68-93 ORDINANCES
FIRST READING: I//~1~
COMMISSION ACTION: ~L~~ ~--O
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SECOND READING: /~L/'2/9,~
COMMISSION ACTION: ~_/~~~ ~--('3
NOTES:
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ORDINANCE NO. 68-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY
BEACH LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE
PLAN FOR A PARCEL OF LAND MORE PARTICULARLY
DESCRIBED HEREIN FROM TRANSITIONAL TO GENERAL
COMMERCIAL; SAID LAND IS LOCATED BETWEEN N.E. 9TH
AVENUE AND PALM TRAIL, APPROXIMATELY 100' NORTH OF
GEORGE BUSH BOULEVARD; PROVIDING FOR EXEMPTION FROM
THE TRANSMITTAL-AND-ORC PROCESS; PROVIDING A GENERAL
REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property
is as follows:
Lot 3, Block 5, and the W 1/2 of abandoned alley
lying easterly and adjacent to Lot 3, Block 5,
SOPHIA FREY ADDITION
TOGETHER WITH
Lot 12, Block 5, and the E 1/2 of the abandoned
alley lying west of and adjacent to Lot 12, Block 5,
SOPHIA FREY ADDITION
The subject property is located between N.E. 9th
Avenue and Palm Trail, approximately 100' north of
George Bush Boulevard (Palm Trail Plaza parking
lot); containing a 0.32 acre parcel of land, more or
less.
Section 2. That the Land Use Plan designation of the subject
property in the Comprehensive Plan is hereby changed to General
Commercial.
Section 3. That the City of Delray Beach elects to make this
small scale amendment exempt from the transmittal-and-ORC process by
having only an adoption hearing, pursuant to Florida Statutes Section
163.3187, as amended by SB 1882 (Committee Substitute) effective April
8, 1992.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. 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 6. That this ordinance shall become effective upon
the issuance of a notice of intent to find a plan amendment in
compliance by the Department of Community Affairs.
PASSED AND ADOPTED in regular session on second and final
reading on this the 7th day of Decembe~ ..-7, 1 3.
ATTEST:
ity Clerk
irst Reading November 23, 1993
Second Reading December 7, 1993
2 ORD. NO. 68-93
BOHO WAY ~ ~
WlTHERSPOON LAN£
l INLET COVE
GEORGE BUSH BOULEVARD BRIDGE
llll
SAINT OF
7m cT. VINCENTS DELRA~ BEACH
HARBOR
S~ SCALE ~DM~
Palm Trail Plaza Parking
-- (68-93)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~"?~ 'l
ORDINANCE NO. 68-93
DATE: December 5, 1993
This is the second reading of an ordinance changing the Land Use Plan
Designation in the Comprehensive Plan for a parcel of land located
between N.E. 9th Avenue and Palm Trail, approximately 100' feet north
of George Bush Boulevard (Palm Trail Plaza parking lot) from
Transitional to General Commercial.
This land use plan amendment is consistent with the criteria for small
scale land use plan amendments and will create consistency with the
current zoning designation and existing land uses.
The Planning and Zoning Board at their November 15th meeting
recommended approval. See staff report attached to Ordinance No.
67-93.
At the November 23rd regular meeting, Ordinance No. 68-93 passed on
first reading by a 5 to 0 vote.
Recommend approval of Ordinance No. 68-93 on second and final
reading, based upon positive findings with respect to LDR Section
3.1.1 (a).
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY'MANAGER
SUBJECT: AGENDA ITEM $ I~c - MEETING OF NOVEMBER 23. 1995
ORDINANCE NO. 68-93
DATE: November 19, 1993
This is the first reading of an ordinance changing the Land Use Plan
Designation in the Comprehensive Plan for a parcel of land located
between N.E. 9th Avenue and Palm Trail, approximately 100' feet north
of George Bush Boulevard (Palm Trail Plaza parking lot) from
Transitional to General Commercial.
This land use plan amendment is consistent with the criteria for small
scale land use plan amendments and will create consistency with the
current zoning designation and existing land uses.
The Planning and Zoning Board at their November 15th meeting
recommended approval. See staff report attached to Ordinance No.
67-93.
Recommend approval of O~dinance No. 68-93 on first reading, based upon
positive findings with respect to LDR Section 3.1.1 (A). If passed
public hearing December 7th.
CITY COMMISSION DOCUMENTATION
TO: DAVID T._ HARDEN, CITY MANAGER
/-DEPARTMENT OF PLANNING AND ZONING
FROM: E D
PRINCIPAL PLANNER
SUBJECT: MEETING OF NOVEMBER 23, 1993
FUTURE LAND USE MAP AMENDMENTS TO CORRECT
INCONSISTENCIES BETWEEN LAND USE AND ZONING
DESIGNATIONS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of five amendments to the Future Land Use Map.
These amendments are being processed in order to correct
drafting errors which have resulted in inconsistencies
between the Future Land Use classification and zoning
designations.
Pursuant to Florida Statutes 163.3187 as amended, these
changes are being processed as small scale amendments.
BACKGROUND:
These corrective amendments are the result of an analysis that
was conducted by Planning and Zoning staff in June of last year.
The study compared the Future Land Use Map, the Zoning Map, and
actual land uses, in order to identify inconsistencies and
incorrect use classifications. Several inconsistencies between
land use classifications and zoning designations were
identified. On October 26, 1993, the City Commission initiated
eleven land use amendments and rezonings as corrective actions.
Five of the inconsistencies which had been identified were the
result of mapping errors. The corrective actions that were
initiated for those errors involve amendments to the Future Land
Use Map, which are described below. If additional information
is desired, copies of the Planning and Zoning Board staff
reports for each of the items are available from the Planning
Department.
City Commission Documentation
Corrective Small-Scale Amendments
Page 2
1. JENNINGS FLORIST Change in land use from Medium Density
Residential to General Commercial, for property located on
the west side of N.E. 9th Avenue, approximately 100' north
of George Bush Blvd.
This property was annexed into the City in 1984 with a
Commercial Land Use designation and GC (General Commercial)
zoning. When the Future Land Use Map was adopted in 1989 in
conjunction with the City's Comprehensive Plan, the property was
given a land use designation of Medium Density Residential,
apparently in error. The GC zoning is inconsistent with the
residential land use. As the existing florist shop is a
commercial use, a change to a General Commercial land use
designation was initiated.
2. PALM TRAIL PLAZA PARKING Change in land use from
Transitional to General Commercial for property located
between N.E. 9th Ave. and Palm Trail, approximately 100' of
George Bush Blvd.
This amendment involves two lots which consist of parking and a
patio area associated with the Palm Trail Plaza shops and
offices. The lots are located immediately to the north of the
plaza. The properties were annexed into the City in 1988 with a
Commercial land use designation and GC zoning. When the Future
Land Use Map was adopted in 1989, the lots were given a
Transitional land use designation, along with the office
development immediately to the north. The GC zoning remained
in place, and is inconsistent with the Transitional land use.
As these lots are part of the Palm Trail Plaza, which has a
General Commercial land use designation, a change in land use to
General Commercial was initiated.
3. BLOCK 10 PROPERTIES A change in land use from Community
Facll~ties (Church) to Low Density Residential for
properties located between N.W. 7th Avenue and N.W. 6th
Avenue, north of N.W. 2nd Street, in Block 10, Town of
Delray.
This amendment involves several residentially developed lots and
a child care center. Prior to November 1989, these properties
had a Low Density Residential land use plan designation. When
the Future Land Use Map was adopted (11/89), the lots were given
a land use designation of Community Facilities--Church, the
result of a drafting error (that designation was intended for
another property). The existing R-iA (Single Family) zoning is
inconsistent with the CF land use, thus, a change in land use to
Low Density Residential was initiated.
City Commission Documentation
Corrective Small-Scale Amendments
Page 3
4. MAYFAIR ANIMAL HOSPITAL/BARRTON CONDOMINIUMS A change in
land use from Medium Density Residential to Transitional
(Mayfair Animal Hospital), and from Transitional to Medium
Density Residential (Barrton) for property located at South
Federal Highway and S.E. 5th Street.
With the. adoption of the Future Land Use Map in 1989, the
.Mayfair Animal Hospital was given two land use designations:
Transitional on the west half (which contains the building), and
Medium Density Residential on the east half (associated parking
lot). Apparently the east half was thought to be part of the
adjacent condominium development. The existing zoning
classification of GC is inconsistent with both of these land use
categories. The property contains a veterinary clinic and is
adjacent to residential development, thus, a change in land use
for the east half (parking lot) to Transitional was initiated,
as well as a corrective rezoning to POD (Professional and Office
District) for the entire parcel. The rezoning action is
discussed in a separate report.
Conversely, the parcel which contains an access drive and
parking for the Barrton Condominiums was apparently thought to
be part of the Mayfair property, and was given a Transitional
land use designation. As the balance of the Barrton development
has a Medium Density land use designation, a change in land use
to Medium Density Residential for this parcel was initiated.
5. BURKE~ HOWELL JONES~ AND FIRE STATION %3 A change in land
use from Medium Density Residential and Community
Facilities to Redevelopment Area 93 (Burke); from Community
Facilities to Redevelopment Area %3 (Howell Jones); and
from Medium Density Residential to Community Facilities
(Fire Station 93), for property located at Llnton Blvd. and
N.W. 6th Avenue, extended.
These properties consist of a single family home (Burke), a
vacant flag lot (Howell Jones), and a municipal fire station.
The existing land use classifications are the result of a
drafting error which occurred in conjunction with the adoption
of the Future Land Use Map in 1989. The R-iA zoning
classification that exists on the Burke and Howell/Jones
properties is inconsistent with the Community Facilities land
use. As these properties are located immediately adjacent to
Redevelopment Area #3, and have similar characteristics to other
properties within that area, a land use change to Redevelopment
Area #3 was initiated.
Similarly, the Fire Station's CF (Community Facilities) zoning
is inconsistent with the Medium Density Residential land use.
In order to eliminate the inconsistency, and correctly reflect
the existing use, a land use change to Community Facilities was
initiated.
City Commission Documentation
Corrective Small-Scale Amendments
Page 4
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed these amendments
at its meeting o~ November 15, 1993. Public hearings were held
on each item. Two people who own property west of the Jennings
Florist site spoke on that amendment, stating that they would
like to have a General Commercial land use designation on their
property as well. There was no one present to speak on the
other four amendments.
The Planning and Zoning Board unanimously recommended approval
of each of the five amendments as presented.
RECOMMEND ED ACTION:
By separate motion, approve each of the five land use plan
amendments as described in the ordinances provided.
Attachment:
* Location Maps
* Ordinances by Others
BONO WAY' ~ ,.~
WITHERSPOOH , LAN[
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GEORG£ BUSH BOULfVARD BRIDG(
SAINT LAN( OF
7m cT. VINCENTS DEL~ B(ACH
N.~. 6m ST.
HARBOR
SMALL SCALE AMENDMENT
Palm Trail Plaza Parking
(68-93)
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)apers published in Boca Raton in Palm ARa FOR SIDLE TENANT ~- CI~ OF ~LRAY I~CH ~ND ~, ~VE ~
~each County. Florida; that the attached ~.,.c,~us~s;.~,o,~ c~.~.s,~ ~ ~ . ~.0,.~0 s.v,c~ ~o~
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or a period of one year next preceding the ~.~.o~.,~o.~.,.~ c~us~ A.O A. ~..~,V. ~.~,~,0. o. P~;
~AN$1TIOWAL ~O ~ERAL C~ OATE. VIDI~G A ~V~S C~USE;
irst publication of the attaohed copy of .E.C,~;SA,OU.O,*t~T~O
~dvertisement; and affiant further says that .~ ~.,~....a,~T~t.
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EMPTION FR~ THE ~IAN~I1- B~CM, F~I~. REVI$1~ ~HE M~I0~ ~ THE CITY OF OELRAY
TAL ~RC P~; ~VI~ C1~'S ~D U~ ~N ~$IG~ 8EACH, ~LORIOA, CORRECTING
~erson. firm or corporation any discount, ,.~. G~..~ .~=, ,,o~ ,...~ c=.~,v~
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,oseof securing this advertisement for pub- ~~ 0~"SIW ~SIO~,T'AL 1. ~'~T ;~.LY '~S,O~,TIAD TO
AND C~UNITY FACILITIES IN ~P~OFESSIONAL O~FICE~
tcation in said newspapers. AN ORDINANCE OF THE CITY C~ PART~ RE~VELOPMENT AREA T~ICT; SAIO LAND aEING L~AT.
~ISSION OF THE CITYOF DE~AY ~; ~10 ~ND IS L~ATEO ~ EO AT THE SE CORNER OF
BEACH, FLORI~, REVISI~ THE THE ~TH Sl~ ~ LINT~ ~ FEDERAL H~GHWAY AND 5.E. 5TH
USE ~N ~51G~TI~ IN THE TEN.O; PR~IDING FOR EX. 'ZONING ~P OF ~LRAY BETH,
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L~ DENSI~ RESI~N~IAL TO C~U~; A ~VI~ C~U~; A~D TIVE DATE.
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, C~RE~I~ THE Z~I~ C~I- ~ ~ ~
F~LY) ~ R~ (MEDt~ ~h - AN ~OI~E OF THE CITY
TY RESI~NTIAU; ~ID ~ · ~ ~DI~ ~ THE CITY C~ ~1~ ~ T~ CITY OF ~L~Y
worn to and subscribed before me this ~,,o AT T~ ~T ~I~TMO~Y
AND ~ STREET; ~ ~ Cl~.~ fl~Y I~ ~ND ~SIG~TI~ IN THE C~PRE-
P~vmoI~ A GENERAL EE~.~ P~ ~ ~D ~ ~e PA& TIC~.LY ~mmEO .ELFIN
day , ~.~., ER C~; A ~Vl~ C~; : TICU~LY ~KRIIED ~REIN
~ ANOAN EFFECT VE OA~. , (F~ ~K ~E~IAL ~
~~ ~T~ ~ THE ~TN. SJ~ ~ ~ _~Y ~ ~.
BEACH; FLO~ C~NGI~ THE TAL~C ~ ~ ~ A GE~ ~ER
CITY ~ ~L~Y lEaH ~gO I~ A GEgE~ R~LER .~ A ~VI~ C~E; AND
USE P~ ~$~NATt~ IN THE C~; A MVI~ C~USE; AND ~ EFF~IVE
~eal. ~bllc. ~ate of Florida at large) c~P..E.,~ ~ ,o, A A, EF,EOIVE~TE.
PARCEL OF ~O ~RE ~TIC~ ~ ~
~T CORNER ~ N.W. 2~ 8~, F~I~ REZ~ AND CITY'S ~NO USE P~N DESIGNA.
~ ~Y ~ l~ ~ STREET AND N.W. $TH AVENUE; ~IK ~ND PRE~LY TION IN THE C~PREHENSJVE
~10{~ ~ EX--ION ~ED ~ ~P~NNEO C~ER- P~N FOR A PARCEL OF
FR~ THE TRAIT- C~J DISTRICT IN THE AC ~RE PARTJCU~RLY DE-
TAL~C ~E~; ~1~ (AUT~TIVE C~RCIAL) 01~ ~RIBED HEREIN FROM MEDIUM
~ A ~ RE~ TRI~; ~ ~ ~ ~T- . DENSITY RESI~NT~AL TO
OF LINTON B~LEVARO AT SW
" 6TH AVENUE EXTENDED; PR~
rIDING FOR EXEMPTION FR~
7HE TRAN~ITTAL-AN~RC
CESS; PROVIDING A GENERAL RE.
PEALER C~USE; A SAVING
C~USE; AND AN E;FECTIVE
DATE.
~~ P~ ~ ~i~ that if a ~
CI~ OF ~LRRY B~ LA~ ~ ~ ~ ~
USE P~N OESlGNATION tN THE i~, ~ ~ mis ~ ~h
C~PREHENSIVE ~AN FOR A ~(SJ ~Y ~ ~ ~e ~t a v~.
PARCEL OF ~ND MORE PARTIC~ ~m ~ ~1~ ~
LARLY DESCRIBED HEREIN FR~ ~ ~ ~ ~ ~ ~l
TRANSITIONAL TO GENERAL C~ e ~ ~. T~ C~ ~ ~ ~
MERCIAL; SAID ~ND tS L~ATED m ~e ~h r~e. ~
BETWEEN N.E. 9TH AVENUE AND F.S. ~
PALM TRAIL APPROXI~TELY
1~' NORTH OF GEORGE BUSH
BOULEVARO; PRO~OI~ FOR EX- CITY O~ ~LRAY REACH
AI~ ~
E~PTI~ FR~ THE TRANSMIT- Ci~ Cl~k
TAL AN~RC PR~ESS; PROVI~
lNG A GENERAL REPEALER
C~USE; A ~VING C~USE; AND
AN EFFECTIVE OATE.