Ord 05-99 ORDINANCE NO. 5-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-l-AA (RESIDENTIAL SINGLE FAMILY)
DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT;
SAID LAND BEING A PORTION OF THE ST. VINCENT FERRER
CHURCH PROPERTY LOCATED 480 FEET SOUTH OF GEORGE
BUSH BOULEVARD BETWEEN N.E. 8TH AVENUE AND PALM
TRAIL, 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-I-AA (Single Family Residential)
District; and
WHEREAS, at its meeting of January 25, 1999, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at a public hearing and voted
unanimously 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:
Lots 4 thru 8, Replat of Martha's Vineyard, as
recorded in Plat Book 23, Page 123 of the Public
Records of Palm Beach County, Florida.
Together With
Twenty foot (20') platted road right-of-way
abandoned by the City of Delray Beach Resolution
No. 1480, dated April 24, 1964, as recorded in
Official Record Book 1016, Page 123, Palm Beach
County, Florida.
The subject property is located 480 feet south of
George Bush Boulevard, between N.E. 8th Avenue and
Palm Trail; containing 3.4 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conflict herewith be, and the same are hereby repealed.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 16th day of February , 1999.
AJO R
ATTEST:
Citf C~erk
First Reading February 2, 1999
Second Reading February 16, 1999
- 2 - Ord. No. 5-99
N.E. 7~ ST.
OF
DELRA Y
BEACH
81T
N.E. 5~ ST.
WAL -
GREENS o
N.E. 4~ ST. -
N.E. 3RD
N REZONING
~ - PORTION OF Sr. VINCENT FERRER CHURCH Sire
CI~ 0¢ OE~AY BEACH. FL
PLANNIN~ a ZONIN~ DCPAE~ENT FROM: R-I-~ (SINGLE FAMILY RESIDENTS) TO: C? {COMMUNI~ FACILITIES)
I FILE NUMBER: 99-057-REZ-CCAI
PETITION NAME: ST VINCENT FERRER CHURCH
A. City of Delray Beach Comprehensive Plan as Existed on 2-16-99,
B. City of Delray Beach Land Development Regulations as Existed on 2-16-99,
C. City of Delray Beach Zoning District map as Existed on 2-16-99,
D. City of Delray Beach Future Land Use Map as Existed on 2-16-99.
ARE INCLUDED AS DOCUMENTS OF THE PROJECT FILE
1. Diane Colonna Dominguez, AICP, Planning Director 2-16-99
2. Paul Dorling, Principal Planner, A loP, 2-16-99
3. Janet Meeks, Senior Planner 2-16-99
1. City Commission Documentation for the meeting of January 5, 1-0599
1999, initiating a corrective rezoning. '"~
2. Planning and Zoning Board Staff Report for the meeting of January 1-25-99
25, 1999.
3. City Commission Documentation for the meeting of February 2,
1999.
4. Ordinance # 5-99, passed on First Reading on February 2, 1999. 2-02-99
Page 1
IFILE NUMBEF~: ~-0S7-.EZ-CCA I
I .~m~O..^M~: S~ W.C~.~ ~..~. C.U.C.
1. Tax map showing properties within 500' of subject site. 1-12-99
2. List of the name and addresses of all property owners within a 500' 1-12-99
radius of subject site.
3. Public Notice # 99-057-REZ-CCA, mailed January 14, 1999. 1-14-99
4. Special Courtesy Notice to the Neighborhood Association mailed 1-14-99
1-14-99
S:/APPEALS/ST VINCENT
Page 2
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2XlAGER~
SUBJECT: AGENDA ITEM #lO~ - REGULAR MEETING OF FEBRUARY 16, 1999
ORDINANCE NO. 5-99 (CORRECTIVE REZONING FOR A PORTION OF
ST. VINCENT FERRER CHURCH/SCHOOL PROPERTY)
DATE: FEBRUARY 11, 1999
This is second reading and a quasi-judicial public hearing for
Ordinance No. 5-99 which rezones a portion of the St. Vincent
Ferrer church/school property from R-i-AA (Single Family
Residential District to CF (Community Facilities) District.
The entire church property (9.8 acres) was zoned R-l-AA (Single
Family) prior to the Citywide rezonings associated with the
adoption of the Land Development Regulations in 1990. With the
rezoning, the north half of the St. Vincent site was changed to CF
(Community Facilities). The zoning on the southern half (Lots
4-8, Replat of Martha's Vineyard Plat containing approximately 3.4
acres) was not changed at that time apparently because several
residential structures existed on the site. Further, the old
zoning maps only identified the northern parcel as being included
in the church's holdings. This was in error, as the southern half
of the property has been owned and used by the church at least
since the mid 1970's. On January 5, 1999, the City Commission
initiated the corrective rezoning to Community Facilities.
The Planning and Zoning Board considered the rezoning at a public
hearing on January 25, 1999, and voted unanimously to recommend
approval 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.
At first reading on February 2, 1999, the City Commission passed
the ordinance by unanimous vote.
Recommend approval of Ordinance No. 5-99 rezoning a portion of the
St. Vincent Ferrer Church/School property from R-i-AA to CF on
second and final reading, based upon the findings and
recommendation of the Planning and Zoning Board.
ref: agmemol2
PLANNINGAND ZONI'NG BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: January 25, 1999
~AGENDA ITEM: ~V.A.
!ITEM: City Initiated Rezoning From R-1-A (Single Family Residential) to CF
(Community Facilities) For a Parcel of Land Owned by St. Vincent's
Church, Located 480' South of George Bush Boulevard, Between N.E.
8th Avenue and Palm Trail.
GENERAL DATA:
Owner ........................................ S~ons J. Keith - Diocese of Palm Beach
Applicant .................................... Da~ T. Harden, Ci~ Manager
Location ..................................... 48E south of George Bush Boulevard, be~een N.E. 8th Avenue
and Palm Trail.
Prope~ Size ............................. 3.39 Acres
F.L.U.M Designation ................. LD ~ow Densi~ Residential, 0-5 d.u./ac.)
Current Zoning .......................... R-l~ (Single Family Residential)
Proposed Zoning ....................... CF (Communi~ Facilities)
Adjacent Zoning ............... No~h: CF
East: R-I~
South: R-I~
West: R-I~
Existing Land Use .................... T~ single family residences, storage facili~ for the church and
ba~etball coups.
Proposed Land Use ................... Rezoning to accommodate the construction of a school
g~nasium.
Water Se~ice ............................ ~ng on site.
Sewer Se~ice ........................... ~ng on site.
IV.A.
The action before the Board is making a recommendation on a rezoning request from
R-1AA (Single Family) to CF (Community Facilities) for St. Vincent Ferrer
Church/School.
The St. Vincent Ferrerth Church/School property ~s' situated between George Bush
Boulevard and NE 6 Street and between NW 8t~ Avenue and Palm Trail. The property
that is the subject of the rezoning consists of approximately 3.4 acres.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a
recommendation to the City Commission with respect to rezoning of any property within
the City.
The entire church property (9.8 acres) was zoned R-1AA (Single Family) prior to the
Citywide Rezoning associated with the approval of the Land Development Regulations
in 1990, when the northern half the parcel was changed to CF (Community Facilities). It
is believed that the zoning on the southern half of the parcel (Lots 4-8, Replat of
Martha's Vineyard plat containing approximately 3.4 acres) was not changed at that
time as it contains several residential structures, and that the old zoning maps only
identified the northern parcel as being owned by the church. This was an error, as the
southern half of the property has been owned and utilized by the church since at least
the mid 1970's. St. Vincent Ferrer Church wishes to construct a new building on the
southern half of their property, which will include a gymnasium, new facilities for pre-
kindergarten children and a new meeting hall (the existing hall is to be demolished).
These uses would not be permitted under the R-1AA zoning designation. Therefore, a
rezoning to CF is required.
At its meeting of January 5, 1999, the City Commission initiated a corrective rezoning
from R-1AA (Single Family) to CF (Community Facilities) for St. Vincent Ferrer Church
for Lots 4-8 Replat of Martha's Vineyard.
ZONING ANALYSIS:
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the following four areas.
· P&Z Staff Report
Rezoning from R-1AA 'F for St. Vincent Ferrer Church/School .'
Page 2
Future Land Use Map: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use designation.
The current Future Land Use Map designation for the subject property is Low Density
Residential. The requested zoning change is from R-1AA to CF. The proposed zoning
designation of CF is consistent with the Low Density Residential Future Land Use Map
designation. Pursuant to LDR Section 4.4.21(B)(5) churches with attendant uses of day
care, pre-school, educational facilities, and with other normal educational (Sunday
School), recreational, and support facilities are allowed as a permitted use in the CF
zone District.
Concurrency: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Streets and Traffic:
A traffic impact study was not submitted with the request. The current R-1AA zoning
designation generally permits single family dwellings. Palm Beach County Traffic
Performance Standard Ordinance establishes traffic generation rates of 10 ADT per
single family dwelling. Development of the site under the R-1AA zoning would
accommodate 5 single family dwellings generating 50 ADT. No additional trips will be
generated by the change in zoning based on the development proposal for a
gymnasium, which is considered an accessory use to the school/church. Enrollment at
the school will not increase with this proposal.
Water and Sewer:
Preliminary engineering plans were not submitted with the application. However, water
and sewer service is available to the site via existing 8" mains located within Palm Trail.
The addition of a gymnasium and relocation of existing classrooms and meeting
facilities will create little or no impact on meeting this level of service.
Parks and Recreation:
Parks and Recreation dedications do not apply to non-residential developments.
Solid Waste:
The Solid Waste Authority does not object to projects which generate less than 10 tons
of solid waste per year. As the generation rate for a gymnasium as an accessory use to
the school is negligible there will be minimal impact on this level of service.
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 Staff Report
Rezoning from R-1AA ;F for St. Vincent Ferrer Church/School '
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.
Section 3.3.2 (Standards for Rezoning Actions): The applicable performance
standards of Section 3.3.2 and other policies that apply are as follows:
A) That a rezoning to other than CF within stable residential area shall be
denied.
The subject property is located within a neighborhood classified as "Stable" in the
Housing Element of the Comprehensive Plan. The request is for a rezoning to
CF, thereby meeting the above standard.
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.
Parcels adjacent to and near the subject parcel to the south, southeast and
southwest are primarily residential. Parcels adjacent to and near the subject
parcel to the north, northeast and northwest are primarily commercial. The
corrective rezoning will allow the use to be conforming and allow significant
upgrading of the school, which has not experienced any compatibility problems to
date.
Section 2.4.5(D)(5) (Rezonin9 Findings):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
a. That the zoning had previously been changed, or was originally
established, in error;
b. That there has been a change in circumstances which make the
current zoning inappropriate;
c. That the requested zoning is of 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.
·. , .P&Z Staff Report
Rezoning from R-1AA ;F for St. Vincent Ferrer Church/School ·
Page 4
Item "a" above applies in this situation. With the Citywide Rezoning associated
with the approval of the Land Development Regulations in 1990, the entire parcel
(9.8 acres) owned and utilized by St. Vincent Ferrer Church should have been
zoned to CF. Therefore, the rezoning was established in error. The change in
zoning will allow the existing land use to be conforming in the zoning district.
Compliance with Land Development Regulations: The proposed use is to be in
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.
As the request is a City initiated corrective rezoning, a formal site plan has not been
submitted for review.
The rezoning is not in a geographic area requiring review by either the HPB (Historic
Preservation Board), DDA (Downtown Development Authority) or the CRA (Community
Redevelopment Agency).
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property.
Courtesy Notice:
Courtesy notices have been sent to the following homeowner's and civic associations.
Fred Ebner Kevin Hall
North Palm Trail Palm Trail Association
Alex Speer Alexa McGrady
North Palm Trail La Hacienda Association
Sherry Hillman Frank Devine
Palm Trail Association Beach Property Association
Letters of objection or support, if any, will be presented at the P & Z Board meeting.
.P&Z Staff Report
Rezoning from R-1A/~ ;F for St. Vincent Ferrer Church/School ' '
Page 5
The proposed rezoning of the subject property from R-1AA to CF is corrective and will
allow existing and proposed uses to be consistent with the existing land use. It will
accommodate the upgrading of facilities associated with the existing school and church.
The CF zoning district is consistent with the LD FLUM designation. Required positive
findings with respect to Section 2.4.5(D)(5) (rezoning Findings), Section 3.1.1, and the
performance standards of Section 3.3.2 can be made. Based on the above, the
proposed rezoning from R-1AA to CF is recommended for approval.
A. Continue with direction.
B. Recommend rezoning of the subject property from R-1AA to CF for St.
Vincent Ferrer Church, based on positive findings with respect to Section
2.4.5(D)(5) (rezoning findings), Section 3.1.1, and the performance
standards of Section 3.3.2.
C. Recommend denial of a rezoning, based on a failure to make positive
findings to LDR Section 2.4.5(D)(5) with reasons stated.
Recommend approval of the corrective rezoning for Lots 4-8, Replat of Martha's
Vineyard from R-1AA (Single Family) to CF (Community Facilities) for St. Vincent Ferrer
Church/School, based upon positive findings with respect to Section 3.1.1 (Required
Findings) and Section 3.3.2 (Standards for Rezoning Actions) of the Land Development
Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5).
Attachments:
* Location Map
7:~ pm. on TUESDA% ~bma~ 16,
1~ (or a any ~nuafion oi such
~n~ wh~h is ~ ~ ~e Commis-
sion), in ~ ~ ~mmi~ion Ch~-
Oon. ~e propo~ ordma~es ~y
~y ~ch, Flod~, ~n t~ houm
of 8:~ ~.m. ~nd 5:~ pm., Money
· ~gh Fd~y, e~pt holidays.
and ~ h~ ~ r~ to ~
~ ORDINANCE ~ THE Ct~ COM*
MISSION OF THE C~ OF DELRAY
~CH, FLORIDA, R~ONI~ AND
~CiNG ~ND PRESE~LY ZONED
R-I-~ (RESlDE~I~ SINGLE F~-
IL~ DISTRICT IN ~E CF (COMMU-
~ ~ING A ~RTION OF TH~ S~
~NCE~ ~RRER CHURCH PROP-
ER~ L~A~D 4~ ~ SO~H OF
GEORGE ~USH BOUL~ARD
B~EN NE 8TH A~NUE AND
PALM ~IL, AS MORE PART{CU-
~LY DESCRIBED HEREIN:
AMENDING "ZONING MAP OF DEL-
VID~NG A GENE~ ~LER
C~USE, A ~VING C~USE, ~D
AN E~TI~
~ ORB~NANCE OF ~E ~
MIniON OF THE C~ OF DEL~Y
B~CH, FLORIDA, C~G~NG TH~
F~URE ~ND USE MAP DESlGNA
TION FROM LD (L~ DENS~ RES-
IDE~{AL~ TO CF-P(COMM~NI~
FACILITIES - ~BLIC BUILDINGS),
~D ZONING FROM R4
F~ILY RES~DE~I~) D~STRICT
~ (COMMUN~ FACIL~ES) DIS-
~1C3, FOR A PARCEL ~ ~D
LOCA~D ON THE ~T SIDE OF
S.W. 2ND A~NUE B~EEN SW.
~ S~E~ AND S.W. ~ STRS~,
~ T~ ~E IS MORE PA~ICU-
~RLY ~SCRIBED H~REIN; E~CT-
~NG TO ~OCE~D UNDER THE
G~ H~RING ADO~IDN ~ESS
FOR SMALL SCALE ~ND USE P~N
~ENDME~S; AND AMENDING
"ZONING MAP OF DELRAY B~CH,
FLORIDA, 1~": PROVIDING A
GENE~L REP~LER C~USE, A
~VING C~USE, AND AN
~ ORO~NCE ~ THE CI~ C~'
MINION OF THE C~ OF DELRAY
B~CH, FLORIDA. (C~NGING THE
~URE ~ND U~ MAP OES{G~
TION FROM LD (LOW DEN5~ RES-
IDE~IAL) TO CF-P {COMMUNI~
~IL[T{ES - PUBLIC BUILDINGS),
~D R~ONING ~OM R-1-A (SIN-
G~ FAMILY RESIDE~IAL) DIS-
~tCT TO CF (C~MUN[~
~ES) DI~I~, FOR A PARCEL OF
~ND L~A~D ON T~ ~T SiDE
OF S.W. 2NO A~NUE B~EN
S.W. 6TH STRE~ AND S.W. ~H
~E~, ~ ~E ~ME IS MORE
P~ICU~LY OESCRIBEO HERE-
IN; E~CTING TO PR~D UNDER
~E SING~ H~R)~ ~O~lON
~ESS ~R SM~L S~E ~ND
USE P~N AMENDME~S; AND
~ENDING *'ZONING MAP ~ DEL-
~Y B~H, FLORIDA, 1~"; PRO-
VIDING A GENE~ RE~R
C~USE, A ~VI~ C~USE, ~D
~gs, s~ ~n m~ ~d to
~ ~ d~ not pm~e nor prepare
~ ~rd. P~m~ to FS
C~ ~ ~Y ~H
N~n M~or ~
C~
TO: DAVID T. HARDEN
CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR~,~L ~v~~
DEPARTMENT OF~ ~ AND ZONING ~ /'
FROM: JA~ MEEKS, SENIOR PLANNER
SUBJECT: MEETING OF FEBRUARY 2, 1999
CORRECTIVE REZONING FROM R-1AA (SINGLE FAMILY) TO CF
(COMMUNITY FACILITIES) FOR 3.4 ACRES OF THE ST. VINCENT FERRER
CHURCH/SCHOOL PROPERTY SITUATED BETWEEN GEORGE BUSH
BOULEVARD AND NE 6'" STREET AND BETWEEN NW 8'' AVENUE AND
PALM TRAIL.
The entire church property (9.8 acres) was zoned R-1AA (Single Family) prior to the Citywide
rezoning associated with the approval of the Land Development Regulations in 1990, when the
northern half of the site was changed to CF (Community Facilities). It is believed that the zoning
on the southern half (Lots 4-8, Replat of Martha's Vineyard plat containing approximately 3.4
acres) was not changed at that time as it contains several residential structures, and that the old
zoning maps only identified the northern parcel as being included in the church's holdings. This
was an error, as the southern half of the property has been owned and utilized by the church
since at least the mid 1970's. At its meeting of January 5, 1999, the City Commission initiated
the corrective rezoning to CF. Additional background and an analysis of the request are found in
the attached Planning and Zoning Board Staff Report.
At its meeting of January 25, 1999, the Planning and Zoning Board held a public hearing in
conjunction with review of the request. There was no public testimony regarding the rezoning.
After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend
approval of the rezoning from R-1AA to CF for St. Vincent Ferrer Church, 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.
,
By motion, approve the rezoning from R-1AA to CF for St. Vincent Ferrer Church based upon
the findings of the Planning and Zoning Board, and setting a public hearing date of February 16,
1999.
Attachments: P& Z Staff Report and Documentation of January 25, 1999 5'/" ~~~'J~
LEGAL VERIFICATION FORM
FILE #: 99-057
PROJECT NAME: ST VINCENT FERRER CHURCH
LEGAL DESCRIPTION:
Lots 4 thru 8, Replat of Martha's Vineyard,/~ recorded in Plat Book 23,
Page 123 of the public records of Palm Beach County, Florida.
Together With
Twenty foot (20') platted road right-of-way abandoned by.,the City of
Delray Beach Resolution No 1480, dated April 24, 1964,~,fecordedt~' in
Official Record Book 1016, Page 123, Palm Beach County, Florida,
SOURCE of Legal Description:
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY: JANUARY 28, 1999
LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND
READING:
VERIFIED BY: ~ DATE: "/2..~1//~ ~
VERIFICATION REQUEST NEEDED B~f:
LEGWATER