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11-92
ORDINANCE NO. 11-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR LOTS 1, 2 AND 3, BLOCK 1, GOLF PARK, AS RECORDED IN PLAT BOOK 26, PAGE 141 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, FROM PC (PLANNED COMMERCIAL) DISTRICT TO POD (PROFFESSIONAL OFFICE) DISTRICT; SAID LAND BEING LOCATED AT THE NORTHWEST CORNER OF LOWSON BOULEVARD AND CONGRESS AVENUE; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is shown as being zoned PC (Planned Commercial) District on the Zoning District map of the City of Delray Beach, Florida, dated October 1, 1990; and, WHEREAS, a review of City records indicates that such zoning classification was inadvertently applied to said property; and, WHEREAS, Section 2.4.7(F) (2) of the Land Development Regulations has made provisions for relief from improper regulations; and, WHEREAS, a request has been made with respect to the subject property and has been reviewed by the Special Adjustment Advisory Board, and has been determined to be the result of improper enactment; and, WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, be corrected to reflect the proper zoning thereof, 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 October 1, 1990, be, and the same is hereby corrected to reflect a zoning classification of POD (Professional Office) District for the following described property: Lots 1, 2 and 3, Block 1, Golf Park, according to the Plat thereof recorded in Plat Book 26, Page 141 of the Public Records of Palm Beach County, Florida, LESS that part as described in Official Records of Palm Beach County, Florida, more particularly described as follows: The external area created by a circle with a 25 foot radius tangent, to the South line of said Lot 1 and tangent to the East line of said Lot 1. And also less that part as described in Official Record Book 5769, Page 616 of the Public Records of Palm Beach County, Florida, more particularly described as follows: A portion of Lots 1, 2 and 3, Block 1 of the Plat of Golf Park, as recorded in Plat Book 26, Page 141 of the Public Records of Palm Beach County, Florida, and being more particularly described as follows: Commencing at the northeast corner of said Lot 3, thence south 0~ 52'38" east, along the east line of said Lot 3, a distance of 4.36 feet to the Point of Beginning of the herein descrabed parcel; thence continue south 00° 52'38" east, along the westerly right-of-way line of Congress Avenue as shown on the said Plat of Golf Park, a distance of 202.78 feet to the beginning of a curve concave northwesterly, having a radius of 25.00 feet and a central angle of 33° 25'32"; thence southwesterly along the arc of said curve, a distance of 14.58 feet to a point on a curve concave westerly having a radius of 5672.58 feet, a central .angle of 02° 11'16" and whose radius bears north 88°41'22" west from said point; thence northerly along the arc of said curve, a distance of 216.61 feet to the Point of Beginning Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change 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 immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 24th day of March , 1992. ATTEST: ~ity Clerk ~ First Reading March 11, 19~ Second Reading March 24. 1992 -2- Ord. No. 11-92 il ] i 'll~ iiii iii i i i i ii ~ ii]i i '~ : I~ATON~'DELRAY BOYNTON BEACH~DEERI'IEI. D BEACH ' BOCA : . '. Published Daily Monday through Sunday " Boca Baton, Palm Beach County, Florida Delray Beach, Palm Beach County, Florida STATE OF FLORIDA OOUNTY OF PALM BEACH Before the undersigned authority personally appeared Nancy Smith, Inside Sales Man- ager of The News, daily newspapers pub- lished in Boca Baton in Palm Beach County, Florida; that the attached copy of advertise- ment was published in said newspapers in the issues of: _ Affiant further says that The News is a newspaper publ~lshed in Boca Baton, in said Palm Beach County, Florida, Monday through Sunday, and has been entered as second class matter at the post office in Boca Baton, Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the pur- pose of securing this advertisement for pub- lication in said newspapers. Sworn to and subscribod boforo mo this MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~! AGENDA ITEM # /Om - MEETING OF MARCH 24, 1992 SUBJECT: ORDINANCE NO. 11-92 DATE: MARCH 20, 1992 This is second reading of an ordinance correcting the zoning classification for Lots 1, 2 and 3, Block 1, Golf Park (located at the northwest corner of Lowson Boulevard and Congress Avenue) from PC (Planned Commercial) District to POD (Professional Office) District. The subject property was zoned to the SAD (Special Activities District) classification in 1984, with the approved uses restricted to professional offices, medical offices and laboratory, and travel agency. Upon the approval and implementation of the Land Development Regulations in October, 1990, a new zoning classification POD (Professional Office) District was created. When the Official Zoning Map was created, the PC (Planned Commercial) zoning category was applied to the subject property in error. Planned Commercial zoning is to be applied only where there is five acres within the development Or a special circumstance exists. POD (Professional Office) is the appropriate zoning classification for this property. The Planning and Zoning Board does not review relief from improper regulation requests. The Special Adjustment Advisory Board has reviewed this request and has determined that an inadvertent action may have occurred and that special consideration is warranted. Recommend approval of Ordinance No. 11-92 on second and final reading. CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF MARCH 11, 1992 FIRST READING OF AN ORDINANCE CORRECTING THE OFFICIAL ZONING MAP ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of aDDroval on first reading of an ordinance which corrects the Official Zoning Map with a change from PC to POD for the Landis Professional Center. The Landis Professional Center is located at the northwest corner of Lowson Boulevard and Congress Avenue. This item is being presented directly to the City Commission through the provisions of S~ction 2.4.7(F)(2) Relief From Improper Requlations. BACKGROUND: This property was zoned to the SAD classification in 1984 with the uses limited to "professional offices"; "medical offices & labs"; "travel agency". With the LDRs a new classification of Professional Office District was created. When the Official Zoning Map was created, the PC (Planned Commercial) designation was applied instead of POD. This is clearly an error in that the PC designation is to be applied only where there is five acres within the development or a special circumstance applies. Neither situation applies in this instance. Further the POD is tailored for this situation. Attached is a letter exchange between the City and the property owner in which he seeks correction of the situation. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board does not review this type of request. The Special Adjustment Advisory Board has reviewed the request and has determined that an inadvertent action may have occurred and special consideration is warranted. City Commission Documentation First Reading of an Ordinance Correcting the Official Zoning Map Page 2 RECOMMENDED ACTION: By motion, approval of this correcting ordinance on first reading. Attachment: * Letter exchange * Location map DJK/CCLANDIS.DOC To: Development Services Management Group " Meeting of March 5, 1992 Page 3 February 24, 1992 Mr. David Kovacs Planning and Zoning Director 100 N.W. 1st Avenue Delray Beach, Florida 33444 RE: Inconsistent Land Use and Zoning Designation Landis Professional Center Dear Mr. Kovacs, It has come to my attention that the PC zoning on my office building is inconsistent with the underlying Transitional land use designation. I understand that this situation is the result of a technical error which occurred during the adoption of the Land Development Regulations in 1990. The correct zoning classification for this property is POD, Professional Office District. Please initiate corrective action to have the zoning classification changed from PC to POD. Sincerely, L~M. Lan~~ ~ Landis Professional Center £1T¥ OF [IELRI:I¥ BEII£H ~00 N,W. Tst AVENUE ~, OELRAY BEACH, FLORIDA 33444 · 407/243-7000 February 24, 1992 Mr. Lawrence M. Landis 990 S. Congress Avenue Delray Beach, Florida 33445 RE: Inconsistent Land Use and Zoning Designations Landis Professional Center Dear Mr. Landis, The Planning and Zoning Department has received a Conditional Use request to allow a veterinary clinic at the Landis Professional Center. During our review of the application, we noted that the property has a land use designation of Transitional, but is zoned PC, Planned Commercial. This creates an inconsistency between the land use and zoning, in that the PC zoning district is not permitted under a Transitional land use classification. The PC zoning was applied to your property in error during the adoption of the Land Development Regulations (LDRs) in 1990. The correct zoning designation for this site is POD, Professional Office District. This classification is consistent with a Transitional land use, and is an appropriate zoning for the existing office center. This discrepancy between the land use and zoning classifications can be easily rectified by the City Commission through enactment of a correcting ordinance. In order to quickly initiate this corrective action, we would like a letter from you requesting that the change be made. I have attached such a letter for your signature. Once we have received the signed letter, we will schedule the item for immediate consideration by City Commission. If you have any questions regarding this matter, or would like to discuss it further, please feel free to call me at 243-7040. Sinc:rely~ vzane ~omz~guez Planner III cc' D=..~ ~. ~-a~s Planning Director Jeff Costello, Project Planner THE EFFORT ALWAYS MATTERS ..:1 ,t ~' / / ./ \ \ ORDINANCE NO. 11-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR LOTS 1, 2 AND 3, BLOCK 1, GOLF PARK, AS RECORDED IN PLAT BOOK 26, PAGE 141 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, FROM PC (PLANNED COMMERCIAL) DISTRICT TO POD (PROFFESSIONAL OFFICE) DISTRICT; SAID LAND BEING LOCATED AT THE NORTHWEST CORNER OF LOWSON BOULEVARD AND CONGRESS AVENUE; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is shown as being zoned PC (Planned Commercial) District on the Zoning District map of the City of Delray Beach, Florida, dated October 1, 1990; and, WHEREAS, a review of City records indicates that such zoning classification was inadvertently applied to said property; and, WHEREAS, Section 2.4.7(F) (2) of the Land Development Regulations has made provisions for relief from improper regulations; and, WHEREAS, a request has been made with respect to the subject property and has been reviewed by the Special Adjustment Advisory Board, and has been determined to be the result of improper enactment; and, WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, be corrected to reflect the proper zoning thereof, 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 October 1, 1990, be, and the same is hereby corrected to reflect a zoning classification of POD (Professional Office) District for the following described property: Lots 1, 2 and 3, Block 1, Golf Park, according to the Plat thereof recorded in Plat Book 26, Page 141 of the Public Records of Palm Beach County, Florida, LESS that part as described in Official Records of Palm Beach County, Florida, more particularly described as follows: The external area created by a circle with a 25 foot radius tangent, to the South line of said Lot 1 and tangent to the East line of said Lot 1. And also less that part as described in Official Record Book 5769, Page 616 of the Public Records of Palm Beach County, Florida, more particularly described as follows: A portion of Lots 1, 2 and 3, Block 1 of the Plat of Golf Park, as recorded in Plat Book 26, Page 141 of the Public Records of Palm Beach County, Florida, and being more particularly described as follows: Commencing at the northeast corner of said Lot 3, thence south 0~ 52'38" east, along the east line of said Lot 3, a distance of 4.36 feet to the Point of Beginning of the herein described parcel; thence continue south 00° 52'38" east, along the westerly right-of-way line of Congress Avenue as shown on the said Plat of Golf Park, a distance of 202.78 feet to the beginning of a curve concave northwesterly, having a radius of 25.00 feet and a central angle of 33° 25'32"; thence southwesterly along the arc of said curve, a distance of 14.58 feet to a point on a curve concave westerly having a radius of 5672.58 feet, a central angle of 02© 11'16" and whose radius bears north 88°41'22" west from said point; thence northerly along the arc of said curve, a distance of 216.61 feet to the Point of Beginning Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change 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 immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1992. MAYOR ATTEST: City Clerk First Reading Second Reading -2- Ord. No. 11-92 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~/'~ SUBJECT: AGENDA ITEM ~ /~ /~.- MEETING OF MARCH 11, 1992 ORDINANCE NO. 11-92 DATE: March 6, 1992 This is a first reading of an ordinance correcting the zoning classification for Lots 1, 2 and 3, Block 1, Golf Park located at the northwest corner of Lowson Boulevard and Congress Avenue from PC (Planned Commercial) district to POC (Planned Office Center) district; and correcting the Official Zoning Map. This property was zoned to the SAD (Specialized Activities District) classification in 1984 with the uses limited to professional offices; medical offices and labs; travel agency. With the approval and implementation of the Land Development Regulations, a new zoning classification POC (Professional Office District) was created. When the Official Zoning Map was created, the PC designation was applied to this property in error. PC designation is to be applied only where there is five acres within the development or a special circumstance applies. POD is the appropriate zoning classification for this property. The Planning and Zoning Board does not review relief from improper regulation requests. The Special Adjustment Advisory Board has reviewed this request and has determined that an inadvertent action may have occurred and that special consideration is warranted. Recommend approval of Ordinance No. 11-92 on first reading.