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Ord 38-99 ORDINANCE NO. 38-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN THE OS (OPEN SPACE) DISTRICT; SAID LAND BEING COMMONLY KNOWN AS THE DELRAY OAKS PRESERVE SITE LOCATED AT THE NORTHWEST CORNER OF CONGRESS AVENUE AND S.W. 29TM STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELP~Y 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 POC (Planned Office Center) District; and WHEREAS, at its meeting of March 15, 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 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 OS (Open Space) District for the following described property: A parcel of land in Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Commencing at the Southeast corner of said Section 30; thence run North 89 degrees 55'53" West, 700.10 feet along the South line of said Section 30 to a point on the West right-of-way line of the Seaboard Coastline Railroad; thence North 00 degrees 18'55" West, 2291.71 feet along said West right-of-way line to a point; thence run South 89 degrees 12'30" West, 515.01 feet to a point on the West right-of-way line of the 120.00 foot wide right-of-way of Congress Avenue, said point being the Point of Beginning; thence run South 00 degrees 18'55" East, 1434.04 feet along said West right-of-way line of Congress Avenue to a point of intersection with the North right-of-way line of the 80.00 foot wide right-of-way of S.W. 29th Street; thence run South 89 degrees 41'15" West, 530.90 feet along said North right-of-way line to a point of curvature; thence run Northwesterly along said North right-of-way line being a curve concave to the Northeast, having a radius of 660.00 feet, a central angle of 62 degrees 02'00", for an arc distance of 714.54 feet to a point of tangency; thence run North 28 degrees 16'45" West, 202.01 feet along said right-of-way to a point; thence run North 89 degrees 12'30" East, 626.49 feet to a point; thence run North 00 degrees 47'30" West, 895.00 feet to a point; thence run North 89 degrees 12'30" East, 589.53 feet to the Point of Beginning. Being subject to a drainage easement over and across the North 40.00 feet thereof, said drainage easement being described and contained in Official Records Book 1778, Page 444, Palm Beach County Records. The subject property is located at the northwest corner of Congress Avenue and S.W. 29th Street; containing 25 acres, more or less. - 2 - Ord. No. 38-99 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 October , 1999. ~City C~erk t First Reading October 5, 1999 Second Reading October 19, 1999 - 3 - Ord. No. 38-99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ff~, SUBJECT: AGENDA ITEM #/0 ~) - REGULAR MEETING OF OCTOBER 19, 1999 ORDINANCE NO. 38-99 (DELRAY OAKS PRESERVE REZONING) DATE: OCTOBER 14, 1999 This is second reading and a quasi-judicial public hearing for Ordinance No. 38-99 which rezones the 25 acre Dekay Oaks Preserve site from POC (Planned Office Center) District to OS (Open Space) District. The subject property is located at the northwest corner of Congress Avenue and S.W. 29th Street. The property was acquired by Palm Beach County in December, 1995, with funds from the Environmentally Sensitive Lands bond program. The City served as the County's parmer in an application for state matching funds for acquisition of the land. The City has received a site plan application from the Palm Beach County Department of Environmental Resources Management 0DERM) to install a 12 space parking area and nature trail with observation platform at the preserve. On March 2, 1999, the City Commission initiated the rezonmg of the subject property. However, prior to the proposed zoning change, the Future Land Use Map designation must be changed from Transitional to Open Space-Conservation. This land use designation change was included as part of Comprehensive Plan Amendment 99-1 (Ordinance No. 14-99) which is also scheduled for second reading and the adoption heating on October 19, 1999. Pursuant to Conservation Element, Policy B-lA of the Comprehensive Plan, publicly owned environmentally sensitive areas are to be identified on the Future Land Use Map (FLUM) by an "Open Space-Conservation" symbol. In order to be consistent with the use of the property and Conservation Element, Policy B-lA, it is necessary to change the FLUM designation to Open Space-Conservation and rezone the property from POC to OS (Open Space) District. At first reading on October 5, 1999, the Commission passed the ordinance by unanimous vote. The Planning and Zoning Board had previously reviewed the zoning change in conjunction with the land use amendment at a public hearing on March 15, 1999, and voted unanimously to recommend approval. Recommend approval of Ordinance No. 38-99 on second and final reading. RefiAgmemol 5.Rezoning. Delray Oaks Preserve /i~~ ~- ~) TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOR OF_PLANNING AND ZONING FROM: SCO PA E SENIOR PLANNER ^ REZONING FROM POC (PLANNED OFFICE CENTER) TO OS (OPEN SPACE) FOR THE 25 ACRE DELRAY OAKS PRESERVE LOCATED AT THE NORTHWEST CORNER OF CONGRESS AVENUE AND SW 29'" STREET. The subject property was acquired in December 1995, by Palm Beach County with funds from the Environmentally Sensitive Lands Bond program. The City served as the County's partner in an application for State matching funds for acquisition of the subject property. The City has received a site plan application from the Palm Beach County Department of Environmental Resource Management to install a 12-space parking area and nature trail with observation platform at the preserve. On March 2, 1999, the City Commission initiated the rezoning of the subject property from POC to OS. However, prior to the proposed Zoning District Map change, the Future Land Use Map designation must be changed from TRN (Transitional) to OS-C (Open Space, Conservation). On April 6, 1999, the City Commission approved the Future Land Use Map designation change (Comprehensive Plan Amendment 99- 1, first reading) and directed staff to transmit the amendment to the Florida Department of Community Affairs. The second reading (adoption hearing) of Comprehensive Plan Amendment 99-1 and the rezoning are tentatively scheduled for the City Commission meeting of October 19th. Pursuant to Conservation Element, Policy B-1.1 of the Comprehensive Plan, publicly owned environmentally sensitive areas are to be identified on the FLUM by an "Open Space- Conservation" symbol. In order to be consistent with the use of the property and Conservation Element, Policy B-1.1, it is necessary to change the FLUM designation to Open Space- Conservation and zoning designation to OS (Open Space), which is to be applied to passive parks, such as the preserve. Approve, on first reading, the rezoning of the 25-acre Delray Oaks Preserve from POC (Planned Office Center) to OS (Open Space). Attachments: · Delray Oaks Preserve FLUM Amendment and Rezoning Staff Report · Location map PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: March 15, 1999 AGENDA ITEM' IV.F.2. ITEM: Future Land Use Map Amendment From Transitional to Open Space-Conservation and Rezoning From POC (Planned Office Center) to OS (Open Space) for Delray Oaks Preserve, Located at the Northwest Comer of Congress Avenue and S.W. 29th Street, Associated with Comprehensive Plan Amendment 99-1 - Transmittal Hearing. Applicant ......................... David T. Harden, City Manager ~ ~§~ z Location .......................... Northwest corner of Congress Avenue and S.W. 29th Street Use Map Designation ..... Transitional (Subject to Conservation Policy B-1.1) Proposed Future Land Use Map Designation ..... Open Space-Conservation Current Zoning ............... POC (Planned Office Center) Proposed Zoning ............ OS (Open Space) Adjacent Zoning .... North: POC & RM (Medium Density Residential) . East: PCC (Planned Commerce Center) & CANAL MIC (Mixed Industrial & Commercial) South: RM .~, .:. ,,:~.:.~:~,:.:~o~+:.: ...~o~ West: RM ~ "'~:"'~<~>:":'~' '~":':~"~"'":':' Existing Land Use... Conservation area Proposed Land Use ....... Installation of a 12-space parking area and nature trail with an CAN AL L-38 IV.F.2. J ~ I TE M B E FO,,R:E 'TH E BO A R D "~ J The action before the Board is making a recommendation to the City Commission to change the Future Land Use Map (FLUM) and Zoning Map designations for the 24.52-acre Delray Oaks Preserve. The request involves a FLUM amendment from TRN (Transitional) to OS-C (Open Space - Conservation) and rezoning from POC (Planned Office Center) to OS (Open Space). The subject property is located at the northwest corner of Congress Avenue and South West 29~ Street. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map and Zoning Map. BACKGROUND i Palm Beach County acquired the subject property in December 1995, with funds approved through the Environmentally Sensitive Lands Bond on March 12, 1991. The City served as the County's partner in an application for State matching funds for acquisition of the subject property. The City has received a site plan application from the Palm Beach County Department of Environmental Resource Management to install a 12-space parking area and nature trail with observation platform at the Delray Oaks Preserve. The City's Future Land Use Map (FLUM) designation for the property is TRN (Transitional) and it is currently zoned POC (Planned Office Center), which does not permit the preserve and the associated improvements. Pursuant to Conservation Element, Policy B-1.1 of the Comprehensive Plan, publicly owned environmentally sensitive areas are to be identified on the FLUM by an "Open Space-Conservation" symbol. In order to be consistent with the use of the property and Conservation Element Policy B-1.1, it is necessary to change the FLUM description to Open Space-Conservation and the zoning designation to OS (Open Space). The OS zoning is appropriate for passive parks, such as Delray Oaks. The zoning change was initiated by the City Commission on March 2, 1999, as was the FLUM amendment, which is to be included in Comprehensive Plan Amendment 99-1. :FUTURE LANDUSEMAP:AME:NDMENT~ANALY:SIS '::' This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). P & Z Board Staff Report Delray Oaks Preserve - FLUM Amendment and Rezoning Page 2 Land Use Analysis: Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. As noted previously, the proposed site plan indicates that the park will be developed with a nature trail that includes an observation platform and 12-space parking lot. The proposed passive park and accessory facilities are allowed in the OS zoning district. According to Table L-7 of the Comprehensive Plan, the OS zoning district is consistent with the OS-C Future Land Use Map designation. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. Data and analysis must support the need. This policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space. An analysis of the "Demonstrated Need" is not required since the proposal is a Conservation FLUM amendment. Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. Goal Area B of the Conservation Element states that sensitive lands that provide habitat and contain native vegetation vital to the maintenance of the environmental quality of this community shall be conserved and protected. The Delray Oaks Preserve is one of the properties designated for preservation. The proposed OS-C FLUM designation is appropriate when designated land is to be preserved. Therefore, the FLUM designation change promotes the goals, objectives, and policies of the Comprehensive Plan. Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The highest intensity development allowed by the proposed OS zoning district and OS-C FLUM designations are passive parks. The current POC zoning district designation allows for planned office complexes. Since the demand on public services is far less for passive parks than office complexes, the FLUM and Zoning P & Z Board Staff Report Delray Oaks Preserve - FLUM Amendment and Rezoning Page 3 Map designation changes will have a positive impact with respect to meeting concurrency requirements. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. The OS-C FLUM and OS zoning designations will be compatible with the surrounding existing and future land uses. The existing adjacent uses are the Catalfumo planned office center to the north, the Delray Oaks multiple family development to the south, industrial to the east (across Congress Avenue), and the Sabal Pines East multiple family development to the west. The proposed conservation area will not have an adverse affect on these surrounding uses. The Delray Oaks Preserve will generate 39 average daily trips (1.59 trips x 24.52 acres). Given the acreage of the property, the site could be developed as a planned office center with 320,000 square feet of floor area. A 320,000 square foot planned office complex generates 3,245 trips per day. The surrounding roads can accommodate the trips generated by the proposed nature preserve. Furthermore, the impact on public services such as fire protection, water, sewer, solid waste, drainage, and police is also significantly less for the conservation area than a planned office center. The DERM has indicated that the conservation area will operate during daylight hours and will be closed during evening hours. Consequently, there will be no patron interaction with the park during the evening hours. Finally, the use of the property as a conservation area will not have a positive or negative effect on the property values of the surrounding properties. Since the conservation area will have a Iow impact on the surrounding properties, the property values will not be affected due to the proposed FLUM or zone change. Compliance - Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. As noted previously, the Palm Beach County Department of Environmental Resource Management has submitted a site plan application for a passive park on the subject property. The improvements noted on the proposed site plan are consistent with the uses allowed in the OS-C FLUM and OS zone designations. The site plan application and compliance with the City's Land Development Regulations will be considered by the Site Plan Review and Appearance Board following the requested designation changes to the FLUM and Zoning Map. P & Z Board Staff Report Delray Oaks Preserve - FLUM Amendment and Rezoning Page 4 [. ~ ' :Z.ONING ANALYSI.S.i i.:.~ ..... I 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 that has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the Future Land Use Map Analysis section of this report. Compliance with respect to Compliance with the Land Development Regulations (Standards for Rezoning Actions, Rezoning Findings) are discussed below. 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. Comprehensive Plan Policies: Consistency with the Comprehensive Plan was previously discussed under the Future Land Use Map Amendment Analysis section of this report. Section 3.3.2 (Standards for Rezoning Actions): Standards B and C are not applicable with respect to this rezoning request, as the rezoning for preservation of environmentally sensitive land does not affect the City's Housing Element or involves strip commercial development activity. The applicable performance standards of Section 3.3.2 are as follows: A) That a rezoning to other than CF, OS, OSR, OR Conservation within stable residential area shall be denied. The subject property is located along a principal arterial roadway (Congress Avenue). The surrounding existing land uses are a planned office park to the north, multiple family residential to the south and west, and a planned commerce center and industrial complex to the east (across Congress Avenue). The Delray Oaks Preserve is not located within a residential area but is adjacent to neighborhoods designated as stable residential on the Residential Neighborhood Categorization Map. The proposed rezoning is to OS, therefore a positive finding with respect to this standard can be made. P & Z Board Staff Report Delray Oaks Preserve - FLUM Amendment and Rezoning Page 5 ~ 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 proposed rezoning will implement the City's Conservation designation of the subject property. According to Table L-7 of the Future Land Use Element, the OS zone designation is compatible with the FLUM designations of the adjacent residential and commercial properties. As noted previously, the uses permitted in the OS zoning district are passive parks or water bodies. The passive park proposed by Palm Beach County is consistent with the proposed Zoning Map designation and the surrounding uses. The accessory facilities associated with the passive park such as parking will be considered via the site plan process in accordance with the City's Land Development Regulations. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5), in addition to the 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 proposed OS zone designation is allowed under both the current TRN (Transitional) and the proposed OS-C FLUM designations. Given the proposed use of the property, the OS zone and OS-C FLUM designations are more appropriate for the property. The OS zone designation change from POC will ensure that the property is utilized as a passive park rather than for office uses. Consequently, a positive finding with respect to (b) can be made since the purchase of the property by DERM for the purpose of establishing a passive park changes the circumstances with respect to appropriateness of the zoning designation. Furthermore, the OS zoning designation is more appropriate as passive parks are not allowed uses in the POC zoning district. P & Z Board Staff Report Delray Oaks Preserve - FLUM Amendment and Rezoning Page 6 The subject property is not within a geographical area requiring review by the Community Redevelopment Agency, Downtown Development Authority or the Historic Preservation Board. Courtesy Notices: Courtesy notices have been provided to the following civic and homeowners associations: Progressive Residents of Delray (PROD) Delray Racquet Club Palms of Delray Lake Delray Apartments Town & Country Estates Tropic Palms Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The proposed passive park is incompatible with the current POC zoning designation, as it is not a permitted use. The appropriate zoning designation for passive parks is the OS zoning district. While the TRN FLUM designation can be applied for either planned office complexes or passive parks, the most appropriate FLUM designation is the OS-C designation as it will ensure that the property remains in its natural state and is not allowed to be developed. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive, and Sections 3.1.1, 3.3.2 (Standards for Rezoning Actions) and 2.4.5(D)(5) of the Land Development Regulations, and the goals, objectives, and policies of the Comprehensive Plan. ALTERNATIVE ACTIONS, A. Continue with direction. B. Recommend to the City Commission approval of the Future Land Use Map amendments from TRN to OS-C, and the rezoning from POC to OS based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Sections 3.1.1, 3.3.2 (Standards for Rezoning Actions) and 2.4.5(D)(5) of the Land Development Regulations, and the goals, objectives, and policies of the Comprehensive Plan. P & Z Board Staff Report Delray Oaks Preserve - FLUM Amendment and Rezoning Page 7 C. Recommend to the City Commission denial of the Future Land Use Map amendments from TRN to OS-C, and the rezoning from POC to OS based upon a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), and Section 2.4.5(D)(5) of the Land Development Regulations, that the FLUM amendment and rezoning fail to fulfill one of the basis for which a FLUM amendment or rezoning should be granted. I S~TAFF RECOMMENDATION, ,, :: Recommend to the City Commission approval of the Future Land Use Map amendment from TRN to OS-C, and the rezoning from POC to OS based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Sections 3.1.1, 3.3.2 (Standards for Rezoning Actions) and 2.4.5(D)(5) of the Land Development Regulations, and Goal Area "B" of the Comprehensive Plan, Conservation Element. Attachments: C} Future Land Use Map [~ Zoning Map N - FUTURE LAND USE MAP AMENDMENT- ~ FROM: ~N ~NSITIONAL) TO: OS-C (OPEN SPACE-CONSERVATION) ~TY ~' D[LRAY BEACH, FL PLANNING & Z~ING ~PARTM~NT'~- SU~ECTTO CONSERVATION POLICY ~1.1 _Boca Rato? New~s, Friday, October 8, { 999 SC LEGAL VERIFICATION FORM FILE #: 99-080 PROJECT NAME: DELRAY OAKS PRESERVE LEGAL DESCRIPTION EXHIBIT "A" A parcel of land in Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida more particularly described as follows: Commencing at the Southeast corner of said Section 30; thence run N 89° 55' 53" W, 700.10 feet along the South line of said Section 30 to a point on the West right-of-way line of the Seaboard Coastline Railroad; thence N 00° 18' 55" W, 2291.71 feet along said West right-of-way line to a point; thence run S 89° 12' 30" W, 515.01 feet to a point on the West right-of-way line of the 120.00 foot wide right-of-way of Congress Avenue, said point being the point of beginning; thence run S 00018' 55" E, 1434.04 feet along said West right-of-way line of Congress Avenue to a point of intersection with the North right-of-way line of the 80.00 foot wide right-of-way of SW 29th Street; thence run S 89° 41' 15" W, 530.90 feet along said North right-of-way line to a point of curvature; thence run Northwesterly along said North right-of-way line being a curve concave to the Northeast, having a radius of 660.00 feet, a central angle of 62° 02'00", for an arc --distance of 714.54 feet to a point of tangency; thence run N 28° 16' 45" W, 202.01 feet along said right-of-way to a point; thence run N 89° 12' 30" E, 626.49 feet to a point; thence run N 00° 47' 30" W, 895.00 feet to a point; thence run N 89° 12'30" E, 589.53 feet to the Point of Beginning. Being subject to a drainage easement over and across the North 40.00 feet thereof said drainage easement being described and contained in Official Records Book 1778, Page 444, Palm Beach County Records. SOURCE of Legal Description: Survey (copy attached) VERIFIED BY.'~ATE: ~'~/,~ ~ VERIFICATION REQUEST NEEDED BY: /~5 ~ LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND READING: VERIFIED BY: DATE: VERIFICATION REQUEST NEEDED BY: