Ord 47-03ORDINANCE NO. 47-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED R-l-AA (SINGLE
FAMILY RESIDENTIAL) DISTRICT TO RM-8 (MEDIUM
DENSITY RESIDENTLAD-8 DWELLING UNITS PER
ACRE) DISTRICT; SAID LAND BEING A PARCEL OF
LAND LOCATED ON THE WEST SIDE OF STATE ROAD
A-1-A (OCEAN BOULEVARD), APPROXIMATELY 140
FEET SOUTH OF VISTA DEL MAR DRIVE, 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, the property hereinafter described is shown on the Zoning District Map of the
City of De[ray Beach, Florida, dated April, 2003 as being zoned R-l-AA (Single Family Residential)
District; and
WHEREAS, at its meeting of November 17, 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
WHEREAS, it is appropriate that the Zoning District Map of the City of Dekay Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DFJ,R.Ay BEACH, FLORIDA, AS FOLLOWS:
Section 1. 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 RM-8 (Medium Density Residential - 8
dwelling units per acre) District for the following described property:
Tract "A", Simmons' Cay, according to the Plat thereof as recorded in Plat Book 69, Page
100, of the Public Records of Palm Beach County, Florida;
Together with;
The South 60 Feet of the Plat of Ocean Cay of De[ray, as recorded in Plat Book 50 Page 59
of the Public Records of Palm Beach County, Florida.
Section 2. 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 1 hereof.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 5. That this ordinance shall become effective immediately upon passage on second
and final reading.
A'I~ST
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,200__. ~
M-~.Y 0 R
City Clerk
First Readin~~
2 ORD NO. 47-03
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM #
ORDINANCE NO.
REZONING/SIMMONS CAY).
JANUARY 2, 2004
- REGUI..AR MEETING OF JANUARY 6. 2004
47-03 {PRIVATELY INITIATED
This ordinance is before Commission for second reading and a quasijua~dal heaffng for rezoning from
R-l-AA (Single Family Residential) to RM-8 (Multiple Family Residential-Medium Density-8 dwelling
units per acre) for a 1.36 acre parcel of land known as Simmons Cay located on the west side of State
Road A-1-A (Ocean Boulevard) approximately 140 feet south of Vista Del Mar Drive.
The subject property consists of all of the Simmons Cay plat and a portion of the Ocean Cay plat (222
North Ocean Boulevard). There is an existing large (ingle family home on the site. The proposal is
to change the zoning designation of Simmons Cay as a prelude to the future development of the
property as a multiple family residential project.
The Planning and Zoning Board held a public heating in conjunction with the request. There were
several people that spoke in favor of the rezoning with the density suffix, including two
representatives from the Beach Property Owners Association. There were also some residents from
the Vista Del Mar subdivision to the north who spoke in opposition. The Board voted 6-0 to
recommend that the request be approved, based upon positive findings with respect to Chapter 3
(Performance Standards), Land Development Regulations Section 3.2.2 (Standards for Rezoning
Actions), Land Development Regulations Section 2.4.5(12))(5) (Rezoning Findings), and the goals,
objectives, and policies of the Comprehensive Plan.
At the first reading on December 2, 2003, the C~ty Commission passed Ordinance No. 47-03.
Recommend approval of Ordinance No. 47-03 on second and final reading.
S:\City Clerk\agenda memos\Ord.47.03 01.06.04 Rezoning Sitranom Cay
TO:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER'---'~
MEETING OF DECEMBER 2, 2003
PRIVATELY INITIATED REZONING FROM R-l-AA (SINGLE FAMILY RESIDENTIAL)
TO RM-8 (MEDIUM DENSITY RESIDENTIAL- 8 DWELLING UNITS PER ACRE).
The subject property consists of all of the Simmons Cay plat and a portion of the Ocean Cay plat, and
contains 1.36 acres (222 North Ocean Boulevard). The property currently has an underlying land use
designation of MD (Medium Density 5-12 du/ac). The property was until 1992 zoned RM (Medium
Density Residential). In November 1992, the City Commission approved rezoning of the subject property
from RM to R-l-AA (Single Family Residential) to allow for the construction of a single family residence
on the property. A large single family home has been constructed on the site.
The applicant's request is to change the zoning designation of the property from R-l-AA (Single Family
Residential) to RM (Medium Density Residential). The proposed rezoning is requested as a prelude to
the future development of the property as a multiple family residential project. The Planning and Zoning
Staff reviewed the request and recommended application of a density suffix of eight units per acre. This
suffix would limit the maximum unit density to eight units per acre, which is more appropriate given the
surrounding prevailing land use patterns (see discussion in the P&Z staff report). The applicant has
agreed to the application of the suffix and the ordinance before the Commission reflects this change.
At its meeting of November 17, 2003, the Planning and Zoning Board held a public hearing in conjunction
with the request. There were several people that spoke in favor of the rezoning with the density suffix,
including two representatives from the Beach Property Owners Association. There were a~so some
residents from the Vista Del Mar subdivision to the north who spoke in opposition to the rezoning request.
They felt that a maximum density of five or six units per acre was more appropriate. After reviewing the
staff report and discussing the proposal, the Board voted 6-0 (Kenneth Peltzie absent) to recommend
approval of the rezoning request from R-l-AA to RM-8 based on positive findings with respect to Chapter
3, LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning
Findings), and the Goals, Objectives and Policies of the Comprehensive Plan, based on a finding that the
proposed density is appropriate based upon the Future Land Use Map designations of the surrounding
properties as well as the prevailing development pattern of the surrounding area.
By motion, approve on first reading the ordinance for the rezoning from R-l-AA to RM-8 for Simmons
Cay, based on the findings and recommendations of the Planning and Zoning Board, and set a public
hearing date of January 6, 2004.
Attachments: P & Z Board Staff Report of November 17, 2003 & Ordinance by Others
ORDINANCE NO. 47-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED R-l-AA (SINGLE
FAMILY RESIDENTIAL) DISTRICT TO RM-8 (MEDIUM
DENSITY RESIDENTIAL-8 DWELLING UNITS PER
ACRE) DISTRICT; SAID LAND BEING A PARCEL OF
LAND LOCATED ON THE WEST SIDE OF STATE ROAD
A-1-A (OCEAN BOULEVARD), APPROXIMATELY 140
FEET SOUTH OF VISTA DEL MAR DRIVE, 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, 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-l-AA (Single Family Residential)
District; and
WHEREAS, at its meeting of November 17, 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, k 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 Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of RM-8 (Medium Density Residential - 8
dwelling units per acre) District for the following described property:
Tract "A", Simmons' Cay, according to the Plat thereof as recorded in Plat Book 69, Page
100, of the Public Records of Palm Beach County, Florida;
Together with;
The South 60 Feet of the Plat of Ocean Cay of Delray, as recorded in Plat Book 50 Page 59
of the Public Records of Palm Beach County, Florida.
Section 2. 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 1 hereof.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 5. That this ordinance shall become effective immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ., 200__.
ATI'~ST
MAYOR
city Clerk
First Reading
Second Reading
2 ORD NO. 47-03
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
MEETING DATE:
AGENDA ITEM:
ITEM:
---STAFF REPORT---
November 17, 2003
IV. A.
Rezoning From R-l-AA (Single Family Residential) To RM (Multiple Family
Residential-Medium Density) For a 1.36 Acre Parcel of Land Known as Simmons
Cay (Quasi-Judicial Hearing).
GENERAL DATA:
Owner/Applicant ......................... Robert Simmons
Agent .......................................... Bill Hards & Associates
Location ...................................... West side of State Road
A-1-A (Ocean Boulevard),
approximately 140 feet
South of Vista Del Mar
Drive.
Property Size .............................. 1.36 Acres
Future Land Use Map ................ MD (Medium Density,
5 - 12 Du/Acre)
Current Zoning ............................ R-l-AA (Single Family
Residential)
Proposed Zoning ........................ RM (Multiple Family
Residential - Medium
Density)
Adjacent Zoning ................ North: R-l-AA (Single Family
Residential)
East: OS (Open Space)
South: RM (Multiple Family
Residential - Medium
Density)
West: RM (Multiple Family
Residential - Medium
Density)
Existing Land Use ...................... Residential
Proposed Land Use .................... Multifamily Residential
Water Service ............................. Existing on site.
Sewer Service ............................. Existing on site.
CONDO
IV. A.
The item before the Board is that of making a recommendation to the City
Commission on a privately sponsored rezoning from R-l-AA (Single Family
Residential) to RM (Multiple Family Residential- Medium Density) for Simmon
Cay, pursuant to LDR Section 2.4.5(D).
Pursuant to Section 2.2.2(E)(6), the Local Planning Agency shall review and
make a recommendation to the City Commission with respect to the rezoning of
any property within the City.
The subject property consists of all of the Simmons Cay Plat and a portion of the
Ocean Cay plat and contains 1.36 acres (222 North Ocean Boulevard).
At its meeting of June 12, 1984, the City Commission approved a 13-unit multiple
family project on the Subject property. The deVeloPment never occurred and the
site plan expired.
As part of the adoption of the Future Land Use Map in November 1990, the
designation of the property was changed from MF-15 (multi-family 15 units per
acre) to MD (Medium Density 5/12 du/ac), this Future Land Use designation
remains in effect.
As part of the citywide rezonings in 1991, the property was rezoned from RM-15
to RM (Multiple Family Residential - Medium Density). In November 1992, the
City Commission approved the rezoning of the subject property from RM to R-l-
AA (Single Family Residential). This rezoning was initiated to allow for the
construction of a single family residence on the property and a single family
home has been constructed on the site.
The applicant has submitted a request for a zoning change from the R-1AA
designation which is now the action before the Board.
The current proposal is to change the zoning designation of the property from R-
1-AA (Single Family Residential) to RM (Multiple Family Residential - Medium
Density). The applicant has indicated that the proposed rezoning is requested as
a prelude to the future development of the property as a multiple family
residential project. However, at this time a development application has not been
submitted.
P & Z Board Staff Report
Rezoning from R-l-AA to RM for Simmons Cay
Page 2
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map,
Concurrency, Comprehensive Plan Consistency and Compliance with the
Land Development Regulations.
FUTURE LAND USE MAP: The 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.
The subject property has a MD (Medium Density - 5-12 du/ac) Future Land Use
Map designation and is currently zoned R-l-AA (Single Family Residential). The
proposed RM (Multiple Family Residential- Medium Density) designation is
consistent with the MD Future Land Use Map designation. As noted in the
background section of this report, the property was previously zoned RM. A site
plan was approved for a multifamily project of 13 multifamily units which was
never constructed and the site plan approval expired.
Following expiration of the site plan approval for the multiple family
developments, the properties (two lots) came under separate ownership. Efforts
to reunite the properties for develOpment for multiple family residences failed.
Eventual the properties were combined and a single family home was
constructed. The applicant now proposes to demolish the house to make way for
a multi-family development. Pursuant to the LDR Section 4.4.6(B) (3), multiple
family structures with a base density of 6 units per acre could be constructed on
the site. Upon review of a site plan an increase between 6 units and 12 units
per acre can only be achieved through compliance with addition requirements
contained in LDR Section 4.4.6 (I) Performance Standards.
Based upon the above, a positive finding can be made with respect to
consistency with the Future Land Use Map designation can be made.
Concurrency: Concurrency as defined pursuant to Objective B-2 of the
Future Land Use Element of the Comprehensive Plan must be met and a
determination made that the public facility needs of the requested land use
and/or development application will not exceed the ability of the City to
fund and provide, or to require the provision of, needed capital
P & Z Board Staff Report
Rezoning from R-l-AA. to RM for Simmons Cay
Page 3
improvements in order to maintain the Levels of Service Standards
established in Table CI-GOP-I of the adopted Comprehensive Plan of the
City of Delray Beach.
Water & Sewer:
Water service can be accommodated via a service lateral connection to
the existing 6' water main along Ocean Boulevard (State ROad A-l-A).
Adequacy of fire suppression will be evaluated during the site plan review
process.
Sewer service is available via a service lateral connection to the existing
8" main along Ocean Boulevard.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's
Water Treatment Plant and the South Central County Waste Water Treatment
Plant for the City at build-out. Based upon the above, pOsitive findings can be
made with respect to this level of service standard.
Drainage:
With a rezoning request drainage plans are not required. The storm water
retention will be reviewed during the site plan application process. There are no
problems anticipated with retaining drainage on site and obtaining a South
Florida Water Management District permit.
Traffic:
The applicant has provided a traffic analysis that compares the traffic generated
by the existing single family home and the maximum multiPle family development
allOwed in the RM zoning district. The analYSiS indicates that 102 additional
average daily trips will be generated, 6 net new trips in the a.m. peak hour, and 8
net new trips in the p.m. peak hour.
Parks and Recreation:
The applicant will be responsible for the City's Parks and Recreation
requirements during the site plan review process. The subject property has a
development potential of 16 dwelling units (1.36 acres x 12 du/ac = 16 units)
under the proposed RM zoning designation. Consequently, the applicant would
be subject to an $8,000 park impact fee at maximum development (16 units x
500. per unit).
P & Z Board Staff Report
Rezoning from R-l-AA to RM for Simmons Cay
Page 4
Solid Waste:
The development of the property under the RM zone district should not create an
adverse impact on this level of service standard. The subject property has a
maximum development potential of 16 dwelling units (1.36 acres x 12 du/ac = 16
units). The existing single family residence generates 1.99 tons of solid waste
per year. The 16 multiple family units would generate 8.32 tons of solid waste
per year. Therefore, the net increase would be 6.33 tons of solid waste per year.
The increase can he accommodated by existing facilities and thus, will not have
a significant impact on this level of service standard;
School Concurrency:
School concurrency must be addressed dudng the rezoning application and
represent the maximum development. The applicant has submitted and received
a finding of concurrency from the Palm Beach County School Board. This
certificate is valid for one year from November 5, 2003.
Consistency: A finding of overall consistency may be made even though
the action will be in conflict with some individual performance standards
contained within Article 3.2, provided that the approving body specifically
finds that the beneficial aspects of the proposed project (hence compliance
with some standards) outweighs the negative impacts of identified points
of conflict.
COMPREHENSIVE PLAN POLICIES:
^ review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives and policies are noted:
Future Land Use Element Obiecfive A-1 - 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 land uses, and fulfills remaining land use
needs.
As noted previously, the property previously obtained site plan approval for a
multiple family development, which subsequently expired. The property to the
north and west are single family residences. The compatibility of these two uses
is a concern given the maximum development potential under RM of 12 units per
acre. While this can be somewhat mitigated with heavy buffering (buffering in
excess of the minimum in both width and material) the Board may want to
consider further limiting the maximum achievable density through the application
of a suffix. This process is further discussed under Housing Element Policy A 3.2.
There is no concern with respect to compatibility to the multiple family residential
uses to the south.
P & Z Board Staff Report
Rezoning from R-l-AA to RM for Simmons Cay
Page 5
Future Land Use Element Objective C-5 - The relationship between coastal
area population and measures for evacuation in the event of a hurricane
shall be enhanced through the requirement that redevelopment of existing
properties in the coastal zone shall be consistent with the Future Land Use
Map as opposed to reconstruction to current intensities, except as
provided in Coastal Management Policy C-3.5.
The current intensity for the subject property as defined by the zoning code is
single family residences. The MD Future Land Use Map allows for a residential
density of up to 12 dwelling units per acre. Therefore, the proposed rezoning to
RM and subsequent development of multifamily uses is supported by this
objective.
Housing Element Policy A-3.2 - The most restrictive residential zoning
district that is applicable given existing development patterns and typical
lot sizes shall be applied to these neighborhoods and affixed to the zoning
map. Requests for rezonings to a different zoning designation, other than
Community Facilities, Open Space, Open Space and Recreation, or
Conservation shall be denied.
This policy relates to areas which are designated stable residential on the
Residential Neighborhood Categorization Map (including this site). There is a
concern with respect to the compatibility of the rezoning request with the existing
development patterns. The following table identifies the neighboring residential
developments and their respective densities:
Development Type Density
Vista Del Mar Single Family 2.97 du/ac
Delray Beach Esplanade Single Family 4.41 du/ac
Dorchester Multiple Family 9.17 du/ac
Pursuant to the LDR Section 4.4.6(B)(3), multiple family structures with a base
density of 6 units and a maximum density of 12 units per acre subject to
performance standards are allowed as a permitted use in the RM zoning district.
The density for a specific RM development may be further limited by a numerical
suffix affixed to the designation and shown on the zoning map (i.e. RM-8 limits
the maximum density to eight units per acre). The proposed zoning would allow
a density of up to 12 dwelling units per acre adjacent to the single family
neighborhood. At the maximum density the land use intensity would increase
between the Dorchester and Vista Del Mar. Appropriate land use relationships
would dictate a stepping down in land use intensity between the mult'Eamily and
single family uses. Consequently, the application of a suffix would assure the
appropriate transition would occur. Given the development pattern of the
surrounding neighborhood it would be appropriate to apply a suft-cx of 8 dwelling
units per acre. It is noted that the provision of the suffix of 8 does not imply that 8
units per acre will be approved on this site. Any approval over 6 units per acre
will require compliance with Performance Standards. The 8 unit per acre suffix
P & Z Board Staff Report
Rezoning from R-l-AA to RM for Simmons Cay
Page 6
will, however, represent the upper density cap. It is also recommended that when
the performance standards are considered (during the site plan process) a
greater weight should be placed on achieving standard (C) which states:
Where immediately adjacent to residential zoning districts having a lower density,
building setbacks and landscape material along those adjacent property lines are
increased beyond the required minimums in order to provide a meaningful buffer
tO those lower density areas. Building setbacks are increased by at least 25% of
the required minimum; at least one tree per 30 linear feet (or fraction thereof) is
provided; trees exceed the required height at time of planting by 25% or more;
and a hedge, wall offence is provided as a visual buffer be~veen the properties.
Therefore, a rezoning of the subject property with a maximum density cap of 8
(RM-8) would be more consistent with Housing Element Policy A-3.2 and more
appropriate based on the Future Land Use Map designations of the surrounding
properties as well as the prevailing development pattern of the surrounding area.
Coastal Management Element Policy C-3.? - There shall be no change in
the intensity of land use within the barrier island and all infill development
which does occur shall connect to the City's storm water management
system and sanitary sewer system.
The Future Land Use Map designation of the.property is MD (Medium Density 5
to 12 du/ac). The intensity of the land use classification will not be modified due
to the rezoning application. The request is essentially reversionary and will
achieve consistency between the Future Land Use Map and the Zoning Map. It is
noted that if a suffix is applied it will limit the maximum unit count to less than
was previously approved or allowed under the priOr RM zoning designation in
1992.
Coastal Management Element Ob|ective D-? - There shall not be any
development upon the barrier island which shall reduce hurricane
evacuation time beyond its Present level or which shall loWer the level of
service at the intersections of SR A-I-A and Atlantic Avenue; George Bush
Boulevard and SR A-l-A; or at Linton Boulevard and SR A-I-A.
The hurricane evacuation time is based on the development potential allowed by
the Future Land Use Map. Since there is no change to this map, the evacuation
time will not be affected.
Section 3:2.2 (Standards for Rezoning Actions): Standards B and C 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 pattems and typical lot sizes shall be applied to those
areas identified as "stable" and "stabilization" on the Residential
P & Z Board Staff Report
Rezoning from R-l-AA to RM for Simmons Cay
Page 7
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.
As noted in the analysis of Housing Element Policy ^-3.2, the subject
property is proposed to be rezoned back to the RM classification. The
surrounding area is designated as stable. The application of the 8 unit per
acre suffix is appropriate given the development pattern of the surrounding
neighborhood.
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:
Direction Zoning Uses
North R-l-AA
West RM
South RM
East OS
~sta Del Mar single family
Single Family Residential
Dorchester multiple family
City Beach
Multiple family development allowed in the RM zoning distdct would be
compatible with the existing multiple family development to the south.
However, given the development pattern of the neighborhood, a density
cap of 8 units per acre is appropriate to provide a transition between the
multiple family area to the south and the single family neighborhood to the
north. It is noted that development of the subject property should not
expect approval of a density at the higher end given the need for the
transition between the more intense Dorchester co-op to the south and the
single family neighborhood to the north~ The development requirements in
the City's Land Development Regulations are sufficient to mitigate any
adverse impacts to the adjacent single family uses to the north and west
and the City beach to the east.
(E)
Remaining, isolated inflll lots within the coastal Planning area shall
be developed under zoning which is identical or similar to the zoning
of adjacent properties; and, the resulting development shall be of a
design and intensity which is similar to the adjacent development.
As noted previously, the subject property is located on the periphery of a
multiple family area as designated on the Future Land Use Map. The
proposed zoning designation will be same as the neighboring properties to
the south and west. It is noted that a development proposal has not been
P & Z Board Staff Report "
Rezoning from R-l-AA to RM for Simmons Cay
Page 8
submitted. Compatibility will be further reviewed as part of the site plan
submittal and through compliance with performance standards.
Section 2.4.5(D){5) (Rezonin(; Findin;Is)'_
Pursuant to Section 2.4.5(D)($) (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:
That the zoning had previously been changed, or was originally
established, in error;
bm
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.
The applicant has submitted a justification statement, which states the following:
'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 cimumstances particular to the site and/or neighborhood. The
Dorchester Condo abuts the subject property to the south and is zoned
RM and the two properties to the west are zoned RM. I believe both lots
(south and rear lot) are zone RM."
Comment: The basis for which the rezoning is being sought most clOsely relates
to Items mb' and "c". The applicant proposes to rezone the property back t° RM
to allow redevelOpment of the property for 'multiple family purposes. The
applicant has indicated to staff that the highest and best use of the property is
multiple family units rather than the existing single family home. Given the size
of the property, redevelopment to multiple single family residences is problematic
given site constraints. The development of multiple family on the subject
property is more logical given the associated development regUlations and
adjacent multiple family development to the south; However, the maximum
density of 12 units per acre would create a conflict with the adjacent single family
neighborhoods. Therefore, staff is recommending that a density suffix of 8
dwelling units per acre (RM-8) be approved. A poSitive finding can be made that
the cimumstances in the area and similarity in intensity to the properties to the
south and that the RM zoning distdct is more appropriate.
P & Z Board Staff Report
Rezoning from R-l-AA to RM for Simmons Cay
Page 9
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS-
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on the development proposal.
The applicant has not submitted a development proposal for the subject properly.
Therefore, there is no analysis with respect to the City's Land Development
Regulations.
The subject property is not in a geographical area requiring review by the CRA
(Community Redevelopment Agency), DDA (Downtown Development Auth0dty)
and HPB (Historic Preservation Board).
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
PROD
Beach Properties Association
Via Marina HOA
Manor House
President's Council
Public Notice:
Formal public notice has been provided to property owners within a 500: radius of
th® subject property. The planning and zoning Department has received, seVeral
letters of opposition to the proposed rezoning. Any further letters of support or
objection, if any, will be presented at the Planning and Zoning Board meeting.
The rezoning from R-l-AA (Single Family Residential) to a straight RM (Multiple
Family Residential - Medium Density) designation is not consistent with the
policies of the Comprehensive Plan and Chapter 3, or LDR Section 3.2.2 of the
Land Development Regulations. Positive findings can be made with respect to
LDR Section 2.4.5(D) (5) (Rezoning Findings). However, with the application of a
suffix limiting the maximum density to 8 units per acre consistency with Chapter
3, LDR Section 3.2.2 and policies of the Comprehensive plan can be achieved.
With the suffix a finding that the proposed density is appropriate based upon the
Future Land Use Map designations of the surrounding properties as well as the
prevailing development pattem of the surrounding area can also be made.
P & Z Board Staff Report "
Rezoning from R-l-AA to RM for Simmons Cay
Page 10
Continue with direction.
Recommend approval of the rezoning request from R-l-AA to RM-8 for
Simmons Cay, based upon positive findings with respect to Chapter 3
(Ped'ormance Standards) of the Land Development Regulations, policies
of the Comprehensive Plan, and LDR Section 2.4.5(D)(5).
Recommend approval of the rezoning request from R-l-AA to RM for
Simmons Cay, based upon positive findings with respect to Chapter 3
(Per~0rmance Standards) of the Land Development Regulations, policies
of the Comprehensive Plan, and LDR Section 2.4.5(D)(5).
Recommend denial of the rezoning request from R-l-AA to RM for
Simmons Cay, based upon a failure to make positive findings with
respect to Chapter 3, LDR Section 3.3.2, policies of the Comprehensive
Plan and that the proposed density is not appropriate based upon the
Future Land Use Map designations of the surrounding properties as well
as the prevailing development pattem of the surrounding area.
By motion:
Recommend to the City Commission approval of the rezoning from R-l-AA to
RM~8 for Simmons Cay, based upon positive findings with respect to Chapter 3,
LDR Section 3.3.2,LDR Section 2.4.5(D)(5) policies of the Comprehensive Plan
and based on a finding that the proposed density is appropriate based upon the
Future Land Use Map designations of the surrounding properties as well as the
prevailing development pattem of the surrounding area.
Attachments:
E! Letters of objection
El Location/Zoning Map
[3 Boundary Survey
Prepared by: Scott Pape, Senior Planner
RM
SIMMONS
CAY
- REZONING -
FROM: R-l-AA (SINGLE
FAMILY RESIDENTIAL)
TO~: RM (MULTIPLE
FAMILY RESIDENTIAL -
MEDIUM DENSITY)
-~22 & 218 N. OCEAN BLVr'
S
Message Page 1 of 2
Pape, Sco~
From: Tran, Nguyen
Sent: Wednesday, October 15, 2003 2:30 PM
To: Heussi, Leretta; Pape, Scott; Doding, Paul
Subject: FW: Letter to City of Defray re rezoning.doc
This e-mail was sent to our department's mailbox.
Nguyen
-----Original Message .....
From,' Elegant Home Products [mailto:elegantrnarble@hotrnail.com]
Sent: Wednesday, October 15, 2003 8:30 AH
To: pzmail@mydelraybeach.com
Subject: Letter to City of Delray re rezoning.doc
Poludniak
1202 Vista Del Mar Drive
Delray Beach, FL 33483
October 15, 2003
City of Deiray Beach
100 N. W. Ist Avenue
Delray Beach, FL 33444
Attn: Mr. Paul Dorling
Planning Director
RE: Proposed Rezoning
File #2003-334
Dear Mr. Dorling:
Last week we received a notice fi.om your office with regard to a proposed zoning change on A1A.
Please note that we are adamantly opposed to this change for various reasons as described herein.
First, the house that is currently located on A1 A acts as a buffer to the single-family residences just
north of this location. It is a true line of demarcation that helps make this single-family residential area
whole. The change in the zoning will adversely affect the character and quality of our neighborhood.
Second, rezoning this property, with subsequent multi-housing development, will certainly increase
traffic in the area. This single-family residential area is made up of numerous families with children.
The children play in and around the area. We akeady have substantial traffic moving down A1A and
Andrews. This will only increase the same.
Third, it is our understanding that the city staffis bound to preserve and protect the neighborhood. As a
single example, multi-housing will cause additional burden in case of a need to evacuate the island.
10/15/2003
Message
Logic suggests that a change of zoning on this location will not forward this city policy.
Last, we moved here three years ago. What drew us to this area of town was the true ambiance of a
"Village by the Sea." It appears clear to us that any action that would be taken to rezone the property
would deteriorate this reality.
Sincerely,
Page 2 of 2
Steve and Monica Poludniak
10/15/2003
RECEIVED
0 C T 1 5
Message Page 1 of 2
Dorling, Paul
From: Tran, Nguyen
Sent: Wednesday, October 15, 2003 2:30 PM
To: HeussJ, Loretta; Pape, Scott; Doding, Paul
Subject: FW: Letter to City of Delray m mzoning.doc
This e-mail was sent to our department's mailbox.
Nguyen
From: Elegant Home Products [mailto:etegantmarble~hotmail.com]
· ent: Wednesday, October 15, 2003 8:30 AM
To: pzmail@mydelraybeach .corn
Subject: Letter to Ory of Delray re rezoning.doc
Poludniak
1202 Vista Del Mar Drive
Dclray Beach, FL 33483
October 15,2003
City of Delray Beach
100 N. W. I st Avenue
Dclray Beach, FL 33444
Attn: Mr. Paul Dorling
Planning Director
RE: Proposed Rezoning
File/12003-334
Dear Mr. Dorling:
Last week we received a notice from your office with regard to a proposed zoning change on AIA.
Please note that we are adamantly opposed to this change for various reasons as described herein.
First, the house that is currently located on A1A acts as a buffer to the single-family residences just
north of this location. It is a true line of demarcation that helps make this single-family residential area
whole. The change in the zoning will adversely affect the character and quality of our neighborhood.
Second, mzoniag this property, with subsequent multi-housing development, will certainly increase
traffic in the area. This single-family residential area is made up of numerous families with children.
The children play in and around the area. We already have substantial traffic moving down A1A and
Andrews. This will only increase the same.
Third, it is our understanding that the city staff is bound to preserve and protect the neighborhood. As a
single example, multi-housing will cause additional burden in case ora need to evacuate the island.
1 O/! 6/2003
Message
~
Logic suggests that a change of zoning on this location will not forward this city policy.
Last, we moved here three years ago. What drew us to this area of town was the hue ambiance of a
"Village by the Sea." It appears clear to us that any action that would be taken to rezone the property
would deteriorate this reality.
Sincerely,
Page 2 of 2
Steve and Monica Poludniak
10/16/2003
OCT 15 2003 IO:O1AH HP LASER3ET 3200
Harold & Mary Kilpatrick
The Dorcl~ster
200 North Ocean 2taulevard
~partment lO-North
Deiray Beacl~ Florida 33487
Planaing & Zoning ~
City of Delray Beach
City Hall
100 Nor~west I~t Avenue
Delray Beach, Florida 33444
Re: l~e prol~ed re-zoning of aorop~~ ~t 222 ~Vortk Oee~ ~ in Delr~y Beack
V'm Fax: ($61) 243-7221
As residents of Ap~h,,ent 10-Noflh in th~ Dorches~r locaied at 200 North Ocean Boulevard
in Delray Beach, which is next to and overlooks the property referenced above, my wife and I
are very much opposed to changing the zoning from single family to multi-family for bhe 222
North Ocean parcel.
This parcel is the beginning of an ar~a in which many large and expensive estate home~ are
located. We do not believe ~hs, multi-family "J~inge development" should be allowed in rigs area
under any circumslan~s.
W~ apprec/ate your conMderation.
$inc~ly,
Harold & Mary
'RECEIVED
OCT 1 5 2003
PLANt, lNG & ZONING
10/06/2003 12:57 56i2753024 GREENE PAGE Bi
FA>
To:
RE:
FR:
Thi~
MEMO
Dr. & Mr~ Bruce D. Greene
200 North Ocean Blvd. Apt. 10-S
Delray Beach, Fi 33483
561-272-1217
opp,
fol~
1.
2.
3.
4.
Pie
coo ~eration.
October 14, 2003
Paul Dorling, Planning Di~etor Delray Bea~k
2003334 ,--a,' "~. x ff ~ J
Linda & Bmoc Greene ~. 7 ~)~ ~'-'~
is to appeal to you and your department re: tl~property next
to the Dorchester on 222 South Ocean Blvd. We are very
)sed to changing the zoning to a multifamily dwelling for the
~wing reasons:
! will only add to the over density of the beach area and further
rode the "Village by the Sea" atmosphere that has made
)elray Beach so special.
his property is in a transitional zone between the Dorchester
nd a beautiful old Delray single family home community. It
eeds to remain a single family home to protect the current
haractcr of the community.
otential noise & traffic Problems from a density of this type.
)etracting fix)m & blocking the existing views from thc
)orchester, which has existed for almost 30 years.
se help us and our neighbors! Thank you for your anticipated
RECEIVED
OCT 1 5 2003
Mr. Paul Dorling
Planning and Zoning Department
100 lqW Ist Avonuo
Delray Beach, Florida
Octob~ 14, 2003
I am writing you about file # 2003-3M. I am concengd about the nerve
impact th/s rezoning will have on the c -h~u--acter and the quality of the
n~/ghborhood my finnay and I have lived in sinc~ 1987.
Thi_~ parcel of land is a transitional spot.on AIA. It separates our
neighborhood of single-family homes from the Dorchester Co-Op, The East
Wind Beach Club, Berkshire and so on further south.
In the intere~ of pr~erving and protecting my neighborhood in our "Village
by the Sea" I would like this proposed rezoning request to be denied. Thank
you for your consideration-
Robert S. Irish
1225 Vista Del Mar Drive
Delray Beach, Florida
33483
RF '-. VED
OCT I ~ 2003
PLANNING & ZONING
Mr. and Mrs. W. Tunstall Searcy, Jr.
200 North Ocean Boulevard g4N
l)elray Beach, FL 3348:3-7126
Tel: 561 / 278-1029, email tsearcy~tsearcy, com
P.O1
October 14, 2003
Mr. Paul Dorling
Planning Director
City of Delray Beach
Fax: 561-243-7221
RE: File #2003-334
Dear Mr. Dorling:
My wife and I are totally against rezo.l_,g the propen3~ at 222 North Ocean
Boulevard from single family residential to multiple family residential-
medium density.
We feel that such a change would detract from the "Village By The Sea"
character of the neighborhood. We thought that this was a protected
neighborhood and such a change we feel would adversely affect the area. If
this property becomes multifamily medium density, then what about the
property to its north and the next and the next. Before you know it we would
have nothing but condos along the beach.
If the house is tom down, are we going to have another long term vacant on
A1A? We certainly oppose this and think that any protracted construction
project is a probl_em We at the Dorchester just spent over $55,000 to have
our building painted. We do not want to see this mined by all the dirt such a
project would generate
RF_.GE!VED
OCl 1 ~ ~003
pt tll, tlti & ZO H6
TOTAL P. 01
0CT--14--2005 02:~8 PM JEL 5612450?02+
To Paul DorlJng
Plmeina Diructor
City of l~y Beach, FI,
R~f~lsge file #2003-334
I live at 2(~) N. Ocean Blvd_..tho home next to us that you plon to re-zone has boon n eye sore since we
moved in over 7yrs aSo as we live on the Northside of the bids on the 5th floor...the ordinal planning board
shmdd have IooloM over the plann...Mo big for the area.
As ~ar as the new plans.....I think S train way too n~ny that 3 would be what the property rails for If the
ehan~e goes as phumed.....As you drive thru tho residontlel areas of Dekey you sen ~o many multi units
crumped ~ to such enroll areo..J ...... I think the pl~ces o~ Fed~'nl Highway #1 ~haw thJ~ to ha t~o...
We have ~ vac~u~ie~ here in our bldg for salc....l think the n~s is belng built up too much. My wife's
~nts name in here in the Winter 39 yr~ or mote(ein~e de. ad) but my wife lived with them on Vista
Del mar....the home at the oc~n and Vi~'m Del mat on Noflh sld~ is way out of line for tho
nei~lx~ood...if this dumge in properly next to us doe happen then ~orr~t plans for lira home~ ~ fit
As for n~t door,,..lfit does not go thru to keep it single family I sug~e~ you keep thmn in the ~ of the
John £. Laughter
RECEIVED
OCT ! 2003
PLANNING & ZONING
0CT-14-2~ 15:03
:?,. J. Himmel~i0ht
D~l~r t~&, Flo~ 334~3
P.O1
TOTPL. P. O1
RECEIVED-
0CT ! ~ 2003
PLANNING & ZONING
10/13/2003 23:$8 FAX 740 335323!
JUNK # JT~IK ATYS
WILLIAM . JUNK
JUNK AND JUNK
ATTORNEYS AT LAW
213 N. MAIN STREET
WASHINGTON C.H., OHIO
43160
O~tober 14, 2003
T · flON
Mr. Paul Dorling
Planning Director
City of Delray, FL 33483
Ref. File No. 2003-334
I have received nc~ce of a hearing on a proposed re-zoni~ of the property known as 222
N. Ocean Blvd., Delray Beach, Florida, from single family residential to multiple family
By this letter I would likc to enMr my disapproval of such l'C~ZOfliflE for the following
reasons:
1. It will greatly depreclnM the vnlue of my property which lays immediately sonth of thc
property seeting to be re-zoned.
2. The property in question is the first of a series of single family homes ex'~ding to
B-~ Blvd. Such a zoning change would d¢l~act ~oa, the character of the neighborhOOd.
3. The present building on the lot in question is n mnlti-million dollar mansion. Any
changes would lower the aesthetic chara~r of A1A.
4. Tl~re has been great cffort to maintain A1A as a .~mnll village by th~ sea. Zoning
changes such as requested only takes away from the small village atmosphere.
5. Such a zoning change would add to u-a~fic congestion on A1A which is already a
problem.
6. Such a zoning change would only leave to further construction on North Ocean Blvd.
which h~ been a continuing nuisance for the past several years.
William M. Junk
200 N. O~ean Blvd. - Apt.2 N
Debay Bea~ Florida 33483
RECEIVED
OCT ! ~ 2003
DONALD -~. JONES -
RF~EIVED
O£T 1 7 ~003
PLAAItdih~ & ZONING
Mr.
and Mrs. Gerard L. Donnelly
200 North Ocean Blvd.
Delray Beach, FL 33484
Mr. Paul Dorllng
Planning Director
City of Delray Beach,
FL 33483
RE: FILE ~2003-334
Dear Mr. Dorltng,
It has come to our attention that you are considering a
new plan to rezone the property to the north of us at
222 North Ocean Blvd from the existing single famil~ zoning
~ mul--~-~¥1~f-~mi~ ~oning. We are extremel~ oppose~to this
plan. We feel that the construction would have an adverse
impact on the neighborhood, and ultimately on the city. We
had thought that we were protected ia our "Village by the Sem".
THis is not Ft. Lauderdale; this is Delray Beach. Let's not
spoil it!
Thank you for giving this matter your very aeriou attention.
Most sincerely,
Virginia Ives D°nnelly
(Mrs. Gerard L. Donnelly)
RECEIVED
OCT 1 6 2003
PLANNING & ZONING
October 16, 2003
Planning and Zoning
City Hall
100 NW 1 Avenue
Delray Beach, FL 33444
Attention: Mr. Paul Dorling
RE: Proposed Rezoning for Simmons Cay, Case//2003-334
Dear Mr. Dorling,
This letter is in reference to request for rezoning for the above-referenced property
that is scheduled for the October 20, 2003 meeting of the Planning and Zoning
Board. We own a house on the south side of Vista Del Mar Drive, which is just to
the northwest of the subject property within the same city block. Any changes to
the zoning for a property in such close proximity to our house must be examined
in the light of the potential impact to the neighborhood as a whole as well as the
individual houses.
The subject property is the northernmost piece in the immediate vicinity with the
underlying "multiple-family" land use designation. Any consideration of rezoning
must consider how essential some type of transitional area is between the areas of
higher and lower intensity. Changing of zoning to a designation which would
allow as many as 16 dwelling units would undoubtedly result in a complete
disregard for any necessary transition between the single and multiple family
districts.
We trust that any and all recommendations made by both the staff and the ..
Planning and Zoning Board would be in keeping with the scale of the single-
family neighborhood to the north.
Please put our concerns on record that we are opposed to this rezoning request,
and please forward this letter to the Planning and Zoning Board and the City
Commission.
Sincerely,
Leigh and Gwen Gove
1222 Vista Del Mar Drive
Delray Beach, FL
t=r",EWED
OCT 1 7 2Q03,
Dorlin~l, Paul
From:;
Sent:
To:
Subject:
SHilarie@aol.com
Wednesday, October 15, 2003 12:51 PM
Dorling@mydelraybeach.com
Re: Rezoning item#2003-334
Dear Mr. Dorling,
Please see this letter as my family's opposition to the proposed rezoning of
the above-referenced item.
The zoning from multi to single several years ago was the best thing that
could have happened to our neighborhood. THis area borders one of the most
desirable Neighborhoods in the city and directly borders Vista Del Mar, which is
considered to be the lovliest residential street in town.
Increased density is only a good thing for the developer. Unfortunately, Mr.
Simmons spec home became a white e~ephant and he has been unable to unload it
for many years for reasons completely resting on his shoulders personally.
This project was one of many he built on speculation that did not achieve his
desired goals. A shame for him, but should it become a problem for the rest
of the neighborhood? Should rezoning be a tool for an individual who has
problems?
I also believe it would effect our property values adversely. Most of the
south side of Vista backs up to the Simmons' property. A single family
neighborhood that shares a property line with a multi family/ higher density project
is much less desirable than one that is attached to another single family home
lot.
Higher density is not in the best interest of the neighborhood. It would
only be in the best interest of the developer. It certainly doesl not help
residential neighborhood keep and enhance its character.
any
As a lifelong resident, keeping the small town feel is close to my heart.
But from the eyes of newer residents, this 'Village by the Sea' ideal is what
so many are searching for. Hence, our new popularity. If we keep piling more
and more density into the neighborhoods, what makes us any different from the
overcrowded places from which people are departing?
Please do what you can to preserve what is left of my charming hometown.
Thank you so much for your time and attention in this matter.
Sincerely,
Mr. and Mrs. Roger P. Hurlburt
1230 Vista Del Mar Drive
Delray Beach, F1 33483
Page 1 of I
Doffing, Paul
From: pduanedb [pduanedb@bellsouth.net]
Sent: Wednesday, October 15, 2003 8:04 PM
To: dorling@mydelmybeach.com
Subject: Case #20033-334
Dear Mr. Doding
Late yesterday I was informed of the plan of the owner of this property to demolish the existing house and build
town houses on the property. Neighbors are very upset because this is a single-family plot with very upscale
homes in the nearby area. Town houses would be an undesirable impaction to the neighborhood and be contrary
to the '~illage by the Sea" concept.
Concerned area resident,
Patricia B. Duane
1020 Vista del Mar Drive
Outgoing mail is certified Vires Free.
Checked by AVG anti-virus system (http://www. RrisofLcom).
Vemion: 6.0.515 / Virus Database: 313 - Release Date: 9/1/2003
1 O/16/2003
Page 1 of 1
Dorling, Paul
From: Bemard Dahlem [b.dahlem~mindspdng.com]
Sent: Wednesday, October 15, 2003 11:57 AM
To: doding @mydelraybeach.com
Subject: Rehearing Public Notice #~49
~ Moming Paul,
I received the above notice by mail and will be unable to attend the Board of Adjustment Public Hearing Thursday
October 16, 2003 because I wont be in Delray until the 18th.
My home is within 500 feet of the request fi'om Mr. & Mrs Levin of 900 Melaleuca Road.
I very strongly object to the reduction of their sideyard setback from 12 feet to 3 feet 4 inches. This is absolutely
rediculous. Setbacks should never be such that neighbors walls can be a mere 6 feet 8 inches apart anyplace in
Delray. I would object to such a request anywhere in the City.
In the Seagate area, where the height of homes have increased dmmaficelly in recent years, the setback
requirements should indeed be increased in order that there is a proportionate ameut of yard area to
accommodate the larger homes and also to allow the necesary sunlight for shrubery to grow properly.
Please log in my strong objection to any decrease in this side setback. Thanks.
Bernard A. Dahlem
622 Sea Sage Drive
Delray Beach, Florida 33483
561/272-6952
10/16/2003
Message Page 1 of 2
Heussi, Loretta
From: Tran, Nguyen
Sent: Wednesday, October 15, 2003 2:30 PM
To: Heussi, Loretta; Pape, Scott; Deding, Paul
Subject: FW: Letter to City of Delray re rezoning.doc
This e-mail was sent to our department's mailbox.
Nguyen
nF EIVED
OCT 1 5 2003
PLANNING & ZONING
-----Original Message----
From: Elegant Home Produc~s [mailtmelegantmarble@hotmail.com]
Sent: Wednesday, October 15, 2003 8:30 AM
To: pzmail@mydelraybeach.com
Subject: Letter to Ory of Delray re rezoning.doc
Poludniak
1202 Vista Del Mar Drive
Delray Beach, FL 33483
October 15, 2003
City of Delray Beach
100 N.'W. 1st Avenue
Delray Beach, FL 33444
Attn: Mr. Paul Dorling
Planning Director
RE: Proposed Rezoning
File//2003-334
Dear Mr. Dorling:
Last week we received a notice from your office with regard to a proposed zoning change on AIA.
Please note that we are adamantly opposed to this change for various reasons as described herein.
First, the house that is currently located on AIA acts as a buffer to the single-family residences just
north of this location. It is a true line of demarcation that helps make this single-family residential area
whole. The change in the zoning will adversely affect the character and quality of our neighborhood.
Second, rezoning this property, with subsequent multi-housing development, will certainly increase
traffic in the area. This single-family residential area is made up of numerous families with children.
The children play in and around the area. We akeady have substantial traffic moving down AIA and
Andrews. This will only increase the same.
.Third, it is our understanding that the city staffis bound to preserve and protect the neighborhood. As a
single example, multi-housing will cause additional burden in case ora need to evacuate the island.
Logic suggests that a change of zoning on this location will not forward this city policy.
10/15/2003
Message Page 2 of 2
Last, we moved here three years ago. What drew us to this area of town was the true ambiance of a
"Village by the Sea." It appears clear to us that any action that would be taken to rezone the property
would deteriorate this reality.
Sincerely,
Steve and Monica Poludniak
10/15/2003
RECE?v'~n
OCT 1 5 2003
~)~~ PLANNING&ZONING
OCT-15-L~3 15:~ P.O1
200 N. OCEAN BOULEVARD
D£LRAY BEACH, FLORIDA 33483
561-278-1500
October 15, 2003
Paul Dorling
Planning Director
City of Delray Beach
File 2003-334
Dear Board Members:
Az you are aware the Dorcheste~ immediately abuts 222 N. Ocean Blvd. for which we
have just received notification a request for zoning.
I would like to strongly request that you postpone consideration of this matter until all the
surrounding property owners arid other concerned taxpayers have been fully informed of
this request.
Your notices that you sent out still have not been received by some people who are out of
state on vacation, business etc. Others including myself have only received the notice
within the past few days. This matter is obviously of critical importance to the
Dorchester and the neighborhood and we should be permitted time to consult with our
attorney and prepare fo~ the actions that we may wish to make on this matter. I can see
not possible reason for rushing this matter bcforc your Board at thc lime of year when
you know that many taxpayers are not present and readily available.
I also noted some errors in your material and again due to the importance of this matter, it
is my belief that we should have recdved information that was 100% accurate.
Again I would like to reiterate the im?ortsllCe to your constituency for having a
reasonable amount of time to gather the necessary facts and information needed to make
an intelligent decision.
Ve~ Truly Youm,
RECEIVED
OCT f 5 ZOO
PLANNING & ZONING
TOTI:~_ P.01
October 15, 2003
Paul Dorling
Planning and Zoning
City of Dclray Beach
File 2003-334
I am a r~id~mt of the Dorchester loeatod al 200'N. Oce~m Blvd. Our ~roperty abuts 222
N. Ocean BIwL I x~as just informed o£the zoning request to change the single family
-dwelling to multi family. I am on~ of those ~ident thc Preaident of 9ur buildingwrote
youabout, lwaaju~notifi~dofthese~:equestsfrommywifewhoisi.nMa~- lam
now on a business trip in New York ami had no knowledge of thc material sent to
cvcryoue. I am one of those people who did not get your letter and I have to tell you that
-you.left u~ with ve~ little time to resPOnd I am rexlu~sting that the ~eting be
postponed until all ~sident~ are pro .l~rly notified of your request I for one am against
the mulli family zoning request, p].~ase add my letter along with all thc others and make
your decision to postpone thc m~,~ing a~eurdingly. As Mr. Polley s~ated, many residents
that this decision would affect ge ~ither out ofstat~ on vacation or are out of the area for
buainess. We should have all bee~ given more notic~ of ~ impeadlnE rezoning sevccal
w~k~ in advance. Wilh your notices going out, we were only allowedtwo day~ in which
lo respond. That does not give anyone enough time to research the matter fully and
gather all the facta nec~ay.
'~01n Dunning
8N- Dorehes~
200 lq. Ocean BlVd.
D~lray Beach
CC;