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39-92 ORDINANCE NO. 39-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTI-FAMILY RESIDENTIAL) DISTRICT IN R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND IS LOCATED ON THE SOUTHWEST CORNER OF BROOKS LANE AND OCEAN BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING 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 R-1AA (Single Family Residential) District as defined in Chapter Four of the Land Development Regulations of Delray Beach, Florida, to-wit: Lots 1 thru 3, Inclusive, South Ocean Park, as recorded in Plat Book 61, Page 132 of the Public Records of Palm Beach County, Florida. The subject property is located on the southwest corner of Brooks Lane and Ocean Boulevard, Delray Beach, Florida. The above-described parcel contains 0.63 acres of land, more or less. Section 2. That the Planning Director of said City shall, upon the ~ffective 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.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 this the 8th day of September , 1992. ATTEST: - City Cl~rk ' First. Reading August 25, 1992 Second Reading September 8, 1992 HIBISCUS )IN SET'I'IA COVE YACHT BASIN " - ~ BROOKS LANE 'O ~,~ YACHT BASIN DRIVE ~: YACHT BASIN Z .~ RHOO£S-VlU O CJ YACHT BASIN -- DEL-H, LINTON BOULEVARD 1410 S. OCEAN BOULEVARD SUBDIVISION (BROOKS LANE) IAL MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # /~/~ - MEETING OF SEPTEMBER 8. 1992 ORDINANCE NO. 39-92 DATE: September 4, 1992 This is the second reading of an ordinance rezoning and placing land presently zoned RM (Multi-family Residential) district in R-1AA (Single Family Residential) district; said property being located on the southwest corner of Brooks Lane and Ocean Boulevard. During the preparation of Comprehensive Plan Amendment 91-2 staff discovered a discrepancy between the RM zoning and Low Density Land Use designation applied to this property. It was determined to be more appropriate to modify the zoning than to change the Plan designation. Three single family homes have been constructed on this site. The Planning and Zoning Board at their August 17th meeting recommended approval of the rezoning. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 39-92 on second and final reading. CITY COMMISSION DOCUMENTATION TO: /~D~ID T. HARDEN, CITY MANAGER DEPARTMENT OF PLANNING AND ZONING FROM: PAUL DORLING, PLANNER II ~ '~ SUBJECT: MEETING OF AUGUST 25, 1992 ORDINANCE REZONING .63 ACRES AT THE SOUTHWEST CORNER OF BROOKS LANE AND OCEAN BOULEVARD FROM RM (MULTIPLE FAMILY RESIDENTIAL) TO R-1AA (SINGLE FAMILY) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the rezoning ordinance affecting Lots 1-3 of the South Ocean Park Plat from RM (Multiple Family Residential) to R-1AA (Single Family). The property is .62 acres in size and is located at the southwest corner of Brooks Lane and Ocean Boulevard. BACKGROUND: On November 28, 1989 the City Commission adopted a Future Land Use Plan via Ordinance No. 82-89 which made City-wide changes relating to the adoption of the City's new Comprehensive Plan. The land use designation for the subject property was changed from MF-M (Multi-Family Medium Density, maximum 5 units per acre) to Low Density 0-5 units per acre. In 1990, three single family homes were constructed on the site. In preparing Plan Amendment 91-2, the discrepancy between the RM zoning and Low Density Land Use was identified. It was determined to be more appropriate to modify the zoning than to change the Plan designation. On July 28, 1992, the City Commission initiated this rezoning along with several others relating to inconsistencies between the two maps. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of August 17, 1992. No members of the public spoke during the public hearing. The Board recommended approval of the rezoning on a 5 to 0 vote (2 members absent). City Commission Documentation Ordinance Rezoning Southwest Corner of Brooks Land and Ocean Blvd. Page 2 RECOMMENDED ACTION: By motion, approve this ordinance on first reading to rezone Lots 1-3 of South Ocean Park Plat from RM (Multiple Family Residential) to R-1AA. Attachment: * P&Z Staff Report T:BROOKS2 PLANNING & ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT--- MEETING DATE: August 19, 1992 AGENDA ITEM: III. B. 2. ITEM: Rezoning from RM to R-1AA for the South Ocean Park Subdivision~ Located at the SW Corner of Brooks Lane & A-1-A GENERAL DATA: Owners ........................ William Seach; Edward and Hazel Caputo; and Antonio Lucivero and Earnest Yungling. Location ...................... Southwest corner of Brooks Lane and Ocean Boulevard Property Size ................. 0.63 acres City Land Use Plan ............ Residential - Low Density (0-5 d.u./acre) Existing Zoning ............... ~M (Multiple Family Residential - Medium Density) Proposed Zoning ............... R-1AA (Single-Family Residential) Adjacent Zoning ........ North: kM East: RM South: R-1AA West: R-1AA Existing Land Use ............. Three Single Family Residences. Proposed Land Use ............. Three Single Family Residences. Water Service ................. Existing 8" water main along Ocean Boulevard and an existing 4" water main in Brooks Lane. Sewer Service ................. Existing 8" sanitary sewer line in Brooks Lane and an existing 12" III.B.2. sanitary sewer line in Ocean ITEM BEFORE THE BOARD= The action before the Board is that of making a recommendation on a rezoning from RM (Residential Medium) to R-1AA (Single Family Residential). The subject property is Lots 1, 2 and 3 of South Ocean Park Plat located on the southwest corner of Brooks Lane and A-1-A. BACKGROUND: Prior to 1988 this property was in the County and contained a single family home. In 1986, the Planning and Zoning Board held public hearings in which City Land Use designations were assigned to County parcels within the City Planning area. On July 21, 1986 the Planning and Zoning Board recommended a Land Use designation of Multi-family (6 units per acre) for this parcel. On August 12, 1986 the City Commission approved a Land Use designation of Multi-family Moderate Density (MF-M) and assigned a cap of five units per acre to this parcel. The recommendation was sent to DCA (Department of Community Affairs) for review. After review by the State, the City Commission passed Ordinance No. 128-86 on first and second readings on December 2, 1986 and December 16, 1986 respectively. In March, 1988 a voluntary annexation and initial zoning to RM (Residential Medium) was requested by the property owner. The Planning and Zoning Board recommended approval on April 18, 1988. The City Commission approved the annexation and initial zoning on first and second readings on April 26, 1988 and May 24, 1988. In May, 1988 the applicant submitted a preliminary plat request to establish a duplex and a triplex on the site. The applicant was informed that a plat was premature as the triplex (multi-family development) would require a site plan approval. In June, 1988 the applicant submitted a preliminary plat request for two single family homes and a duplex. At its meeting of September 19, 1988 the Planning and Zoning Board approved the preliminary plat and certified the submission as an adequate final plat. At the City Commission meeting of October 11, 1988 objections to the proposed duplex were raised by the Beach Property Owners Association, and the City Commission denied the plat. On November 8, 1988 the City Commission directed staff that upon preparation of a plat showing three single family homes the plat would be reconsidered by the City Commission. The City Commission reconsidered the final plat for three single family homes on November 22, 1988 and approved the South Ocean Park Plat. P&Z Staff Report Lots 1, 2 & 3 of South Ocean Park Plat - Rezoning Page 2 On November 28, 1989 the City Commission adopted a Future Land Use Plan via Ordinance No. 82-89 which made City wide changes relating to the adoption of the City's new Comprehensive Plan. This property was changed from MF-M (Multi-family Medium Density, maximum 5 units per acre) to Low Density 0-5 units per acre. In 1990, three single family homes were constructed on the site. In preparing Plan Amendment 91-2, the discrepancy between the RM zoning and Low Density Land Use was identified. It was determined to be more appropriate to modify the zoning than to change the Plan designation. On July 28, 1992 the City Commission initiated this rezoning along with several others relating to inconsistencies between the two maps. PROJECT DESCRIPTION= The rezoning involves approximately .664 acres (28,921 sq.ft.) which is Lots 1, 2 and 3 of South Ocean Park Plat. The parcel is approximately 151' by 209' and located at the southwest corner of Brooks Lane and A-1-A. The rezoning request is a "house keeping" measure to alleviate inconsistencies between the Land Use Map and the Zoning map. Further, the zoning change will apply a zoning designation which is consistent with the existing use on the property. ZONING ANALYSIS= REQUIRED FINDINGS= (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map~ The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The Future Land Use Map designation for the property is "Low Density" Residential (0-5 Units per acre). The allowable zoning designations which are consistent with the "Low Density" Land Use designation are: - CF Community Facility - R-1 Single Family Residential (proposed zoning) - RL Residential Low Density - PRD Planned Residential Development P&Z Staff Report Lots 1, 2 & 3 of South Ocean Park Plat - Rezoning Page 3 The site is currently zoned RM (Residential Medium) which is inconsistent with the current Land Use designation of "Low Density" Residential. The proposed zoning designation of R-l-AA will be consistent with the Future Land Use Map designation. The zoning of R-1AA allows the existing three single family homes as permitted uses. Concurrency= 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. The changing of the zoning designation from RM to R-1AA to reflect the existing use will not have any effect on concurrency. The revision will assure that if future redevelopment were to occur it would be less intense than that which is currently allowed. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. 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 rezoning to other than CF within stable residential areas shall be denied. (Housing Element A-2.4) This rezoning petition is in a neighborhood which is designated as a stable residential area. As the rezoning is to a less intensive residential designation, reflects the properties' use, and is similar to the uses to the south and west, a positive finding can be made. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject property is currently zoned RM (Residential Multi-family). To the north and east the properties are zoned RM (Residential Multi-family), to the west and south is zoned R-1AA (Single Family Residential). The surrounding land uses are single family homes to the west and south and multi-family units to the east and north. P&Z Staff Report Lots 1, 2 & 3 of South Ocean Park Plat - Rezonlng Page 4 A rezoning to a lower intensity residential district was identified during platting as a process which should be undertaken to assure the site would be limited to single family homes. Duplex and multi-family development on this parcel was found to be incompatible with adjacent single family developments to the west and south. LDR COMPLIANCE: Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicable reasons are b and c pursuant to the following: The change in circumstances that make the current RM (Multi-family Residential) zoning inappropriate is the development of three single family homes on the property. The proposed rezoning to R-1AA will reflect the existing use of the property. The requested R-1AA zoning is of similar intensity as the underlying Residential Low Density (0-5 units to an acre) Future Land Use Map designation and is more appropriate for this property based on the existing use of three single family homes. Section 4.3.4 (R-1AA Development Standards Matrix) Single family homes built on RM (Residential Medium Density) zoned property are required to comply with R-iA standards. Subsequently, the existing lot dimensions and building setbacks do not meet some of the standards of the proposed R-1AA zone district. The following deficiencies are noted; * Lot I does not meet the minimum lot size of 9,500 sq.ft. (9,200 is provided). P&Z Staff Report Lots 1, 2 & 3 of South Ocean Park Plat - Rezoning Page 5 * Lot 2 frontage width does not meet minimum of 95' (80' is provided). * Lot 3 frontage width does not meet minimum of 75' (70' iS provided) * The front setbacks are 25' on all three lots while 30' is required under R-1AA * The required side setback is 10' on lot 3 while 8' is provided. As these lots were subdivided under the applicable regulations they are considered lots of record. Redevelopment could occur on these lots but all new structures must meet the R-1AA setback requirements. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives are noted. Housing Element~ Policy A-1.4 For those areas identified as "Stable" on the Residential Neighborhood Categorization Map the following policy applies: That these neighborhoods be identified as "stable residential" on the Housing Map, that the most restrictive residential zoning district which ~s applicable is affixed on the zoning map, and that requests for rezoning to a different zone designation, other than Community Facilities be denied. Given the existing use the most restrictive zoning designation which is applicable for this property would be R-1AA (Single Family). Coastal Zone Elements Policy C-3.2 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 rezoning will result in a reduction in potential intensity under redevelopment and would further the above Coastal Element Policy. REVIEW BY OTHERS: The rezoning is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). P&Z Staff Report Lots 1, 2 & 3 of South Ocean Park Plat - Rezoning Page 6 Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. A courtesy notice has been sent to Sandy Almy of the Beach Property Owners Association who has requested notification of petitions in that area. ASSESSMENT AND CONCLUSION: The rezoning action was initiated by the City Commission to bring the zoning map designation for this property into conformity with the existing Future Land Use Designation and to reflect the existing land use (Single Family homes). The need to initiate this rezoning process was discussed when the plat for the single family development was approved and later when Plan Amendment 92-1 was considered. ALTERNATIVE ACTIONS: A. Continue with direction. B. Recommend denial of the rezoning with reasons stated and recommend initiation of a Future Land Use Amendment (Low Density to Medium Density Residential 5-12 units per acre) to bring the Zoning and Future Land Use Maps into conformity. C. Recommend approval of the rezoning request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(E)(5). STAFF RECOMMENDATION: Recommend approval of the rezoning request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(E)(5). PD/BROOKS.DOC MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~-~ - MEETING OF AUGUST 55. 1992 ORDINANCE NO 39-92 DATE: August 21, 1992 This is a first reading of an ordinance rezoning and placing land presently zoned RM (Multi-family Residential) district in R-1AA (Single Family Residential) district; said property being located on the southwest corner of Brooks Lane and Ocean Boulevard. During the preparation of Comprehensive Plan Amendment 91-2 staff discovered a discrepancy between the RM zoning and Low Density Land Use designation applied to this property. It was determined to be more appropriate to modify the zoning than to change the Plan designation. Three single family homes have been constructed on this site. The Planning and Zoning Board at their August 17th meeting recommended approval of the rezoning. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 39-92 on first reading. TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~'~' - MEETING OF JULX 28. 1992 INITIATION OF CORRECTIVE REZONINGS- DATE: July 24, 1992 During the recent review of Future Land Use Map Amendments staff discovered four parcel~ on which corrective zoning action is required. This item is therefore, before you for authorization to initiate the necessary rezoning actions. Parcel #1, the Master Booster Pump Station, is located at the southwest corner of N.E. 4th Avenue and N.E. 3rd Street. This site is currently zoned CBD (Central Business District); with an existing use as an off-site parking lot. The proposed use of booster station is not permitted under the CBD zoning regulations, therefore, a change in zoning to CF (Community Facilities) is recommended. Additionally, it should be noted that at this time the property is not under City ownership. Second reading of the ordinance will be deferred until the property is under the City's ownership. Parcel #2, the right-of-way/access road and Rinker Frontage, is located on the north and south sides of Atlantic Avenue, west of the 1-95 Interchange and S.C.L. Railroad. This site is currently zoned GC (General Commercial) zone district which is inconsistent with the land use designation of Commerce. Therefore, a change in zoning to MIC (Mixed Industrial Commercial) is recommended. Parcel 93, Single Family Home, is located at the southwest corner of Brooks Lane and A-1-A. This site is currently RM (Medium Density Residential) which is inconsistent with the land use designation of Low Density Residential. Therefore, a change in zoning to R-1AA (Single Family Residential) is recommended. Parcel %4, Vacant Parcel, is located on Florida Boulevard, immediately east of and adjacent to the Delray Plaza Shopping Center. This site is currently zoned PC (Planned Commercial) zone district which is inconsistent with the land use designation of Transitional. Therefore, a change in zoning to RM (Medium Density Residential) is recommended. A detailed staff report is attached as backup material for this item. Recommend authorization to initiate corrective rezonings for the above parcels. CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU. ~D J. KOVACS, DIRECTOR ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of initiatinq a chanqe of zone on four parcels in various locations throughout the City. Three of the rezonings are necessary to provide consistency between the Future Land Use Plan and the zoning designations. The fourth action relates to the property which is the future location of the Booster Master Pump Station in the Central Business District. The four properties are discussed in greater detail below, and are illustrated in the attached location maps. Item #l--Booster Master Pump Station This property is located at the southwest corner of N.E. 4th Avenue and N.E. 3rd Street and contains approximately .26 acres. It is currently zoned CBD (Central Business District) and has a land use designation of Commercial Core. The existing use is as an off-site parking lot for the business located on the opposite side of N.E. 4th Avenue. The proposed use is as a booster station to replace the existing master lift station at Veteran's Park. The proposed use is not permitted under the CBD zoning regulations, therefore, a change of zone to CF (Community Facilities) is required. A site plan for the booster station has been accepted for processing, but will not be formally approved until the CF zoning is in effect. The City is currently in the process of acquiring the property. While it is appropriate at this time to initiate the rezoning action, the second reading of the ordinance should be timed so that the rezoning does not take effect until the property is under the City's ownership. City Commission Documentation Initiation of Rezoning Page 2 Item #2--Rlqht-of-Way/Access Road and Rinker Frontaqe~ North and South Sides of Atlantic Avenue~ West of 1-95 and the S.C.L. Railroad The subject properties consist of right-of-way and an access road leading into an industrial park, and an area fronting on the south side of Atlantic Avenue on the Rinker concrete site. The parcels are zoned GC (General Commercial) and have a land use designation of Commerce. The GC district is not an allowed zoning under the Commerce land use designation, nor is it consistent with the existing uses on the subject properties. The GC zoning appears to have been placed on these properties in error. The surrounding properties are zoned MIC (Mixed Industrial and Commercial), which is consistent with the Commerce land use. A zoning designation of MIC is also appropriate for the subject properties. Item #3--Single Family Homes~ Brooks Lane and A-1-A This item evolved from consideration of Plan Amendment 92-1. The subject property consists of Lot 40 of the Delray Beach Shores plat and is located at the southwest corner of Brooks Lane and A-1-A. It is currently zoned RM (Medium Density Residential) and has a land use designation of Low Density Residential. The property has been developed as three single family homes. The RM zoning is not consistent with the Low Density land use classification. A zoning designation of R-1AA (Single Family Residential) is appropriate for this property. Item #4--Vacant Parcel East of Delray Plaza The subject parcel consists of Lots 34 through 43 of Block 36 of the Del Raton Park Plat. It is located on Florida Boulevard, immediately east of and adjacent to the Delray Plaza shopping center. The property is zoned PC (Planned Commercial) and has a land use designation of Transitional. PC zoning is not permitted under a Transitional land use designation. The property is currently vacant. In 1988, the City Commission denied a request for a Conditional Use to develop this property as storage in conjunction with the Delray Plaza. The surrounding uses consist primarily of commercial developments to the south and west (fronting on Federal. Highway) and multi-family residential to the north and east (fronting on Florida Blvd.). As this parcel fronts on Florida Blvd., and could not easily be developed in conjunction with the Delray Plaza, it would be appropriate to change the zo~l~lg to RM (Medium Density Residential), which is consistent with a Transitional land use designation. City Commission Documentation Initiation of Rezoning Page 3 RECOMMENDED ACTION: By motion, initiate the following rezoning actions as applied to Items 1 through 4 as described above and as depicted on the attached location maps: Item #1: A change of zone from CBD (Central Business District) to CF (Community Facilities) Item #2: A change of zone from GC (General Commercial) to MIC (Mixed Industrial and Commercial) Item #3: A change of zone from RM (Medium Density Residential) to R-1AA (Single Family Residential) Item #4: A change of zone from PC (Planned Commercial) to RM (Medium Density Residential) Attachments: * Location maps, Items 1-4 HIBISC~J$ YACHT BASIN BROOKS LANE YACHT BASIN YACHT BASIN LINTON BOULEVARD ITEM ~ ,'.'3