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01-94 B,(~7.~ RATON ~ DELEAY BEACH ~..~ BOYNTON BEACH ~ DEERFI£LD BEACH Published Daily ' Monday through Sunday - Boca Baton, Palm Beach County, Florida A ~L~ ,EAR,NG ,~ll ~, ~ ~. fm ~lo~dng ~ Ordlr~nces at Delray Beach, Palm Beach County, Florida ~:~ P.~., ~- ~ ,~ ~.~. ~ ~n ~e clt~ C~mmlmlee Oma. bm~'l~ #.W. Ig k~, ~lray ~h, at ~h time ~ Ci~ ~mi~ STATE OF FLORZDA ,,~ .,~ ,~i~ ~ ~m. T~ COUNTY OF PALM BEACH ,~ ~. ~ ci~ c,.~ .. ~ Before tho undersigned authority personally ~,~. ~, ,~ ~.~ ~ ,. appeared MicheHe Bernzweig, Marketing Services Manager of The News, daffy news- papo~a puB~sh~d ~n Booa ~gon in Palm ~,~°~°~*"~'*~~ ,.~ ~,~ 0~ Beach County, Florida; that tho attached c,~*~c"' ~,~°~'~'~,c~ ~,0~"~'"°~,~ ~*RT~NTS', copy of advertisement was pub~shed in said .,E,~.~ o~ T.~ C0~G 0~ oR. newspapers in the issues of: ~, ~c., p~,~ ~, lNG ~ NGW S~l~ ~.~, ~ 'RETIR~T BENEFIT HA~C~N~; PROVIDI~ A V~ LIDI~ C~USE; A~D PR~IDING A~ EFFECTIVE A~ O~DI~ OF THE CITY ~ MlSSlO~ 0F THE CITY OF DELRAY BEACH, FLORIDA, ZONI~G P~CING ~ND PRESENTLY Affiant further says that The News is a newspaper pub~shed in Boca Baton, in said ,c~,,, ~c.u,,Gs, D.~ - ~ ,~,~; ~,~ ~.~ .~I.G ~T. Palm Beach County, Florida, Mon~a ~ ~' '"~ ~u,.~s, co~,~ 0F THE INTER~CTI~ ~ S.W. t~ough Sunday, and has been en~red as ~.sr~, ~ s,w,.~. ~v~. NUE; A~ ~END~NG ~0NING second class matter at the post office in ~P 0; ~. ,;~c., ;,o,,- D~ I~; ~JDIHG A GENERAL Boca Baton, Pa~ Beach County, Florida, C~sE,R~LER C~USE,AND AN EFFECTIvEA for a period of one year noxt preceding the ~' f~st pub~cation of the attached copy of ~ ~. ~., ~,,~ advertisement; and affiant further says that ~ ~ ~ ~ ~,~- ,, ~ ~ ~ ~i~, ~ he has neither paid nor promised any .i,. ~, ~. ~ ~ person, f~m or oorpormtion any discount, ~" ~' ~ ' ~ ~ a rebate, commission or refund for the put- ..~.~c,~.'~"~'~ ~ ~''' pose of securing this ~dvertisement for pub- ~.~.~.~,~. Hoation in said newspapers. Sworn to and subscribed before me this ORDINANCE NO. 1-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND PRESENTLY ZONED R-lA (SINGLE FAMILY RESIDENTIAL) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF S.W. 4TH STREET AND S.W. 4TH AVENUE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1993"; 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 September 14, 1993, as being zoned R-lA (Single Family Residential); and, WHEREAS, at its meeting of October 26, 1993, the City Commission for the City of Delray Beach initiated a rezoning of the property from R-lA (Single Family Residential) to CF (Community Facilities) District and directed staff to prepare an analysis of the rezoning; and, WHEREAS, at its meeting of December 20, 1993, the Planning and Zoning Board, as Local Planning Agency, reviewed this item 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 September 14, 1993 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 September 14, 1993, be, and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for the following described property: Lots 29 through 56 inclusive, of the SUNDY and TENBROOK ADDITION to Delray, Florida, as recorded in Plat Book 12, Page 32, Palm Beach County, Florida The subject property is located at the southeast corner of the intersection of $.W. 4th Street and S.W. 4th Avenue; containing a 2.13 acre parcel of land, more or less. Section 2. 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. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 25th day of Ja~~. ATTEST: City Clerk ~ ' First Reading January 11, 1994 Second Reading January 25, 1994 ORD. NO. 1-94 ~l~ -~ ~1~ ~1 I I I_ I I I I PUBLIC WORKS COMPLEX REZONING TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # [0~ ~ - MEETING OF JANUARY /~f. 1994 ORDINANCE NO. !-94: DATE: JANUARY 2!, 1994 This is the second reading of an ordinance correcting the zoning classification for a portion of the Public Works complex located at the S.E. corner of S.W. 4th Street and S.W. 4th Avenue from R-lA (Single Family Residential) to CF (Community Facilities). A study by the Planning and Zoning staff in June 1993 compared the Future Land Use Map, the Zoning Map, and the actual land uses to identify incorrect use classifications. One of the corrective actions initiated by the City Commission on October 26, 1993, involved this portion of the Public Works complex. The existing residential zoning is inconsistent with the Community Facilities land use designation. Likewise, residential zoning is inappropriate given the existing uses on the property (public facilities). The Planning and Zoning Board formally reviewed this item at its meeting of December 20, 1993. A public hearing was held and no one from the public had any objections. The Board unanimously recommended approval of the rezoning from R-lA to CF. At the January 11, 1994 regular meeting, Ordinance No. 1-94 passed on first reading by a 5 to 0 vote. Recommend approval of Ordinance No. 1-94 on second and final reading. CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER PRINCIPAL PLANNER SUBJECT: MEETING OF JANUARY 11, 1994 CONSIDERATION OF A CORRECTIVE CHANGE IN ZONING FROM R-lA (SINGLE FAMILY RESIDENTIAL) TO CF (COMMUNITY FACILITIES)~ FOR A PORTION OF THE PUBLIC WORKS COMPLEX ACTION REQUESTED OF THE COMMISSION: The action requested of the City commission is that of approval of a corrective rezoning action. This change is being processed in order to apply a zoning designation which correctly reflects the existing use of the property. The subject property is bounded on the west by S.W. 4th Avenue, on the north by S.W. 4th Street, on the east by S.W. 3rd Avenue, and on the south by the Public Works Complex. BACKGROUND: This corrective action is the result of an analysis that was conducted by the Planning and Zoning staff in June of last year. The study compared the Future Land Use Map, the Zoning Map, and the actual land uses, in order to identify inconsistencies and incorrect use classifications. Several incorrect land use and/or zoning designations were identified. On October 26, 1993, the City Commission initiated eleven land use amendments and rezonings as corrective actions. One of the corrective actions which was initiated involved the Public Works Complex. The subject property involves Lots 29-56 of the Sundy & Tenbrook Addition. Lots 45-47 and 52-54 contained a single family home, which the City recently purchased. The home has since been demolished. The balance of the lots contain a portion of the City's Public Works Complex, which consists of offices and facilities for the animal shelter and the parks and recreation maintenance facility. City Commission Documentaion Corrective Rezoning for the Public Works Complex Page 2 The attached staff report contains a more detailed description of the history of the property, as well as an analysis of the rezoning action. ASSESSMENT : The existing R-IA (Single Family Residential) zoning designation is inconsistent with the Community Facilities land use designation. The residential zoning is inappropriate given the existing uses on the property (public facilities). As the zoning and land use designations must be consistent, it is appropriate to rezone the subject properties to CF (Community Facilities). PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of December 20, 1993. A public hearing was held for this item, and no one from the public had any objections. The Board unanimously recommended approval of the rezoning from R-iA to CF. RECOMMEND ED ACTION: By motion, approve the corrective rezoning as described in the ordinance provided. Attachment: * P&Z Staff Report * Ordinance by others PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: DECEMBER 20, 1993 AGENDA ITEM: IV.B. CONSIDERATION OF A CITY INITIATED CORRECTIVE REZONING FROM R-lA (SINGLE FAMILY RESIDENTIAL) TO CF (COMMUNITY FACILITIES), FOR A PORTION OF THE PUBLIC WORKS COMPLEX ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission on a City initiated corrective rezoning from R-IA (Single Family Residential) to CF (Community Facilities) for a portion of the Public Works Complex. The subject property is bounded on the west by S.W. 4th Avenue, on the north by S.W. 4th Street, on the east by S.W. 3rd Avenue, and on the south by the Public Works Complex. PROPERTY DESCRIPTION: The subject property involves Lots 29-56 of the Sundy & Tenbrook Addition, which was platted in 1925. The City acquired Lots 29-44 and Lots 50-51 in 1963, and Lots 55-56 in 1966. These lots currently contain.a portion of the City's Public Works Complex, which consists of offices and facilities for the animal shelter, and the parks and recreation maintenance facility. In September 1993, the City acquired Lots 45-47 and 52-54, which contained a single family home. The single family home has since been demolished. BACKGROUND: Prior to the adoption of the Land Development Regulations and the associated zoning map in October, 1990, the subject.properties had a zoning designation of R-IA (Single Family Residential) with an underlying land use designation of Community Facilities. With the adoption of the zoning map in October, 1990, the City considered rezoning the subject properties to CF in order to provide consistency between the two maps. However, rezoning all the lots to CF would have made the privately owned single family home non-conforming, and could have decreased its appraised value. Rezoning only those lots which the City owned left a small section of the R-lA zoned property surrounded by CF zoned property. Thus, the rezoning of the entire section to CF was postponed until the property containing the house was purchased by the City. IV.B. P&Z Memorandum Staff Report Rezoning from R-iA (Single Family Residential) to CF (Community Facility) Page 2 COMPREHENSIVE PLAN ANALYSIS: 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. The existing land use plan designation is Community Facilities. The R-lA zone district is not consistent with the land use designation. Thus, by rezoning the property to CF there will be consistency between the two. REZONING ANALYSIS: 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. As the rezoning is corrective in nature, it is not necessary to make findings with respect to Section 3.3.2 (Standards for Rezoning Actions). Section 2.4.5(D)(5) (Rezoninq Findinqs): Pursuant to Section 2.4.5(D)(1) (Findings), in addition to 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: 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 reasons for which the rezoning is being sought is based on items "b" and "c" above. Reason "b" applies as the City now owns all the properties in question, and the existing zoning of R-lA is inappropriate. Reason "c" also applies, as the requested P&Z Memorandum Staff Report ' Rezontng from R-lA (Single Family Residential) to CF (Community Facility) Page 3 : zoning of CF is of similar intensity as allowed under the Future Land Use Map, and that it is more appropriate for the property based upon the existing uses on the site. ASSESSMENT: The existing R-lA (Single Family Residential) zoning designation is inconsistent with the Community Facilities land use designation. The residential zoning is inappropriate given the existing uses on the property (public facilities). As the zoning and land use designations must be consistent, it is appropriate to rezone the subject properties to CF (Community Facilities). RECOMMENDATION: By Motion, recommend to the City Commission approval of the rezoning from R-lA to CF based upon positive findings with respect to Section 3.3.1(A) (Future Land Use Map) and Section 2.4.5(D)(5) (Rezoning Findings), that the requested zoning is of similar intensity as allowed under the Future'Land Use Map. Attachments: * Location Map -- % Report prepared by: Jane~.~eeks, Senior Planner Reviewed by DJK on: ~..__. ~ ~?;~.'i'~" ' '1 Ii " "~: :~ II I~--~' ' t~f ~~-~' 'i i'" "" '~~' ' '~~ m, . jL ~~ II~ ~~ _~i ~~'~" ,c~~,~__ I IIiF~.: 11~,~ : ~~~ II ~ I I I 1 PUBUC WORKS COMPLEX TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'~' 1 SUBJECT: AGENDA ITEM # ~ - MEETING OF JANUARY 11. 1994 ORDINANCE NO. 1-94: DATE: JANUARY 7, 1994 This is first reading of an ordinance correcting the zoning classification for a portion of the Public Works complex located at the S.E. corner of S.W. 4th Street and S.W. 4th Avenue from R-IA (Single Family Residential) to CF (Community Facilities). A study by the Planning and Zoning staff in June 1993 compared the Future Land Use Map, the Zoning Map, and the actual land uses to identify incorrect use classifications. One of the corrective actions initiated by the City Commission on October 26,.1993, involved this portion of the Public Works complex. The existing residential zoning is inconsistent with the Community Facilities land use designation. Likewise, residential zoning is inappropriate given the existing uses on the property (public facilities). The Planning and Zoning Board formally reviewed this item at its meeting of December 20, 1993. A public hearing was held and no one from the public had any objections. The Board unanimously recommended approval of the rezoning from R-la to CF. Recommend approval of Ordinance No. 1-94 on first reading. If passed, a public hearing will be held on January 25, 1994.