39-93 FAILED/SECOND READING - 6/22/93
~mMI ORDINANCE NO. 39-93
~ m~.,~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
o,~,~,., ~ ~ DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
Mm~'o~"'~ PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN
~0N~AYENUE,~T~E THE RM (~EDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND
,,,~..i ^.. ,~.~ BEING GENERALLY LOCATED SOUTH OF LAKE IDA ROAD AND WEST
-~*~,.~,o~;,,~ OF CONGRESS AVENUE, AS THE SAME IS MORE PARTICULARLY
A ~..~ ~,~E, A.. DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP,
A#EFFECTIYE~TE.
DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the
City of Delray Beach, Florida, is hereby rezoned and placed in the
RM (Medium Density Residential) District, as defined in Chapter Four
at Subsection 4.4.6(H) (1) of the Land Development Regulations of the
City of Delray Beach, Florida, to-wit:
A part of Lot 20 of Block 1, as shown on the Plat of
DELRAY SHORES, Palm Beach County, Florida, as recorded
in Plat Book 24, on Pages 232 and 233 of the Public
Records of Palm Beach County, Florida, said part being
more particularly described as follows:
Beginning at the Northeast corner of Lot 1 of said
Block 1, DELRAY SHORES; thence Easterly, along the arc
of a curve concave to the South, having a radius of
1569.66 feet, a central angle of 04 degrees 41'27" and
a chord bearing of South 87 degrees 39'18" East, a
distance of 128.49 feet; thence due South, a distance
of 812.98 feet; thence South 88 degrees 09'00" East, a
distance of 394.64 feet to a point in the Westerly
right-of-way of Congress Avenue; thence South 18
degrees 38'55" West, along said Westerly right-of-way
line of Congress Avenue, a distance of 512.38 feet to
the point of curvature of a curve concave to the
Southeast; thence Southwesterly, along the arc of said
curve, having a radius of 3872.80 feet and a central
angle of 01 degrees 08'24", a distance of 77.06 feet;
thence North 88 degrees 09'00" West, a distance of
488.28 feet to a point in the Easterly right-of-way
line of Davis Road; thence due North a distance of
108.95 feet to a point of curvature of a curve concave
to the Southwest having a radius of 575 feet and a
central angle of 36 degrees 00'00", a distance of
361.28 feet; thence North 54 degrees 00'00" East, a
distance of 110.00 feet; thence Northwesterly, along
FAILED/SECOND READING - 6/22/93
FAILED/SECOND READING - 6/22/93
the arc of a curve concave to the Southwest having a
radius of 3100 feet, a chord bearing of North 43 51'25"
West, and a central angle of 15 degrees 42'48", a
distance of 850.14 feet; thence North 08 degrees 28'06"
East, a distance of 142.81 feet; thence due East, a
distance of 740 feet; thence due North 110 feet to the
Point of Beginning afore described.
LESS AND EXCEPT those parcels of land described in
Official Record Book 2398, Page 1424, Official Record
Book 3198, Page 481, and Official Record Book 4545,
Page 235, Public Records of Palm Beach County, Florida,
and less right-of-way for Congress Avenue.
Said property containing 18 acres, more or less, and
lying South of Lake Ida Road and West of Congress
Avenue in Delray Beach, Florida.
Section 2. That the Planning Director of the City of Delray
Beach, Florida, shall, upon the effective date of this ordinance,
change the Zoning District 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 which
are 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 day of , 1993.
MAYOR
ATTEST:
City Clerk
First Reading May 25, 1993
Second Reading June 22, 1993/FAILED
- 2 - Ord. No. 39-93
FAILED/SECOND READING - 6/22/93
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM $ /~9~ _ MEETING 0F JUNE 22, 1993
ORDINANCE NO. 39-93/REZONING FROM POS TO RM
DATE: June 18, 1993
This is second reading of an ordinance rezoning and placing land
presently zoned POC (Planned Office Center) district in the RM (Medium
Density Residential) district; said land being generally located south
of Lake Ida Road and west of Congress Avenue. The subject property is
the remaining parcel of the Dorson property.
First reading was held on this ordinance at the May 25th regular
meeting. At that time concerns were expressed about possible changes
to the proposed land use, the impact on traffic, and compatibility
with future developments. A suggestion was made to consider a
limitation on density for this parcel. Subsequently, at the June 8th
regular meeting, first reading was held on Ordinance No. 40-93
relative to limitation of density in the RM District by numerical
suffix, and also on Ordinance No. 42-93 which rezones the property to
RM-8 (Medium Density Residential - Eight (8) units per acre).
The Planning and Zoning Board will reconsider this item at their June
21st meeting. Staff will provide a verbal report at Tuesday evening's
meeting. Depending on the disposition of Ordinance No. 40-93, the
Commission will then make a determination as to the appropriate zoning
(RM by Ordinance No. 39-93 or RM-8 by Ordinance No. 42-93).
Recommend consideration of Ordinance No. 39-93 on second and final
reading, based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5 (D)(5) of the Land
Development Regulations, the policies of the Comprehensive Plan; and,
upon the disposition of Ordinance No. 40-93.
CITY COMMISS ION DOCUMENTATION
FROM: ~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JUNE 22, 1993
SECOND READING OF ORDINANCES 39-93 & 42-93
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
apDroval on second reading of either of these ordinances.
The associated project is known as "Club Delray". It is
to be located ~n the vacant land surrounding Lake Ida Plaza
(southwest corner of Lake Ida Road and Congress Avenue).
BACKGROUND:
The proposed ordinance each address the same property. The
difference is that 39-93 rezones to the RM designation without a
density limitation; however, total unit count would be
controlled by traffic concurrency. Such a limitation may change
based upon analytic factors e.g. trip generation, distribution
pattern, etc. Ordinance 42-93 limits the density to no more
than eight (8) units per acre. However, the density suffix can
be applied only if a change is made to the text of the RM zone
district. An ordinance to that effect precedes consideration of
these ordinances.
Additional Information: At the last City Commission meeting,
Helen Coopersmith inquired as to whether or not a copy of her
letter of June 2nd had been provided as a part of the record.
It had not. Pursuant to Commission direction, a copy of that
letter is attached for your information and record purposes.
PLANNING AND ZONING BOARD CONSIDERATION:
Previously the Board had recommended approval of rezoning from
POC to RM. Thus, either Ordinance 39-93 or 42-93 would be
consistent with the Board's recommendation and findings.
City Commission Documentation
Second Reading of Ordinances 39-93 & 41-93
Page 2
RECOMMENDED ACTION:
If the ordinance enabling the use of a density suffix is
approved, then Ordinance 42-93 should be adopted and 39-93
denied.
If the enabling ordinance is not approved, then Ordinance 39-93
should be adopted and Ordinance 42-93 denied.
Attachment:
* PROD letter of June 2, 1993 directed to SPRAB
DJK/T:CCLIP.doc
June 2', 1993
To: Members of SPRAB
From: Helen Coopersmith (PROD)
RE: "Concept Plan" Review for Multi-Family Development for "Club Delray"
Unfortunately I am unable to attend this SPRAB meeting due to a previous
committment (which is city related). But having spoken on this issue
before the P&Z Board (workshop and regular meetings alike) and the City
Commission Meeting (first reading) I - on behalf of many citizens - ask
your indulgence. I am aware that the purpose of SPRAB dictates that
it is your job to review a SITE PLAN which includes size of units -
explicit architectural renditions - elevations - and all that is re-
quired in a definitive site plan.
Having said all that please bear with me as I state the reasons why many
of us are opposed to this proposed project.
First and foremost the phrase "concept plan" is contradictitory! A con-
cept is an-idea ~ a p~kn is a schematic detailed, professional lay-out
of a proposed development. Might I ask how can a concept be "reviewed"
when the latter was not presented?
Mr. Brochu~e~for a re-zoning (I mention this as an aside) from POC
to RM on 18 acres stating that he is going to build a CONDOMINIUM of
128 units for WINTER RESIDENTS . He stated that he already has tentative
committments from 68 buyers. He showed the P&Z Board and the City Com-
mission D~AWINGS - a sketch - if you will.
Opposition to this proposed concept is based on the following:
1. The RM zoning 4.4.6D (if granted by the commission) allows a
multitu~de of conditional uses. PLEASE REMEMBER THERE IS NO
'SITE PLAN.
2. The apllicant , when asked by the residents of Pines of Delray
North as to the age of the residents, told them that the age
wculd be 55 and over. (so much for the "no more adult communities
in Delray~) BUT when he came before the P&Z 7 Commission he
stated that all ages are welcome. Blatent contradictions~!
3. Many of us (including 2 commissioners) are concerned that the
68 buyers will rent their units. When the applicant was con-
f~onted with this he stated that this development will be a
condominium. When asked if he is familiar with the Florida
condominium laws he stated that "we are looking into this".
~en Commissioner A1perin wanted detailed information as to
rentals i.e. absentee owners, and was concerned about this
development becoming another Delray Estates.
4. Commissioner Randolph said that the applicant was not giving
us enougSLinformation and couldn't go along with it.
5. We ask the SPRAB to look at the location, the surrounding area
as it relates to "vacationing tourists".
June 2, 1993
To: SPRAB
From: Helen Coopersmith (PROD)
6. Will there be 128 units or 216 units? Under RM that is allowedv
remember there is no definitive site plan!
7. Vagar¥~ persists! The applicant says - in answer "It will increase
the city's tax base. It will be nice"
8. If they are serious in their intent they would~spen~the dollars
for a specific site plan - and if indeed the~-have 68 "vacationing"
buyers or are~these "buyers" investors waiting'for a CHANGE IN
ZONING?
9. OR - will there be a FOR SALE SIGN on the 18 acres once the
zoning is changed?
Members of the SPRAB - believe me - I hope I am wrong - but I have been
around a long time - I sat on the then P & Z Board - and listened to
the "promises" of many "well-intentioned" developers many of whom DID
invest monies in architectual renditions - site plans - etc. and in the
end broke their promises. This applicant has madel no such investment-.
he is vague - and I ask you one question - please use simple logic
before you make a decision.- a walled-in community - with egress from
Congress Avenue - (if that is what they are really planning - will
"it be nice"?
As I said to the City Commission - please be careful!
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
ORDINANCE NO. 39-93
DATE: May 21, 1993
This is the first reading of an ordinance rezoning and placing land
presently zoned POC (Planned Office Center) district in the RM (Medium
Density Residential) district; said land being generally located south
of Lake Ida Road and west of Congress Avenue.
The subject property is the remaining parcel of the Dorson property.
The development proposal consists of constructing eight two-story
buildings, consisting of 16 condominium units each, for a total of 128
units. This number of units represent 7.11 dwelling units per acre as
opposed to the 12 units per acre allowed by the RM designation.
The Planning and Zoning Board at their May 17th meeting held a public
hearing on the rezoning request. Several members of the public spoke.
There was a general concern that once the rezoning was approved, it
would allow a maximum density of 12 units per acre, and that there
were no guarantees that the proposed 128 unit condominium project
would be built. The Planning and Zoning Board recommended approval of
the rezoning request. A detailed staff report is attached as backup
material for this item.
Recommend approval of Ordinance No. 39-93 on first reading, based upon
positive findings with respect to Chapter 3 (Performance Standards)
and .Section 2.4.5 (D)(5) of the Land Development Regulations, and
the policies of the Comprehensive Plan.
ORDINANCE NO. 39-93
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 RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND
BEING GENERALLY LOCATED SOUTH OF LAKE IDA ROAD AND WEST
OF CONGRESS AVENUE, AS THE SAME IS MORE PARTICULARLY
DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP,
DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the foTlowing described property in the
City of Delray Beach, Florida, is hereby rezoned and placed in the RM
(Medium Density Residential) District, as defined in Chapter Four of
the Land Development Regulations of the City of Delray Beach, Florida,
to-wit:
A part of Lot 20 of Block 1, as shown on the Plat of
DELRAY SHORES, Palm Beach County, Florida, as recorded
in Plat Book 24, on Pages 232 and 233 of the Public
Records of Palm Beach County, Florida, said part being
more particularly described as follows:
Beginning at the Northeast corner of Lot 1 of said
Block 1, DELRAY SHORES; thence Easterly, along the arc
of a curve concave to the South, having a radius of
1569.66 feet, a central angle of 04 degrees 41'27" and
a chord bearing of South 87 degrees 39'18" East, a
distance of 128.49 feet; thence due South, a distance
of 812.98 feet; thence South 88 degrees 09'00" East, a
distance of 394.64 feet to a point in the Westerly
right-of-way of Congress Avenue; thence South 18
degrees 38'55" West, along said Westerly right-of-way
line of Congress Avenue, a distance of 512.38 feet to
the point of curvature of a curve concave to the
Southeast; thence Southwesterly, along the arc of said
curve having a radius of 3872.80 feet and a central
angle of 01 degrees 08'24", a distance of 77.06 feet;
thence North 88 degrees 09'00" West, a distance of
488.28 feet to a point in the Easterly right-of-way
line of Davis Road; thence due North a distance of
108.95 feet to a point of curvature of a curve concave
to the Southwest having a radius of 575 feet and a
central angle of 36 degrees 00'00", a distance of
361.28 feet; thence North 54 degrees 00'00" East, a
distance of 110.00 feet; thence Northwesterly, along
the arc of a curve concave to the Southwest having a
radius of 3100 feet, a chord bearing of North 43 51'25"
West, and a central angle of 15 degrees 42'48", a
distance of 850.14 feet; thence North 08 degrees 28'06"
East, a distance of 142.81 feet; thence due East, a
distance of 740 feet; thence due North 110 feet to the
Point of Beginning afore described.
LESS AND EXCEPT those parcels of land described in
Official Record Book 2398, Page 1424, Official Record
Book 3198, Page 481, and Official Record Book 4545,
Page 235, Public Records of Palm Beach County, Florida,
and less right-of-way for Congress Avenue.
Said property containing 18 acres, more or less, and
lying South of Lake Ida Road and West of Congress
Avenue in Delray Beach, Florida.
Section 2. That the Planning Director of the City of Delray
Beach, Florida, shall, upon the effective date of this ordinance,
change the Zoning District 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 which
are 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 day of , 1993.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 39-93
CITY COMMI S S I ON DOCUMENTAT I ON
TO: //U~DT. HARDEN, CITY MANAGER
THRU: J. KOVACS, D
DEPARTMENT OF PLANNING AND ZONING
FROM: ~EK~~R II
SUBJECT: MEETING OF MAY 25, 1993
APPROVAL ON FIRST READING OF A REZONING FROM POC
(PLANNED OFFICE CENTER) TO RM (MULTI-FAMILY MEDIUM
DENSITY)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a rezoning request from POC (Planned Office
Center) to RM (Multi-Family Medium Density).
The subject property is located just south of Lake Ida Road
on the west side of Congress Avenue, and is situated to the
west and south of the Lake Ida Plaza. The property contains
approximately 18 acres.
BACKGROUND:
In November of 1988, the subject property was annexed into the
City as part of Enclave 59, with a MF-M (Multi-Family - Moderate
Density) and C (Commercial) land use designation, and an initial
zoning of ART (Agricultural Residential Transitional) and ACT
(Agricultural Commercial Transitional).
At the owner's request, in December of 1988, the Planning and
Zoning Board held a public hearing to consider the rezoning of
the property. A number of different zoning categories were
considered. After careful evaluation, the Board recommended that
POC (Planned Office Center) be applied upon the entire parcel.
At its meeting of February 14, 1989, the City Commission approved
the rezoning to POC upon the second reading of Ordinance No.
2-89. For a more detailed discussion of the background of this
property, please refer to the attached Planning and Zoning staff
report.
City Commission Documentation
Rezoning from POC to RM for Club Delray
Page 2
The subject property is currently vacant, and the request now
before the City Commission is approval of a rezoning request from
POC to RM in order to construct 128 multi-family units.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at a
public hearing on May 17, 1993. Several members of the public,
including those who are involved in surrounding neighborhood
homeowners associations commented on the proposal. While none
were in opposition to the rezoning, there was a concern that once
the rezoning was approved, it would allow a maximum density of 12
units per acre, and that there are no guarantees that the
proposed 128 unit development (7.11 du/ac) would be built. There
was also a concern that the condominium project may have numerous
rentals. However, it was noted that this item may be controlled
through the condominium homeowner documents. The Planning and
Zoning Board recommended approval of the rezoning request on a
7-0 vote.
RECOMMENDED ACTION:
By motion, approve on first reading of the rezoning request from
POC (Planned Office Center) to RM (Multi-Family Medium Density)
for the Club Delray.
Attachment:
* P&Z Staff Report
jcm/t:ccclub
5, bUAI"t,d
'CITY OF DELRAY BEACH STAFF REPORT---
MEETING DATE: MAY 17, 1993
AGENDA ITEM: III.A.
IYEM: Rezoning of Property Located Generally to the West and South of the Lake ida Plaza
(SW Corner of Lake Ida Road and Congress Avenue), from POC (Planned Office Center)
to RM (bledium Density Residential).
GENERAL DATA:
Owners ................... Sheldon Rand, Representative for:
Ma~ Dorson, the estate of Gertrude
Dorson, Melen Greenspan, Samuel Miller,
Irene Miller, and Eileen S. Weiss.
Contract Purchaser ....... Claude Brochu
c/o Claude'Lemire
Agent .................... Lawrence Sehres
Location. ' ' .Wes~ side of'~dngrees Avenue, "'
south of Lake Ida Road.
Property Size ............ 18.0 acres.
City Land Use Plan ....... Transitional
City Zoning .............. POC (Planned Office Center)
Proposed Zoning .......... RM (Multiple Family Residential -
Medium Density) ·
Adjacent Zoning...North= PRO (Planned Residential Development),
POC, RM, and PC (Planned Commercial)
East: PC and PCC {Planned Commerce Center)
South= MIC (Mixed Industrial and Commercial)
West~ SAD (Special Activities District), POC
and R-IA-B (Single Family Residential)
Existing Land Use ........ Vacant. A lift station is located at the
southwest corner of the site.
Proposed Land Use ........ 128 multiple family (condominium}
dwelling units.
Water Service ............ Existing B" water main located aiong
the north property line.
Sewer Service ............ Existing 8" sewer main located along the
north property line. III.A,
I T E M B E F 0 R E T H E B 0 A R D:
The action before the Board is that of making a recommendation
on a rezoning request from POC (Planned Office Center) to RM
(Multiple Family Residential - Medium Density), pursuant to
Section 2.4.5(D) of the Land Development Regulations.
The subject property is located just south of Lake Ida Road on
the west side of Congress Avenue, and is situated to the west
and south of Lake Ida Plaza. The property contains
approximately 18 acres.
BACKGROUND:
The subject property is the remaining parcel of the Dorson
property which once consisted of 325 acres. In 1974, the City
received a request for a voluntary annexation of the subject
property with an initial zoning of RM-6. That request was denied
as the City Commission at that time wanted to retain a single
family character in this area, given adjacent low density zoning
districts.
In 1986, the City conducted a County Pocket Study of
unincorporated parcels, and sUbsequently amended its Land Use
Plan to minimize conflicts between the County Land Use Plan,
County zoning, the City's Land Use Plan, and existing uses. The
impetus for this action was the pending adoption of an Enclave
Act, and a desire to provide a compatibility of land uses and
development patterns upon annexation of unincorporated areas.
The Dorson property was part of Enclave 59. Under the County's
jurisdiction the property had a land use designation of
Low/Moderate Density Residential (3-8 du/ac).
The Enclave Report recommended that the property be given a MFM
(Multi-Family Medium Density) land use on the north and
commercial land use on the south, with an initial zoning of ART
(Agricultural Residential Transitional) for the north portion
and ACT (Agricultural Commercial Transitional) for the south
portion. The owner appeared at a Planning and Zoning meeting at
which this item was being discussed, and objected to the
transitional nature of the proposed zonings of ACT and ART. The
owner requested that the entire property be zoned GC (General
Commercial). To avoid postponing action on all of Enclave 59,
the owner and the City agreed to proceed with the transition~l
zonings, with the understanding that the City would consider
alternate zoning classifications for the parcel after its
annexation. In November of 1988, the subject property was
annexed into the City with a MF-M (Multi-Family - Moderate) and
C (Commercial) land use, and ART (Agricultural Residential
Transitional) and ACT (Agricultural Commercial Transitional)
zoning.
P&Z Staff Report
Rezoning from POC to RM for the Dorson Property
Page 2
Prior to the Planning and Zoning meeting for the rezoning, the
item was advertised in such a manner that a range of
classifications could be applied, from RM to GC or combinations
thereof. The property owner sought GC (General Commercial)
zoning on the southern portion of the property and LC (Limited
Commercial) zoning on the northern portion.
At its meeting of December 19, 1988, the Planning and Zoning
Board held a public hearing which was attended by approximately
150 interested individuals. The overall sentiment of those
individuals was that residential development (zoning) should not
be affixed to the property. While there was support from the
public for general commercial zoning on the entire parcel, the
Planning and Zoning Board after careful evaluation recommended
that POC (Planned Office Center) be applied upon the entire
parcel. The reasons for this recommendation included:
* that the property should be developed in a unified
manner;
* that residential development was not appropriate based
upon the testimony which was received and the lack of
buffering between the existing shopping center and
the developable area;
* that unrestricted commercial use would be inconsistent
with adopted policy which calls for prevention of
"commercialization" of intersections, and would
otherwise provide an adverse traffic impact;
* that POC zoning and development exists along Lake Ida
Road and such a planned office center presents the
most appropriate use of the land from a community
development perspective.
At its meeting of February' 14, 1989, the City Commission
approved the rezoning to POC upon the second reading of
Ordinance No. 2-89. The subject property is currently vacant,
and the request now before the Board is to rezone the property
from POC to RM in order to construct 128 multi-family units.
PROJECT DESCRIPTION:
The proposed rezoning involves approximately 18 acres.The sketch
plan which accompanied the rezoning request indicates that the
planned use of the property is as a condominium development.
The proposal includes 8 - two story buildings having 16 units
per building, for a total of 128 units. This number of units
represents 7.11 dwelling units per acre. However, the RM
designation would allow up to 12 units per acre.
P&Z Staff Report
Rezoning from POC to RM for the Dorson Property
Page 3
ZONING ANALYSIS:
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 following four areas.
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The requested zoning change is from POC (Planned Office
Center) to RM (Residential - Medium Density). The property
has a Transitional Land Use Plan designation. The allowable
zoning designations which are deemed consistent with the
Transitional Land Use designation are:
-RM Medium Density Residential (proposed zoning)
-POC Planned Office Center (current zoning)
-CF Community Facility
-R-1 Single Family Residential
-RL Residential Low Density
-PRD Planned Residential Development
-NC Neighborhood Commercial
-POD Professional Office District
-RO Residential Office
The Transitional land use designation is applied to land
which fs to be developed for either residential or
non-residential uses. In' some instances this designation
provides for a transition between less intensive
residential use and commercial uses. Residential
development at a density between 5-12 units per acre,
mobile home parks, apartment development, and condominiums,
are appropriate under this designation.
RM zoning is consistent with the land use designation of
Transitional, and multi-family structures (condominiums)
are allowed under the proposed RM zoning.
Concurrenc. y~ 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
Rezoning from POC to RM for the Dorson Property
Page 4
Streets and Traffic:
Pursuant to Section 2.4.5(D), with all rezoning requests,
traffic information is required which addresses the development
of the property under reasonable intensity pursuant to the
existing and proposed zoning. As the traffic volumes being
proposed for the site are less than 1,000 trips per day, primary
review of the study rests with the City's Traffic Engineer. The
City's Traffic Engineer has reviewed the traffic study, and
found it acceptable as it relates to the sketch plan. The study
has been forwarded to Palm Beach County for final review.
The applicant has submitted a traffic study which indicates that
the change in zoning with the proposed site plan will
significantly decrease the potential impact of traffic on the
surrounding road systems. Under the current zoning of POC, an
office development could generate 2,732 ADT (based on a 0.30
floor area ratio yielding approximately 241,000 sq.ft, of office
development). Under the proposed zoning of RM, a residential
development built to maximum density (221 units) would generate
1,547 ADT. This represents a 44% reduction in daily trips from
the POC zoning, and if the project is developed in accordance
with the attendant sketch plan (128 units), the traffic
generation would be 896 ADT. This figure equates to about a 67%
reduction in daily vehicular trips from a development built
under the POC zoning.
The above traffic discussion is based on maximum build-out under
multi-family or office zoning, and assumes that traffic
concurrency is not a factor to development. However,
concurrency is a concern, as the link of Lake Ida Road adjacent
to the site from Congress Avenue to Barwick Road is currently
over capacity. This condition would allow a development to add
traffic at or below 1% of capacity to the road, which equates to
137 daily'trip~.'The sketch plan as proposed, does 'notprovide an
access onto Lake Ida Road (except for emergency purposes). The
number of trips being placed on Lake Ida Road from the proposed
development would not exceed the 1% allowed. An office
development, or a larger residential development, would have a
different distribution pattern, and may not be able to meet
concurrency standards on this section of Lake Ida Road.
There was some discussion at the time of the rezoning to POC, to
provide a street connection between Davis Road and Congress
Avenue. This connection was contemplated to eliminate some of
the traffic impact on Lake Ida Road, and to provide access from
the subdivisions to the west to this potential employment base.
With the rezoning to RM, the rationale behind such a connection
is diminished. However, there still may exist a need for this
connection to provide an alternative entry and exit to the
Delray Shores neighborhood, given the impact of traffic at the
intersection of Lake Ida Road and Davis Road. This issue will
be further addressed at the time of site plan approval.
P&Z staff Report
Rezoning from POC to RM for the Dorson Property
Page 5
Water:
With the change in zoning, water and sewer demands for a
residential use are greatly increased over the demands for an
office use. For instance, a 216 multi-family development would
use approximately 100,000 gpd of potable water, whereas an
office park with 241,000 sq.ft, of floor area would use
approximately 24,000 gpd of potable water. The proposed
residential zoning creates a significant increase in water
demand. However, there should not be a problem in accommodating
the additional demand at the water treatment plant, as there
will be sufficient capacity to handle the increase. Thus, a
.finding of concurrency can be made as it relates to potable
water.
Pursuant to the Land Use Element Policy A-4.4 New
development shall be requ£red to extend public utilities
for water, sewer and drainage to the furthest portions of
the property which is being developed. This policy shall
apply in all cases unless it is determined by the City
Engineer that no good purpose Is served by such extension
and no other development will occur at the' end of the
extension.
A 12" water main exists along the south side of Lake Ida Road,
and will most likely be the main which will service development
on this property. An 8" main has been extended from this 12"
main to ser~e the Lake Ida Plaza, and dead-ends at Congress
Avenue. Approximately 250' south of the property, an 8" main
services the businesses along Congress Avenue. It may be
necessary with this project to provide a connection with these
existing mains, or extend a main to the furthest point of the
property. The City Engineer will make that determination at
site plan review.
Sewer:
Sewer demands are based on potable water consumption. Given the
water demand analysis, an increase in sewer generation rates can
be anticipated. Even though there will be additional demands on
the wastewater treatment plant, capacity exists to handle the
increase. Thus, a finding of concurrency can be made as it
relates to sewer. A City lift station is located on the subject'
property, any need to upgrade this facility will be determined
at site plan review.
Parks and Open Space:
With the change in zoning, there will be a greater demand on
the park and recreation facilities within the City. Per the Open
Space and Recreation Element of the Comprehensive plan, there is
a current deficiency of neighborhood parks in the southwest
portion of the City. A deficiency is not noted in the northwest
portion of the City, where this development will be located.
Barwick Park is the closest neighborhood park which will service
this residential neighborhood.
P&Z Staff Report
Rezoning from POC to RM for the Dorson Property
Page 6
Pursuant to Section 5.3.2 of the Land Development Regulations,
whenever a development is proposed upon land which is not
designated for park purposes in the Comprehensive Plan, an
in-lieu fee of $500.00 per dwelling unit will be collected prior
to the issuance of building permits for each structure.
Solid Waste:
The zoning change will most likely create a lesser demand on
solid waste removal. A multi-family unit would generate
approximately .96 pounds per day per .unit of solid waste,
whereas an office use would generate 5.4 pounds per day per
1,000 sq.ft, of floor area of solid waste. Thus, there is a
potential the solid waste demand will be less with the proposed
development.
Drainage:
There should be little or no impact on drainage as it relates to
concurrency as a result of the rezoning. Development of this
site under the RM zoning would most likely provide more pervious
area than a development built under POC. From the sketch plan,
it appears that drainage can be accommodated though the use of
dry retention areas and the two proposed ponds.
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 Finding)
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:
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
objectives are noted.
Conservation Policy B:2.5: Whenever new development or
redevelopment is proposed along a waterway, a canal, or an
environmentally sensitive area identified via policy B-2.1,
an area equivalent to at least 10%'of the total area of the
development shall be set aside in an undisturbed state or
25% of native communities shall be retained pursuant to
TCRPC Policy 10.2.2.2.
As this property abuts the LWDD canal the above policy
applies. The entire site is however, in a disturbed state.
Given the size of the parcel and its irregular shape, it
may not be appropriate to provide the entire 10% of open
space adjacent to the canal. This item can be addressed at
site plan review (see discussion under the attached memo
named Sketch Plan Analysis).
P&~ Staff Report
Rezoning from POC to RM for the Dorson Property
Page 7
Land Use Objective A-l: States that vacant property shall
be developed in a manner so that future use and intensity
is appropriate in terms of soil, topographic, and other
applicable physical considerations, is complementary to
adjacent land uses, and fulfills remaining land use needs.
As previously noted, this site is in a disturbed state, and
there are no unusual physical considerations (such as the
preservation of trees) to be maintained when the site is
developed. However, it does appear that the topography in
the southern por.tion of the site is low, and will need
additional fill (soil) to meet existing grades at the
perimeter of the site at the time of development.
The proposed zoning change to RM would allow a medium
density residential development. This type of development
would provide a transitional buffer between the existing
residential uses, and the commercial and industrial uses to
the east and south. A medium density development would be
more compatible than an office use, given the residential
character of adjacent land uses to the north and south.
A residential use on this site will help to fulfill
remaining land use needs by providing a specific type of
housing (condominiums) development which is owner occupied.
Land Use Element .Policy A-1.5: In order to provide for a
more balanced demographic mix, the development of "large
scale adult orientated communities" on the remaining vacant
land is discouraged.
The proposed condominium development is not proposed to be
legally limited to adults only. However, given the size of
the units, number of bedrooms, and the proposed marketing
to a second home buyer, this development will most likely
not attract a family market. While this policy does not
define "large scale", it is generally interpreted to mean
communities like Abbey Delray, or communities which are
similar in size to High Point or Pines of Delray, both of
which have more than 650 units. A development of 128 units
as proposed would not be considered "large scale".
Open Space and Recreation Element policy A-3.3: Tot lots
and recreational areas shall be a feature of all new
housing developments which utilize any of the City's PRD
zone districts or which have homeowner associations which
must must care for retention areas, private streets, or
common areas.
Since the proposed development would most likely have a
homeowner's association which will care for the common
areas, a tot lot will need to be provided pursuant to this
policy. This item can be addressed with the approval of
the site plan.
P&Z Staff Report
Rezoning from POC to RM for the Dorson Property
Page 8
Section 3.3.2 (Standards for Rezoning Actions): The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
A) That rezontng to other than CF within stable residential
areas shall be denied. (Housing Element A-2.4)
The subject property is not located within a stable
residential area, and is currently zoned for office use.
It is, however, located in the same vicinity as
neighborhoods that have been designated as stable. While
this policy does not strictly apply, the compatibility of
the proposed zoning with those neighborhoods, as opposed to
the present POC zoning, is a consideration that is
discussed under the standard below.
D) That the rezoning shall result in allowing land uses which
are deemed compatible with adjacent and nearby ~land uses
both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The subject property is currently zoned POC. To the north
is property zoned RM and POC (office uses); to the west is
zoned SAD (a commercial development containing a convince
store and day care center) and a single family subdivision
(Delray Shores); to the east is zoned PC and PCC (Lake Ida
Plaza and a vacant parcel which could accommodate a planned
commerce center); and to the south is zoned MIC
(manufacturing of electrical components). Given the
surrounding land uses, the proposed zoning would provide
fOr a transitional buffer between the less intensive
residential uses to the west, and the commercial uses to
the east.
There will most likely be little or no impact from an RM
development on the uses to the north, south, or east given
that they are industrial, commercial and office uses. To
the south, the site is buffered by an existing LWDD canal,
and a substantial amount of open space. To the east is
Congress Avenue and the shopping center. To the north, the
.site backs-up to an office use.
The potential does exist for a negative impact on the
adjacent single family homes to the west. This impact
could be lessened through the application of a lower
density zoning such as RL, however, it is also possible to
mitigate the impacts through site design and buffering.
The sketch plan indicates that a 6' high CBS wall will be
provided around the perimeter of the site. A wall will
buffer noise from this development, and the impact of glare
from headlights on the adjacent properties. Perimeter
landscaping will also be required with the development of
this site. At time of site plan approval, additional
landscaping requirements can be imposed to create an even
more desirable buffer, this may include an additional tree
line.
P&Z Staff Report
Rezoning from POC to RM for the Dorson Property
Page 9
It is also possible that a multi-family development would
have a positive impact on the single family neighborhood,
as it maybe considered by some to be more desirable than
being adjacent to an office development.
LDR COMPLIANCE:
Section 2.4.5(D)(5). (Rezoning Findings):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make a
finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the
following:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which
make the current zoning inappropriate;
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
The applicant has indicated the reason for the zoning change
request is the following:
"The request for rezoning is based on certain circumstances
particular to this site, and the environs which makes the
RM district more appropriate than the currently POC zoning.
These circumstances relate to office building demand,
vacancy rates, traffic conditions, and residential use.
This site has been vacant for some time due to lack of
demand for office space. There is an over abundance of
existing office space in the market. Overall vacancy rate
is approximately 27-30% which equates to approximately
500,000 sq.ft. There has not been any noticeable decline
in the vacancy rate for several years.
In the past, the Congress Avenue corridor north and south
of Lake Ida Road had some viability for office building
development. There has been some minor building
construction but vacancies exist. Companies looking to
locate in Palm Beach County are opting for commercially
viable locations in west Palm Beach area to the north, or
Boca Raton to the south. In addition it is generally not
possible to obtain construction or permanent financing for
new a office development, even with a substantial amount
pre-leased.
P&Z Staff Report
Rezoning from POC to RM for the Dorson Property
Page 10
To all the above, it has to be added that Lake Ida Road
west of Congress Road to Military Trail is definitely near
its capacity. It wouldn't be feasible to development the
site to its permitted .3 floor area ratio without
increasing the capacity of Lake Ida Road - a major expense
and not necessarily desirable. Residential is more
appropriate. This project .reduces the density from Floor
Area Ratio of .3 to a Floor Area Ratio of .17 for the
proposed 128 units.
The circumstances specific to this site which include the
lack of demand for office space as well as the limited
suitability, limited access and limited traffic capability,
justifies the change to a less intense residential use all
of which would create a desirable occupancy and benefit the
local area as well as Delray beach as a whole."
Thus, the applicant is requesting a zoning change based upon
circumstance C above, and that the proposed zoning is of similar
intensity as allowed under the Transitional land use
designation.
OTHER ISSUES :
Median Opening Along ~ongress Avenue: The proposed development
will require a northbound left turn lane through the Congress
Avenue median. As this median was recently landscaped by the
City, any changes that impact the landscaping must be reviewed
by the City. It will be the developer's responsibility to bear
all costs associated with the removal or relocation of the
irrigation systems, wells, or plant materials as necessary.
Water/Sewer Easement: The City's utility, maps indicate that a
'water 'and'sewer main'ar~' located' on the ~sdbjed~ '~roperty,' just
south of Lake Ida Plaza. The survey which accompanied the
petition does not indicate an easement for this main. A 12'
utility easement will need to be provided.
Lift Station: A City lift station is located at the southwest
corner' of the site. There is an existing ingress/egress
easement to the station. This. easement also covers the lift
station itself to its outer walls. However, the Engineering
Department is requesting that additional property around the
lift station be deeded to the City for maintenance purposes.
Existing Manhole: An existing manhole is situated in the
southern portion of the site. It currently services the
subdivision to the west, and ties into the lift station. This
manhole will most likely need to be relocated as it is situated
under one of the proposed buildings.
P&Z Staff Report
Rezoning from POC to RM for the Dorson Property
Page 11
LWDD Easement: A copy of the sketch plan was provided to Lake
Worth Drainage District for review. They have indicated that an
additional 30' easement will be required along the southern
boundary of the subject property adjacent to the E-4 Canal.
Plattinq: The subject property will need to be platted given
its metes and bounds legal description, the need to deed
property to the City for the lift station, as well as the
necessary dedication of utility easements.
POC Zoning: The change in zoning will create non-conforming
situation with respect to the size of the remaining POC
development to the north. Pursuant to Section 4.3.4(K), the
minimum size of a POC development is 3 acres. This remaining
POC parcel is approximately 1 acre. A corrective zoning of this
parcel to POD can be accommodated at a latter date.
Sketch Plan Analysis: The sketch plan is not part of this
rezoning action, however some site deficiencies have been
identified as they relate to LDR requirements. It is
appropriate at this time to inform the applicant of applicable
site deficiencies based on a zoning of RM. These items are
discussed in the attached Memorandum under Sketch Plan Analysis.
REVIEW BY OTHERS:
The rezoning is not in a geographic area requiring review by
either the HPB (Historic Preservation Board), DDA (Downtown
Development Authority) or the CRA (Community Redevelopment
Agency).
Neighborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. Special Courtesy Notices
have also been sent to the following Homeowners Associations
and/or persons within those associations:
* Delray Shores Assoc. * Chatelaine Homeowners Assoc.
* Lake Ida Association * Pines of Delray North
* Rainberry Woods * Country Manor
* P.R.O.D. * Unity Property Owners
* Rainberry Lakes Homeowners Association
* Delray Bch. Council of Communities
If the rezoning request is approved a site plan must be
submitted for review by the Site Plan Review and Appearance
Board.
P&Z Staff Report
Rezoning from POC to RM for the Dorson Property
Page 12
ASSESSMENT AND CONCLUSION:
From a historical perspective, the RM zoning seems to be at
least as appropriate as that of POC. Under the County's
jurisdiction, the property had the potential for development of
up to 8 units per acre. The Enclave Report recommended a medium
density multi-family zoning (up to 15 units per acre).
However, in 1988 the subject property was rezoned to
non-residential. In terms of current conditions, the requested
change in zoning from POC to RM is consistent with the Future
Land Use designation of Transitional, and meets the Policies and
Objectives as outlined in the Comprehensive Plan. It is also
consistent with the City's goal of locating additional
residential units in proximity to the downtown area.
The change in zoning represents a reduction in traffic demands
on the surrounding road links. The rezoning will create a
greater demand on water, sewer, and parks however, concurrency
can be met. The City's water and sewer plants have the
capacity to meet the additional demands. The impact on parks is
mitigated by the provision of the in-lieu fee. It is most likely
that the change in zoning will create a lesser demand on solid
waste removal, and any impacts can be offset with the use of a
trash compactor and recycling bins. There will most likely be a
lesser demand on drainage given the large amount of proposed
pervious area.
In conclusion, the change in zoning to RM will not hinder the
ability to provide services which meet the established Level of
Service standards as it relates to concurrency. The use will
create a transitional buffer between the residential uses (lower
intensity) to the west, and the commercial uses (higher
intensity) to the north, south and east. With proper buffering,
impacts on the single family neighborhood to the west can be
minimized~' '
ALTERNATIVE ACTIONS:
A. Continue with direction.
B. Recommend denial of the rezoning request based upon a
failure to make a positive finding with respect to Chapter
3.3.2 (Compatibility), and that pursuant to Section
2.4.5(D)(5) the rezoning fails to fulfill at least one of
the reasons listed.
C. Recommend approval of the rezoning request based upon
positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of
the Comprehensive Plan, and Section 2.4.5(D)(5).
P&Z Staff Report
Rezoning from POC to RM for the Dorson Property
Page 13
STAFF RECOMMENDATION:
Recommend approval of the rezoning request based upon positive
findings with respect to Chapter 3 (Performance Standards) of
the Land Development Regulations, policies of the Comprehensive
plan, and Section 2.4.5(D)(5).
Attachments:
* Zoning Map
* Sketch Plan
JCM/T=CLUB2
MEMORANDUM
SITE PLAN ANALYSIS
In reviewing the sketch plan against LDR requirements, the
following items are noted and will need to be addressed with the
site plan submission:
* To comply with the Open Space and Recreation Element Policy
A-3.3, the following adjustments could be made to the site
plan. The proposed wall and road along this property line
should be relocated further into the site, thus providing
as much open space as feasibly possible adjacent to the
canal. Also, the sketch plan indicates that 38% of the
site will be in open space, and only 25% is required by
code. This additional 13% of open space could be designed
in such a manner as to create pockets of native plant
communities. These natural areas could be utilized as
passive park areas and/or focal points of the development.
* Pursuant to Section 4.6.9(D)(4)(c), Dead-end bays are
discouraged. Every parking pod in the proposed development
consists of dead-end bays. It would be appropriate to
redesign the parking lot areas to accommodate through
traffic.
* If the rezoning is approved, solid waste demands increase
with the residential use. No means of solid waste removal
is shown on the sketch plan. A trash compactor would be
appropriate to mitigate this impact, or the use of
recycling bins is encourage and should be shown on the site
plan with the appropriate screening.
* The survey which was provided with the application does not
show the location of the lift station. It appears that the
internal road may need to be shifted in order to
accommodate the lift station.
* A gate with a lock box should be provided at the emergency
entrance along Lake Ida Road to insure no ingress/egress
occurs at this location.
* There are no fire hydrants which currently serve the site.
Fire hydrant spacing shall not exceed 400' road travel
between fire hydrants.
* The pedestrian system should provide a connection to the
existing sidewalks along Congress Avenue, and Lake Ida
Road.