38-95 ORDINANCE NO. 38-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT IN THE GC (GENERAL COMMERCIAL) DISTRICT;
SAID LAND BEING LOCATED ON THE WEST SIDE OF S.W. 5TH
AVENUE, BETWEEN S.W. 1ST STREET AND ATLANTIC AVENUE,
AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated April,
1994, as being zoned RM (Medium Density Residential) District; and
WHEREAS, at its meeting of June 19, 1995, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
considered this item at public hearing and voted unanimously to
recommend approval of the rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of GC (General Commercial)
if District for the following described property:
The East Half (E 1/2) of Block 21, LESS the South 240
feet thereof and LESS the North 235 feet thereof, of
DELRAY BEACH (FORMERLY LINTON), FLORIDA, according to
the Plat thereof recorded in the Office of the Clerk
of the Circuit Court in and for Palm Beach County,
Florida, in Plat Book ! at Page 3 (LESS the East 5
feet thereof).
The subject property is generally located on the west
side of S.W. 5th Avenue, between S.W. /st Street and
Atlantic Avenue; containing 0.41 acres, more or less.
~_~ That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~<.Q~D_A~ 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.
~_T.~Q/~_~' 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 8th day of August , 1995.
ATTEST: ~
~City-Cl~rk '-
First Reading July 11, 1995
Second Reading August 8, 1995
~i~ - 2 - Ord. No. 38-95
STR
CF
ATLANTIC AVENUE
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ ]0 5 - MEETING OF AUGUST ~. 1995
SECOND READING/PUBLIC HEARING FOR ORDINAN¢~ NO, 38-95
(REZONING FROM RM TO GC FOR STRAGHN FUNERAL HOME)
DATE: JULY 26, 1995
This is second reading and public hearing for Ordinance No. 38-95
which rezones a vacant parcel of land located on the west side of
S.W. 5th Avenue, immediately south of the Straghn Funeral Home,
from RM (Medium Density Residential) District to GC (General
Commercial) District. The purpose of the rezoning is to
accommodate a parking lot for a planned chapel addition to the
funeral home. The addition will be processed as a conditional
use modification. However, the appropriate zoning must first be
in place.
The Planning and Zoning Board considered this matter at public
hearing on June 19, 1995, and voted unanimously to recommend that
the rezoning be approved. At first reading on July 11, 1995,
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 38-95 on second and final
reading, based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations,
policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5).
ref:agmemol2
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ I~ ~ - MEETING OF JULY 11. 1995
FIRST READING FOR ORDINANCE NO. 38-95/REZONING FROM RM
TQ GC FQR STRAGHN FUNERAL HOME
DATE: JULY 6, 1995
This is first reading for Ordinance No. 38-95 which rezones a
vacant parcel of land located on the west side of S.W. 5th
Avenue, immediately south of the Straghn Funeral Home, from RM
(Medium Density Residential) District to GC (General Commercial)
District. The purpose of the rezoning is to accommodate a
parking lot for a planned chapel addition to the funeral home.
The addition will be processed as a conditional use modification.
However, the appropriate zoning must first be in place.
The Planning and Zoning Board considered this matter at public
hearing on June 19, 1995, and voted unanimously to recommend that
the rezoning be approved.
Recommend approval of Ordinance No. 38-95 on first reading, based
upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and LDR Section 2.4.5(D)(5). If passed, a
public hearing will be held on August 1, 1995.
ref:agmemol2
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: G~E-~DIRECTOR
LANNING AND ZONING
FROM:
PLANNER
SUBJECT: MEETING OF JULY 11, 1995
REZONING FROM RM (MULTIPLE FAMILY RESIDENTIAL
MEDIUM DENSITY 12 UNITS/ACRE) TO GC (GENERAL
COMMERCIAL)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of a request for
rezoning pursuant to LDR Section 2.4.5(D), Changes of Zoning. The
subject property is located on the west side of S.W. 5th Avenue, south of
West Atlantic Avenue.
BACKGROUND:
The subject property is a vacant parcel located immediately south of the Straghn
Funeral Home. The funeral home originally received conditional use approval in
1979.
The subject property is to be rezoned in order to accommodate a parking lot for a
planned chapel addition to the Straghn Funeral Home. The chapel addition will
be reviewed by the Commission as a part of a Conditional Use, however the
rezoning must be approved first. Please refer to the attached Planning and
Zoning Board report for additional information.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its meeting of June 19,
1995. There was no public comment. The Board voted unanimously to approve
the rezoning request.
City Commission
Rezoning for Straghn Property
Page 2
RECOMMENDED ACTION:
o By motion, approve the rezoning request from RM (Multiple Family
Residential 12 units/acre) to GC (General Commercial) for the
Straghn property based upon positive findings with respect to
Chapter 3 (Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and Section
2.4.5(D)(5).
Attachments:
o Planning and Zoning Board Staff Report, Location Map, & Reduced
Survey
S:STRAGHNCC.DOC
PLANNING & ZONING BOARD
CITY OF DELRAY BEACH STAFF REPORT
MEETING DATE: June 19, 1995
AGENDA ITEM: V.C.
ITEM: Rezoning from RM (Medium Density Residential) District to GC (General Commercial)
District for a Parcel of Land Located on the West Side of S.W. 5th Avenue and
Immediately South of the Straghn Funeral Home. ..
~ ATLANTIC AVENUE
· II I J ! ~ ~ ' - --
GENERAL DATA:
Owner .......................................................................... Alfred Straughn
Agent ........................................................................... Thomas Fiala
Techcon Design Limited
Location ........................................................................ West side of SW 5th Avenue, South of Atlantic Avenue.
Property Size ................................................................ 0.41 acre
Land Use Map Designation .......................................... Redevelopment Area #1
Existing Zoning ............................................................. RM (Medium Density Residential)
Proposed Zoning ......................................................... GC (General Commercial)
Adjacent Zoning ................................................ North: GC
East: RM
South: RM
West: GC and RM
Existing Land Use ........................................................ Vacant
Proposed Land Use ..................................................... Rezoning to GC to accommodate an expansion of the existing
funeral home located on the parcel to the north.
Water Service ............................................................... Existing 6" water main in SW 5th Avenue.
Sewer Service .............................................................. Existing 8" sanitary sewer main in SW 5th Avenue.
'C.C.
The action before the Board is the consideration and recommendation to the City
Commission on a rezoning request from RM (Medium Density Residential 12 units/acre)
to GC (General Commercial) for a portion of the Straghn. Funeral Home property. The
subject property is located on the west side of S.W. 5th Avenue, south of West Atlantic
Avenue.
This rezoning is being processed pursuant to LDR Section 2.4.5(D), Changes of Zoning.
The subject property is described as the east half of Block 21, less the south 240 feet
thereof and less the north 235 feet thereof, of Delray Beach, Florida, according to the plat
recorded in Plat Book 1, Page 3, (see attached' location map). The property is currently
vacant and contains 17,919 sq. ft. (.41 acre). The rezoning of the subject property is to
provide parking for a proposed chapel addition, north of the existing funeral home.
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The subject property was created by meets and bounds description from Block 21, Town
of Delray recorded at Plat Book 1, Page 3. The property was purchased by the current
owner in January, 1976 and has remained vacant.
The existing funeral home (located north of the subject property) received conditional use
approval from the Delmy Beach City Council on April 23, 1979. Modifications have
occurred through the years to add 700 sq. ft. of residential floor area (1987) and to add a
carport awning (1991).
REOUIRED 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,
P & Z Staff Report
Straghn Property Rezoning
Page 2
Comprehensive Plan Consistency and Compliance with the Land
Development Regulations.
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 subject property has a land use designation of Redevelopment Area #1 and a zoning
designation of RM (Medium Density Residential-12 units/acre). Pursuant to Land Use
Element Policy C-2.1, until such time as a redevelopment plan is prepared and adopted
private development shall either be deferred until the plan is completed or, the land use
request will be considered on its own merits with the existing zoning and policies of the
Comprehensive Plan. The Planning and Zoning Department and Community
Redevelopment Agency recently completed the Redevelopment Plan for the West
Atlantic Avenue Area. The plan calls for general commercial uses between Atlantic ~
Avenue 300' to 1st Street, except along S.W. 5th Avenue where the commercial area will ~
extend 600'. The plan addresses commercial impacts upon residential properties by i~.
requiring the commercial uses to be as close to Atlantic as possible and for parking and ':~
accessory uses to be located between the residential use and commercial use. The plan
was recommended for approval by the Visions Committee on May 8th, by the Planning
and Zoning Board on May 15th, and by the CRA on May 18. The plan is scheduled for
consideration before the City Commission in the coming weeks. Support for the
extension of the GC zoning along S.W. 5th Avenue is anticipated. Pursuant to Section
4.4.9(D), funeral homes are allowed as a conditional use within the GC zoning district.
Based on the above, a positive finding with respect to consistency with the future land
use map can be made.
Concurrency;Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water and Sewer: Adequate capacity exists to serve the proposed development.'
Service will be provided as follows:
· Water service will be provided via connection to the existing 6" water main located
within N.W. 5th Avenue.
· Sewer service will be provided via connection to the existing 8" sanitary sewer main
located within N.W. 5th Avenue.
· Fire suppression will be provided to the site via construction of a new fire hydrant
along N.W. 5th Avenue.
P & Z Staff Report
Straghn Property Rezoning
Page 3
Streets and Traffic:
The proposed use of the subject property is a parking lot. The parking lot is intended to
support a proposed chapel addition north of the existing funeral home, located north of
the subject property. The rezoning of the subject property to accommodate a parking lot
will have no effect on traffic concurrency. A review of traffic concurrency as it relates to
the chapel addition will be addressed at the time of conditional use approval for the
addition.
Solid W~t$~;e; The current zoning of RM allows a multiple family structure up to 12
units/acre. This use would generate.52 tons of solid waste per year. The new zoning of
GC and the proposed use of a funeral home will generate 2.5 pounds per square foot per
year. Due to the change in use, a significant decrease in solid waste generation will
occur. A positive finding with respect to solid waste can therefore be made.
Consistetlcy: Compliance with the performance standards set forth in Section 3.3.2
(Standards for Rezoning Actions) along with required findings in Section
2.4.5(D)(5), Rezoning Findings shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of overall consistency.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following objectives and policies are applicable:
Future Land Use Polic_v C-2.4: The Atlantic Avenue Redevelopment Area
extends in a corridor along Atlantic Avenue eastward from 1-95 to Swinton Avenue.
Commercial redevelopment should be approached on a block by block basis and
generally should be confmed to a depth of 300 feet from Atlantic Avenue rights-of-
way. Great care must be taken with respect to the commercial area's relationship
and its impact upon existing or proposed residential uses.
The southem 65 ft. of the subject property is located outside of the prescribed area,
however as a part of the redevelopment plan the entirety of S.W. 5th Avenue from
Atlantic Avenue to S.W. 1st Street is planned as commercial. Existing residential
property located to the west of the subject property is required to be buffered with
landscaping as a part of the Conditional Use and Site Plan approvals.
Section 3.3.2 (Standards for Rezoning Actions): The applicable performance
standards of Section 3.3.2 and other policies which apply are as follows:
P & Z Staff Report
Straghn Property Rezoning
Page 4
(D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or that if
an incompatibility may occur, that sufficient regulations exist to properly mitigate
adverse impacts from the new use.
To the north of the property to be rezoned exists the Stmghn Funeral Home. The subject
property will provide accessory parking for a proposed chapel addition. To the east are
existing commercial uses. To the south is a single family residence and to the west are
multiple family residences. Land Development Regulations require a hedge or wall and
trees along the west property line to buffer against the residential use. The funeral home
has existed in the area since 1979. The area to the south is designated for future
commercial. Compatibility findings with the funeral home use will be further addressed
with the Conditional Use.
Section 2.4.5(I))(5) Rezoning Findingst
Pursuant to Section 2.4.5(D)(5) Findings, in addition to provisions of Section 3.1.1,
the City Commission must make a finding that the rezoning full'fils one of the
reasons for which the rezoning change is being sought. These reasons include the
following:
a. That the zoning had previously been changed, or was originally established,
in error;
b. That there has been a change in circumstances which make the current
zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The applicant's justification statement reads as follows:
"The West Atlantic Redevelopment Plan was approved by the Visions Committee
on May 8th and the CRA on May 18th. Rezoning of the Property to GC is
consistent with the Redevelopment Plan, Future Land Use Map, and the future
development of the area."
The applicable reasons are "b" and "c" above. Through the approval of the West Atlantic
Redevelopment Plan, S.W. 5th Avenue is planned as a commercial corridor from Atlantic
to S.W. 1 st Avenue. Currently, the General Commercial District extends approximately
490 feet south of Atlantic on the east side of S.W. 5th Avenue and 235 feet on the west
side of S.W. 5th Avenue. As the redevelopment plan calls for commercial south to 1 st
P & Z Staff Report
Straghn Property Rezoning
Page 5
Street, the rezoning of the subject property will be consistent with the plan. The
remaining sections of S.W. 5th Avenue will be rezoned to GC later this year following
the adoption of the Future Land Use Map amendments in the redevelopment area.
Community. Redevelopment Agency
The CRA reviewed the proposed rezoning at its meeting of June 8th. The Agency
recommended approval of the petition as submitted.
Special Courtesy Notice:
A courtesy notice has been provided to the West Atlantic Property Owners Association,
De[ray Merchants Association, and the Visions Steering Committee. Any letters of
objection will be provided to the Board.
Public Notice;
Notice of the proposed rezoning has been mailed to property owners within a 500' radius
of the subject property. Letters of objection or support will be attached to the report or
presented to the Board at the meeting.
The proposed rezoning is consistent with policies of the Comprehensive Plan and Land
Development Regulations. The subject property is also a part of the planned rezoning of
S.W. 5th Avenue to GC as proposed by the West Atlantic Redevelopment Plan. Based
upon the above, the rezoning of the subject Property can be viewed as a positive first step
for S.W. 5th Avenue.
A. Continue with direction.
B. Recommend approval of the rezoning request from RM to GC for the Straghn
property based upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the Comprehensive
Plan, and Section 2.4.5(D)(5).
¢
P & Z Staff Report
Straghn Property Rezoning
Page 6
C. Recommend denial of the rezoning request from RM to GC for the Straghn
property based upon failure to make a positive finding with respect to Section
2.4.5(D)(5), the rezoning fails to fulfill at least one of the reasons listed.
By motion, recommend approval of the rezoning request to the City Commission from
RM 0Vledim Density Residential 12 units/acre) to GC (General Commercial) for'the
Straghn property based upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the Comprehensive Plan,
and Section 2.4.5(D)(5).
Attachments:
* Location Map & Survey
Y:STRAHNRZ.DOC
LEGAL VERIFICATION FORM
FILE #: 95-065
PROJECT NAME: STRAGHN FUNERAL HOME
LEGAL DESCRIPTION:
THE EAST HALF (E 1/2) OF BLOCK 21, LESS THE SOUTH 240 FEET
THEREOF AND LESS THE NORTH 235 FEET THEREOF, OF DELRAY BEACH
(FORMERLY LINTON), FLORIDA, ACCORDING TO THE PLAT THEREOF
RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN
AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 1 AT PAGE 3,
(LESS THE EAST 5 FEET THEREOF).
SOURCE of Legal Description: SURVEY DATED MARCH 24, 1995
VERIFICATION REQUEST NEEDED BY: JUNE 30, 1995
LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND
READING:
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY:
LEGSTR
CITY OF DELRAY BEACH, FLORIDA NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on the following proposed
ordinances at 7:00 P.M. on TUESDAY, AUGUST 1, 1995 (or at any
continuation of such meeting which is set by the Commission), in
the City Commission Chambers, 100 N.W. 1st Avenue, Delray Beach,
Florida, at which time the City Commission will consider their
adoption. The proposed ordinances may be inspected at the Office
of the City Clerk7 at City Hall, 100 N.W. 1st Avenue, Delray
Beach, Florida, between the hours of 8:00 a.m. to 5:00 p.m.,
Monday through Friday, except~ holidays. All interested parties
are invited to attend and be heard with respect to the proposed
ordinances.
ORDINANCE NO. 38-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM
DENSITY RESIDENTIAL) DISTRICT IN THE GC (GENERAL COMMERCIAL)
DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF S.W. 5TH
AVENUE, BETWEEN S.W. 1ST STREET AND ATLANTIC AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 40-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING ARTICLE. 7.9, "DOCKS, DOLPHINS, FINGER PIERS,
AND BOAT LIFTS", OF THE LAND DEVELOPMENT REGULATIONS TO C~L~NGE
THE REVIEW AUTHORITY FROM THE CITY ENGINEER TO THE BUILDING
DIVISION; AMENDING THE APPEAL PROVISION FROM THE CITY COMMISSION
TO THE BOARD OF ADJUSTMENT; CLARIFYING THE NUMBER OF DOCKS
ALLOWED ON A PROPERTY, REQUIRED SETBACKS, AND THE LOCATION OF
ASSOCIATED DOLPHINS; INCREASING THE DISTANCE THAT A BOAT LIFT MAY
EXTEND INTO THE WATERWAY; AMENDING TITLE XV, "BUILDING
REGULATIONS", OF THE CODE OF ORDINANCES BY REPEALING CHAPTER 150,
"DOCKS, DOLPHINS, FINGER PIERS, AND BOAT LIFTS", IN ITS ENTIRETY;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered
at this hearing, such person will need a record of these
proceedings, and for this purpose such person may need to ensure
that a verbatim record includes the testimony and evidence upon
which the appeal is to be based. The City does not provide or
prepare such record. Pursuant to F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
July 21, 1995 Alison MacGregor Harty
City Clerk
Instructions to the Newspaper:
This is a standard legal advertisement to be published in the
legal/classified section of the newspaper. There are no special
requirements. Thank you.