Loading...
Ord 05-08 i \ ORDINANCE NO. OS-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTNITIES DISTRICT) TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING A PARCEL LOCATED EAST OF MIDTOWN DELRAY (FKA BLOOD'S HAMMOCK GROVES) AND WEST OF ORCHARD VIEW PARK, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2007"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated Apri12007, as being zoned SAD (Special Activities District); and WHEREAS, at its meeting of January 28, 2008, 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, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has detennined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; 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 recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the 1 same is hereby amended to reflect a zoning classification of OSR (Open Space and Recreation) District for the following described property: That part of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: Commence at the Northwest corner of the Plat of Foxe Chase, according to the Plat thereof as recorded in Plat Book 38, Pages 1 and 2 of the Public Records of Palm Beach County, Florida; thence S 1 °07'33"E, along the West line of said Plat of Foxe Chase, a distance of 707.79 feet; thence S 88 ° 52'27"W, a distance of 500.00 feet to the point of beginning; thence continue S 88 ° 52' 27"W, a distance of 100.00 feet; thence N 1 °07' 33"W, a distance of 116.72 feet to a point on a curve concave to the East and having a central angle of 45 ° 00' 00" and a radius of 380.00 feet; thence northeasterly along the arc of said curve, a distance of 298.45 feet; thence N 43 ° 52' 27" E, a distance of 196.15 feet; thence S 1°07'33"E, a distance of 14.12 feet; thence S 43°52'27" W, a distance of 212.13 feet; thence S 1°07'33" E, a distance of 360.00 feet to the point of beginning. Containing 31,424 square feet or 0.7214 acres, more or less. Section 3. 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 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ORD NO.OS-08 /' ,~ Section 5. That should any section or provision of this ordinance or any portion thereof, any pazagraph, 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 declazed to be invalid. Section 6. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regulaz session on second and final reading on this 19~' day of February, 2008. ATTEST: `~0.~ MAYOR City Clerk First Reading c1 5 ~~ Second Readin ~ ~~ ~~ ORD NO.OS-08 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: February 8, 2008 SUBJECT: AGENDA ITEM 10.F. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 ORDINANCE NO. OS-08 -SECOND READING ITEM BEFORE COMMISSION This item is before Commission for consideration of a rezoning from Special Activities District (SAD) to Open Space and Recreation (OSR) fora 0.72 acre City owned parcel, located east of the recently approved Midtown Delray mixed-use development (f.k.a. Bloods Hammock Grove) and west of Orchard View Park. BACKGROUND At the first reading on February 5, 2008, the Commission passed Ordinance No. OS-08. RECOMMENDATION Recommend approval of Ordinance No. OS-08 on second and final reading. ORDINANCE NO. OS-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTIVITIES DISTRICT) TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING A PARCEL LOCATED EAST OF MIDTOWN DELRAY (FKA BLOOD'S HAMMOCK GROVES) AND WEST OF ORCHARD VIEW PARK, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH. FLORIDA, APRIL 2007"; 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 Citx of Delray Beach, Florida, dated April 2007, as being zoned SAD (Special Activities District); and WHEREAS, at its meeting of January 28, 2008, 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, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; 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 recitations set forth above are incorporated herein. Section 2. That the 7.oning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of OSR (Open Space and Recreation) District for the following described property: That part of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: Commence at the Northwest corner of the Plat of Foxe Chase, according to the Plat thereof as recorded in Plat Book 38, Vages I and 2 of the Public Records of Palm Beach County, Florida; thence S I °0733"E, along the West line of said Plat of Foxe Chase, a distance of 707.79 feet; thence S 88° 52'27"W, a distance of 500.00 feet Co the point of beginning; thence continue S 88° 52' 27"W, a distance of 100.00 feet; thence N 1 °07' 33"W, a distance of 1 16.72 feet to a point on a curve concave to the East and having a central angle of 45 °00' 00" and a radius of 380.00 feet; thence northeasterly along the arc of said curve, a distance of 298.45 feet; thence N 43 ° 52' 27" E, a distance of 196.15 feet; thence S I°07'33"E, a distance of 14.12 feet; thence S 43°52'27" W, a distance of 212.13 feet; thence S I°07'33" E, a distance of 360.00 fee[ to the point of beginning. Containing 31,424 square feet or 0.7214 acres, more or less. Section 3. 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 2 hereot: Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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 6. 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 , X00_. ATTEST ~ MAYO R City Clerk 2 ORD NO. OS-08 First Reading Second Read oxo No. os-os J MEMORANDUM TO: Mayor and City Commissioners FROM: Candi N. Jefferson, Senior Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: January 31, 2008 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF FEBRUARY 5, 2005 ORDINANCE NO.OS-OS ITEM BEFORE COMMISSION The item before the City Commission is consideration of a rezoning from SAD (Special Activities District) to OSR (Open Space and Recreation) for the 0.72 city-owned parcel located east of the recently approved Midtown Delray mixed-use development (f.k.a. Bloods Hammock Grove) and west of Orchard View Park. BACKGROUND On December ] 1, 2007, the City Commission approved the Midtown Delray SAD rezoning which modified the original SAD ordinance to incorporate a new mixed-use development containing 116 townhouse units and 29,571 square feet of medical offices. During this review, it was discovered that a portion of the original SAD zoned property (subject property) was being utilized for the access road to the park and school and as part of the established Orchard View Park. As this parcel is now contiguous with the OSR site to the east and is being utilized for the park and its access, the current SAD zoning is inappropriate. This change seeks to apply a more appropriate zoning designation to the parcel. REVIEW BY OTHERS The Planning and Zoning Board held a public hearing on the rezoning request at its meeting of January 28, 2008. The Board recommended approval of the rezoning request by a vote of 6 to 0, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and the Goals and Objectives of the Comprehensive Plan. RECOMMENDATION By motion, approve on first reading Ordinance No. OS-08, rezoning the subject property from SAD to OSR, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Sections 2.45(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. ORDINANCE NO. OS-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTIVITIES DISTRICT) TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING A PARCEL LOCATED EAST OF MIDTOWN DELRAY (FKA BLOOD'S HAMMOCK GROVES) AND WEST OF ORCHARD VIEW PARK, AS MORE PARTICULARLY DESCR[BED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APR[L 2007"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, [he property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April 2007, as being zoned SAD (Special Activities District); and WHEREAS, at its meeting of January 28, 2008, 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, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; 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 I . That the recitations set forth above are incorporated herein. Section 2. 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 OSR (Open Space and Recreation) District for the following described property: That part of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: Commence at the Northwest corner of the Plat of Foxe Chase, according to the Plat thereof as recorded in Plat Book 38, Pages f and 2 of the Public Records of Palm Beach County, Florida; thence S 107'33"E, along the West line of said Plat of Foxe Chase, a distance of 707.79 feet; thence S 88 ~ 52'27"W, a distance of 500.00 feet to the point of beginning; thence continue S 88"52' 2T'W, a distance of 100.00 feet; thence N I °OT 33"W, a distance of 116.72 feet to a point on a curve concave to the East and having a central angle of 45 ~00' 00" and a radius of 380.00 feet; thence northeasterly along the arc of said curve, a distance of 298.45 feet; thence N 43 ~ 52' 2T' E, a distance of 196.15 feet; thence S I °0733"E, a distance of 14.12 feet; thence S 4352'27" W, a distance of 212.13 feet; thence S 107'33" E, a distance of 360.00 feet to the point of beginning. Containing 31,424 square feet or 0.7214 acres, more or Tess. Section 3. 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 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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 6. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200_. ATTEST MAYO R City Clerk 2 ORD NO. OS-O8 First Reading Second Reading ORD NO. OS-08 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: January 28,2008 AGENDA ITEM: Iv. A. ITEM: GENERAL DATA: Owner/Applicant............ Rezoning from SAD (Special Activities District) to OSR (Open Space andl Recreation) for the city-owned parcel lying west of Orchard View Park City of Delray Beach Location ...................................... Park Access Road right-of-way located between Bloods Hammock Grove and Orchard View Park Property Size .............................. 0.7214 acres Existing FLUM ........................... TRN (Transitional) Proposed FLUM ......................... No Change Current Zoning ...........:................ SAD (Special Activities District) - formerly Bloods Hammock Grove Proposed Zoning ........................ OSR (Open Space and Recreation) Adjacent Zoning ................North: SAD (Special Activities District) - Midtown Delray East: OSR (Open Space Reserve) - Orchard View Park eoe~cv.no I South: CF (Community Facilities) - Orchard View Elementary School West: SAD (Special Activities District) - Midtown Delray Existing Land Use ........ .............. Park Access Road right-of-way and park Proposed Land Use ..... ............... No Change Water Service ............ ............. Not Applicable Sewer Service ............ ............ Not Applicable fT~NI,:B~~QRE TNE.~O-ARD ', '.'~ , The action before the Board is making a recommendation to the City Commission on a city- initiated rezoning from SAD (Special Activities District) to OSR (Open Space and Recreation), pursuant to LDR Section 2.4.5(D). The subject parcel is located east of the recently approved Midtown Delray mixed-use development (f.k.a. Bloods Hammock Grove) and west of Orchard Park and measures 0.7214 acres. Pursuant to Section 2.2.2 (E) (6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. The annexation and initial zonings to accommodate a 10 acre elementary school and a 6 acre municipal park [CF (Community Facilities) for the school and OSR (Open Space and Recreation) for the park] were approved by the City Commission on March 22, 1994. On April 5, 1994, the City Commission approved a Conditional Use request for the school. The school (Orchard View Elementary) has been developed and the access road to the school bordered the west perimeter of the City's future park site to the north. On September 19, 1995, the City Commission approved on second reading Ordinance 51-95 which annexed and established an initial zoning class cation of SAD (Special Activities District) for the 10.27 acre Blood's Grove Orchard directly to the west of the school and future park, and included the subject property. On May 12, 1999, the Site Plan Review and Appearance Board approved a site plan for the 6 acre Orchard View Park. On December 11, 2007, the City Commission approved the Midtown Delray SAD rezoning which modified the original SAD ordinance to incorporate a new mixed-use development containing 116 townhouse units and 29,571 square feet of medical offices. During this review, it was discovered that a portion of the original SAD zoned property (subject property) was being utilized for the access road to the park and school and as part of the established Orchard View Park. Now before the Board for action is a rezoning of the subject parcel from SAD to OSR to reflect the current uses. SECTION 2.4.5(D1(5) -REZONING FINDINGS: Pursuant to LDR Section 2.4.5(D)(5), in addition to provisions of Chapter 3, the City Commission must make findings that the rezoning fulfills at least one of the reasons listed: • The rezoning had previously been changed, or was originally established in error; Planning 8 Zoning Board Staff Rer ` -Meeting of January 28, 2008 City-owned parcel lying west of Or~..ard Park -Rezoning from SAD fo OSR Page 2 • There has been a change in circumstances which makes the current zoning inappropriate; 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 the site and/or neighborhood. The basis for which the rezoning should be granted relates to the second bullet point above, as there has been a change in circumstances which makes the current zoning inappropriate. The subject parcel was created and separated from similarly zoned property to the west with the creation of the school and park access road in 1994. This change in circumstances makes the proposed zoning more appropriate as the parcel is now contiguous with the OSR site to the east. LAND DEVELOPMENT REGULATIONS CHAPTER 3 -PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to approval of Land Use 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, written materials submitted by the applicant, 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 Future Land Use Map (PLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. ^ Future Land Use Map: The resulting use of land or structures must be allowed: in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated, and said zoning must be consistent with the land use designation as shown on the Future Land Use Map (PLUM). The subject property has a Future Land Use Map (PLUM) designation of TRN (Transitional) and a proposed zoning designation of OSR (Open Space and Recreation) which are consistent with one another. The uses, activities, and characteristics of OSR are to be consistent with the Comprehensive Plan, suitable and compatible with surrounding existing developments, and with the proposed character of the area. The proposed use (park and school access roadway and park area) is consistent with the adjacent development pattern of contiguous property to the east. Thus, positive findings can be made with respect to PLUM consistency. This standard has been met. ^ Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. No further development of the site is currently being proposed. The site will remain both an access tract and park area. Thus, a finding of concurrency is not applicable. Planning & Zoning Board Staff Ret ' -Meeting of January 28, 2008 City-owned parcel lying west of Orc„ard Park -Rezoning from SAD to OSR Page 3 ^ Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The proposed change will not have a negative influence on the stability of the surrounding area and is consistent with the development pattern of adjacent and contiguous properties. This change is not inconsistent with any objectives within the Comprehensive Plan. ^ Compliance with LDRs: Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Whenever an item is identified elsewhere in these Land Development Regulations (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 in special regulation portions of individual zoning district regulations. At this time, no physical improvements are proposed. If and when improvements are made, a site plan review will be required. No concerns meeting the LDR requirements are anticipated. ^ Compatibility: The requested designation will be compatible with the existing and future land uses of the surrounding area. As discussed in the "Rezoning Analysis" section of this report, the adjacent properties include the proposed Midtown Delray development to the north and west, Orchard View Park to the east and Orchard View Elementary School to the south. The existing use (open space and recreation) is compatible with these uses. `_'~x ~.._~i+-- ,. ..vu :_'~ ~~ ``~'.'_~,. ,.._x,.:~'kt ~.'A~~~ll ~~~~~~- Skw.2_. .5 ~ '"~ ,._ ~~~ Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDR were previously discussed under the "Required Findings" section of this report. Compliance with the Land Development Regulations with respect to "Standards for Rezoning Actions and Rezoning Findings" are discussed below. Section 3.2.2 (Standards for Rezoning Actions): Standards "B", "C", and "E" are not applicable with respect to this rezoning request. An evaluation of the applicable standards is discussed below: Standard "A" requires that the most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identifred 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. Planning & Zoning Board Staff Ref -Meeting of January 28, 2008 City-owned parcel lying west of Or~~,erd Park-Rezoning from SAD to OSR Page 4 The subject parcel proposed for development is identified as "stable" on the Residential Neighborhood Categorization Map. The current zoning is SAD and the request before the Board is to change the zoning category to one identified in this standard. Further, the proposed zoning is more appropriate given its use and adjacent zoning categories. Standard "D" requires 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 property mitigate adverse impacts from fhe new use. The following table identifies the zoning designations and land uses that are adjacent to the subject property: Adjacent Zonin : Ad"scent Land Uses: North SAD (Special Activities District) Midtown Delray West SAD (Special Activities District) Midtown Delray East OSR (Open Space and Recreation) Orchard View Park South CF Communi Facilities Orchard View Elements School The zoning change will not hinder development or redevelopment of nearby properties. The existing adjacent land uses will not be negatively impacted by the proposed rezoning and it will not have a significantly detrimental effect upon the stability of the neighborhood, nor hinder development or redevelopment of nearby properties. As demonstrated above, this request does not result in an incompatible land use, thus, the proposed zoning request can be found ±o be in compliance with LDR Section 3.2.2(D). 1. ".`f ~.~.... S ~ ~. ~ . 4 .~ -nYa~ r.~'t~v~~' ~. -'hey-: F ~ ~ ~ ~. ..a1'_i}".Y'c $1. £*i..,.~ aT~: The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or CRA (Community Redevelopment Agency). Courtesy Notices: A special courtesy notice was provided to the following homeowners and/or civic organizations: • Neighborhood Advisory Council Rabbit Hollow • Verona Woods • Fox Chase • Shady Woods Andover • Spanish Wells • Oakmont Public Notices: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and/or support, if any, will be presented at the Planning and Zoning Board meeting. Planning & Zoning Board Staff Rer -Meeting of January 28, 2008 City-owned parcel lying west of Orc,,.ard Park -Rezoning from SAD to OSR Page 5 ` A S~~E~`~n~1 T, a`-N D ,G,O [5 C L-,U=S I b N _- . ` Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, rezoning the subject property from SAD (Special Activities District) to OSR (Open Space and Recreation) is recommended for approval, based upon the findings outlined herein. E3 r ~ ~* LY . <_ ~~ ; ~~-~~'O`CSrr#;11111-1~,.E) ~`A Ae Tl O•N's- _` ~ ~ :C ... .. _ . '~ w... ?p.: A. Move a recommendation of approval to the City Commission for the rezoning from SAD (Special Activities District) to OSR (Open Space and Recreation), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1, and 3.2.2 of the Land Development Regulations. B. Move a recommendation of denial to the City Commission for the rezoning from SAD (Special Activities District) to OSR (Open Space and Recreation), by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1, and 3.2.2 of the Land Development Regulations. C. Move to postpone and continue the request to rezone the SAD (Special Activities District) to OSR (Open Space and Recreation) with direction. t - - Recommend approval to the City Commission of the rezoning from SAD (Special Activities District) to OSR (Open Space and Recreation), by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Report prepared by: Candi N. Jefferson, Senior Planner Attachments: • Legal Description and Sketch • Zoning District Map • Location Map cHRlsr THE KING MONASTERY LAKENEW OF GOLF COURSE 5T. CLARE E W LAKEVIEW DFNVE L PALM FORE57 Dftl`A- NORTH AREUq ~~VE NORM SHADYWOO RAY DR~~ CENTER S F EST DRIVE SW TH AREUA 3 DRIVE 3w3 ig L I N TON B O U L E VAR D o CANAL L-36 i say ~' o p~ O A Rit'F O~NO R ,EMCEE DRrvE ~ -sta. GERM AN TON/V XS ROAD R1O550M DR. a z m n ~ (~1 PARK s II \\ ~.~J 0 O LAKELAND OWVE V _ O ORCHARD VIEW ~ ELEMENTARY °a a sCHDOL r5 0 ° VA(ENnA Oft~yE HAMMOCK R q A a z N CITY OWNED PARCEL LYING WEST OF ~' SU9JECT PROPERTY ORCHARD VIEW PARK BANNING OFPARTNENi CTY F LOCATION MAP O DELAAY BEACH, B -- dCITAL 9ASE MM SY59FM -- MAP REF: 5:\PionnLg k Zentrg\DBMS\ile-0aE\2-UI 1001-1500\LMt03M1_GtY OwneE Pered_W<at of OrcM1Crd Park CHRIST i THE KING MONASTERY OF LAKfNEW ST. CLARE GOLF COURSE O C O OSR R-1-AA E R-1-AA P C RAY O ~ CENTER PALM FOREST DRIVL NORTH ARELIA DRIVE NORM _ _ - -- 5HAD1'YND 5 DRIVE E BT DRI 500TH ARELIA ~ ORIVf SOUTH W > < ~ L f N TON ~ ; ] 6 B O U L E V A R D o CANAL L-36 sq _ N s I Ogf ~LQ ~i ~ N0 P ~G ^V TE MPIE DR IVE $TA. SAS cF r'e R"'A"T~~, ys R pgO ., B LOSSOM OR. OSR C ~ ~ m PARK C r n r - V LANELPN D DR IVE C ~ _ _ p O ~ _ `? ORCHARD VIfW T `~ ELEMEN ARY SCHOOL A O p ~ALfNG ORI~ A HANMOCN V - -1 T D Z N CITY OWNED PARCEL LYING WEST OF ~' SUBJECT ORCHARD VIEW PARK PROPERTY PLANNING OFPNLiMENT ZONING MAP cln of DELAAV L1EAO1, iL -- OM•I/K HASf MAP SYSTEM -- NAP REF: 5:\Pbnryng k ZoMrq\DBMS\flle-Cab\2-LM t00i-1500\tMLOK Cify Ovnea Purcd_West of bc~or0 PaA o~.. :. +.. O'BR1EN, SUITER & Ci'BRIEN, INC. Cand Surveyors 7601 N. lEOgwl NIGNY7AY OE7RAY 7EACN. fIOIIDA 77217 OEIIAY 776.2501 EOYNIaN 7]7.7770 DESCRIPTION:. OF SECTION 25, TOWNSIIIP 4G SOUTH, RANGF. 42 EAST, PALM IIEAC[I Y~RIDA, DESCRIBED AS FOLLOWS: CO l ATU THE NORTHWEST CORNER OF THE PLAT OF FORE CHASE, ACCO ~"O THE PLAT THEREOF AS R$CORDED IN PLAT BOOK 38, PAGES 1 AND 2 O UBL1C RECORDS OF PALM REACH COUNTY, FLORIDA; TEIENCE S.1°0533" ~~ ~ NG THE WEST LINE OF SAID PLAT OF FO.YE'~RACE, A DISTANCE OF 707.79 FEET CE 5.88°52'27"Pl., A DISTANCE OF 500.00 FEET TO TFiE POINT' OF HEG ,, NCE CONTINUE 5.88°52'2T'W, A DISTANCE OF. 100.00 FEET; TE IENCE N.1°07t'~ ., A DISTANCE OF 116.72 FEET TO A POINT ON A CURVE CONCAVE TO TFl~ Ee~ST AND HAVING A CENTRAL ANGLE OF 45°00'00" AND A RADIUS OF 380. THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DiSTAN 98.45 FEET; THENCE N.43°52'2T'E., A DISTANCE OF I4G.15 FEET; THENCE S.1 i~3"k~,~, A DISTANCE OF 14.12 FEET;'IHfiNCE 5.43°52'27"W., A DISTANCE OF 212.13EV~"a~•`•'~PIENCE S.I°0T33"E., A DISTANCE OF 360.00 FEET TO THE POINT OF SEG CONTAHJING 31,424 SQUAET OR 09214 ACRES MORE OR LESS .~ }+ ~~; ~;~ (~: ; ~~~f. ,~~ ~~ SHEET i OF 2 nnnrn Tan ~~ ~~^^" .:.-~. i r~~ iU/~ __ ~~ { )i r h n 0 vi ~f h n CQ o :. .,. s.rovvs•E. a~~` .hM1 ~k' ~,~ ~~~.~z ~ ~15 . No rEs THrs !S NOT A SURVEY THE WEST LINE pF PLAT OF FOXE TRACE JS ASSUMED TO BEAR S.1°07'33 E. ,~ y CORNER OF >XE TRACE O ti ~~ ~~ 0 ~k ~ V ~~ OZ ho 2V L °am OF DESCRIP /Uf1 ~ 100.0' ©ttwrzwr isas osant w7fR t Osaat ne CC'. ~.c~.6~eCc(a., www.bocanews.com • Boca Raton/Delray Beach News -Friday-Saturday, February 8-9, 2008 13 t70TZC$g 100 ANNOUNCEMEN7s PUBLIC HEARING wdl be heN on ~. blowing proposed ortlballces at 0 p.m. on TUESDAY FEBPUAgY 2008 (or al any mnlinualipn of ;h meeting which rs sef by the mlmasion), in dm CM Commissbn ambars, 100 N.W. Isl Almnue, DN- Fkacn, FbrNd, al which time me r Commission will consider their ption. TNa proposed ortlinances /be inspeged at Vle Ollice DI Me Clerk al fay Ha11, t00 N.W. tg mue, Delray Beach, Floritla, bo an tla Nours of 6:00 a.m. aM 5:00 MwMay mrolgh Rbay eacepl fags AN ilnaested parses are in- 1 b atleM alq <R heard with re- xbtllepropused ortlinances. OngNpNCE N0.02-OB ORDINANCE OF THE CITY GOM~ >roN oP THE clrv of DELgnv GH, FLORIDq AMENDING THE 'O DEVELOPMENT REGULA- VS OF THE CODE OF ORDI- CES, BV AMENDING SECTION 3, 'CENmgL BUSINESS (CB0) PICi', SU&RECTION Aa.13(C), :ESSOgY USES ANO STRUC- ES PERMITTED' TO PgOVIDE T MECHANICAL PAgRING i ARE A PERMITTED USE FOR N-FILL DEVELOPMENT Pq0- r THAT HAS BEEN VACANT A MINIMUM PERIOD OF ONE i; AMENDING SECTION a.6.9, STREET PAgKING gEGULA- I$', SUBSECTION a.6.9(E), ATroN OF PAgKING SPACES', SUBSECTIONS A.6.9(E)~3), "IN~ FEE', PND 46.9(E)~4~,'PUBLIC ING FEE', TO PROVIDE THAT iU FEES ANO PUBLIC PARK EES ARE AVAIUBLE FOR IN- DEVELOPMENTS THAT HAVE VACANT FOR A PERIOD OF YEAgS OR LgVGER; AMEND IPPENDI%'A' TO PROVIDE A .ED DEFINITION FOR IN-FILL LOPMENT; PROVIDING AI G CLAUSE, A GENERAL RE- IR CLAUSE, AND AN EFFEC IATE. ORgNANCE NO.lUOB ~DINANCE OF THE CITY )N OF THE CITY nF n ORMNpNCE NQOSOS 3 CLAUSE, AND AN F ATE. giDINANCE NQ OT~DB DATE. BY FOR rules cLAUSt, AND AN EFFECTIVE DALE. PNese ba aMisetl that N e person tla titles M eppeel eny decision merle by the Cily Lommisabn wi0 reapetl to any mater wruiaeled m mese near e)6. EYM Derb011 maY O6atl 10 M6We IAaI a verbatim record IncWtlas Iha lealmony and evidence upon whict. 0e appeal is to be based. IDe Clly does not Drovitle nor prepare sucbl ramdpw&IaeAb F$.2B6.01p$ CHYDF DELRAY BEACH cne.eye D Nwid. cMc ciryCbn Plbyeh: Fitlay, February B 2J09 Boca RatonrDelray Beach News