45-92 ORDINANCE NO. 45-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL)
DISTRICT IN THE R-1AA (SINGLE FAMILY RESIDENTIAL)
DISTRICT; SAID LAND BEING ALL OF THE PLAT OF SIMMONS
CAY, AS RECORDED IN PLAT BOOK 69, PAGE 100 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER
WITH A PORTION OF THE PLAT OF OCEAN CAY, AS RECORDED IN
PLAT BOOK 50, PAGE 59 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP,
DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City of
Delray Beach, Florida, is hereby rezoned and placed in the R-1AA (Single
Family Residential) District, as defined in Chapter Four of the Land
Development Regulations of Delray Beach, Florida, to-wit:
All of the Plat of Simmons Cay, as recorded in Plat
Book 69, Page 100 of the Public Records of Palm Beach
County, Florida.
Together with:
The South 65.5 feet of Plat of Ocean Cay of Delray, as
recorded in Plat Book 50, Page 59 of the Public Records
of Palm Beach County, Florida (Less the North 60.00
feet of the Easterly 224.26 feet).
Together with:
The North 60 feet of the South 65.5 feet of the
Easterly 224.26 feet of the Plat of Ocean Cay of
Delray, as recorded in Plat Book 50, Page 59 of the
Public Records of Palm Beach County, Florida.
The above-described parcel contains 1.36 acres of land,
more or less.
The subject property is located on the west side of
State Road A-l-A, just south of Vista Del Mar Drive,
Delray Beach, Florida.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances 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conflict herewith be, and the same are hereby repealed.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 ll~h day of O~tnb~r , 1992.
ATTEST:
.... Cfty clem ' ~
First Reading September 22, 1992
Second Reading October 13, 1992
-2- Ord. No. 45-92
ATLANTIC A¥I;NU[
OCEAN CAY
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: ~GENDA ITEM ~/O ~ _ MEETING OF OCTOBER 13. 1992
ORDINANCE NO. 45-92
DATE: October 9, 1992
This is the second reading of an ordinance rezoning and placing land
presently zoned RM (Multiple Family Residential) district in R-1AA
(Single Family Residential) district; said land being all of the plat
of Simmons Cay located on the west side of State Road A-l-A, just
south of Vista Del Mar Drive.
The rezoning involves two parcels of land which are under separate
ownership and which were previously combined under the Ocean Cay plat.
Subsequently, one of the property owners submitted the Simmons Cay
plat to allow for the sale and development of a single family home on
the northern parcel.
At the July 21st regular meeting the Simmons Cay boundary plat was
approved along with a request for City initiated rezoning of both the
Simmons Cay and Ocean Cay plat from RM to R-1AA.
At their September 21st meeting the Planning and Zoning Board
recommended approval. A detailed staff report is attached as backup
material for this item.
Recommend approval of Ordinance No. 45-92 on second and final reading.
CITY COMMISSION DOCUMENTATION
TO: ~DAVID T. HARDEN, CITY MANAGER
THRU: DAVID J. KOVACS, DIRECTOR
D~LTMENT OF .PLANNING AND ZONING
FROM: PAUL DO~'LANNER II
SUBJECT: MEETING OF SEPTEMBER 22, 1992
ORDINANCE REZONING 1.36 ACRES ON THE WEST SIDE OF
STATE ROAD A-1-A JUST SOUTH OF VISTA DEL MAR DRIVE
FROM RM (MULTIPLY 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 Tract A of
Simmons Cay Plat along with the balance of Ocean Cay Plat
from RM (Multiple Family Residential) to R-1AA (Single
Family).
The property is approximetetly 1.36 acres and located on
the west side of State Road A-1-A just south of Vista Del
Mar Drive.
BACKGROUND:
The rezoning involves two parcels of seperate ownership which
were previously combined under the Ocean Cay plat. The two
owners were unable to reach an agreement to jointly market the
property. The northern parcel owner submitted the Simmons Cay
Plat to allow the sale and development of the parcel for a
single family home. On July 21, 1992 the City Commission
approved the Simmons Cay boundary plat. At that July 21, 1992
the City Commission initiated rezoning of both the
Simmons Cay plat along with the balance of the Ocean Cay plat
from RM (Multiple Family Residential) to R-1AA (Single Family
Residential).
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at
their regular meeting of September 21, 1992. As this
documentation was written prior to the meeting a verbal report
on the Planning and Zoning Board action will be provided at the
City Commission meeting.
City Commission Documentation
Ocean Cay - Ordinance Rezoning 1.36 Acres
Page 2
RECOMMENDED ACTION:
By motion, approve the ordinance on first reading to rezone
Tract A of Simmons Cay along with the balance of Ocean Cay Plat
from RM (Multiple Family Residential) to R-1AA (Single Family).
Attachment:
* P&Z Staff Report
PD/CCRECA~iDOC
PLANNING & ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE: SEPTEMBER 21, 1992
AGENDA ITEM: Iv. A.
ITEM: REZONING (RM TO R-I-AA) FORMER OCEAN CAY PLAT PROPERTY,
NORTH OCEAN BOULEVARD (A-I-A)
N
GENERAL DATA:
Owners ........................ William Knowlton and Chris Salmonson.
Location ...................... West side of Ocean Boulevard, south of Vista del Mar Drive.
Property Size ................. 1.37 acres
City Land Use Plan ............ Residential - Medium Density (5-12
d.u./acre)
Existing Zoning ............... RM (Multiple Family Residential -
Medium Density)
Proposed Zoning ............... R-1AA (Single-Family Residential)
Adjacent Zoning ........ North: R-1AA (Single-Family Residential)
East: OS (Open Space)
South: RM
West: RM
Existing Land Use ............. Single Family Residence and Vacant.
Proposed Land Use ............. Two Single Family Residences.
Water Service ............ - ..... Existing on site.
Sewer Service ................. Existing on site.
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation
on a rezoning request from RM (Residential Medium) to R-1AA
(Single Family).
The subject property is Tract A of Simmons Cay (replat of a
portion of Ocean Cay) along with the balance of the Ocean Cay
plat located on the west side of State Road A-1-A just south of
Vista Del Mar Drive.
BACKGROUND:
The property is made up of two parcels with one parcel
containing a single family home and a garage which were
constructed prior to 1962 and the other vacant. On May 21, 1984
the Planning and Zoning Board recommended approval of a 13 unit
multi-family development named Ocean Cay which incorporates both
parcels. On August 20, 1984 the Planning and Zoning Board
recommended approval of the Ocean Cay final plat. On June 12,
1984 and August 28, 1984 the City Commission approved the 13
unit multi-family development and final plat respectfully.
The development was not constructed and the site plan expired on
December 12, 1985. In October 1991, during City wide rezonings
associated with the adoption of the LDR's the property (Ocean
Cay Plat) was rezoned from RM-15 to RM. On December 16, 1991
Mr. Salm'onson purchased one parcel, the. south 60' of the
property, from North Ocean Corporation. The remaining portion
of the Ocean Cay Plat, the north 100' of the Ocean Cay plat,
went into foreclosure with the First Union National bank.
Both the bank and the owner of the south parcel have inquired as
to the development potential of the individual parcels. Both
were informed by the Planning and Zoning Department that the
Ocean Cay plat ' represents one parcel, the dividing of which
constitutes an illegal subdivision. Planning staff notified the
two owners that they would have to submit an application to
legally subdivide the Ocean Cay property.
First Union bank was not able to negotiate an agreement with the
owner of the south parcel to jo.intly market or develop the
entire property. In June, 1992 in order to allow the sale and
development of the north 100' parcel as a single family home,
the bank submitted a boundary plat called Simmons Cay. The
Simmons Cay boundary plat was approved by City Commission on
July 21, 1992. On July 21, 1992 the City Commission initiated a
rezoning of the Simmons Cay plat along with the balance of the
Ocean Cay plat from RM (Multiple Family Residential) to R-1AA
(Single Family Residential).
P&Z Staff Report
Simmons Cay
Page 2
PROJECT DESCRIPTION:
The rezoning request involves approximately 1.36 acres and is
made up of two parcels. The northern parcel which was recently
platted as Simmons Cay contains 33,605 sq.ft. (100' x 336').
The southern parcel is occupied by an existing single family
home and is approximately 25,440 sq.ft. (60' x 424').
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 current Future Land Use designation for the entire
property is Medium Density (5-12 units to the acre)
residential. The requested zoning change is from RM
(Residential Medium) to R-1AA (Single Family). The
allowable zoning designations which are deemed consistent
with the Medium Density Land Use designation are:
- RM Medium Density Residential (existing zoning)
- CF Community Facility
- R-1 Single Family Residential
- RL Residential Low Density
- PRD Planned Residential Development
The proposed zoning designation of R-1AA is consistent with
the current Future Land Use designation. The existing
single family use on the south parcel and the proposed
single family use on the north parcel are allowed under
R-1AA zoning district.
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.
P&Z Staff Report
Simmons Cay
Page 3
The development potential under the current RM zoning is a
maximum of 16 units (entire Ocean Cay plat) while the
development potential under the proposed R-1AA will be 2
units. Water and sewer service is available. There is no
problem with concurrency.
Streets and Traffic: Pursuant to Section 2.4.5(D) with all
rezoning requests traffic information is required which
addresses the development of the property under reasonable
intensity pursuant to the existing and proposed zoning.
As indicated above the development potential diminishes with
the rezoning of the properties to R-1AA. The traffic generation
for 16 units would be approximately 160 daily trips while 2
units would generate approximately 20 daily trips.
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 and is similar
to the uses to the north 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
Multiple Family). To the north is property zoned R-1AA
(Single family Residential), to the west and south is RM
(Residential Multiple Family), and to the east is A-1-A and
the Atlantic Ocean. The surrounding land uses are single
family homes to the west and north, Dorchester Condominiums
to the south and the ocean to the east. The zoning change
will enhance the properties compatible with the adjacent
single family uses to the north and the west and is
compatible with the adjacent RM uses to the south.
P&Z Staff Report
Simmons Cay
Page 4
LDR COMPLIANCE:
Section 2.4.5(D)(5) (Rezoninq Findinqs):
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
division of the property into the original two parcels.
With the division, the development intent for Simmons Cay
is for a single family home. The remaining south parcel's
(60 'x 424') configuration does not lend itself to NM
development. The need to provide dedicated access to the
rear of the property as well as compliance with RM setbacks
of between 15' and 25' will prohibit development under the
existing zoning. A 60' lot of this configuration is better
suited to single family development.
The R-1AA zoning district is of lesser intensity as the
underlying Land Use Designation and is more appropriate
given the current configuration (dimensions) of the south
parcel. With respect to the northern parcel the R-1AA
zoning district is more appropriate given the declared
intent to construct a single family home on the property.
Section 4.3.4 (R-1AA Development Standards Matrix):
The R-1AA district requires a minimum lot size of 9,500 sq. ft.,
lot width of 75', lot depth of 100', and lot frontage of 75'.
The Simmons Cay replat will meet all of the above dimension and
size requirements. The remaining south 60' of the Ocean Cay
plat will meet all requirements except the minimum frontage and
width requirements. The south parcel is considered a lot of
record as the original division occurred prior to the adoption
of the Subdivision Code in November, 1977. Given this factor
the parcel is considered a lot of record and can be developed
for uses allowed under the R-1AA zoning district pursuant to
Section 4.1.4 (uses of Lots of record).
P&Z Staff Report
Simmons Cay
Page 5
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 is 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 dimensional restrictions on development the potential
on the south parcel and the proposed use of the north parcel
(Single Family home) the most restrictive zoning designation
which is applicable for this property would be R-1AA (Single
Family).
Coastal Zone Element: 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).
.Neighborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. A special certified
notice has been sent to each of the property owners of record.
A courtesy notice has been sent to Sandy Almy of the Beach
Property Owners who has requested notification of petitions in
that area.
P&Z Staff Report
Simmons Cay
Page 6
ASSESSMENT AND CONCLUSION:
The rezoning action was initiated by the City Commission to
bring the zoning map designation into conformity with the
proposed use of the north parcel (Simmons Cay) and the
development potential of the southern parcel. Given the changes
in circumstances for these properties the proposed zoning of
R-1AA is the most appropriate.
ALTERNATIVE ACTIONS:
A. Continue with direction.
B. Recommend denial of the rezoning with reasons stated.
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).
Report prepared by: ~,~..~rling. ~/
Reviewed DJK on: ~);,J~e~_J . I~
PD/REZCAY.DOC
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM # /~ - MEETING OF SEPTEMBER 22, 1992
QRDINANCE NO. 45-92
DATE: September 18, 1992
This is a first reading of an ordinance rezoning and placing land
presently zoned RM (Multiple Family Residential) district in R-1AA
(Single Family Residential) district; said land being all of the plat
of Simmons Cay located on the west side of State Road A-I-A, just
south of Vista Del Mar Drive.
The rezoning involves two parcels of land which are under separate
ownership and which were previously combined under the Ocean Cay plat.
Subsequently, one of the property owners submitted the Simmons Cay
plat to allow for the sale and development of a single family home on
the northern parcel.
At the July 21st regular meeting the Simmons Cay boundary plat was
approved along with a request for City initiated rezoning of both the
Simmons Cay and Ocean Cay plat from RM to R-1AA. The Planning and
Zoning Board will consider this item at their September 21st meeting.
A report of the Board's findings and recommendations will be presented
at Tuesday evening's meeting. A detailed staff report is attached as
backup material for this item.
Recommend approval of Ordinance No. 45-92 on first reading, subject to
the findings and recommendations of the Planning and Zoning Board.
5-0
PLANNING AND ZONING BOARD MEMORANDUM
TO: MAYOR AND CITY COMMISSION MEMBERS
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
DATE: SEPTEMBER 22, 1992
SUBJECT: PLANNING AND ZONING BOARD ACTIONS ON ITEMS BEFORE THE
CITY COMMISSION ON THIS EVENING'S AGENDA
At last night's Planning and Zoning Board meeting consideration.
was given to several items which are before the Board this
evening. These items and the Board's action is as follows:
Commission Agenda Items~ Group 8, Consent Agenda
J. Re: Opposition to Amendment to Broward County Trafficways
Plan and Request to Palm Beach County BOCC re University
Parkway
* Per staff recommendation, 7-0 vote.
Commission Agenda Items~ Group 9~ Regular Agenda
F. Submission Requirements re Waterford SAD
* Agreement was reached. There will be no further
appeal. THIS ITEM SHOULD BE DELETED FROM THE AGENDA.
Commission Agenda Items~ Group 12~ First Readings of Ordinances:
Ordinance 47-92: Changes to SAD District Regulations and
accommodation of a new expiration date for Marina Cay (8/95).
* Recommendation of Approval on a 4-3 vote
(Currie, Beer, Kiselewski dissenting)
To: Mayor and City Commission Members
Re: Planning and Zoning Board Actions on Items
Before the City Commission on this Evening's Agenda
September 22, 1992
Page 2
Ordinances 49-92 & 50-92: FLUM Amendment and Rezoning on a
portion of public land (Veterans Park parking lot) to
accommodate an outside deck at Atlantic Plaza.
* Recommendation of DENIAL on a 5-2 vote (Felner and
Currie dissenting)
Ordinance 46-92: Rezoning from PC to CG, Linton International
Plaza
* Recommended APPROVAL on a 6-1 vote, (Kellerman
dissenting)
Ordinance 45-92: Rezoning from RM to R-l-AA, Ocean Cay Plat
* Recommended APPROVAL on a 7-0 vote.
Ordinance 48-92: Text (LDR) Amendment re POC Supplemental
District Regulations
* Recommended APPROVAL on a 7-0 vote.
DJK/cm
C:
City Manager
City Clerk
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