79-93 ORDINANCES
NO. Z~-~
FIRST READING: //~/~ ~
COMMISSION ACTION: ~~
SECOND READING: /~--/~/~ ~
COMMISSION ACTION: ~Q/4~Fi ~---O
NOTES:
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ORDINANCE NO. 79-93
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 GC AND R-1AA (SINGLE FAMILY
RESIDENTIAL) TO POD (PROFESSIONAL OFFICE) 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, 1990";
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) in part and
R-1AA (Single Family Residential) in part; 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 GC (General Commercial) in part and R-1AA (Single
Family Residential) District in part 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 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 POD (Professional
Office) District for the following described property:
The westerly 303.23' of North 75.0' of Lot 12, Block
1, OSCEOLA PARK, Plat Book 3, Page 2; containing
0.522 acre parcel of land, more or less.
The subject property is located at the S.E. corner
of S. Federal Highway and S.E. 5th Street (Mayfair
Animal Hospital).
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 ~m~~
ATTEST:
City Clerk
First Reading November 23, 1993
Second Reading. December 7, 1993
2 ORD. NO. 79-93
GC to NC
/
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~l
SUBJECT: AGENDA ITEM ~ l~C- MEETING OF DECEMBER 7. 1993
ORDINANCE NO. 79-93
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 of
S. Federal Highway and S.E. 5th Street (Mayfair Animal Hospital) from
GC (General Commercial) zone district in part and R-1AA (Single
Family Residential) zone district in part to POD (Professional and
Office District).
This proposed rezoning will bring the zoning into compliance with the
Transitional Land Use designation for this property.
The Planning and Zoning Board at their November 15th meeting
recommended approval. See backup material attached to Ordinance No.
72-93.
Subsequently, staff received a letter protesting the rezoning of the
Mayfair Animal Hospital to POD. The letter cites that the current
tenant has a considerable retail business which would be affected by
the proposed zoning change. Staff has responded to the letter and
indicates that retail sales of pet products and supplies can be
permitted as an accessory use to the veterinary clinic. Therefore,
POD zoning will not make the retail component of the business
non-conforming.
At the November 23rd regular meeting, Ordinance No. 79-93 passed on
first reading by a 5 to 0 vote.
Recommend approval of Ordinance No. 79-93 on second and final reading.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
NO. 79-9
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 of
S. Federal Highway and S.E. 5th Street (Mayfair Animal Hospital) from
GC (General Commercial) zone district in part and R-1AA (Single
Family Residential) zone district in part to POD (Professional and
Office District).
This proposed rezoning will bring the zoning into compliance with the
Transitional Land Use designation for this property.
The Planning and Zoning Board at their November 15th meeting
recommended approval. See backup material attached to Ordinance No.
72-93.
Recommend approval of Ordinance No. 79-93 on first reading. If passed
public hearing December 7th.
CITY COMMI S S I ON DOCUME NTAT I ON
TO: ~ T. HARDEN, CITY MANAGER
(
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 7, 1993
ORDINANCE NO. 79-93
REZONING GC TO POD (MAYFAIR ANIMAL HOSPITAL)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
not changing the zoninq on the specified property.
The property is known as the Mayfair Animal Hospital and is
located on the east side of Northbound Federal Highway near
the Barrton Condominiums.
BACKGROUND:
Attached is a letter from Dr. Grubb in which he is seeking
retention of the GC zoning so that he may continue to retail
veterinarian related items to his customers. The proposed
rezoning will not affect this situation as incidental retail
sales is allowed. Please refer to our Department's response
letter (copy attached).
During first reading of this proposed ordinance, Dr. Grubb
inquired about NC zoning in order to accommodate retailing of
specific products from another portion of the building. The
retailing of such a specific use would not be allowed under the
NC zone district (see documentation for Ordinance No. 65-93 for
rationale). In general, NC zoning does not appear appropriate
given the limited frontage and rear parking situation of this
particular site. Also, the transition from NC on the corner, to
POD (this site) to RM (to the south) is appropriate.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not reviewed this item as it
was brought forward subsequent to the P&Z hearing.
City Commission Documentation
Ordinance No. 79-93
Rezoing GC to POD (Mayfiar Animal Hospital)
Page 2
ALTERNATIVE ACTIONS
Since this proposed ordinance is before the Commission at second
reading, the following options are available with regard to
disposition of this request:
A. Take no action on the request and adopted Ordinance No.
79-93 as presented.
B. Accommodate the request by directing the City Attorney to
redraft the proposed ordinance and have a new first reading
on December 14th, with public hearing and second reading in
January.
C. Defer action on the proposed ordinance; refer the special
request to P&Z for comment; and reconsider the matter in
January at which time either action "A" or "B" would be
pursued.
D. Adopted Ordinance No. 79-93 as presented;, but, ALSO,
provide direction with respect to consideration of a Future
Land Use Map Amendment to change the underlying land use to
General Commercial (thus accommodating GC zoning) or with
respect to consideration of a private petition for NC
zoning.
RECOMMEND ED ACT I ON:
Alternative Action "A" i.e. adoption of Ordinance No. 97-93 as
presented (GC to POD).
Attachment:
* Request letter dated November 18, 1993
DJK/CCGRUBB.DOC
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: /~D~ID T. HARDEN, CITY MANAGER
THRU: ~J~AVID J. KOVACS, DIRECTOR~
DEPARTMENT OF PLANNING AND ZONING
FROM: DIANE DOMINGUEZ, PRINCIPAL PLANNER
SUBJECT: CITY COMMISSION MEETING OF DECEMBER 7, 1993
SUPPLEMENTAL INFORMATION REGARDING ORDINANCE 79-93~
CHANGE OF ZONING FROM GC (GENERAL COMMERCIAL) TO POD
(PROFESSIONAL AND OFFICE DISTRICT) FOR THE MAYFAIR
ANIMAL HOSPITAL
The information contained in this memorandum is supplemental to
the documentation that was previously provided to the City
Commission on the above referenced item.
One of the corrective land use and rezoning actions that is
being considered for second reading by the City Commission on
December 7th is a rezoning of the Mayfair Animal Hospital on
S.E. 6th Avenue from GC to POD. The rezoning is being processed
to correct an inconsistency between the Transitional land use
classification and the GC zoning. The existing use of the
property is a veterinary clinic, which is allowed in the POD as
a conditional use.
Subsequent to the Planning and Zoning Board consideration of
this item, the Planning and Zoning Department received a letter
from the clinic's veterinarian, Dr. Grubb, regarding the
proposed change (copy attached). Dr. Grubb noted that his
business has a retail sales component, and questioned if that
component could be continued under the proposed POD zoning.
As indicated in our response to Dr. Grubb, retail sales of pet
products and pet supplies can be permitted as an accessory use
to the veterinary clinic. The change to POD will not make the
retail sales component of the business non-conforming.
If you would like additional information regarding this item,
please let me know.
Mayfair Animal Hospital, Inc
525 SE 6th Avenue
Delray Beach, FL
November 19, 1993
Mr. Paul Dorling
Senior Planner
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL
Dear Mr. Dorling,
This letter is in response to a proposed zoning change of the
property located at 525 SE 6th Avenue, Delray Beach. Currently,
the property is zoned as GC and you propose to change this to
POD.
Your proposal is not consistent with current property use. POD
does not allow for retail sales. A significant portion of my
business results from retail sales. I have a retail occupation
license with the City of Delray Beach, and it is my intention
to maintain this license.
I would entertain any discussion with the planning and zoning
department to restrict further land use under GC zoning.
Unfortunately, I could not attend your November 15th meeting.
Thank you.
Sincerely,
James Grubb; DVM
cc: Mayor Thomas Lynch
Commissioner Jay-AIp~rSn
Planning and Zoning Board
NOV
100 N.W 1st A'vSNL. 5 · DEL'r'RAY BEACH, ~LC, RiDA 334,.¢,.t · 407./242-7C00
November 23, 1993
James Grubb, DVM
Mayfair Animal Hospital
525 S.E. 6th Avenue
Delray Beach, Florida
Dear Dr. Grubb,
The Planning Department is in receipt of your letter of November
19, 1993 regarding the proposed change of zoning from GC
(General Commercial) to POD (Professional and Office District)
for your property. This zoning change was initiated by the City
in order to correct an inconsistency between the underlying
Transitional land use and the GC zoning. Per the City's
Comprehensive Plan (adopted in 1989), GC zoning may not be
applied to property having a Transitional land use designation.
After examining the range of zoning districts permitted under
the Transitional land use classification, the POD was selected
as the.most appropriate for the existing use of a veterinary
clinic. With regard to the retail sales component, you are
correct in stating that the POD regulations do not include
retail sales as a permitted use. However, retail sales of pet
supplies can be considered to be an accessory function to the
primary use of a veterinary clinic. Thus, that aspect of your
business may continue to be conducted under the POD zoning. It
will not be necessary to change or discontinue any part of your
occupational license as a result of the change in zoning.
If you have any questions regarding this explanation, please
don't hesitate to call me at 243-7040.
Sincerely,~'
Diane Dominguez, A~CP
Principal Planner
c: David J. Kovacs, Planning Director
Paul Dorling, Project Planner
THE EFFORT ALWAYS MATTERS
I~ ~vlllOI!~llP tR~E CII"YOF ~Y HEREIN; ANO AMENDING'ZONING /
d llEACH,;~.~ilJl)~, OUddGING TNE
i PJ~ I~iEidy DISTRICT MAP, D~LRAY lEACH, /
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~ b ~ ~ ~ ~ ~PREHE~IVE ~ F~ A ~VI~ C~, AND AN EF;EC.
~d~fl~C~ TICU~RLY ~RIB~ HEREIN
~ ~ ~ ~ ~ C~ C~ ~ ~ TIONAL tN PA~T TO TRANSITIO~AN ORDINANCE OF THE CITY
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' IT ~ ~ I~1;~ TICU~RLY DE~RIBED HEREIN~,F~,~I:~A~.~5:~ ~TH ~RAL HIGHWAY A~ BEACH, FLORIDA,
~.AJ)~~ EXEMPTI~ FR~ THE TRAN~ CIE$ AND BENEFITS'
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FEDERAL HIGHWAY AND S.E. 5TH ~~ AN EFFE~IVE DATE DA, BY ~ENDING AND RESTAT-
STREET; AND CORRECTING * lNG SECTIONS ~.~ THROUGH
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~LORIDA, 1~; PROVIDING AMISSI~ OF THE CITY OF DELRAY FORTH IN THE '~ENDMEHT TO
~ub]J~ed ~]]y ~NERAL REPEALER C~USE, AB~CH, FLORI~, ~ENDING AN ORDI~NCE OF THE CITY COM- CITy OF DELRAY BEACH GENER-
~VING CLAUSE, AND AN EFFEC- CHAPTER 4, ~ONING REGU~ MISSION OF THE CIT~ O; OELRAYAL E~PLOYEES' RETIREMENT
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'NE~GHBOR~ CO~ERCIAL THE Z~NG C~IFtCATI~ FOR ~NCOR~RATED HEREtN:
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THE D~ING OF ~1~ ~VING C~USE, AND AN EFFEC- NEW SECTION M~,
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VETERINARY ~FICES AS A C~ ~ ~ ~ 'PARTICIPATiOn: ~END~G AND
,ppeared Michelle Bernzweig, Marketing 0,,,~ usE; BY ~ENDING, aETITLING SECTION
SUBSECTION la. II, F), AN ORDINANCE OF THE CITY C~ ~ESTING',AND REPEALING
:ervlces Manager of The News, daily news- ~EVELOaE,T STA,OARD~, TO ~/MI~OFTHECffY~DELRAY FO,eER SECT,O, ~,,
PR~IDE FOR A ~X~M~ FL~ ~CH, FLORI~, CHANGI~ THE %ERVIC~; REPEALING SECTION
~apers published in Boca Baton in Palm ,.~ FOR SIDLE TENANT OF. C,TY O~ ~LgAY BEACH ~NO B.~, %EAVE OF
F(CE ~ SERVICE U~ES AND Si~ USE ~ ~r~ ~ r~ ~ENO~ SECTION ~,
~each County, Florida; that the attached a~E PmNOaEUSES; P,alm~ C~RI,E~IVE ,UN ;O, ~ ~,EmTEO SE,V,CE
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(~DIUM ~ITY RESI~NTIAL) AN EFFE~I~ ~TE. INCME AND MINIMUM BENE-
TO ~ (GENIAL CWERCI~); FIT~: MNDI~ SECTION
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AND I~TE~T~' AMENDING
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brough Sunday, and has been entered as .,u,a~r.c,..~,~, "" A~.*'"~' ATI"G A NEW SECTIO"
econd class matter at the post office in c,- . ~LRAY 1~ ~.O aO C~I~ '~1~ ~' ,.G SECT,O. ~1~. ~.~ST
3r a period of' one year next preceding the ~RLYDE~.IBEOHEREINF~ C~U~ ~ AN EFFEC~ WEe~,~A,,O. OF ~,'.
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EM~ FR~ THE TRA~IT: ~, ~1~ e~l~lNG THE M~SS~ON O~ T~E OT~ OF DELRA~
TAL AN~C ~; ~l~ CI~'S ~NO U~E ~N ~SI~ BEACH, FLORIDA, CORRECTinG
C~USE; A ~VI~ C~USE; AND ~N ~ A PARCEL ~ ~O A PARCEL OF LAND AS ~RE PAR.
~bate, commission or refund for the put- AN EFFECT~VE DATE. ~g .PARTICU~RLY ~- DCUUeLY ~RIBED HEREIN
~RIBED HEREIN FR~ MEDIUM FR~ GC AND R.I~ (S~NGLE
ose of securing this advertisement for pub- ~~ OENSIW RESI~NTIAL ~N P~RT ;AMPLY eESIDENTIAL~ TO POD
AND C~UN~TY FACILLTIES IN P~O;ESS~CNAL 3FF~CE~
.cation in said newspapers. ,, ORDINATE OF THE CITY C~ PART ~ REDEVELOPMENT AREA T~ICT. SAID LANO 8E'N& _OCAT.
B~CH, FLORI~ R~IS~ ~E THE ~TH SI~ ~ LINTON ~ F[OERAL HIGHWAY ANOS E ~TH
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~DIUM ~NSl~ RESI~ AN EFFE~IVE ~T~
TY RESI~NTIAL); ~tO ~ ~ :, ~ ~ ~ THE CITY C~ MINION ~ THE CITY OF OELRAY
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worn to and subscribed- before me :his c~.. 0~ ~a.~ A.~ ,~,,~,~ C~,~ ,,~ c,. O~ ~,~, ~.o use
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' ~ AT~T~ ~E, IN T~ STREET; P~lOl~ F~ EX~P-
BEACH; FLO~ C~I~ THE TAL~ ~ ~ I~ A GENERAL RE.ALFA
CITY OF OEL~Y ~ACH ~D I~ A ~ RE~LER C~USE; A ~V~NG C~USE; AND
USE P~ ~Tl~ IN THE C~; A M~ C~E; A~ ~ EFFECTIVE DATE.
PARCEL OF ~D ~ ~TIC~ ~ ~
~RLY OE~RIB~ HER~N FR~ * J~ ~' · ~DINANC~ OF THE CITY COM.
C~UNI~ FACILITIES TO ~ ' " MISSION OF THE CIT~ OF DELRAY
~ITY RE~DENTI~ ~ ~, FLORIDA ~EWS~G THE
~T C~NER ~ N.W. ~ l~, P~ RE~MO CITY'S ~RD USE P~N DESLGNA.
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~RIIEO HEREIN FR~ MEDIUM
~ A ~ R~, 'TRI~;~~' DENSITY RESi~NTIAL TO CO~