Loading...
Ord 28-03ORDINANCE NO. 28-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC) TO CF-C (COMMUNITY FACILITIES-CHURCHES); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SM~T,I, SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED R-l-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT IN PART AND CF (COMMUNITY FACILITIES) DISTRICT IN PART TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF NE 6TM STREET, BETWEEN NE 8TM AVENUE AND PALM TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, St Vincent Ferret Church, is the fee simple owner of a 4.13 acre parcel of land located on the north side of NE 6th Street, between NE 8th Avenue and Palm Trail; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUN0 designation of LD (Low Density Residential 0-5 du/ac); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from LD (Low Density Residential 0-Sdu/ac) to CF-C (Community Facilities- Churches); and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 2003, as being zoned R-I-AA (Single Family Residential) District in part, and CF (Community Facilities) District in part; and WHEREAS, at its meeting of August 18, 2003 the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 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 De[ray Beach, Florida, 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 Future Land Use Map designation of the subject property is hereby officially affixed as CF-C (Community Facilities-Churches) for the following described property. Section 2. That the City of De[ray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 3. That the Zoning District Map of the City of De[ray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District, for the following described property: Lots 1, 2, 3 and 4, less the West 5.0 feet thereof, together with Lots 5, 6, 7 and 8, Replat of Martha's Vineyard, according to the Plat thereof as recorded in Plat Book 23, Page 123, of the Public Records of Palm Beach County, Florida, all in De[ray Beach, Florida less the East 5.0 feet of said Lots 5, 6 and 8 and Less that portion of said Lot 8 described as follows: Beginning at the southeast comer of said LOt 8; thence westerly along the South line of said LOt 8, a distance of 125.0 feet; thence making an angle of 90°00'00" from the previous course through the northeast nm a distance of 2.0 feet; thence making an angle of 90o00'00'' from the previous course through the southeast run 125.29 feet to the East line of said Lot 8; thence southerly along the East line of said LOt 8, a distance of 2.02 feet to the point of beginning. Section 4. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of De[ray Beach, Florida, to conform with the provisions of Section 3 hereof. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That should any section or provision of this ordinance or any pordon 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. 2 ORD. NO. 28-03 Section 7. That this ordinance shall become effective as follows: thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Depam~ent of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. ATI'EST PASSEI~A. Na]~ A~.O. FI?D in rev,hr session on second and final reading on this the day of/,~~-~ .2003. City Clerk First Readin~ Second Readin~ 3 ORD. NO. 28-03 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER .~ AGENDA ITEM # \~11.~_ REGULAR MEETING OF SEPTEMBER 2.3. 2003 ORDINANCE NO, 28-0J (SMALL SCALE FUTURE LAND USE MAP AMENDMENT & REZONING SEPTEMBER 19, 2003 This ordinance is before Commission for second reading and a quasijudicial hearing that provides for a small scale Future Land Use Map (FLUM) amendment from LD (Low Density Re(~dential - Five (5) dwelling units/acre) to CF-C (Community Facilities - Churches) for a 4.13 acre parcel of land, and rezoning from R-I-AA (Single Family Residential) to CF (Community Fa(flifies) for a 0.795 acre parcel for the St. Wmcent Ferret Church located on the north side of N.E. 6~' Street, between N.E. 8~h Avenue and Palm Trail. The church has acquired three (3) additional lots southeast of the current church campus at the northeast comer of N.E. 8m Avenue and N.E. 6m Street. The proposed FLUM amendment involves the southern half of the church property which includes the 3.335 acre parcel of land where the new gynmasium facilities, pre-kindergarten facility and meeting hall exist and the newly acquired 0.795 acre parcel of land. On February 16, 1999, the City Commission approved a City initiated corrective rezoning from R-I-AA (Single Family Residential) to CF (Community Facilities). The Planning and Zoning Board held a public heating in conjunction with the request. There were no public comments. After discussing this proposal, the Board voted 6-0 to recommend that the requests be approved, based on positive findings with respect to Future Land Use Element Policy A- 1.7 of the Comprehensive Plan (FLUM Amendment Findings), Land Development Regulations (LDR) Section 3.1.1 (Required Findings), LDR Section 2.4.5 (12))(5) (Rezoning Findings), and the goals, objectives, and policies of the Comprehensive Plan. At the first reading on September 9, 2003, the City Commission passed Ordinance No. 28-03. Recommend approval of Ordinance No. 28-03 on second and final reading. S:\City Clerk\agenda memo~\ Ord.28.03.9.23.03 Rezonmg TO: THRU: FROM: SUBJECT: MICHELLE HOYLAND, SENIOR PLAN NER~,,~ ~ ~ MEETING OF SEPTEMBER 9, 2003 PRIVATELY INITIATED SMALL SCALE FUTURE LAND USE MAP (FLUM) AMENDMENT FOR ST. VINCENT FERRER CHURCH~ FROM LD (LOW DENSITY RESIDENTIAL 0-5 DWELLING UNITS PER ACRE) TO CF-C (COMMUNITY FACILITIES - CHURCH) FOR A 4.13 ACRE PARCEL AND A REZONING FROM R-l- AA (SINGLE FAMILY RESIDENTIAL) TO CF (COMMUNITY FACILITIES) FOR A 0.795 ACRE PARCEL LOCATED ON THE NORTH SIDE OF NE 6TM STREET~ BETWEEN NE 8TM AVENUE AND PALM TRAIL. The entire church property (9.8 acres) was zoned R-1AA (Single Family Residential) prior to the Citywide Rezoning associated with the approval of the Land Development Regulations in 1990. The zoning and Future Land Use Map designation on the northern half (6.46 acres) of the parcel was changed to CF (Community Facilities) with the Citywide Rezoning in 1990. The zoning on the southern half retained its zoning designation of R-l-AA (3.4 acres), as it contained several residential structures. Since the southern half of the property (Lots 4-8, Replat of Martha's Vineyard) had been owned and utilized by the church for Community Facility uses since at least the mid 1970's the appropriateness of the retention of single family zoning R-l-AA was questionable. Therefore, the City Commission approved a City Initiated Corrective Rezoning from R-1AA to CF on February 16, 1999. At the time this portion of the property had an underlying Future Land Use Map designation of LD (Low Density Residential 0-5 du/ac) which was not changed as it was consistent with the proposed zoning of CF. Subsequently, the Church obtained site plan approval on March 17, 1999, from the Site Plan Review and Appearance Board (SPRAB) for the construction of a new gymnasium, facilities for pre-kindergarten children and a new meeting hall on the southern property. These improvements have been constructed. The church has acquired three additional lots (0.795 acres) southeast of the current church campus at the northeast corner of NE 8th Avenue and NE 6th Street. The proposed FLUM Amendment involves the southern half of the church property which includes the 3.335 acre parcel of land where the new gymnasium facilities, pre-kindergarten facility and meeting hall exist and the newly acquired 0.795 acre parcel of land. The 0.795 acre parcel is to be rezoned from R-l-AA to CF. The applicant (St. Vincent Ferrer Church) does not propose a change in use of the property at this time. Additional background and an analysis of the FLUM amendment and rezoning are provided in the attached Planning and Zoning Board staff report. At its meeting of August 18, 2003, the Planning and Zoning Board held a public hearing in conjunction with the Rezoning and FLUM amendment requests. After reviewing the staff report and discussing the proposal, the Board unanimously voted 6-0 (Pike absent) to recommend that the requests be approved, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. /C~"~ City Commission Documentation Meeting of September 9, 2003 St. Vincent Ferrer Church - FLUM Amendment and Rezoning Page 2 By motion, approve the proposed FLUM Amendment from LD (Low Density Residential 0-5 du/ac) to CF-C (Community Facilities - Church) for a 4.13 acre parcel of land and rezoning from R-l-AA (Single Family Residenital) to CF (Community Facilities) for a 0.795 acre parcel of land, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Attachments: P & Z Staff Report of August 18, 2003 & Ordinance by Others ORDINANCE NO. 28-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM LD (LOW DENSITY RESIDENTIAL 0-5 DU?AC) TO CF-C (COMMUNITY FACILITIES-CHURCHES); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED R-l-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT IN PART AND CF (COMMUNITY FACILITIES) DISTRICT IN PART TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF NE 6TM STREET, BETWEEN NE 8TM AVENUE AND PALM TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, St Vincent Fetter Church, is the fee simple owner of a 4.13 acre parcel of land located on the north side of NE 6th Street, between NE 8m Avenue and Palm Trail; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) des'zgnafion of LD (Low Density Residential 0-5 du/ac); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from LD (Low Density Residential 0-5du/ac) to CF-C (Community Facilities- Churches); and WHEREAS, the property herCmafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 2003, as being zoned R-I-AA (Single Family Residential) District in part, and CF (Community Facilities) District in part; and WHEREAS, at its meeting of August 18, 2003 the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 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, 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 Future Imnd Use Map designation of the subject property is hereby officially affnced as CF-C (Community Fa(rifles-Churches) for the follow'mg described property. Section 2. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 3. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District, for the follow'rog described property: Lots 1, 2, 3 and 4, less the West 5.0 feet thereof, together with Lots 5, 6, 7 and 8, Replat of Martha's Vineyard, according to the Plat thereof as recorded in Plat Book 23, Page 123, of the Public Records of Palm Beach County, Florida, all in Delray Beach, Florida less the East 5.0 feet of said Lots 5, 6 and 8 and Less that portion of said Lot 8 described as follows: Beginning at the southeast comer of said Lot 8; thence westerly along the South line of said Lot 8, a distance of 125.0 feet; thence making an angle of 90°00'00" from the previous course through the northeast mn a distance of 2.0 feet; thence making an angle of 90~00'00'' from the previous course through the southeast run 125.29 feet to the East line of said Lot 8; thence southerly along the East line of said Lot 8, a distance of 2.02 feet to the point of beginning. Section 4. That the Planning and Zoning Director of the 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 3 hereof. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. 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. 2 ORD. NO. 28-03 Section 7. That this ordinance shall become effective as follows: th~-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the day of ., 2003. A'ITIriST MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 28-03 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: August 18, 2003 IV. A. Future Land Use Map Amendment From LD (Low Density Residential) To CF-C (Community Facilities-Churches) for a 4.13 Acre Parcel of Land and Rezoning From R-l-AA (Single Family Residential) To CF (Community Facilities) for a 0.795 Acre Parcel of Land For St Vincent Ferrer Church (Quasi-Judicial Hearing). ~ ~ Z WATERWAY NORTH CC ~ I ~N£ r ' ACURA ~ ~ ~ M.S.A. mACr ~- GENERAL DATA: Owner ........................................ Diocese of Palm Beach Applicant .................................... Father Skeehan-St. Vincent Ferrer Church Agent ......................................... Digby Bddges, Marsh & Associates, P.A. Location ..................................... North side of NE 6th Street, between NE 8th Avenue and Palm Trail. Property Size ............................. 4.13 Acres (Land Use Designation Request) & 0.795 Acres (Rezoning Request) F.L.U.M. Designation ................. Community Facilities-Churches & Low Density (0-5 units/acre) Current Zoning .......................... CF (Community Facilities) Adjacent Zoning ............... North: CF (Community Facilities) East: R-l-AA (Single Family Residential) South: R-l-AA West: R-l-AA (Single Family Residential) Existing Land Use .................... A church, three single family residences, storage facility for the church and basketball courts. Proposed Land Use ................... Future Land Use Map Amendment from LD (Low Density Residential) To CF-C (Community Facilities-Chumhes) and Rezoning From R-l-AA (Single Family Residential) to CF (Community Facilities). Water service ............................ Existing on site. Sewer Service ........................... Existing on site. IV. A. The action before the Board is that of making a recommendation to the City Commission on a privately sponsored Small Scale Future Land Use Map (FLUM) Amendment from LD (Low Density Residential 0-5 dwelling units per acre) to CF-C (Community Facilities - Church) for a 4.13 acre parcel and a rezoning from R-l-AA (Single Family Residential) to CF (Community Facilities) for a 0.795 acre parcel located on the north side of NE 6t~ Street, between NE 8th Avenue and Palm Trail. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM and Rezoning Amendments for any property within the City. The entire church property (9.8 acres) was zoned R-1AA (Single Family Residential) prior to the Citywide Rezoning associated with the approval of the Land Development Regulations in 1990. The zoning and Future Land Use Map designation on the northern half (6.4 acres) of the parcel was changed to CF (Community Facilities) with the Citywide Rezoning in 1990. The zoning on the southern half retained its zoning designation of R-l-AA (3.4 acres) as it contained several residential structures. As the southern half of the property had been owned and utilized by the church for Community Facility uses since at least the mid 1970's the appropriateness of the retention of single family zoning R-1 -AA is questionable. On February 16, 1999, the City Commission approved a City Initiated Corrective Rezoning from R-1AA to CF for this southern half (Lots 4-8, Replat of Martha's Vineyard). At the time this portion of the property had an underlying Land Use designation of LD (Low Density Residential 0-5 du/ac) designation which was not changed as it was found to be consistent with the proposed zoning of CF. Subsequently, the Church obtained site plan approval on March 17, 1999, from the Site Plan Review and Appearance Board (SPRAB) for the construction of a new gymnasium, facilities for pre-kindergarten children and a new meeting hall on the southern property. These improvements have been constructed. The church has subsequently acquired three additional lots southeast of the current church campus. The proposed FLUM Amendment involves the southern half of the church property which includes the 3.335 acre parcel of land where the new gymnasium facilities, pre-kindergarten facility and meeting hall exists and the newly acquired 0.795 acre parcel of land at the northeast corner of NE 8th Avenue and NE 6th Street. The 0.795 acre parcel (3 lots) is also subject to the proposed Rezoning from R-l-AA to CF. The applicant (St. Vincent Ferrer Church) does not propose a change in use of the property at this time. Planning and Zoning Board S; ~eport St. Vincent's Ferrer Church - FLUM Amendment and Rezoning Page 2 REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use 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, written materials submitted by the applicant, 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 resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. While the current LD (Low Density Residential 0-5 du/ac) FLUM designation is consistent with the existing CF and R-l-AA zoning districts, the proposed CF FLUM designation will allow overall consistency with the balance of the Church property. The proposed zoning change from R-l-AA (Single Family Residential) to CF (Community Facilities) for the three residential structures will be consistent with the proposed CF-C FLUM designation as they are being utilized by the Church. Churches and their accessory uses are allowed as Conditional Uses in the R-l-AA zoning district. However, the existing residential, school and gymnasium uses are allowed as a permitted use accessory to the Church in the CF zoning district. Rezoning to CF is more appropriate given the similar designations on the balance of the property. The CF (Community Facilities) zoning district is consistent with the proposed CF-C (Community Facilities - Church) Future Land Use Map designation. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these 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, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. Planning and Zoning Board S~ ~eport St. Vincent's Ferrer Church - FLUM Amendment and Rezoning Page 3 The proposal involves a privately initiated FLUM designation change from LD (Low Density Residential 0-5 du/ac). As stated earlier, the proposed CF-C FLUM designation allows overall consistency of the existing 3.335 acre parcel which currently contains the gymnasium, pre-kindergarten facility and meeting hall with the balance of the Church property. The 0.795 acre parcel of land, located at the northeast corner of NE 8th Avenue and NE 6th Street, which contains three single family residences, is owned by the Church. The Church currently occupies the entire block and therefore it seems more appropriate for these parcels to be incorporated into the Church campus given their use and location, immediately adjacent to the Church. While the applicant has indicated that teachers and staff of the Church reside on this property the future development potential or church uses will be allowed as a permitted use rather than a conditional use required under the current R-l-AA zoning designation. The St. Vincent's Ferrer Church campus exists to the north of the subject property, and functions with the subject property as an overall campus. To the west, south and east, single family residential exists within the R-l-AA zoning district, which have a LD FLUM designation. Given the existing character and FLUM designations of the surrounding area the proposed CF-C designation is the most appropriate for the subject property as it will allow consistency for the balance of the Church property and therefore is consistent with this Policy of the Comprehensive Plan. [3 Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The following are the applicable objective is noted: 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. The subject 3.335 acre property does not have any unique environmental characteristics that would prohibit development of the site or require mitigation measures. However, the 0.795 acre parcel, which contains three single family homes and is located immediately west of the Church campus, currently has a LD (Low Density Residential 0-5 du/ac) FLUM designation and is within the R-l-AA zoning district. While it is noted that churches are allowed as conditional uses within the R-l-AA zoning district, they are allowed as permitted uses within the CF zoning district. Therefore, the proposed changes will allow uses which are currently conditional uses to be permitted uses under the CF FLUM and zoning designations. The net result of this change would be to allow development of church uses under less restrictive land use control (i.e. not require conditional use approval). That said, future development of these parcels can be done in a manner which would be complementary to adjacent uses through the resulting site plan review requirements. Planning and Zoning Board S' Report St. Vincent's Ferrer Church - FLUM Amendment and Rezoning Page 4 The FLUM amendment to CF-C and zoning to CF will ensure overall consistency with the balance of the Chumh property, which is complementary to the adjacent residential homes to the east, west and south and to the most part existed this way for many years. El Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered with respect to the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. The existing use of the property includes residential and school functions associated with the Church. The existing LD FLUM designation is consistent with both the R-l-AA and CF zoning designations. The intensities of the uses allowed under the CF zoning district can be greater than those developable under residential zoning districts. However, churches are allowed as conditional uses in residential districts. Conditional uses are usually approved subject to the provision of appropriate mitigation of any impacts on adjacent properties. Within the CF zoning district the church use will become a permitted use. There are no concerns meeting Level of Service standards relating to traffic, drainage, water and sewer, solid waste. Drainage can be accommodated on site via an exfiltration system. City facilities, such as water and sewer have sufficient capacity to handle development under the CF-C FLUM and CF zoning designations. Similarly, solid waste can be accommodated by existing County facilities and the development potential should have no impacts relating to schools or parks. It is anticipated that concurrency levels associated with future development of these parcels can be met. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the 3.335 acre and 0.795 acre parcels of land will occur in accordance with the City's Land Development Regulations and subject to the site plan review process. It is anticipated that there should be no problems complying with the Land Development Regulations. As previously stated, the zoning involves three parcels of land which total 0.795 acres, which were recently acquired by the Church. These parcels contain three single family homes which are occupied by Church staff and teachers. The proposed City zoning designation for these parcels is CF (Community Facilities) while the current zoning designation is R-l-AA (Single Family Residential). The zoning designations of the surrounding properties are identified in the Future Land Use Map Amendment Analysis section of this report. Planning and Zoning Board S ~eport St. Vincent's Ferrer Church - FLUM Amendment and Rezoning Page 5 Section 3.2.2 (Standards for Rezoning Actions): Standards B, C and E are not applicable. The applicable performance standards of Section 3.2.2 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 property is located within the area identified as "stable" on the Residential Neighborhood Categorization Map. The development pattern of this existing neighborhood is such that properties have been primarily developed as single family residences (R-l-AA zoning) with the exception of the St. Vincent's Ferrer Church. The throe single family homes located on the 0.795 acre parcel of land are located immediately west of the Church within the block occupied by the Church. The residences have been utilized as homes by Church staff and teachers. Given the use and the desiro to incorporate the rosidences into the church campus, and the fact that a CF zoning designation is proposed, consistency with this standard can be made. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use 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 following zoning designations and uses border the property: Diroction Zoninq Uses North CF West R-l-AA South R-1 -AA East R-1 -AA Existing St. Vincent's Ferror Church Single Family Residences Single Family Residences Single Family Residences The proposed rezoning is compatible with the adjacent land uses and consistent with the development pattern of the existing Church. The proposed zoning will allow the Community Facility use of a church. Churches aro currently allowed as conditional uses within the existing zoning category of R-l-AA. Conditional uses are usually approved with appropriate mitigation of any impacts on adjacent properties. As no negative impacts on adjacent properties are expected, this use is compatible under both the existing and proposed zoning categories. Section 2.4.5(D){5) {Rezonin.q Findin.qs): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter Three, 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: Planning and Zoning Board S~ ~,eport St. Vincent's Ferrer Church - FLUM Amendment and Rezoning Page 6 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; 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. As noted previously, the development pattern within the surrounding neighborhood has been established such that the properties are mainly single family residences. The existing LD FLUM designation is consistent with both the existing R-l-AA and proposed CF zoning designations. The intensities of the uses allowed under the CF zoning district can be considered greater than residential zoning districts, as chumhes are allowed as permitted uses in the CF zoning district and conditional uses in residential districts. There are appropriate and sufficient regulations in place to mitigate potential negative impacts on the surrounding area which can be applied through the site plan review process should future development occur of these three parcels. As no negative impacts on adjacent properties are expected, this use can be considered compatible under both the existing and proposed zoning categories. Additionally, the proposed rezoning will allow overall consistency with the balance of the Church property, which is complementary to the adjacent residential homes to the east, west and south and has existed this way for several years. Therefore, a finding can be made the rezoning fulfills subsection "c." The property is not in an area that requires review by the CRA (Community Redevelopment Area) or the DDA (Downtown Development Authority). Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · Palm Trail · Presidents Council · PROD Planning and Zoning Board £ Report St. Vincent's Ferrer Church - PLUM Amendment and Rezoning Page 7 The Future Land Use Map (FLUM) Amendment from LD (Low Density Residential 0-5 du/ac) to CF-C (Community Facilities - Chumh) for a 4.13 acres pamel of land and rezoning from R-l-AA (Single Family Residenital) to CF (Community Facilities) for a 0.795 acre pamel of land located on the north side of NE 6th Street between NE 8m Avenue and Palm Trail, is consistent with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. The CF-C FLUM and CF zoning designations are more appropriate given the subject property's existing uses associated with the St. Vincent's Ferrer Church, and will enable consistency with the balance of the property. Continue with direction. Recommend to the City Commission approval of the FLUM Amendment and Rezoning for the subject property, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; or Recommend to the City Commission denial of the FLUM Amendment and Rezoning based on a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and Section 3.1.1 (Required Findings) of the Land Development Regulations, with the basis stated. Recommend to the City Commission approval of the proposed FLUM Amendment from LD (Low Density Residential 0-5 du/ac) to CF-C (Community Facilities - Chumh) for a 4.13 acre parcel of land and rezoning from R-l-AA (Single Family Residenital) to CF (Community Facilities) for a 0.795 acre parcel of land, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Report prepared by: Michelle Hoyland, Senior Planner Attachments: · Proposed Future Land Use Map · Zoning Map · Survey · VINCENT'S CHURCH -- FLUM AMENDMENT - FROM: LD (LOW DENSITY RESIDENTIAL, 0-5 UN/TS / ACRE) TO: CF-C (COMMUNITY FACILITIES - CHURCHES) 840 G. BUSH BLVD. CHURCH PROPERTY BOUNDARIES SUPPLEMENTAL INFORMATION PCN~ SEE OFFICIAL SURVEY APPROXIMATE ACRE~GE: 4.13 CURRENT ZONING: CF (COMMUNITY FACILITIES) & R-I -AA (SINGLE FAMILY S CF SAI CHURCH -- REZ©NING - FROM: R-l-AA (SINGLE FAMILY RESIDENTIAL) TO~ CF (COMMUNITY FACILITIES) 840 G. BUSH BLVD. SUBJECT AP. EA CHURCH PROPERTY BOUNDARIES ~ v SUPPLEMENTAL INFORMATION PCN~; SEE OFFICIAL SURVEY APPROXIMATE ACREAGE: 4.13 FLUM: CF-C COMMUNI~f FACILITIES - CHURCHES) & LD (LOW DENSITY RESIDENTIAL, 0-5 UNITSI AC~E) E~ISTING LAND USAGE: CHURCH AND RESIDEN~AL WITHIN TRAFFIC ANALYSIS ZONE; #S23 WITHIN ,~ CENSUS TRACT; ~64.01~,~ S CITY OF DELRAY BEACH' NOTICE OF PROPOSED LAND USE 'CHANGE AND REZONING ~ ~ ....... ~.. ~ ~ a 4.13 acm parcel and a mzo~i~ FROM R.1-AA (Single Famty Residential) in part and CF (Community r-acilif~m) in pa.1 to CF (Comrmmity ~) ~ a panel locked on the AT 7~ p.M. in ~ ~ C~m-~e~s at City Hd, 100 N.W. 1st ~ DeI~Y - -Be.~-, ORDINANOE NO. 2S43 CFC (COMMUNITY FACILmES-CHURCHES); E~ECZlNG TO PROCEED UNDER.THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AUENDMENTS; AND REZONiNG AND PLACING LAND PRESEkql.Y ZONED R-1.M, E FAMILY RESIDENTIN.) DISTRICT IN PART AND CF (COUUUNI~ FAClLmES) DISll~lCl' IN PART10 CF (COUIVlUNITY FACILmES) DIS~ICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON ll.lE NORTH SIDE OF NE 6TH 81REET, BETWEEN NE 8TH AVENUE AND PALM TRAIL, AS MORE PARTICULARY DESCRIBED HEREIN; Am~4O~ 'ZONING ~ O~ DELRAY BEACH, FLORIDA AFRIL 2003"; PROVIDING A a~d ~-.-"--,~ Depame~, 1~0 N.W. ia Mine, D~/Beach, Retda 33444 (mai a ~=mail@mydek~.cm); I~ ~1)243-7040, bWm. ~e h~rs ~ S~ e.m. ~ '~115 PURPOSE SIJCI.I PIERSON MAY NEB)TO B~:~JRE 11.lAT A ~I~E~'IURECORD RqEPARE a.K~ I~:X)RD ~ TO F.& 3K.0105. ,