Ord 18-01ORDINANCE NO. 18-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION IN THE COMPREHENSIVE PLAN FROM MD
(MEDIUM DENSITY RESIDENTIAL 5-12 UNITS/ACRE) TO GC
(GENERAL COMMERCIAL) DISTRICT, AND REZONING AND
PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT TO GC (GENERAL COMMERCIAL)
DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON
THE WEST SIDE OF N.E. 7TH AVENUE, APPROXIMATELY 120'
NORTH OF GEORGE BUSH BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL
SCALE USE PLAN AMENDMENTS; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 2000"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the property hereinafter described is designated on the Future Land Use Map
(FLUM) in the Comprehensive Plan for the City of Delray Beach, Florida, as MD (Medium Density
Residential 5-12 units/acre); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated August, 2000, as being zoned RM (Medium Density
Residential) District; and
WHEREAS, at its meeting of February 26, 2001, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public heating and voted
unanimously to recommend approval of the small scale FLUM and that the property hereinafter
described be rezoned, based upon positive findings; and
WHEREAS, ,~t is appropriate that the Future Land Use Map in the Comprehensive Plan be
amended to reflect the revised land use designation of GC (General Commercial); and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, dated August, 2000, be amended to reflect the revised zoning classification of GC (General
Commercial) District.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property is as follows:
The South half of Lot 12, Block 2, Sophia Frey Subdivision, Delray Beach, Florida recorded in Plat
Book 4, Page 37 of the Public Records of Palm Beach County, Florida.
The subject property is located on the West Side of N.E. 7th Avenue, approximately 120' North of
George Bush Boulevard.
Section 2. That the Future Land Use Map designation for the subject property in the
Comprehensive Plan is hereby changed from MD (Medium Density Residential 5-12 units/acre) to
GC (General Commercial).
Section 3. That the Zoning District Map of the City of Delray Beach, Florida, dated August,
2000, is hereby changed from RM (Medium Density Residential) District to GC (General
Commercial) District.
Section 4. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption heating, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 5. 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, dated August,
2000, to conform with the provisions of Section 3 hereof.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 7. 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 8. That this ordinance shall become effective thirty-one (31) days after adoption,
unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the
effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
2 ORD NO. 18-01
shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview
Drive, Tallahassee, Florida 32399-2100.
qD ADOPTED in regular session on second and final reading on this the,~o ~
day of ,2001.
City Clerk
First Reading
MAYOR
Second Reading
3 ORD NO. 18-01
NAGLE
LPROPERTY
I
GEORGE
BUSH
I
AIL INN
RTY_
BLVD.
N
C]'TY Of" D£LRAY BE:ACH. F"L
PLANNING & ZONING DEPARTMIrNT
~ - AREA SUBJECT TO MODIFICATION
REZONING FROM: RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSFrY)
TO: GC (GENERAL COMMERCIAL)
F.I_U.M. AMENDMENT FROM: MEDIUM DENSITY, 5-12 UNITS/ACRE TO: GENERAL COMMERCIAL
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND crI~ COMMISSIONERS
CITY MANAGER~
AGENDA ITEM /t9 i~ - REGULAR MEETING OF MARCH 20~ 2001
ORDINANCE NO. 18-01 (SMALL SCALE FUTURE LAND USE MAP
AMENDMENT & REZONING
MARCH 16, 2001
This is second reading for Ordinance No.18-01 that provides for City initiated corrective small scale
Future Land Use Map (FLUM) amendment from MD (Medium Density Residential 5-12 dwelling
units/acre) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to GC
(General Commercial) for a portion of the Nagle and Sail Inn properties, located on the west side of
NE 7m Avenue, and approximately 120' north of George Bush Boulevard.
The subject property is the south half of Lot 12, Block 2, Sophia Frey Subdivision, which is zoned
RM (Medium Density Residential). The property is currently vacant, except for the encroachment of
back-out parking and a dumpster associated with the Sail Inn on the east 5' of the property. The
majority of the subject property is owned by Mr. George Nagle, who owns a portion of Lot 11 to the
south, which is currently zoned GC (General Commerdal). The balance of the property,
approximately 14.96' x 34.35', is owned by the Sail Inn, which also owns the east 34.35' of Lot 11,
zoned GC (General Commercial).
The Planning and Zoning Board held a public hearing in conjunction with the request on February
26, 2001. Two residents to the north and east of the property on NE 7~h Avenue were concemed with
future proposals to extend the commerdal zoning north of the subject property into the
neighborhood. The residents were informed this is a corrective rezoning for a 25' wide area and that
any future requests for rezoning will require a public hearing and notification to all properties within a
500' radius of the property to be rezoned. The Board then voted unanimously to recommend
approval of the corrective FLUM amendment from MD to GC and rezoning from RM to GC.
At the first reading of March 6~h, the City Commission passed the ordinance by a vote of 5-0. This is
a quasi-judicial hearing.
Recommend approval of Ordinance No. 18-01 on second and final reading.
Ref~gmemo21.Ord. 18-01Small FLUMRezoning2ndreading3-20-01
ORDINANCE NO. 18-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION IN THE COMPREHENSIVE PLAN FROM MD
(MEDIUM DENSITY RESIDENTIAL 5-12 UNITS/ACRE) TO GC
(GENERAL COMMERCIAL) DISTRICT, AND REZONING AND
PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT TO GC (GENERAL COMMERCIAL)
DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON
THE WEST SIDE OF N.E. 7TH AVENUE, APPROXIMATELY 120'
NORTH OF GEORGE BUSH BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL
SCALE USE PLAN AMENDMENTS; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 2000"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the property hereinafter described is designated on the Future Land Use Map
(FLUM) in the Comprehensive Plan for the City of Delray Beach, Florida, as MD (Medium Density
Residential 5-12 units/acre); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated August, 2000, as being zoned RM (Medium Density
Residential) District; and
WHEREAS, at its meeting of February 26, 2001, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
unanimously to recommend approval of the small scale FLUM and that the property hereinafter
described be rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan be
amended to reflect the revised land use designation of GC (General Commercial); and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, dated August, 2000, be amended to reflect the revised zoning classification of GC (General
Commercial) District.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property is as follows:
The South half of Lot 12, Block 2, Sophia Frey Subdivision, Delray Beach, Florida recorded in Plat
Book 4, Page 37 of the Public Records of Palm Beach County, Florida.
The subject property is located on the West Side of N.E. 7th Avenue, approximately 120' North of
George Bush Boulevard.
Section 2. That the Future Land Use Map designation for the subject property in the
Comprehensive Plan is hereby changed from MD (Medium Density Residential 5-12 units/acre) to
GC (General Commercial).
Section 3. That the Zoning District Map of the City of Delray Beach, Florida, dated August,
2000, is hereby changed from RM (Medium Density Residential) District to GC (General
Commercial) District.
Section 4. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 5. 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, dated August,
2000, to conform with the provisions of Section 3 hereof.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 7. 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 8. That this ordinance shall become effective thirty-one (31) days after adoption,
unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the
effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
2 ORD NO. 18-01
shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview
Drive, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2001.
ATTEST M A Y O R
City Clerk
First Reading.
Second Reading.
3 ORD NO. 18-01
I
: ~ ;'C~ IT y' C O~M M i SS ! ~O N~',~D;'O C U M 'E N T AT I O N
TO:
THRU:
FROM:
SUBJECT:
PAUL DORLING, DI~TOR OF PLANNING AN
JEFFREY A. COSTELLO, PRINCIPAL PLA~
MEETING OF MARCH 6, 2001
CITY INITIATED CORRECTIVE SMALL-SCALE FUTURE LAND
USE MAP
AMENDMENT FROM MD (MEDIUM DENSITY RESIDENTIAL 5-12 DUIAC) TO GC
(GENERAL COMMERCIAL) AND REZONING FROM RM (MEDIUM DENSITY
RESIDENTIAL) TO GC (GENERAL COMMERCIAL) FOR A PORTION OF THE
NAGLE AND SAIL INN PROPERTIES~ LOCATED ON THE WEST SIDE OF NE 7TM
AVENUE~ APPROXIMATELY 120' NORTH OF GEORGE BUSH BOULEVARD.
The subject property is the south half of Lot 12, Block 2, Sophia Frey Subdivision, which is zoned RM
(Medium Density Residential). The property is currently vacant, except for the encroachment of back-
out parking and a dumpster associated with the Sail Inn on the east 5' of the property. The majority
of the subject property is owned by Mr. George Nagle, who owns a portion of Lot 11 to the south,
which is currently zoned GC (General Commercial). The balance of the property, approximately
14.96' X 34.35', is owned by the Sail Inn, which also owns the east 34.35' of Lot 11, zoned GC (See
attached Exhibit A in P&Z Staff Report).
With the adoption of the City's Comprehensive Plan and Future Land Use Map in November 1989,
the FLUM designation for the property was changed from Commercial to Medium Density Residential
5-12 du/ac. Subsequently, with the Citywide rezonings and adoption of the Land Development
Regulations in October 1990, the property was rezoned from GC to RM (Medium Density
Residential). It appears this rezoning was established in error based upon the property's land use
history, which is further discussed in the attached Planning and Zoning Board Staff Report along with
a full analysis of the FLUM amendment and rezoning.
"' p L A N NI'~,G ~iiAND., ZO'i~i"I NGi i!Bi:OIA~;'R~'D~ ~C'O NS i'~D'E'R A TiliO N,,,,,,'ii'
The Planning and Zoning Board held a public hearing on this item at its February 26th meeting. Two
residents to the north and east of the property on NE 7th Avenue were concerned with future
proposals to extend the commercial zoning north of the subject property into the neighborhood. The
residents were informed this is a corrective rezoning for a 25' wide area and that any future requests
for rezoning will require a public hearing and notification to all properties within a 500' radius of the
property to be rezoned. The Board then voted 7-0 to recommend approval of the corrective FLUM
amendment from MD to GC and rezoning from RM to GC.
Approve on first reading the Small Scale FLUM Amendment from MD to GC and rezoning from RM
(Medium Density Residential) to GC (General Commercial), based upon positive findings with respect
to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), that the previous FLUM designation and zoning district
were established in error, and set a public hearing date of March 20, 2001.
Attachments: Planning and Zoning Board staff report of February 26,2001 & Ordinance by Others
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: February 26, 2001
AGENDA ITEM: ~V.B
ITEM: City Initiated Corrective Future Land Use Map Amendment from MD (Medium
Density Residential 5-12 Units/Acre) to GC (General Commercial) Rezoning from
RM (Medium Density Residential) to GC (General Commercial) for a Parcel of
Land Located on the West Side of NE 7th Avenue, Approximately 120' North of
George Bush Boulevard.
N, , lO~ ST. ~ ~ ~
~ ~ WA~RWAY NOR~
GENERAL DATA:
Owners ......................................... George Nagle and Sail Inn Properties, Inc.
Agent/Applicant ...........................
Location ......................................
Property Size ..............................
Existing F.L.U.M. Designation ....
Proposed F.L.U.M. Designation..
David T. Harden, City Manager
West Side of N.E. 7th Avenue, approximately 120'
north of George Bush Boulevard
0.076 Acre
MD (Medium Density Residential 5-12 units/acre)
GC (General Commercial)
Existing Zoning ........................... RM (Medium Density Residential)
Proposed Zoning ......................... GC (General Commercial)
Adjacent Zoning ................. North:
East:
South:
West:
Existing Land Use .......................
RM (Medium Density Residential)
RM
GC (General Commercial)
GC
Vacant Lot and a portion of the Sail Inn Parking lot
Proposed Land Use ..................... Corrective Rezoning of a portion of the parcel to
General Commercial.
Water Service .............................. N/A
Sewer Service .............................. N/A
IV.B
The action before the Board is making a recommendation to the City
Commission on a City initiated corrective Future Land Use Map (FLUM)
amendment from MD (Medium Density Residential 5-12 du/ac) to GC (General
Commercial) and rezoning from RM (Medium Density Residential) to GC
(General Commercial) for a portion of the Nagle and Sail Inn properties.
The subject property is located on the west side of NE 7th Avenue,
approximately 120' north of George Bush Boulevard, and involves 0.076 acres.
Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and
Zoning Board) shall review and make a recommendation to the City
Commission with respect to all amendments to the City's Future Land Use
Map.
The subject property is the south half of Lot 12, Block 2, Sophia Frey Subdivision and is
currently vacant, except for the encroachment of back-out parking and dumpster associated
with the Sail Inn on the east 5' of the property. The majority of the subject property is owned
by Mr. George Nagle, who owns a portion of Lot 11 to the south which is currently zoned GC
(General Commercial). The balance of the property, approximately 14.96' X 34.35', is owned
by the Sail Inn, which also owns the east 34.35' of Lot 11, zoned GC (See attached Exhibit
A).
City records were researched and indicated the property was zoned C-2 (General
Commercial) in 1962. In 1972, the subject property, along with other properties at the
northeast corner of NE 8th Street (George Bush Boulevard) and North Federal Highway, were
rezoned from C-2 to RM-15 (Multiple-Family Residential- 15 du/ac).
On April 25, 1977, the City Commission approved rezoning of various commercial properties
at the northeast corner of North Federal Highway and George Bush Boulevard from RM-15 to
GC (General Commercial) as the properties had a Commercial Future Land Use Map
(FLUM) designation and were in commercial use.
On May 23, 1977, the subject property, along with additional properties on Federal Highway,
was rezoned from RM-15 to GC. The basis for the rezoning was that the properties were
was indicated as Commercial on the City's Future Land Use Map, and should have been
included with the rezonings to GC approved in April 1977.
With the adoption of the City's Comprehensive Plan and Future Land Use Map in November
1989, the FLUM designation for the south half of Lot 12 was changed from Commercial to
Medium Density Residential 5-12 du/ac. With the Citywide rezonings and adoption of the
Land Development Regulations in October 1990, the property was rezoned from GC to RM
(Medium Density Residential).
P & Z Board Staff Report
Nagle Property - Corrective FLUM Amendment and Rezoning to GC
Page 2
At the end of last year, Mr. Nagle inquired with regard to the development potential of the
property as a parking lot. At this time, Mr. Nagle (who purchased the property in 1985) was
made aware that half the property was zoned GC and the other half zoned RM. Based upon
the above, a FLUM amendment and rezoning to GC are being sought.
F U T U RE 'L A N:~Di?0~S E M ~'!i'.!~iiMEN Di:NiE:N'T~ A NA~ 'i~., ~, S,
Florida Statutes 163.3187 - Small Scale Land Use Map Amendments:
This Future Land Use Map Amendment is being processed as a Small-Scale Development
pursuant to Florida Statutes 163.3187. This statute states that any local government
comprehensive land use amendments directly related to proposed small scale development
activities may be approved without regard to statutory limits on the frequency of
consideration of amendments (twice a year), subject to the following conditions:
The amendment does not exceed 10 acres of land;
The cumulative effect of the amendments processed under this section shall not
exceed 120 acres within designated redevelopment and traffic concurrency exception
areas, or 60 acres annually in areas lying outside the designated areas;
The proposed amendment does not involve the same property, or the same owner's
property within 200 feet of property, granted a change within a period of 12 months;
[3
That if the proposed amendment involves a residential land use, the residential land
use has a density of 10 units or less per acre;
[3
The proposed amendment does not involve a text change to the goals, policies, and
objectives of the local government's comprehensive plan, but only proposes a land
use change to the future land use map for a site-specific small scale development
activity; and,
The property that is the subject of a proposed amendment is not located within an
area of critical state concern.
The Future Land Use Map amendment involves a 0.076 acre area, thus the total area is less
than the 10 acre maximum. The proposed amendment to GC (General Commercial) is
corrective and being processed concurrently with a request for rezoning to GC. The property
is located within a designated redevelopment area and will not exceed 120 acres for this
year. This property has not previously been considered for a land use amendment nor has
any of the same owner's properties, within 200 feet, been granted a land use change within
the last year. The amendment does not involve a text change to the Comprehensive Plan
and it is not located within an area of critical concern.
Land Use Analysis:
Pursuant to Land Development Regulation Section 3.1.t(A) (Future Land Use Map), all
land uses and resulting structures must be allowed in the zoning district within which
P & Z Board Staff Report
Nagle Property - Corrective FLUM Amendment and Rezoning to GC
Page 3
the land is situated and, said zoning must be consistent with the land use designation
as shown on the Future Land Use Map.
The Future Land Use Map amendment being sought is to eliminate an existing inconsistency
between the FLUM designations of the south half of the property and the north half.
REQUIRED FINDINGS:
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
must be based upon the following findings:
Demonstrated Need -- That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
in the availability of land, changes in the existing character and FLUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy, or
similar circumstances. The need must be supported by data and analysis. This
policy shall not apply to requests for the FLUM designations of Conservation or
Recreation and Open Space.
The current FLUM designation of GC on the south half of the property (25') and MDR on
the north half (25') is inappropriate, as it renders the property undevelopable. This
corrective amendment will apply a Future Land Use Map designation of GC on the entire
property reflecting the intended land use designation based on previous land use actions.
Thus, the amendment will eliminate an inconsistency and correct a mapping error.
Consistency -- The requested designation is consistent with the goals, objectives,
and policies of the most recently adopted Comprehensive Plan.
The proposed FLUM amendment to GC is corrective in nature. The GC was previously
established on the property and provides the desired consistency.
Concurrency -- Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
Rezoning of the 0.076 acre property from RM to GC will have minimal or no impact with
respect to Concurrency.
Compatibility -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
Required findings of Compatibility will be made at time of site plan approval. There are
existing regulations to ensure compatibility with adjacent properties.
Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Any future development will need to comply with the provisions and requirements of the
Land Development Regulations.
P & Z Board Staff Report
Nagle Property - Corrective FLUM Amendment and Rezoning to GC
Page 4
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official
record. This may be achieved through information on the application, the Staff Report
or Minutes. Findings shall be made by the body, which has the authority to approve or
deny the development application. These findings relate to the Future Land Use Map,
Concurrency, Comprehensive Plan Consistency, and Compliance with the Land
Development Regulations.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment Analysis" section of this
report. Compliance with the Land Development Regulations with respect to Standards for
Rezoning Actions and Rezoning Findings are discussed below.
CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2
(Standards for Rezoning Actions), along with the required findings in Section
2.4.5(D)(5) (Rezoning Findings), shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in making a finding of overall consistency.
Section 3.2.2 (Standards for Rezoning Actions): Standard A, B, C, and E are not
applicable with respect to this rezoning request. The applicable performance
standards of Section 3.2.2 are as follows:
D)
That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
Compatibility with the adjacent residential properties is not a major concern as any
potential adverse impacts can be properly mitigated through the applicable
requirements of the Land Development Regulations. With any future development,
trees must be planted every 25' within the landscape strips abutting residential
property to the north. Also, any building must be set back a minimum 10' from the
abutting residential property. Compatibility of a specific development proposal will be
appropriately addressed with the review of a site and development plan request.
Section 2.4.5(D)(5) (Rezonin; Findings):
Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City
Commission must make a finding that the rezoning fulfills one of the reasons for
which the rezoning change is being sought. These reasons include the following:
ag
That the zoning had previously been changed, or was originally established, in
error;
P & Z Board Staff Report
Nagle Property - Corrective FLUM Amendment and Rezoning to GC
Page 5
That there has been a change in circumstances which make the current zoning
inappropriate;
That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The basis for rezoning relates to reason "a" that the rezoning had previously been
established in error. Based upon the research of City records, the subject property was
zoned General Commercial prior to the Citywide rezonings and adoption of the Land
Development Regulations in 1990. The previous land use actions clearly indicate the
property should have been zoned GC. The rezoning to RM in 1990, was not intended since
it creates a zoning inconsistency with the balance of the historically commercial properties.
· ',~ RE, V~!~ %;BY,' OT~HiE;RS ~,~ ....
The subject property is not within a geographical area requiring review by the Downtown
Development Authority or the Historic Preservation Board.
Community Redevelopment Aaencv
The Community Redevelopment Agency Board will review the FLUM amendment and
rezoning requests at its March 8th meeting. Their recommendation will be reported to the
City Commission at second reading of the ordinance.
Courtesy Notices:
Courtesy notices have been provided to the following homeowner's and civic associations,
which have requested notice of developments in their areas:
· North Palm Trail
· La Hacienda
· PROD (Progressive Residents of Delray)
· President's Council
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of objection and support, if any, will be presented at the Planning and
Zoning Board meeting.
The existing FLUM designation of MD and zoning of RM is inappropriate for the property as
the south portion is zoned GC and the entire property was zoned GC prior to the Citywide
rezoning of 1990. The FLUM amendment and rezoning will correct a mapping error and
result in FLUM and zoning consistency for the properties. Positive findings can be made with
respect to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the
P & Z Board Staff Report
Nagle Property - Corrective FLUM Amendment and Rezoning to GC
Page 6
Comprehensive Plan, and Sections 3.1.1, 3.2.2, and 2.4.5(D) of the Land Development
Regulations.
A. Continue with direction.
Recommend to the City Commission approval of the corrective Future Land Use Map
amendment from MD to GC and rezoning from RM to GC based upon positive findings
with respect to Future Land Use Element Policy ^-1.7 of the Comprehensive Plan
(FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), that the
previous FLUM designation and zoning district were established in error.
Co
Recommend to the City Commission denial of the corrective Future Land Use Map
amendment from MD to GC and rezoning from RM to GC, based upon a failure to
make positive findings with Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings) and Section 3.1.1 (^) of the Land
Development Regulations, with the basis stated.
Recommend to the City Commission approval of the corrective Future Land Use Map
amendment from MD to GC and rezoning from RM to GC based upon positive findings with
respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), that the previous FLUM
designation and zoning district were established in error.
Attachments: Exhibit A, Future Land Use Map & Zoning Map
I
NAGLE
PROPE
RTY
GEORGE
BUSH
IL INN
BLVD.
RTY_
N
CITY OF DELRAY BEACH, FL
PLANNING a' ZONING DEPARTMENT
~ - AREA SUBJECT TO MODIFICATION
REZONING FROM: RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY)
TO' GC (GENERAL COMMERCIAL)
F.L.U.M. AMENDMENT FROM. MEDIUM DENSITY, 5-12 UNITS/ACRE TO. GENERAL COMMERCIAL
LAKE AVENUE S
N E 13TH ST
DENERY
N E 12TH ST
BOND
WAY
N E 11TH ST
WlTHERSPOON LANE
N E. lOTH ST
McKEE LN
NE
BUSH
ST. VINCENT'S
CHURCH
,CF'C
DELRA Y
NE
N E 5TH CT
N E 5TH ST
N E 5TH ST
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
-- DIG~IAI ~4SE MAP SYSTEM --
CITY INITIATED FUTURE LAND USE MaP AMENDMENT
- EXISTING FUTURE LAND USE MAP DESIGNATIONS-
F.L.U.M. AMENDMENT FROM MEDIUM DENSITY, 5-12 UNITS/ACRE TO GENERAL COMMERCIAL
MAP REF LMSO0
LAKE AVENUE S
N E 13TH ST
I
N E 12TH ST
N E 11TH ST
N E lOTH ST
DENERY
BOND WAY
McKEE LN
9TH
R
BUSH
ST
VINCEN T'S
CHURCH
CF
ST
N E 5TH ST
CITY OF DELRAY BEACH. FL
PLANNING & ZONING OEPARTMENT
CITY INITIATED REZONING
- EXISTING ZONING DESIGNATIONS -
REZONING FROM: RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY)
TO. GC (GENERAL COMMERCIAL)
-- DI~'I~',4~. ~,4SE M~P SYSTEM -- MAP REF LM500
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~4~
AGENDA ITEM /~ ~ - REGULAR MEETING OF MARCH 6, 2001
ORDINANCE NO. 18-01 (SMALL SCALE FUTURE LAND USE MAP
AMENDMENT & REZONING
MARCH 2, 2001
This is first reading for Ordinance No. 18-01 that provides for City initiated corrective small scale
Future Land Use Map (FLUM) amendment from MD (Medium Density Residential 5-12 dwelling
units/acre) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to GC
(General Commercial) for a portion of the Nagle and Sail Inn properties, located on the west side of
NE 7~h Avenue, and approximately 120' north of George Bush Boulevard.
The subject property is the south half of Lot 12, Block 2, Sophia Frey Subdivision, which is zoned
RM 0VIedium Density Residential). The property is currently vacant, except for the encroachment of
back-out parking and a dumpster associated with the Sail Inn on the east 5' of the property. The
majority of the subject property is owned by Mr. George Nagle, who owns a portion of Lot 11 to the
south, which is currently zoned GC (General Commercial). The balance of the property,
approximately 14.96' x 34.35', is owned by the Sail Inn, which also owns the east 34.35' of Lot 11,
zoned GC (General Commercial).
The Manning and Zoning Board held a public hearing in conjunction with the request on February
26, 2001. Two residents to the north and east of the property on NE 7~h Avenue were concerned with
future proposals to extend the commerdal zoning north of the subject property into the
neighborhood. The residents were informed this is a corrective rezoning for a 25' wide area and that
any future requests for rezoning will require a public hearing and notification to all properties within a
500' radius of the property to be rezoned. The Board then voted unanimously to recommend
approval of the corrective FLUM amendment from MD to GC and rezoning from RM to GC.
Recommend approval of Ordinance No. 18-01 on first reading,
recommendation of the Planning and Zoning Board. If passed,
scheduled for March 20, 2001.
based upon the findings and
a quasi-judidal hearing will be
Ref'~gmemo21.Or& 18-01Small FLUMRezoning3-6-01
lO0
Cav~emmon Chmems, 100 N W
th~hou~ d8~O&m md
~Y Z~ RM (~ ~
~D ~REIN, ~DING
CITY OF DELRAY ~F~CH, FLORIDA
NOTICE OF ANNEXATION AND ZONING
ORDIN.~ICE NO. 19-01
~ Clly C.~mm,*~ma of {~c {~rO' of l~lray Beach will hold a QUAS1-/UDICIAL PUBLIC HEAK1NC, ON THE FOLLOWING PROPOS[~) OI~DINANCE ON TUESDAY, MARCH 2~, 2001, al 7:00 p m (o~ at may
con~nua~o~ of sltch m~mg wlueh ts ~*l by th~ Commlmalo~), m {;h~ Comm,~ou C~{amb~s ~ C~ ~ 1~ N W 1 ~ A.,,~m~, Delray Be~ at wh~b Ilm~ lhe C~y Comm~ama will ~n~k~ l{s adolwmu. 'Vl~
~dma~ wfl{ be ~.ad by ude o~y ~d ~ mm~,~d {nmsom ~n]l ~ {ives Ihe opix~muly io be I~m:l
ORDINANCE NO. 1~-01
LlldlrS, R~DEFINING TItE BOUI~P,~[ES OF ~ ~ 10 INCLUD£ SMD I...~, ItlOVIDI~G FOR ~ RIGIfl'S ~ OBI.iG~TIO~$ OF ~ LA~./~I:IX1NG AN OFFICIAL
LAND USE DESIGNATION OF LD (LOW DI~tSITY, 0-5 UN]TS/ACRE) FOR SAID LAND TO 'rile FUTURE LAND USE MAP AS CONT/dNED I~ THE CO~SIVE PLAN,
I~ECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION I~OCESS {:OR SMAi~ SCALE LAND USE H.AN AMENDIdI~']'S, I~tOVI~NG R)R THE ZONING THEREOF
TO R-I-AAA (SINGLE FAMILY RESIDENTIAL) DISTRICT, PROVIDING A GI~{ERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFWJ2TIVE DATE
Cmmoy. la]end.a. Subject to an easem~t fo~ mad right-of-way ova' ihe East 40 feet thereof
11~ mubjoct Ix'openy .~ Ioca~d o~ d~ Na,~wcst Co~r of liarvn~ Road and L-31 Canal
Secuou 2 ~at tl~ boundaries of ~ Qty of l~lray ~ Ronda. ar~ hereby md~fin~d m mcJudc ~ha~ma ~he ahove-d~cnl~l u-act of laml and
~:l land m he, by d~lared la bc ~thm ~hc cotpor~ hnuu. of thc C~ty of Deb'ay l~ch. FI~
.~cfi~ 3 That the land he~nnabov~ d~acnbed shall mm~a~ly
hab~u~, urdmance~ and hws Io w'mch lands m thc C~ty of Delmy Be. ach ar~ now or may b~ subpcl~l. ~l~g ~ ~ ~!
Amaeamu~ut levmd by thc C~ly pu~uam lo ~ts ontmaaces and ~z m:lm~d by Flon~ S~alums Chap~ 197. and ~ ~g ~ ~ ~ ~
~ of ~t~ Qty ot D~'ay Be~ch, Ronda,
$~a{utes .$~uoa 1~3.3187(IX¢)3
l)i~z~n R. 1 -AAA ($u~ Fatm]y l~Ad~mal) a~ defumed by exmmg ordinances of dx: Qty of Deimy l~:h
im~ u.~ ~1 za,~, ~y-me (31) d~ys ~- ~,~ m~ ~e mmmtm~ m dmiie,~d w,mmm m Serum 1633~/(~ F~
she D~{xm~ ofCeum~y Ai~s, Bu~u of ~ P~,,,,,~-{ 2?40 C~mmuew Dm~ T~lh~m~e, ~ 32399.2~0~
A MAP (n~ m scale) DEH~ TI~ GEI~IOJ. LOCA'TION OF 'IHE PROi~I{TY TO BE ~ I~ ~IOWN ~i~OW A COMPLETE
Li~3AL DF3CRIF~ON BY LOT AND SUBDIVISION ANDdOR IVlEfF~ AND BOLTNDS AND A COPY OF THE 0RD1NANCE ~
ABOVE NAMED CAN BE OBTAINED FROM THE OFHCE OF THE CITY {~Hm, K, CfTY HALL, 100 N.W la AVI~qUE, I)I~RAY BEACH, I~ORIDA
I '* Avmme, I~y lk~;:h, }~mda, betweem {tree bom~ of 8.'00 .,,, mind 5.00 pm.. l~mdmy {ll~m{b Friday. e~.l,.{~ bohdmys
. PUBLISH: Delray Beach Newn/Boca Raton News CITY OF DELRAY BEACH
Ad,NS0316 ~ Garito
Friday. March 9, 2001 A~ng City Clerk
£1TY OF DELAAY BEfl£H
DELRAY BEACH
Ail-America City
CITY CLERK
100 N.W. 1st AVENUE
1993
DELRAYBEACH, FLORIDA 33444 561/243-7000
CERTIFICATION
I, BARBARA GARITO, Acting City Clerk of the City of Delray Beach,
Florida, do hereby certify that the attached, ORDINANCE NO. 18-01 is a true
and correct copy of the original of said document which was passed and
approved on second reading in regular session of the City Commission of the
City of Delray Beach, on March 20, 2001.
IN WITNESS WHEREOF, I have hereunto set my hand and the official
seal of the City of Delray Beach, Florida, on this the 22nd day of March, 2001.
Barbara Garito, CMC
Acting City Clerk
City of Delray Beach
SEAl_
Printed on Recycled Peper
THE EFFORT ALWAYS MATTERS