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73-93 ORDINANCES NO. 7~ FIRST READING: co~issioN ACTION: SECOND READING: /~/~/.~ c__ ss o NOTES: bg ORDINANCE NO. 73-93 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 MEDIUM DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF CENTRAL STREET AT ZEDER AVENUE; 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: Lots 1, 2 and 12, Block 13, SOUTHRIDGE, Plat 2, as recorded in Plat Book 13, Page 39 of the Public Records of Palm Beach County, Florida The subject property is located at the southwest corner of Central Street at Zeder Avenue (within the Southridge Subdivision); containing 0.40 acre parcel of land, more or less. Section 2. That the Land Use Plan designation of the subjectl property in the Comprehensive Plan is hereby changed to Low Density! Residential. Section 3. That the City of Delray Beach elects to make thisl 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 Aprill 8, 1992. 4. That all ordinances or parts of ordinances in Section conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of thisi 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 Co.unity Affairs. PASSED AND ADOPTED in regu~-~sio]~on~econd and final reading on this the 7th day'of ~~ ~ X~o ~ ATTEST: City Clerk First Reading November 23, 1993 Second ReadingDecember 7, 1993 2 ORD. NO. 73-93 A¥[Nur soLr114~OG tr IlL, II ST. LINTON BOULEVARD MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # - MEETING OF DECEMBER 7. 1993 ORDINANCE NQ. 73-93 DATE: December 5, 1993 This is the second reading of an ordinance changing the Land Use Designation in the Comprehensive Plan for a parcel of land located at the southwest corner of Central street at Zeder Avenue (with the Southridge Subdivision) from Medium Density Residential to Low Density Residential. This land use plan amendment is consistent with the criteria for small scale land use plan amendments and will provide for the most appropriate use of the property. The Planning and Zoning Board at their November 15th meeting recommended approval. See backup material attached to Ordinance No. 69-93. At the November 23rd regular meeting, Ordinance No. 73-93 passed on first reading by a 5 to 0 vote. Recommend approval of Ordinance No. 73-93 on second and final reading, based upon positive findings with respect to LDR Section 3.1.1 (A). MEMO,RANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: {~CITY MANAGER ORDINANCE NO. ~393 DATE: November 19, 1993 This is the first reading of an ordinance changing the Land Use Designation in the Comprehensive Plan for a parcel of land located at the southwest corner of Central street at Zeder Avenue (with the Southridge Subdivision) from Medium Density Residential to Low Density Residential. This land use plan amendment is consistent with the criteria for small scale land use plan amendments and will provide for the most appropriate use of the property. The Planning and Zoning Board at their November 15th meeting recommended approval. See backup material attached to Ordinance No. 69-93. Recommend approval of Ordinance No. 73-93 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: ~D T' HARDEN, CITY MANAGER DEPARTMENT OF PLANNING AND ZONING PRINCIPAL PLANNER J~ ~ '~' .... f- ~ 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 apDroval 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. 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 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. SOUTHRIDGE 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 Transit~onal for property located on the north side of Atlantic Avenue Just east of Hamlet Dray·. 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 classificat£on, 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 DD\T:CCSS2.DOC LINTON BOULEVARD SHALL SCALE AHENDHF~NT Southridse Subdivision lots (73-93) S.E. STH STREET; CHAIrfER "EMPLOYEE POLI- II~id~..AB [,t~ I~ afl W.EXI/IFTION FEOM THE, TRANS- CIES AND ,ENEFITS', riled to ~ltend ~ be I1~ ~ re- MITTA~-AND~K I~OCESS; ~ 'RETIRfJAENT PLAN', OF THE CLAUSE; A ~I~VIIIG CU~USE; ~CITY OF D~LRAY lEACH. FLORI- · ~llllll~Yl~.~ ANEFFECTI~IEOAI~. . DA, BY AMENDING AND RESTAT- ING SECTIONS :~.1~ THROUGH AN ORDINANCE OF THE CITY CO~A- ~ ~. ~ 3~.1~! AS SPECIFICALLY SET M~SS,ON OF THE CRY OF DELEAY FORTH ,N THE 'AMENDMENT tO Published Daily BEACH, PLORID~, AMENDING AN ONDIH~NCE OF TNE CItY CO~ CITY OF DELRAY BEACH GENER- CHAPTER < "ZONING REGUL~ MISSION OF THE CITY OF DELRAY AL EMPLOYEES' RETIREMENT Mor~day through Sunday TIONS', SECTION 4.4.11 BEACH, PLORIDA` CORRECTING PLAN' ATTAC~EO HERETO AND 'NEIGHBORHOOD CO?AMERCIAL THE ZONING CLASSiIFICATIO~ FOR INCORFORATEO HEREIN; AMENO- Boca "-'--~a~on, Palm Beach '~----'--~;oun~y, Florida ~NC~D~STR,C.,OF,HELANGDE- AFARCELOFLANGAS~ONEP^R- ,NG SEC,,ON ".m TO CHANGE ~'~ezray~ ~eacn, Palm Beach '~ '~ounty, Florida tHE CODE OF ORDINANCES OFFROM GC IGENERAL £0f~ER- 'CITY Of: DELRAY ,EACH GENER- THE CiTY OF OELRAY BEACH CIAL) DISTR~CT TO NC AL EMPLOYEES' RETIREMENT FLORIDA` I¥ AMENDING SUESEC- (NEIGHBORHOOD COMMERCIAL) PLAN'; REPEALING SECTION 35011 TION ,I.4,H(DL 'CONDITIONAL USES DISTRICT; SAiD LAND BEING LO.'AUTHORIZATION'; AMENDING AND STRUCTURES ALLOWEIT', TO CATED AT THE $.E. CORNER OF S. SECTION 3S.II7 'PURPOSE'; PROVIDE FOR THE DISPLAY AND ~ FEDERAL HIGHWAY AND S.E. ~rH AMENDING AND MERGING SEC. PLAYGRO~#O. I~UIPM~IIT, t "ZONING MAP O~ DELRAY IF. ACH, APPLICAEILITY OF FORMER CONDITIONAL USE; TO DELLrT~I GENERAL REPEALER CLAUSE, A 'TNTRODOCT~ON'; CREATrNG A THE OISPfN~ING OF GASOLINE ! SAVING CLAUSE, AND AN EFFEC. NEW SECTION ~foro the undersigned authority personally .HECTL. TO A VEmC~E ~s AitWEDAtE. 'DEF,NITION$'; AMENGIRG AND CONOITIOIML USE; TO DELETE r RETITLING · SECTION ~.~r OITIONAL USE; ay AMENOING~. RETITLINGSECTION SUBSECTION 4.,I. TI(F), ~ AN ORDINANCE OF THE CiTY CON~ 'VESTING', AND REPEALING ~rvioes Manager of The News, daily news- 'OEVELOF~ENT STANOANDS',TO MISSION OF THE CITY OF DELEAY FORMER SECTION PROVIDE FOR A MAXIMUM FL0~ BEACH, FLONIDA. CHANGING THE 'SERVICE"; REPEALING SECTION ~pers published in Boca Baton in Palm AREA FEN SING~ TEEANT O~ cityOF DELEAV BEACH LA,D ~.~. 'LEAVE OF ABSENCE'; FICE OR SERVICE USES AND SII~ USE PLAIt D~TION IN THe AMENDING SECTION ~ach County, Florida; that the attached GLEPRfllCIPLEU.'e~;PROVtDtNG COMPRINENSI¥1E PLAN FOR A 'CREDITED SERVICE FOR )DY of advertisement was published in said REPEALER CLAUSE, AND AH E,- LARLY~.~EIBEO HEREin FRO~ I~OYEES ~ WERE EXCL~JDED PECTIVE CATE.' M~OIU~ OR#~TY RESlI~NTIAL FROM FANTIC~PAT~ON ~N .THE TO L0~ D~I~ITY R~ID~NTIAL; FLAN'; NEPEALING SECTION )wspapers in the issues of: OR,,~,M,~ SA,D L~ ,S ~O~tEO AT THE ",, 'R,'tUAN,AL EOU,VA- MISSIOR OF THE CITY OF DELR.&Y NUE; II~OVI~IN~ FO~ EXFJAP- TIClPANTANOCl~; AA~NDING ~ CITY OF DELRAY DEACH I~NO~ TALMC 4N~CBS~: I~10. COME: A~t. AND J J USE PLAN DESIGNATION IN TI'J~ IIIG A ~ RllqLALER MENT~: ~MENo~GIEcT~oN COMPREHENSIVE PLAN FROM RM CLAusra k laVINg CLAm; AND (MEDIUM DENSITY RESIOf. RTIAL~ ~ AN EFFICTP/~ OATL 'SUPPLE~AENTAL RETIREMENT raCeME AND MINIMUM 6EHE- TO GC (BENERAL COW~EECIAL)~ F~TS': AMENDING SECTION SAiD LAND IS LOCATED ON THE g~t, TM~ q)ARTICIPAHT TO FURNISH RE- W~ST SIDE OF N.E. tTH AV~WL QUiNED INFONMATION'; APPROXIMATELY 1W NgElll ~P AN ONOII~NGE OF TH~ CITY CMA- GEO~ lull4 ~JLE`¥A~ ~ MISS, lOg. GE TM~ CiTY OF O~LRAY ~NG SECTION 'BENEFiCiARiES; CONT~NGEH- VID~NG FOIl EXE. AIPTIG~ FlIO~ BEACN,~ FLORIDA, CORRECTING CIES'; AMENDING SECTION 35~0L THE TEAJ~ITTAL.AND O~C PIe- THE ZOIING CLASSIFICATION FOR 'BENEFITS NONASS~GNABLE' CESS; PROVrOrNG A GENEEAL IF. A P~C~L OF LAI~ AS MORE` PAR- AMENDING SECtiON ~fiant further says that, The News is a PEALEN CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE FROMR.IAi~FAMILYBESk '~EHEFITS PAYAOLE TO MINORS AND IMCOMP~TENTS'; AMENDING .~wspaper published in Boca Raton. in said ate`. DENTIM).. III PMIT AI..CF (CORMM/I~Y I~ACIIJ?I~ Ill SECTION ~5.~; 'A,ANDON~ENT tim Beach County. Florida. Monday ~.,~.~m~ PART~.~"~U"n''*C~ OF ,ENEF,TS'; AMEND,NG SEC. TIES); ~ LANO I~11~. I~,AT- TIDE 35.10~; 'ADMINISTRATION 9Y AN ORDINANCE OFTHE CITY COl EO BLrlI~IN N.W, lTN A/dO I~VA RETIREMENT COMMITTEE'; CRE- .rough Sunday. and has been entered as MISSIOII OF THE CITY OF DEI.~AY nH AI~III~.APP~OII~t~ ATING A NEW SECTION 3110S1, REACH, FLORIDA, CHANGIH~THE I' NO~QIJ N.W. IST Illl~rr; 'CLAIMS PROCEOURE'; lNG SECTION 3S.lQB. 'TRUST FUNO :cond class matter at the post office in c,TYOF ~Y .~LA.o~ ANT) TRUSTEE'; ~ENDING SEC. )ca Baton. Palm Beach County. Florida. COM--~NS,¥E...,. FO. ^, ..,m..~A~"- pLAN'~T'ON ~.~..AMEHD.NG'~EN~ENTsECt,ON.,.DF FARCE`L OF LAND MORE PhP.11~ PF.~LEIE CUa~ ~ r a period of one year next preceding the LARLYDESCRIBEOHEIEINI~, CLAU~F.~ ~ AN EFFECTIV~ 'TERMINATION OF PLAN'; PRO- TRANSITIONAL TO GENERAL C~! DATE. Vl01NG A SAVINGS CLAUSE, PRO- ,'st publication of the attached copy of MERe,A:; SA,O LANe ,$ LOCATED VIDING AN EFFECTIVE DATE BETWEEN N.E. 9TH AVENUE AH~ IIIMI~I PALA~ TRAIL, APPR~IMATELY OIIIAM~IIIO. Lvertisement; and affiant further says that ~r NONTH O~ GEON*E EUSH ANONOm~CEOF~C,.CO~ paid nor p ~.,,,,,,~v~..nr~miccd any BOULEVARO; PROVIOm ~e ~. MiSSIOR OF THE ClW OF DELRAY AN ORDINAHCE OF THE CITY '. has neither EM.,ON .~. THE .EA.~.: B~..~.,.. ,---,is,,~ the M,SS,ON OF T.E OTY O, OE~RAY TAL AND4)RC PROCE~; PEOVID- cITY~ LAND U~ PLAN DESIGEA- ,EACH. FLORIDA. CORRECTING ,rson, firmor corporation any discount. ,,G A GENERAL REI~LER TION ,, THE cOMPNEHENSIYE THE ZONING CLASSIFICAT,ON FOR CLAUSE; A SAVING CLAU~; AND I~AN ~ A PARCEL OF LANe A PARCEL OF LAND AS ~ORE PAR- bate, commission or refund for the pur- AN EFFECT,VE DATE. ~E r FAN.,CUU*LY DE- T,CULARLY DESCR,.D H.E,H KNIRED HEREIN FI~ MEOFUM FROM GC AND R-1AA (SINGLE ,se of securing this advertisement for pub- ~.~.~M, DENSffY RESIDENTIAL IN PART I:AMILY RESIOENT;AL~ TO POD AND COMMUNITY FACILITIES IN ~PROFESSiONA~ OFF,CE) O~S- :ation in said newspapers. An ORDINANCE OF T.E C.Y C~, PANT DE REDEYELOFMEHT AREA ~RiC:, s* ~ :~.o ,E,.~ MISSION OF THE CITYOF DELRAY /3; SAIO LAND IS LOCATED ON ED AT THE SE ~ORNER OF BEACH, FLONIOA, NE~ISI~N 1~I THE NOITH SIDE OF LINTON BOU- FEDERAL HIGHWAY AND S,E CITY OF DELRAY ~.ACg U~' I.~VAR~AT S.W. ~1~ AVENUE EX- STREET, AND CORRECTING COMPRENENSlVE PI,J~' FO~ A EMPTI~II PEGM THE TILM~MIT- FLORIDA, IWW"; PROVIDING A PARCEL OF LA/~MgR~ RMITIO~- TAL.ANIM~ I~OCE.~; /~)VID. GENERAL REPEALER CLAUSE, A LANLY DESCRIBED NER~IN ~ I1~ ,~.,~ ~ SAVING CLAUSE, AND AN EFFEC- LOW DENSITY RESI~E`NTIAL 1'0 CLA~; ~[~!1I~; AND~ TIVE OATE, MEOIUM DENSlTY RESIDEIITI~ AN EFFECTIV~ DATI, , CORRECTING THE ZONIN ~ 0ImICI NO. N FICATt0N FROM N-IAA (SlNOLE (lIIIMIl~?141 AN ONDIN~NCE OF THE CITY FAM LY) TO RM (MEDIUM 0gNst. ' .~ TY RESIDENTIAL); ~AID t. MiO IS i - AN ONDtNANC~ OF THE CITY COM. MISSioN OF T~E CITY OF DELEAY LOCATED AT TI~ N01T~ MIWM~iT4ICITY OF O~UIAY BEACN. FLONIDA` CHANGING THE torn to and subscribed before me this ~R OF ANONE¥/~ AV~II!E l' BE`AOt, FL~J~A, CHANGINgTNE C1TY OF OELEAY LAND USE PLAN AND T~ STREL~ Pf~q~D' l, CITY.OR Oil.gaY lEa~g' LAIID DE$~G~.T~ON ~N THE COMPRE- TRANSA~ITTAL..AN~ I~; ~ C~RMI~E`'HEII~lf~ PLAN ~ ~ FARCEL OF L, AJlO AS MO~E PAR- PNOVIDIN~ A GENEIL4L i~[f' ,f, li)AIC~L O~ LAND AS MOlE PAN- TICULARLY OESCRINEO HEREIN day of A.D. 19 ER cLAuse; A SAVIN4~_C~4~I~; ?!TICULARLY DESCRIEEO HEREIN FRGMTEANSITIONALTOMEDlUM ; ' -- AND AN EFFECTIVE DATI.! FI~ ~NERAL COMMERCIAL TO DINSlTY RESIDENTIAL; SAID ,- ' ;~. TIA/ISITIOI~ SAID LANe IS LO. ~*AII~ISLO~ATEDAT~OUTH FED- IIIIMI~I~S$4~ CAlID ON THE NORTIt SIDE OF _F.I~M,. HIGH~AY AND $.E. ~ An OROIIIANCl OF THE clT~-C~4. 411 I~,~O[; Iql~VII)lN ~ E~-. ~ FROM THE TRANSA~IT.  Ml~lOltOF TH~CITYOFDELIAY T*' TAL.AND4)RC PRO(ESS; PROVlo. BEACH, PLO~JOA, CHAtiGI. ~ TE~4~P~I~ ~ HIG A GENERAL REPEALER CITY OF D~LRAY ~ LA~O IN~ A ~ ~RER CLAUSE; A SAVING CLAUSE; AND USE PLAN,~E. II~I't011 IH THE CLAU~,, ~ ~ CLAUSE; ANt) AN EFFECTIVE DATE. COM~R~I4EMIV~ ~ LEeR A AN EFFECTIVEO4TE. LARLY D~llrr. D HL~N FRO!~, IN "- AN ORDINANCE OF THE CITY COM. MISSION OF TNE CITY OF DELRAY DENSITY RESIDENTIAL; Sd~ BEACH, FLORIDA eEVrS~NG THE ~R~ST COR#ER OF N.W. ~ BF,~, FI.Ot~, NEZO&~. *'HO CITY'S LAND USE PLAN DESIGNA-  ~:~'lC~k~ L~ ' ~C~./~/~ l~. ~O. STREET AND N.W.i. TH AVEli~E; PLACING LAND PRES~IITLY TION IN THE COMPREHENSIVE PROVIDING ~ EXEMPTION ~ PC (PLANNED COfAM~R. PLAN FOR A PARCEL OF LAND PROM THE TRANMAIT. CIAL} OtSTEICT IN THE AC MORE PARtiCULaRLY DE- TAL.AND4)~C PI~OC~S~; PRO~ID. tAUTO~OTIVE` ~A~R;I~L) OI~- SCRIBED HEREIN FROM MEDIUM lNG A GEHERAL RrdFEALEL TNICT; ~I~LANI)I~flNGLOCAT- DENSITY RESIDENTIAL TO COM.