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88-91 ORDINANCE NO. 88-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-lA (SINGLE FAMILY DWELLING) DISTRICT IN RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT; SAID LAND BEING LOTS 23-28, BLOCK 5, SOUTHRIDGE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 38 AND 39 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the RM (Multiple Family Residential - Medium Density) District, as defined in Chapter Four of the Land Development Regulations of Delray Beach, Flori- da, to-wit: Lots 23-28, Block 5, Southridge, according to the Plat thereof recorded in Plat Book 13, Pages 38 and 39 of the Public Records of Palm Beach County, Florida. The above described parcel contains a 0.83 acre parcel of land, more or less. The subject property is located on the northeast corner of S.W. 8th Avenue and Douglass Avenue, 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.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 imme- diately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the llth day of Februa~ 1992. ATTEST: '~rCity C~erk r First Reading November 26, 1991 · Second Reading February 11, 1992 - S.~,¥. ! OFH STREET $-". . ,om 1 $.w. 1,1 r~4 ! I(SS~C St'. q . ~rNJA¥~# AY[. L)NTON BOULEVARD MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ORDINANCE NO. 88-91 DATE: February 7, 1992 The second reading and public hearing was held on this item at the December 10, 1991 regular commission meeting. At that time final action was deferred pending the replat of the property in question. This ordinance rezones Lots 23-28, Block 5, Southridge Subdivision from R-lA (Single Family Residential) to RM (Multiple Family Residential - Medium Density) zone district. The subject property consists of six single family lots which are 50 feet wide and vary in depth from 100 to 116 feet. Three lots front on Douglass Avenue and the other three front on S.W. 8th Avenue. If the rezoning application is approved, the applicant is proposing to abandon that portion of S.W. 8th Avenue between this property and the Groves development, and then combine the property for an expansion of the Groves. The petition that was submitted involves the rezoning of a portion of the Southridge Subdivision to a multi-family designation with no regard to its final build out. The Planning and Zoning Board at their November 18th meeting held a public hearing on this item. Both the public and the Board expressed concerns with regard to the access of the multi-family units through the Woods of Southridge and the ultimate development potential of the site with no guarantees. The Board then recommended approval of the rezoning request by a 3-2 vote (Purdo/Naron dissenting), with the condition that the plat and access easement be in place prior to the Commission taking action on the second reading of the ordinance. Subsequently, the applicant has replatted his property into a single parcel in order to mitigate concerns with regard to access from a single family development into a multiple family development. The plat has been submitted and is located elsewhere on your agenda for approval. Recommend approval of Ordinance No. 88-91. ORDINANCE NO. 88-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-lA (SINGLE FAMILY DWELLING) DISTRICT IN RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT; SAID LAND BEING LOTS 23-28, BLOCK 5, SOUTHRIDGE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 38 AND 39 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the RM (Multiple Family Residential - Medium Density) District, as defined in Chapter Four of the Land Development Regulations of Delray Beach, Flori- da, to-wit: Lots 23-28, Block 5, Southridge, according to the Plat thereof recorded in Plat Book 13, Pages 38 and 39 of the Public Records of Palm Beach County, Florida. The above described parcel contains a 0.83 acre parcel of land, more or less. The subject property is located on the northeast corner of S.W. 8th Avenue and Douglass Avenue, 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 o~dinance 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 imme- diately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of , 1991. MAYOR ATTEST: City Clerk First Reading Second Reading s.w'. III'~ S"TR [ LrT B[.SS~C ST. CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER FROM: JANET MEEKS, PLANNER II THRU: /D~VID J~ ~OVACS, DIRECTOR SUBJECT: MEETING OF NOVEMBER 26, 1991 ORDINANCE 88-91, REZONING OF R-lA (SINGLE FAMILY RESIDENTIAL) TO RM (MULTI-FAMILY) FOR LOTS 23-28, WOODS OF SOUTHRIDGE SUBDIVISION. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of Ordinance 88-91. The property involved is Lots 23-28, Woods of Southridge Subdivision. The rezoning is from R-lA (Single Family Residential) to RM (Multi-Family). The subject property is situated between S.W. 8th Avenue (unimproved) and Douglas Avenue. The site contains approximately .83 of an acre. BACKGROUND: The subject property consist of six single family lots. The property was recently purchased by Haggerty Associates who are the developers of the "Groves of Delray". It is declared by the applicant that upon consummation of this rezoning, he will seek abandonment of that portion of S.W. 8th Avenue between this property and the Groves, and then combine the property for an expansion of the Groves. The petition which was submitted involved the rezoning of a portion of of the Southridge subdivision to a multi-family designation with no guarantees in regard to its final build out. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of November 18th, the Planning and Zoning Board reviewed this item before a public hearing. Concerns of both the public and the Planning and Zoning Board where the access of the multi-family units through the Woods of Southridge and the ultimate development potential of the site with no guarantees. City Commission Documentation Ordinance 88-91, Rezoning of R-lA (Single Family Residential) to RM (Multi-Family) for Lots 23-28, Woods of Southridge Subdivision Page 2 In order to mitigate the above situation, the applicant agreed to a compromise position put forth in the staff report to ammended his petition to replat the property aggregating the property into a single parcel and the provision of a non-access easement along Douglas Avenue. (See attached staff report for additional information) The Board recommended approval of the rezoning request on a 3-2 vote (Purdo and Naron dissenting), with the condition that the plat and access easement be in place prior to the City Commission taking action on the second reading to consummate the rezoning. RECOMMEND ACTION: By motion, approval of Ordinance 88-91 on first reading with the condition that the plat and access easement be in place prior to the second reading. Attachment: * P&Z Staff Report jcm/#9:hagerty November 18, 1991 To: David Kovacs, Director of Planning and Zoning, City of Delray Beach, Florida. From: Brian Haggerty. Re: Rezoning of Lots 23-28 inclusive, Block 5, Southridge Subdivision, from R-iA to RM. We have read the staff report and agree with their position, and request that we move forward with approval for this rezoning by our agreeing to abide by the following conditions: Change petition to agree to plat property aggregating all lots, and by providing a non-access easement along Douglas Avenue. Further, we want to reiterate that it is our inten- tion to incorporate these lots into The Groves of Delray development plan. Thank you. BH:hb PLANNING & ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT--- MEETING DATE: November 18, 1991 AGENDA ITEM: [[[.B. ITEM: Rezonin~ from R-IA to RM, Lots 2~-28j.Woods of SouthF~e Subdivision. Property is to be combined with "The Groves". $.w. 111'14 ~.,,. -,,.. .- "~ f" . 11 I I It ' ! - ' I/~/ i I ! II. I~1 II .. .- lh l., .. ' ~.~. ~lm ~. · '1'11~ IIII~11 '! I '1 ! i GENERAL DATA: Owner ......................... Brian Haggerty Agent ......................... Haggerty Associates Location ...................... On the northeast corner of S.W. 8th Avenue and Douglas Avenue. Property Size ................. 0.83 Acres City Land Use Plan ............ Redevelopment Area #3 City Zoning ................... R-IA (Single Family Residential) Proposed Zoning ............... ~M (Multi-Family Residential) Adjacent Zoning ............... North: R-lA East: R-IA South: R-lA West: RM Ex[sting Land Use ............. Vacant Proposed Land Use ............. Subject property is to be incorporated into a multi-family project to the west. Water Service ................. Ex[sting 6" water main along Douglas Avenue. Sewer Service ................. Existing 8" sanitary sewer lime along Douglas Avenue. III.B ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendatlon~on a proposed Rezoning from R-IA (Single Family Residential) to RM (Multiple Family Residential) for Lots 23-28 inclusive, Block 5 of Southridge Subdivision. The subject property is located north of Llnton Boulevard, within the single family subdivision of Woods of Southridge and situated between S.W. 8th Avenue (unimproved) and Douglas Avenue. The site contains approximately .83 of an acre. BACKGROUND: The subject property consist of six single family lots. The lots were platted on September 16, 1925 as part of the Southridge Subdivision. While there is no specific development history on these parcels, it is important to note existing conditions and the relationship of this rezoning to the proposed "Groves of Delray" project. The property is vacant. Three lots front on Douglas where a fence has been erected by the Woods of Southridge Association; thus, blocking access. Three lots front on S.W. 8th Avenue which is unimproved. S.W. 8th Avenue is also fenced off within the Woods of Southridge. During annexation hearings associated with "The Groves", there was a clear expression that there would be no access to The Groves via S.W. 8th Avenue. This property was recently (August 29, 1991) purchased by Haggerty Associates who has a linkage to the Groves of Delray residential project which is currently in site plan review before SPRAB. As The Groves of Delray is being processed as a senior citizen development with tax credit financing, this rezoning action is also tied to the item of affordable housing. Putting'all these items together, the request becomes a bit more complicated than that one would find in a straight rezoning consideration. PROJECT DESCRIPTION: The request is to rezone'six R-lA lots to six RM lots. The Lots are 50' wide with varying depths of 100'-116'. It is declared by the applicant that upon consummation of this rezoning, he will seek abandonment of that portion of S.W. 8th Avenue between this property and The Groves, and then combine the property for an expansion of The Groves. All access to The Groves will be from other than through the Woods of Southridge. P&Z Staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-lA to RM Page 2 P RO J ECT A NALY S I S: REQUIRED FINDINGS: 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. (1) 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 property is designated as Redevelopment Area #2 on the Future Land Use Map. Pursuant to the Land Use Element: This designation is applied to those areas which have been identified in the Land Use Element as being in need of redevelopment. Development shall occur pursuant to a specific "redevelopment plan" which is to be prepared pursuant to Objective C-2 of the Land Use Element. If a development proposal is presented to the City Prior to the creation and adoption of a redevelopment plan, that proposal shall be handled in one of the following ways: a. The application shall be placed on hold for not more than six months while the redevelopment plan is prepared; b. the application shall be processed on a case-by-case basis with the existing Zoning Map, the Land Use Element, and Housing Element providing the Local Planning Agency with the policy guidance needed to properly dispose of the application. It is appropriate to consider this application on a case specific basis due to its limited nature (small scale) and acknowledging that the Redevelopment Plan for Area #2 is not scheduled until FY 93/94 (Ref: LUE Policy C-2.8). With respect to the "policy guidance" items, the following is provided. The existing zoning is R-1-A as is adjacent zoning to the east, north, · and south. To the west is RM (The Groves). It is clear that the current zoning patter reflects existing conditions (i.e. platted lots are R-l-A, unplatted parcels are RM). If the property were (as is proposed) legally tied to The Groves, consistency would be presumed. P&Z Staff Report Woods o~ Southridge, Lots 23-28, Block 5 - Rezoning from R-iA to RM Page 3 The Land Use Element, through Policy C-2.8, states that residential use is most appropriate for this portion of Redevelopment Area #2. There is no distinction between the type of housing. The Housing Element, specifically through Objective B-2, sets forth policies and programs for redevelopment of substandard neighborhoods and the provision of infill housing. The Element also addresses meeting unmet housing needs of special populations. The property, since it is a part of the Woods of Southridge, is designated in the "stabilization" category; while, the vacant property to the west is "redevelopment"; to the north the designation is "revitalization/rehabilitation". Please refer to the later discussion under Consistency for more discussion regarding other plan policies. By combining this property (as is proposed) with the Groves it is seems that objectives of the Housing Element will be promoted. However, without such a linkage the rezoning would create an opportunity for inappropriate infill. (2) Concurrency: Concurrency as defined pursuant to Objective B-2 of the Land Use Element 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 that this is nondevelopment specific rezoning consideration only a broad approach to concurrency needs to be taken at this time. The purpose of this broader look is to insure that problem areas are identified or to determine if the increased development potential (per "upzoning") would create service provision problems. Each service is briefly addressed. Also, a comparison is made with respect to the existing development potential of six single family detached units. Water: A 6" water main runs along the south side of Douglas Avenue. While service can be extended into the site from that main, it is inappropriate to do so if the property is united with The Groves. However a connection may be required to enhance overall system reliability and functionally. Also, while a fire hydrant is located 100' south of the subject property it would not be accessible to The Groves. Thus, additional fire suppression will be required. Sewer: Similarly the 8" sewer main which exists in Douglas Avenue and which ends at a manhole adjacent to Lot 24 is not appropriate for use for the multiple family use. Drainage: Ail drainage will need to be accommodated on site. No problems are anticipated in accommodating drainage. P&Z Staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-iA to RM Page 4 Streets and Traffic: Pursuant to Palm Beach County Traffic Performance Ordinance #90-40, residential developments east of 1-95 are exempt from its provisions with the exception of provision of traffic generation information. A traffic statement has been provided. A total of 60 trips per day are already vested for the single family residential lots. If 14 multi family units are constructed (as is proposed), 98 trips per day would be generated. This would leave a balance of 38 additional trips which would .impact the roadway system. All of the above trips would not impact the Woods of Southridge since they will be directed through The Groves project. Parks: OS standards in terms of park area are accommodated in this portion of the community. Pursuant to Section 2.4.3(K)(4)(a), an in-lieu Park Dedication Fee of $500.00 will be assessed for each residential unit. This fee will be directed to providing facilities (park components) for the new residents. Solid Waste: With the proposal to link this land with The Groves and considering the proposed nature of The Groves (senior citizen housing), there will be less solid waste generation than would be found if individual lot (single family detached) development occurred. Because of the small scale of the project itself, there will be minimal impact regarding solid waste. (3) Consistency: Compliance with the performance standards set forth in Section 3.3.2, along with the required findings in Section 2.4.5, shall be the basis upon which a finding of overall consistency is to be made. Other objectiwes and policies found in the adopted Comprehensive Plan may be used in making of a finding of overall consistency. The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: Section 3.3.2 - Standards for Rezoning Actions: A) Performance Standard 3.3.2(A) states that a rezoning to other than CF within stable residential areas shall be denied. * This standard does not apply. B) Performance Standard 3.3.2(B) states: Affordable housing for moderate and middle income families, particularly first time home buyers, may be achieved through increases in density when it can be demonstrated that the increase will result in a more affordable product provided that other policies of the Housing Element are maintained. · P&Z Staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-iA to RM Page 5 * While affordable housing is tied to this rezoning application, the targeted population is limited to persons over 55 as opposed to first time home buyers. The density increase being sought is directed more to the housing type (apartments) as opposed to just increasing unit count. The application is not inconsistent with this standard. C) Performance Standard 3.3.2(C) pertains to strip commercial use. * It does not apply. D) Performance Standard 3.3.2(D) states: That the rezone 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. * As the petition stands today, it is inappropriate to rezone a portion of a predominately single family subdivision to multi-family with no guarantees in regard to its final build out. Once rezoned, the property would consist of 6 individual multi-family lots taking access through a single family residential neighborhood. (Please refer to the discussion of use of lots of record in the LDR compliance section of this report.) * The above situation should be mitigated. One method in which this could be accomplished would be to consider a revised petitions which aggregates the property into a single parcel and which restricts access from the parcel onto streets within The Woods of Southridge (restricting access only to the north or west). Other aspects Of the Comprehe~siue Plan: The following relates to the other aspects of the Comprehensive Plan which have some bearing upon this application. Only land use related items are addressed. Those policies which pertain to the affordable housing aspect of the request (as it relates to The Groves of Delray) are more appropriately addressed when considering that site plan application which is under review for consideration by SPRAB. Policy C-2.4, Development of remaining vacant properties which are zoned for residential purposes shall be developed in a manner which is consistent with adjacent development regardless of zoning designations. These policies shall be implemented through the review process associated with platting and site plans and shall be effective immediately. P&Z Staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-lA to RM Page 6 * As identified earlier, as long as the property is associated with The Groves without access through the Woods of Southridge this policy is not diminished. Already there exists a boundary between multiple family and single family housing, the issue (if there is one) is essentially where that boundary should be.. Policy C-4.2, If it is determined that the City should provide additional low to moderate income units through additional housing projects, target areas shall be identified and reflected on the Land Use Map through a formal plan amendment. However, such locations shall not occur within areas currently designated as "rehabilitation" or "stabilization" and revitalization" areas. * As identified earlier, this site is classified as "stabilization"; the purpose of the rezoning is to provide housing for a targeted area. However, if this property were linked exclusively to the property to the west, the boundaries of the residential classification map would be adjusted accordingly. Policy C-4.4f until such time as the plan amendment of Policy C-4.2 is adopted, the City shall not engage or entertain programs for additional low-moderate income housing, especially within "Rehabilitation and Stabilization and Revitalization" areas except as provided for under Goal Areas "A" an "B". * See the above response. Note: Goal Areas "A" and "B" would involve activities undertaken in programs of neighborhood stabilization and pursuant to redevelopment strategies. (4) LDR Compliance: Whenever an item (finding) is identified in the LDRs it shall, specifically .be addressed by the body taking final action on. a land development application/request. Such items are found in Section 2.4.5, and special regulations found within individual zoning districts. Pursuant to Section 2.4.5(D)(1), a justification statement providing the reason for which a Change in zoning is being sought must accompany the request. The- code further identifies certain valid reasons for approving the change 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. circumstance which makes the current zoning inappropriate; ~&Z Staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-lA to RM Page 7 * That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more approDriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant submitted a justification statement which states the following reasons for the change being sought: "This change is compatible to the Future Land Use Map, in that this property isn't only within a redevelopment area of the City, but also adjacent to existing RM property. Further, this RM zoning will be necessary in the future to encourage redevelopment of adjacent properties to the north that is presently a blighted area." The applicant apparently has chosen the last of the above for a valid reason to rezone the property. Since there is no underlying designation for redevelopment areas on the Future Land Use Map, the Planning and Zoning Board will need to determine whether or not the requested zoning is of similar intensity. To assist in that decision, it may be more appropriate to consider the factor dealing with a change in circumstance. That change in circumstance would be the legal combination of this property with the RM property to the west and appropriate restrictions on access. Other Considerations: The existing lots are lots of record. However, they do not meet the minimum lot area or the minimum lot width for the R-lA zoning district or the RM zone district. Accordingly, pursuant to Section 4.1.4~ Use of Lots of Record: Any lot, or parcel, of record which qualifies as a lot of record as set forth in these Regulations, but which does not comply with respect to minimum lot area and minimum lot dimensions specified for the zoning district in which it is located, may nevertheless be used (for purposes as allowed in that zoning district), as long as it complies with all other requirements for that zoning district, with the following exceptions. (A) Duplex and multiple family structures may not be constructed on a lot which has an area of less than that provided for as minimum lot area within the zoning district. While this section seems to preclude any multi-family development on the subject property as submitted (i.e. without a tie to The Groves), the aggregation of two or more lots would provide for compliance and the ability to construct duplexes or multi-family structures. P&Z Staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-lA to RM Page 8 REVIEW BY OTHERS: The development proposal is not in a geographic areas requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority), or the CRA (Community Redevelopment Agency). Notice has been provided to owners of property within 500 feet of the site and a Special Notice has been provided to the Woods of Southridge Association. No written responses have been received. Some phone calls have been accommodated. A S S E S S M.,E. N T A N D C O N C L U S I O N S: The key to accommodating this requested rezonlng rests with being able to demonstrate a change in circumstance -- specifically, that the property under consideration is no longer a part of the Woods of Southridge but is a part of The Groves. Without such, the rezoning would be inappropriate due to: * it putting RM zoning in a stabilization area which is zoned R-i-A; * access for the multiple family units would travel through a single family neighborhood; * a potential is created for .the "forced" opening up of S.W. 8th Avenue as an access to the property (and hence, into the Woods of Southridge). While an intention to accommodate the property with The Groves is stated, the petition at hand involves the rezoning of individual lots which are. a part of Southridge Subdivision. Given the above assessment, it appears most prudent to recommend denial of the petition as it stands with a comment that if the petition were modified (as discussed in this report), it would be appropriate to p~oceed with the rezoning to RM. A L T E R N A T I V E C O U R S E S O F A C T I O N: 1. Forward the petition with a recommendation of denial based upon not being able to make necessary findings. 2. Continue with direction. P&Z Staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-iA to RM Page 9 3. Forward the petition with a recommendation of approval conditioned upon modifications to the petition. This action should be taken only if an offer of modification is put forth by the applicant. RECOMMENDED COURSE OF ACTION: By motion, recommend denial of the rezoning petition based upon a determination that, as submitted, the granting of the rezoning would result in: 1. a potential use of land which is inconsistent with the Future Land Use Map and its governing policies; 2. incompatibility created by the routing of traffic from a multi-family development through an established residential neighborhood; and, 3. the application of a zone district designation upon individual properties which do not meet the minimum development standards for that district. Attachments: * location map showing relationship to The Groves * schematic showing how the property may be developed as a part of The Groves DJK/#87/HAGERTY. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ ORDINANCE NO. 88-91 DATE: December 6, 1991 This is a second reading of an ordinance rezoning Lots 23-28, Block 5, Southridge Subdivision from R-lA (Single Family Residential) to RM (Multiple Family Residential - Medium Density) zone district. The subject property consists of six single family lots which are 50 feet wide and vary in depth from 100 to 116 feet. Three lots front on Douglass Avenue and the other three front on S.W. 8th Avenue. If the rezoning application is approved, the applicant is proposing to abandon that portion of S.W. 8th Avenue between this property and the Groves development, and then combine the property for an expansion of the Groves. The petition that was submitted involved the rezoning of a portion of the Southridge Subdivision to a multi-family designation with no regard to its final build out. The Planning and Zoning Board at their November 18th meeting held a public hearing on this item. Both the public and the Board expressed concerns with regard to the access of the multi-family units through the Woods of Southridge and the ultimate development potential of the site with no guarantees. In order to mitigate the above concerns, the applicant agreed to amend his petition to replat the property; thus, aggregating the property into a single parcel and to provide a non-access easement along Douglass Avenue. The Board then recommended approval of the rezoning request by a 3-2 vote (Purdo/Naron dissenting), with the condition that the plat and access easement be in place prior to the Commission taking action on the second reading of the ordinance. Those actions have not been completed. However, as this item has been advertised for public hearing, the Commission should open the hearing on this item and continue final action until such time as the conditions as recommended by the Planning and Zoning Board are met. Recommend continuation of Ordinance No. 88-91, until such time as the conditions as recommended by the Planning and Zoning Board are met. g (cprn 8oL,cn P o-F' Limi'r s-new, n-non, Bust- no Ionq __. % MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ ORDINANCE NO. 88-91 DATE: November 22, 1991 This is a first reading of an ordinance rezoning Lots 23-28, Block 5, Southridge Subdivision from R-lA (Single Family Residential) to RM (Multiple Family Residential - Medium Density) zone district. The subject property consists of six single family lots which are 50 feet wide and vary in depth from 100 to 116 feet. Three lots front on Douglass Avenue and the other three front on S.W. 8th Avenue. If the rezoning application is approved, the applicant is proposing to abandon that portion of S.W. 8th Avenue between this property and the Groves development, and then combine the property for an expansion of the Groves. The petition that was submitted involved the rezoning of a portion of the Southridge Subdivision to a multi-family designation with no regard to its final build out. The Planning and Zoning Board at their November 18th meeting held a public hearing on this item. Both the public and the Board expressed concerns with regard to the access of the multi-family units through the Woods of Southridge and the ultimate development potential of the site with no guarantees. In order to mitigate the above concerns, the applicant agreed to amend his petition to replat the property; thus, aggregating the property into a single parcel and to provide a non-access easement along Douglass Avenue. The Board then recommended approval of the rezoning request by a 3-2 vote (Purdo/Naron dissenting), with the condition that the plat and access easement be in place prior to the Commission taking action on the second reading of the ordinance. Recommend approval of Ordinance No. 88-91, subject to the conditions as recommended by the Planning and Zoning Board. ORDINANCE NO. 88-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-lA (SINGLE FAMILY DWELLING) DISTRICT IN RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT; SAID LAND BEING LOTS 23-28, BLOCK 5, SOUTHRIDGE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 38 AND 39 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the RM (Multiple Family Residential - Medium Density) District, as defined in Chapter Four of the Land Development Regulations of Delray Beach, Flori- da, to-wit: Lots 23-28, Block 5, Southridge, according to the Plat thereof recorded in Plat Book 13, Pages 38 and 39 of the Public Records of Palm Beach County, Florida. The above described parcel contains a 0.83 acre parcel of land, more or less. The subject property is located on the northeast corner of S.W. 8th Avenue and Douglass Avenue, 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 imme- diately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of , 1991. MAYOR ATTEST: City Clerk First Reading Second Reading ~.w. IIF'H C'I"ILA c)nrv'T DOUC:LAS$ 8LSSIC OU[EN$ , ,, ~('~JA~flN AY[. LINTON BOULEVARD REZONING FROH R-lA TO RM -] SOUTHRI DGE BLOCK CITY COM~I S S I ON DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER FROM: JANET MEEKS, PLANNER II ~VID J~ ~OVACS, DIRECTOR SUBJECT: MEETING OF NOVEMBER 26, 1991 ORDINANCE 88-91, REZONING OF R-lA (SINGLE FAMILY RESIDENTIAL) TO RM (MULTI-FAMILY) FOR LOTS 23-28, WOODS OF SOUTHRIDGE SUBDIVISION. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of Ordinance 88-91. The property involved is Lots 23-28, Woods of Southridge Subdivision. The rezoning is from R-lA (Single Family Residential) to RM (Multi-Family). The subject property is situated between S.W. 8th Avenue (unimproved) and Douglas Avenue. The site contains approximately .83 of an acre. BACKGROUND: The subject property consist of six single family lots. The property was recently purchased by Haggerty Associates who are the developers of the "Groves of Delray". It is declared by the applicant that upon consummation of this rezoning, he will seek abandonment of that portion of S.W. 8th Avenue between this property and the Groves, and then combine the property for an expansion of the Groves. The petition which was submitted involved the rezoning of a portion of of the Southridge subdivision to a multi-family designation with no guarantees in regard to its final build out. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of November 18th, the Planning and Zoning Board reviewed this item before a public hearing. Concerns of both the public and the Planning and Zoning Board where the access of the multi-family units through the Woods of Southridge and the ultimate development potential of the site with no guarantees. City Commission Documentation Ordinance 88-91, Rezoning of R-iA (Single Family Residential) to RM (Multi-Family) for Lots 23-28, Woods of Southridge Subdivision Page 2 In order to mitigate the above situation, the applicant agreed to a compromise position put forth in the staff report to ammended his petition to replat the property aggregating the property into a single parcel and the provision of a non-access easement along Douglas Avenue. (See attached staff report for additional information) The Board recommended approval of the rezoning request on a 3-2 vote (Purdo and Naron dissenting), with the condition that the plat and access easement be in place prior to the City Commission taking action on the second reading to consummate the rezoning. RECOMMEND ACTION: By motion, approval of Ordinance 88-91 on first reading with the condition that the plat and access easement be in place prior to the second reading. Attachment: * P&Z Staff Report jcm/#9:hagerty November 18, 1991 To: David Kovacs, Director of Planning and Zoning, City of Delray Beach, Florida. From: Brian Haggerty. Re: Rezoning of Lots 23-28 inclusive, Block 5, Southridge Subdivision, from R-iA to RM. We have read the staff report and agree with their position, and request that we move forward with approval for this rezoning by our agreeing to abide by the following conditions: Change petition to agree to plat property aggregating all lots, and by providing a non-access easement along Douglas Avenue. Further, we want to reiterate that it is our inten- tion to incorporate these lots into The Groves of Delray development plan. Thank you. BH:hb PLANNING & ZONING BOARD CITY OF DELRAY BEACH STAFF REPORT--- MEETING DATE: November 18, 1991 AGENDA ITEM: III.B. ITEM: Rezoning from R-lA to EH, Lots 23-28, Woods of Southrid~e Subdivision. Property is to be combined with "The Croves". GENERAL DATA: Owner ......................... Brian Haggerty Agent ......................... Haggerty Associates Location ...................... On the northeast corner of S.W. 8th Avenue and Douglas Avenue. Property Size ................. 0.83 Acres City Land Use Plan ............ Redevelopment Area #3 City Zoning ................... R-IA (Single Family Residential) Proposed Zoning ............... RM (Multi-Family Residential) Adjacent Zoning ............... North: R-lA East: R-lA South: R-lA West: RM Existing Land Use ............. Vacant Proposed Land Use ............. Subject property is to be incorporated into a multi-family project to the west. Water Service ................. Existing 6" water main along Douglas Avenue. Sewer Service ................. Existing 8" sanitary sewer line along Douglas Avenue. III.B. ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation on a proposed Rezoning from R-lA (Single Family Residential) to RM (Multiple Family Residential) for Lots 23-28 inclusive, Block 5 of Southridge Subdivision. The subject property ts located north of Lfnton Boulevard, within the single family subdivision of Woods of Southridge and situated between S.W. 8th Avenue (unimproved) and Douglas Avenue. The site contains approximately .83 of an acre. B A C K G R O U N D: The subject property consist of six single family lots. The lots were platted on September 16, 1925 as part of the Southridge Subdivision. While there is no specific development history on these parcels, it is important to note existing conditions and the relationship of this rezoning to the proposed "Groves of Delray" project. The property is vacant. Three lots front on Douglas where a fence has been erected by the Woods of Southridge Association; thus, blocking access. Three lots front on S.W. 8th Avenue which is unimproved. S.W. 8th Avenue is also fenced off within the Woods of Southridge. During annexation hearings associated with "The Groves", there was a clear expression that there would be no access to The Groves via S.W. 8th Avenue. This property was recently (August 29, 1991) purchased by Haggerty Associates who has a linkage to the Groves of Delray residential project which is currently in site plan review before SPRAB. As The Groves of Delray is being processed as a senior citizen development with tax credit financing, this rezoning action is also tied to the item of affordable housing. Putting all these items together, the request becomes a bit more complicated than that one would find in a straight rezoning consideration. PROJECT DESCRIPTION: The request is to rezone six R-lA lots to six RM lots. The Lots are 50' wide with varying depths of 100'-116'. It is declared by the applicant that upon consummation of this rezoning, he will seek abandonment of that portion of S.W. 8th Avenue between this property and The Groves, and then combine the property for an expansion of The Groves. All access to The Groves will be from other than through the Woods of Southridge. P&Z Staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-lA to RM Page 2 P RO J E CT ANALY S I $: REQUIRED FINDINGS: Pursuant to Section 3.1.! (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. (1) 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 property is designated as Redevelopment Area #2 on the Future Land Use Map. Pursuant to the Land Use Element: This designation is applied to those areas which have been identified in the Land Use Element as being in need of redevelopment. Development shall occur pursuant to a specific "redevelopment plan" which is to be prepared pursuant to Objective C-2 of the Land Use Element. If a development proposal is presented to the City Prior to the creation and adoption of a redevelopment plan, that proposal shall be handled in one of the following ways: a. The application shall be placed on hold for not more than six months while the redevelopment plan is prepared; b. the application shall be processed on a case-by-case basis with the existing Zoning Map, the Land Use Element, and Housing Element providing the Local Planning Agency with the policy guidance needed to properly dispose of the application. It is appropriate to consider this application on a case specific basis due to its limited nature (small scale) and acknowledging that the Redevelopment Plan for Area #2 is not scheduled until FY 93/94 (Ref: LUE Policy C-2.8). With respect to the "policy guidance" items, the following is provided. The existing zoning is R-1-A as is adjacent zoning to the east, north, and south. To the west is RM (The Groves). It is clear that the current zoning patter reflects existing conditions (i.e. platted lots are R-I-A, unplatted parcels are RM). If the property were (as is proposed) legally tied to The Groves, consistency would be presumed. P&Z Staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-IA to RM Page 3 The Land Use Element, through Policy C-2.8, states that residential use is most appropriate for this portion of Redevelopment Area #2. There is no distinction between the type of housing. The Housing Element, specifically through Objective B-2, sets forth policies and programs for redevelopment of substandard neighborhoods and the provision of infill housing. The Element also addresses meeting unmet housing needs of special populations. The property, since it is a part of the Woods of Southridge, ts designated in the "stabilization" category; while, the vacant property to the west is "redevelopment"; to the north the designation is "revitalization/rehabilitation". Please refer to the later discussion under Consistency for more discussion regarding other plan policies. By combining this property (as is proposed) with the Groves it is seems that objectives of the Housing Element will be promoted. However, without such a linkage the rezoning would create an opportunity for inappropriate infill. (2) Concurrency: Concurrency as defined pursuant to Objective B-2 of the Land Use Element 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 that this is nondevelopment specific rezoning consideration only a broad approach to concurrency needs to be taken at this time. The purpose of this broader look is to insure that problem areas are identified or to determine if the increased development potential (per "upzoning") would create service provision problems. Each service is briefly addressed. Also, a comparison is made with respect to the existing development potential of six single family detached units. Water: A 6" water main runs along the south side of Douglas Avenue. While service can be extended into the site from that main, it is inappropriate to do so if the property is united with The Groves. However a connection may be required to enhance overall system reliability and functionally. Also, while a fire hydrant is located 100' south of the subject property it would not be accessible to The Groves. Thus, additional fire suppression will be required. Sewer: Similarly the 8" sewer main which exists in Douglas Avenue and which ends at a manhole adjacent to Lot 24 is not appropriate for use for the multiple family use. Drainage: All drainage will need to be accommodated on site. No problems are anticipated in accommodating drainage. P&Z Staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-iA to RM Page 4 Streets and Traffic: Pursuant to Palm Beach County Traffic Performance Ordinance #90-40, residential developments east of 1-95 are exempt from its provisions with the exception of provision of traffic generation information. A traffic statement has been provided. A total of 60 trips per day are already vested for the single family residential lots. If 14 multi family units are constructed (as is proposed), 98 trips per day would be generated. This would leave a balance of 38 additional trips which would impact the roadway system. Ail of the above trips would not impact the Woods of Southridge since they will be directed through The Groves project. Parks: OS standards in terms of park area are accommodated in this portion of the community. Pursuant to Section 2.4.3(K)(4)(a), an in-lieu Park Dedication Fee of $500.00 will be assessed for each residential unit. This fee will be directed to providing facilities (park components) for the new residents. Solid Waste: With the proposal to link this land with The Groves and considering the proposed nature of The Groves (senior citizen housing), there will be less solid waste generation than would be found if individual lot (single family detached) development occurred. Because of the small scale of the project itself, there will be minimal impact regarding solid waste. (3) Consistency: Compliance with the performance standards set forth in Section 3.3.2, along with the required findings in Section 2.4.5, 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 making of a finding of overall consistency. The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: Section 3.3.2 - Standards for Rezoninq Actions: A) Performance Standard 3.3.2(A) states that a rezoning to other than CF within stable residential areas shall be denied. * This standard does not apply. B) Performance Standard 3.3.2(B) states: Affordable housing for moderate and middle income families, particularly first time home buyers, may be achieved through increases in density when it can be demonstrated that the increase will result in a more affordable product provided that other policies of the Housing Element are maintained. P&Z Staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-iA to RM Page 5 * While affordable housing is tied to this rezoning application, the targeted population is limited to persons over 55 as opposed to first time home buyers. The density increase being sought is directed more to the housing type (apartments) as opposed to just increasing unit count. The application is not inconsistent with this standard. C) Performance Standard 3.3.2(C) pertains to strip commercial use. * It does not apply. D) Performance Standard 3.3.2(D) states: That the rezone 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. * As the petition stands today, it is inappropriate to rezone a portion of a predominately single family subdivision to multi-family with no guarantees in regard to its final build out. Once rezoned, the property would consist of 6 individual multi-family lots taking access through a single family residential neighborhood. (Please refer to the discussion of use of lots of record in the LDR compliance section of this report.) * The above situation should be mitigated. One method in which this could be accomplished would be to consider a revised petitions which aggregates the property into a single parcel and which restricts access from the parcel onto streets within The Woods of Southridge (restricting access only to the north or west). Other aspects of the Comprehensive Plan: The following relates to the other aspects of the Comprehensive Plan which have some bearing upon this application. Only land use related items are addressed. Those policies which pertain to the affordable housing aspect of the request (as it relates to The Groves of Delray) are more appropriately addressed when considering that site plan application which is under review for consideration by SPRAB. Policy C-2.4, Development of remaining vacant properties which are zoned for residential purposes shall be developed in a manner which is consistent with adjacent development regardless of zoning designations. These policies shall be implemented through the review process associated with platting and site plans and shall be effective immediately. P&Z Staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-iA to RM Page 6 * As identified earlier, as long as the property is associated with The Groves without access through the Woods of Southridge this policy is not diminished. Already there exists a boundary between multiple family and single family housing, the issue (if there is one) is essentially where that boundary should be. Policy C-4.2, If it is determined that the City should provide additional low to moderate income units through additional housing projects, target areas shall be identified and reflected on the Land Use Map through a formal plan amendment. However, such locations shall not occur within areas currently designated as "rehabilitation" or "stabilization" and revitalization" areas. * As identified earlier, this site is classified as "stabilization"; the purpose of the rezoning is to provide housing for a targeted area. However, if this property were linked exclusively to the property to the west, the boundaries of the residential classification map would be adjusted accordingly. Policy C-4.4~ until such time as the plan amendment of Policy C-4.2 is adopted, the City shall not engage or entertain programs for additional low-moderate income housing, especially within "Rehabilitation and Stabilization and Revitalization" areas except as provided for under Goal Areas "A" an "B". * See the above response. Note: Goal Areas "A" and "B" would involve activities undertaken in programs of neighborhood stabilization and pursuant to redevelopment strategies. (4) LDR Compliance: Whenever an item (finding) is identified in the LDRs it shall specifically be addressed by the body taking final action on. a land development application/request. Such items are found in Section 2.4.5, and special regulations found within individual zoning districts. Pursuant to Section 2.4.5(D)(1), a justification statement providing the reason for which a change in zoning is being sought must accompany the request. The code further identifies certain valid reasons for approving the change 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 circumstance which makes the current zoning inappropriate; 'P&Z Staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-lA to RM Page 7 * 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 submitted a justification statement which states the following reasons for the change being sought: "This change is compatible to the Future Land Use Map, in that this property isn't only within a redevelopment area of the City, but also adjacent to existing RM property. Further, this RM zoning will be necessary in the future to encourage redevelopment of adjacent properties to the north that is presently a blighted area." The applicant apparently has chosen the last of the above for a valid reason to rezone the property. Since there is no underlying designation for redevelopment areas on the Future Land Use Map, the Planning and Zoning Board will need to determine whether or not the requested zoning is of similar intensity. To assist in that decision, it may be more appropriate to consider the factor dealing with a change in circumstance. That change in circumstance would be the legal combination of this property with the RM property to the west and appropriate restrictions on access. Other Considerations: The existing lots are lots of record. However, they do not meet the minimum lot area or the minimum lot width for the R-lA zoning district or the RM zone district. Accordingly, pursuant to Section 4.1.4t Use of Lots of Record: Any lot, or parcel, of record which qualifies as a lot of record as set forth in these Regulations, but which does not comply with respect to minimum lot area and minimum lot dimensions specified for the zoning district in which it is located, may nevertheless be used (for purposes as allowed in that zoning district), as long as it complies with all other requirements for that zoning district, with the following exceptions. (A) Duplex and multiple family structures may not be constructed on a lot which has an area of less than that provided for as minimum lot area within the zoning district. While this section seems to preclude any multi-family development on the subject property as submitted (i.e. without a tie to The Groves), the aggregation of two or more lots would provide for compliance and the ability to construct duplexes or multi-family structures. P&Z Staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-IA to RM Page 8 REVIEW BY OTHERS: The development proposal is not in a geographic areas requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority), or the CRA (Community Redevelopment Agency). Notice has been provided to owners of property within 500 feet of the site and a Special Notice has been provided to the Woods of Southridge Association. No written responses have been received. Some phone calls have been accommodated. ASSESSMENT AND CONCLUSIONS: The key to accommodating this requested rezontng rests with being able to demonstrate a change in circumstance -- specifically, that the property under consideration is no longer a part of the Woods of Southridge but is a part of The Groves. Without such, the rezoning would be inappropriate due to: * it putting RM zoning in a stabilization area which is zoned R-l-A; * access for the multiple family units would travel through a single family neighborhood; * a potential is created for the "forced" opening up of S.W. 8th Avenue as an access to the property (and hence, into the Woods of Southridge). While an intention to accommodate the property with The Groves is stated, the petition at hand involves the rezoning of individual lots which are. a part of Southridge Subdivision. Given the above assessment, it appears most prudent to recommend denial of the petition as it stands with a comment that if the petition were modified (as discussed in this report), it would be appropriate to proceed with the rezoning to RM. ALTERNATIVE COURSES OF ACTION: 1. Forward the petition with a recommendation of denial based upon not being able to make necessary findings. 2. Continue with direction. P&Z Staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-iA to RM Page 9 3. Forward the petition with a recommendation of approval conditioned upon modifications to the petition. This action should be taken only if an offer of modification is put forth by the applicant. RECOMMENDED COURSE OF ACTION: By motion, recommend denial of the rezoning petition based upon a determination that, as submitted, the granting of the rezoning would result in: 1. a potential use of land which is inconsistent with the Future Land Use Map and its governing policies; 2. incompatibility created by the routing of traffic from a multi-family development through an established residential neighborhood; and, 3. the application of a zone district designation upon individual properties which do not meet the minimum development standards for that district. Attachments: * location map showing relationship to The Groves * schematic showing how the property may be developed as a part of The Groves DJK/#87/HAGERTY.