69-93 ORDINANCES
FIRST READING:
CO~ISSION ACTION
SECOND READING:
COMMISSION ACTION:
NOTES:
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ORDINANCE NO. 69-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REVISING THE CITY OF DELRAY
BEACH LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE
PLAN FOR A PARCEL OF LAND MORE PARTICULARLY
DESCRIBED HEREIN FROM LOW DENSITY RESIDENTIAL TO
MEDIUM DENSITY RESIDENTIAL; CORRECTING THE ZONING
CLASSIFICATION FROM R-1AA (SINGLE FAMILY) TO RM
(MEDIUM DENSITY RESIDENTIAL); SAID LAND IS LOCATED
AT THE NORTHWEST CORNER OF ANDREWS AVENUE AND THOMAS
STREET; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-
AND-ORC PROCESS; 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 Delra¥ Beach, Florida, dated
September 14, 1993, as being zoned R-1AA (Single Family Residential)
District; and,
WHEREAS, a review of City records indicates that such zoning
classification was inadvertently applied to said property; and
WHEREAS, at its meeting of October 26, 1993, the City
Commission for the City of Delray Beach initiated a corrective rezoning
of the property from R-1AA (Single Family Residential) District to RM
(Medium Density Residential) District and directed staff to prepare an
analysis of the rezoning; and,
WHEREAS, at its meeting of November 15, 1993, the Planning and
Zoning Board, as Local Planning Agency, reviewed this item and voted
unanimously to recommend approval of the rezoning, based upon positive
findings; and,
WHEREAS, it is appropriate that the Zoning District Map of the.
City of Delray Beach, Florida, dated September 14, 1993 be corrected to
reflect the proper zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THEi
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property
is as follows:
Lyndon Arms Apartments Inc.
Formerly Lots 30 and 31, Ocean Breeze Estates, as
recorded in Plat Book 13, Page 36 of the Public
Records of Palm Beach County, Florida
The subject property is located at the northwest
corner of Andrews Avenue and Thomas Street (Lyndon
Arms Condominiums); containing 0.47 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 Medium Density
Residential.
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 the Zoning District Map of the City of Delray
Beach, Florida, dated September 14, 1993, be, and the same is hereby
corrected to reflect a zoning classification of RM (Medium Density
Residential) District for the above described property.
Section 5. That the Planning Director of said City shall,
upon the effective date of this ordinance, correct the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of Section
5 hereof.
Section 6. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 7. 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 8. 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
Dec
reading on this the 7thday of ~e , 19 3.
ATTEST:
..,City Clerk
~ First Reading November 23~ ~993
Second Reading December 7, 1993
2 ORD. NO. 69-93
SPRAY AV~.
WAY LA~£
u~ ~ ~ ~ YISTA DE~ ~A~ DRIV~
LO'A~Y STREET
ATLANTIC AVENUE
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
ORDINANCE NO. 69-93
DATE: December 5, 1993
This is the second reading of an ordinance revising the Land Use Plan
Designation for a parcel of land located at the northwest corner of
Andrews Avenue and Thomas Street (Lyndon Arms Condominiums) from Low
Density Residential to Medium Density Residential and changing the
zoning classification from R-1AA (Single Family Residential) to RM
(Medium Density Residential) zone district.
This land use plan amendment and associated rezoning are consistent
with the criteria for small scale land use plan amendments and will
reduce the nonconforming status of this property. A detailed staff
report is attached as backup material for this item.
The Planning and Zoning Board at their November 15th meeting
recommended approval.
At the November 23rd regular meeting, Ordinance No. 69-93 passed on
first reading by a 5 to 0 vote.
Recommend approval of Ordinance No. 69-93 on second and final reading,
based upon positive findings with respect to LDR Section 3.1.1 (A).
CITY COMMISSION DOCUMENTATION
TO: ~/DA~ T. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
---- ....
SUBJECT: MEETING OF NOVEMBER 23, 1993
CONSIDERATION OF THREE CORRECTIVE AMENDMENTS TO THE
FUTURE LAND USE MAPt AND ONE CONCURRENT CHANGE OF
ZONING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
aDDroval of three amendments to the Future Land Use Map,
and a concurrent change to the Zoning Map. These changes
are being processed in order to apply land use and/or
zoning designations which correctly reflect the existing
uses of the properties.
Pursuant to Florida Statutes 163.3187 as amended, the land
use changes are being processed as small scale amendments.
BACKGROUND:
These corrective actions 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 incorrect land use
and/or zoning designations were identified. On October 26,
1993, the City Commission initiated eleven land use amendments
and rezonings as corrective actions.
Two of the actions which were initiated involve properties with
land use designations that are not appropriate given the
existing uses or locations of the properties. Another involves
a property that has both incorrect land use and zoning
designations. In order to apply the correct designations,
changes to the Future Land Use Map and the Zoning Map are
proposed. Those changes are briefly described below. I f
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 Amendments/Rezoning
Page 2
1. LYNDON ARMS CONDOMINIUMS Change in land use from Low
Density Residential to Medium Density Residential, and a
change in zoning from R-1AA (Single Family) to RM (Medium
Density Residential) for property located at the northwest
corner of Andrews Avenue and Thomas Street.
This half-acre property was developed in 1963 as an eight-unit
apartment building, pursuant to the R-3 zoning that existed at
the time. In 1972 the property was given an RM-15 (Multiple
Family--15 units per acre) zoning. In 1989, with adoption of
the Comprehensive Plan and Future Land Use Map, the property was
given a Low Density Residential land use. With the Citywide
rezoning in 1990, the property was assigned its current R-1AA
zoning designation. While the land use and zoning
classifications are not inconsistent, they do not reflect the
existing multiple family use.
The apartments have been converted to condominium ownership.
Staff was recently asked by the owners of the condominiums to
correct the land use and zoning classifications to more
accurately reflect the current use. According to the owners,
the nonconforming status of the property has created
difficulty in obtaining financing on some of the units. While
the property will remain non-conforming with respect to density
(the RM zoning allows 12 units/acre, whereas the 8 units equates
to a density of 17 units/acre), the proposed changes will
substantially decrease that non-conformity. Thus, an amendment
to the Future Land Use Map from Low Density Residential to
Medium Density Residential, and a change in zoning from R-1AA
(Single Family Residential) to RM (Multiple Family
Residential--Medium Density) is proposed.
2. $OUTHRIDGE SUBDIVISION Change in land use from
Medium Density Residential to Low Density Residential for
property located in the Southridge subdivision, at the
southwest corner of Zeder Avenue and Central Avenue.
This amendment involves three lots located within a single
family residential subdivision. The lots are currently
undeveloped, and have an R-lA (Single Family) zoning
designation. When the Future Land Use Map was adopted in 1989,
the lots were given a Medium Density Residential land use
designation, apparently because they were thought to be part of
the adjacent Linton Ridge Condominium development. While the
land use and zoning designations are not inconsistent, the most
appropriate use of the property is for single family residential
development, as permitted by the existing R-lA zoning. Thus, an
amendment to the Future Land Use Map from Medium Density to Low
Density Residential was initiated.
City Commission Documentation
Corrective Amendments/Rezoning
Page 3
3. HAMLET SHOPS/HITCHING POST A change in land use from
General Commercial to Transitional for property located on
the north sade of Atlantic Avenue Just east of Hamlet
Dr~ve.
This amendment involves two parcels which are developed with
commercial uses. The properties were already developed when
they were annexed into the City in 1982 and 1983. The
properties currently have a General Commercial land use
designation and NC (Neighborhood Commercial) zoning. While
those designations are consistent with each other, the
underlying land use would allow a more intense zoning
classification, such as GC. As this type of zoning would not be
appropriate in this area, and the existing uses can be
accommodated under the NC zoning, a Future Land Use Map
amendment to Transitional was initiated.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed these proposed
changes at its meeting of November 15, 1993. Public hearings
were held on each item. One person representing the Hamlet
Homeowners Association spoke in favor of the land use amendment
from General Commercial to Transitional for the Hamlet
Shops/Hitching Post. There was no one present to speak on the
other two items.
The Planning and Zoning Board unanimously recommended approval
of each of the changes as presented.
RECOMMEND ED ACTION:
By separate motion, approve each of the land use plan amendments
and the zoning change as described in the ordinances provided.
Attachment:
* Location maps
* Ordinances by others
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