93-94 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.
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 Medium Density Residential; and
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated April,
I994, as being zoned RM (Medium Density Residential) District; and
WHEREAS, during review of a privately sponsored petition, it
was determined by the Planning and Zoning Board to initiate a
corrective action to resolve a nonconforming situation created by an
inadvertent action of the City; 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:
~ That the legal description of the subject
property is as follows:
Lot 6 and the South 54.5 feet of Lot 7, of the Plat
of Blue Seas as recorded in Plat Book 23, Page 185,
of the Public Records of Palm Beach County, Florida.
The subject property is located at 120! George Bush
Boulevard, at the northeast corner of Andrews Avenue
and George Bush Boulevard (known as Chapin law
offices); containing 0.40 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 of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 4 hereof.
~ ThaX 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
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
- 2 - Ord. No. 93-94
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 ~lerk ~
First Reading November 15~ 1994
Second Reading December 6~ 1994
- 3 - Ord. No. 93-94
~'~ _i I
N N. ANDR~S AVENUE
~ ~-~ F.L.U.M. AMENDMENT
N N. ANDR~S AVENUE
~ ~-~ REZONINGS
STATE OF FLORIDA" "'~
DEPARTMENT OF COMMUNITY AFFAIRS
·
NOTICE OF INTENT TO' FIND THE
CITY OF DELRAY BEACH .i:~.--~'~;;~
COMPREHENSIVE PLAN -..*~'~** ~
..... AMENDMENT IN COMPLIANCE'
DOCKET NO.. 94S6-NOI-5008-(A)-(I)
The Department'gives notice of its intent to find the )~mendment to the
Comprehensive Plan for the. City Of Delray Beach; adopted by Ordinance
No. 88-94 and 93-94 on Dece~nber 6, 1994, IN COMPLIANCE, pursuant to
Sections 163,3184, 163.3187 and 163.3189, F.S
The adopted City of Delray Beach Comprehensive Plan Amendment and'
the Department's Objections, RecommendationS. and Comments Report, (if
any), are available for public inspection Monday through Friday, except for
I_egal holidays, during normal business hours, at the C!ty of' D_elray;Beach,
City Hall, Planning 'and Zoning Department, 100 No.rthwest First Avenue,
Delray Beach,~ Florida 33444~ , · ~ .. -.~
Any affected person, as defined in Section 163.3184i 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), FA.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
recommended order to the Department. If no petition is fi!ed, 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
the hearing and mUst include all of the information
five (5) days before final'
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, Flodda 32399-1550. Failure to petition to intervene within the
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. Pattis0n, Director' ~ '~- "*
~. .. .... ; ..... / .... De artment of Community Affairs .~i. . .
.- Division~ of Resoume Planning. and Management
~ ~. ~ ; ' 2740 Centerview Drive.-. - ..........
'" ' ~' ; Tallahassee, FLorida 32399-2100 .. "'
Publish: March 16,"1995~ .~./ -;': "*':~'* 'i~:*'i''-~-''~:; *i-" "*:'" '-i. '.. ~..:::
· Boca Raton/Delray ' .......
Beach./~ ........ ';':'= ~'~.-.~ :~. - . .:..- .: --:*-~.:~*-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
CITY MANAGER
FROM:
SUBJECT: AGENDA ITEM ~ IO~ - MEETING OF
.... 1ri ...." .......... - ....... ~-
DATE: DECEMBER 1, 1994
This is second reading and public hearing for Ordinance No. 93-94
which corrects the Future Land Use Map (FLUM) designation and
zoning classification for a 0.40 acre parcel located at 1201 George
Bush Boulevard (known as the Chapin law offices). The site has a
conflict between the current FLUM designation of Medium Density and
current zoning of RM (Medium Density Residential) and the existing
use. The corrective action is to change the land use designation
from Medium 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. 93-94 on second and final
reading.
ref:agmemol5
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /~ - MEETING OF NOVEMBER 15. 1994
FIRST READING FOR ORDINANCE NO. 93-94 (CORRECTIVE ACTIONS
FOR CHAPIN PROPERTY)
DATE: NOVEMBER 11, 1994
This is first reading for Ordinance No. 93-94 which corrects the
Future Land Use Map (FLUM) designation and zoning classification
for a 0.40 acre parcel located at 1201 George Bush Boulevard (known
as the Chapin law offices). The site has a conflict between the
current FLUM designation of Medium Density and current zoning of RM
(Medium Density Residential) and the existing use. The corrective
action is to change the land use designation from Medium 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. 93-94 on first reading. If
passed, a public hearing will be held on December 6, 1994.
ref:agmemol5
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HAR~EN, CITY MANAGER
I'~E~DOZ~MIN ~'~i~R~C~~I~
THRU
:
D
DEPARTMENql OF PLANNING AND JZONING
FROM: f J~F~I~ P~RKINS, PLANNER
SUBJECT: MEETING OF NOVEMBER 15, 1994
CORRECTIVE REZONING FROM RM (MULTIPLE FAMILY
RESIDENTIAL - MEDIUM DENSITY) TO RO (RESIDENTIAL
OFFICE) AND FLUM AMENDMENT FROM MEDIUM DENSITY
RESIDENTIAL TO TRANSITIONAL FOR A PARCEL OF LAND
(LOT 6 AND THE SOUTH 54.5 FEET OF LOT 7~ BLUE SEAS
SUBDIVISION A/K/A CHAPIN LAW OFFICE).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is the approval on first
reading of a corrective rezoning of a parcel (Lot 6 and the
south 54.5 feet of Lot 7, Blue Seas subdivision) from RM
(Multiple Family Residential - Medium Density) to RO
(Residential Office) and a corrective FLUM amendment from Medium
Density Residential to Transitional.
The subject property is the Chapin property, a 0.40 acre parcel
developed with an office structure. The property is located on
the northeast corner of Andrews Avenue and of George Bush
Boulevard.
BACKGROUND:
The parcel which is affected by this action is an existing
office located at 1201 George Bush Boulevard. The office was
established in 1975 with approval of a conditional use pursuant
to the previous RM-15 zoning district. The site was rendered
non-conforming in 1990 when offices were removed as conditional
uses in the RM zoning districts with the adoption of the LDRs.
The proposed FLUM amendment is being processed as a 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 activities
City C6mmission Documentation
Corrective Rezoning and FLUM Amendment for Chapin
Page 2
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. 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
0.40 acre Chapin property from RM (Multiple Family Residential -
Medium Density) to RO (Residential Office) and a corrective FLUM
amendment from Medium Density Residential to Transitional.
Attachment:
* P&Z Staff Report
.PLANNING & ZONING BOARD
CITY OF DELRAY BEACH STAFF REPORT
MEETING DATE: October ]7, 1994
AGENDA ITEM: V.B.
ITEM: Corrective FLb~.i Amendments from Low Density Residential & ,Medium Density Residential
to Transitional & Rezonings from RM (Medium Density Residential to RO (Residential
Office).
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GENERAL DATA:
Owner .................... Edith Moore
Robert Chaptn
Agent .................... David Harden, City Manager
City of Delray Beach.
Location ................. North side of George Bush Boulevard at
Andrews Avenue.
Property Size ............ 0.74 Acres.
City Land Use Plan ....... Low Denslty Res~dentlal
Medium Density Residential
Proposed Land Use Plan...Transitional
Current Zonlng ........... ~M (Multlple Family Resldenttal -
Medium Density)
Proposed Zoning .......... RO (Residential Office)
Adjacent Zontng...North: ~
East: ~
South: ~q and SAD (Special Actlvltles
Distrtct)
West: ~ and S~
Existing Land Use ........ ~o parcels, each developed w1th an
office structure and assoclated parking
landscapt ng.
Development Proposal ..... Corrective FL~ amendment from Low
Density Res~dentlal and Medium Density
Residential %o Transitional and
corrective rezontngs from ~ to RO.
Water Se~tce ............ Extsttng on stte.
Sewer Servlce ............ Existing on site.
V.B.
I T E M B E F O R E T H E B O A R D:
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 FLU]4 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 Cltywtde rezonlngs 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 S~aff 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 3.3.9 (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
Rezontng 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 ~ntensity 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) (Rezoning 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 or-the reasons for which
the rezontng 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 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 - Usp:
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 ~taff 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 1,
1993 perimeter landscape requirements.
R E V I E W B Y 0 T H E R S:
The proposed rezonlngs 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 ~nd 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
A S S E S S M E N ? A N D C O N C L U S t: O N:
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 Citywtde
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 rezontng 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 O M M E N D A T I O 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 Perklns~ Planner
Reviewed by DD on:
Attachments:
* Zoning Map
* Future Land Use Map
Y:\PLNZN\MOOREREZ
CH_ti'IN', .PLR/~fSTI~ONG (~: t~.A. LLEtC_ANO
AITORNIF'YS AT LAW
~2OI G[ORGE GUSH BOUL[VARO
DELRiY ~EACH,
ROBERT D. CHAPIN" L[GAL
~AY~ A. WILLIAMS
~AH~ A, BALL~RANO, J~, CYNTHIA C. 5~AHAN
e CERT~r,ED ~Y FLORIDA EAR SUSAN ~. ~ANISCALCO
B~ l~ .
Diane Domin~ez
Director, Planning 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. ~min~ez:
On Septe~er 15th I received a letter from Jasmin ~len
indicatin9 that Edith Moore, o~er of the property located at the
northwest co,er of George Bush Boulevard and ~ews Avenue, is
seeking rezonin~ 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 op~se 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.
While 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 recommended 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 zonin9 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~in9 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 ~andoned and thus the do, stairs portion
Diane Dominquez
October 13, 1994
Page 2
can only be used for residential purposes.
In addition, an examination ~0f 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 usawe 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
CITY OF DELRAY BEACH, FLORIDA NQTIQE OF PUBLIC HEARING
A ING wall be held on the follow~n~ proposed ordinances
at~ P.M. 'i.~. ' '~ - ~ [ (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. All 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.
ORDINANCE NO. 88-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELI{AY 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.
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 OF DELRAY BEACH. FLORIDA
NOTICE OF LAND USE CHANGE
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 Lot 6 and the South 54.5 feet of Lot 7,
Plat of Blue Seas, Plat Book 23, Page 185, Public Records of Palm
Beach County, Florida, located at 1201 George Bush Boulevard,
Delray Beach. The proposal involves a Land Use Plan Designation
change FROM Medium Density Residential TQ Transitional. The
subject property contains 0.40 acres, more or less.
The City Commission will conduct a Public Hearing on TUESDAY,
DECEMBER 6. 1994. 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,
I00 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 DELPd%Y BEACH
November 30, 1994 Alison MacGregor Harty
City Clerk
Instructions to Newspaper: This ad is no~ 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.