Ord 11-99 ORDINANCE NO. 11-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED A (AGRICULTURAL) DISTRICT IN THE
RM-8 (MEDIUM DENSITY RESIDENTIAL/8 UNITS PER ACRE)
DISTRICT; SAID LAND BEING LOCATED ON THE NORTH SIDE
OF OLD GERMANTOWN ROAD, IMMEDIATELY EAST OF SPANISH
WELLS CONDOMINIUM, AS THE SAME IS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER
!t 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 A (Agricultural) District; and
WHEREAS, at its meeting of February 22, 1999, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered an application for rezoning 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 RM-8 (Medium Density
Residential/8 units per acre) District for the following described
property:
That part of the West 1/2 of the East 1/2 of the
Southeast 1/4 of the Northeast 1/4 of the Northeast
1/4 of Section 25, Township 46 South, Range 42
East, lying North of the North right-of-way line of
Germantown Road (now Old Germantown Road), County
of Palm Beach, Florida.
The subject property is located on the north side
of Old Germantown Road, immediately east of Spanish
Wells Condominium; containing 1.415 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 I 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conflict herewith be, and the same are hereby repealed.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 March 1999.
ATTEST:
~ City CY~rk' -
First Reading March 2, 1999
Second Reading March 16, 1999
- 2 - Ord. No. 11-99
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S.W. 24TH LN. GENDA WAY
C A N A L
N WINTER REZONING
OTY 0t' I)~LRAY BEACH, FL FROM: A (Agricultural) TO: RM (MEDIUM DENSITY RESIDENTIAL)
[~.ANNIN(; & ZOI~IIN[~ DEPARTM£NT
MEMORANDUM
TO: MAYOR Ai~D CITY COMMISSIONERS
FROM: CITY i~Iq'AGER~
SUBJECT: AGENDA ITEM /~' - REGULAR MEETING OF MARCH 16, 1999
ORDINANCE NO. 11-99 (REZONING FOR PROPERTY LOCATED ON
THE NORTH SIDE OF OLD GERMANTOWN ROAD)
DATE: MARCH 12, 1999
This is second reading and a quasi-judicial public hearing for
Ordinance No. 11-99 which rezones a 1.415 acre parcel of land
from A (Agricultural) to RM-8 (Medium Density Residential/ 8
units per acre). The subject property is located on the north
side of Old Germantown Road, immediately east of the Spanish
Wells Condominium.
In February, 1997, the owner of the property requested rezoning
from Agricultural to RM to construct 17 townhomes at a density of
12 units per acre. The Planning and Zoning Board recommended the
rezoning be approved with a density suffix of 8 units per acre,
which would have permitted a maximum of 11 units. The applicant
subsequently withdrew the rezoning application. The new owner of
the property is requesting rezoning from A to RM in order to
construct an 11 unit townhouse development (11 units per acre).
Additional background and an analysis of the request are included
in the attached Planning and Zoning Board staff report.
The Planning and Zoning Board considered the rezoning request at
a public hearing on February 22, 1999. Mr. Bruce Steinhardt,
President of Rabbit Hollowe Homeowners Association, voiced
concerns regarding density and compatibility with surrounding
residential uses, traffic, aesthetics and landscaping. The
applicant's agent stated that the proposed development will be
upscale, consisting of 2,000 sq.ft, units (mostly 3 bedrooms)
with garages. The Board felt the request was reasonable and
voted unanimously to recommend approval of the rezoning to RM,
subject to a density suffix of 8 units per acre.
At first reading on March 2, 1999, the Commission passed the
ordinance with a 4 to 0 vote.
Recommend approval of Ordinance No. 11-99 rezoning the subject
property to RM-8, based upon the findings and recommendation of
the Planning and Zoning Board.
ref:agmemol5 ~ ~--O
iI
PLANNING AND ZONING BOARD-
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: February 22, 1999
AGENDA ITEM: V.B.
ITEM: Re. zoning from A (Agricultural) to RM (Medium Density Residential) for a
parcel of land located on the north side of Old Germantown Road, east of
the Spanish Wells Condominium.
LINTON BOULEVARD'
PARK ~ ~ ~ ~ D~ RAY
GENERAL DATA:
Owners .......................................... Bruce Winter & Connie Araps
Applicant ........................................ Bruce Winter
Agent ............................................. Ron Lasota
Location ......................................... North side of Old Germantown Road, east of Spanish Wells
Condominium
Property Size ................................. 1.41 5 Acres
Future Land Use Map .................... Medium Density (5-12 d.u./ac)
Current Zoning .............................. A (Agricultural)
Proposed Zoning ........................... RM (Medium Density Residential)
Adjacent Zoning ................... North: RM
F_ast: A
South: A & R-l-AAA (Single Family Residential)
VVest: RM
Existing Land Use ......................... One-story single family residence.
Proposed Land Use ....................... Rezoning to RM to accommodate the construction of an 11-unit
townhouse development with associated parking and landscaping.
Water Service ................................ Available via a connection to an existing 12" water main along Old
Germantown Road.
Sewer Service ............................... Available via a connection to an existing 4" force main along Old
Germantown Road.
The action before the Board is making a recommendation on a rezoning request
from A (Agricultural) to RM (Multiple Family Residential - Medium Density).
The subject property is located on the north side of Germantown Road,
approximately 1,240 feet west of Homewood Boulevard.
Pursuant to LDR 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 subject property is an unplatted 1.415 acre parcel of land containing an
existing single family home. The site was annexed into the City in 1988 with
initial zoning of ART (Agricultural Residential Transitional). The ART was applied
as a holding zone for properties annexed to the City to allow existing agricultural
uses to continue. With the citywide rezonings and adoption of the Land
Development Regulations in October, 1990, the property was rezoned to A
(Agriculture).
At its meeting of April 14, 1997, the Planning and Zoning Board held a public
hearing in conjunction with the review of a request to rezone the property from A
to RM (Multiple Family Residential - Medium Density) in order to construct 17
townhomes. Public testimony was taken and concerns were expressed with
respect to the requested density, traffic congestion, aesthetics, and landscaping.
Subsequently, the Board recommended that the rezoning be approved with a
density suffix of 8 units per acre, thereby permitting a maximum of 11 units.
On May 20, 1997, the City Commission passed the ordinance on first reading by
unanimous vote for the purpose of scheduling the formal public hearing.
However, prior to the second reading, the applicant elected to withdraw the
application.
A rezoning request has been submitted by the new owner of the property for the
same zoning classification (RM) which is now before the Board for action.
The proposal is to rezone the subject parcel from A to RM. The rezoning is
being requested in order to construct 11 townhouse units, which equates to a
density of 8 units per acre.
P&Z Staff Report
Rezoning from A to RM (Winter Rezoning)
" 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
the following four areas.
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 MD
(Medium Density Residential, 5-12 du/ac). The requested rezoning change is
from A to RM. The proposed zoning designation of RM is consistent with the
Medium Density Residential Future Land Use Map designation. Pursuant to
LDR Section 4.4o6(B) single and multiple family developments are permitted
within the RM zone district. Thus, a positive finding can be made with respect to
Future Land Use Map consistency.
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 the levels of
service established within the Comprehensive Plan.
Streets and Traffic:
A traffic impact study was submitted with the request. The existing use of the
property is one single family home, which generates 10 ADT (Average Daily
Trips). The maximum number of units under the proposed RM designation is 16,
which would generate 112 ADT (7 trips x 16 attached residential housing units).
Thus, there is a net potential increase of 102 ADT with the rezoning. If the
property is developed as proposed, with 11 units, 77 ADT will be generated.
Water and Sewer:
Water service is available to the site via a 12" main located in Germantown
Road. The City's Sewer Atlas indicates the nearest sewer facility is an 8" sewer
main located within the Spanish Wells condominium north and west of the site.
P&Z Staff Report
Rezoning from A to RM (Winter Rezoning)
Page 3
Submittal of engineering plans addressing provision of water and sewer services
will be further addressed with the site plan process.
The rezoning from A to RM will generate an increase in water and sewer
demands, however, there is adequate capacity at the existing water and sewage
treatment facilities to handle those demands. Also, the Comprehensive Plan
states that adequate water and sewer capacity exists to meet the adopted LOS
(Level of Service) at the City's buildout population based on the current MD
Future Land Use Map designation.
Parks and Recreation:
The Delray Beach Comprehensive Plan Parks and Recreation Element indicates
that the City meets the adopted level of service for parks and recreation facilities
for the ultimate build-out population of the City. Thus, a positive finding can be
made to this level of service. In addition, pursuant to LDR Section 5.3.2(C)(1),
whenever a development is proposed upon land which is not designated for park
purposes in the Comprehensive Plan, an in-lieu fee of $500.00 per dwelling unit
will be collected prior to issuance of building permits for each unit.
Solid Waste:
The proposed 11 unit townhouse development will generate 8.8 tons (11 units x
.8 tons) of solid waste per year. The existing single family home generates 1.99
tons of solid waste per year. The maximum development potential of 16 units
would generate 12.8 tons per year. The proposed townhouse project would
result in an increase in solid waste generation, however, capacity exists to
handle the increase.
Consistency: Compliance with the performance standards set forth in
Section 3.3.2 (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.
Section 3.3.2 (Standards for Rezoning Actions): The applicable
performance standards of Section 3.3.2 and other policies which apply are
as follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and
P&Z Staff Report
Rezoning from A to RM (Winter Rezoning)
Page 4
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new
use.
Provided below is a listing of uses and zoning designations surrounding the
subject parcel:
The 11 unit townhouse development is proposed at 8 du/ac, which is less than
the maximum allowed density under the RM designation. The RM zone district
provides a residential district with flexible densities having a base of six (6) units
per acre and a range to twelve (12) units per acre.
Pursuant to LDR Section 4.4.6(H) density may exceed the base of six (6) units
per acre only after the approving body makes a finding that the project has
substantially complied with the performance standards of LDR Section 4.4.6(I).
The density for a specific RM development may be further limited by a numerical
suffix affixed to the designation and shown on the zoning map.
To assure maximum compatibility with adjacent densities, the Board may want to
apply a suffix to the zoning designation to a density similar to that of Spanish
Wells (8 units per acre) which directly abuts this development to the west and
north.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of
Section 3.1.1, the City Commission must make a finding that the rezoning
change fulfills one of the reasons for which the rezoning change is being
sought. These reasons include the following:
a) That the rezoning 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;
P&Z Staff Report
Rezoning from A to RM (Winter Rezoning) _
Page 5 ,-
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.
The applicant submitted a justification statement as a part of the rezoning
application. The statement indicates that the applicable reason is "c". The
justification statement is summarized below:
The Agricultural Zone District (A) serves as a holding zone designation.
At this time the property owner desires a zoning compatible with the land
use of multifamily residential. The change to RM from A would also
create a more compatible zoning with adjacent properties.
Comment: This justification is correct, as agricultural uses are not envisioned for
the long term on this property, given the surrounding housing developments.
The underlying land use allows for a zoning designation that will accommodate a
multiple family residential use, which is consistent with the development pattern
to the north, east, and west of the site.
The requested zoning is consistent with the Future Land Use Map designation
(Medium Density Residential), however, as previously stated compatibility
concerns are noted if density were established at the maximum density of 12
units per acre. The proposal calls for construction of 11 units at a density of 8
du/ac. Application of a density suffix may be appropriate to ensure compatible
future development of the site.
COMPREHENSIVE PLAN
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and the following policies are noted.
Future Land Use Element Policy A-1.1 (Medium Density Residential) This
designation is applied to land which...is to be developed, at a density of
five to twelve units per acre. Such land is usually developed in planned
communities or exists in older areas where there are duplexes and
condominiums. Home ownership is characteristic of this designation.
Where this designation exists, uses other than those which are residential
in character shall not be considered.
The proposed housing type, townhouse units, is consistent in terms of
surrounding residential properties, which consist of single family residences,
apartments and condominiums:
P&Z Staff Report
Rezoning from A to RM (Winter Rezoning)
Page 6
Spanish Wells Condominium: 8 du/ac.
Oakmont Subdivision: 2.35 du/ac.
Rabbit Hollowe Subdivision: 1.23 du/ac.
Verona Woods Subdivision: 2.35 du/ac.
Crosswinds Planned Residential
Development (overall): 9.95 du/ac.
Crosswinds Subdivision: 4.14 du/ac.
Summit Properties Apartments: 17.7 du/ac.
Crosswinds Condominiums: 8 du/ac.
The proposed density of 8 units per acre is in keeping with the housing densities
in the area.
Housing Objective B-2 Redevelopment and the development of new land
shall result in the provision of a variety of housing types which shall
continue to accommodate the diverse makeup of the City's demographic
profile~
The property is surrounded by the Spanish Wells condominium development to
the north and west. single family residences to the south, and an apartment
complex and single family home to the east. The proposed project calls for
townhouse units which do not exist within the surrounding developments, and
thus will achieve the above listed objective by providing a variety of housing
types in the immediate area. This item will be addressed with the site plan
submittal.
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.
No site plan has been submitted for this proposal. While the requirements of the
Land Development Regulations will be reviewed at site plan, the following
comments are provided.
LDR Section 4.3.3(0) Townhouse and Townhouse Type of Development:
The setback and design requirements for this townhouse development will be
addressed at the time of site plan review. Also, per LDR Section 4.3.3(0)(2),
each townhouse, or townhouse type, development shall be platted with a
P&Z Staff Report
Rezoning from A to RM (Winter Rezoning)
Page ?~
minimum designation of the interior street system as a tract. When the dwelling
units are to be sold, each such unit must be shown on the plat.
LDR Section 4.4.6(H)(1) Special Regulations (Density):
A minimum density of six units per acre is established for duplex and multiple
family housing projects within this district. Density may exceed the base of six
units per acre only after the approving body makes a finding that the project has
substantially complied with performance standards as listed in 4.4.6(I). In no
event shall a development's total density exceed 12 units per acre. The density
for a specific RM development may be further limited by a numerical suffix
affixed to the designation and shown on the zoning map. Staff recommends that
a suffix of 8 units per acre be applied to this property.
LDR Section 4.4.6(I) Performance Standards:
In order to increase a project density beyond six (6) units per acre, the approving
body must make a finding that the development substantially complies with the
performance standards listed in this section. The intent of the standards is to
mitigate the impacts of the additional density both internal and external to the
site. The extent to which a project meets the standards will determine the
number of units per acre that will be permitted.
The performance standards used to evaluate multifamily developments pertain to
traffic circulation, building design and layout, streetscape and landscaping, and
open space. Given the size of the subject parcel and the type of development
proposed, some of the standards may not be applicable. These performance
standards will be reviewed at site plan.
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.
Special courtesy notices have been sent to:
P&Z Staff Report
Rezoning from A to RM (~'/inter Rezoning)
Page 8
[] Oakmont Homeowners Association
[] Crosswinds Homeowners Association
[] Foxe Chase Homeowners Association
[] Andover Homeowners Association
[] Rabbit Hollowe Homeowners Association
Fi Spanish Wells Condo Association
~ Progressive Residents of Delray
Q United Property Owners
Fi Presidents Counoil
Letters of objection, if any, will be presented at the P & Z Board meeting.
The proposed rezoning of the subject propeAy to RM is consistent with the
propeAy's Future Land Use Map designation of Medium Densi~ Residential (5-
12 du/ac). The propo~l is to construct 11 townhouse units (8 du/ac), which is
under the maximum allowed density under the RM district (12 du/ac). To ensure
compatibility with adja~nt residential uses it is recommended that a density
suffix of 8 units per ac:e, similar to the densi~ of the abusing Spanish Wells
condominium development, be applied to this prope~y. If the rezoning is
approved, a site plan, landscape plan, and engineering plans consistent with the
requirements of the La~d Development Regulations will be submi~ed for review
by staff, and considera~an by the Site Plan Review and Appearance Board.
With the application of a density su~x the required positive findings with respect
to Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1, the pe~ormance
standards of Section 3.3.2, and policies of the Comprehensive Plan can be
made. Based on the above, the proposed rezoning of the subject properly to
RM with a densi~ of 8 du/ac is recommended for approval.
A. Continue with dim~n.
B. Recommend rezoning of the property from A to RM based on positive
findings with respe...-'t to Section 2.4.5(D)(5) (Rezoning Findings), Section
3.1.1, Section 3.3.2 (Standards for Rezoning Actions), and Comprehensive
Plan policies.
P&Z Staff Report
Rezoning from A to RM ~\Mnter Rezoning)
Page 9
C. Recommend rezoning of the property from A to RM-8, based on positive
findings with respect to Section 2.4.5(D)(5) (Rezoning Findings), Section
3.1.1, Section 3.3.2 (Standards for Rezoning Actions), and Comprehensive
Plan policies.
D. Recommend denial of a rezoning, based on a failure to make positive
findings with respect to Section 2.4.5(D)(5) (Rezoning Findings), Section
3.1.1, Section 3.3.2 (Standards for Rezoning Actions), and Comprehensive
Plan policies.
Recommend approval of the rezoning request from A (Agricultural) to RM
(Multiple Family Residential - Medium Density), with a density suffix of 8 units per
acre, based upon positive findings with respect to 3.1.1 (Required Findings),
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
· Zoning Map
· Survey
F~bbit Hollowe Homeowners Association
' ,'~, . ~ ; 2140 Rabbit Holl~e Circle
-. ........ Delray ~ach, FL 33445
Februa~ 23,1999
HonorAble Mayor And Ci~ ~mmissionem
Ci~ of Delray Beach
1~ NW 1 = Avenue
Delray ~ach, FL 33444
Subje~:: ~nter Appli~tion for Rezoning, No~h Side of Old Germant~n Road
Gentlemen:
The ~bbit Holl~ Home.nero' ~sociation (RHHOA) is a 35 member ~sociation of private
dwellings whose entran~ and prope~ is dimply across Old Germant~n Road (on the south side)
from the pardi which the appli~nt seeks to r~one, The mquesmd change is from ~ricultural m
Medium ~nsi~ residential. The p~r~l me~ures 1.415 acres; ~e proposal is to build out ~t 8
du/acm, for a to~l ~ 11 uni~.
On Februa~ ~, 1999 the ~anning and Zoning Board appr~d, ~er our ~i~d opposition, the
appli~n~ r~uest to RM with a densi~ of 8 alu/acre.
RHHOA does not oppose the r~oning to RM. It d~s h~ever emphati~lly op~se any densi~ limit
in ~ss of 7 du/acre for =~1 m~imum of 9 du for the site in ques~on.
The repons for ~e RHHOA position am ~ foll~:
In~mpatibil~ with surrounding developmen=: P & Z's re~mmended densi~ of 8 du/acre for the
subj~ prope~ ~uld intmdu~ a signifl~nt in~mpatibil~ with, and de~Aure from, the densities
all~ed for the surrounding d~elopmen~ whose only a~ss is Old Germ=ntown Road. P & Z
seemed to focus only on the densi~ of other propeAies on the noah side of the mad rather than ~e
to~li~ of the area. Unlike the subje~ prope~, both Spanish Wells And Cro~winds have dim=
a~ss to Linton Boulevard, And their higher densities am no doubt dire~ly~elated to their proximi~
And dependen~ on this major thoroughfare.
To aggravate the situation, adja~nt to the subje~ prope~ are ~ par~ls which together are about
the same size ~ the subje~ prope~, and, like it, have entmn~ and egress only ~ way of Old
Germant~n Road. If the r~mmended 8 d~acm were to be appr~ed ~r the subje~ pardi, it
would be viAu=lly impossible ~ deny like =ppr~l ~ ~ese ~ p=r~ls, resulting in even fuAher
disruption to the ~mpatibili~ of the neighbor hood.
Aggravation of traffic problems: Old Germant~n ~ad is n~ viAually fully developed. To the west,
from the Blood Groves pm~ to Mili~Trail and b~nd, hea~ development is either ~mpleted
or unde~ay. ~ a result there h~ been a ve~ subs~ntial incm~e in the densi~ ~ vehicular traffic
along Old Germantown Road. This, ~upled with incre~ed traffic to and from ~i~ Depot and
Omh=rd View Elemen~ School h~ ~used a signifi~nt change to the ~affic fl~ on Old
Germantown Road. Likewise there h~ been an incre~e in pedestrian traffic, ~er =nd able the
numerous walkem and joggem who use the road. I~hould also be noted that a~ss to the subje~
pmpe~ will be dimply across from an ~isting Palm Beach ~un~ School Distri~ bus stop Io~ted
at the entran~ to Rabbit Holl~e. RHHOA is ~n~rned that the resulting incre~e in traffic will only
enhan~ the in~nvenien~ And danger ~ i~ membem =nd others, including school children, for
whom Old Germantown Road pr~ides the only a~ss to their homes.
Estheti~ and ~nds~ping: RHHOA is ~n~rned that this small pardi, at the re~mmended densi~
may have the chara~er of a ~ncmte slab made up primarily of parking spa~s, m~ and buildings,
presenting an unattractive aspect to neighbors and passersby. As such it would indeed be
incompatible with its surroundings.
The P & Z Recommendation: Its conclusion is arbitrary and unreasonable and rests solely on the so
called compatibility with surrounding developments on the north side of the road not considering the
south side of the road nor the fact that this property only will have access via Old Germantown Road,
We would also like to respectfully remind the City Commission that a prior filing for the rez~ning of this
property lead to avote of RM with a maximum of 6 du/acre. This determination was subsequently
withdrawn at the request of the then applicant.
Taking into all of the above reason, the RHHOA urges the Mayor and Commissioners, if they approve
the rezoning to RM, to do so with the express limitation of a maximum density of 7 du/acre for a total of
9 du for the subject property.
Respectfully submitted,
Rabbit Hollowe Homeowners Association
Brace C. Steinhardt
President
Boca Raton News, Friday, March 5, 1999 7C
A PUBUC HEARING MIl be held o. ~e
folk:~i~ propomd onilnanc~s ~t ?:00
Ip.m. on TUESDAY, ~ 16. 1999
100 N.W. 1st
· ~t Cl~y I.~dl, 100 N.W. ~t Av~nue..De~-
; of 8.'00 a.m. and 5:O0,p.m.,
: mrouoh Frmy, exc~,.~o.~ys,.
and be herod w~ res, Dect to U~e pn~
AN ORDtNANCE OF'fNE crTY
MISSION OF'tHE cn~ OF DELRAY
BEACH, FLORIDA, REZONING AND
PLACING LAND P'flE,.~G,ly~.Y Z(~IED
A ~,GRICULTURAI.) D/STRICT IN
'n'lE RM-8 (MEDIUM Q~NSf'TY RESIo
DI~UNITS I:~R~ACRE) DIS-
TR~'"T; SA}o LAND BE1NG LOCATED
ON THE NORTH SiDE ~ OLD GER-
MAHTOWN ROAD, IMI~EDIATELY
.EAST OF SPANISH W~U.S CONDO-
MINiUM, AS THE SAJVi~ 16 MORE
PARTICULARLY DESCRISED HERE-
tN; AMENDING "'ZONING MAP OF
DELSAY BEACH, FLORIDA, 1994":
P~OVIDING A GENEPJtL REPF. AJ.ER
E~ DATE.
MID~IOR OF,THE CFTV OF DELRA¥
:T:ION 4.6.3, ',ACCESS REQUIRE-
MENTS SUB~cCTION 5.3,1 (FI,
SECT1ON 6,'i.~, "SIREET DESIGN",
AND SECTION ,6.1.4, "DRIVEWAYS
/~ID POIh'T'S OF ACCESS" OF THE
LANO DEVI~.OPMENT REGULATIONS
(~,THE CITY.OF DELRAY BEACH, TO
CLARIFY AND CONSOLIDATT PUBLIC
iNFRASTRUC'OJRE REQUIREMENTS
AND OBLIGA'CIONS FOR SrTE DEVTL-
Ofll~; PflOVIDING A GENERAJ.
REF~cALER CLAUSE, A SAVING
co,usE AN~ E~=~-C'r~ DATE.
AN ORDI~ OF THE CITY COM-
MISSION OF"~RE CrTY OF DELRAY
BEACH, FLOR'IDA, AMENDING THE
LANO O~OF~VtEh~ REGULA'nONs
OF ~ CITY"~= DELRA¥ BEACH, BY
AMENDING C_I.~,A PTE R THREE,
FORMANDE STANDARDS", TO CON-
FORM wt'rH ~HE OBJECTIVES AND
POUC .ISS OF'"fHE EVALUATION AND
AP~:'~,~SAt. '~EPO~ (EAR) eASED
CONtPREHENStV~ pC~r,~: PFIDVlO~NG
A GENERAL ~EP~dU..ER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVT~
DATE.
to any ma~ter conMdemd ~t them
'~'
~ ~03~
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNING AND ZONING ,,~vv ~
FROM: CLAIRE LYTE-GRAHAM,~ANNE~~ ~ '--~"
SUBJECT: MEETING OF MARCH 1, 1999
REZONING FROM A (AGRICULTURAL) TO RM (MEDIUM DENSITY
RESIDENTIAL) FOR PROPERTY LOCATED ON THE NORTH SIDE OF OLD
GERMANTOWN ROAD, EAST OF THE SPANISH WELLS CONDOMINIUM
The action requested of the City Commission is that of approval on first reading of an ordinance
rezoning a 1.415 acre parcel from A (Agricultural) to RM (Medium Density Residential). The
subject property is located on the north side of Old Germantown Road, east of the Spanish
Wells Condominium.
In February, 1997, the owner of the subject property submitted a petition to rezone the parcel
from A to RM to construct 17 townhomes at a density of 12 units per acre. At its meeting of
April 14, 1997, the Planning and Zoning Board recommended that the rezoning be approved
with a density suffix of 8 units per acre, thereby permitting a maximum of 11 units. On May 20,
1997, the City Commission passed the ordinance on first reading by unanimous vote for the
purpose of scheduling the formal public hearing. However, prior to the second reading, the
applicant elected to withdraw the application.
The new owner is requesting the rezoning of the property from A to RM in order to construct an
11-unit townhome development (8 units per acre). Additional background and an analysis of the
request are found in the attached Planning and Zoning Board Staff Report.
At its meeting of February 22, 1999, the Planning and Zoning Board held a public hearing in
conjunction with review of the rezoning. Public testimony was taken from Mr. Bruce Steinhardt,
President of Rabbit Hollowe Homeowners Association, who voiced concerns regarding density
and compatibility with surrounding residential uses, traffic, aesthetics, and landscaping. Mr.
Ron Lasota, the agent, stated that the proposed townhouse development will be upscale,
consisting of 2,000 sq. ft. units (mostly 3 bedrooms) with garages. The Board felt that the
request was reasonable, and after a discussion unanimously recommended approval on a 6-0
vote, subject to a density suffix of 8 units per acre.
By motion, approve on first reading the ordinance for the rezoning from A (Agricultural) to RM-8
(Medium Density Residential, 8 units per acre), and setting a public hearing date of March 16,
1999.
Attachments: .Z] 15'f'
· ' P &Z Staff Report of February 22, 1999 ~~~1~1~ ',j~'~
,e Ordinance by Others --0