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88-94 ORDINANCE NO. 88-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE FUTURE LAND USE MAP DESIGNATION FROM LOW DENSITY RESIDENTIAL TO TRANSITIONAL, AND CORRECTING THE ZONING CLASSIFICATION FROM RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO RO (RESIDENTIAL OFFICE) DISTRICT, FOR A PARCEL OF LAND LOCATED AT 800 NORTH ANDREWS AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND CORRECTING "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 Future Land Use Map in the Comprehensive Plan for the City of Delray Beach, Florida, as being designated Low Density Residential; and 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, during review of a privately sponsored petition for the subject property, it was determined by the Planning and Zoning Board that the request should be processed as a corrective action inasmuch as a review of City records indicates that such land use designation and zoning clessification were inadvertently applied to the property; and WHEREAS, at its meeting of October 17, 1994, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed this item and voted unanimously to recommend approval of the corrective actions, based upon positive findings; and WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan be corrected to reflect the revised land use designation, and that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be corrected to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: $~¢tion 1. That the legal description of the subject property is as follows: Parcel 1, of the Plat of Moore's Landing, as recorded in Plat Book 42, Page 72, of the Public Records of Palm Beach County, Florida. The subject property is known as the Moore property (f/k/a Tisch Realty) and is located at 800 North Andrews Avenue (west side of Andrews Avenue, north of George Bush Boulevard); containing 0.34 acres, more or less. Section 2. That the Future Land Use Map in the .Comprehensive Plan of the City of Delray Beach, Florida, is hereby corrected to reflect a land use designation of Transitional for the subject property. ~ 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)4. ~ That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby corrected to reflect a zoning classification of RO (Residential Office) District for the subject property. ~ That the Planning Director of said City shall, upon the effective date o~,this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 4 hereof. ~ That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed ~ 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. ~ That this ordinance shall become effective as follows: As to the rezoning, immediately upon passage on second and final reading; as to the small scale land use plan amendment, the date a final order is issued by the Department of Community Affairs or - 2 - Ord. No. 88-94 Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. 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 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 6th day of December , 1994. ATTEST: : City O~erk ' First Reading November 15, 1994 Second Reading December 6, 1994 - 3 - Ord. No. 88-94 N N. ANDR~S AVENUE ~ ~-~ REZONINGS DEPARTMENT OF COMMUNITY AFFAIRS ' ~'. NOTICE OFINTENT'TO FINDTHE ~. .... . " '' CITY OF DELRAY BEACH :"~ ........... ' · COMPREHENSIVE ...... DOCKET NO. 94S6-NOI-5008-(A)-(I) ....... ' .... ;':' ''~ The Department gives notice of its intent to find the Amendment to the Comprehensive Plan for the.-City Of Delra¥ Beach~ adopted by Ordinance No. 88-~4 and ~$-94 on December 8, 1994, IN COMPLIANC£, pursuant to ,eel Sections 163.3184, 163.3187'and 163~318S, F.$.. ~ ' The adol~ted City of Delray Beach Comprehmlsive Plan Amendment and' ,eel the Department's ObjectionS, RecommendationS. and Comments Report, (if any), are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City of, Delray B~ach~. City Hall, Planning 'and Zoning Department, 100 No.rthwest First Avenue, Delray Beach, Florida.. 33444._. .. . ~ .. · :~., . . ': . ~ .~. ' Any affected person, :as defined in Section 163.3184~ ES., has a right to petition for an administrative hearing to challenge the proposed agency determination that' the. Amendment to the City of Delray Beach Comprehensive Plan. is In Compliance, as' defined-in Subsection 163.3184(1), F.S. The petition must be filed within twenty-one (21) days after .publication of' this notice, and must include all of the information and: contents described in Rule 9J-11.012(7), F.A.C~ The petition must be filed ' with the Agency Clerk, Department of Community Affairs, 2740 Centerview~ Drive, Tallahassee, Florida 32399-2100, and a copy mailed or delivered to the local government. Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under' Section 120.57, F.S. If a petition is filed~ the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action.. : .~ If a petition is filed, other affected persons may petitiOn for leave to- intervene in the proceeding. A petition for intervention must be filed at least five (5) days before the final' hearing and must include ali of the information and contents described in Rule 60Q-2.010, F.A.C. A petition for leave to intervene shall be filed at the--Division of Administrative Hearings,. Department of Management Services, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550. Failure to petition to intervene within allowed time frame, constitutes a waiver of any right such a person has. to request a hearing under Section 120.57, F.S., or to participate in the administrative' hearing. -~._- .~:. : ...... '-s- Charles G. Pattison, Director ..................... Department of Community Affairs. '~ Division-of Resource Planning. and Management. - - 2740 Centerview Drive_ . ...... ~..~ .. Tallahassee, FLorida 32399-2100 . ~- The News -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: S ITY MANAGER~/~I SUBJECT: ~ENDA ITEM DATE: DECEMBER 1, 1994 This is second reading and public hearing for Ordinance No. 88-94 which corrects the Future Land Use Map (FLUM) designation and zoning classification for a 0.34 acre parcel located at 800 North Andrews Avenue (known as the Moore property and formerly known as Tison Realty). The site has a conflict between the current FLUM designation of Low Density and current zoning of RM (Medium Density Residential). The corrective action is to change the land use designation from Low Density to Transitional and the zoning from RM to RO (Residential Office) District. The Planning and Zoning Board formally reviewed this item at a public hearing on October 17, 1994, and voted unanimously to recommend approval of the corrective actions. At first reading on November 15, 1994, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 88-94 on second and final reading. ref:agmemol4 ME MQR~NDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ /~ A - MEETING OF NOVEMBER 15. 1994 FIRST READING FOR ORDINANCE NO. 88-94 (CORRECTIVE ACTIONS FOR MOORE PROPERTY) DATE: NOVEMBER 11, 1994 This is first reading for Ordinance No. 88-94 which corrects the Future Land Use Map (FLUM) designation and zoning classification for a 0.34 acre parcel located at 800 North Andrews Avenue (known as the Moore property and formerly known as Tison Realty). The site has a conflict between the current FLUM designation of Low Density and current zoning of RM (Medium Density Residential). The corrective action is to change the land use designation from Low Density to Transitional and the zoning from RM to RO (Residential Office) District. The Planning and ZOning Board formally reviewed this item at a public hearing on October 17, 1994, and voted unanimously to recommend approval of the corrective actions. Recommend approval of Ordinance No. 88-94 on first reading. If passed, a public hearing will be held on December 6, 1994. ref:agmemol4 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER D RTM T F P ,NG ZO I,NG FROM: ~EF? PERKINS, PLANNER SUBJECT: MEETING OF NOVEMBER 15, 1994 CORRECTIVE REZONING FROM RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) TO RO (RESIDENTIAL OFFICE) AND FLUM AMENDMENT FROM LOW DENSITY RESIDENTIAL TO TRANSITIONAL FOR A PARCEL OF LAND (PARCEL 1, MOORE'S LANDING SUBDIVISION A/K/A MOORE PROPERTY F/K/A TISON REALTY). ACTION REQUESTED OF THE COMMISSION: The action requested of the commission is the approval on first reading of a corrective rezoning of a parcel from RM (Multiple Family Residential - Medium Density) to RO (Residential Office) and a corrective FLUM amendment from Low Density Residential to Transitional. The subject property is the Moore property, Parcel 1, Moore's Landing (f/k/a Tison Realty), a 0.34 acre parcel containing an office and residential structure. The property is located on the west side of Andrews Avenue, north of George Bush Boulevard. BACKGROUND: The proposed amendment was requested by the owner of the property located at 800 N. Andrews Avenue (formerly Tison Realty). This parcel currently contains a structure occupied by a non-conforming office and a permitted residential use. In addition to the non-conforming use, the site also has a conflict between the current Future Land Use Map designation (Low Density Residential) and zoning (RM). The proposed FLUM amendment is being processed as Small Scale Development pursuant to Florida Statutes 163.3187. This statute permits any local government comprehensive land use amendments directly related to proposed small scale development City Commission Documentation Corrective Rezoning and FLUM Amendment for Moore Page 2 activities to be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to several conditions. All of those conditions are met for the parcel. A more complete description of 163.3187 and the subject parcel is contained in the P & Z Board staff report. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered the proposed corrective rezoning and FLUM amendment at a public hearing during its regular meeting of October 17, 1994. No objections or concerns were raised by the Board or by the public at the meeting. However, one letter of objection was received and is included as an attachment to the P & Z staff report. The Board unanimously recommended approval of the proposed rezoning and FLUM amendment. RECOMMENDED ACTION: By motion, approve on first reading a corrective rezoning of the 0.34 acre Moore property from RM (Multiple Family Residential - Medium Density) to RO (Residential Office) and a corrective FLUM amendment from Low Density Residential to Transitional. Attachment: * P&Z Staff Report PLANNING & ZONING BOARD CITY OF DELRAY BEACH STAFF REPORT--- MEETING DATE: October 17, 1994 AGENDA ITEM: V.B. ITEM: Corrective FLUM Amendments from Low Density Residential & Medium Density Residential to Transitional & Rezonings from RM (Medium Density Residential to RO (Residential Office). 'I ..... ~il~ '~,,'"' ;~ ...... ) .... , ..... I"i ...... It ¢' I~11 ~~ I ~ u J_ i .. ~_~ ~_ I . . , I ......... II ~ ._ _ GENERAL DATA: Robert Agent .................... David ~a=den~ City Hanage~ ~ocatton ................. ~orth side And~e~s Avenue. ~opertf Sl~e ............ 0,14 Acres, City ~and Use ~lan ....... ~o~ Density Resldentt~t Nedfum Density Restde~tt~t ~=oposed ~and Use Cu~=ent Zonfn9 ........... ~ (~utttpte raally Resldenttat - Medium Density) Proposed Zoning .......... RO (Residential Off~ce) Adjacent Zoning...North: East: South: ~ and SAD (Special Act~v~tles Dlstrlct) West: ~ and S~ Existing Land Use ........ ~o parcels, each developed w~th an office structure and associated parking landscaping. Development Proposal ..... Corrective FL~ amendment from Low Density Residential and Medium Density Residential to Transitional and corrective rezonings from ~ to RO. Water Se~ice ............ Existing on site. Sewer Service ............ Existing on site. ITEM BEFORE THE BOARD: The action before the Board is making a recommendation on corrective rezonings from RM. to RO and Small Scale Future Land Use Plan amendments from Low Density Residential and Medium Density Residential to Transitional for two parcels. The subject properties are Moore's Landing, Parcel 1, located on the west side of Andrews Avenue, north of George Bush Boulevard and Lot 6, with the south 54.5 feet of Lot 7, Blue Seas, located on the northeast corner of Andrews Avenue and George Bush Boulevard. The two parcels have a total area of 0.74 acres. Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to rezoning and/or FLUM Amendment of any property within the City. BACKGROUND: The proposed amendment was requested by the owner of the property located at 800 N. Andrews Avenue ( formerly Tison Realty). This parcel currently contains a structure housing a non-conforming office structure and a permitted residential use. In addition to the non-conforming use, the site also has a conflict between the current Future Land Use Map designation (Low Density Residential) and zoning (RM). While reviewing the history of this parcel, staff discovered three adjacent properties which either have inconsistencies between FLUM and zoning or have non-conforming structures. Three of the four parcels were considered for a FLUM amendment from Low Density Residential to Medium Density Residential with Comprehensive Plan Amendment 91-1. However, the FLUM amendment was not transmitted with 91-1. Of the four parcels, two will be considered for small scale FLUM amendments at this time, while the remaining two (the two parcels located to the north of the Moore parcel, developed with single family residences and assigned a FLUM designation of Low Density Residential with RM zoning) will be considered as a portion of Comprehensive Plan Amendment 95-1. The property located at 800 N. Andrews Avenue (formerly Tison Realty) was annexed into the City with initial zoning of R-3 in 1963, via Ordinance G-508. A single family residence was constructed on the property in 1963. The site was subsequently converted to office use. In 1979, a residential unit was added to the non-conforming office. The parcel was given the FLUM designation of Low Density Residential with the adoption of the Comprehensive Plan in 1989 and assigned to the RM zoning district with the Citywide rezonings in 1990. Thus, there is a conflict between the FLUM designation and zoning for the parcel. As the property is developed with an existing office structure, a FLUM amendment to Transitional and a Rezoning to RO (Residential Office) may be appropriate. These actions will eliminate the P&Z Staff Report Rezoning and FLUM Amendment for Moore and Chapin Page 2 conflict between the City's FLUM and zoning designations and bring the current use of the property into conformity with the LDRs. The Chapin parcel, located at the northeast corner of Andrews Avenue and George Bush Boulevard (1201 George Bush Boulevard), was annexed in 1975 with initial zoning of RM-15. At that time offices were permitted in multiple family zoning districts as conditional uses. Conditional Use and Site Plan approval for the construction of an office building were granted in 1975 and the approved structure was constructed in 1979. The site has been in use as an office since that time. With the adoption of the LDRs in 1990, offices were deleted as a Conditional Use in the RM district. Thus the office use on the parcel is now non-conforming. COMPREHENSIVE PLAN ANALYSIS: The proposed FLUM amendments are being processed as Small Scale Developments pursuant to Florida Statutes 163.3187 as amended by Senate Bill 1882, effective April 8, 1992. This statute permits any local government comprehensive land use amendments directly related to proposed small scale development activities to 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 either 10 acres of nonresidential land or 10 acres of residential land with a density of 10 units per acre or less; * The cumulative effect of the amendments processed under this section shall not exceed 60 acres annually; and, * The proposed amendment does not involve the same property owner's property within 200' of property granted a change within a period of 12 months. The two subject parcels contain a total area of 0.74 acres, contain existing office developme.nts. They will receive the Transitional FLUM designation and RO zoning. Neither of the parcels have been considered for a FLUM amendment nor has by either of the two property owners been granted an amendment on any property within 200' of the subject parcels. These parcels, along with all other small scale amendments processed by the City in the last year do not exceed the 60 acre limit. Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1(A) all land uses and structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The existing structures are not permitted in the current zoning designation for the site (RM), which is inconsistent with the current Low Density Residential FLUM designation for one of the parcels. P&Z Staff Report Rezoning and FLUM Amendment for Moore and Chapin Page 3 The current Future Land Use designations for the subject parcels are Medium Density Residential (Chapin) and Low Density Residential (Moore). The proposed FLUM designation for the parcels is Transitional. According to the definition of the Transitional FLUM Designation in the Future Land Use Element of the Comprehensive Plan, can "In some instances.., provide for a transition between less intensive residential use and commercial uses." This is the function provided by this site. As the subject parcels are located between an existing residential area with a mix of single and multiple family units to the north and west and an existing four story office structure, the FLUM designation is appropriate. ZONING ANALYSIS: 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 following four areas. 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 requested zoning change is from RM (Multiple Family Residential - Medium Density) to RO (Residential Office). The Residential Office zoning district is identified as appropriate under the Transitional designation in Table T-6 of the Comprehensive Plan. 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. As the sites are currently developed, no additional demand for service capacity will be generated by this action. No future development of the sites is proposed. A positive finding can be made with respect to concurrency. Consistency: 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. P&Z Staff Report Rezoning and FLUM Amendment for Moore and Chapin Page 4 A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following policy was found: Coastal Management Element Policy C-3.2: There shall be no change in the intensity of land use within the barrier island... The Transitional FLUM designation does permit development of a higher intensity than permitted under the current Low Density and Medium Density Residential designations. While no increase in intensity could be accommodated under the proposed RO zoning regulations, the Transitional FLUM designation could theoretically permit rezoning to the NC, POC, or POD zoning districts. However, the proposed FLUM amendments and rezonings are corrective and will merely render the existing uses conforming. Furthermore, rezoning of either of the parcels to a higher intensity is be prohibited by this policy. No increase in intensity will be created by the proposed action. 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~ ' 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. The subject properties are currently zoned RM. The properties are adjacent to other RM zoned properties with an existing office structure zoned SAD (Special Activities District) to the south. Properties to the north, east, and west are zoned RM and developed with a mix of multi-family, duplex, and some single family residential. According to the Comprehensive Plan, areas designated Transitional on the Future Land Use Map can "In some instances...provide for a transition between less intensive residential use and commercial uses." This is the function provided by the subject parcels. The two existing offices in residential style buildings act as an intermediate intensity between the higher intensity office structure to the south and west and the nearby residential development. The RO zoning designation is appropriate for the Transitional FLUM designation and for this site. The zoning change and FLUM amendment will reflect existing conditions and will not adversely affect the compatibility of the property with adjacent uses. Standards "A," "B," and "C" do not apply to this property. Section 2.4.5(D)(5) (Rezo~ing Findings): Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a P&Z Staff Report Rezoning and FLUM Amendment for Moore and Chapin Page 5 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 appropriat9 for the property based upon circumstances particular to the site and/or neighborhood. The applicable reason is "a," pursuant to the following: The subject properties were developed pursuant to former Multiple Family Residential zoning districts which permitted office uses as Conditional Uses. At the time of the Citywide rezoning associated with the adoption of the LDRs in 1990, the site remained in the RM district. However, the adopted LDRs removed office uses from the RM district at that time. This rendered the existing office uses and structures non-conforming. Since the two sites were developed with office structures that were residential in appearance, it appears that the most appropriate zoning designation for these properties was and is RO. Additionally, reason "c" would also be appropriate. The existing office uses are, in some respects, more appropriate than multiple family residential development on these small parcels which provide for a more gradual change in intensity from commercial to residential. LDR Compliance - Use~ Section 4.4.17 Residential Office (RO) District: "The Residential Office District (RO) is created in order to provide a very limited application of professional, office, and similar intensity use to small parcels on properties designated as Transitional on the Future Land Use Map..." The subject properties meet the above described Purpose and Intent of the RO district. All uses in the structures are permitted in the RO district. LDR Compliance - Development Standards: As this is a developed property and no additions or physical changes to the site are proposed as a part of this zoning change, upgrading the site to current development standards is not required. However the following information is provided for the record. P&Z Staff Report Rezoning and FLUM Amendment for Moore and Chapin Page 6 Section 4.3.4(K) Development Standards Matrix: Both sites meet most development standards for RO zoning, per LDR Sections 4.3.4(K) Development Standards Matrix, and 4.4.17 Residential Office (RO) District, including setbacks, building height, lot coverage, open space minimum lot size and minimum lot dimensions. The Ttson Realty building has a non-conforming rear setback. Section 4.6.9 Parking Requirements: Per LDR Section 4.6.9(C)(4)(c) general office uses are required to provide 4 spaces per 1,000 square feet of floor area for buildings under 3,000 square feet or 3.5 spaces per 1,000 square feet for structures greater. The Tison Realty site has a 1,352 square feet of floor area, requiring 6 spaces plus 3 spaces to meet the requirement for the upstairs apartment. Nine spaces are provided. The Chapin site consists of a 5,550 square foot office structure, requiring 20 spaces. Twenty-eight spaces are provided. Design standards for parking spaces and aisleways are generally met on the Chapin property. However, several non-conformities regarding aisle widths and maneuvering area exist on the Tison Realty site. Section 4.6.16 Landscaping: A full review of landscaping requirements for the two sites was not undertaken for this review. Current landscape requirements are probably not fully met for the two parcels. However, neither of the parcels were cited for non-compliance with the October l, 1993 perimeter landscape requirements. R E V I E W B Y 0 T H E R S: The proposed rezonings and FLUM amendment's are not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). Neiqhborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. A special certified notice has been sent to each of the property owners of record. Courtesy notices have been sent to the following homeowners associations and citizens groups: * Sandra Almy Beach Property Owners Association who have requested notification of petitions in that area. Letters of objection, if any, will be presented at the P & Z Board meeting. P&Z Staff Report Rezoning and FLUM Amendment for Moore and Chapin Page 7 ASSESSMENT AND CONCLUSION:- The existing Low Density Residential and Medium Density FLUM designations appear to have been assigned to the existing office uses in error with the adoption of the Comprehensive Plan and FLUM in 1989. Likewise, the current RM zoning appears to have been retained in error for the two parcels at the time of the Citywide Rezoning. The proposed rezoning to RO will not affect the intensity of development on the site or the compatibility of the site with surrounding properties. A rezoning of this property from RM to RO would allow for the continuation of and necessary improvements to the existing facilities without being subject to restrictions imposed on non-conforming properties. All required positive findings can be made. The proposed rezonings and FLUM amendments for the two parcels are appropriate. A L T E R N A T I V E A C T I 0 N S: A. Continue with direction. B. Recommend approval of rezonings from RM to RO and FLUM amendments from Low Density Residential and Medium Density Residential to Transitional for of the Moore (f/k/a Tison Realty) and Chapin parcels. C. Recommend denial rezonings and FLUM amendments for the subject parcels, based on a failure to make positive findings. S T A F F R E C 0 M M E N D A T I 0 N: Recommend approval of rezonings from RM to RO and FLUM amendments from Low Density Residential and Medium Density Residential to Transitional for the two office parcels (Moore and Chapin parcels), 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). Report prepared by: Jeff Perkins, Planner Reviewed by DD on: Attachments: * Zoning Map * Future Land Use Map Y:\PLNZN\MOOREREZ CHAPIN, 2~/qMSTRONG ~ ~ALLEI{ANO ATTORNEYS AT J.AW DELR~Y ]~EACH, ~LO~IDA 33~3-7203 TEL[COPIER (407) ~7~-~44~ ~OB~T D. C~APlNe LEOAL ASSISTANTS ~AVIO O. A~TRONOe JAHES A. BALLERANO, JR. FAYE A. WILLIAMS CYNTHIA C. 5EAHAN CERTifiED BY FLORIDA BAR 5U~AN H. ~ANI~CALCO WILLS. T~T~ AND Diane Domin~ez Director, Pla~ing and Zoning Department City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: PC ~ 12-43 -46-09-05-000-0060 Dear Ms. Domin~ez: On Septe~er 15th I received a letter from Jasmin ~len indicating that Edith Moore, o~er of the property located at the northwest co~er of George Bush Boulevard and ~ews Avenue, seeking rezoning of her property to Residential Office (RO) District. ~ a result of Mrs. Moore's re~est, the City seeks to rezone my law office building to RO as well. I oppose Edith Moore's re~est to rezone her property to RO. When I p~chased my property in 1973, the zoning of Mrs. Moore's property and my property was ~-15. ~ile I was a me~er of the City Co~cil from 1977 to 1979, and with the assistance of the Pla~ing and Zoning Board, the City Co~cil rezoned a majority of the properties in Delray Beach to prese~e the residential character of our comm~ity. Specifically, I reco~ended that the properties on Northeast 8th Street, now ~o~ as George Bush Boulevard, east of the Intracoastal be do--zoned from ~-15 to ~-10. In 1979, ~-10 zoning authorized professional offices as a conditional use. I applied for and obtained a conditional use to const~ct a professional office building. As such, I have been a confo~ing use ever since. In contrast to my confo~ing use, Mrs. Moore's property has been a non-confo~ing use. Until March of this year, Tison Realty occupied the do--stairs of Mrs. Moore's duplex property. The upstairs is leased as a residential apartment. The commercial use of the do, stairs portion of Mrs. Moore's property has been abandoned and thus the do--stairs portion Diane Dominquez October 13, 1994 Page 2 can only be used for residential purposes. In addition, an examination ~f Mrs. Moore's property will indicate that commercial usage is inappropriate with the existing residential usage. Specifically, there are 15 apartments at Waterway North and three apartments immediately west of~ Edith Moore's property. Edith Moore sold both parcels west of her property for residential development, granting an easement for ingress and egress across her property. In summary, commercial usage of the downstairs portion of Mrs. Moore's property has been abandoned, and to permit continuing commercial use of the downstairs portion of Mrs. Moore's property is inconsistent with existing residential usage. Thank you for your anticipated cooperation. Since__rely yours, RDC:dlb QIT¥ OF DELRAY BEACH. FLORIDA NOTICE QF PUBLIC HEARING A ......... ~ ............... ~G will be held on the following proposed ordinances at~ P.M. --~'~ ...... _~i~'i~'~11--.~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 Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except holidays. Ail interested parties are invited to attend and be heard with respect to the proposed ordinances. ORDINANCE NO. 61-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PART OF ROCKLAND PARK SUBDIVISION, LOCATED ON THE WEST SIDE OF MILITARY TRAIL APPROXIMATELY 2,800 FEET NORTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RL (LOW DENSITY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 62-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND KNOWN AS THE LEE PROPERTY, LOCATED WEST OF AND ADJACENT TO KINGSLAND PINES SUBDIVISION ON THE WEST SIDE OF GALLAGHER ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 63-94 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 LI (LIGHT INDUSTRIAL) DISTRICT; SAID LAND BEING LOCATED ON THE NORTH SIDE OF S.W. 10TH STREET, BETWEEN S.W. 13TH AVENUE AND S.W. 15TH AVENUE; AND AMENDING "ZONING DISTRICT MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE FUTURE LAND USE MAP DESIGNATION FROM LOW DENSITY RESIDENTIAL TO TRANSITIONAL, AND CORRECTING THE ZONING CLASSIFICATION FROM RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO RO (RESIDENTIAL OFFICE) DISTRICT, FOR A PARCEL OF LAND LOCATED AT 800 NORTH ANDREWS AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 93-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE FUTURE LAND USE MAP DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL TO TRANSITIONAL, AND CORRECTING THE ZONING CLASSIFICATION FROM RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO RO (RESIDENTIAL OFFICE) DISTRICT, FOR A PARCEL OF LAND LOCATED AT 1201 GEORGE BUSH BOULEVARD, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 94-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 94-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 94-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 91-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XI, "BUSINESS REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING CHAPTER 112, "ALARM SYSTEMS", IN ITS ENTIRETY, AND ENACTING A NEW CHAPTER 112, "ALARM SYSTEMS", TO PROVIDE FOR THE REGULATION OF ALARM SYSTEMS WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. - 2 - ORDINANCE NO. 92-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", TO PROVIDE FOR CORRECTIONS IN THE CONNECTION FEE WHICH WAS INADVERTENTLY AMENDED BY PASSAGE OF ORDINANCE NO. 22-94; TO PROVIDE FOR REPEAL OF SECTIONS 53.130(B), "CONNECTION CHARGE", AND SECTION 53.130(C), "EXCEPTIONS TO CONNECTION CHARGE"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER 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 nor prepare such record. Pursuant to F.S. 286.0105. PUBLISH: Delray Beach News CITY OF DELRAY BEACH November 23, 1994 Alison MacGregor Harty City Clerk - 3 - CITY QF DELRAY BEACH. FLORIDA NOTICE QF LAND U~E CHAN~E The City Commission of the City of Delray Beach, Florida, will consider a proposed change to the Future Land Use Map for a parcel of land known as Parcel 1 of the Plat of Moore's Landing, Plat Book 42, Page 72, Public Records of Palm Beach County, Florida, located at 800 North Andrews Avenue, Delray Beach. The proposal involves a Land Use Plan Designation change FROM Low Density Residential TO Transitional. The subject property contains 0.34 acres, more or less. The City Commission will conduct a Public Hearing on TUESDAY. DECEMBER ~, ~94, AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. At this meeting the City Commission intends to adopt this amendment to the Future Land Use Map. All interested citizens are invited to attend the public hearing and comment upon the proposed Land Use Plan Amendment or submit their comments in writing on or before the date of this hearing to the Planning and Zoning Department. For further information or to obtain copies of the proposed amendment, please contact Jeff Perkins at the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 407/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. 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 OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: Delray Beach News CITY OF DELRAY BEACH November 30, 1994 Alison MacGregor Harty City Clerk Instructions to Newspaper: This ad is not to appear in the legal advertisement section of the newspaper. The ad must be at least one standard column wide and six (6) inches long. The headline [CITY OF DELRAY BEACH, FLORIDA NOTICE OF LAND USE CHANGE] must be an 18 point bold headline. Thank you.