Ord 02-99 ORDINANCE NO. 2-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-1-A (RESIDENTIAL SINGLE FAMILY)
DISTRICT, IN PART, AND RO (RESIDENTIAL OFFICE)
DISTRICT, IN PART, IN THE CF (COMMUNITY FACILITIES)
DISTRICT; SAID LAND BEING LOCATED ON THE NORTH SIDE
OF SOUTHRIDGE ROAD BETWEEN SOUTH SWINTON AVENUE AND
S.W. 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned R-1-A (Single Family Residential)
District, in part, and RO (Residential Office) District, in part; and
WHEREAS, at its meeting of December 21, 1998, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at a public hearing and voted 5 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, 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 CF (Community
Facilities) District for the following described property:
Lot 8, Block 2, of Southridge Plat 1 of 2,
according to the Plat thereof as recorded in Plat
Book 13, Page 38, of the Public Records of Palm
Beach County, Florida;
TOGETHER WITH
Lots 35 through 40, inclusive, Block 2, Plat 1 of
2, Southridge, according to the Plat thereof
recorded in Plat Book 13, Page 38, of the Public
Records of Palm Beach County, Florida.
The subject property is located on the north side
of Southridge Road between South Swinton Avenue and
S.W. 4th Avenue; containing 0.796 acres, more or
less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 19th day of January , 1999.
ATTEST:
' City C]~rk t
First Reading January 5, 1999
Second Reading January 19, 1999
- 2 - Ord. No. 2-99
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PLANNING & ZONING DEPARTMENT TO: CF (COMMUNITY FACILITIES)
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MAlqAGER~
SUBJECT: AGENDA ITEM ~ - REGULAR MEETING OF JANUARY 19, 1999
ORDINANCE NO. 2-99 (REZONING FOR LOTS IN BLOCK 2,
SOUTHRIDGE SUBDIVISION)
DATE: JANUARY 14, 1999
This is second reading and a quasi-judicial public hearing for
Ordinance No. 2-99 which rezones Lot 8 and Lots 35 through 40,
Block 2, Southridge Plat 1 of 2, from RO (Residential Office)
District, in part, and R-1-A (Single Family Residential), in part,
to CF (Community Facilities) District. The subject properties are
located on the north side of Southridge Road, between South
Swinton Avenue and S.W. 4th Avenue.
A portion of the property has been utilized as a group home since
1982. The proposed rezoning is necessary in order for the
existing group home to expand to the west and north. While the
City has not received a formal development application, a
conceptual development plan has been submitted which indicates the
removal of an office trailer and construction of an additional
9,500 square feet of floor area. The building addition will be a
two-story facility with a dining hall, kitchen facility and 16
dormitory rooms.
The Planning and Zoning Board considered the request at a public
hearing on December 21, 1998, and voted 5 to 0 to recommend
approval of the rezoning, based on 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.
At first reading on January 5, 1999, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 2-99 on second and final
reading, based upon the findings and recommendation of the
Planning and Zoning Board.
ref:agmemol9
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: December 21, 1998
AGENDA ITEM: VI.B.
ITEM: Rezoning From RO (Residential Office) in Part and R-1-A (Single Family
Residential) in Part to CF (Community Facilities) Zoning District for a Parcel
of Land Located West of South Swinton Avenue, Between Southridge
Road and Sterling Avenue.
GENERAL DATA:
Agent .............................. Anna S. Cottrell & Assoc., Inc.
Anna S. Cottrell, AICP
Location .......................... Located west of South Swinton
Avenue, between Southridge
Road and Sterling Avenue
Property Size .................. 0.796 Acre
Future Land Use Map ..... Low Density (0-5 d.u./ac.) &
Medium Density (5-12 d.u./ac.)
Current Zoning ................ RO (Residential Office) & R-l-
A (Single Family Residential)
Proposed Zoning ............. CF (Community Facilities)
Adjacent Zoning .... North: R-1-A
East: R-1-A & I (Industrial)
South: I & MIC (Mixed Industrial &
Commercial)
West: R-1-A
Existing Land Use ........... Group Home
Proposed Land Use ........ Rezoning to a more
appropriate Zoning Designation
to accommodate the type of
use.
Water Service ................. Existing on Site.
Sewer Service ................. Existing on Site.
VI.B.
The item before the Board is that of making a recommendation to the City
Commission on a privately initiated rezoning request from RO (Residential
Office) and R-1-A (Single Family Residential) to CF (Community
Facilities), pursuant to Section 2.4.5(D).
The subject property is located at the northwest corner of the intersection
of Swinton Avenue and Southridge Road.
Pursuant to Section 2.2.2(E), the Local Planning Agency (P & Z Board)
shall review and make a recommendation to the City Commission with
respect to rezoning of any property within the City.
The .7'98 acre parcel contains a 2-story structure and an office trailer. A portion of this
property is currently utilized as a shelter for victims of domestic violence and their
children. The property was originally occupied by the South County Drug Abuse
Foundation as an adolescent residential facility.
A portion of the property was rezoned in June 1982 from R-1-A (Single Family
Residential) to SAD (Special Activities District). The City approved concurrent
conditional use and site plan applications for an Adolescent Residential Facility (South
County Drug Abuse Foundation) with the rezoning application. The approval included
Lots 35 through 40, Block 2, Plat 1 of 2, of the Southridge subdivision. In June 1986,
the City Commission amended the conditional use approval to change the allowed use
of the property from Adolescent Residential Facility to Residential Facility. The
Residential Facility allows for the use of the property as a shelter for victims of domestic
violence and their children. The property was subsequently rezoned on October 1,
1990 by a city-initiated citywide rezoning application from SAD to RO.
However, the FLUM designation remained Medium Density Residential, creating an
inconsistency between the FLUM and the zoning designation. The site plan was
amended on May 27, 1992 to allow a trailer for office purposes. Subsequent to that
approval, the owners of the property have submitted four site plan modification
applications. These modifications were for additions or changes to provide fencing
around the property including Lot 8, Block 2 of the Southridge Plat.
The proposal is to change the zoning designation of the property from R-1-A and RO to
CF. The City has not received a formal development application. However, a
conceptual development plan has been submitted. Essentially, the applicant proposes
to incorporate Lot 8 with Lots 35 through 40, Block 2 Southridge subdivision in order to
expand the existing abused spouse residence. The conceptual plan indicates the
P & Z Board Staff Report
Rezoning from RO and R-1-A to CF for AVDA
Page 2
removal of the trailer and construction of an additional 9,500 square feet of floor area.
The existing building will be expanded on the west side and continued to Lot 8 on the
north. This building addition will be a 2-story facility with a dining hall and kitchen facility
on the west and 16 dormitory rooms. The conceptual plan indicates that the existing
parking lot will be redesigned and include landscape areas.
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 use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use designation.
Abused Spouse Residences are permitted uses in the CF (Community Facilities)
district. The proposed CF zoning category is consistent with the MD (Medium Density)
and LD (Low Density) Future Land Use Map designations. The proposed rezoning is
necessary since the RO district is not compatible with the underlying MD land use
district. Furthermore, Abused Spouse Residences are not allowed in the R-1-A zoning
district (Lot 8, Southridge subdivision). Consequently, the property must be rezoned in
order for the proposed use to be compatible with the zoning. The CF zoning
designation is compatible with the proposed LD land use map designation. Based upon
the above, a positive finding can be made with respect to consistency with the Future
Land Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
As noted previously, a development application has not been submitted with the
rezoning application. Staff anticipates that sufficient public facilities will exists to serve
the property at the time of development. In terms of concurrency, the proposed
rezoning will not create an impact on services with respect to water, sewer, traffic, solid
waste, parks, drainage, or open space. However, analysis regarding levels of service
for these facilities will occur when a formal development proposal is submitted.
CONSISTENCY: Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
P & Z Board Staff Report
Rezoning from RO and R-1-A to CF for AVDA
Page 3
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.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the applicable objectives and policies are noted.
Section 3.3.2 (Standards for Rezoning Actions): Standards B and C are not
applicable. The applicable performance standard of Section 3.3.2 is as follows:
(A) That a rezoning to other than CF within stable residential area shall be
denied.
(D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new use.
The applicant proposes to expand the existing abused spouse residence to the
west and north within the property to be rezoned. The existing use was
determined to be compatible with the surrounding neighborhood based on
positive findings with respect to the previous conditional use approval. The use
has co-existed peacefully in this neighborhood for more than 10 years. No
compatibility concerns are noted, since the proposed development of the
property is an expansion to the existing use of the property. Furthermore, the
City's Land Development Regulations contain sufficient development standards
to mitigate any adverse impacts generated by the proposed development.
Section 2.4.5(D)(5) (Rezoning Findings):
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 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;
The City changed the zoning of a portion of the subject property in 1990 from
SAD to RO. While the existing use of the property is consistent with the RO
zoning designation, the RO zoning designation is not consistent with the existing
Low Density and Medium Density Future Land Use Map designations. The CF
zoning designation is consistent with both of these land use designations.
P & Z Board Staff Report
Rezoning from RO and R-l-^ to CF for AVDA
Page 4
Consequently, the proposed rezoning is a corrective measure that will make the
zoning designation consistent with the land use designation.
b. That there has been a change in circumstances which make the current
zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property based
upon circumstances particular to the site and/or neighborhood.
As noted in "a" above, the proposed zoning change makes the zoning
designation consistent with the Future Land Use Map designations of the
property. Furthermore, the CF zoning designation is more appropriate for the
property given the adjacent uses in the area. The property located on the north
side of the existing residential facility is the Bar and Fergs Academy (private pre-
school). The expansion of the abused spouse facility is more consistent with this
use than single family or multiple family uses. The residential facility and private
school provide a transition of uses from the single-family homes on the north and
west to the industrial uses on south of Southridge Road.
The subject property is not in a geographical area requiring review by the CRA
(Community Redevelopment Agency) or the DDA (Downtown Development Authority).
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.
The rezoning from RO (Residential Office) to CF (Community Facilities) is corrective in
nature and is consistent with the policies of the Comprehensive Plan and Chapter 3 of
the Land Development Regulations. The rezoning of lot 8, Southridge subdivision will
allow the existing abused spouse facility to expand to the north. The proposed use is
compatible with the adjacent school and vacant lot to the east. Positive findings are
made in the staff report with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings).
A. Continue with direction.
B. Recommend approval of the rezoning request from RO and R-1-A to CF for the
subject property, based upon positive findings with respect to Chapter 3
SC Boca Raton News, Friday, January 8, 1999
TO: DAVID T. HARDEN
CITY MANAGER ~ ~J/L~
THRU: DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: SCOTT PAPE, SENIOR PLANNE~
SUBJECT: MEETING OF JANUARY 5, 1999
REZONING FROM RO (RESIDENTIAL OFFICE) AND R-I-A (SINGLE FAMILY)
TO CF (COMMUNITY FACILITIES) FOR LOT 8 AND LOTS 35 THROUGH 40,
BLOCK 2 SOUTHRIDGE SUBDIVISION.
The subject properties are located west of Swinton Avenue, between Southridge Road and
Sterling Avenue. A portion of the property has been utilized as a group home since 1982. The
proposed rezoning is necessary in order for the existing group home to expand to the west and
north. While the City has not received a formal development application, a conceptual
development plan has been submitted. The conceptual plan indicates the removal of an office
trailer and construction of an additional 9,500 square feet of floor area. This building addition
will be a 2-story facility with a dining hall, kitchen facility, and 16 dormitory rooms. The attached
Planning and Zoning Staff Report contains additional analysis concerning the proposed
rezoning.
At its meeting of December 21, 1998, The Planning and Zoning Board held a public hearing in
conjunction with review of the request. There was no public testimony regarding the request.
After reviewing the staff report and discussing the proposal, the Board voted 5 to 0 (Bird Absent)
to recommend approval of the rezoning from RO and R-1-A to CF, based on 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.
By motion, approve the rezoning from RO and R-1-A to CF for Lot 8 and Lots 35 through 40,
Block 2 Southridge subdivision based on 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:
· Ordinance by Others
, P&Z Staff Report and Documentation of December 21, 1998
LEGAL VERIFICATION FORM
FILE #: 1999~024
PROJECT NAME: AVDA REZONING
LEGAL DESCRIPTION:
Lot 8, Block 2, of Southridge Plat I of 2, according to the plat thereof, as
recorded in Plat Book 13, Page 38, of the Public Records of Palm Beach
County, Florida.
Together With
Lots 35 through 40, inclusive, Block 2, Plat 1 of 2, Southridge, according
to the plat thereof recorded in Plat Book 13, Page 38, of the Public
Records of Palm Beach County, Florida.
SOURCE of Legal Description: SURVEY
VERIFIED BY~ DATE:
VERIFICATION REQUEST NEEDED BY: DECEMBER 23, 1998
LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND
READING:
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY:
LEGAVDA