50-93 ORDINANCES
FIRST READING:
COMMISSION ACTION
SECOND READING:
COMMISSION ACTION:
NOTES:
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ORDINANCE NO. 50-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT IN THE PRD (PLANNED RESIDENTIAL DEVELOPMENT)
DISTRICT; SAID LAND BEING A PORTION OF TRACTS A AND B,
LAGO DEL REY, AND A PORTION OF THE PLAT OF LAGO DEL
REY, PLAT II A, AS 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 following described property in the
City of Delray Beach, Florida, is hereby rezoned and placed in the PRD
(Planned Residential Development) District, as defined in Chapter Four
at Section 4.4.7 of the Land Development Regulations of the City of
Delray Beach, Florida, to-wit:
Parcel 1: A portion of the plat of LAGO DEL REY, PLAT
II A, recorded in Plat Book 39, Page 170, of the Public
Records of Palm Beach County, Florida, lying in the
West 1/2 of the Northwest 1/4 of Section 19, Township
46 South, Range 43 East, Palm Beach County, Florida, as
more particularly described as follows:
Beginning at the Northwest corner of the plat of LAGO
DEL REY, PLAT II A, run South 00 degrees 06'54" East
along the West line of said plat a distance of 259.02
feet; thence, run East a distance of 271.99 feet;
thence run North 53 degrees 38'51" East a distance of
67.52 feet; thence run North 36 degrees 21'09" West a
distance of 31.00 feet; thence run North a distance of
194.03 feet to the North line of said plat; thence run
West along said North line a distance of 308.51 feet to
the Point of Beginning; AND
Parcel 2: A portion of Tracts A and B, LAGO DEL REY,
recorded in Plat Book 30, Page 69, and a portion of the
plat of LAGO DEL REY, PLAT II A, recorded in Plat Book
39, Page 170, both being recorded in the Public Records
of Palm Beach County, Florida, and being more
particularly described as follows:
Beginning at the Northwest corner of Tract B, LAGO DEL
REY, run on a bearing of South 00 degrees 06'54" East
along the West line of said Tract B a distance of
114.13~ feet; thence run East a distance of 182.51 feet;
thence run North a distance of 104.36 feet; thence run
North 22 degrees 09'19" East a distance of 235.56 feet;
thence run West a distance of 271.99 feet; thence run
South 00 degrees 06'54" East a distance Of 208.40 feet
to the Point of Beginning.
The subject property is located on the west end of Casa
Way, south of the Clearbrook Subdivision and west of
Lago Del Rey North and contains a 3.4 acre parcel of
land, more or less.
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 14th day of September , 1993.
ATTEST:
Acting City Clerk
First Reading August 24, 1993
~ 'ond Reading September 14, 1993
- 2 - Ord. No. 50-93
BOULEVARD LOWSON BOULEVARD
RM
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ i0~ - MEETING OF SEPTEMBER 14. 1993
ORDINANCE NO. 50-93
DATE: September 10, 1993
This is the second reading of an ordinance rezoning land presently
zoned RM (Medium Density Residential) to PRD (Planned Residential
Development); said land being a portion of Tracts A and B, Lago Del
Rey and a portion of the Plat of Lago Del Rey, Plat II A.
The subject property is located on the west end of Casa Way, south of
the Clearbrook Subdivision and west of Lago Del Rey North and contains
a 3.4 acre vacant parcel of land. The property is a residual parcel
of an overall condominium development and has previously been approved
and vested for two 14-unit multiple family buildings. The development
proposal is to construct 14 zero lot line homes with a passive park on
this site. The new development will function as a part of the
Clearbrook Subdivision with respect to access, use and maintenance of
common areas, and will have similar model types.
The rezoning request from RM to PRD for this property is consistent
with the policies of the Comprehensive Plan and Chapter 3 of the Land
Development Regulations. It is anticipated that there will be no
negative impacts on the surrounding properties.
At their August 16th meeting the Planning and Zoning Board recommended
approval. A detailed staff report is attached as backup material for
this item.
At the August 24th regular meeting, Ordinance No. 50-93 passed on
first reading by a 5-0 vote.
Recommend approval of Ordinance No. 50-93 on second and final reading.
0
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~I
SUBJECT: AGENDA ITEM ~ /~ ~ - MEETING OF AUGUST 24. 1993
ORDINANCE NO. 50-93
DATE: August 20, 1993
This is the first reading of an ordinance rezoning land presently
zoned RM (Medium Density Residential) to PRD (Planned Residential
Development); said land being a portion of Tracts A and B, Lago Del
Rey and a portion of the Plat of Lago Del Rey, Plat II A.
The subject property is located on the west end of Casa Way, south of
the Clearbrook Subdivision and west of Lago Del Rey North and contains
a 3.4 acre vacant parcel of land. The property is a residual parcel
of an overall condominium development and has previously been approved
and vested for two 14-unit multiple family buildings. The development
proposal is to construct 14 zero lot line homes with a passive park on
this site. The new development will function as a part of the
Clearbrook Subdivision with respect to access, use and maintenance of
common areas, and will have similar model types.
The rezoning request from RM to PRD for this property is consistent
with the policies of the Comprehensive Plan and Chapter 3 of the Land
Development Regulations. It is anticipated that there will be no
negative impacts on the surrounding properties.
At their August 16th meeting the Planning and Zoning Board recommended
approval. A detailed staff report is attached as backup material for
this item.
Recommend approval of Ordinance No. 50-93 on first reading. If passed
public hearing September 14, 1993.
CITY COMMISSION DOCUMENTATION
· HARDEN, C~MANAGER
AND ZONING
FROM: ~E/~'~EY A. COSTELLO
/PL ER
SUBJECT: MEETING OF AUGUST 24, 1993
FIRST READING OF ORDINANCE NO. 50-93 - REZONING
PROPERTY ON THE WEST END OF LAGO DEL REY NORTH FROM RM
(MEDIUM DENSITY RESIDENTIAL) TO PRD (PLANNED
RESIDENTIAL DEVELOPMENT).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance rezoning a
residual portion of Lago Del Rey North from RM to PRD. The
purpose of this rezoning is to accommodate an extension of
the Clearbrook Subdivision into this area.
The subject property is located at the west end of Casa Way,
between Homewood Boulevard and the E-3 1/2 Canal. In a
separate action, a modification to the Clearbrook Master
Development Plan (MDP) has been acted on by the Planning and
Zoning Board.
BACKGROUND:
The subject property is the west 3.4 acres of the original Lago
Del Rey Phase II-A (Lago Del Rey North) and is currently vacant.
The property is a residual parcel of an overall condominium
development and had previously been approved and vested for two
14-unit multiple family buildings (28 units total).
The developers of Clearbrook wish to expand that PRD onto this
vacant area. Their development proposal involves the creation of
fourteen (14) zero lot line sites.
Please refer to the attached Planning and Zoning Board staff
report for the analysis of the request.
City Commission Documentation
Meeting of August 24, 1993
First Reading of Ordinance No. 50-92 - Rezoning Property From RM
to PC (West Portion of Lago Del Rey North)
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of August 16, 1993, the Planning and Zoning Board
held a public hearing in conjunction with review of the request.
There was no public testimony, other than general support,
regarding the proposed rezoning. The Board voted (5-0) to
recommend approval of the Rezoning request.
In a separate action, the Board acted on the Master Development
Plan modification. There was discussion and public comment
regarding that action.
RECOMMENDED ACTION:
By motion, approval of Ordinance No. 50-93 on First Reading
setting a public hearing date of September 14th.
Attachments:
* P & Z Board Staff Report & Documentation of August 16, 1993
* Copy of Ordinance No. 50-93
T~CCRELAGO.DOC
.PLANNiN ZOi' IN i ,UAt'(U
CITYOF DELRAY BEACH --- STAFF REPORT---
MEETING DATE: August 16, ]993
AGENDA ITEM: III.A.
ITEM: Rezoning from RM to PRD of a Portion of Ego Del. Rey
GENERAL DATA:
~ner .................... [lvln M. Kendls, Co-?rustee
c/o Grahams, Anton, Robbtns, et.
al.
Contract Purchaser ....... The Guardian Const~ction Company
Agent .................... Donaldson Hearing
Cotleur Hearing, Inc.
Location ................. On the west end of Casa Way, south
of the Clearbrook development and west
of Lago Del Rey North.
Property Size ............ 3.4 acres
City Land Use Plan ....... Medium Density (5-12 du/acre)
Existing Zoning .......... ~ (Medium Density Residential)
Proposed Zoning .......... P~ (Planned Residential Development)
Adjacent Zoning...North: P~
East: ~
South: ~
West: OS (Open Space)
Existing Land Use ........ Vacant land.
Proposed Land Use ........ Rezoning from ~ to P~ to acco~odate
an addition to the Clearbrook
Subdivision to acco~odate 14 zero lot
line homes.
Water & Sewer Service .... Existing water and sewer mains are
[ocated along the west side of the
subject property. The mains will be
relocated within the right-of-way of III.A.
the proposed street.
ITEM BEFORE THE BOARDs
The action before the Board is that of making a
recommendation on a rezoning request from RM (Medium
Density Residential) to PRD (Planned Residential
Development). This rezoning is being sought in order
to allow for the construction of 14 zero lot line,
single family dwellings, which will be integrated into
the Clearbrook Subdivision immediately to the north.
The subject property is located at the west end of
Casa Way, between Homewood Boulevard and the E-3 1/2
Canal. The property contains approximately 3.4 acres.
A modification of the Clearbrook Master Plan is being
processed concurrently with the Rezoning and is
discussed in a separate Staff Report.
BACKGROUNDs
The subject property is the west 3.4 acres of the original Lago
Del Rey Phase II-A (Lago Del Rey North) and is currently vacant.
The property is a residual parcel of an overall condominium
development and had previously been approved and vested for two
14-unit multiple family buildings (28 units total), along with
associated parking.
On July 2, 1993, a rezoning and master plan modification request
were submitted for this property to accommodate 14 zero lot line
homes to be incorporated into the Clearbrook development.
The Lago Del Rey development has an extensive land use history.
The following is a brief history as it relates to both Lago Del
Rey and the Clearbrook Subdivision (aka Hidden Lake).
Laqo Del Rey:
Originally, the Lago Del Rey development contained 108 acres and
was bounded by Atlantic Avenue on the north; Lowson Boulevard on
the south; Homewood Boulevard on the east; and Dover Road on the
west.
On October 24, 1972, the City Commission approved a site plan
for Lago Del Rey which included 1,200 apartment units. The
parcel was subsequently subdivided to accommodate development in
three (3) phases; Phase I, Phase II-A and Phase II-B. On July
23, 1973, the City Commission approved the final plat for Phase
I (Lago Del Rey).
In 1977, the north 36 acres (portion of Phase II-B) were sold
off and has since been developed as the Homewood Lakes
subdivision. In 1978, modifications were approved for Phase
II-A and Phase II-B, which reduced the number of proposed units
from 310 to 248 [122 units for Phase II-A (Lago Del Rey North)
and 126 units for Phase II-B].
P & Z Board Staff Report
Rezoning from RM to PRD for Clearbrook Subdivision Addition
Page 2
On January 14, 1980, the City Commission approved the final plat
for Phase II-A (Lago Del Rey North). In 1981, condominium
documents were recorded in the public records which created
individual parcels for each building and associations for each
parcel. Thus, individual ownerships were created without
processing a plat. Both Phase I (Lago Del Rey) and Phase II-A
(Lago Del Rey North) have been developed pursuant to the
approved site plan (less the west 3.4 acres).
Clearbrook (Hidden Lake):
On August 23, 1988, the City Commission granted approval of a
rezoning request from RM-10 to PRD-7 to accommodate a single
family, zero lot line development (73 homes) known as Hidden
Lake (formerly Lago Del Rey Phase II-B). Also, at that meeting
the City Commission approved the site plan for Hidden Lake. On
April 11, 1989, the City Commission approved the final plat for
Hidden Lake.
With the Citywide rezoning in 1990, the property was rezoned
from PRD-7 to PRD. The Hidden Lake project was taken over by
Guardian Construction Corporation in 1990. The development's
name was changed to Clearbrook. On February 25, 1991, the
Planning and Zoning Board approved a request for minor site plan
modification for Clearbrook. The modification allowed the side
building setbacks for individual homes to be reduced from 15' to
10'. Clearbrook is 60% built-out (43 of the 72 lots have
homes ).
PROJECT DESCRIPTION:
The development proposal involves the expansion of the
Clearbrook Subdivision by adding 3.4 acres. Within the expanded
area fourteen (14) zero lot line, single family units and a
passive park are proposed. Also, the west side of the existing
lake will be expanded by 10,160 sq.ft. The new development will
function as a part of the Clearbrook Subdivision with respect to
access, use and maintenance of common areas, and will have
similar model types.
As previously stated, per the approved Lago Del Rey site plan 28
multiple family units could be constructed on the property. The
following analysis compares the impacts of the 28 multiple
family units with the proposed 14 zero lot line homes.
ZONING ANALY8 I S :
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.
P & Z Board Staff Report
Rezoning from RM to PRD for Clearbrook Subdivision Addition
Page 3
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.
IFutureLand 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 subject property has a Medium Density Residential (5-12 u/a)
land use plan designation and is currently zoned RM (Medium
Density Residential). The proposed zoning of PRD (Planned
Residential Development) is consistent with the Medium Density
Residential Land Use Plan Designation.
The Medium Density Residential land use plan designation is
applied to land which is to be developed at a density between 5
and 12 units per acre. The proposed development density is 4
units per acre. A lower density than allowed is not considered
to be an inconsistency. Based upon the above, a positive
finding with respect to consistency with the land use plan
designation can be made.
IConcurrency:I Facilities which are provided by, or through,
the City shall be provided to new development
concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water and Sewer:
Existing 8" water and sewer mains are located along the north
and west sides of the subject property.
Preliminary engineering plans were submitted indicating that the
existing mains will be removed and relocated within the
right-of-way of the proposed street. The plans also show fire
hydrants every 500'.
The rezoning from multiple family units to single family
dwellings will not generate an increase in water demand. Also,
there will not be an increase in the volume of sewage generated
from the change to single family units. Further, there is
adequate capacity to handle the water demand and sewage
generated from this development.
P & Z Board Staff Report
Rezoning from RM to PRD for Clearbrook Subdivision Addition
Page 4
Drainage:
The preliminary engineering plans indicate that drainage from
the new area will flow easterly to the lake via storm drains
within the road right-of-way. Lake Worth Drainage District
permits will need to be modified accordingly to reflect the
proposed development. The rezoning will have no impacts on
drainage as it relates to concurrency.
Streets and Traffic:
A traffic impact study was submitted with the rezoning request.
The study indicated that the previously vested multiple family
(condominium) units would have generated 196 average daily trips
and the proposed 14 single family units will generate 140
average daily trips, for a net reduction of 56 trips. The
traffic generated by this development will not have an adverse
impact on the level of service standards along Homewood
Boulevard or the surrounding roadway network.
Parks and Open Space:
The rezoning from RM to PRD will not create additional demand on
the park and recreation facilities within the City. Pursuant to
the Open Space and Recreation Element of the Comprehensive Plan,
there is currently a deficiency of neighborhood parks within the
southwest portion of the City. However, this deficiency will be
corrected with the proposed park in the area of Blood's Grove.
Pursuant to LDR Section 5.3.2(C)(1), whenever a development is
proposed upon land which is not designated for park purposes in
the Comprehensive Plan, an in-lieu fee of $500 per dwelling unit
will be collected prior to issuance of building permits for each
unit. Thus, an in-lieu fee will be collected and used to
provide public park facilities.
Solid Waste:
The zoning change from RM to PRD does not significantly affect
the demand on existing solid waste facilities. The trash
generated by the proposed 14 zero lot line units will generate a
total of 19.04 pounds per day (1.36 lbs./day X 14). The
previously approved multiple family units would generate 26.88
pounds per day (.96 lbs./day X 28 units). Overall, there is a
net reduction of 7.84 pounds per day. The trash generated can
be accommodated by the existing facilities.
IConsistency~I Compliance performance set
with
the
standards
forth in Section 3.3.2 (Standards for Rezoning
Actions) along with required findings in Section 2.4.5(D)(5)
(Rezoning Findings) shall be the basis upon which a finding of
overall consistency is to be made. Other objectives and
policies found An the adopted Comprehensive Plan may be used in
the making of a finding of overall consistency.
P & Z Board Staff Report
Rezoning from RM to PRD for Clearbrook Subdivision Addition
Page 5
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 a rezoning to other than CF within a stable
residential area be denied. (Housing Element A-2.4)
The subject property is located within a stable residential
area, and is zoned residential with site plan approval to
construct two (2) 14 unit condominium structures. Pursuant
to Policy A-2.4, properties indicated as stable residential
areas on the Housing Map, should have the most restrictive
residential zoning district applicable affixed to the
property. The PRD zone district is more restrictive than
the RM, and ts more appropriate with respect to the
proposed development. The proposed use should not have a
detrimental effect on the stability of the neighborhood.
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 property
mitigate adverse impacts from the new use.
North of the property is zoned PRD (Clearbrook
Subdivision); south and east are zoned RM (Lago Del Rey and
Lago Del Rey North condominiums respectively); and west is
zoned OS (Open Space) (Hamlet golf course). The proposed
development is consistent and compatible with the
surrounding land uses and should not create any adverse
impacts.
Section 2.4.5(D)(5)(Rezonlng 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
followings
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.
P & Z Board Staff Report
Rezoning from RM to PRD for Clearbrook Subdivision Addition
Page 6
The applicant has submitted a Justification statement which
states the following:
"The petition is a request to amend the existing RM zoning
designation on the subject property to PRD and is
consistent with Item C above. The subject property is
currently approved for 28 multi-family condominium dwelling
units which equates to a density of 8.2 d.u. per acre. The
subject property is contiguous to the Clearbrook at Delray
PUD to the north. The Clearbrook property maintains a PRD
zoning with a density suffix of 7; the actual density is
just above 5 d.u. per acre. This request is of similar
intensity as allowed under the Future Land Use Map.
· It is intended that the subject parcel be added to the plat
of Clearbrook at Delray, aka Hidden Lake. The addition of
this property is a logical extension of the Clearbrook
development and is a good alternative development scheme to
the previously proposed condominium. It is highly unlikely
that this property would be developed as a multi-family
development scheme, thus the re-zoning to PRD will allow
for the lnfill and completion of the development for this
property."
Comment: The Justification statement addresses Item C as the
basis for which the rezoning should be granted. The single
family homes are of similar intensity, if not less intense, as
allowed under the Medium Density Residential land use plan
designation, and is more appropriate for the property based upon
circumstances and the character of the surrounding
neighborhood.
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
objectives are noted.
Land Use Element Ob~ective A-1 - Vacant property shall be
developed in a manner so that the future use and intensity is
appropriate and complies in terms of soil, topographic, and
other applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
A. Physical Considerations - The property has previously
been disturbed for the purposes of future development.
There are no special physical or environmental
characteristics of the land that would be negatively
impacted by the proposed residences.
B. Complimentary with Adjacent Land Uses - The proposal
will be complimentary with the adjacent residential
uses to the north, south and west.
P & Z Board Staff Report
Rezoning from RM to PRD for Clearbrook Subdivision Addition
Page 7
C. Fulfills Remaining Land Use Needs - The proposed
development will help fulfill remaining land use needs
by providing a variety of housing types which are to
be owner occupied and which can accommodate families.
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 care for
retention areas, private streets, or common areas.
The Clearbrook master plan provides for two (2) tot lots.
However, the equipment for these tot lots has not yet been
installed. Additionally, the developers have indicated
that the existing residents are not in favor of installing
the tot lots. Installation of these lots will be addressed
with the master plan modification.
Land Use Element Policy A-I.§~ 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.
This development is not a "large scale adult oriented
community", thus this Policy is not applicable.
Land Use Element Policy A-3.1 - Prior to recommending approval
of any land use application which comes before it, the Local
Planning Agency must make a finding that the requested land use
action is consistent with Objective A-3 which states that the
development of remaining land shall provide for the retention of
open space and natural resources.
Pursuant to Policies A-3.2 and A-3.3, these policies do not
apply in this instance.
Conservation Policy B-2.$ - Whenever new development or
redevelopment is proposed along a waterway, a canal, an
environmentally sensitive area, or an 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 Treasure
Coast Regional Planning Comm~ssion Policy 10.2.2.2.
This policy is applicable as the property abuts a LWDD
canal. However, the entire site is in a disturbed state
and there are no native communities that abut the canal.
The development proposal is consistent with the Clearbrook
Subdivision plan that was approved to the north. Further,
the PRD regulations require this development to provide a
minimum 15% open space. The overall development will
provide 16.33% of common open space.
P & Z Board Staff Report
Rezoning from RM to PRD for Clearbrook Subdivision Addition
Page 8
R E V I E W BY O T H E R.S ~
The rezoning is not in a geographic area requiring review by the
CRA (Community Redevelopment Agency) or the DDA (Downtown
Development Authority).
Special Courtesy Notice:
Special notices were provided to the following homeowner's
associations and citizen's groups:
Clearbrook Homeowner's Association
Hamlet Homeowner's Association
Lago Del Rey North Condominium Association
Lago Del Rey Condominium Association
Progressive Residents Of Delray (PROD)
United Property Owners
Public Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. Letters of objection, if
any, will be presented at the Planning and Zoning Board meeting.
ASSESSMENT AND CONCLUSION:
The Rezoning request from RM to PRD for this property is
consistent with the policies of the Comprehensive Plan and
Chapter 3 of the Land Development Regulations. It is
anticipated that there will be no negative impacts on the
surrounding properties. The property is currently vacant and
has been for some time. The rezoning will allow the
construction of 14 zero lot line homes which will be an
extension of the Clearbrook development to the north.
ALTERNATIVE ACTIONS ~
A. Continue with direction.
B. 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(E)(5).
C. 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.
P & Z Board Staff Report
Rezoning from RM to PRD for Clearbrook Subdivision Addition
Page 9
STAFF RECOMMENDATION
Recommend approval of the rezoning request from RM to PRD for
Clearbrook Addition 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(E)(5).
Staff Report prepared by: Jeff Costello~ Planner
Report reviewed by David J. Kovacs on: Auqust 11t 1993
Attachments:
* Location Map
* Master Site Plan
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.............. ' ~ .............. ..... I NOTICE O~ PUBLIC HEAR;NG
Illl 7:~ PM, (or at any continuation of
such mee*~ng which is set dy the Com-
mission), on TuesOay, September 14,
J1993, in the City Commission ChaT,
Beach, at which time t~e City Commis-
sion well consiner their adoption The
at the Office of the City Clerk at the
BOCA RATON~DELRAY BOYNTON BEACH~DEERFIELD BEACH Beach, Florida, from 8:~ AM. to 5:~
holidays ~H in~erested parties are in-
PubliGhed Daily ~p~=, to th~ ,~edo~d O~,i .......
Monday through Sunday ~NANCE~.~S3
Boca Raton, Palm Beach County, Florida ~ M,SS~0N 0~ THE CITY OF DELRAY
Delray Beach, Palm Beach County, Florida P~AC,.O LAND PRESENTLY
ZONED ~M (MEDIUM DENSITY
RESIDENTIAL) DISTRICT INTHE
PRD (PLANNED R~SIDENTIAL DE-
VELOPMENT) DISTR~CT;SAID
STATE OF FLORIDA LAND BEINGA PORTIONOF
....TRACTS A AND B, LAGO DEL EEY,
AND A PORTION OF THE PLAT OF
LAGO DEL EEY, PLAT II A,~
COUNTY OF PALM BEACH ~ MORE PART'CULARLY~=' '
ig lty lly ,.~ 'zo.,.~ ~,~.,c* ~,~, ~.
Before the unders ned author persona .~ .~c., ~0.,~, ,~,; ~0-
appeared Mlchelle Bernzweig, Marketing v,o,.~ A GENERAL RE~[ALER
CLAUSE, A SAVING CLAgSE, AND
AN EFFECTIVE DATE.
Bo~vloe8 M~n~ge~ of The ~ews, d~l17 news-
p~por8 pubHshod In Boo~ ~a~on In Palm
AN ORDINANCE OF THE CITY COg-
Beach County. Florida; that the attached ~,ss,o. OF THE CITY OF DELRAY
BEACH, FLORIDA,AMENDING
VELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF
THE CITYOF DELRAYBEACH,
.~ FORVEHICLES" AS A CONDIT~ON-
AL USE WITHIN THE ZONE D[S-
TRACT, SUBJECT TO A LOCATION.
AL RESTRiCTiON; PROVIDING A
SAVING CLAUSE, A GENERAL RE-
~~ PEALER CLAUSE, AND AN EFFEC-
TiVE DATE.
ORDNANCE NO. ~2-~
AN ORDINANCE OF THE OTY CO~
Affiant further says that The News is a M~SSION OF THE CITY OF DELRAY
BEACH, FLORIDA, ADOPTING COM-
newspaper published in Boca Raton, in said PREHENSIVE PLAN AMENDMENT
9D1, PURSUANT TO THE PROVl-
Palm Beach County. Florida, Monday s,0.s 0F THE 'LOCAL GOVE~N-
. MENT COMPREHENSIVE PLAN-
NING AND LAND DEVELOPMENT
through Sunday, and has been entered as REGULATION ACT', FLORIDA
second class matter at the post office in THROuGHSTATUTES 16332",SECTIONSINcLUSIVE;
ALL AS MORE PARTICULARLY DE-
Boca Raton. Palm Beach County. Florida, scR,~Eo IN EXHIBIT 'A' ENTI-
TLED 'COMPREHENSIVE PLAN
for a period of one year next preceding the AMENDME"T ~'l' AND '"CORP~
RATED HEREIN BY REFERENCE;
first publication of the attached copy of ..0v,~,.o A s~v,.~ C~USE, ~
GENERAL REPEALER CLAUSE,
advertisement; and affiant further says that A,DANEFFECTWEDATE.
he has neither paid nor promised any o~,~,~,,o....
person, firm or corporation any discount, MISSIoNAN ORDINANCEoF THEOFcITyTHEoFCITYDELRA'CO~
BEACH, FLORIDA, ADOPTING A
rebate, commission or refund for the pur- NEW OFFICIALZONINGMAP; PR~
V~DING FOR THE MAINTENANCE
pose of securing this advertisement for pub- THEREOF; PROVIDING A GENER-
AL REPEALER CLAUSE, A SAVING
lloatlon In said newspapers. C~AUSE,DATE. AND AN EFFECTIV~
~DINANCE ~. ~
MISSION OF THE CiTY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 4, 'ZONING REGUL~
TtONS', OF THE LAND DEVELOP-
MENT REGULATIONS OF THE
~ --- CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORI.
DA, BY AMENDING SECTION 44.21,
"COMMUNITY FACILITIES (CF~
Sworn to and subscribed before me this T,ICT', SUBSECTION (BI, BY-
lNG "CEMETERIES" AS A PRINCI-
44.22, 'OPEN SPACE (OS} O'~
TRICT', SUBSECTION (BI, BY DE'
CIPAL USE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER
CLAUSE,AND AN EFFECT(VE
DATE,
~ ~ persons O~ides to appeal ~ny decisi~
ge)'
(8081, ~y Public, ~e of Florida at lar m....or hearing .... h person(s)
~J~ .-' and ev~nce u~ which t~e apda)~
~.~ CITY OF DELaAY BEACH'