74-93 ORDINANCE S
NO.
SECOND READING: I /f! 3
COMMISSION ACTION: ~~ .5---0
-//
NOTES:
~ 74-~
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, CORRECTING
THE ZONING CLASSIFICAT)ON FOR
l.-,~
A PARCEL OF LAND AS MORE PAR-
IICULARLY DESCRIBED HEREIN,
FROA~ R-lA ISINGLE FAMILY RESi-
DENTIAL) IN PART AND CF
(COMN~u NITY FACILITIES) IN
PART TO CF (COMMUNITY FACILI-
TIES); SAID LAND BEING LOCAT-
ED BETWEEN N.W. 6TH AND N.W.
7TH AVENUES, APPROXIAAATELY
i00' NORTH OF N.W ]ST STREET;
ANDCORRECTING "ZONING MAP
OF DELRAy BEACH, FLORIDA,
1W3*; PROVIDING A GENERAL RE-
PEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE
DATE,
ORDINANCE NO. 74-93
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
DESCRIBED HEREIN, FROM R-lA (SINGLE FAMILY
RESIDENTIAL) IN PART AND CF (COMMUNITY FACILITIES)
IN PART TO CF (COMMUNITY FACILITIES); SAID LAND
BEING LOCATED BETWEEN N.W. 6TH AND N.W. 7TH AVENUES,
APPROXIMATELY 100' NORTH OF N.W. 1ST 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-R-iA (Single Family Residential) 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-iA (Single Family Residential) in part and CF
(Community Facilities) in part to CF (Community Facilities) 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 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 CF (Community
Facilities) District for the following described property:
S 1/4 (Less W 25' Rd R/W S 93' of E 97.3' of W
122.3', Block 11, TOWN OF DELRAY
TOGETHER WITH
S 50' of E 135' of N 1/2 of S 1/2, Block 11, TOWN OF
DELRAY
The subject property is located between N.W. 6th and
N.W. 7th Avenues, approximately 100' North of N.W.
1st Street (parking.areas associated with St. John's
Primitive Baptist Church); containing 0.29 acre
parcel of land, more or less.
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 ~n
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~sion on second and final
reading on this the 7th day of ~~~
MAYOZ/
ATTEST:
OCit¥ Clerk
First Reading November 23,1993
Second ReadingDecember 7, 1993
2 ORD. NO. 74-93
H.W. 3RO ST. ,,
~. w. 2N D S~.
H.W. 1ST
ATLANTIC AVENUE
CORRECTIVE REZONING
St. John's Baptist Church
(74-93)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
ORDINANCE NO. 74-93
DATE: December 5, 1993
This is the second reading of an ordinance correcting the zoning
classification for a parcel of land located between N.W. 6th Avenue
and N.W. 7th Avenue, approximately 100' north of N.W. 1st Street (St.
John's Primitive Baptist Church parking areas) from R-iA (Single
Family Residential) in part and CF (Community Facilities) in part to
CF (Community Facilities).
This rezoning is being initiated to correct errors which occurred
during the citywide rezonings in 1990. At that time a portion of the
Church property which contains the sanctuary and a parking area were
rezoned to CF, with the balance of the property remaining in the R-IA
district.
The Planning and Zoning Board at their November 15th meeting
recommended approval. See the staff report attached to Ordinance No.
72-93.
At the November 23rd regular meeting, Ordinance No. 74-93 passed on
first reading by a 5 to 0 vote.
Recommend approval of Ordinance No. 74-93 on second and final reading.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
QRDINANCE NO. 74-93
DATE: November 19, 1993
This is the first reading of an ordinance correcting the zoning
classification for a parcel of land located between N.W. 6th Avenue
and N.W. 7th Avenue, approximately 100' north of N.W. /st Street (St.
John's Primitive Baptist Church parking areas) from R-lA (Single
Family Residential) in part and CF (Community Facilities) in part to
CF (Community Facilities).
This rezoning is being initiated to correct errors which occurred
during the citywide rezonings in 1990. At that time a portion of the
Church property which contains the sanctuary and a parking area were
rezoned to CF, with the balance of the property remaining in the R-lA
district.
The Planning and Zoning Board at their November 15th meeting
recommended approval. See the staff report attached to Ordinance No.
72-93.
Recommend approval of Ordinance No. 74-93 on first reading. If passed
public hearing December 7th.
CITY COMMISSION DOCUMENTATION
TO: ~-DA~ID T. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
PRINCIPAL PLANNER~'w-~'' .... I*~
SUBJECT: MEETING OF NOVEMBER 23, 1993 ~
CONSIDERATION OF TWO CORRECTIVE CHANGES OF ZONING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
aDDroval 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. Sth 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.
1st 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
Specialis.ts 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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)aim Beach County. Florida. Monday ~~ '
brough Sunday. and has been entered as ~,~c,w~y n.M~.A~~ ~.,~. ~EW SEC.,O~
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~AN$1TI~AL TO GENERAL ~] VIOING A SAVING5 C~USE,
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~LY ~11~ HE~I~ ~ · TroVE DATE.
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worn to and subscribed before me this ~, ~ ~:j[ ~F~I~iN~[ O~LRAY~NOUSEP~N
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day of (6 A.D., 19 n c~; A ~[~' ~L NaIMD WEll FRMTaANSiTi~ALTOMEDI~
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i ~NSITY BESI~NTIAL TO C~