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12-92 ORDINANCE NO. 12-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR A PARCEL OF LAND AS MORE PARTICULAP~LY DESCRIBED HEREIN, FROM RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF N.E. 7TH AVENUE, BETWEEN N.E. 6TH STREET AND N.E. 7TH STREET; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, as being zoned RM (Medium Density Residential) District; 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 makes provision 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 inadvertent 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 CF (Community Facilities) District for the following described property: Lots 44 through 49, inclusive, and the east one-half (E 1/2) of the abandoned (via Resolution No. 64-86) 16 ft. alley lying west of and adjacent to said Lots 44 through 49, inclusive, THE HOFMAN ADDITION TO DELRAY, FLA., as the same is recorded in Plat Book 5 at Page 3 of the Public Records of Palm Beach County, Florida. The subject property is located on the west side of N.E. 7th Avenue, between N.E. 6th Street and N.E. 7th Street, Delray Beach, Florida. 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 immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ~4~h day of April , 1992. ATTEST: ~City C]~rk ' First Reading: March 24, 1992 Second Reading: April ~4, [992 Ord. No. 12-92 BATON ~'DELRAY BEACH BOYNTON BEACH® DEERFI£LD B£ACH BOCA ~EWS Published Daily Monday through Sunday Boca --Raton, Palm Beach - -(Jounty, Florida ^ ~N~'c ~ARm Delray Beach, Palm Beach County, Florida ~.., ~:~, ~, STATE OF FLORIDA ~ "~ ~ ~ COUNTY OF PALM BEACH ~, ~ ~ m ~c~ Before the undersigned authority personally ...~'A,,~ appeared Nancy Smith, Inside Sales Man- ago~ of Tho ~ows, d~i17 newspapo~s pub- lished in Boca Raton in Palm Beach County, Florida; that the attached copy of advertise- ,~, the issues of: (~UNI~, FAOLITIE$) ~H AVENUE, ~1 ~ 0 / STREET AND N,E. ~ STREW; AND C~RECTING OF ~LRAY B~CH, ~, PROVIDING Affiant further says that The News is a newspaper published in Boca gaton, in said Palm Beach County, Florida, Monday through Sunday, and has been entered as second class matter at tho post office in ~RLY Boca Raton, Palm Beach County, Florida, for a period of one year next preceding the ~t~u~,~ ho has nei~ho~ paid no~ promised an7 p~8on, fl~m o~ eo~po~g~on any dlseoung, rebate, commission or refund for the pur- '~' pose of securing this advertisement for pub- T~C~~~ lication in said newspapers. ~ 8worn go and subserlbed bofo~e me ~h~s MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER/~ SUBJECT: AGENDA ITEM % /O_ /~ - MEETING QF APRIL 14. 1992 ORDINANCE NO. 12-92 DATE: April 10, 1992 This is the second reading of an ordinance correcting the zoning classification from RM (Medium Density Residential) district to CF (Community Facilities) district, for the Acura Dealership located on the west side of N.E. 7th Avenue between N.E. 6th and 7th Streets; and correcting the Official Zoning Map. This property was original zoned RM-10 (Multiple Family Dwelling District) in part and SC (Specialized Commercial) in part. On August 26, 1986 the City Commission approved a conditional use request for the Acura Dealership which provided for the use of the east half of the site (RM-10) for employee/customer off-street parking and the west half of the site (SC) for automotive sales and associated uses. With the adoption of the Land Development Regulations, the zoning designations were changed from SC to AC (Automotive Commercial) and RM-10 to RM (Medium Density Residential). The RM zoning designation does not allow off street parking as a conditional use. During analysis of the LDR rezoning action the approved conditional use for parking was inadvertently overlooked. Had this information been available a more appropriate zoning designation would have been affixed to this property. Correction of the zoning to CF is therefore appropriate. 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. 12-92 on second and final reading. ORDINANCE NO. 12-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR A PARCEL OF LAND AS MORE PARTICULARLY DESCRIBED HEREIN, FROM RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF N.E. 7TH AVENUE, BETWEEN N.E. 6TH STREET AND N.E. 7TH STREET; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, as being zoned RM (Medium Density Residential) District; 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 makes provision 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 inadvertent 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 ' 'e City of Delray Beach, Florida, dated October 1, 1990, be, and %ne same is hereby corrected to reflect a zoning classification of CF (Community Facilities) District for the following described property: Lots 44 through 49, inclusive, and the east one-half (E 1/2) of the abandoned (via Resolution No. 64-86) 16 ft. alley lying west of and adjacent to said Lots 44 through 49, inclusive, THE HOFMAN ADDITION TO DELRAY, FLA., as the same is recorded in Plat Book 5 at Page 3 of the Public Records of Palm Beach County, Florida. The subject property is located on the west side of N.E. 7th Avenue, between N.E. 6th Street and N.E. 7th Street, Delray Beach, Florida. 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 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. 12-92 ACURA of delray beach City of Delray Beach March 3, 1992 Director of Planning & Zoning 100 Northwest 1st Avenue Delray Beach, Florida 33444 ATTN: David Kovacs Dear Mr. Kovacs, I, Robert A. Leo owner of Acura of Delray Beach, request that a hearing be set up by the Special Adjustment Advisory Board to review an inapproriate or inadvertantly changed zoning designator for the east half of my Acura Dealership located at 655 Northeast 6th Avenue Delray Beach, Fl. 33483. It is my understanding that with the adoption of the L.D.R.'s in October 1990 my property was given a R.M. zoning designation. At that time my property was being utilized for parking for my dealership and therefore would have been more appropriatly zoned C.F. Please contact me as to when this meeting will be held and if I may be of any assistance beforehand please do not hesitate to contact me. Owner~.~_./ 655 Northeast 6th Avenue, U.S. Highway One · Delray Beach, Florida 33483 · 4071265-0000 · FAX 407/243-3632. ~ CITY COMM I S S I ON DOCUMENTATION TO: DAVID T. HARDEN~C~TY MANAG~c~ THRU: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: ~~RL~NNER II SUBJECT: MEETING OF MARCH"24, 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 approval on first reading of an ordinance which corrects the Official Zoning Map with a change from RM to CF for a portion of the Acura auto dealership. The Acura Auto dealership is located on the east side of Federal Highway between N.E. 6th and N.E. 7th Avenues. This item is being presented directly to the City Commission through the provisions of Section 2.4.7. (F)(2) Relief from Improper Requlations. BACKGROUND: The Acura property was zoned RM and SC in part in 1985. On August 26, 1986 the City Commission approved a conditional use request of the Acura Dealership for the following; On the East half of the site (RM-10 property) - off street parking area for employee/customer parking only On the west half of the site (SC property) -automotive sales with associated uses of automobile paint and body shop and automotive repair shops and garage. With the rezonings associated with the adoption of the LDR,s (October 1, 1990) the zoning designations were changed from SC (Specialized Commercial) to AC (Automobile Commercial) and RM-10 to RM. The RM zoning designation does not allow off street parking as conditional use. During analysis of the LDR rezoning action it was overlooked that the RM-10 property was part of the Acura dealership and operating under an approved Conditional use approval. Had these facts been available a more appropriate zoning designation of CF (which allows private parking lots ) would have been affixed to the property. City Commission Documentation memorandum Acura Dealership Rezoning Ordinance RM to CF Page 2 Attached is a letter received from the owner of the Acura Dealership 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 had the history of the use been known with the LDR adoption the recommended zoning designation would have been CF (Community Facilities), therefore special consideration is warranted. ALTERNATIVE ACTIONS: 1. Reject the request and direct that the item be processed through the formal rezoning process. 2. Approve the request. RECOMMENDED ACTION: By motion, approve the ordinance on first reading correcting the official zoning map from RM to CF (Community Facilities) for lots 44-49 and 1/2 of the abutting abandoned 16' alley as shown on the plat of Hofman Addition of Delray. Attachment: * Letter from owner Location map ACURA of delray beach City of Delray Beach March 3, 1992 Director of Planning & Zoning 100 Northwest 1st Avenue Delray Beach, Florida 33444 ATTN: David Kovacs Dear Mr. Kovacs, I, Robert A. Leo owner of Acura of Delray Beach, request that a hearing be set up by the Special Adjustment Advisory Board to review an inapproriate or inadvertantly changed zoning designator for the east half of my Acura Dealership located at 655 Northeast 6th Avenue Delray Beach, FI. 33483. It is my understanding that with the adoption of the L.D.R.'s in October 1990 my property was given a R.M. zoning designation. At that time my property was being utilized for parking for my dealership and therefore would have been more appropriatly zoned C.F. Please contact me as to when this meeting will be held and if I may be of any assistance beforehand please do not hesitate to contact me. Owner ~ 655 Northeast 6th Avenue, U,S, Highway One · Delray Beach, Florida 33483 · 4071265-(XX)0 · FAx 407i243-3632 ~ ST WITHE -OON LN ~., ADD. ST (8-40 LN ~ ,(22- 24) ST YAT~ ~ NE 7t~ ,, e CO-OP ruNE : OF TEaR ~ NE ~h ST ~ NE~6th-- ~ST ~ ~ , / , (e-4o) ,/ / :HAL ER NE 4th ST MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER .: SUBJECT: AGENDA ITEM # /~ ;~ - MEETING OF MARCH 24, 1992 QRDINANCE NQ, 12-92 DATE: March 20, 1992 This is a first reading of an ordinance correcting the zoning classification from RM (Medium Density Residential) district to CF (Community Facilities) district, for the Acura Dealership located on the west side of N.E. 7th Avenue between N.E. 6th and 7th Streets; and correcting the Official Zoning Map. This property was original zoned RM-10 (Multiple Family Dwelling District) in part and SC (Specialized Commercial) in part. On August 26, 1986 the City Commission approved a conditional use request for the Acura Dealership which provided for the use of the east half of the site (RM-10) for employee/customer off-street parking and the west half of the site (SC) for automotive sales and associated uses. With the adoption of the Land Development Regulations, the zoning designations were changed from SC to AC (Automotive Commercial) and RM-10 to RM (Medium Density Residential). The RM zoning designation does not allow off street parking as a conditional use. During analysis of the LDR rezoning action the approved conditional use for parking was inadvertently overlooked. Had this information been available a more appropriate zoning designation would have been affixed to this property. Correction of the zoning to CF is therefore appropriate. 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. 12-92 on first reading.