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Ord 16-99 ORDINANCE NO. 16-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL) DISTRICT IN THE GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING COMMONLY KNOWN AS THE SOUTH HALF OF THE KEELER'S DRAPERIES PROPERTY AT 3415 SOUTH FEDERAL HIGHWAY, LOCATED ON THE EAST SIDE OF SOUTH FEDERAL HIGHWAY, APPROXIMATELY 150 FEET SOUTH OF TROPIC ISLE DRIVE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned RM (Multiple Family Residential) District; and WHEREAS, at its meeting of April 19, 1999, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of GC (General Commercial) District for the following described property: A parcel of land lying in Section 32, Township 46 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Lots 69 thru 72 inclusive, Tropic Isle Harbor Shopping Center, according to the Plat thereof recorded in Plat Book 25, Page 77, of the Public Records of Palm Beach County, Florida. TOGETHER WITH: The area of land labeled as "Service Alley" and "10' Walk", lying adjacent to the west lot line of Lot 72, and the south lot lines of Lots 69, 70, 71, and 72, Tropic Isle Harbor Shopping Center, according to the Plat thereof recorded in Plat Book 25, Page 77, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Beginning at a point at the northwest comer of said Lot 72; thence in a westerly direction, along the westerly projection of the north line of said Lot 72, to a point of intersection with the east right-of-way line of U.S. Highway No. 1 (Federal Highway); thence in a southerly direction, along said right-of-way line, to a point of intersection with the southern plat limit of said Plat of Tropic Isle Harbor Shopping Center, also being the south line of the NE ¼ of the NE ¼ of the NE ¼ of said Section 32; thence in an easterly direction, along said south plat limit line, to a point of intersection with the southerly projection of the east lot line of said Lot 69; thence in a northerly direction along said southerly projection, to a point at the southeast comer of said Lot 69; thence in a westerly direction, along the south lot lines of said Lots 69, 70, 71, and 72, to a point at the southwest comer of Lot 72; thence in a northerly direction along the west lot line of Lot 72, to a point at the northwest comer of Lot 72, being the point of beginning. The subject property is located on the east side of South Federal Highway, approximately 150 feet south of Tropic Isle Drive; containing 0.6 acre, 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 immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 18'ch day ofT ST:Iqay ., 1999. y~M ~ First Reading ~qay 4, 1999 Second Reading l~lay 18, 1999 - 2 - ORD. NO. 16-99 CURLEW ROAD A~NUE TO YO FA MORSE SA TURN : ,:' ~ACINT~ DRI~ : MOBILE PLAZA ~ E~STV~EW : HOME~ ~ ~LLA GE " ~RIS DRIVE ,, SHERWOOD f 5~OPPING TROPIC MOBIL E CEN 7ER VIE W HOME~ LINDELL ~VARD J AVENUE L CANAL ~OINT N ~ i i ~ ~ELICAN ~ BDCA ISLE HARBOR THE ; J-- SHOPPES~ TRO=IC iSLE DR PELICAN POINTE CONDO VTy LiMiTS~u CITY OF WALK BOCA RATON s CANAL C-15 IIlIllIHIillllIllI llI IIIIlIII - CORRECTIVE REZONING - CITY 0~ DELRAY BEACh, Ft. FROM: RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSFi'Y) TO: GO (GENERAL COMMERCIAL) PLANNINC A, ZONINg, D~DARTIAENT ---- D/C/1A.Z. ~4SE MAP $,'~TEM -- MA~ REt: LM335 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM #/0~- REGULAR MEETING OF MAY 18r 1999 ORDINANCE NO. 16-99 (CORRECTIVE REZONING FOR A PORTION OF KEELER'S DRAPERIES PROPERTY) DATE: MAY 12, 1999 This is second reading and a quasi-judicial public hearing for Ordinance No. 16-99 which rezones the south half of a 0.60 acre lot located on the east side of South Federal Highway, approximately 150 feet south of Tropic Isle Drive, from RM (Multiple Family Residential) to GC (General Commercial) District. The overall site is commonly known as Keeler's Draperies at 3415 South Federal Highway. It was developed in 1960 with a one story commercial building and an associated parking lot. The north half of the property is zoned General Commercial. Due to a mapping error, the south half of the lot was incorrectly labeled RM (Multiple Family Residential). Hence, this action is a City- initiated rezoning to bring the south half consistent with the north half and the established commercial use. The Planning and Zoning Board considered this rezoning at a public hearing on April 19, 1999. Public testimony was taken from Mr. Norman Maslow (PROD-Progressive Residents of Delray) who questioned the zoning boundary lines and property lines. After discussion, the Board recommended approval of the rezoning by a vote of 5 to 0, based upon positive findings. At first reading on May 4, 1999, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 16-99 on second and final reading, based upon the findings and recommendation of the Planning and Zoning Board s/city Clerk/ord. 16-99 TO: DAVID T. HARDEN, CITY MANAGER THRU: PA,UL'~DORLII~G,... ,.-~ --ACTING DIRECTOR OF PLANNING AND ZONING FROM: CLAIRE LYTE-GRA~M, PLANNER~~~I~~_~.~ SUBJECT: MEETING OF MAY 4, 1999 REZONING FROM RM (MULTIPLE FAMILY RESIDENTIAL) TO GC (GENERAL COMMERCIAL) FOR A PARCEL OF LAND LOCATED ON THE EAST SIDE OF SOUTH FEDERAL HIGHWAY, APPROXIMATELY 150' SOUTH OF TROPIC ISLE DRIVE. The action requested of the City Commission is that of approval on first reading of an ordinance rezoning the south ~ of a .60 acre lot located on the east side of S. Federal Highway, approximately 150' south of Tropic Isle Drive. The subject property was originally platted as part of Tropic Isle Harbor Shopping Center Subdivision in 1957. In the 1980s portions of Tropic Isle Harbor Shopping Center Subdivision were replatted as a part of Pelican Harbor Phase IV (now Pelican Pointe Condominiums), Pelican Harbor North No. 2 (now Boca Isle Condo), and Pelican Harbor Shoppes. The remaining Tropic Isle Harbor Shopping Center Subdivision parcel (subject property) was developed in 1960 with a one story commercial building (Keeler's Draperies, 3415 S. Federal Highway) and an associated parking lot. The north % of the subject property is zoned GC (General Commercial). Due to a mapping error, the south ¼ of this lot was incorrectly labeled RM (Multiple Family Residential-Medium Density), and is being rezoned to GC to be consistent with the north % and the established commercial use. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of April 19, 1999 the Planning and Zoning Board held a public hearing in conjunction with review of the rezoning. Public testimony was taken from Mr. Norman Maslow (PROD-Progressive Residents of Delray), who questioned the zoning boundary lines and property lines. After closing the public hearing, the Board unanimously recommended approval of the rezoning on a 5-0 vote (Robin Bird and Alberta McCarthy absent). By motion, approve on first reading the ordinance rezoning the parcel from RM (Multiple Family Residential) to GC (General Commercial), and setting a public hearing date of May 18, 1999. Attachments: . P & Z Staff Report of April 19, 1999 /5'/"' .~~ . Ordinancel6-99, byOthers ~~ '~'~-~z¢/c'/~ PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 19, 1999 AGENDA ITEM: IV.B. ITEM: City Initiated Corrective Rezoning From RM (Multiple Family Residential-Medium Density) to GC (General Commercial) For a Parcel of Land Located on the East Side of South Federal Highway (U.S. 1), Approximately 150 ft. South of Tropic Isle Drive. BASEBALL SCHOOL GENERAL DATA: Owner ..................................... Elizabeth Foster Applicant ................................. David T. Harden, City Manager Location .................................. East side of Federal Highway (U.S. 1), approximately 150 ft. south of Tropic Isle Drive. Property Size .......................... 0.6 Acre Land Use Map Designation .... General Commercial Existing City Zoning ................ RM (Multiple Family Residential- Medium Density) Proposed City Zoning ............. GC (General Commercial) Adjacent Zoning ............ North: GC East: RM South: PRD (Planned Residential) West: PC (Planned Commercial) Shopping Center Proposed Land Use ................ Corrective Rezoning of the parcel to a more appropriate zoning designation Water Se~ice ......................... N/A ........... Sewer Se~ice .............. N/A The item before the Board is that of making a recommendation to the City Commission on a City initiated rezoning from RM (Multiple Family Residential-Medium Density) to GC (General Commercial) for a property located at the southeast corner of S. Federal Highway and Tropic Isle Drive, pursuant to LDR Section 2.4.5(D). 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 of any property within the City. The proposal involves the south ~ of a lot located at the southeast corner of S. Federal Highway and Tropic Isle Drive (the entire lot consists of approximately .60 acre). The subject property was originally platted as part of Tropic Isle Harbor Shopping Center Subdivision in 1957. In the 1980s portions of Tropic Isle Harbor Shopping Center Subdivision were replatted as a part of Pelican Harbor Phase IV (now Pelican Pointe Condominiums), Pelican Harbor North No. 2 (now Boca Isle Condo), and Pelican Harbor Shoppes. The remaining Tropic Isle Harbor Shopping Center Subdivision parcel (subject property) was developed in 1960 with a one story commercial building (Keeler's Draperies, 3415 S. Federal Highway) and an associated parking lot. At the time the site was developed the property was zoned C- 1 (General Commercial). The property was rezoned to RM-20 in 1972. Since 1972 the property had various multi-family zoning designations until 1990, when the property was rezoned from RM- 10 to GC in part (north ~) and RM in part (south ~), with the Citywide rezoning and adoption of the Land Development Regulations. The north ~ of the subject property is zoned GC (General Commercial). Due to a mapping error, the south ~ of this lot was incorrectly labeled RM (Multiple Family Residential-Medium Density), and must be rezoned to GC to be consistent with the north ~ and associated commercial use. The south ~ of the lot was also incorrectly labeled with respect to the Future Land Use Map, with an assigned classification of MD (Medium Density Residential). This error was corrected on the FLUM in 1997 with the establishment of the digital mapping system, and the FLUM designation was changed from MD to GC (General Commercial). The northwest corner of Pelican Pointe Condominiums directly east is incorrectly identified as GC on the zoning map and must be classified as RM to be consistent with the overall RM zoning designation of Pelican Point Condominiums. The zoning error for Pelican Point can be corrected administratively on the City Zoning Map, as the vast majority of the property is zoned RM. Where a zoning district boundary P & Z Staff Report Corrective Rezoning from RM to GC for Keeler's Draperies Page 2 divides a lot, the zoning designation on the greater portion shall apply to the entire parcel. The zoning split on Keeler Draperies properties is too close to call and is therefore being handled through a corrective rezoning. The request now before the Board is the corrective rezoning of the south % of the Keeler Draperies property from RM (Multiple Family Residential-Medium Density) to GC (General Commercial). REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.J.l(Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The FLUM (Future Land Use Map) designation for the subject property is GC (General Commercial). The property is currently zoned RM and the existing use is commercial. Thus, the zoning is inconsistent. The requested zoning change from RM to GC is corrective, and will result in consistency with respect to the existing commercial use on the property, and GC FLUM designation. 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. The proposed rezoning is corrective, and no new development or redevelopment is proposed with this request. Based upon the above, the rezoning will not impact facilities as they pertain to water and sewer, drainage, traffic, parks or recreation, or solid waste. P & Z Staff Report Corrective Rezoning from RM to GC for Keeler's Draperies Page 3 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. Section 3.3.2 (Standards for Rezoning Actions): Standards A, B and E are not applicable. The applicable performance standards of Section 3.3.2 are as follows: C) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. 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. Keeler's Draperies is surrounded by the following zoning districts and land uses: to the north and west are Pelican Harbor Shoppes and vacant land on properties zoned PC (Planned Commercial); south is vacant land on property zoned PRD (Planned Residential); and, east is Pelican Pointe Condominiums on property zoned RM (Multiple Family Residential-Medium Density). The rezoning of the south % of the lot is corrective, and will result in the application of an appropriate zoning classification which is consistent with the zoning designation of the balance of the property, and the associated land use. This use has been at this location since 1960 and no new development is proposed. Based upon the above, positive findings can be made with respect to the applicable performance standards. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning 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; P & Z Staff Report Corrective Rezoning from RM to GC for Keeler's Draperies Page 4 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 reason for the rezoning is "a". This corrective rezoning will result in the assigning of appropriate classification for the existing use, as well as consistency with respect to zoning designation for the entire parcel, and the underlying GC FLUM designation. Compliance with Land Development Regulations: The proposed use is to be in compliance with the Land Development Regulations. Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. The subject property is developed and no additional improvements are proposed with this request. The subject property is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Special courtesy notices have been sent to: Tropic Isle Homeowners Association Tropic Harbor Condominiums Pelican Harbor Homeowners Association Pelican Pointe Association Letters of objection or support, if any, will be presented at the P & Z Board meeting. P & Z Staff Report Corrective Rezoning from RM to GC for Keeler's Draperies Page 5 The rezoning of the subject property is corrective and will result in consistent zoning identification of the overall lot and associated land use. The proposed GC zoning designation is consistent with the GC classification of the north ~ of the parcel, with the underlying GC FLUM designation, and the existing commercial use. The commercial use on the property has existed at this site for many years and the surrounding properties will not be affected by the zoning change. No new redevelopment or redevelopment is anticipated with this request. A. Continue with direction. B. Recommend to the City Commission approval of the rezoning request from RM (Multiple Family Residential-Medium Density) to GC (General Commercial) for Keeler's Draperies, based upon positive findings with respect to Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), and 2.4.5(D)(5)(a) of the Land Development Regulations, that the zoning had been established in error. C. Recommend to the City Commission denial of the rezoning request from RM (Multiple Family Residential-Medium Density) to GC (General Commercial) for Keeler's Draperies, with basis stated. Recommend to the City Commission approval of the rezoning request from RM (Multiple Family Residential-Medium Density) to GC (General Commercial) for Keeler's Draperies, based upon positive findings with respect to Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), and 2.4.5(D)(5)(a) of the Land Development Regulations, that the zoning had been established in error. Attachments: (~ Location Map I~1 Existing Zoning Map KIA DELRA Y ~ ,, TO YO TA MORSE SA TURN NYACtN~ DUMAR MOBILE PLAZA EASTVIEW HOMES VILLAGE PC C SHERWOOD HONDA DELRA Y SHOPPING MOBILE CENTER HOMES L -£VARD ~ NUE L iCANAL POIN'[ N. BOCA ISLE THE CONDO TROPIC ISLE DR. POIN TE "~ CONDO '¢3 .~' O CITY OF BOCA RATON ,I CANAL ~ - CORRECTIVE REZONING - CiTY OF DELRAY BEACH, FL FROM: RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY) TO: GC (GENERAL COMMERCIAL) PLANNING ,~' ZONING DEPARTMENT --- Z~/G/?',4/ ~¢:[..~- A,/,4P 5'~?E~ --- MA~ REF': LM335 A parcel of land lying in Section 32, Township 46 South, Range 43 East, Palm Beach County Florida, being more particularly described as follows: Lots 69 thru 72 inclusive, Tropic Isle Harbor Shopping Center, according to the Plat thereof recorded in Plat Book 25, Page 77, of the Public Records of Palm Beach County, Florida. Together with: The area of land, labeled as "Service Alley" and "10' Walk", lying adjacent to the west lot line of Lot 72, and the south lot lines of Lots 69, 70, 71, and 72, Tropic Isle Harbor Shopping Center, according to the Plat thereof recorded in Plat Book 25, Page 77, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Beginning at a point at the northwest corner of said Lot 72; thence in a westerly direction, along the westerly projection of the north line of said Lot 72, to a point of intersection with the east right-of-way line of U.S. Highway No. 1 (Federal Highway); thence in a southerly direction, along said right-of-way line, to a point of intersection with the southern plat limit of said Plat of Tropic Isle Harbor Shopping Center, also being the south line of the NE ¼ of the NE ¼ of the NE ¼ of said Section 32; thence in an eastedy direction, along said south plat limit line, to a point of intersection with the southerly projection of the east lot line of said Lot 69; thence in a northerly direction along said southerly projection, to a point at the southeast corner of said Lot 69; thence in a westedy direction, along the south lot lines of said Lots 69, 70, 71, and 72, to a point at the southwest corner of Lot 72; thence in a northerly direction along the west lot line of Lot 72, to a point at the northwest corner of Lot 72, being the point of beginning.