Ord 36-02ORDINANCE NO. 36-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING LAND
PRESENTLY ZONED R-l-AA (SINGLE FAMILY
RESIDENTIAL) DISTRICT TO RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL
LOCATED ON THE SOUTH SIDE OF SE 5TH STREET,
APPROXIMATELY 160 FEET EAST OF SE 6TH AVENUE
(NORTHBOUND FEDERAL HIGHWAY) - 622 SE 5TH
STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 2002"; 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 February, 2002, as being zoned R-I-AA (Single Family
Residential) District; and
WHEREAS, at its meeting of July 15, 2002, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public heating and voted 6 to 0 to
recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DFJ.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 (Medium Density Resident/al)
District for the following described property:
All that part of Lot 11, Block 10sceola Park, according to the Plat thereof as
recorded in Plat Book 3, Page 2, of the Public Records of Palm Beach County,
Florida, as described as follows:
Commencing at the original northwest comer of said Lot 11, Block 1, Osceola Park,
thence N 89° 32' 00" E, 166.00 feet to the point of beginning of this description,
thence S 00° 00' 00" E 147.38 feet, thence N 89° 32' 00" E, 161.48 feet, thence N
00° 03' 30" E, 147.38 feet, thence S 89° 32' 00" W, 161.63 feet, to the point of
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are hereby repealed.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.
j~.PASSED AND ADOPTED in reg~dar session on second and final reading on this the
,a~t~ dayof ~Lt ,2002.-}~x-~~' ~~
ATTEST
City Clerk
First Reading d~.
Second Readi
MAYOR
2 ORD NO. 36-02
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~?~t-/'1
AGENDA ITEM # I 0 ~ . REGULAR MEETING OF AUGUST 20, 2OO2
ORDINANCE NO. 36-02 {REZONING FOR $'~ STREET TOWNHOMES)
AUGUST 16, 2002
This ordinance is before Commission for second reading for rezoning from R-l-AA (Single Family
Residential) to RM (Multiple Family Residential Medium Density) for 0.5466 acres for 5th Street
Townhomes, located on the south side of S.E. 5~h Street, approximately 160 feet east of S.E. 6~
Avenue (Federal Highway) - 622 S.E. 5~ Street.
The subject property consists of Lot 11, less the west 166 feet, Block 1, Osceola Park and contains a
single family residence that was constructed in 1953. The subject property was rezoned from Single
Family Low Density to Multiple Family Medium Density in 1989 due to a dtywide comprehensive
plan. The property will be aggregated for the construction of five (5) townhouse units.
The Planning and Zoning Board held a public hearing in conjunction with the request. There were
four (4) people that expressed concerns with the potential incompatibility with adjacent properties
and parking issues. After discussing this proposal, the Board voted 6-0 to recommend that the
request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards)
and LDR Section 2.4.5(D)(5), and policies of the comprehensive plan.
At the first reading on August 6, 2002, the City Commission passed the Ordinance No. 36-02
unanimously.
Recommend approval of Ordinance No. 36-02 on second and final reading.
TO:
THRU:
FROM:
SUBJECT:
PAUL DORLING, DIRECTOR OF I~NING AND ZONING
SCOTT D. PAPE, SENIOR PLANNER,/~ ~¢.~L
MEETING OF AUGUST 6, 2002
ZONING CHANGE FROM R-l-AA (SINGLE FAMILY RESIDENTIAL) TO RM
(MULTIPLE FAMILY RESIDENTIAL MEDIUM DENSITY) FOR A PARCEL OF LAND
LOCATED ON THE SOUTH SIDE OF SE 5TM STREET. APPROXIMATELY 160' EAST
OF SE 6TM AVENUE (FEDERAL HIGHWAY) [622 SE 5TH STREET].
The subject property consists of Lot 11, less the west 166 feet thereof, Block 1, Osceola Park
and contains 0.5466 acres. The property contains a single family residence which was constructed in
1953. On November 22, 1977 the City Commission approved a City-initiated rezoning to 74 different
parcels in association with the implementation of the City of Delray Beach Master Land Use Map, which
was adopted June 27, 1977. The subject property was rezoned from RM-10 (Multiple Family Residential
- 10 units per acre) to R-l-AA (Single Family Residential), which is its current zoning designation.
At its meeting of November 28, 1989, the City Commission adopted a citywide Comprehensive Plan. As
part of the Comprehensive Plan adoption, which included the Future Land Use Map, the Future Land
Use Map designation of the subject property was changed from Single Family Low Density to Multiple
Family Medium Density.
The applicant proposes to demolish the existing single family home and construct up to five townhouse
units. Additional background and an analysis of the request are found in the attached Planning and
Zoning Board Staff Report.
At its meeting of July 15, 2002, the Planning and Zoning Board held a public hearing in conjunction with
the request. There were four people from the public that spoke in opposition to the proposed rezoning of
the property due to the concerns over incompatibility with adjacent properties and parking concerns. In
addition to public comment there were four letters of opposition submitted (three of which were e-mails
that were not received in time for distribution to the Board). After reviewing the staff report and
discussing the proposal, the Board voted 6-0 (Joe Pike stepped-down) to recommend that the request be
approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan.
By motion, approve on first reading the ordinance for a zoning designation change from R-l-AA (Single
Medium Dens~t ,th
Family Residential) to RM (Multiple Family Residential - ' 'y) for 5 Street Townhomes,
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).
Attachments:
P & Z Staff Report of July 15, 2002
Draft Ordinance #36-02
ORDINANCE NO. 36-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DRLRAY BEACH, FLORIDA, REZONING LAND
PRESENTLY ZONED R-l-AA (SINGLE FAMILY
RESIDENTIAL) DISTRICT TO RM ('MEDIUM DENSITY
RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL
LOCATED ON THE SOUTH SIDE OF SE 5TH STREET,
APPROXIMATFJ.Y 160 FEET EAST OF SE 6TH AVENUE
(NORTHBOUND FEDERAL HIGHWAY) - 622 SE 5TH
STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DF_J_.RAY
BEACH, FLORIDA, 2002"; 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 Delx'ay Beach, Florida, dated February, 2002, as being zoned R-I-AA (Single Family
Residential) District; and
WHEREAS, at its meeting of July 15, 2002, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to
recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, 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 (Medium Density Residential)
District for the following described property:
All that part of Lot 11, Block I Osceola Park, according to the Plat thereof as
recorded in Plat Book 3, Page 2, of the Public Records of Palm Beach County,
Florida, as described as follows:
Commencing at the original northwest comer of said Lot 11, Block 1, Osceola Park,
thence N 89° 32' 00" E, 166.00 feet to the point of beginning of this description,
thence S 00° 00' 00" E 147.38 feet, thence N 89° 32' 00" E, 161.48 feet, thence N
00° 03' 30" E, 147.38 feet, thence S 89° 32' 00" W, 161.63 feet, to the point of
beginning.
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 ,2002.
ATTEST
MAYOR
city Cler
First Reading
Second Reading
2 ORD NO. 36-02
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
July 15, 2002
IV.D.
Rezoning from R-l-AA (Single Family Residential) to RM (Medium Density
Residential) For a Parcel of Land to be Known as 5th Street Townhomes.
GENERAL DATA:
OwnerApplicant/Agent ................ Charles O. Anderson
Location ...................................... South Side of SE 5~ Street,
Approximately 160 Feet East
of SE 6th Avenue
(Northbound Federal
Highway) - 622 SE 5"~ Street.
Property Size .............................. 0.55 Acres
Future Land Use Map ........: ....... MD (Medium Density ,
Residential, 0-5 .~
Units per Acre)
Current Zoning ............................ R-l-AA (Single Family
Residential)
Proposed Zoning ........................ RM (Medium Density
Residential)
Adjacent Zoning ................ North: R-l-AA (Single Family
East:
South:
West:
Existing Land Use ......................
Proposed Land Use ....................
Water Service .............................
Sewer Service .............................
Residential)
RM (Medium Density
Residential)
POD (Professional Office
District)
NC (Neighborhood
Commercial)
Single family residence
Rezoning to allow the
establishment of 4-5,
two-story townhomes,
approximately
2,400 sq-ft, each.
Existing on site.
Ex~sting on site.
U~
O
.,~
r~
I.-
Z
IV.D.
The item before the Board is that of making a recommendation to the City Commission
on a privately sponsored rezoning from R-l-AA (Single Family Residential) to RM
(Multiple Family Residential - Medium Density) for 5th Street Townhomes, 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 Lot 11, less the west 166 feet thereof, Block 1, Osceola
Park and contains 0.5466 acres. The property is located at 622 SE 5th Street which is
on the south side of SE 5th Street, approximately 160' east of SE 6th Avenue (Federal
Highway).
The property contains a single family residence which was constructed in 1953. On
November 22, 1977 the City Commission approved a City-initiated rezoning to rezone
74 different parcels as a result of implementation of the City of Delray Beach Master
Land Use Map, which was adopted June 27, 1977. The subject property was rezoned
from RM-10 (Multiple Family Residential - 10 units per acre) to R-l-AA (Single Family
Residential), which is its current zoning designation.
At its meeting of November 28, 1989, the City Commission adopted a citywide
Comprehensive Plan. As part of the Comprehensive Plan adoption, which included the
Future Land Use Map, the designation of the subject property was changed from Single
Family Low Density to Multiple Family Medium Density.
The applicant proposes to demolish the existing single family home and construct up to
five townhouse units. The applicant has submitted a zoning district map change
request, which is now before the Board for action.
The proposal is to change the zoning designation of the property from R-l-AA (Single
Family Residential) to RM (Multiple Family- Medium Density).
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
P & Z Board Staff Report
Rezoning from R-l-AA to RM for 5th Street Townhomes
Page 2
which has the authority to approve or deny the development application. These
findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan
Consistency and Compliance with the Land Development Regulations.
FUTURE LAND USE MAP: The resulting use of land o~ 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 proposed multiple family residential development is an allowed use in the proposed
RM zoning district per LDR Section 4.4.6(B)(3). The Future Land Use Map (FLUM)
designation is MD (Medium Density Residential 5-12 dwelling units per acre). The
proposed RM zoning district is consistent with the MD FLUM designation. The current
zoning and land use designations are not consistent with each other and this petition
will achieve the required consistency between the Land Use and Zoning designations.
Thus, positive findings can be made regarding consistency can be made.
Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future
Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and provide, or to require
the provision of, needed capital improvements in order to maintain the Levels of
Service Standards established in Table CI-GOP-1 of the adopted Comprehensive
Plan of the City of Delray Beach.
Pursuant to LDR Section 4.4.6(A), the allowed base density within the RM zoning
district is six dwelling units per acre with a maximum density of 12 dwelling units per
acre. The increase of the density above the base density relates to the ability of a
development to meet performance standards. Given the size of the property the
maximum development potential of the property is six dwelling units (12 x .55 = 6.6
dwelling units). The following concurrency analysis is based on a maximum 6 dwelling
units allowed.
Traffic:
The trip generation according to Table 10.8-3 "Fair Share Road Impact Fee Schedule",
Palm Beach County Traffic Performance Standards Ordinance for multiple family homes
is 7 ADT (Average Daily Trips) and single family 10 ADT. Given this trip generation rate
the property would generate 42 ADT based on 6 multiple family units. The existing
single family home generates 10 ADT. Consequently, the total new net trips generated
by the property at its maximum allowed density would be 32 new ADT. The proposed
residential property is located within the Palm Beach County Residential Exemption
area and, therefore, is exempt from having to meet the County's Traffic Performance
Standards. Given this a finding of traffic concurrency can be made.
· . . ',:": ::
P & Z Board Staff Report
Rezoning from R-l-AA to RM for 5"~ Street Townhomes
Page 3
Solid Waste:
The most intensive use of the property (6 multiple family dwelling units) would generate
3.12 tons per year.. The annual solid waste generation by the existing single family unit
is 1.99 tons. Consequently, the proposed rezoning may generate a potential increase in
the solid waste of 1.13 tons per year. The increase can be accommodated by existing
facilities and thus, will not have a significant impact on this level of service standard.
Water & Sewer:
Water and sewer service is currently available to the subject 'property. The Delray
Beach Water Treatment Plant and the South Central County Waste Water Treatment
Plant both have adequate capacity to serve the City at build out. An existing 2" water
main along SE 5th Street and an 8" sewer main along SE 7th Avenue are available.
There are no fire hydrants in proximity to the subject property. It is noted that when the
property is redeveloped, extension of a water main and installation of a fire hydrant will
be required.
Parks and Recreation:
The maximum potential of 6 residential units will not have a significant impact with
respect to level of service standards for parks and recreation facilities. Pursuant to LDR
Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to
issuance of a building permit for each unit. A total fee of $3,000 will be required of this
development for parks and recreation purposes if the property is developed at its
maximum density potential. Based upon the above, a positive finding with respect to
concurrency can be made.
Consistency: A finding of overall consistency may be made even though the
action will be in conflict with some individual performance standards contained
within Article 3.2, provided that the approving body specifically finds that the
beneficial aspects of the proposed project (hence compliance with some
standards) outweighs the negative impacts of identified points of conflict.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives and policies are noted.
Future Land Use Element Objective A-1 - Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate and
complies in terms of soil, topographic, and other applicable physical
considerations, is complimentary to adjacent land uses, and fulfills remaining
land use needs.
The existing use of the property is single family residential. The surrounding uses of the
property is multiple family to the east, commercial to the south and west, and single
P & Z Board Staff Report
Rezoning from R-l-AA to RM for 5th Street Townhomes
Page 4
family residential to the north. The proposed multiple family development of the
property is more appropriate than single family due to its proximity to the adjacent
commercial property to the south and west. Further, given the intensities of the uses to
the south, east, and west, the property is more suitable for multiple family rather than
single family. The property has in-fact been isolated from the single family
neighborhood to the north by these uses. There are no special physical or
environmental characteristics of the land that would be negatively impacted by the
proposed multiple family development. The Housing Element of the Comprehensive
Plan calls for the provision of infill housing in the downtown area.
Housinq Policy A-12.3: 'In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on
the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it is
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
The proposed development of the 0.55 acre parcel of land as multiple family residential
will not significantly affect the neighborhood due to the increased number of residential
units. The proposed multiple family development may enhance the single family
neighborhood to the north by provided a uniform "buffer/separation" between the
commercial uses.
Open Space and Recreation Element Policy A-3.1 - Tot lots and recreation areas
serving children from toddlers to teens, shall be a feature of all new housing
developments as part of the design to accommodate households having a range
of ages. This requirement may be waived or modified for residential
developments located in the downtown area, and for infill projects having fewer
than 25 units.
This element does not apply to the proposed development as the property is located in
the downtown area and will be an infill development of a maximum of six units.
Housinq 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, which will
implement this objective, include:
Housinq 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 development located in the downtown area,
and for infill projects having fewer than 25 units.
P & Z Board Staff Report
Rezoning from R-l-AA to RM for 5th Street Townhomes
Page 5
The City has not received a development proposal at this time. While this requirement
may be waived for development in the downtown area or certain infill projects,
compliance will be encouraged.
Housinq Element Policy B-2.6 - Housing in and near the downtown area, in close
proximity to employment opportunities and services, is a critical need. In order
to help stimulate demand for new housing in and around the Central Business
District, the development of new rental housing projects outside of the TCEA and
North Federal Highway area is discouraged.
The development proposal is located outside the CBD and TCEA area. However,
additional residents in the area will patronize commercial businesses along Federal
Highway and downtown. As noted previously, a development proposal has not been
received. The development of the property as a rental complex would not be consistent
with this policy. Therefore, ownership of the units would provide the desired type of
residential development.
Section 3.2.2 (Standards for Rezoninq Actions): Standards B and C are not
applicable. The applicable performance standards of Section 3.2.2 .are as follows:
(A)
The most restrictive residential zoning district that is applicable given
existing development patterns 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 property is designated as stabilization on the Residential Neighborhood
Categorization Map. As noted below the property to the east (Villas Sobre Del
Mar) is zoned RM and is a townhouse development. The property at the
southeast corner of the property is the Barrton Apartment Condos and is also
zoned RM. The properties to the west and south are zoned for commercial
purposes and are typically incompatible with single family zoning designations.
The proposed RM zoning designation is consistent with the development
patterns to the southeast and east sides of the property. The proposed RM
zoning designation will provide a "transition" between the commercial uses and
the single family neighborhood to the north.
(D)
That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed;
or that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
The following zoning designations and uses border the property:
P & Z Board Staff Report
Rezoning from R-l-AA to RM for 5th Street Townhomes
Page 6
Direction Zoninq
Uses
North R-l-AA
West NC
South & Southeast POD & RM
East RM
Single Family
Residential
Delray Dental Specialist
Mayfair Animal Hospital & Barrton
Apartments
Villas Sobre Del Mar
As noted above, the adjacent uses to the east and southeast are multiple family
uses. The Villas Sobre Del Mar townhouse development is similar with respect
to intensity to expected development of the subject property. The Barrton
Apartment Condos are a relatively intense multiple family development that is
located to the southeast. The zoning of the subject property to RM will be
consistent and compatible with the land use pattern south of SE 5th Street.
(E)
Remaining, isolated infill lots within the coastal planning area shall be
developed under zoning which is identical or similar to the zoning of
adjacent properties; and, the resulting development shall be of a design
and intensity which is similar to the adjacent development.
The subject property is located within the coastal planning area. The proposed
RM zoning district is identical to the zoning of the adjacent property to the east
and southeast. A zoning change of the property to the adjacent NC or POD is
not appropriate as it would provide a poor transition to the single family
neighborhood and would cause an incompatibility to these uses. The intensity of
the surrounding development is incompatible with single family uses. The
rezoning of the property would create a more defined delineation between the
single family neighborhood and the commercial and multiple family area to the
south of SE 5th Street.
Section 2.4.5(D)(5) {Rezonin_~ Findings):
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.
P & Z Board Staff Report
Rezoning from R-l-AA to RM for 5th Street Townhomes
Page 7
The applicant indicates that the proposed rezoning is more appropriate for the property
based upon the MD (Medium Density Residential 5-12 dwelling units per acre) Future
Land Use Map (FLUM) designation based on circumstances particular to the site and/or
the neighborhood. Furthermore, the applicant states:
"'/'he previous zoning on my property prior to 1977 was RM-10 and then was
rezoned, by the City ofDelray Beach, to R-l-AA on June 27, 1977.
The requested zoning is of similar intensity as allowed under the Future Land
Use Map and is more appropriate for the property based upon circumstances
particular to my site and neighborhood. The Future Land Use Map has my
property listed as MD (Medium Density)...,
Comment: The basis for which the rezoning is being sought most closely relates to Item
"c". The FLUM designation for the property is MD. As the applicant has stated, the
property was rezoned as part of the citywide rezoning in 1977, which changed the
zoning designation from RM-10 to R-l-AA. While the zoning designation was
appropriate to the current use of the property at that time, the FLUM accurately reflected
the future use of the property with the MD designation. This designation was applied to
the property based on the development pattern of the adjacent properties, which is
multiple family and commercial.
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.
A site plan application for the proposed residential development has not been
submitted. The Site Plan Review and Appearance Board will take final action on the
site plan application when it is submitted.
The subject property is not in a geographical area requiring review by the DDA
(Downtown Development Authority), Community Redevelopment Agency (CRA) and
HPB (Historic Preservation Board).
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.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
P & Z Board Staff Report
Rezoning from R-l-AA to RM for
5th Street Townhomes
Page 8
· Osceola Park
· Churchill Condos
· PROD
· Barrton Apartment Condos
· Marina
· Presidents Council
The rezoning from R-l-AA (Single Family Residential) to RM (Multiple Family
Residential - Medium Density) is consistent with the policies of the Comprehensive
Plan and Chapter 3 of the Land Development Regulations. Positive findings can be
made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings).
A. Continue with direction.
Bo
Recommend approval of rezoning request from R-l-AA (Single Family
Residential) to RM (Multiple Family Residential - Medium Density) for 5th Street
Townhomes, 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) (Rezoning Findings).
Recommend denial of the rezoning request from R-l-AA (Single Family
Residential) to RM (Multiple Family Residential - Medium Density) for 5th Street
Townhomes, based upon a failure to make positive findings with respect to LDR
Section 2.4.5(D)(5) (Rezoning Findings) that the rezoning does not fulfill one of
the reasons for which a rezoning should be sought.
By separate motions:
Recommend to the City Commission approval of the rezoning from R-l-AA (Single
Family Residential) to RM (Multiple Family Residential - Medium Density) for 5th Street
Townhomes, 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).
Attachments:
Location/Zoning Map
Boundary Survey
Prepared by: Scott Pape, Senior Planner
.I
,~g'/~L q ,,Og,g'OoO0 N%..
( g'~ Oc: ~.I~6:400~ '~'O ) _,'~_, _- ,,r., _,.
( gt~9 'Od '~66~ NOOE ':d,'O )LN-q!/'4':SYq
~ ,00'09 t
~c ~o
~o
s\o
~,~'/-k l. i ,,00,00o00 S
m
, I'"~'I ... >. SE,',~,",TE
I
I
I ~l i
t11 /~//~ . ' , . B~,~cH ': ~ ,- ~u~,~^
I ,i , CHURCHILL
~ ~ j~ !:f CONDD :
~ ~ ~,,,~ ~ ~ ~,~ ~o~o~ ~ ~, ~ ~ ~,~,~-'~-~' ~ ,~_
~1~10SR , . ~ .s.~. ~-~
SUBS '~ ~ ~ 0
- ST ~
. ? s.E , lO~ ~TI ~
TOWERS
SEAGATE '~ CASUARINA RD
MELALEUCA RD
RAUHINIA RD
AZALEA RD
~ HIBISCUS ~i
/"-P/ / I
CITY OF DELRAY BEACH, FL
PLANNING & ZONINGDEPART~IENT
J
SUBJECT AREA
5TH STREET TOWNHOMES
-- REZONING --
FROM: R-l-AA (Single Family Residential)
TO: RM (Medium Density Residential)
--- DI~'IT~4L ~4SE M,4P SYSTEM --- MAP REF LM626
Delray Dental Specialists Condo Association
505 S.E. 6"' Avunuu
Dciray Beach. Florida 334~;3
(:3:y of 1 )clray 1 leach
100 N.~~. l'n Avenue
Delray Beach, FI, 334~
Re:
Propcrt), Re-zonh~g for Fifth Sa'eel 'I ownhomcs
FBe ~t2002-209
Attention: Planning and Zoning Board Members
Please be advised that as property owners that are adjacem ~o thc proposed re-zoning
project, we are against the re-zoning. We undcrstanct trim rc-zollin/4 this approxima~cly ?k
acre parcel would allow for up to six (6) mwnhouses. Our opposmon is as lollows:
l'arkin~: If this property allows 1hr the developmenl ol six unH'q,
will likely be tnadequme. Most l~mtltes hax,c two cars. In acKInlon, scrmcc
workers and lYt~ds and lhmtly may impact the need [hr parking during tl~c
wuck as well as on the weekend. Overllow pm'kin~ will likely spill rote utu
A. Om-parking spaces are private, ~br om [)alienl. sHffl'and doctor klqC only.
B. Our parking lm is m capaci;y m~d we a~'ea0y have a problem wilh
over, ow from the buJldh~g localcd IO H~c soulli. Flcasc (1(, no1 crcalc a
siluation where we ~qll have 1o "polio" our lol allCl pOlentir-iII)~ I(~w our
neighbors' cars.
Appearance: Placing a building ~o ~commodme six units will likely be tl~rcc
stories in height and have a/botprim which will 1ill mom of ~l~e green
this lot. This will negmivc}y imp~t thc appearance {~I' thc area.
Z~ming: The zoning of our property at 505 ~.k.. t,'t' A venue was gC'llt:l d]
commercial when it was purchmsed in the tare 19~o's. Al[ct wc butlt an
attractive one sloU low denshy buildinp in I u~. ~ne ciD' of l >ch-ay Beach
unilaterally removed our general commercial ZOllill-r ant{ dowll~,clcd h It~
zoning thai provided us with lbwm option~ tt) tlcvclop our prupcrty ~,~ thc
furore. The CiD, said that its goal was no~ ~o maximize ~he dollar val tic o1' cacli
property, bul to maimain thc quality of ~c area. Since ~e property had bccn
developed as a low dmsity building, thc Cny wanted to ensure llaat i~
remained that wa},. If ibc Cily chm~ges its v~sion and wants m now allow
prope~y to develop to ils maximum financial polentml, then wc w~ll ask
lhe City act ill a fair llla/uler arid reslore olll' original ~cn<ra[ ct}llllHUl
zoning.
Thank you lbr your consideration in this mallei' and your asxi.qtancc in helping ~o kcc:p
D¢lray Beach thc anractivc and desirable city that it has become,
/~ Sincerel)',~, n
Dr. Frank Shapihs
Page 1 of 1
Pape, Scofl
From: Heussi, Loretta
Sent: Tuesday, July 16, 2002 10:11
To: Pape, Scott
Subject: FW: FILE #200-269
..... Original Message .....
From: DR.]628@aol.com [mailto:DPO628@aol.com]
~ent: Sunday, July 14, 2002 9:58 PM
To: pzmail@delrayplan ning.org
Subject: FILE #200-269
Dear Delray Planning and Zoning,
We are the owners of 628 SE 5th Street #3 which is next to Lot 11, Block 10sceola Park Plat Book
3, Page 2 which is the property requesting the zoning change from R-l-AA to RM.
Unfortunately, due to the demands of my Internal Medicine practice, I will not be able to attend the
meeting on July 15th.
We, along with our neighbors are strongly apposed to this reasoning. The property in question is at
the intersection of SE 5th street and 7th Ave. 7th Ave. is a narrow, one lane street which is already
overused with two-way traffic. This presents a danger to our children which can only be increased by
granting this zoning request.
One block away on Federal Highway a large townhouse development is presently under
construction. We are pleased with the growth of Delray Beach but do not feel this street can h ,apdle
further traffic and will impact the value of our homes.
Sincerely,
Dr. and Mrs. C. Robert Johnson
RECE!VED
J U L ! 6 20112
7/16/2002
Pape, Sco
From:
Sent:
To:
Subject:
Heussi, Loretta
Tuesday, July 16, 2002 10:10 AM
Pape, Scott
FW: File 2002-269
..... Original Message .....
From: Mund, Diana
Sent: Sunday, July 14, 2002 9:42 PM
To: Heussi, Loretta
Subject: FW: File 2002-269
>
>
>From: delta97@bellsouth.net[SMTP:DELTA97@BELLSOUTH.NET]
>Sent: Sunday, July 14, 2002 9:45:13 PM
>To: pzmail@delrayplanning.org
>Subject: File 2002-269
>Auto forwarded by a Rule
>
Townhouses Villas Sobra Del Mar
628 SE 5th Street
Delray Beach Fl. 33483
Delray Planning Commission
Delray Beach, Fi. 33444
r,!:iVED
JUL 1 6 2002
& ZONII G
Dear Sir:
I am the President of the Villas Sobre Delma Homeowners Assosication. Our homes are
located on the corner of SE 5th Street and SE 7th Avenue right next to the property
referred to in file 2002-269 on 'SE 5th Street wherein it is proposed to change the zoning
to allow medium density housing where a single family home now exists.We strongly object
to this change.
As a twenty year resident of Delray and the Medical Director of Delray Fire Rescue, I have
seen the City grow tremendously, in many good ways. However, I am extremely distressed at
the proposed rezoning of the land on 5th Street referred to in File 2002-269.
The small quiet 5th Street neighborhood can in no way handle the increased traffic that a
medium density building will bring. The streets in the neighborhood have already been
made one way with no entreance but only exit routes in order to slow and decrease traffic.
Furthermore, Seventh Street is a one lane road. It is the only other street that one can
travel on in the area. Therefore, we object highly to the proposed zomning change and
urge the the Delray Planning Commission and the City to decline the request for increasing
the allowable density referred to in file 2002-269.
Sincerely yours,
Randall L. Wolff, M.D.
President, Townhouses Villas Sobre Del Mar
Howmoweners Association
628 SE 5th Street
Delray Beach, Fl. 33483
Pape, Scoff
From:
Sent:
To:
Subject:
Heussi, Loretta
Tuesday, July 16, 2002 10:09 AM
Pape, Scott
FW: FILE #2002-269
...... Original Message .....
From: Mund, Diana
Sent: Sunday, July 14, 2002 8:18 PM
To: Heussi, Loretta
Subject: FW: FILE #2002-269
>
>
>From: Brad & Melissa[SMTP:BRAD LEVINE@YAHOO.COM]
>Sent: Sunday, July 14, 2002 8:31:16 PM
>To: pzmail@delrayplanning.org
>Subject: FILE #2002-269
>Auto forwarded by a Rule
>
Dear Delray Planning and Zoning,
Thank you for taking this letter by email.
meeting.
ECEIVED
2002
I am unfortunate out of town for the July 15
We are the owners of 628 SE 5th Street #1, directly next door to Lot 11, Block 10sceola
Park, Plat Book 3, Page 2 - the property requesting the zoning reclassification from R-l-
AA (Single Family) to RM (Multiple family medium density).
We strongly request that ~his rezoning NOT be permitted. We have spoken with 4 property
owners who live with in 3 homes of the proposed districting and all have same serious
concerns.
We feel the property values on our street will decrease. On the east side of 7~h Avenue,
the homes are on the intercostal with prices often greater than $2.5 million.
Additionally, the intersection of SE 5th Street and 7th Avenue is a small one lane road
with 2 way traffic. This has not been a problem, however, with an increase of traffic
caused by the proposed rezoning, a dangerous amount of traffic could be expected,
especially with the young children of our area. Please note, approximately 1 year ago a
drunk driver crashed his car at this intersection at 6pm with children watchlng the entire
accident. Finally, an abundance of Multifamily units are currently being built within 1/8
mile of our properties causing us question the exact impact of additional Multifamily
housing proposed, including traffic, whether the new townhouses currently being built on
Federal Highway will hold their value and most importantly will the quality of the
neighborhood better.
We have watched Delray grow and have been very impressed all its many success and know the
Zoning Board will make the right decision. This is why we are proud to call Delray home.
We again strong ask that the zoning request be denied.
Sincerely,
Bradley Levine and Melissa Levine, MD
Property Owners
628 SE 5th Street #1
Delray Beach, FL 33483
Pape, Scoff
From:
Sent:
To:
Subject:
Randall Wolff [rwolff@hcdpbc.org]
Thursday, August 01, 2002 12:00 PM
'spape@delrayplanning.org'
SE 5th Street Townhome Project
As the adjacent neighbor to thi~ property, the residents of Villas Sobre Del Mar want to
strongly object to the proposed project of converting a single family home to medium
density townhomes. The streets in the area are already congested. Traffic calming
measures have been instituted by the City because of this.
The City should not approve this project this project in our opinion.
Randall L. Wolff, M.D.
President,
Villas Sobre Del Mar Association
628 SE 5th Street
Delray Beach, Fl. 33483
Frank D. Shapins, D.D.S., P.A.
505 S.E, 6"' Avenue
Delray 13each, l:lorida 33483
561-278-0004
8,2002
L)ch-a~,..I)each City Commission
'RECEIVED
CITY CLERK
Re: Rczoning 622 S.E. 5'~ Street
l)car Commis:4oncrs:
On August 20,2002 you will be considering the request ~o rezone the property a~ (,22 .";.1'..
5"' Strex:t from single 13.mily to multiple family zoning. 1! is my understandintz fi~al Ihl~
zoning wtll allow up ~o six units to be placed on this approx,natcly '/2 acre lot..Since I
mae of Ihe owners of the adjacent Dcmal Specialists Braiding. I am writing to cxpl c.ss
concen~ that ~l~e developmenl of llle adjacent property have adequate parking st, a.s not
cause over/low into our parking lot and tho! a problem is noi created that would place
ncighbor.s at odds.
When this concern was presemed to the Plam~ing and Zoning Doard meeting. ~l~c ~'i
blaII' advised ibc Board that "the competition Ibr fl~e spaces in ~l~c dell~al building parking
lot would bc less after 5PM" when most o['lhe residents would I, ave fi~ejr guests. Wl~en I
ol}}cctcd ~o dw idea of competition lbr our spaces, one ofd~e board members stmed
although out spaces are indeed private, It is a fact of lilb that thc public ollcn docs no~ sec
i~ ~l~a~ way and will tcnd to usc prlvmc spaces when available. These responses Imply thru
fl~e use of private p~king is being unofficially considered as m~ option in thc planning of
our city that is experiencing a shortage ofp~king. It also seems to indicalc that thc code
requirements lb~ parking are too low to provide adequate parking In -'real world"
We have been advised by both city officials and thc attorney Ibr thc property owner tlm~
il wc do have a problem with neighbors' cars in our lot, lhal we should low them.
Another option presenled w~ lO pul up a gale on our lot. These arc optious that mc cmly
going to create problems for all concerned. They are options that arc contrary to thc spiri~
of Community.
We ask that bclbre you approve re?oning, you have a site plan in hand. Wc ask that you
visualize where the residents, scrvtcc vehicles and gucst.~ will bc parking. Wc asr ~hm
you approve development that adds to thc quahty t)l'our arco and doc~ no~ crcalc aut,tl~c~
problem for i~clghbors. 0,~c¢ these problems are crea~cd, lt~cy arc csscnlially thc. re
1~),'c v¢~:.
'l'hank ~'ou for your allellfion 1o Ihi.~ matter.
Nine urcly, r, ~
Frank I). Shapins ~
C
GLE FAMILY RESiDENTiAL) DIS-
REI~R CT.AUS~ ,A 6AVING
~tESEN~Y ~D ~-I,-~A (S~
~ P~AY
~~TFA~
~S~~D~
~ ~R ~P~ ~