not fulfill one of the reasons for which a
rezoning should be sought.
t
!
I
By separate motions:
Approve a waiver to LDR Section 4.4.7(F)(2)(c), which requires a minimum site
area of 5 acres for the overall development project based on positive findings
with respect to LDR Section 2.4.7(B)(5).
Recommend to the City Commission approval of the rezoning from GC, RM, and
RL to PRD (Planned Residential) for Palm Grove Village, based upon positive
findings with respect to Chapter 3 (Performance Standards) of the Land
P & Z Board Staff Report
Rezoning from GC, RM, & RL to PRD for Palm Grove Village
Page 10
Development Regulations, policies of the Comprehensive Plan, and LDR Section
2.4.5(D)(5).
Attachments:
El Location/Zoning Map
El Boundary Survey
Prepared by: Scott Pape, Senior Planner
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MAP REF LM576