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Ord 05-04ORDINANCE NO. 5-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED A (AGRICULTURE ZONE) DISTRICT TO RM-8 (MEDIUM DENSITY RESIDENTIAL _ 8 DWI~,I.LING UNITS PER ACRE) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF OLD GERMANTOWN ROAD, APPROXIMATELY 1,115 FEET WEST OF HOMEWOOD BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DF.I.RAy BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALRR 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 A (Agriculture Zone) District; and WHEREAS, at its meeting of December 15, 2003, the Pbnning 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 Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, AS FOLLOWS: ~e~_a_[. 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: A parcel of land situate in Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida being more particularly described as follows: The West one-half (W V2) of the East one-quarter (E ¼ ) of the Southeast one-quarter (SE 1/4) of the Northeast one-quarter (NE ¼ ) of the Northeast one-quarter (NE ¼), of Section 25, lying north of the Road (Old Germ~ntown Road) Together With The East one-eighth (E 1/8) of the Southeast one-quarter (SE %) of the Northeast one- quarter (NE 1/4) of the Northeast oneqtuarter (NE ¼ ) of Section 25, lying north of the Road (Old Getmantown Road). ~. 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 inrigdiction 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. ATI'ISST PASSEI~ A~ND ADOPTI~.D in regular session on second and final reading on this the · day o~ ,200_~_. City Clerk First Rea~ Second Read~~~..~ 2 ORD NO. 5-04 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM $$ ~O ~b ORDINANCE NO. REZONING/HIGHLAND GROVE ESTATES) - REGULAR MEETING FEBRUARY 3. 2004 5-04 (PRIVATELY INITIATED JANUARY 30, 2004 This ordinance is before Commission for second reading and a quadjua~dal headng for rezoning from A (Agricultural) to RM-8 (Medium Density Residential-8 dwelling units per acre) for a 1.69 acre parcel of land for Highland Grove Estates located on the north side of Old Germantown Road approximately 1,115 feet west of Homewood Boulevard, The subject property consists of two (2) unplatted lots containing two (2) existing single family homes. The site was annexed into the City in 1988 with an initial zoning desigaaation of Agricultural Residential Transitional (ART) to allow existing agricultural uses to continue. With the citywide rezoning and adoption of the LDR in October 1990, the property was rezoned to Agriculture. The proposal is to change the zoning designation for Highland Grove Estates for the purpose of constructing a multiple-family residential development. The Planning and Zoning Board held a public hearing in conjunction with the request. Four people spoke expressing concerns relating to traffic and compatibility with the single-family dwellings in the area. The Board voted 6-0 to recommend that the request be approved, based upon positive findings with respect to Land Development Regulations Section 2.4.5(D)(5) (Rezoning Findings), Land Development Regulations Section 3.1.1 (Required Findings), Land Development Regulations Section 3.2.2 (Standards for Rezoning Actions), Land Development Regulations 4.4.60)0) {that the proposed density is appropriate based upon the FLUM designations of the surrounding properties and prevailing development patterns}, and the goals, objectives, and policies of the Comprehensive Plan. At the first reading on January 6, 2004, the City Commission passed Ordinance No. 5-04. Recommend approval of Ordinance No. 5-04 on second and final reading. S:\City Clezk\ag~nda memos\O~5.04 0Z03.04 Rez°mng Highland Grove Estates TO: THRU: FROM: SUBJECT: MEETING OF JANUARY 6, 2004 PRIVATELY SPONSORED REZONING FROM AGRICULTURE (A) TO MEDIUM DENSITY RESIDENTIAL - 8 DU/AC (RM-8) FOR THE PROPERTY LOCATED ON THE NORTH SIDE OF OLD GERMANTOWN ROAD, APPROXIMATELY 1,115' WEST OF HOMEWOOD BOULEVARD. The subject property consists of two (2) unplatted lots totaling 1.69 acres containing two (2) single family residences. The site was annexed into the City in 1988 with an initial zoning designation of Agricultural Residential Transitional (ART). The ART zoning designation was applied as a holding zone for properties annexed into the City in order to allow the existing agricultural uses being conducted on the properties to continue. With the citywide rezoning and adoption of the LDR in October of 1990, the property was rezoned to Agriculture (A). An application has been submitted for a Rezoning from A to RM-8. This application has been submitted with the purpose of constructing a multiple-family residential development on the subject properties. This use would be permissible under the proposed RM-8 zoning, but not under the current A zoning. Additional background and an analysis of the Rezoning request are provided in the attached Planning and Zoning Board staff report. At its meeting of December 15, 2003, the Planning and Zoning Board held a public hearing in conjunction with the requested Rezoning. Four (4) members of the public spoke on the item and expressed concerns relating to traffic and compatibility with the single-family dwellings in the area. After reviewing the staff report and discussing the proposal, the Board unanimously voted 6-0 (Krall absent) to recommend that the request be approved, based upon positive findings with respect to LDR Section 2.4.5(D) (5), LDR Section 3.1.1, LDR Section 3.2.2, LDR Section 4.4.6(I) (3) [that the proposed density is appropriate based upon the FLUM designations of the surrounding properties and prevailing development patterns] and the Goals, Objectives and Policies of the Comprehensive Plan. By motion, approve on first reading the ordinance for the privately sponsored Rezoning from A to RM-8, based upon positive findings with respect to LDR Section 2.4.5(D) (5), LDR Section 3.1.1, LDR Section 3.2.2, LDR Section 4.4.6(I) (3) [that the proposed density is appropriate based upon the FLUM designations of the surrounding properties and prevailing development patterns] and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: Planning and Zoning Board Staff Report of December 15, 2003 and Ordinance by Others ORDINANCE NO. 5-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORDA, REZONING AND PLACING LAND PRESENTLY ZONED A (AGRICULTURE ZONE) DISTRICT TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING UNITS PER ACRE) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF OLD GERMANTOWN ROAD, APPROXIMATELY 1,115 FEET WEST OF HOMEWOOD BOULEVARD, 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 A (Agriculture Zone) District; and WHEREAS, at its meeting of December 15, 2003, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public heating and voted 6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the 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: A parcel of land situate in Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida being more particularly described as follows: The West one-half (W ¼) of the East one-quarter (E ¼ ) of the Southeast one-quarter (SE ¼) of the Northeast one-quarter (NE ¼ ) of the Northeast one-quarter (NE ¼), of Section 25, lying north of the Road (Old Germantown Road) Together With The East one-eighth (E 1/8) of the Southeast one-quarter (SE ~A) of the Northeast one-quarter (NE ¼) of the Northeast one-quarter (NE ¼ ) of Section 25, lying north of the Road (Old Germantown Road). 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__. ATTEST M A Y O R City Clerk First Reading Second Reading. 2 ORD NO. 5-04 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: December 15th, 2003 IV. B. Rezoning From A (Agricultural) To RM-8 (Mf~dium Density Residential With a Density Suffix of 8 Units Per Acre) For Highland Grove Estates (Quasi-Judicial Hearing). GENERAL DATA: Owner ......................................... Harry E. Gropp Applicant .................................... Falkan Development Agent .......................................... Jeff Falkanger Location ....... : .............................. Located on the north side of Old Germantown Road, approximately 1,115 feet west of Homewood Boulevard. Property Size .............................. 1.69 Acres Future Land Use Map ................ MD (Medium Density, 5 - 12 Units/Acre) Current Zoning ............................ A (Agriculture) Proposed Zoning ......................... RM - 8 (Multiple Family Residential, Medium Density - 8 Units/Acre) Adjacent Zoning ................ North: RM (Multiple Family Residential, Medium Density) East: PRD (Planned Residential) South: A (Agriculture) West: RM - 8 (Multiple Family Residential, Medium Density - 8 Units/Acre) Existing Land Use ...................... Single Family Dwellings Proposed Land Use ....................Multiple Family Residential Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. LINTON BOULEVARD CANAL L-56 CANAL L-37 IV. B. The action before the Board is that of making a recommendation to the City Commission on a privately sponsored rezoning from Agriculture (A) to Multiple Family Residential-Medium Density - 8 du/ac (RM-8) for the property located on the north side of Old Germantown Road, approximately 1,115' west of Homewood Boulevard. Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning Agency (Planning & Zoning Board) 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 two (2) unplatted lots totaling 1.69 acres containing two (2) single family residences. The site was annexed into the City in 1988 with an initial zoning designation of Agricultural Residential Transitional (ART). The ART zoning designation was applied as a holding zone for properties annexed into the City in order to allow the existing agricultural uses being conducted on the properties to continue. With the citywide rezonings and adoption of the LDR in October of 1990, the property was rezoned to Agriculture (A). At its meeting of February 22, 1999, the Planning and Zoning Board recommended approval of a request for rezoning of the adjacent property to the west from A to RM-8 (Winters Rezoning). The initial request made by the applicant was for RM zoning; however the Board determined that in order to ensure compatibility with the adjacent residential uses, a suffix of eight (8) units per acre should be applied to the property. At its meeting of March 16, 1999, the City Commission approved the rezoning of the property. This property has subsequently been platted as a single family subdivision known as Valencia Court, which is currently under development. The proposal is to change the zoning designation of the subject property from Agricultural (A) to Multiple Family Residential-Medium Density - 8 du/ac (RM-8). 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. REQUIRED FINDINGS: (Chapter 3) Pursuant to LDR 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. Planning and Zoning Boar;' 'afl Report Highland Grove Estates - R=~oning Page 2 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 Medium Density - 5-12 du/ac (MD) Future Land Use Map designation and is currently zoned Agriculture (A). The proposed Multiple Family Residential- Medium Density - 8 du/ac (RM-8) designation is consistent with the MD Future Land Use Map designation. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. 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 improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. Drainaqe: With a rezoning request drainage plans are not required. 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. 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 13 dwelling units under the proposed RM-8 zoning designation. Consequently, the applicant would be subject to a $6,500 park impact fee at maximum development (13 units x $500 per unit). School Concurrency: School concurrency must be addressed during the rezoning application and represent the maximum development. The applicant has received a finding of concurrency from the Palm Beach County School Board. Solid Waste: The development of the property under the RM-8 zoning district should not create an adverse impact on this level of service standard. The subject property has a maximum development potential of 13 dwelling units. The two (2) existing single family residences generate 3.98 tons of solid waste per year. The potential 13 multiple family dwelling units would generate 6.76 tons of solid waste per year; a net increase of 2.78 tons of solid waste per year. The increase can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. Traffic: The applicant has provided a traffic statement comparing the traffic generated by the two (2) existing single family homes and a twelve (12) unit multiple family development. However, the requested density of eight (8) dwelling units per acre would allow for a maximum of 13 units. Further analysis indicates that should the maximum density be achieved, 71 additional average daily trips would be generated. Water and Sewer: Water service can be accommodated via a service lateral connection to the existing 12" water main located within the Old Germantown Road right-of-way. Sewer service may be accommodated from one of two potential options; via service lateral connection to an existing manhole in an adjoining development (Spanish Wells or Summit Delray Apartments); or via service lateral connection to the existing 4" force main within Old Germantown Road. It is noted that should the applicant select the former option, utility easements would need to be Planning andZoning Boar~ ~affReport Highland Grove Estates - l~zoning Page 3 secured from the chosen adjoining development. If the latter option is selected, than a private lift station would need to be provided on the subject property. Adequacy of fire suppression will be evaluated during the site plan review process. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Wastewater 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. 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. LDR Section 3.2.2 (Standards for Rezoning Actions): The applicable performance standards of LDR Section 3.2.2 are as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses surround the subject property: Zoninq Des~qnation: FLUM Desiqnation: Use: North RM MD South R-l-AAA LD R-l-AAA LD A LD East PRD MD PRD MD West RM-8 MD Spanish Wells Condominiums Rabbit Hollowe Subdivision Verona Woods Subdivision Single Family Residences Summit Delray Apartments Crosswinds Condominiums Valencia Court Subdivision Multiple family development is permissible within the proposed RM-8 zoning district and would be compatible with the existing multiple family developments to the north and east. The single family subdivision to the west (Valencia Court) was recently rezoned from Agriculture (A) to RM- 8 in 1999 and could still be redeveloped in the future as a multiple family development. The single family subdivisions and remaining agriculturally zoned properties to the south are separated from the subject property by Old Germantown Road and the development requirements found in the City's Land Development Regulations are sufficient enough to mitigate any potentially adverse impacts to these areas. Pursuant to LDR Section 4.4.6(H), density may exceed the base of six (6) units per acre only after the approving body makes a finding that the project has substantially complied with the performance standards of LDR Section 4.4.6(I). 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. Pursuant to LDR Section 4.4.6(I) (3), for vacant property that is proposed for rezoning to RM with a density suffix, the approving body must make a finding that the proposed density is appropriate based upon the FLUM designations of surrounding property as well as the prevailing development pattern of the surrounding area. As noted in the above table, the adjacent properties to the north, east and west have MD (Medium Density) FLUM designations. Planning and Zoning Boar~ *afl Report Highland Grove Estates - k,,zoning Page 4 As discussed later in the report with respect to Comprehensive Plan Housing Element Policy A- 3.2, the proposal is consistent with the prevailing development pattern as well as the densities of the surrounding area. The affixation of the suffix restricting the density of the property to eight (8) units per acre shall ensure maximum compatibility with the adjacent properties. LDR Section 2.4.5(D) (5) - Rezonin.q Findin.qs: Pursuant to LDR Section 2.4.5(D) (5), 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: (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 submitted a justification statement, which states the following: "The Agricultural (A) zoning district serves as a holding zone designation. At this time we desire a zoning compatible with the land use of multifamily residential. The change to RM-8 from A would also create a more compatible zoning with the adjacent properties; The applicant's justification is correct, as agricultural uses are not envisioned for the long term on the subject property given the surrounding residential developments. The underlying land use allows for a zoning designation that will accommodate a multiple family residential use, which is consistent with the development pattern to the north, east and west of the subject property. Further, the requested zoning designation (RM-8) is consistent with the FLUM designation (MD). COMPREHENSIVE PLAN POLICIES: A 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 Objective A-f: 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 discussed previously with respect to LDR Section 3.2.2 (Standards for Rezoning Actions), multiple family development is permissible within the proposed RM-8 zoning district and would be compatible with the existing multiple family developments to the north and east. The single family subdivision to the west (Valencia Court) was recently rezoned from Agriculture (A) to RM- 8 in 1999 and could still be redeveloped in the future as a multiple family development. The single family subdivisions and remaining agriculturally zoned properties to the south are separated from the subject property by Old Germantown Road and the development requirements found in the City's Land Development Regulations are sufficient enough to mitigate any potentially adverse impacts to these areas. Planning and Zoning Board =ff Report Highland Grove Estates - R=.oning Page 5 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 neighborhoods that are designated "stable" on the Residential Neighborhood Categorization Map. The subject property is located within an area that is designated as such. Given the existing development pattern of the area, the most applicable zoning designation would be the requested RM-8. The following table identifies the neighboring residential developments and their respective densities: Development Type: Density ( du/ac ) : Oakmont Subdivision Single Family (SF) 2.35 Spanish Wells Condominiums Multiple Family (MF) 8.0 Rabbit Hollowe SF 1.23 Valencia Court SF 4.24 Verona Woods SF 2.35 Crosswinds Planned Residential Development Crosswinds Condominiums MF Crosswinds Subdivision SF Summit Delray Apartments MF SF and MF 9.95 (overall) 8.0 4.14 17.7 The proposed density of eight (8) units per acre is in keeping with the housing densities immediately adjacent of this parcel. 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 property. Therefore, there is no analysis with respect to the City's Land Development Regulations. The subject property is not in an area that raquiras review by the Community Redevelopment Agency (CRA), Downtown Development Authority (DDA) or Historic Preservation Board (HPB). Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowner's and civic associations: Q Andover Homeowner's Association Planning and Zoning Boar, ~aff Report Highland Grove Estates - i~=zoning Page 6 Crosswinds Homeowner's Association Foxe Chase Homeowner's Association Oakmont Homeowner's Association Presidents Council Progressive Residents of Delray (P.R.O.D.) Rabbit Hollow Homeowner's Association Verona Woods Homeowner's Association Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed rezoning from Agriculture (A) to Multiple Family Residential-Medium Density - 8 du/ac (RM-8) is consistent with the policies of the Comprehensive Plan and Chapter 3 of the LDR. Additionally, positive findings can also be made with respect to LDR Section 2.4.5(D) (5) and that the proposed density is appropriate based upon the FLUM designations of the surrounding properties as well as the prevailing development pattern of the surrounding area. A. Continue with direction; B. Recommend to the City Commission approval of the rezoning request from A to RM-8 for the subject property, based upon positive findings with respect to LDR Section 2.4.5(D) (5), LDR Section 3.1.1, LDR Section 3.2.2, LDR Section 4.4.6(I) (3) and the Goals, Objectives and Policies of the Comprehensive Plan; or C. Recommend to the City Commission denial of the rezoning request from A to RM-8 for the subject property, based upon a failure to make positive findings with respect to LDR Section 2.4.5(D) (5), LDR Section 3.1.1, LDR Section 3.2.2, LDR Section 4.4.6(I) (3) and the Goals, Objectives and Policies of the Comprehensive Plan. Recommend to the City Commission approval of the rezoning request from Agriculture (A) to Multiple Family Residential-Medium Density - 8 du/ac (RM-8), based upon positive findings with respect to LDR Section 2.4.5(D) (5), LDR Section 3.1.1, LDR Section 3.2.2, LDR Section 4.4.6(I) (3) [that the proposed density is appropriate based upon the FLUM designations of the surrounding properties and prevailing development patterns] and the Goals, Objectives and Policies of the Comprehensive Plan. Staff Repolf Prepared by: Robert G. Tefft, Senior Planner Affachments: Location Map and Proposed Zoning Map GREENSuJ CONDO 0 ~ To,~,O~ES R M -" LIN TON BOULEVARD ~ FI!! HIGHLAND GROVE ESTATES -- REZONING - FROM: A 'AGRICULTURAL) TO: RM - 8 'MEDIUM DENSITY RESIDENTIAL, 8 UNITS PER ACRE) 3411 & 3421 OLD GERMANTOWN ROAD SUPPLEMENTAL INFORMATION APPROXIMATE ACREAGE: 1.69 FLUM: MD (MEDIUM DENSD~Y RESIDENTIAL, 5-12 UNITS/ACRE EXISTING LAND USAGE: VACANT SINGLE FAMILY HOME & OCCUPIED MOBILE HOME S