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Ord 48-99 ORDINANCE NO. 48-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING THE SOUTH 52 FEET OF LOT 14 AND ALL OF LOT 15, BLOCK 43, TOWN OF DELRAY, LOCATED ON THE WEST SIDE OF N.W. 2ND AVENUE, APPROXIMATELY 400 FEET SOUTH OF MARTIN LUTHER KING, JR. DRIVE (N.W. 2ND STREET), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach Florida, dated April, 1994 as being zoned R-1-A (Single Family Residential) ' District; and WHEREAS, at its meeting of November 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 CF (Community Facilities) District for the following described property: The South 52 feet of Lot 14 and all of Lot 15, Block 43, TOWN OF DELRAY, as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida. The subject property is located on the west side of N.W. 2nd Avenue, approximately 400 feet south of Martin Luther King, Jr. Drive (N.W. 2nd Street); containing 0.40 acre, 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.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 7th day of December , 1999. ATTEST: ' '' J Cit~ C~erk - ; First Reading November 16, 1999 Second Reading December 7, 1999 - 2 - Ord. No. 48-99 FCASON ME THODIS T CHURCH CITY A TTQRNE Y ~_ __ MARTIN LUTHER KING JR. DRIVE CITY HALL 15'f COMMUNITY CF SQUARE COUNTY ~OUSE N DELRAY BEACH TENNIS CENTER EXPANSION ~ ~am . AREA PROPOSED FOR REZONING CITY OF' D£LRAY BEACH. FL ~'~.^.~.~ *. zo.~.~ ~)E~,,,.'~£.'r FROM: R-1-A (SINGLE FAMILY RESIDENTIAL) TO: CF (COMMUNITY FACILITIES) -- O/Gli"AZ tcJ4.~' ~ SYnC'ti -- MAP REF: L~385 MEMORANDUM TO: MAYOR AND CITY CO/~vlMISSIONERS FROM: CITY MANAGER ff~ SUBJECT: AGENDA ITEM #/0 ~' - REGULAR MEETING OF DECEMBER 7, 1999 ORDINANCE NO. 48-99 (REZONING ASSOCIATED WITH THE TENNIS CENTER EXPANSION) DATE: DECEMBER 2, 1999 This is second reading and a quasi-judicial public heating for Ordinance No. 48-99 which rezones the south 52 feet of Lot 14 and all of Lot 15, Block 23, Town of Delray, from R-1-A (Single Family Residential) District to CF (Community Facilities) District. The subject property is located on the west side of N.W. 2"d Avenue, approximately 400 feet south of Martin Luther IGng, Jr. Drive (N.W. 2nd Street). The rezonmg is being processed to accommodate the expansion of the existing Tennis Center/Stadium (zoned CF) with the addition of two hard tennis courts and appurtenant improvements on the subject property which is mediately north of the existing retention area. The Planning and Zoning Board held a public hearing on this item on November 15, 1999, and voted unanimously to recommend that the rezoning be approved. At first reading on November 16th, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 48-99 on second and final reading, based upon positive £mdmgs with respect to Chapter 3 (Performance Standards) and Section 2.4.5(12))(5) of the Land Development Regulations, and policies of the Comprehensive Plan. RefiAgmemol 5.Rezonmg. Tennis Center Expansion PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: November 15, 1999 AGENDA ITEM: IV.A. ITEM: Rezoning from R-1-A (Single Family Residential) to CF (Community Facilities), in Conjunction with the Expansion of the Delray Beach Municipal Tennis Center. [ , ,Jl GENERAL DATA: ;~:,~,%Y ~_~ Owner ............................. Tressie Washington, Raymond & Deborah Renner Applicant ......................... David T. Harden, City Manager City of Delray Beach, Florida Location .......................... West side of N.W. 2nd Avenue, approximately 400' south of Martin ,~ ~ _ ___~~. Property Size .................. 0.40 Acre COMMUN~ TY Future Land Use Map ..... LD (Low Density 0-5 da/ac) ~t~ Current Zoning ............... R-1-A (Single Family Residential) 77~NNIS Proposed Zoning .......... CF (Community Facilities) Adjacent Zoning .... North: R-1-A ....... J ATLANTIC AVENUE East: CF (Community Facilities) I~lt ii"] ~ POLICE SOU TH South: CF West: R-1-A Existing Land Use .......... Two single family residences Proposed Land Use ........ Rezoning of the parcels in conjunction with the expansion of the ,.,. ,~, ,~. ~ .... ~ ~. Delray Beach Tennis Center. Sewer Service ................ n/a. IV.A. ITEM BEFORE THE BOARD J The item before the Board is that of making a recommendation on a City initiated rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) for property associated with the tennis center expansion. The subject property is located on the west side of N.W. 2nd Avenue, approximately 400' south of Martin Luther King Jr. Drive (NW 2nd Street), just north of the municipal tennis center. I The City has contracted with the Association of Tennis Professionals (ATP) for a professional tennis tournament, to be held at the tennis center in February of next year. The City's contract with ATP states that 7 hard courts must be provided, and only 4 exist. The balance of the existing courts (15) are clay. In order to fulfill the contract obligations the center court is being converted from clay to a hard court, and two additional hard courts must be provided. Conversion of other clay courts to hard was explored, however the existing clay courts generate the majority of the revenue and are in great demand by tennis center members. In July, 1999, a City-initiated rezoning was processed to rezone the eastern 20' of Lots 1- 12 within Block 36 (.20 acre, 8,800 sq. ft.) from R-1-A (Single Family Residential, Lots 7- 12) and GC (General Commercial, Lots 1-6) to CF (Community Facilities), to accommodate the tennis center expansion. As a tennis center is a conditional use in the CF zoning district, a Conditional Use Modification request to allow the addition was also processed. In conjunction with the rezoning and conditional use requests, a request to close a portion of N.VV. 3rd Avenue approximately 140' north of W. Atlantic Avenue to N.W. 1st Street, which would have been utilized as part of the expansion. A pubic hearing regarding these items was held on August 16, 1999. After extensive public testimony in opposition to the request, the Planning and Zoning Board recommended to the City Commission denial of a proposed rezoning, street closure/traffic pattern modification, and Conditional Use modification. The associated applications were subsequently withdrawn. On August 23, 1999, there was a meeting with neighborhood residents and concerned citizens regarding the need to expand the tennis center. Four alternative designs to accommodate the expansion were discussed. The residents rejected the proposals to close or re-route NW 3rd Avenue to accommodate the expansion (Alternatives #1 & #3). However, they accepted the alternatives to expand the center to the north (Alternative #2) or to install the courts on the west side of NVV 3rd Avenue, with no permanent closure (Alternative #.4). The City proposed to expand onto a property just north of the existing retention area (Lot 15, Block 43) (Alternative #2). At the Planning and Zoning Board meeting of October 11, 1999, the request to expand onto Lot 15 was continued, as the City was pursuing other alternatives to better accommodate the required drainage retention as well as the tennis courts. The City has negotiated to purchase the property just north of Lot 15 (south 52 feet of Lot 14). The P & Z Staff Report Tennis Center Expansion - Rezoning from R-1-A to CF Page 2 contract to purchase the property was approved by the City Commission at its November 2nd meeting. The City now proposes to expand to the north onto two properties just north of the existing retention area. The proposal incorporates Lot 15 and the south 52 feet of Lot 14, Block 43, Town of Delray (0.4 acres, 17,424 sq.ft.). Lot 15 contains a single family house and cottage constructed in 1963, and Lot 14 contains a single family house constructed in 1961. PROJECT DESCRIPTION The proposal is to rezone Lot 15 and the south 52 feet of Lot 14, Block 43, Town of Delray (0.4 acres, 17,424 sq.ft.) from R-1-A (Single Family Residential) to CF (Community Facilities). The rezoning is being processed to accommodate the expansion of the existing tennis center (zoned CF) with the addition of two hard tennis courts north of the existing retention area. A Conditional Use Modification request to allow the addition is also before the Board. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1(Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The FLUM (Future Land Use Map) designation for the subject properties is LD (Low Density Residential 0-5 du/ac) and the zoning designation is R-1-A (Single Family Residential). Pursuant to LDR Section 4.4.21(A), the CF zoning district is deemed compatible with all land use designations shown on the Future Land Use Map. The purpose statement of the CF zone district states that CF zoning is a special purpose zone district primarily intended for facilities that serve public and semi public purposes. The proposed CF zoning to accommodate the Tennis Center expansion is consistent with the LD Future Land Use Map designation. 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. P & Z Staff Report Tennis Center Expansion - Rezoning from R-I-A to CF Page 3 The proposal is to expand the tennis center by a total of 17,424 sq. ft. for the addition of two hard tennis courts. As described below, the impact on the applicable level of service standards should be minimal. Water and Sewer: Water and sewer mains exist within the tennis center facility and no main extensions are necessary. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Streets and Traffic: The two tennis courts are estimated to generate an additional 66 vehicular trips onto the surrounding roadway network. The tennis center complex is located within the City's TCEA (Traffic Concurrency Exception Area) designation, which encompasses the CBD, OSSHAD (Old School Square Historic Arts District) and the West Atlantic Avenue Business Corridor, which includes the tennis center property. The TCEA exempts the above described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Solid Waste: The addition of two tennis courts is not anticipated to have any adverse impact on this level of service standard. 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.$(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: A review of the Goals, Objectives, and Policies of the Comprehensive Plan was undertaken and the following applicable Objectives and Policies were identified. Future Land Use Element Objective A-l: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. Open Space and Recreation Element Objective A-2: Park and recreation facilities shall be adequately and efficiently provided through the implementation of the following policies: P & Z Staff Report Tennis C~nter Expansion - Rezoning from R-I-A to CF Page 4 Open Space and Recreation Element Policy A-2.2: The City, through the Parks and Recreation Department, shall place its first recreation priority on the provision of facilities for activities which serve all residents of the community and which can be achieved through completing the development of existing park areas, enhancing existing facilities, and adding specialized items such as playgrounds to existing facilities. Public Facilities Element Objective D-J: Provisions are to be implemented to maintain and upgrade existing public facilities to retain the acceptable level of service for the facility and to maintain the "marketability of the facility and the City". Capital Improvement Element Objective A-l: The city shall direct financial resources to the task of maintaining and upgrading existing public facilities as necessary to assure that the entire City achieves the adopted levels of service. To this end, the City shall allocate sufficient reserves and annual recurring funding to address critical needs and system deficiencies. The rezoning is being requested to accommodate the expansion of the tennis center with the addition of two tennis courts. The 5 Year Fiscal Schedule within the Capital Improvement Element provides funding ($236,000) for the tennis center in FY 1999-2000. The expansion of the center will enhance the opportunities to gain additional private users, as well as for the City to host additional sporting and entertainment events, which is consistent with the policies and objectives expressed above. Section 3.3.2 (Standards for Rezoninfl Actions): Standards A-C and E are not applicable. The applicable performance standard of Section 3.3.2 is 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 proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject area is surrounded by the following zoning districts and land uses: to the .north and west are single family residences on properties zoned R-1-A (Single Family Residential); east is City Hall and south is the Tennis Center/Stadium, which are zoned CF (Community Facilities). The subject property is being rezoned to accommodate the expansion of the tennis center and to be consistent with the CF zoning designation of the existing facility. The existing tennis center is screened with a green vinyl coated chain link fence and mature landscape materials. Adequate screening will be required to buffer the expansion from the residential properties to the north and west. The tennis facility has co-existed with the adjacent residential neighborhood for many years, with minimal conflict. There are no concerns with compatibility with existing residences. Based upon the above, positive findings can be made with respect to the applicable performance standards. P & Z Staff Report Tennis Center Expansion - Rezoning from R-1-A to CF Page 5 Section 2.4.5(D)~5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; 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 reason for the rezoning is "b". The rezoning is being requested to accommodate the expansion of the tennis center, which will result in the assigning of a classification that is consistent with the existing facility. 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. CF Zone District (Special Regulations): Pursuant to LDR Section 4.4.21(H)(1), within the CF zoning district, the perimeter setback area, when provided, shall be a landscaped area within which no paving shall be allowed except for driveways and walkways leading to structures on the premises. Such driveways and walkways shall be generally perpendicular to the property line. Per LDR Section 4.4.21(H)(2), when this zone district is adjacent to residential zoning, the perimeter landscape area should be increased to a depth of fifteen feet (15'); or, as an alternative, either a wall, decorative fencing, or hedging should be installed for aesthetic and buffer purposes. In addition to the rezoning, tennis centers are a conditional use in the CF zoning district, and a conditional use modification must be approved to allow the expansion the.tennis center, thereby making the above requirements applicable to this project. The existing tennis center facility is screened with green chain link fence and landscape materials. The expansion should not negatively impact the residential properties to the north and west. Means of buffering the residential properties from the addition will be required to be reviewed at site plan. The buffering will require hedges and a tree every 25'. P & Z Staff Report Tennis Center Expansion - Rezoning from R-1-A to CF / Page 6 REVIEW BY OTHERS CRA (Community Redevelopment Agency): At its meeting of November 11, 1999, the CRA reviewed and recommended approval of the proposal. SPRAB (Site Plan Review and Appearance Board): If the rezoning and conditional use requests are approved, a site plan modification will be processed which action by the Site Plan Review and Appearance Board. 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: · West Settlers Historic District Delray Merchants Association · Peach Umbrella Association · Paradise Heights Letters of objection or support, if any, will be presented at the P & Z Board meeting. L ASSESSMENT AND CONCLUSION The request involves the rezoning of the subject properties from R-I-A to CF to accommodate the expansion of the tennis center, as well as to be consistent with the CF zoning classification of the existing tennis center/stadium complex. The proposal is consistent with the policies of the Comprehensive Plan and Chapter of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that the rezoning is being requested to accommodate the expansion of the tennis center, which will result in the assigning of a classification that is consistent with the existing facility. The expansion should not negatively impact the residential properties to the north and west. Adequate screening should be provided to buffer the residences, which will be required to be addressed at site plan. The expansion of the tennis center will require submittal of a complete site plan modification application and adherence to the Land Development Regulations. P & Z Staff Report Tennis Center Expansion - Rezoning from R-1-A to CF Page 7 ALTERNATIVE ACTIONS A. Continue with direction. B. Recommend approval of the rezoning request from R-1-A (Single Family Residential) to CF (Community Facilities) for Lot 15 and the South 52' of Lot 14, Block 43, Town of Linton, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). C. Recommend denial of the rezoning request from R-1-A (Single Family Residential) to CF (Community Facilities) based upon a failure to make positive findings with respect to LDR Section 2.4.5(D)(5), that the rezoning fails to fulfill one of the basis reasons. STAFF RECOMMENDATION Recommend to the City Commission approval of the rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) for Lot 15 and the South 52' of Lot 14, Block 43, Town of Linton, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachments: · Location Map · Existing Zoning Map · Sketch Plan s:~olanning&zoning~P&Z~TennisCtrRez.doc ,,~ ~ ~ ~ ~ ~ ~ .,~ ~ ~ ~.-- .~ .... .~ -~ ... ~..:~ ~' ~, - DELRAY BEACH TENNIS CENTRE THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNING ~1 - FROM: JEFFREY A. COSTELLO, PRINCIPAL PLANN~I~ SUBJECT: MEETING OF NOVEMBER 16, 1999 REZONING FROM R-1-A (SINGLE FAMILY RESIDENTIAL) TO CF (COMMUNITY FACILITIES) FOR TWO PROPERTIES LOCATED ON THE WEST SIDE OF NW 2ND AVENUE~ APPROXIMATELY 400' SOUTH OF MARTIN LUTHER KING~ JR. DRIVE (NW 2N° STREET)~ ASSOCIATED WITH THE TENNIS CENTER EXPANSION. The proposal is to rezone Lot 15 and the south 52 feet of Lot 14, Block 43, Town of Delray (0.4 acres, 17,424 sq.ft.) from R-1-A (Single Family Residential) to CF (Community Facilities). The rezoning is being processed to accommodate the expansion of the existing tennis center (zoned CF) with the addition of two hard tennis courts north of the existing retention area. Associated with this project is a Conditional Use Modification request to allow the tennis center expansion. The conditional use request will be presented to the Commission at second reading of the rezoning, if the rezoning passes on first reading. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. The Planning and Zoning Board will hold a public hearing regarding this item at its meeting of November 15, 1999. Their recommendation along with public comments, if any, will be presented at the Commission meeting. By motion, approve on first reading the ordinance for rezoning from R-I-A (Single Family Residential) to CF (Community Facilities) for Lot 15 and the South 52' of Lot 14, Block 43, Town of Delray based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5), and setting a public hearing date of December 7, 1999. Attachments:P & Z Staff Report and Documentation of November 15, 1999 Ordinance by Others J ~""