Ord 23-03ORDINANCE NO. 23-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DFJ.RAY BEACH, FLORIDA, CHANGING THE
FUTURE LAND USE MAP DESIGNATION IN THE
COMPREHENSIVE PLAN FROM LD (LOW DENSITY
RESIDENTIAL 0-5 DU/AC) TO CF-C (COMMUNITY
FACILITIES-CHURCHES), AND REZONING AND
PLACING LAND PRESENTLY ZONED R-I-AA (SINGLE
FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY
FACILITIES) DISTRICT; SAID LAND BEING A PARCEL
OF LAND LOCATED AT THE NORTHWEST CORNER OF
LAKE IDA ROAD AND SWINTON AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMAIJ. SCALE LAND USE PLAN
AMENDMENTS; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, APRIL 2003" PROVIDING A
GENERAL REPEAI.F.R CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is designated on the Future Land Use Map
(FLUM) in the Comprehensive Plan for the City of Delray Beach, Florida, as LD (Low Density
Residential 0-Sdu/ac); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April, 2003, as being zoned R-I-AA (Single Family
Residential); and
WHEREAS, at its meeting of July 21, 2003, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public heating and voted 4 to 0 to
recommend approval of the small scale FLUM and that the property hereinafter described be
rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan be
amended to reflect the revised land use designation of CF-C (Community Facilities-Churches); and
WHEREAS, it is appropriate that the Zoning Disuict Map of the City of Delray Beach,
Florida, dated April, 2003, be amended to reflect the revised zoning classification of CF
(Community Facilities) District.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DFJ.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property is as follows:
The South 100 feet of the North 200 feet of the East half of Lot 12, Subdivision of
Section 8, Township 46 South, Range 43 East, lying West of the East line of NWIst
Avenue extended southward, De[ray Beach, Palm Beach County, Florida.
Section 2. That the Future Land Use Map designation for the subject property in the
Comprehensive Plan is hereby changed from LD (Low Density Residential 0-5 du/ac) to CF-C
(Community Facilities-Churches).
Section 3. That the Zoning District Map of the City of De[ray Beach, Florida, dated April,
2003 is hereby changed from R-l-AA (Single Family Residential) District to CF (Community
Facilities) District.
Section 4. That the City of De[ray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 5. 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, dated April,
2003, to conform with the provisions of Section 3 hereof.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 7. 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 jmqsdiction 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.
Secfon 8. That this ordinance shall become effective thirty-one 01) days after adoption,
unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the
effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Department of Commun/ty Affairs, Bureau of Local Planning, 2740 Centerview
Drive, Tallahassee, Florida 32399-2100.
2 ORD. NO. 23-03
PASSEI~AND ADOPTED
ATfEST
Second Reading~~:~s~.
in regular session on second and final reading on this the
· 2003.
3 ORD. NO. 23-03
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
~CITY MANAGER
AGENDA ITEM # \~ ~- REGULAR MEETING OF SEPTEMBER 9, 2003
ORDINANCE NO. 23-03 (SMALL SCALE FUTURE LAND USE MAP
AMENDMENT & REZONING
SEPTEMBER 5, 2003
This ordinance is before Commission for second reading and a quadjudicial hearing that provides for a
small scale Future Land Use Map (FLUM) amendment from LD (Low Density Residential - Five (5)
dwelling units/acre) to CF-C (Community Facilities - Churches), and rezoning from R-l-AA (S'mgle
Family Residential) to CF (Community Fa(titles) for a portion of the Trinity Lutheran Church
located at the northwest comer of north Swinton Avenue and Lake Ida Road (400 North Swinton
Avenue).
The subject property consists of a portion of Lot 12 of the Model Land Company Subdivision and is
0.81 acres. A 1,035 square foot storage building and parking area currently exists on the property
which has been owned by the church since 1982. On July 8, 2003, the City Commission approved the
initiation of a corrective small-scale Future Land Use Map (FLUM) Amendment from LD (Low
Density) to CF-C (Community Facilities - Churches) and rezoning from R-I-AA (Single Family
Residential) to CF (Community Facilities).
The Planning and Zoning Board held a public hearing in conjunction with the request. There were
two (2) people from the public who expressed concerns with existing nuisances generated by the
church and the expansion of the church onto the subject property as permitted use. After discussing
this proposal, the Board voted 4-0 to recommend that the request be approved, based on positive
findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings), Land Development Regulations (LDR) Section 3.1.1 (Required Findings),
LDR Section 3.2.2 (Standards for Rezonings), LDR Section 2.4.5 0D)(5) (Rezoning Findings), and the
goals, objectives, and policies of the Comprehensive Plan.
At the first reading on August 19, 2003, the City Commission passed Ordinance No. 23-03.
Recommend approval of Ordinance No. 23-03 on second and final reading.
S:\City Clerk\agenda memos \Ord.23.03.9.9.03 Rezoning
TO:
THRU:
FROM:
SUBJECT:
DAVII~)A~N,~ _A_G E R
PAUL DO RLING, DI RECT/OI~/OF PLANNI NG AND ZONING
SMALL-SCALE FUTURE LAND USE MAP AMENDMENT
FROM LD (LOW DENSITY
RESIDENTIAL 0-5 DWELLING UNITS PER ACRE) TO CF-C (COMMUNITY FACILITIES -
CHURCH) AND REZONING FROM R-l-AA (SINGLE FAMILY RESIDENTIAL) TO CF
(COMMUNITY FACILITIES) FOR A PORTION OF THE TRINITY LUTHERAN CHURCH~ WHICH
IS LOCATED AT THE NORTHWEST CORNER OF NORTH SWINTON AVENUE AND LAKE IDA
ROAD (400 NORTH SWINTON AVENUE).
The subject property consists of a portion of Lot 12 of the Model Land Company Subdivision and is 0.81 acres.
The property currently contains a 1,035 square foot storage building and parking area. The property has been
owned by the church since 1982. This was prior to the Citywide rezoning and adoption of the Land Development
Regulations in October 1990, when the majority of the Church's properties were rezoned from R-l-AA to CF.
Recognizing that this property should have been given FLUM and zoning designations consistent with the
balance of the church property, the City Commission approved the initiation of a correddve small-scale Future
Land Use Map amendment from LD (Low Density) to CF (Community Facility) and rezoning from R-l-AA (Single
Family) to CF (Community Facility) on July 8, 2003.
Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff
Report.
At its meeting of July 21, 2003, the Planning and Zoning Board held a public hearing in conjunction with the
request. There were two people from the public that expressed concerns with existing nuisances generated by
the church and the expansion of the church facilities onto the subject property as a permitted use. The general
sentiment was that the church has not provided sufficient buffering to eliminate the noise generated at the outdoor
play areas, which are located along the north and west sides of the church campus. Staff is currently reviewing
prior approvals to determine if buffering or the relocation of play area were ever attached as conditions of prior
approvals. The results of that review will be available at the City Commission meeting. After reviewing the staff
report and discussing the proposal, the Planning and Zoning Board voted 4-0 (Soward abstaining, Morris absent)
to recommend that the request be approved, based on positive findings with respect to Future Land Use Element
Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings),
LDR Section 3.2.2 (Standards for Rezonings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals,
Objectives, and Policies of the Comprehensive Plan.
By motion, approve on first reading the ordinance for the proposed small scale FLUM Amendment from LD (Low
Density Residential 0-5 dwelling units per acre) to CF-C (Community Facilities - Church) and Rezoning from R-l-
AA (Single Family Residential) to CF (Community Facilities) for Trinity Lutheran Church based on positive findings
with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezonings), LDR Section 2.4.5(D)(5)
(Rezoning Findings) and consistency with the Goals, Objectives, and Policies of the Comprehensive Plan.
Attachments: P & Z Staff RepOrt of July 21,2003
O',-41
ORDINANCE NO. 23-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CHANGING THE
FUTURE LAND USE MAP DESIGNATION IN THE
COMPREHENSIVE PLAN FROM LD (LOW DENSITY
RESIDENTIAL 0-5 DU/AC) TO CF-C (COMMUNITY
FACILITIES-CHURCHES), AND REZONING AND
PLACING LAND PRESENTLY ZONED R-l-AA (SINGLE
FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY
FACILITIES) DISTRICT; SAID LAND BEING A PARCEL
OF LAND LOCATED AT THE NORTHWEST CORNER OF
LAKE IDA ROAD AND SWINTON AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN; FJ.F~CTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMAI.I. SCALE LAND USE PLAN
AMENDMENTS; AMENDING "ZONING MAP OF
DRI.RAY BEACH, FLORIDA, APRIL 2003" PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is designated on the Future Land Use Map
(FLUIVl) in the Comprehensive Plan for the City of Delray Beach, Florida, as LD (Low Density
Residential 0-5du/ac); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of De[ray Beach, Florida, dated April, 2003, as being zoned R-I-AA (Single Family
Residential); and
WHEREAS, at its meeting of July 21, 2003, the Planning and Zoning Board for the City of
Dekay Beach, as Local Planning Agency, considered this item at a public heating and voted 4 to 0 to
recommend approval of the small scale FLUM and that the property hereinafter described be
rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan be
amended to reflect the revised land use designation of CF-C (Community Facilities-Churches); and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, dated April, 2003, be amended to reflect the revised zoning classification of CF
(Community Facilities) District.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property is as follows:
The South 100 feet of the North 200 feet of the East half of Lot 12, Subdivision of
Section 8, Township 46 South, Range 43 East, lying West of the East line of NW 1~t
Avenue extended southward, Delray Beach, Palm Beach County, Florida.
Section 2. That the Future Land Use Map designation for the subject property in the
Comprehensive Plan is hereby changed from LD (Low Density Residential 0-5 du/ac) to CF-C
(Community Facilities-Churches).
Section 3. That the Zoning District Map of the City of De[ray Beach, Florida, dated April,
2003 is hereby changed from R-l-AA (Single Family Residential) District to CF (Community
Facilities) District.
Section 4. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption heating, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 5. 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 De[ray Beach, Florida, dated April,
2003, to conform with the provisions of Section 3 hereof.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 7. 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 8. That this ordinance shall become effective thirty-one (31) days after adoption,
unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the
effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No devdopment orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview
Drive, Tallahassee, Florida 32399-2100.
2 ORD. NO. 23-03
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ~ 2003.
A'iTI~ST
MAYOR
City Clerk
First Reading
Second Reading
3 ORD. NO. 23-03
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
July 21, 2003
IV. D.
City Initiated Future Land Use Map Amendment from LD (Low Density Residential
0-5 du/ac) to CF-C (Community Facilities - Churches) and Rezoning From R-l-AA
(Single Family Residential) to CF (Community Facilities) for a 0.81 Acre Portion of
the Trinity Lutheran Church Property (Quasi-Judicial Hearing).
GENERAL DATA:
Owner/Applicant ......................... Trinity Evangelical Lutheran
Church & School
Agent .......................................... Robert G. Currie Partnership,
Inc.
Location ...................................... Located at the northwest
corner of Lake Ida Road and
Swinton Avenue.
Property Size .............................. 0.~1 Acres
Future Land Use Map ................LD (Low Density Residential 0-5
Units/Acre)
Proposed FLUM ......................... CF-C (Community Facilities -
Chumhes)
Current Zoning .................. ~ ......... R-l-AA (Single Family
Residential)
Proposed Zoning ........................ CF-C (Community Facilities)
Adjacent Zoning ................ North: R-l-AA (Single Family
Residential)
East: R-l-AA (Single Family
Residential)
South: CF-C (Community Facilities -
Churches)
West: R-l-AA (Multiple Family
Residential)
Existing Land Use ...................... Church & Accessory School
Proposed Land Use .................... Church & Accessory School
Water Service ............................. Available connection via an 8"
water main, located within
Lake Ida Road.
Sewer Service ........................... ;. Existing on site.
LAKE IDA ROAD N.E. 41H $1'.
IV. D.
The action before the Board is that of making a recommendation to the City
Commission on a City initiated Future Land Use Map amendment from LD (Low Density
Residential 0-5 du/ac) to CF (Community Facilities - Chumhes) and rezoning from R-I-
AA (Single Family Residential) to CF (Community Facilities) for a portion of the Trinity
Lutheran Chumh, which is located at the' northwest comer of North Swinton Avenue and
Lake Ida Road (400 North Swinton Avenue).
Pursuant to Section 2.2.2(E), the Local Planning Agency (Planning & Zoning Board)
shall review and make a recommendation to the City Commission with respect to the
rezoning and FLUM Amendment of any property within the City.
The subject property consists of a portion of Lot 12 of the Model Land Company
Subdivision and consists of 0.81 acres. The property currently contains a 1,035 square
foot building and parking area. The property has been owned by the chumh since 1982,
which was prior to the Citywide rezoning and adoption of the Land Development
Regulations in October 1990, at which time, the majority of the Chumh's properties were
rezoned from R-l-AA to CF.
At its meeting of July 8, 2003, the City Commission approved the initiation of a
corrective small-scale Future Land Use Map amendment from LD to CF and rezoning
from R-l-AA to CF for the subject property.
In accordance with Chapter 163, Florida Statutes, this Future Land Use Map
amendment is considered a small scale amendment and is not limited to the twice-a-
year Comprehensive Plan Amendment review process.
Florida Statutes 163.3187 -Small Scale Land Use Map Amendments:
This Future Land Use Map Amendment is being processed as a Small-Scale
Development pursuant to Flodda Statutes 163.3187. This statute states that any local
government comprehensive land use amendments directly related to proposed small
scale development activities may be approved without regard to statutory limits on the
frequency of consideration of amendments (twice a year), subject to the following
conditions:
[] The amendment does not exceed 10 acres of land;
The cumulative effect of the amendments processed under this section shall not
exceed 120 acres within designated redevelopment and traffic concurrency
exception areas, or 60 acres annually in areas lying outside the designated
areas;
P & Z Board Staff Report
FLUM Amendment & Rezoning for Trinity Lutheran Church
Page 2
The proposed amendment does not involve the same property, or the same
owner's property within 200 feet of property, granted a change within a period of
12 months;
That if the proposed amendment{ involves a residential land use, the residential
land use has a density of 10 units or less per acre except for propertieS that are
designated in the Comprehensive Plan for urban infill, urban redevelopment, or
downtown revitalization;
The proposed amendment does not involve a text change to the goals, policies,
and objectives of the local government's comprehensive plan, but only proposes
a land use change to the Future Land Use Map for a site-specific small scale
development activity; and,
The property that is the subject of a proposed amendment is not located within
an area of critical state concern.
The subject property consists of 0.81 acres. The property is not located within a
designated redevelopment area or traffic concurrency exception area. It is noted that a
small scale Future Land Use Map (FLUM) amendment as defined by Florida State
Statute 163.3187 has not been adopted this year. Therefore, the proposed 0.82 acre
FLUM amendment does not exceed the 60 acre annual limit. The existing LD (Low
Density Residential 0-5 du/ac) FLUM designation allows a density up to 5 dwelling units
per acre and is proposed to be changed to CF-C (Community Facilities - Church),
which is a non-residential FLUM designation that does not allow residential
development. The proposed FLUM Amendment and Rezoning represent a corrective
measure to properly designate the subject property according to its established use as
part of a church campus. The property has not previously been considered for a Future
Land Use Map amendment nor has the same owner's property, within 200 feetl been
granted a land use change within the last year. The amendment does not involve a text
change to the Comprehensive Plan and it is not located within an area of critical state
concern. ~
Land Use Analysis:
Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use
Map), all land uses and resulting structures must be allowed in the zoning district
within which the land is situated and, said zoning must be consistent with the
land use designation as shown on the Future Land Use Map.
The existing use of the subject property is storage, parking and open space associated
with the Trinity Lutheran Church, which are allowed as an accessory use to a church. It
is noted that churches are allowed as a conditional use in the R-l-AA zoning district [ref.
LDR Section 4.4.3(D)(2)]. However, the remainder of the Tdnity Lutheran Church has a
CF - C FLUM and CF zoning designation. Churches and attendant uses of daycare,
preschool, educational facilities, and other normal educational (Sunday school) and
recreational, and support facilities (e.g. parsonage) are allowed as a permitted use in
the CF zoning district [ref. LDR Section 4.4.21(B)(5)]. Consequently, it is appropriate to
P & Z Board Staff Report
FLUM Amendment & Rezoning for Tdnity Lutheran Church
Page 3
correct the FLUM and Zoning Distdct Maps to change the designation of the subject
property so that it is consistent with the balance of the campus.
Based upon the above, a positive finding with respect to Future Land Use Map
consistency can be made.
REQUIRED FINDINGS:
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
must be based upon the following findings:
El Demonstrated Need -- That there is a need for the requested land use. The
need must be based upon circumstances such as shifts in demographic
trends, changes in the availability of land, changes in the existing character
and FLUM designations of the surrounding area, fulfillment of a
comprehensive plan objective or policy, or similar circumstances. The need
must be supported by data and analysis verifying the changing demographics
or other circumstances. This requirement shall not apply to requests for the
FLUM designations of Conservation or Recreation and Open Space; nor shall
it apply to FLUM changes associated with annexations when the City's
advisory FLUM designation is being applied or when the requested
designation is of a similar intensity to the advisory designation. However, the
findings described in the remainder of this policy must be addressed with all
FLUM amendments.
As noted in the background section of this report, the property has been owned by
the Trinity Lutheran Chumh since 1982. The property has been a part of the chumh
campus and contains storage, parking and a dumpster. The proposed FLUM
amendment is essentially corrective since the designation should have addressed as
part of the citywide rezonings when the remainder of the campus was rezoned from
R-l-AA to CF.
El Consistency - The requested designation is consistent with the goals,
objectives, and policies of the most recently adopted Comprehensive Plan.
The proposed change to CF-C is a corrective amendment consistent with the
balance of the Trinity Lutheran Church campus. If redevelopment of the subject
property were to occur, the proposed CF-C would be more appropriate as the
majority of the campus is designated as CF-C.
El Concurrency - Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
The proposal involves a corrective FLUM amendment on a 0.81 acre parcel from LD
to CF-C and a rezoning from R-l-AA to CF. While the LD allows a maximum of 5
dwelling units per acre, it also accommodates the uses allowed by the CF-C FLUM
designation (i.e. churches, child care facilities and educational facilities). The
existing use of the property is a permitted use in the CF zoning district and as a
conditional use in the R-l-AA zoning district. There will be no increase of the
P & Z Board Staff Report
FLUM Amendment & Rezoning for Trinity Lutheran Church
Page 4
intensity of the property that is not currently allowed in the existing LD zoning
designation with respect to concurrency. Any future development would need to
comply with the Palm Beach County Traffic Performance Standards Ordinance.
Compatibility - The requested designation will be compatible with the existing
and future land uses of the surrounding area.
As noted previously, churches are allowed in both the LD and CF-C district.
Furthermore,.the subject property has been owned and utilized as part of the Tdnity
Lutheran Church campus since 1982. The use of the property as a Church has
been compatible with the surrounding area.
Compliance - Development under the requested designation will comply with
the provisions and requirements of the Land Development Regulations.
Future redevelopment of the 0.81 acre parcel of land will occur in accordance with
the City's Land Development Regulations dudng the site plan review process. There
is no redevelopment proposal associated with this property. Given the above, a
positive finding with respect to compliance with the Land Development Regulations
can be made.
REQUIRED FINDINGS:
LDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use
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, written
materials submitted by the applicant, 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, Concurrency and Comprehensive Plan Consistency was
previously discussed under the "Future Land Use Map Amendment Analysis" section of
this report. Compliance with the Land Development Regulations with respect to
Standards for Rezoning Actions and Rezoning Findings are discussed below.
CONSISTENCY: Compliance with the performance standards set forth in Section
3.2.2 (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.
P & Z Board Staff Report
FLUM Amendment & Rezoning for Trinity Lutheran Church
Page 5
Section 3.2.2 (Standards for Rezoning Actions): Standards B, C and E are not
applicable with respect to the rezoning requests. The applicable performance
standard of Section 3.2.2 is as follows:
(A)
The most restrictive residential zoning district that is applicable given
existing development patterns and typical lot sizes shall be applied to
those areas identified as "stable" and "stabilization" on the Residential
Neighborhood Categorization Map. Requests for rezonings to a different
zoning designation, other than Community Facilities, Open Space, Open
Space and Recreation, or Conservation shall be denied.
The subject property is designated as "stable" on the Residential Neighborhood
Categorization Map. The proposed rezoning from R-l-AA to CF is allowed per
this performance standard. The existing use of the property is allowed as an
accessory use to the church in both zoning districts. Consequently, the proposed
rezoning to make the zoning the subject property consistent with the remainder
of the church campus is appropriate.
(D)
That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and
propos.ed; or. that if an in..c, ompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new use.
The proposed rezoning is corrective since the majority of the property was
previously rezoned from R-l-AA to CF in 1990. A church is an allowed use in
both zoning districts. If redevelopment of the property were to occur, the buffer
requirements of the Land Development Regulations will provide adequate
separation and screening for the residential uses to the north.
Section 2.4-.5(D)(5) (Rezonin¢l Findin(;s}:
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to prOvisions of Section
3.1.1, the City Commission must make a finding that the re~oning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
ae
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;
Cw
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 appropriate reasons for the proposed rezonings are "a" and "c", based on the
following:
P & Z Board Staff Report
FLUM Amendment & Rezoning for Trinity Lutheran Church
Page 6
The R-l-AA zoning district is inappropriate sin.ce the majodty of the chumh campus was
rezoned to CF in 1990 and the subject property was inadvertently excluded from this
rezoning. Churches are allowed uses in both the R-l-AA and CF zoning district. A
rezoning to CF is more appropriate for the property and will allow a consistent zoning for
the entire campus. -
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on a land development
application/request.
There is no development proposal associated with this rezoning request. The rezoning
is corrective in nature in order to provide a unified zoning classification to the entire
chumh campus. Any development proposal will have to comply with the Land
Development Regulations.
The subject property is not within a geographical area requiring review by the
Community Redevelopment Agency, Downtown Development Authority or the Historic
Preservation Board.
Courtesy Notices:
Courtesy notices have been provided to the following civic and homeowners
associations:
Seacrest HOA
· Presidents CounCil
· PROD
· Lake Ida HOA
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of objection and support, if any, will be presented at the
Planning and Zoning Board meeting.
The proposed FLUM amendment and Zoning Map change is a corrective measure with
respect to providing the appropriate designations for the existing church property, which
will be consistent with the remainder of the campus. There has been no known conflict
with the surrounding properties. Positive findings can be made with respect to Future
Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment
Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and
Policies of the Comprehensive Plan. Positive findings can be made with respect to LDR
P & Z Board Staff Report
FLUM Amendment & Rezoning for Trinity Lutheran Church
Page 7
Section 2.4.5(D)(5) (Rezoning Findings). Therefore, the proposed FLUM amendment
can be recommended for approval based on the findings outlined in this report.
^. Continue with direction.
Recommend to the City Commission approval of a small-scale FLUM
Amendment from LD (Low Density Residential, 0-5 du/ac) to CF-C (Community
Facilities - Church), and rezoning from R~I-AA (Single Family Residential) to CF
(Community Facilities) fo~ Trinity Lutheran Church based on positive findings
with respect to Future Land Use Element Policy A-1.7 of the Comprehensive
Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR
Section 3.2~2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5)
(Rezoning Findings), and the Goals, Objectives and Policies of the
Comprehensive Plan.
Recommend denial of the FLUM Amendment from LD to CF-C and Rezoning
from R-l-AA to CF based on a failure to make positive findings with respect to
Future Land Use Element Policy A-1.7 of the Comprehensive Plan, LDR Section
3.2.2 and LDR Section 2.4.5(D)(5)[Required Findings], and that the FLUM
amendments and rezonings fail to fulfill one of the basis for which a FLUM
Amendment or rezoning should be granted.
Recommend to the City Commission approval of the proposed small scale FLUM
Amendment from LD (Low Density Residential 0-5 dwelling units per acre) to CF-C
(Community Facility - Church) and Rezoning from R-l-AA (Single Family Residential) to
CF (Community Facilities) for Trinity Lutheran Church, based on positive findings with
respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings), LDR Section 3.1.1 (Required Findings); LDR Section 3.2.2
(Standards for Rezonings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals,
Objectives, and Policies of the Comprehensive Plan
Attachments:
Future Land Use Map
Zoning Map
Prepared by: Scott Pape, Senior Planner
LAKE
N.W. 6TH ST. ~
-- WOES) LANE
LAKE
IDA
ROAD
CHURCH
ST.
Cl TY
ATTORNEY
BUILDING
KING JR.
CITY
HALL
CHURCH
FLUM AMENDMENT
FROM: LD (LOW DESNSITY
RESIDENTIAL, 04 UNITS/ACRE
TO: CFC (COMMUNITY
FACILITIES-CHURCHES)
400 N. SWINTON AVE.
AVE RIW)
EXISTING LAND USAGE: CHURCH
S
~R
C~TY
KING JR.
CF
CITY
HALL
~CF
TRINITY
CHURCH
REZONING
FROM: R-I-AA (SINGLE FAMILY
RESIDENTIAL)
FACILITIES)
400 N. SWINTON AVE.
S
CITY OF DELRAY BEACH NOTICE
OF PROPOSED LAND USE
CHANGE AND REZONING
Residential 0-5 du/ac) TO CF (Community Facilities - Churches) and rezoning
FROM R-i-AA (Single Family Residential) TO CF (Community Facilities) for a 0,815
ac~e pares; of land fo~ a porlion of the Trinity Luthera~ Church which is located at
the northwest comer of Norlh Swinton Avenue and Lake Ida Road (400 North
Swint~ Avenue),
2~03. AT 7.-00 P.M in the Co~is~on Chambers at City Hall, 100 N.W. I' Avenue
Delray Beach, FIo~da (m at eny continuation of such meeting which is set by the
City Commission). At this meeting the City Commission will consider adopitng this
smatl scale amendment to the Future Land Use Map of the Coml~ehe~sive Plan.
AN ORDINANCE OF THE CiTY COMMISSION OF THE CiTY OF DELRAy
BEACH, FLORIDA, CHANGING THE FUTURE LAND USS MAP DESIGNATION IN
THE COMPREHENSIVE PLAN FROM LD (LOW DENSITY RESIDENTIAL 0-5
DU/AC) TO CF-C (COMMUNrP(FACILITIES-CHURCHES), AND REZCHING AND
FLACING LAND PRESENTLY ZONED R-I-AA (SINGLE FAMILY RESIDENTIAL)
DISTRICT TO CF (COMMUNITY FAClLmES) DISTRICT; SAID LAND BEING A
PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF LAKE IDA
ROAD AND SWlNTON AVENUE, AS MORE PARTICULARLY DESCRIBED HERE-
IN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AMENDING
"ZONING MAP OF DELRAy BEACH, FLORIDA, APRIL 2003' PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
Ait ~ citizens e/e invited to aaend the public heming and comment upon the
Futura Laed Ues MaP amendme~ or submit their comments In wfiitng on or before
matio~ or to obtain espies of the p~_ _ _ _ ameridment, pleaes co~tact Scott pa~
of the Planoing and Z.o~ng Depmlme~t, 100 N.W. 1st Avenue, Detray Beach,
Ftedde 33444 (emall at pzmall~m~raydeach.com), phone (561)243-7040,
heft..~.=7, the hours of a;00 a.m. and 5.00 p.m. or~ weekdays (excluding holidays).
PLEASE SE ADVISED :tHAT IF A PERSON DECIDES TO APPEAL ANy DECI-
SION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED A RECORD OF
THE PROCEEDINGS, AND FOR THIS PURPOSE SUCH PERSON MAy NEED TO
ENSURE TI.IAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE
WHICH RECORD NCLUDE8 THE TESTIMONY AND EVIDENCE UPON WHICH
RECORD PURSUANT TO ES. 286.0105.
CITY OF DELRAY BEACH
Ba~am Qarfto, CldC
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF LAND USE CHANGE
consider recommend~ to the C'~ Commission the fldlowing small scale amendment to
~ Compd~ Plan of ~ ~ of Ddray Death:
A small sade Entum [and Usa ~p (FLUM) amendment FROM LO (Law Density
Residential O-S du/ocm TO CFC (Community Focit'[fies -Churches) 'for a 0.81S acre parcel
of land located at the northwest comer of Lake Ida Road and Swinton Avenue.
the Planning and Zoning Board vA'Il conduct a Public Nea~ng on MONDAY, JULY 21,
2003, AT 6:00 P.M. (or at am/continuation of such meeltng which is set by the Planning
and Zoning Board). 1he meel~ng vA'Il be held in the CommJssinn Chambers at Cdt' Hall,
100 NW 1st Avenue, Delray Beach, FIo~do. lhe rifle of the enacting ~inance is as
follows:
ORDINANCE NO. 2303
AN ORDINANCE OF THE CItY COMMISSION OF THE CI1Y OF DELRAY BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PEAN FROM LO (LOW DENSIIY RESIDENTIAL O-S DU/AC) TO CFC
(COMMUNITY FACIUTIES-CHURCHES; ELECTING TO PROCEED UNDER THE SINGLE HEARING
AOOPTION PROCESS FOR SMALL SCALE lAND USE PlAN AMENOMENTS; AND REZONING
AND PEACING EAND PRESENTLY ZONED R-I.AA (SINGLE FAMILY RESIDENTIAL) TO CF
(COMMUNI1? FACILITIES); SAID LAND BEING A PARCEL OF [AND LOCATED AT THE
NORTHWEST CORNER OF LAKE IDA ROAD AND SWINTON AVENUE, AS MORE
PARTICUEARLY DESCRIBED HEREIN; AMENDING 'ZONING MAP OF DELRAY BEACH,
FLORIDA, APRIL 2003'; PROVIDING A GENERAL REPEALER CEAUSE, A SAVING CEAUSE,
AND AN EFFECTIVE DATE.
All interested citizens am invited to nttend the public beadng and comment upon the
Entree Land Usu Map amendment or submit their comments in w~ng on or before the
dote of this bea~ng to the Planning and Zoning Department. For furlher information or to
obtain copins of the proposed amendment please contact Scott Pape of the Planning and
Zoning Department 100 NW 1st Avenue, Delmy Beach, Florida 33444 (e-meil nt
pzmail~mydelmyhoach.com), phone (561)243-7040, belw~en the hours of 8:00 A.M.
and 5:00 P.M. on weekdays (exdnding holidays)
PLEASE BE AOVISED THAT IF A PERSON DECIDES TO APPEAL ANY OECISION MADE BY THE
PLANNING AND ZONING BOARD WITH RESPECT TO ANY HALTER CONSIDERED AT THIS
HEARING, SUCH PERSON WlU. NEED A RECORD OF THE PROCEEDINGS, AND FOR THIS
PURPOSE SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS BASED. THE CflY DOES NOT PROVIDE OR PREPARE SUCH RECORD
PURSUANT TO F.S. 286.0105
PUBLISH: Boca Aaron News/Delmy Beach News
July 10, 2003
Ad#NS736
CITY OF DE[RAY BEACH
Barbara Gar/to
C~ Clerk