Ord 10-04ORDINANCE NO. 10-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, KEZONING AND
PLACING LAND PRESENTLY ZONED POC (PLANNED
OFFICE CENTER) DISTRICT TO RM-9 (MEDIUM
DENSITY RESIDENTIAL-9 DW~,IJ.ING UNITS PER
ACRE) DISTRICT; SAID LAND BEING A PARCEL OF
LAND LOCATED ON THE SOUTH SIDE OF WEST
ATLANTIC AVENUE, APPROXIMATELY 140 FEET EAST
OF WHATLEY ROAD, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTWE 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 POC (Planned Office Center)
District; and
WHEREAS, at its meeting of October 20, 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
4 to 0, to recommend that the property hereinafter described be rezoned to RM-8 (Medium
Density Residential -8 dwelling units per acre), 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 DF.I.RAY 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-9 (Medium Density Residential - 9
dwelling units per acre) District for the following described property:
Lot 1 and Lot 2, Carlson/Black Plat, recorded in Plat Book 93, Pages 58 and 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are hereby repealed.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 iurisdiction 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~AI',JD ADOPTED in regr~lar session on second and final reading on this the
/'/ day of~,~,~l~ 200..~_.
ATTEST
City Clerk
First Readin~~O~
Second ReaJ~-
2 OR.D NO. 10-04
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~P~
AGENDA ITEM # I O/~
ORDINANCE
PALMS)
- REGULAR I~.~TING FEBRUARY 17, 2004
NO. 10-04 (PRIVATELY INITIATED REZONING/ATLANTIC
DATE:
FEBRUARY 13, 2004
Tiffs ordinance is before Commission for second reading and a quasijudidal heating for rezoning from POC
(Planned Office Center) to RM-9 (Medium Density Residential-9 dwelling units per acre) for a 5.04 acre parcel of
land for Adantic Palms located on the south side of West Atlantic Avenue approXimately 140 feet east of
Whadey Road.
The subject property consists of Lots 1 and 2 of the Carlson/Black plat. The property is currently vacant. At its
meeting of July 14, 1999, the Site Plan Review and Appearance Board approved a site plan for the subject
property that included 76,314 square feet of medical and professional offices. The offices were never
constructed. At its meeting of January 7, 2004, the Site Plan Review and Appearance Board approved the third
of three site plan extensions, which extended the expiration date to July 14, 2004. On September 5, 2003, the
applicant submitted an application to rezone the subject property to RM-11 (11 units per acre) in order to
develop a multiple family residential project.
The City Commission considered the first reading of the ordinance to rezone the subject property to RM-11 at
its meeting of January 6, 2004. The applicant requested that the application be withdrawn without prejudice and
the City Commission approved the waiver to LDR Section 2.4.5(D)(6), which prohibits the City Commission
from considering another rezonmg application for six (6) months. The applicant has modified his rezonmg
request to reflect RNi-9 (9 dwelling units per acre).
The Planning and Zoning Board held a public hearing in conjunction with the RM-11 rezoning request. There
was one person from the public that spoke in support of the rezoning and two that expressed concerns. After
reviewing the staff report and discussing the proposal, the Board concluded that the proposed density request of
11 units per acre was too intense given the future land use map designations and prevailing development pattern
of the surrounding area. The Board voted 4-0 to recommend approval of a reduced density of RM-8, based
upon positive findings with respect to Land Development Regulations Section 3.1.1 (Required Findings), Section
2.4.50D)(5) (Rezoning Findings), and the goals, objectives, and policies of the Comprehensive Plan.
The new request to rezone the property to RM-9 has not been considered by the planning and Zoning Board.
While the Board's and staff's recommendations were to allow a maximum density of 8 units per acre, the request
for a maximum of 9 dwelling units per acre seems to be a reasonable compromise based on the surrounding
development pattern and densities.
At the first reading on February 3, 2004, the City Commission passed Ordinance No. 10-04.
Recommend approval of Ordinance No. 10-04 on second and final reading.
S:\City Clerk\agenda memos\Ord. 10.04 02.17.04 Rezoning Atlantic Palms
TO:
THRU:
FROM:
SUBJECT:
MANAGER
PAUL DORLING, DIRE_C~;~ OF PLANNING AND ZONING
SCOTT PAPE, SENIOR PLANNER~ .TL~_~,~
MEETING OF FEBRUARY 3, 2004
CONSIDERATION OF A PRIVATELY SPONSORED REZONING FROM POC
{PLANNED OFFICE CENTER) TO RM-9 {MEDIUM DENSITY RESIDENTIAl
WITH A DENSITY SUFFIX OF 9 DWELLING UNITS PER ACRE) FOR A 5.04
ACRE PARCEL LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC
AVENUE~ APPROXIMATELY 140' EAST OF WHATLEY ROAD.
The subject property consists of Lots 1 and 2 of the Carlson/Black plat and contains 5.04
acres. The property is currently vacant.
At its meeting of July 14, 1999, the Site Plan Review and Appearance Board approved a site
plan for the subject property that included 76,314 square feet of medical and professional
offices. The offices were never constructed. At its meeting of January 7, 2004, the Site Plan
Review and Appearance Board approved the third of three site plan extensions, which
extended the expiration date to July 14, 2005. On September 5, 2003, the applicant
submitted an application to rezone the subject property to RM-11 (11 units per acre) in order
to develop a multiple family residential project.
The City Commission considered the first reading of the ordinance to rezone the subject
property to RM-11 at its meeting of January 6, 2004. The applicant requested that the
application be withdrawn without prejudice and the City Commission approved a waiver to
LDR Section 2.4.5(D)(6), which prohibits the City Commission from considering another
rezoning application for 6 months. The applicant has modified his rezoning request to reflect
RM-9 (9 dwelling units per acre). Additional background and analysis of this request is found
in the attached Planning and Zoning Board Staff Report.
A request to rezone the property to RM-9 is now before the City Commission for
consideration.
At its meeting of October 20, 2003, the Planning and Zoning Board held a public hearing in
conjunction with the RM-11 rezoning request. There was one person from the public that
spoke in support of the rezoning and two that expressed concerns. After reviewing the staff
report and discussing the proposal the Board concluded that the proposed density request of
11 units per acre was too intense given the future land use map designations and prevailing
development pattern of the surrounding area. The Board unanimously voted 4-0 (Jill
Woehikens, Diane Borchardt and Joseph Pike absent) to recommend approval of a reduced
City Commission Documentation
Meeting of February 3, 2004
Rezoning for Atlantic Palms
Page 2
density of RM-8, based on positive findings with respect to LDR Section 3.1.1 (Required
Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and
Policies of the Comprehensive Plan.
The new request to rezone the property to RM-9 has not been considered by the Planning
and Zoning Board. While the Board's and staffs recommendations were to allow a maximum
density of 8 units per acre, the request for a maximum of 9 dwelling units per acre seems to
be a reasonable compromise based on the surrounding development pattern and densities.
By motion, approve on first reading the ordinance to rezone the subject property from POC
(Planned Office Center) to RM-9 (Medium Density Residential with a density suffix of 9
dwelling units per acre) based on positive findings with respect to LDR Section 3.1.1
(Consistency), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5)
(Rezoning Findings), and Goals, Objectives, and Policies of the Comprehensive Plan.
Attachments: P & Z Staff Report of October 20, 2003 & Proposed Ordinance
ORDINANCE NO. 10-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT
TO RM-9 (MEDIUM DENSITY RESIDENTIAL-9 DWELLING UNITS
PER ACRE) DISTRICT; SAID LAND BEING A PARCEL OF LAND
LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE,
APPROXIMATELY 140 FEET EAST OF WHATLEY ROAD, 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 POC (Planned Office Center)
District; and
WHEREAS, at its meeting of October 20, 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 4 to
0, to recommend that the property hereinafter described be rezoned to RM-8 (Medium Density
Residential -8 dwelling units per acre), 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-9 (Medium Density Residential - 9
dwelling units per acre) District for the following described property:
Lot 1 and Lot 2, Carlson/Black Plat, recorded in Plat Book 93, Pages 58 and 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__.
ATTEST M A Y O R
City Clerk
First Reading_
Second Reading
2 ORD NO. 10-04
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
MEETING DATE:
AGENDA ITEM:
ITEM:
---STAFF REPC RT---
October 20, 2003
IV. B.
Rezoning From POC (Planned Office Center) To RM-11 (Multiple Family
Residential-Medium Density With a Density Suffix of 11 Units Per Acre) For a 5.04
Acre Parcel of Land to be Known as Atlantic Palms (Quasi-Judicial Hearing).
GENERAL DATA:
Owner/Applicant ......................... B.C. Properties &
Investments, L.L.C.
Agent .......................................... Weiner & Aronson, P.A.
Location ...................................... Located on the south side of
West Atlantic Avenue,
approximately 130 feet east
of Whatley Road.
Property Size .............................. 5.04 Acres
Future Land Use Map ................TRN (Transitional)
Current Zoning ............................ POC (Planned Office
Center)
Proposed Zoning ........................ RM-11 (Multiple Family
Residential - Medium
Density, 11 units / acre.)
Adjacent Zoning ................ North: POC (Planned Office
Center)
East: POC (Planned Office
Center) & A (Agriculture)
South: PRD (Planned Residential)
West: GC (General Commercial) &
Unincorporated Palm Beach
County Enclave (Country
Club Acres Subdivision).
Existing Land Use ...................... Vacant
Proposed Land Use .................... Rezoning from POC (Planned
Office Center) to RM-11
(Multiple Family Residential-
Medium Density, 11 units /
acre) for a 5.04 acre parcel of
land.
Water Service ............................. Existing on site.
Sewer Service ............................. Existing on site.
W. A TL A N TI C AVE.
IV. B.
The item before the Board is that of making a recommendation to the City
Commission on a privately sponsored rezoning from POC (Planned Office
Center) to RM-11 (Multiple Family Residential - Medium Density with a density
suffix of 11 units per acre) for Atlantic Palms, 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 Lots 1 and 2 of the Carlson/Black plat and
contains 5.04 acres. The property is located on the south side of West Atlantic
Avenue, approximately 140' east of Whatley Road.
On December 12, 1989, the subject property was annexed into the City and
assigned the POC (Planned Office Center) zoning designation.
At its meeting of July 14, 1999, the Site Plan Review and Appearance Board
approved a site plan for the subject property that consisted of 76,314 square feet
of medical and professional office. The offices were never constructed and the
site plan extension is set to expire on January 14, 2004.
The applicant has submitted a zoning district map change, which is now before
the Board for action.
The proposal is to change the zoning designation of the property from POC
(Planned Office Center) to RM-11 (Multiple Family Residential - Medium Density
with a density suffix of 11 units per acre). The appl~ant has indicated that
proposed rezoning is requested in anticipation of future development of the
property as a multiple family residential project.
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
P & Z Board Staff Report
Rezoning from POC to RM-11 for Atlantic Palms
Page 2
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 TRN (Transitional) Future Land Use Map designation
and is currently zoned POC (Planned Office Center). The proposed RM-11
(Multiple Family Residential - Medium Density) designation is consistent with the
TRN Future Land Use Map designation. 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 density to eight
units per acre). The provision of the suffix of 11 does not imply that 11 units per
acre will be approved on this site. Any approval over 6 units per acre will require
compliance with Performance Standards. The 11 unit per acre suffix will,
however, represent the upper density cap. Based upon the above, a positive
finding can be made with respect to consistency with the 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-I of the adopted Comprehensive Plan of the
City of Delray Beach.
Water & Sewer:
Water service is available via service lateral connection to the existing 8"
water main along West Atlantic Avenue. Adequacy of fire suppression will
be evaluated during the site plan review process.
Sewer service is available via service lateral connection to the existing 8"
main along West Atlantic Avenue.
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.
P & Z Board Staff Report
Rezoning from POC to RM-11 for Atlantic Palms
Page 3
Draina.qe:
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 submitted atdp generation comparison based on the approved
medical/professional offices and 54 townhomes. This analysis indicates that the
proposed rezoning and development of townhomes at 11 dwelling units per acre
will result in a reduction of 96 am peak hour trips and 98 pm peak hour trips and
a reduction of 855 average daily trips.
Parks and Recreation:
The applicant will be responsible for the City's Parks and Recreation
requirements during the site plan review process. Based on the 11 units per
acre, the subject property has a development potential of 55 dwelling units (5.01
acres x 11 du/ac = 55 units) under the proposed RM-11 zoning designation.
Consequently, the applicant would be required to pay a recreational impact fee of
$27,500 (55 x $500 = $27,500) for City parks and recreation if the property were
developed to its maximum potential.
Solid Waste:
The development of the property under the RM-11 zone district should not create
an adverse impact on this level of service standard. The approved master plan
for the subject property containing 76,314 square feet of office area would have
generated 206 tons of waste per year. The 55 unit multiple family development
would generate 28.6 tons per year, a net reduction of 177.4 tons per year.
School Concurrency:
The consideration for school concurrency needs to be addressed during the
rezoning application. The applicant has not submitted the required forms for
consideration by the Palm Beach County School Board. Therefore, a condition
of approval is attached that the applicant provide a positive finding from the
School Board prior to approval by the City Commission.
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.
P & Z Board Staff Report
Rezoning from POC to RM-11 for Atlantic Palms
Page 4
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 Obiective 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.
The intensity of a residential development would generally be less than a
commercial development under the current zoning requirements.
Housin.q 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 pattems. The following table identifies the neighboring residential
developments and their respective densities:
Development Type Density
County Club Acres Single Family 3.5 du/ac
Highland Trailer Park Mobile Home 10.5 du/ac
Sunset Pines Condominium ~ 8.53 du/ac
Legacy at Sherwood Forest Multiple Family 7.93 du/ac
Sherwood Forest Single Family ..4.45 du/ac
The table indicates that the surrounding single family development are less than
4.5 dwelling units per acre. The two multiple family developments have a density
less than 8.53 dwelling units per acre. Based on this development pattern, the
11 multiple family dwelling units per acre zoning proposed by the applicant is in
appropriate. The Legacy at Sherwood Forest development is the most recently
approved multiple family project which has a density of less than 8 dwelling units
per acre. 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 as
it would be more consistent with the development pattem in the area.
Future Land Use Element Policy A-1.5 - As the City has an ample supply of
housing designed to accommodate its seasonal and retirement population,
P & Z Board Staff Report
Rezoning from POC to RM-11 for Atlantic Palms
Page 5
new residential developments shall be designed for a balanced
demographic mix of permanent year-round residents. This shall be
accomplished through the implementation of policies from Objective B-2 of
the housing element.
Housing Element Policy B-2.2 - The development of new adult oriented
communities within the City is discouraged. New housing developments
shall be designed to accommodate households having a range of ages,
especially families with children, and shall be required to provide 3 and 4
bedroom units and activity areas for children ranging from toddlers to
teens. This requirement may be waived or modified for residential
developments located in the downtown area, and for infill projects having
fewer than 25 units.
The implementation of these two policies will be addressed dudng the site plan
review process.
Section 3.2.2 (Standards for Rezonin.q Actions): Standards B, C and E 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
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.
The subject property is proposed to be rezoned from POC to RM-11. The
surrounding area is designated as stable or stabilization neighborhoods.
Therefore, based on the analysis previously mentioned under Housing
Element Policy A-3.2, the RM-8 classification is more appropriate given
the existing residential pattern.
(D)
That the rezoning shall result in allowing ~*and 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 rezoning of the subject property to RM-8 would result in a designation
that is compatible with the existing residential developments in the area.
However, the rezoning of the property with a greater density as requested
by the applicant would result in an incompatibility with the existing
residential development pattern of the area.
P & Z Board Staff Report
Rezoning from POC to RM-11 for Atlantic Palms
Page 6
The following zoning designations and uses border the property:
Direction Zoninq Uses
North
South
East
West
POC Vacant
PRD Sherwood Forrest
PC & Ag. Bank and Nursery
GC & Palm Beach County Retail & Single Family
As noted previously, the proposed RM-11 would result in a development
potential that is more intense than the neighboring single family and
multiple family developments. The rezoning of the property to RM-8 would
be the maximum density cap to retain consistency with the development
pattern. This would also provide an appropriate transition of density
between commercial uses and the adjacent single family neighborhoods.
Section 2.4.5(D)(5) (Rezonin_(i Findin(Is):
Pursuant to Section 2.4.5(D)(5) (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;
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 for-the proposed rezoning.
The full narrative is provided as Exhibit "A." The following are excerpts from that
narrative:
"Pursuant to Section 2.4.5(D)(2), the valid reasons for approving the
rezoning are that there has been a change in circumstance which makes
the current zoning inappropriate and that the requested zoning is of similar
intensity as allowed under the Future Land Use Map which is more
appropriate for the property based upon circumstances particular to the
site and/or neighborhood.
The area has seen a shift to residential zoning as evidenced by the
Legacy at She/wood Forest to the east of the property and the rezoning to
P & Z Board Staff Report
Rezoning from POC to RM-11 for Atlantic Palms
Page 7
the west for Coconut Key to a zoning designation of RM-8. The property
is bordered to the west by Country Club Acres which is a future
annexation area consisting of single family homes.
...The RM designation is more appropdate than the POC designation in
this area. This is evidenced by the fact that although our client obtained
site plan approval for an office building, our client was unable to market
the office use to the commercial community. The change in
circumstances of the neighborhood makes the current zoning
inapproprfate.
The rezoning to RM-11 is also supported by the following Policies and
Objectives of the Comprehensive Plan of the City of De/ray Beach:
Future Land Use Element:
Policy A-2.3: Development of remaining vacant properties shall
occur in a manner, which is consistent with and complementary to
adjacent development regardless of zoning designations.
The property is surrounded by similar residential density subdivisions and
thus would be consistent with and complimentary to adjacent
developments.
Objective A~I : Vacant property shall be developed 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.
The development of the property will be complementary to adjacent land
uses as discussed in the above policy. The product type will be affordable
and fulfills a remaining land use need.'
Comment: The basis for which the rezoning is being sought most closely relates
to Items "b' and "c". There has been a change in circumstances which makes
the current zoning inappropriate. It appears that the demand for new office
space in Delray Beach has diminished, while the demand for residential has
increased. While the stock of land zoned for office use will be reduced, there
should be sufficient opportunities available elsewhere in the City particularly in-fill
developments within existing commercial areas such as Congress Park. As
noted previously RM-11 zoning designation proposed by the applicant would be
more intense than the surrounding residential neighborhoods. Therefore, staff is
recommending approval of the zoning change to RM-8. This would assure that
future developers of the property are aware that development of between 6 and 8
units per acre would be the density considered consistent with the prevailing
P & Z Board Staff Report
Rezoning from POC to RM-11 for Atlantic Palms
Page 8
residential development pattern and would be more appropriate given applicable
Comprehensive Plan Policies.
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.
This is an application for rezoning and therefore a development proposal is not
being considered at this time. 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 Authority)
and HPB (Historic Preservation Board).
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
PROD
Sherwood Forest HOA
Hamlet HOA
Sunset Pines
Hanover Square
Windy Creek
Highland Park
Greensward Village
r~ High Point 5
r~ High Point 6
[~ High Point 7
[] Beach Properties Assoc.
r~ Via Marina HOA
r~ Manor House
r~ President's Council
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of
the subject property. Letters of support and objection, if any, will be presented at
the Planning and Zoning Board meeting.
The rezoning from POC (Planned Office Center) to RM-11 (Multiple Family
Residential - Medium Density with a density suffix of 11 dwelling units per acre)
is not consistent with the Comprehensive Plan policy, Housing Element Policy A-
3.2 nor LDR Section 3.2.2 (A) & (D) and LDR Section 2.4.5(D)(5). Therefore,
positive findings cannot be made with respect to LDR Section 2.4.5(D)(5)
(Rezoning Findings), LDR Section 3.2.2 (A) & (D), nor the Comprehensive Plan
P & Z Board Staff Report
Rezoning from POC to RM-11 for Atlantic Palms
Page 9
policies as proposed. The rezoning of the property to multiple family residential
is not inherently at odds with the development pattern of the neighborhood. Such
a rezoning would provide a transition between more intense uses such as
adjacent commercial and West Atlantic Avenue and the single family
neighborhoods to the south and west. However, the development pattern of this
area (approximately 8 du/ac or less) does not provide the required justification for
allowing the proposed 11 dwelling units per acre.
Continue with direction.
Recommend approval of the rezoning request from POC to RM-8 for
Atlantic Palms, based upon positive findings with respect to Chapter 3
(Performance 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 POC to RM-11 for
Atlantic Palms, based upon positive findings with respect to Chapter 3
(Performance 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 POC to RM-11 for
Atlantic Palms, based upon a failure to make positive findings with
respect to LDR Section 2.4.5(D)(5), that the rezoning does not fulfill one of
the reasons for which a rezoning should be sought.
By motion:
Recommend to the City Commission approval of the rezoning from POC to RM-8
for Atlantic Palms, based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and LDR Section 2.4.5(D)(5), subject to submittal of a
positive finding of concurrency from the Palm Beach County School Board prior
to approval by the City Commission.
Attachments:
Exhibit "A" - Project Narrative
Location/Zoning Map
Boundary Survey
Prepared by: Scott Pape, Senior Planner
EXHIBIT A
Pursuant to Section 2.4.5(D)(2), the valid reasons for approving the rezoning are that there
has been a change in circumstance which makes the current zoning inappropriate and that
the requested zoning is of similar intensity as allowed under the Future Land Use Map which
is more appropriate for the property based upon circumstances particular to the site and/or
neighborhood.
The area has seen a shift to residential zoning as evidenced by the Legacy at Sherwood
Forest to the east of the property and the rezoning to the west for Coconut Key to a zoning
designation of RM-8. The property is bordered to the west by Country Club Acres which is a
future annexation area consisting of single family homes.
The requested zoning of RM-11 does not require a Future Land Use Amendment as RM is
a corresponding zoning designation with the transitional land use designation as provided in
Table L-7 of the City of Delray Beach Land Development Regulations. The RM designation
is more appropriate than the POC designation in this area. This is evidenced by the fact that
although our client obtained site plan approval foran office building, our client was unable to
market the office use to the commercial community. The change in circumstances of the
neighborhood makes the current zoning inappropriate.
Pursuant to LDR Section 4.4.6 (A), the RM District provides a residential zoning district with
flexible densities having a base of six (6) units per acre and a maximum of twelve (12) units
per acre. We are requesting a rezoning to RM-11. The actual density of a particular RM
development is based upon its ability to achieve certain performance standards which are
intended to mitigate the impacts of the increased density and ensure that the project is
compatible with surrounding land uses. In support ofthis request, we are submitting copies
of the site plan and other items which are customarily provided along with the site plan
application to show you the superior product that our client intends to develop on this property.
The project meets and exceeds the Performance Standards dictated by LDR Section 4.4.6(I).
The development substantially complies with the performance standards listed in this section
and mitigates the impacts of the additional density both internal and external to the site. The
performance standards and a discussion of how they are met are as follows:
(a) The traffic circulation system is designed to control speed and reduce volumes on the
interior and exterior street network. This can be accomplished through the use of traffic
calming devices; street networks consisting of loops and short segments; multiple entrances
and exits into the development; and similar measures that are intended to minimize through
traffic and keep speeds within the development at or below 20 m.p.h.
The traffic circulation system is designed to control speed by the use of traffic
calmed paver areas located at the entrance, community pool and tot lot. The
road width is 20', a width designed to encourage safer slower speeds through
out the development. The relative short segments of straight runs will reinforce
safe Iow speeds.
(b) Buildings are placed throughout the development in a mannerthat reduces the overall
massing, and provides a feeling of open space.
Providing a generous amount of space between each building reduces the
overall massing of the buildings.
(c) Where immediately adjacent to residential zoning districts having a lower density,
building setbacks and landscape materials 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 or fence is provided as a visual buffer'between
the properties.
The building setbacks along single-family zoning have been increased by more
than 25% of the minimum required by providing a 25'-2" setback where the
minimum required is 15'-0". Landscape along this increased set back will
exceed the required height at time of planting. The landscape buffer will exceed
the minimum code requirement.
(d) The development offers a varied streetscape and building design. For example,
setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the
planes of the facades are offset to add interest and distinguish individual units). Building
elevations incorporate diversity in window and door shapes and locations; features such as
balconies, arches, porches, courtyards; and design elements such as shutters, window
mullions, quoins, decorative tiles, etc.
The development offers a vaded streetscape and building design by:
2.
3.
4.
5.
6.
7.
Staggering setbacks between units;
Varying roof heights;
Alternating the use of hip, gable and shed roofs;
Alternating the use of single and double garage doors;
Alternating the use of decorative wood shutters;
Alternating the use of balconies;
Alternating the use decorative arches, stucco base and stucco
sills; and
Alternating the use of outlookers and decorative wood brackets.
(e) A number of different unit types, sizes and floor plans are available within the
development in order to accommodate households of various ages and sizes. Multi-family
housing will at a minimum have a mix of one, two and three bedroom units with varying floor
plans. Single family housing (attached and detached) will at a minimum offer a mix of three
and four bedroom units with varying floor plans.
Exhibit "B" - Page 2
Three different unit types, sizes and floor plans are available within the
development. The units are available with two, three and four bedrooms. The
two bedroom units offer a single car garage. The three bedroom u nits are end
units, which offer a two-car garage. The four-bedroom unit also includes a two-
car garage and it is a 3-story unit with a loft area upstairs. In addition, an
optional 5th bedroom will be offered in the 3-story unit. The variety of unit size
and floor plans will encourage households of various ages and sizes.
(f) The development is designed to preserve and enhance existing natural areas and/or
water bodies. Where no such areas exist, new areas, which provide open space and native
habitat, are created and incorporated into the project.
There are not any existing natural areas within the site. However, a new
77'x131' natural preserve area is provided at the south west corner of this
project. The 131' length of the preserve is adjacent to the single family zoned
district to the west, and the Sherwood Forest subdivision to the South.
Additional natural landscape will be provided in the open spaces through out
the development.
(g) The project provides a convenient and extensive bicycle/pedestrian network, and
access to available transit.
The project includes a complete network of pedestrian sidewalks along the
street in front of each building. The sidewalks continue to Atlantic Avenue on
both sides of the development entrance. The sidewalk leads to the recreation
areas within the development, which include a pool, a tot lot, and a beach
volleyball court.
The rezoning to RM-11 is also supported by the following Policies and Objectives of the
Comprehensive Plan of the City of Delray Beach:
Future Land Use Element:
Policy A-2.3: Development of remaining vacant properties shall occur in a
manner, which is consistent with and complementary to adjacent development
regardless of zoning designations.
The property is surrounded by similar residential density subdivisions and thus would be
consistent with and complimentary to adjacent developments.
Objective A-1: Vacant property shall be developed 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.
Exhibit "B" - Page 3
The development of the property will be complementaryto adjacent land uses as discussed
in the above policy. The product type will be affordable and fulfills a remaining land use need.
Housing Element:
Objective B-2: Redevelopment and the development of new land shall result in
the provision of a variety of housing types which shall continue to accommodate
the diverse makeup of the City's demographic profile, and meet the housing
needs identified in this Element. Policies that will implement this objective
include:
Policy B-2.2 - The development of new adult oriented communities within the
City is discouraged. New housing developments shall be designed to
accommodate households having a range of ages, especially families with
children, and shall be required to provide 3 and 4 bedroom units and activity
areas for children ranging from toddlers to teens.
Policy B-2.3 - New housing developments shall inclu~le a range of housing
types that offer variety in size, color, and style.
The project is not geared as an adult oriented community. The housing development is
designed to accommodate families with children. This is accomplished by providing a
townhouse product with a garage, large room sizes and several floor plans that could appeal
to different age groups and household sizes.
O:~CARLOO3~Exhibit B.wpd
Exhibit "B" - Page 4
ATLANTIC
PALMS
- REZONING -
FROM: POC (PLANNED
OFFICE CENTER)
TO~ RM-11 (MULTIPLE
FAMILY RESIDENTIAL,
MEDIUM DENSITY- 11
UNITS/ACRE)
ADDRESS: N/A
CF
MUNICIPAL BOUNDARIES
SUPPLEMENTAL INFORMATION
APPROXIMATE ACREAGE: 5.04
ABRIDGED LEGAL DESCRIPTION:
CARLSON BLACK PLATS 1 & 2
CURRENTFLUM: TRN
(TRANSITIONAL)
S
100
ANNOUNCEMENTS
LEGAL NOTICES
I~GAL NOTICES