76-93 ORDINANCES
SECOND READING:
NOTES:
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ORDINANCE NO. 76-93
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 AS MORE PARTICULARLY
DESCRIBED HEREIN FROM GENERAL COMMERCIAL TO
TRANSITIONAL; SAID LAND IS LOCATED ON THE NORTH SIDE
OF WEST ATLANTIC AVENUE, IN THE 4000 BLOCK;
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 T~E
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property
is as follows:
E 1/5 of SE 1/4 of NE 1/4 of SE 1/4 (less SR 806
r/w) lying in Section 13, Township 46 South, Range
42, East, Palm Beach County, Florida; containing
1.88 acre parcel of land, more or less.
Together with
N 193' of S 200' of westerly 292.51' of easterly
424.51' of SE 1/4 of NE 1/4 of SE 1/4 (less SR 806
r/w); containing 1.30 acre parcel of land, more or
less.
The subject property is located on the North side of
West Atlantic Avenue, in the 4000 Block (Hitching
Post, Hamlet Shops)
Section 2. That the Land Use Plan designation of the subject
property in the Comprehensive Plan is hereby changed to Transitional.
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conflict herewith be, and the same are hereby repealed.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 s_e_~sion on second and final
reading on this the 7th day of Dece~~~_~j~_
ATTEST:
City Clerk
~First Reading November 23, 1993 ..
Second Readin~ December 7, 1993
2 ORD. NO. 76-93
ATLANTI
S.R. 806
N
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
ORDINANCE NO. 76-~3
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 on
the north side of West Atlantic Avenue, in the 4000 Block (Hitching
Post and Hamlet Shops) from General Commercial to Transitional.
These properties currently have a General Commercial land use
designation and NC (Neighborhood Commercial) zoning. While these
designations are compatible, the underlying land use would allow a
more intense zoning classification, such as GC (General Commercial).
As this type of zoning would not be appropriate, the land use change
to Transitional is recommended. 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. 76-93 passed on
first reading by a 5 to 0 vote.
Recommend approval of Ordinance No. 76-93 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: ~C I TY MANAGER
SUBJECT: AGENDA ITEM ~ . - MEETING OF NOVEMBER 23. 1993
ORDINANCE NO. 76-93
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 on
the north side of West Atlantic Avenue, in the 4000 Block (Hitching
Post and Hamlet Shops) from General Commercial to Transitional.
These properties currently have a General Commercial land use
designation and NC (Neighborhood Commercial) zoning. While these
designations are compatible, the underlying land use would allow a
more intense zoning classification, such as GC (General Commercial).
As this type of zoning would not be appropriate, the land use change
to Transitional is recommended. 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. 76-93 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
PRINCIP/~L PLANNER~ ~-v. .... I ~
SUBJECT: MEETING OF NOVEMBER 23, 1993
CONSIDERATION OF THREE CORRECTIVE AMENDMENTS TO THE
FUTURE LAND USE MAP~ AND ONE CONCURRENT CHANGE OF
ZONING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval 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 Southr~dge subdiv~sion, 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/Rezonlng
Page 3
3. HAMLET SHOPS/HITCHING POST A change in land use from
General Commercial to Transitional for property located on
the north side of Atlantic Avenue Just east of Hamlet
Drive.
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
DD\T:CCSS2.DOC
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