Ord 19-99 I I
ORDINANCE NO. 19-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACING NINE (9) PARCELS OF LAND
PRESENTLY ZONED RM (MULTIPLE FAMILY MEDIUM DENSITY/6-12
DWELLING UNITS/ACRE) TO RL (MULTIPLE FAMILY RESIDENTIAL LOW
DENSITY/6 DWELLING UNITS/ACRE); SAID LAND BEING GENERALLY
LOCATED SOUTH OF LAKE AVENUE SOUTH BETWEEN U.S. HIGHWAY NO. 1
AND N.E. 8TM AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; ALL
AS REQUIRED TO IMPLEMENT PROVISIONS OF THE NORTH FEDERAL
HIGHWAY REDEVELOPMENT PLAN AS PREVIOUSLY ADOPTED BY THE DELRAY
BEACH CITY COMMISSION; AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
~q-IERF~S, on March 16, 1999, the Delray Beach City Commission
adopted the North Federal Highway Redevelopment Plan;
~HEREAS, in accordance with the adopted North Federal Highway
Redevelopment Plan, certain parcels of land were to be rezoned from RM
(Multiple Family Residential - Medium Density) were to be rezoned to RL
(Multiple Family Residential - Low Density) to conform with the
provisions of the adopted plan; and
~gHEREAS, at its meeting of May 17, 1999, the Planning and
Zoning Board, as Local Planning Agency, considered this item at a public
hearing and voted unanimously to recommend approval of the rezoning,
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; and
WHERF~S, 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 for the referenced parcels of land.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Se~ion 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 RL (Multiple Family Residential - Low
Density) District for the following described property:
Lots 10, 11 and 12, inclusive, Block One, Plat of Kenmont, as
recorded in Plat Book 20, Page 65 of the Public Records of
Palm Beach County, Florida;
TOGETHER WITH:
Lots 8, 9, 10, 11, 12 and 13, Block Two, Plat of Kenmont, as
recorded in Plat Book 20, Page 65, of the Public Records of
Palm Beach County, Florida;
TOGETHER WITH:
The southerly 170.26 feet of the easterly 150 feet of the
westerly 392.27 feet (measured along the south lot line), an
the southerly 100 feet of the easterly 42.27 feet of the
westerly 242.27 feet (measured along the south lot line) of
the portion of Lot 5 lying east of U.S. Highway No. 1, of the
Plat of Harry Seemiller Subdivision, as recorded in Plat Book
9, Page 72, of the Public Records of Palm Beach County,
Florida;
TOGETHER WITH:
The North 70 feet of the East 150 feet of the West 339.5
(measured along the north lot line) of the portion of Lot 5
lying east of U.S. Highway No. 1, of the Plat of Harry
Seemiller Subdivision, as recorded in Plat Book 9, Page 72, of
the Public Records of Palm Beach County, Florida.
The subject properties are located south of Lake Avenue South
between U.S. Highway No. 1 and N.E. 8tn Avenue; containing 2.49
acres, more or less.
Sca{on 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.
Section3. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
S¢~ion4. 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
2
Ord. No. 19-99
affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
SectionS. 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 15th day of June , 1999.
ATTEST:
-
First Reading June 1, 1999
Second Reading June 15, 1999
3
Ord. No. 19-99
PALM BLVD. M
M.$.A. TRACT
N.~. 16TH
AVE.
LAKE AVENUE N.EL
(LAKE AV~.)
~ 4TH
LAKE A~NUE S.
N.£. 13TH ST.
N.E. 12TH ST.
BOND WAY
N.£. 11TH ST.
N.E. 10TH
lUSH
ST. VlNCENT'S
CHURCH
CF
N
~ - REZONING -
o~ o~ ~L.^Y SE^C., rL FROM: RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY)
PLANNING & ZONthlG DEPARTMENT TO.' RL (MULTIPLE FAMILY RESIDENTIAL-LOW DENSITY)
-- O/G//'~ J~ISE ~ SY~'M -- MAP REt: LM341
TO: DAVID T. HARDEN _ --
THRU: DIANE DOMINGUE
D~NT~ AND ZONING --~
FROM: JA~T MEEKS, SENIOR PLANNER
SUBJECT: MEETING OF JUNE 1, 1999
REZONING FROM RM (MULTIPLE FAMILY MEDIUM DENSI~ - 6-12
DU/AC) TO RL (MULTIPLE FAMILY RESIDENTIAL LOW DENSI~ - 6
DU/AC) FOR 9 PARCELS LOCATED EAST OF US 1 BE~EEN LAKE
AVENUE AND GEORGE BUSH BOULEVARD
The subject properties involve 9 parcels containing approximately 2.49 acres. Seven (7) of
the parcels contain single family homes, one parcel contains a triplex, and one parcel is
vacant for which an application is currently being processed for subdivision and development
as a single family home and two townhomes. On March 16, 1999, the City Commission
adopted the North Federal Highway Redevelopment Plan, which recommended that the
subject properties be rezoned from RM to RL (Multiple Family Residential- Low Density).
Additional background and an analysis of the request are found in the attached Planning and
Zoning Board Staff Report.
At its meeting of May 17, 1999, the Planning and Zoning Board held a public hearing in
conjunction with review of the request. Two members from the public spoke in favor of the
rezoning. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to
recommend approval of the rezoning, 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.
Approve the rezoning of 9 parcels containing approximately 2.49 acres located in the North
Federal Highway Corridor from RM to RL, based upon positive findings with respect to
Section 3.1.1 "Required Findings", Section 3.3.2 "Standards for Rezoning Actions", and
Section 2.4.5(D)(5) of the Land Development Regulations, the Planning and Zoning Board
recommendations, and policies of the Comprehensive Plan, and setting a public hearing date
of June 15, 1999.
Attachments: P& Z Staff Report and Documentation of May 17, 1999
ORDINANCE NO. 19-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACING NINE (9) PARCELS OF LAND
PRESENTLY ZONED RM (MULTIPLE FAMILY MEDIUM DENSITY/6-12
DWELLING UNITS/ACRE) TO RL (MULTIPLE FAMILY RESIDENTIAL LOW
DENSITY/6 DWELLING UNITS/ACRE); SAID LAND BEING GENERALLY
LOCATED SOUTH OF LAKE AVENUE SOUTH BETWEEN U.S. HIGHWAY NO. 1
AND N.E. 8TM AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; ALL
AS REQUIRED TO IMPLEMENT PROVISIONS OF THE NORTH FEDERAL
HIGHWAY REDEVELOPMENT PLAN AS PREVIOUSLY ADOPTED BY THE DELRAY
BEACH CITY COMMISSION; AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
I~;HER~AS, on March 16, 1999, the Delray Beach City Commission
adopted the North Federal Highway Redevelopment Plan;
~EREAS, in accordance with the adopted North Federal Highway
Redevelopment Plan, certain parcels of land were to be rezoned from RM
(Multiple Family Residential - Medium Density) were to be rezoned to RL
(Multiple Family Residential - Low Density) to conform with the
provisions of the adopted plan; and
WHEREAS, at its meeting of May 17, 1999, the Planning and
Zoning Board, as Local Planning Agency, considered this item at a public
hearing and voted unanimously to recommend approval of the rezoning,
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; and
~W~iEKEAS, it is appropriate that the Zoning District Map of the
City of Detray Beach, Florida, dated April, 1994, be amended to reflect
the revised zoning classification for the referenced parcels of land.
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 RL (Multiple Family Resident'iai - Low
Density) District for the following described property:
Lots 10, 11 and 12, inclusive, Block One, Plat of Kenmont, as
recorded in Plat Book 20, Page 65 of the Public Records of
Palm Beach County, Florida;
TOGETHER WITH:
Lots 8, 9, 10, 11, 12 and 13, Block Two, Plat of Kenmont, as
recorded in Plat Book 20, Page 65, of the Public Records of
Palm Beach County, Florida;
TOGETHER WITH:
The southerly 170.26 feet of the easterly 150 feet of the
westerly 392.27 feet (measured along the south lot line), an
the southerly 100 feet of the easterly 42.27 feet of the
westerly 242.27 feet (measured along the south lot line) of
the portion of Lot 5 lying east of U.S. Highway No. 1, of the
Plat of Harry Seemiller Subdivision, as recorded in Plat Book
9, Page 72, of the Public Records of Palm Beach County,
Florida;
TOGETHER WITH:
The North 70 feet of the East 150 feet of the West 339.5
(measured along the north lot line) of the portion of Lot 5
lying east of U.S. Highway No. 1, of the Plat of Harry
Seemiller Subdivision, as recorded in Plat Book 9, Page 72, of
the Public Records of Palm Beach County, Florida.
The subject properties are located south of Lake Avenue South
between U.S. Highway No. 1 and N.E. 8tn Avenue; containing 2.49
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.
SectionS. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section4. 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
2
Ord. No. 19-99
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 read±ng.
?ASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1999.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
Ord. No. 19-99
PALM BLV0. M
M.$.A. TRACT
N,E, 16TH S'
AVE.
- - 1.STH
LAKE AVENUE N, RL
(LAKE AVE.)
14TH ST.
LAKE AVENUE $.
N.E. 15TH ST,
N,E. 12TH ST,
BOND WAY
N.E. 11TH ST.
10 TH
)USH
ST. VlNCENT'S
CHURCH
CF
~ - REZONING -
FROM: RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY)
aw o¢ D£L~AY BEAC,. FL
PLANNING ,~ ZONING D[PARTM£NT (MULTIPLE DENSITY)
-- Z~//'N/. ~S~" MAP SY~£M -- tan= REF: LM341
PLANNING AND ZONING BOARD
CITY OF DEERAY BEACH ---STAFF REPORT---
MEETING DATE: May 17, 1999
AGENDA ITEM: VLB.
ITEM: City Initiated Rezoning From RM (Multiple Family Residential-Medium Density) to
RL (Multiple Family Residential-Low Density) For Nine Parcels Located South of
Lake Avenue South, Between U.S. Highway No. 1 and N.E. 8th Avenue Associated
With the Adopted North Federal Highway Redevelopment Plan.
Owner ................................................ Various
David T. Harden, City Manager ~,~ ,~,u~ ,
Location .............................................. South of Lake Avenue South,
Be~een U.S. Highway No. 1 and
N.E. 8th Avenue.
Prope~ Size ...................................... 2.49 Acres
Future Land Use Map ......................... Medium Density Residential
Current Zoning ................................... RM (Multiple Family Residential-
Medium Density)
Proposed Zoning ................................ RL (Multiple Family Residential-
Low Density)
Adjacent Zoning ........................ No~h: RL & GC (General Commercial)
East: RL
South: RM
West: GC
Existing Land Use ............................... Vacant Lot, one (1) tdplex, and
seven (7) single family
residences.
Proposed Land Use ............................ Rezoning of the parcels
according to the adopted No~h
Federal Highway Redevelopment
Plan.
Water Se~ice .................................... N/A.
Sewer Se~ice .................................... N/A.
The action before the Board is making a recommendation to the City Commission on a
City initiated rezoning from RM (Multiple Family Residential - Medium Density) to RL
(Multiple Family Residential - Low Density) for 9 lots located along the west side of NE
8th Avenue, approximately 950' north of George Bush 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.
ACKGROUNDIP E CTDESCRIPT!O:N ~
On December 13, 1988, the subject properties were annexed into the City as part of
Enclave Act 24 and given an initial zoning of R-1-A. Enclave 24 contained
approximately 60 acres and was one of the most complex annexations due to the mix of
uses in the area (single family, duplex, multifamily, commercial and industrial). During
consideration of the annexation of Enclave 24, the Planning and Zoning Board
requested that staff examine alternative zonings which would provide a buffer between
the existing commercial developments (along North Federal Highway) and single family
areas to the east.
Subsequent to the initial annexation, and pursuant to the Planning and Zoning Board's
direction, the City approved a change in zoning for the subject properties from R-1-A to
RM-6 (Multiple Family Residential 6 du/ac). With the Citywide Rezoning associated
with the approval of the Land Development Regulations in 1990, the RM-6 zoning
designation was changed to RM (Multiple Family Residential Medium Density 6-12
du/ac).
The subject properties involve 9 parcels containing approximately 2.49 acres. Seven
(7) of the parcels contain single family homes, one parcel contains a triplex, and one
parcel is vacant for which an application is currently being processed for subdivision
and development as a single family home and two townhomes. On March 16, 1999, the
City Commission adopted the North Federal Highway Redevelopment Plan, which
recommended that the subject properties be rezoned from RM to RL (Multiple Family
Residential - Low Density) which is the action now before the Board.
Il :;iZON:IN(3 :ANALY$1 II
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
P & Z Board Staff Report
'North Federal Highway Redevelopment Plan Rezoning from RM to RL
Page 2
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.
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 designation for the subject properties is MD
(Medium Density Residential) and the current zoning is RM (Multiple Family
Residential- Medium Density). The requested zoning change is from RM to RL
(Multiple Family Residential- Low Density). The proposed zoning designation of
RL is consistent with the MD Future Land Use Map designation. Based upon the
above, positive findings 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.
Water and Sewer:
Water and Sewer is provided to the parcels via 8" mains located within NE 8th Avenue.
The rezoning from RM to RL will have a potential to decrease water and sewer
demands based on the potential decrease in allowable densities (29 units under the
existing RM zoning and 14 units under RL zoning) if the properties were to be
redeveloped in the future. Therefore, a positive finding with this level of service can be
made.
Drainage:
As most of the parcels are developed with single family homes, drainage is
accommodated via sheet flow into sodded swale areas. Paving and drainage plans will
be required with a site-specific plan when development or redevelopment occurs in the
area.
Streets and Traffic:
Under the current RM zoning designation the maximum units allowed would be 29.
Traffic generation rates for a multiple family dwelling is 7 Average Daily Trips (ADT) or a
potential of 203 ADT. The change in zoning to RL would allow a maximum of 14
multiple family units generating 98 ADT. Based on the above, a positive finding with
respect to Traffic Concurrency can be made.
P & Z Board Staff Report
· North Federal Highway Redevelopment Plan Rezoning from RM to RL
Page 3
Parks and Open Space:
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.
Solid Waste:
Pursuant to the Solid Waste Authority figures, 0.8 tons of solid waste per unit per year is
generated. Under the RM zoning, 29 units would generate 32.2 tons of solid waste per
year. Under the RL zoning, 14 units would generate 11 tons of solid waste per year.
Therefore, a decrease in demand with respect to this level of service will be realized
with the change in zoning.
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.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following was found:
Policy C-1.4 of the Future Land Use Element:
This policy calls for the preparation of a redevelopment plan for the North Federal
Highway Corridor. On March 16, 1999, the City Commission approved the
redevelopment plan for North Federal Highway Corridor which recommended that the
subject properties be rezoned from RM to RL based on the RL zoning being more
consistent with the existing densities in the area, and with the uses on the properties.
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) 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 properties are identified on the Residential Neighborhood Categorization
Map as "Stabilization" in the Housing Element of the City's Comprehensive Plan. RL
zoning exists to the north and east of the subject properties that contain the same
development pattern (i.e. mix of single family and multiple family structures). Higher
P & Z Board Staff Report
North Federal Highway Redevelopment Plan Rezoning from RM to RL
Page 4
density development exists to the south and the Federal Highway commercial corridor is
to the east. R-1-A zoning could be applied to the subject properties as 7 of the nine lots
contain single family homes. However, the resulting zoning pattern would be a sliver of
single family zoning between commercial zoning and higher density multiple family
zoning. A strictly single family zone is not characteristic of this area. Given the proximity
to the commercial uses, the surrounding zoning designations and development
patterns, and the character of existing and proposed uses, the RL zone is the most
restrictive applicable zoning district. Based on the above, it appears that the most
appropriate zoning designation is RL.
(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 subject property is bordered by the following zoning designations: to the south RM
zoning; to the north and east RL zoning; and to the west, GC (General Commercial)
zoning. The surrounding land uses are: to the north and east by predominantly single
family homes; to the south, multiple family structures; and to the west by general
commercial uses.
The proposed change in zoning from RM to RL will result in a reduced density that is
more compatible with the adjacent and nearby properties. All of the lots except one are
developed. Compatibility will further be addressed with a site-specific plan for the
vacant parcel or redevelopment of the area.
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 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.
The most appropriate reason for the change in zoning is based on item "c". The
adoption of the redevelopment plan for the North Federal Highway Corridor
P & Z Board Staff Report
North Federal Highway Redevelopment Plan Rezoning from RM to RL
Page 5
recommended that subject properties be rezoned based on the existing land uses and
that the resulting density on the vacant parcel would be more consistent with the
existing land use patterns in the area. Further, the property was zoned RM-6 until it
was changed to RM with the Citywide rezonings in 1990 as all the density suffixes were
removed from the zoning map. The RL zoning allows up to 6 units per acre, which is
more appropriate now that the suffixes have been removed from the zoning map.
EVIEW BY OTHE:RS II
The rezoning is not in a geographic area requiring review by either the HPB (Historic
Preservation Board), Community Redevelopment Agency (CRA), or DDA (Downtown
Development Authority).
Courtesy Notices:
Courtesy Notices have been provided to the following homeowner's and civic
associations:
· Kokomo Key Homeowner's Association
· La Hacienda Homeowner's Association
· North Palm Trail Homeowner's Association
· Seacrest Homeowner's Association
· Town of Gulfstream
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.
s E S S M CL, US lO N S i:, II
The rezoning from RM to RL is associated with the adoption of the North Federal
Highway Redevelopment Plan. The rezoning is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development Regulations. Also,
positive findings can be made with respect to Section 2.4.5(D)(5) "Rezoning Findings",
that the RL zoning is more appropriate for the property based upon circumstances
particular to the properties and the neighborhood.
A. Continue with direction.
P & Z Board Staff Report
· North Federal Highway Redevelopment Plan Rezoning from RM to RL
Page 6
B. Recommend rezoning of 9 parcels containing approximately 2.49 acres located in
the North Federal Highway Corridor from RM to RL, based on positive findings with
respect to Section 2.4.5(D)(1) "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.
II ~ co'.. ~. ~ ~ ~',0"
Recommend approval of the rezoning of 9 parcels containing approximately 2.49 acres
that are located in the North Federal Highway Corridor from RM to RL, based upon
positive findings with respect to Section 3.1.1 "Required Findings", Section 3.3.2
"Standards for Rezoning Actions", and Section 2.4.5(D)(5) of the Land Development
Regulations, and policies of the Comprehensive Plan.
Attachments:
· Location/Zoning Map
TO: DAVID T. HARDEN _ ---
CITY MANAGER ~.~.~ ~
THRU: DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT~ AND ZONING J
FROM: JA'A'A~~EEKS, SENIOR PLANNER
SUBJECT: MEETING OF JUNE 1, 1999
REZONING FROM RM (MULTIPLE FAMILY MEDIUM DENSITY - 6-12
DU/AC) TO RL (MULTIPLE FAMILY RESIDENTIAL LOW DENSITY - 6
DU/AC) FOR 9 PARCELS LOCATED EAST OF US 1 BETWEEN LAKE
AVENUE AND GEORGE BUSH BOULEVARD
The subject properties involve 9 parcels containing approximately 2.49 acres. Seven (7) of
the parcels contain single family homes, one parcel contains a triplex, and one parcel is
vacant for which an application is currently being processed for subdivision and development
as a single family home and two townhomes. On March 16, 1999, the City Commission
adopted the North Federal Highway Redevelopment Plan, which recommended that the
subject properties be rezoned from RM to RL (Multiple Family Residential- Low Density).
Additional background and an analysis of the request are found in the attached Planning and
Zoning Board Staff Report.
At its meeting of May 17, 1999, the Planning and Zoning Board held a public hearing in
conjunction with review of the request. Two members from the public spoke in favor of the
rezoning. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to
recommend approval of the rezoning, 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.
Approve the rezoning of 9 parcels containing approximately 2.49 acres located in the North
Federal Highway Corridor from RM to RL, based upon positive findings with respect to
Section 3.1.1 "Required Findings", Section 3.3.2 "Standards for Rezoning Actions", and
Section 2.4.5(D)(5) of the Land Development Regulations, the Planning and Zoning Board
recommendations, and policies of the Comprehensive Plan, and setting a public hearing date
of June 15, 1999.
Attachments: P& Z Staff Report and Documentation of May 17, 1999 ....
~D D~LO~E~
~H BY ~ENO{NG
4.34 '~ OIS~T ~OP-
~ ~ANDARDS". ~ON
(~. ~O~E~ ST~ARDS~,
REGU~TIONS~. ~ON
"~LO~ENT ST~DA~S", ~
REaR C~USE, A ~VING
C~R 5% "~E ~D
' ~RS R~EM~ ~ERC~
~IHG NI~ (9) PARCE~ ~
~NUE. ~ MO~ P~I~Y
LEGAL VERIFICATION FORM
FILE #: 1999-140
PROJECT NAME: NORTH FEDERAL HIGHWAY REZONING
LEGAL DESCRIPTION:
Lots 10, 11 and 12 inclusive, Block One, Plat of Kenmont, as recorded in Plat
Book 20, Page 65, of the Public Records of Palm Beach County, Florida;
Together With,
Lots 8, 9, 10, 11, 12, and 13, Block Two, Plat of Kenmont, as recorded in Plat
Book 20, Page 65, of the Public Records of Palm Beach County, Florida;
Together With,
The southerly 170.26 feet of the easterly 150 feet of the westerly 392.27 feet
(measured along the south lot line), and the southerly 100 feet of the easterly
42.27 feet of the westerly 242.27 feet (measured along the south lot line), of
the portion of Lot 5 lying East of US Highway No. 1, of the Plat of Harry
Seemiller Subdivision, as recorded in Plat Book 9, Page 72, of the Public
Records of Palm Beach County, Florida;
Together With,
The North 70 feet of the East 150 feet of the West 339.5 feet (measured
along the north lot line), of the portion of Lot 5 lying East of US Highway No.
1, of the Plat of Harry Seemiller Subdivision, as recorded in Plat Book 9, Page
72, of the Public Records of Palm Beach County, Florida;
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