72-93 ORDINANCES
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ORDINANCE NO. 72-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSI-
FICATION FOR A PARCEL OF LAND AS MORE PARTICULARLY
DESCRI BED HERE IN, FROM GC ( GENERAL COMME RC IAL )
DISTRICT TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT;
SAID LAND BEING LOCATED AT THE S.E. CORNER OF S.
FEDERAL HIGHWAY AND S.E. 5TH STREET; AND CORRECTING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1993";
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
September 14, 1993, as being zoned GC (General Commercial) District;!
and,
WHEREAS, a review of City records indicates that such zoningI
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 GC ( General Commercial ) District to POD
(Professional Office) District and directed staff to prepare an analysis
of the rezoning; and,
WHEREAS, at its meeting of November 15, 1993, the Planning andI
Zoning Board, as Local Planning ~Agency, reviewed this item and voted
unanimously to recommend approval of the rezoning from GC (General~
Commercial) District to NC (Neighborhood Commercial) District, 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 THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. 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 NC ( Neighborhood
Commercial) District for the following described property:
The East 161.0 feet of the West 166.0 feet of Lot
11, Block 1, OSCEOLA PARK, according to the plat
thereof recorded in Plat Book 3, Page 2 of the
Public Records of Palm Beach County, Florida, less
that part conveyed to the State Road Department as
in Official Record Book 415, Page 185, of the Public
Records of Palm Beach County, Florida; containing
0.547 acre parcel of land, more or less.
The subject property is located at the S.E. corner
South Federal Highway and S.E. 5th Street (Delray
Dental Specialist).
Section 2. 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
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 ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 7th day of Dece 1 3.
ATTEST:
City Clerk
First Reading November 23~ 1993
Second Reading December 7, 1993
2 ORD. NO. 72-93
3,a~) ST. ~
4TH ST.
GC to NC~ ~
~ . · , )A RD.
SE.. ~TH ST. UELALEUCA RD.
CORRECTIVE REZONING
Delray l~nt~l/l~yfair
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/VI
SUBJECT: AGENDA ITEM ~ ~0~-M~ETING. OF DECEMBER. 7, 1993
ORDINANCE .NO. 7
3-93
DATE: December 5, 1993
This is the second reading of an ordinance correcting the zoning
classification for a parcel of land located at the southeast corner or
S. Federal Highway and S.E. 5th Street (Mayfair Animal Hospital) from
General Commercial (GC) to Neighborhood Commercial (NC) zone district.
The GC zoning on this property is inconsistent with the Transitional
land use designation.
The Planning and Zoning Board at their November 15th meeting
considered a proposal to rezone this property to POD (Professional
and Office District). Following testimony from the property owner,
the Board recommended approval of NC zoning. A detailed staff report
is attached as backup material for this item.
At the November 23rd regular meeting, Ordinance No. 72-93 passed on
first reading by a 5 to 0 vote.
Recommend approval of Ordinance No. 72-93 on second and final reading.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: I~CITY MANAGER
QRDINANCE NO. 72-93
DATE: November 19, 1993
This is the first reading of an ordinance correcting the zoning
classification for a parcel of land located at the southeast corner or
S. Federal Highway and S.E. 5th Street (Mayfair Animal Hospital) from
General Commercial (GC) to Neighborhood Commercial (NC) zone district.
The GC zoning on this property is inconsistent with the Transitional
land use designation.
The Planning and Zoning Board at their November 15th meeting
considered a proposal to rezone this property to POD (Professional
and Office District). Following testimony from the property owner,
the Board recommended approval of NC zoning. A detailed staff report
is attached as backup material for this item.
Recommend approval of Ordinance No. 72-93 on first reading. If passed
public hearing December 7th.
CITY COMMISSION DOCUMENTATION
TO: ~ID T. HARDEN, CITY I~NAGER
DEPARTMENT OF PI2%NNING AND ZONING
FROM: DIANE DOMINGUEZ~~~~
PRINCIPAL PLANNE]
SUBJECT: MEETING OF NOVEMBER 23, 1993 CHANGES
CONSIDERATION OF TWOCORRECTIVE OF ZONING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
apDroval of two corrective rezoning actions. These changes
are being processed in order to apply zoning designations
which correctly reflect the existing uses of the
properties.
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
zoning designations that are inappropriate given the existing
uses of the properties. In order to apply the correct zoning
designations, changes to the Zoning Map are proposed. Those
changes are briefly 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 Rezonings
Page 2
1. DELRAY DENTAL SPECIALISTS/MAYFAIR ANIMAL HOSPITAL Change in
zoning from GC (General Commercial) to NC (Neighborhood
Commercial) and from GC and R-1AA (Single Family
Residential) to POD (Professional and Office District) for
property located at the southeast corner of S.E. 6th Avenue
(northbound Federal Highway) and S.E. 5th Street.
These properties contain dental offices (northernmost parcel)
and a veterinary clinic (south parcel). The current land use
designation for the majority of the site is Transitional, except
for the east half (parking lot) of the Mayfair Animal Hospital,
which has a Medium Density Residential land use. An amendment
to change the designation of the parking lot to Transitional is
being processed concurrently, and is described in another
report.
The GC zoning is inconsistent with the Transitional land use
designation, and is a more intense zoning classification than is
appropriate for the properties. Thus, a zoning change from GC
to POD for both properties was initiated. At the Planning and
Zoning Board, the owner and a tenant of the Delray Dental
Specialists building asked that they be allowed to retain the
General Commercial zoning, as it allowed for a greater range of
potential uses for the property. After some discussion, the
Planning and Zoning Board recommended that the zoning be changed
from GC to NC (Neighborhood Commercial). The NC zoning is
consistent with the Transitional land use and can accommodate
the existing office building. It will also allow a degree of
flexibility desired by the owner.
2. ST. JOHN'S PRIMITIVE BAPTIST CHURCH Change in zoning from
R-lA (Single Family Residential) to CF (Community
Facilities) for property located on the north side of N.W.
let Street, between N.W. 6th and N.W. 7th Avenues.
This rezoning is being initiated to correct errors which
occurred during the citywide rezonings in 1990. At that time
the portion of the church property which contains the sanctuary
and a parking lot was rezoned from R-lA to CF. The lots which
comprise the remainder of the church property were inadvertently
kept within the R-lA zoning district.
While churches are permitted in the R-lA district as conditional
uses, CF zoning is typically applied to churches which have a
relatively large site area such as St. John's. In addition, it
is appropriate that all of the church's property have the same
zoning, thus, a change from R-lA to CF for the subject lots was
initiated.
City Commission Documentation
Corrective Rezonings
Page 3
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed these zoning
changes at its meeting of November 15, 1993. Public hearings
were held on each item. As indicated above, testimony was taken
with respect to the proposed POD zoning for the Delray Dental
Specialists building. The Board voted unanimously to recommend
NC zoning for Delray Dental Specialists, and POD for the Mayfair
Animal Hospital. One person asked for clarification of the
change in zoning on the St. John's property, but did not raise
an objection. The Board unanimously recommended approval of the
rezoning for that property from R-lA to CF.
RECOMMEND ED ACTION:
By separate motion, approve the corrective rezonings as
described in the ordinances provided.
Attachment:
* Location maps
* Ordinances by others
DD\T:CCSS1.DOC
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