40-92 ORDINANCE NO. 40-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED MIC (MIXED INDUSTRIAL AND COMMERCIAL)
DISTRICT, IN PART, AND GC (GENERAL COMMERCIAL)
DISTRICT, IN PART, IN MIC (MIXED INDUSTRIAL AND
COMMERCIAL) DISTRICT; SAID LAND IS LOCATED ON THE
SOUTH AND NORTH SIDES OF WEST ATLANTIC AVENUE, BETWEEN
1-95 AND CONGRESS AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP,
DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the MIC (Mixed
Industrial and Commercial) District as defined in Chapter Four of the
Land Development Regulations of Delray Beach, Florida, to-wit:
That parcel of land lying south of SR 806, of the W
1/2 of E 1/2 of NE 1/4 of SE 1/4, of E 1/2 of NW 1/4
of NE 1/4 of SE 1/4, & E 70 feet of SW 1/4 of NE 1/4
of SE 1/4 south of Old Atlantic Avenue (Less 1-95 R/W)
& that part of abandoned Old Atlantic Avenue lying
north of and adjacent to, all lying west of RY R/W,
Section 18, Township 46 South, Range 43 East.
Together with:
That portion of right-of-way for N.W. 18th Avenue
zoned GC (General Commercial) District lying north of
SR 806.
The subject property is located on the south and north
sides of West Atlantic Avenue, between 1-95 and
Congress Avenue, Delray Beach, Florida.
The above-described south parcel contains 0.562 acres
of land, more or less and the above-described north
parcel contains 0.557 acres of land, more or less.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or pa~ts 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conflict herewith be, and the same are hereby repealed.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 this the 8th day of
September , 1992.
ATTEST:
~ity C~rk
First Reading August 25, 1992
Second Reading ~eptember 8, 1992
Id.W. 2NO ST.
RI'ZONINGS
FROM "GC" TO "MIC"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~6) O - MEETING OF SEPTEMBER 8, 1992
ORDINANCE NO. 40-92
DATE: September 4, 1992
This is the second reading of an ordinance rezoning and placing land
presently zoned MIC (Mixed Industrial and Commercial) district, in
part, and GC (General Commercial) district, in part, in MIC
(Mixed Industrial and Commercial) district; said land being located
on the south and north sides of West Atlantic Avenue between 1-95 and
Congress Avenue.
The rezoning proposed is corrective in nature and is necessary to
provide consistency between the current land use, Future Land Use Map
Designation and the zoning classification.
The Planning and Zoning Board at their August 17th meeting
recommended approval of the rezoning by a 4-1 vote. A detailed staff
report is attached as backup material for this item.
Recommend approval of Ordinance No. 40-92 on second and final
reading.
CITY COMMISSION DOCUMENTATION
TO: //~DT. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
,
FROM: ~/ANET MEEKS, PLANNER II
SUBJECT: ~MEETING OF AUGUST 25, 1992
REZONING OF TWO PARCELS OF LAND FROM GC
(GENERAL COMMERCIAL) TO MIC (MIXED INDUSTRIAL AND
COMMERCIAL)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of rezoning two parcels of land from GC (General
Commercial) to MIC (Mixed Industrial and Commercial).
The properties are located along the north and south sides of
Atlantic Avenue, west of 1-95 and CSX railroad, east of
Congress Avenue.
BACKGROUND:
In September 1991, the Advance Planning Division conducted an
analysis which compared the Future Land Use Map with the Zoning
Map. The purpose of this analysis was to determine if there were
any outstanding inconsistencies between the current zoning and
future land use designations.
As a result of this analysis, the item contained herein was
discovered. The rezoning proposed is corrective in nature, to
accomplish consistency between the existing use on the property,
the Future Land Use Map designation, and the zoning
classification.
On July 28, 1992, the City Commission initiated this rezoning
along with several others relating to inconsistencies between the
two maps.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of August 17, 1992. The Board recommended approval of
the rezoning on 4-1 vote (Kellerman dissenting, 2 members
absent).
City Commission Documentation
Rezoning of parcels located north and south of Atlantic Avenue,
east of Congress Avenue.
Page 2
RECOMMENDED ACTION:
By motion, approve this ordinance on first reading to rezone the
subject parcels from GC (General Commercial) to MIC (Mixed
Industrial and Commercial).
Attachment:
* P&Z Staff Report
PLANNING & ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE: August 17, 1992
AGENDA ITEM: III.B.3.
ITEM: Rezoning from GC to MIC for Parcels of Lands Located on the North & South sides of
West Atlantic Avenue: West of the CSX Railroad
GENERAL DATA:
Owner ................ South Parcel: Rinker Materials Corporation
North Parcel: Road Right-of-way
Location ........................... On the south and north sides
of Atlantlc Avenue between
1-95 and Congress Avenue.
Property Slze ........ South Parcel= 0.562 acres
North Parcel: 0.55? acres
City Land Use Plan ................. Commerce
Existing Zoning .................... GC {General Commercial)
Proposed Zoning .................... MIC {Mixed Industrial and
Commercial)
Adjacent Zoning ............. North= MIC and GC
East: 1-95
South= MIC and CD (Conservation
District)
West= MIC and GC
Existing Land Use .... South Parcel: OffIce building for a
concrete manufacturer.
North Parcel: Road Right-of-way.
Proposed Land Use .................. None
Water Service ...................... Existing 12" water main in
Atlantic Avenue and ex/sting
10' water main in Old Atlantic
Avenue.
III.B.3.
Sewer Servlce ...................... No service to the site. Nearest
service is a 20" force main in
Conoress Avenue.
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation on a
City initiated rezoning from GC (General Commercial) to MIC (Mixed
Industrial and Commercial).
The subject properties are located along the north and south
sides of Atlantic Avenue, west of 1-95 and the C.S.X. railroad,
and east of Congress Avenue.
BACKGROUND :
In September, 1991, the Advance Planning Division conducted an
analysis which compared the Future Land Use Map with the Zoning
Map. The purpose of this analysis was to determine if there were
any outstanding inconsistencies between the current zoning and
future land use designations.
As a result of this analysis, the item contained herein was
discovered. The rezoning proposed is corrective in nature, to
accomplish consistency between the existing use on the property,
the Future Land Use Map des ignat ion, and the zoning
classification.
PROJECT DESCRIPTION:
The parcel on the north side consists of the right-of-way along
Atlantic Avenue, and the access road (N.W. 18th Avenue) into an
industrial park area. There is no development on the parcel, nor
is there any potential for future development.
The parcel on the south side of Atlantic Avenue is part of the
Rinker concrete plant and is used for storage of building
materials. The balance of the Rinker site is zoned MIC (Mixed
Industrial and Commercial) and is in common ownership with the
subject property.
Current zoning on both parcels is GC (General Commercial), which
is not accommodated under the Commerce land use classification.
The zoning to the north, east, south, and immediate west is MIC.
ZONING ANALYSIS ~
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the application,
the Staff Report or Minutes. findings shall be made by the
body which has the authority to approve or deny the
development application. These findings relate to the
following four areas:
P&Z Staff Report
Rezoning of Item #7
Page 2
Future Land Use MaD= The use struotures must be allowed in the
zoning district and the zoning district must be consistent with
the land use designation.
The current zoning for both parcels is GC (General Commercial),
which is not consistent with the Commerce Land Use designation.
Pursuant to Section 4.4.19(A), the MIC district is to be located
in areas designated for the primary use - industry and commerce -
as shown on the future land use Map. Therefore the proposed
zoning of MIC would be consistent with the existing commerce land
use designation.
Concurrenc¥~ Facilities which are provided by, or through the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall be
provided pursuant to levels of service established within the
Comprehensive Plan.
There is no development on the parcels nor is there any potential
for future development. Therefore, the change in zoning would
not impact the level of service standards.
Consistency= Compliance with the performance standards set forth
in Section 3.3.2, along with the required findings in Section
2.4.5, shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found
in the comprehensive Plan may be used in making a finding of
overall consistency.
Section 3.3.2~ Standards for Rezoning Actions= There are four
standards for evaluating rezoning request. These four standards
are:
1. That a rezoning to other than CF within stable
residential area shall be denied;
2. Affordable housing for moderate and middle income
families, particularly first time home buyers, may be
achieved through increases in density when ...;
3. Additional strip commercial zoning on vacant properties
shall be avoided...; and,
4. That the rezoning shall result in allowing land uses
which are deemed compatible with adjacent and nearby
land use both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations
exist to properly mitigate adverse impacts from the new
use.
P&Z Staff Report
Rezontng of Item #7
Page 3
Standards 1,2, and 3 are not applicable to this request.
Regarding Standard #4, the rezoning will result in allowing land
uses which are compatible with adjacent and nearby land uses.
The MIC zoning is consistent with the Commerce land use
designation.
LDR Compliance: Pursuant to Section 2.4.5 (D)(1), the City
Comm~ssion must make a finding that a rezoning fulfills at least
one of three valid reasons for approving a change in zoning.
These three reasons are:
1. That the zoning had previously been changed, or was
originally established, in error;
2. That there has been a change in circumstance which
makes the current zoning inappropriate;
3. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
The current zoning of GC (General Commercial) was established in
error. The GC zoning does not correspond with any property
lines, nor does it reflect the existing uses on the properties.
This error occurred due to an inaccurate base map. See attached
exhibits for a graphic description of this situation.
Neither of the sites has a development potential for a stand
alone general commercial use. The surrounding areas are zoned
MIC. The MIC zoning is more appropriate for the property than
the existing zoning of GC in that it is consistent with the
Future Land Use Map designation of Commerce.
ASSESSMENT:
The current zoning of General Commercial (GC) was established in
error, as the affected portion of the land should have been zoned
MIC with the balance of the surrounding land; the rezoning is
more appropriate for the property than the existing zoning in
that it is consistent with the Future Land use Map designation of
Commerce; and the rezoning will result in allowing land uses
which are compatible with the adjacent and nearby land uses.
P&Z Staff Report
Rezoning of Item #7
Page 4
ALTERNATIVES :
A. Continue with direction.
B. Recommend that the City Commission approve the rezoning from
GC (General Commercial ) to MIC (Mixed Industrial and
Commercial ).
C. Deny the rezoning with reasons stated.
RE COMMENDAT I ON ~
By Motion, recommend that the City Commission approve the rezoning
from GC (General Commercial) to MIC (Mixed Industrial and
Commercial ).
Attachment:
* Location Map
Jcm/Y:ITEM7
MIC
MIC
CD
PC CUPJ~NT ZONING
. M/C
MIC
I
MIC
CD
PC PROPOSED ZOHING
' MIC
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/~
4o-92
DATE: August 21, 1992
This is a first reading of an ordinance rezoning and placing land
presently zoned MIC (Mixed Industrial and Commercial) district, in
part, and GC (General Commercial) district, in part, in MIC (Mixed
Industrial and Commercial) district; said land being located on the
south and north sides of West Atlantic Avenue between 1-95 and
Congress Avenue.
The rezoning proposed is corrective in nature and is necessary to
provide consistency between the current land use, Future Land Use Map
Designation and the zoning classification.
The Planning and Zoning Board at their August 17th meeting
recommended approval of the rezoning by a 4-1 vote. A detailed staff
report is attached as backup material for this item.
Recommend approval of Ordinance No. 40-92 on first reading.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITeM # ~'~. - MEETING OF JULY 28. 1992
INITIATION OF CORRECTIVE REZONINGS
DATE: July 24, 1992
During the recent review of Future Land Use Map Amendments staff
discovered four parcel~ on which corrective zoning action is
required. This item is therefore, before, you for authorization to
initiate the necessary rezoning actions.
Parcel #1, the Master Booster Pump Station, is located at the
southwest corner of N.E. 4th Avenue and N.E. 3rd Street. This site
is currently zoned CBD (Central Business District); with an existing
use as an off-site parking lot. The proposed use of booster station
is not permitted under the CBD zoning regulations, therefore, a
change in zoning to CF (Community Facilities) is recommended.
Additionally, it should be noted that at this time the property is
not under City ownership. Second reading of the ordinance will be
deferred until the property is under the City's ownership.
Parcel #2, the right-of-way/access road and Rinker Frontage, is
located on the north and south sides of Atlantic Avenue, west of the
1-95 Interchange and S.C.L. Railroad. This site is currently zoned
GC (General Commercial) zone district which is inconsistent with the
land use designation of Commerce. Therefore, a change in zoning to
MIC (Mixed Industrial Commercial) is recommended.
Parcel #3, Single Family Home, is located at the southwest corner of
Brooks Lane and A-1-A. This site is currently RM (Medium Density
Residential) which is inconsistent with the land use designation of
Low Density Residential. Therefore, a change in zoning to R-1AA
(Single Family Residential) is recommended.
Parcel #4, Vacant Parcel, is located on Florida Boulevard,
immediately east of and adjacent to the Delray Plaza Shopping
Center. This site is currently zoned PC (Planned Commercial) zone
district which is inconsistent with the land use designation of
Transitional. Therefore, a change in zoning to RM (Medium Density
Residential) is recommended.
A detailed staff report is attached as backup material for this item.
Recommend authorization to initiate corrective rezonings for the
above parcels.
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
ACTION REQUESTED OF THE COMMISSION:
The action requested o.f the City Commission is that of
initiatinq a chanqe of zone on four parcels in various
locations throughout the City.
Three of the rezonings are necessary to provide consistency
between the Future Land Use Plan and the zoning
designations. The fourth action relates to the property
which is the future location of the Booster Master Pump
Station in the Central Business District. The four
properties are discussed in greater detail below, and are
illustrated in the attached location maps.
Item #l--Booster Master Pump Station
This property is located at the southwest corner of N.E. 4th
Avenue and N.E. 3rd Street and contains approximately .26 acres.
It is currently zoned CBD (Central Business District) and has a
land use designation of Commercial Core. The existing use is as
an off-site parking lot for the business located on the opposite
side of N.E. 4th Avenue. The proposed use is as a booster
station to replace the existing master lift station at Veteran's
Park. The proposed use is not permitted under the CBD zoning
regulations, therefore, a change of zone to CF (Community
Facilities) is required.
A site plan for the booster station has been accepted for
processing, but will not be formally approved until the CF
zoning is in effect. The City is currently in the process of
acquiring the property. While it is appropriate at this time to
initiate the rezoning action, the second reading of the
ordinance should be timed so that the rezoning does not take
effect until the property is under the City's ownership.
City Commission Documentation
Initiation of Rezoning
Page 2
Item #2--Right-of-Way/Access Road and Rinker Frontaqe~ North and
South Sides of Atlantic Avenue~ West of 1-95 and the S.C.L.
Railroad
The subject properties consist of right-of-way and an access
road leading into an industrial park, and an area fronting on
the south side of Atlantic Avenue on the Rinker concrete site.
The parcels are zoned GC ~General Commercial) and have a land
use designation of Commerce. The GC district is not an allowed
zoning under the Commerce land use designation, nor is it
consistent with the existing uses on the subject properties.
The GC zoning appears to have been placed on these properties in
error.
The surrounding properties are zoned MIC (Mixed Industrial and
Commercial), which is consistent with the Commerce land use. A
zoning designation of MIC is also appropriate for the subject
properties.
Item #3--Sinqle Family Homes~ Brooks Lane and A-1-A
This item evolved from consideration of Plan Amendment 92-1.
The subject property consists of Lot 40 of the Delray Beach
Shores plat and is located at the southwest corner of Brooks
Lane and A-1-A. It is currently zoned RM (Medium Density
Residential) and has a land use designation of Low Density
Residential. The property has been developed as three single
family homes.
The RM zoning is not consistent with the Low Density land use
classification. A zoning designation of R-1AA (Single Family
Residential) is appropriate for this property.
Item #4--Vacant Parcel East of Delray Plaza
The subject parcel consists of Lots 34 through 43 of Block 36 of
the Del Raton Park Plat. It is located on Florida Boulevard,
immediately east of and adjacent to the Delray Plaza shopping
center. The property is zoned PC (Planned Commercial) and has a
land use designation of Transitional. PC zoning is not
permitted under a Transitional land use designation. The
property is currently vacant.
In 1988, the City Commission denied a request for a Conditional
Use to develop this property as storage in conjunction with the
Delray Plaza. The surrounding uses consist primarily of
commercial developments to the south and west (fronting on
Federal Highway) and multi-family residential to the north and
east (fronting on Florida Blvd.). As this parcel fronts on
Florida Blvd., and could not easily be developed in conjunction
w~th-the Delray Plaza, it would be appropriate to change the
zoning to RM (Medium Density Residential), which is consistent
with a Transitional land use designation.
City Commission Documentation
Initiation of Rezoning
Page 3
RECOMMENDED ACTION:
By motion, initiate the following rezoning actions as applied to
Items 1 through 4 as described above and as depicted on the
attached location maps:
Item #1: A change of zone from CBD (Central Business District)
to CF (Community Facilities)
Item #2: A change of zone from GC (General Commercial) to MIC
(Mixed Industrial and Commercial)
Item #3: A change of zone from RM (Medium Den'sity Residential)
to R-1AA (Single Family Residential)
Item #4: A change of zone from PC (Planned Commercial) to RM
(Medium Density Residential)
Attachments:
* Location maps, Items 1-4
ITEM