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60-91 ORDINANCE NO. 60-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF N.W. 4TH STREET, LYING WESTERLY OF AND ADJACENT TO THE CASON UNITED METHODIST CHURCH FACILITY, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM R-lA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; 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 R-lA (Single Family Residential) 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 Regula- tions 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 classification 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 1 through 6, inclusive, Block 41, Plat of the Subdivision of Block 41, of the City of Delray Beach, Florida, recorded in Plat Book 5, Page 65, in the Public Records of Palm Beach County, Florida, less the North 10.00 feet of said Lot 1, Block 41. The same being described according to the City of Delray Beach Resolution No. 1463, for a road right-of-way easement; and, that portion of Northwest Second Avenue bounded on the north by Northwest Fourth Street and bounded on the south by an easterly projection of the south lot line of Lot 6, Block 41, Plat of the Subdivision of Block 41, of the City of Delray Beach, Florida, recorded in Plat Book 5, Page 65, in the Public Records of Palm Beach County, Florida. The same being described according to City of Delray Beach Resolution No. 1463, vacating and discontinuing said portion of Northwest Second Avenue. 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 i~e- diately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 10th day of September , 1991. ATTEST: First Reading August 27~ 1991 Second Reading September 10, 1991 -2- Ord. No. 60-91 H.W. SE*~£HTH ST, 8TH '. CASON ~ODIST C~RCH LYNN ll[V*ERLY DRIVE I .... ! N.W. ST. N.£. t. N.'#. SRD ST. N,~. '~ I I A PUBLIC HIF. J~II~ wi Ix Imld BOCA RATON NEWS ~ ~ ~ c~ ~ ~ BOYNTON ~EACH NEWS ~z. ~ ~ ~,. ~ Published Daily Monday t~ru Sunday ~ ~ ~ o~, o~ Boca Raton. Palm Beach County. Florida C~AP~ER ~ONS~ Delray Beach Palm Beach County, Florida 'A~TIVE C~RC)A~ ' D~STRtC~, SUBSECTI~ ~.4.~O), ~ONDITI~AL USES AND STRUC- TURES A~OWE~, ~ THE STATZ OF F~ORIDA THE COOE OR OROINANCES OF THE CITY ~ ~L~Y COUNTY OF PALM g~ACH SU~SUBSE~I~ ~10(O)(I) TO PROVI~ FOR Before the tlndersJ~ned authority personally P,nK,~ ~OU~'COND"'~ U~; PR~IDI~ A appeared NANCY WATT who on oath says that she ~usE; P~IDING A Raton News and the Delray Beach News, dally ~ OO~t~, ~OF~d~; that t~ ~tt~c~ ~o~y of I~CH, FLOnlOA, aE2ONmG P~CING ~ND PRESENtlY ~d~Ft~t W~S ~~ ~ S~ ~W~r)~FS ZONED ~ (~NNEO ~R- CI~L~ DISTRICT IN ~ i~ t~ 1S~S O[: (p~E~I~AL AND OF~ICE DI~ ~R~T); ~0 ~ND BEING ~0~5 1P~ ~, ~ ~E ~BL~C ~ECO~ THR~GH ~ INCLUSIYE, ~S5 THE OF PA~ B~CH W~ST ~ F~T ST RO~O ~ t ~; AND ~NDI~ ~ONfNG DI~ ~ AND ADJkCENT THERETO, FL~I~, I~; PROVIDINGA ~lJ J SLiK 24, DEL.RATON PARK, T~  GETHER WITH LOTS ~ THROUGH INCLUSIVE, LESS THE WEST ·~IDIK A ~VIK C~USE; ~ET ST R~ ~ ~D M F~T ~lOl~kg EFFECTIVE CATE. ~ ~ 1 ~ t, ~v~, TIlE Z~I~ C~IFICAT~0N FOR Affiant further says that the said Boca Raton News and Delray Beach ~ews are newspapers p~b- ~cu~ lished at Boca Raton, in said Palm Beach County. Florida, Monday through SunQay, and have been ~u~ entered as second class matter at the post office in ~,~p FL~S~ ~OC~ ~0~, ~lm ~ch OOUlILy, Florida, [o~ a pc- GENE~ REPEALER CLAUSE, rlod of one year next precedin~ the first publioa- ~Ia~ANEFFE~IVE~TE. tlon of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any dis- count, rebate, commissiot~ or refund for the pose of securing this advertisement for publication in said newspapers. Sworn to and subscribed before me this 0 ,,ay of^.0., \ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM ~ ~O~ - MEETING OF SEPTEMBER 10, 1991 ORDINANCE NO. 60-91 DATE: September 6, 1991 This is a second reading of an ordinance correcting the zoning classification for a parcel of land located on the south side of N.W. 4th Street, adjacent to the Cason United Methodist Church facility from R-iA (Single Family Residential) district to CF (Community Facilities) District and correcting the Official Zoning Map. Previously, the Church had requested that the church property be zoned to CF. Apparently, during that process, the legal descriptions for these lots were inadvertently omitted and thus, this property was retained as R-lA. Recommend approval of Ordinance No. 60-91 on second and final reading. w% · ORDINANCE NO. 60-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF N.W. 4TH STREET, LYING WESTERLY OF AND ADJACENT TO THE CASON UNITED METHODIST CHURCH FACILITY, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM R-lA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; 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 R-lA (Single Family Residential) 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 Regula- tions 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 classification 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 1 through 6, inclusive, Block 41, Plat of the Subdivision of Block 41, of the City of Delray Beach, Florida, recorded in Plat Book 5, Page 65, in the Public Records of Palm Beach County, Florida, less the North 10.00 feet of said Lot 1, Block 41. The same being described according to the City of Delray Beach Resolution No. 1463, for a road right-of-way easement; and, that portion of Northwest Second Avenue bounded on the north by Northwest Fourth Street and bounded on the south by an easterly projection of the south lot line of Lot 6, Block 41, Plat of the Subdivision of Block 41, of the City of Delray Beach, Florida, recorded in Plat Book 5, Page 65, in the Public Records of Palm Beach County, Florida. The same being described according to City of Delray Beach Resolution No. 1463, vacating and discontinuing said portion of Northwest Second Avenue. 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 imme- diately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1991. MAYOR ATTEST: City Clerk First Reading Second Reading · -2- Ord. No. 60-91 ( Il J'-; L. Il N.Wo SEVENTH ST. k,.. 8TH : CASON ~-~FHODIST CHURCH LYNN BEVERLY DRIVE H.W, ST. N.£. N.W. 3RD ST. N..E. CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER FROM: PAUL DORLING, PLANNER I~~ RE: MEETING OF AUGUST 27, 1991 CORRECTION ORDINANCE~ ZONING MAP - CASON UNITED METHODIST CHURCH ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance correcting the official Zoning Map. BACKGROUND: This possible error in the official Zoning Map has come to the attention of Ci~.~_f~c~l~hthrough correspondence from Paul J. Steele, Chairpe~_on_~~nited Methodist Church. A request was made for consideration of special relief pursuant to Section 2.4.7(F)(2). The Special Advisory Board will meet on August 27, 1991 and determine if the zoning was not changed to the requested designation in error. The normal sequence of events is the Special Advisory Board would meet and by unanimous vote place this item before the City Commission. However, given the Sunset Clause provision of Section 2.4.7(F)(2)(d) of September 1, 1991 and the recent identification it was prudent to place this item before the Commission pending the Special Advisory Board Meeting of August 27, 1991. ANALYSIS: During review of the Citywide zoning changes effective October 1, 1990 a representative of the Cason United Methodist Church met with City officials and attended the Planning and Zoning Board and City Commission hearings. At these meetings a request to have the church property zoned to CF was discussed and ultimately assigned to the portion of property on which the church sits. Apparently, in assigning the CF zoning designation no legal description of the churches holdings was reviewed and Lots 1-6 Block 41 owned by the church since 1963 were retained as R-lA instead of combined with the balance of the church site. City Commission Documentation Correction Ordinance, Zoning Map - Cason United Methodist Church Page 2 PLANNING AND ZONING BOARD CONSIDERATION: Since this item is being considered under the special relief provision of the LDRs and pertains to the inadvertent or inappropriate nature of the action, the Planning and Zoning Board is not involved. RECOMMENDED ACTIONS: A recommendation will be provided at the City Commission meeting based on the findings of the Special Advisory Board meeting of August 27, 1991. Attachments: * August 21, 1991 Letter from Mr. Paul J. Steele * Zoning Map PD/#42/CCCASON.TXT Cason Uaited Methodist ChUrch 342 North Swinton Avenue Delray Beach, Flodda 33444 (4O7) August 21, 1991 P~tor Roan H. Finch Associa~P~qtor Mr. David Kovacs, Planning Director Alan S. Brcws~r City of Delray Beach 100 NW 1st Avenue -~torofl,ay Ministries Delray Beach, F1. 33444 Patti-ann IIo~ins Min~r of Music RE: 1. Letter from Jasmine Allen re: Conditional llradlcyl.$~v~ Use Modification for Cason United Methodist Church. Youth Pastnr Rick qhompson 2. Land Development Regulation hearings June, July and August 1990. Dear David: i am in receipt of a letter from Jasmine Allen of your office dated August 20, 1991 regarding item one above. This letter was written as a result of Cason United Methodist Church's application for expansion of its facility. The two issues at hand are zoning of the church property and the operation of the child care facility by the church. ZONING Reference is made to my personal meetings with you, planning and zoning hearings and city commission hearings during the months of June, July and August 1990 regarding the zoning of the church property and the church's plans for expansion of its facilities and the effect the new land development regulations of the city would have on the church site. It was agreed to by planning and zoning and approved by the city commission that the church site be zoned CF (Gommunity Facility) and that the site would not be part of the historic preservation district. Evidently the legal description of the church property was .not reviewed and the six lots (Lots i thru 6, Block 41) in the western sector of the site remained zoned R-lA while the rest of the church property wa~ zoned CF (Community Facility). These lots have been owned by the church since 1963. Now that the church is in it's expansion plans, today's letter indicates we must apply to have the property rezoned thus causing delays and additional cost to the church. Mr David Kovacs, City Planner City of Delray Beach Page 2 Et is my understanding from talking with Jasmine that there ia relief and the Special Adjustment Advisory Board can recommend to the City Commission corrective action to correct th~ zoning. It is also my understanding that this has to be accomplished before the sunset date of Sept. 1, 1991. ..... ~,~i.~ I discussed this matter with Bob Barcinski. Assistant City Manager, today and verbally requested this be a City Commission agenda item for August 27, 1991. This letter is a formal written request to correct the zoning of the total church parcel to CF (Community Facility) zoning which was the original intent of our request during the land development regulation hearings. CHILD CARE FACILITY The letter also indicates that the child care facility which has been operated by the church since 1986 never received approval from the city. , I discussed this matter with some of the individuals involved at the time of origination and I was advised that we worked directly with the staff of the city to make sure the facility was in compliance and would not be in violation of city codes. In particular Mel Pendergraft's name was mentioned. The church obtained occupational licenses for the child care facility from the initial date and has done so each year since. Also, we are inspected regularly by Larry Garito of the fire department for compliance. A review this date with Jasmine of the old zoning codes at the time the day care was established shows that "Churches or places of worship and their attendant educational, child ~K~, recreational and columbarium facilities" was a conditional use of the zoning. Since the church has been on the site since 1969 it appears that zoning was not an issue at the time of establishment of the child care program but rather a city staff approval process to make sure codes were complied with. It does not seem to me that the city would issue an occupational license for operation of the child care program without the proper approval process being complied with at that time. I feel that the church has always been in compliance with city zoning codes and a conditional use application should not be necessary. Mr David Kovacs, City Planner City of Delray Beach Page 3 Also, if my interpretation of the letter of August 20, 1991 im correct if the total church site has a CF (Community Facility) zoning classification this application would not be necessary. This letter is a formal request that the city not require this conditional use modification application. REVIEW I feel as the Chairman of the Board of Trustees of Cason United Methodist Church that we made a diligent and responsible representation to the City during the land development regulation process of the church's intent on its zoning request and the uses the church provides and intends to provide to the City of Delray Beach. It ia respectfully requested that the Special Adjustment Advisory Board and the City Commission respond favorably with corrective action upon this request for proper zoning and conditional use .modification as outlined. Thank your for your consideration. Sincerely yours, Chairperson Board of Trustee~ cc: Jasmine Allen City Manager~ Office City Commission ...... "CITY OF 'DELRAY-BEACH ............. '=:-':'"- '., L,CE.SE .O.' OCCUPATIONAL LICENSE , ..... .... 0 ~' ! 1985~.1gf~6 ', OWNER WEE CARE AT CASON .............. DATE mSSUEUs/ 2 7/ 86-- CONTROL NO. , ................. ~ [ O~.~O '~' ...... ~ ............... .? LICENSE FEE. ~A~ [ S ', BUSINESS NAME // .... DELINQUENT C~G~..,: := :~ WEE CARE AT' CASCN ' ~- .u~ , LOCATION ' '  TRANSFER FEE ~ NO. 5~INTON AVE. . .OO .: / [ TOTA~ AMOUNT PAID ] CLASSiFiCATION ~ · 0 0 ~CHOOL$-OV~P; 15' PUPIL5 ~ UCENSE~SSUEDFORTHEPER~O0 ~o~ '~8 5 ~o S~]E~. ~ ~EE CA~E. AT CASUN 3~2 ND. S~INTON AVE, LICENSE MUS~BE CONSPICUOUSLY DISPLAYED DELRAY [3EACHe FL 334~4 TO PUBLIC VIEW AT BUSINESS LOCATION NOTICE: This license becomes NULL and VOID if ownership, business name, or address is changed. Licensee must apply to License Deparlmenl for Transfer. The mistaken issuance of a license shall not be deemed to be a waiver of any provision o! the City Code nor shall the issuance of a license be construed to be a judgement of the City as to the competence of the applicant to transact the licensed business. 8~, FL~I~ C~l~ ED ~ U.E. ITH AVEN~L PART~CU~RLY ~KR~IED HEREIN, F~ ~ ~G~ C~lCl~ ~ICT TO (AUTO RE~TED ~ICS~ Ol~ll~: A~ ~ON(~ ~P ~ ~LRAY ~EACH. F~ORI~ I~; PROVIDI~ GENE~L RE~LER C~U~. AN ORDI~KE ~ THE MI~M ~ THE CI~ A PARCEL ~ ~ L~D THE ~H Sl~ STREW, ~YI~ ~TE~LY ANO AD.CENT TO THE UilTED MET~ST CHU~ CILI~, ~ ~E PARTICU~T ~IIED HEREIN, F~ ~-~ (Sl~ FMiLY RESI~I~) DiSTRI~ TO ~ (~NI~ CILITI~) Ol~; VI01N A ~ Cl~ ~ ~ ORDI~ ~ T~ C~ ~ Ml~l~ M ~ CI~ M ~Y ~l~:Mg,~ I~CH, F~ ~ THE ~ ~T~ U~S AND STRK. ~ & ~L~T~ PAI~ T~ ~ Wl~ ~TS 6 m~ ~ I~IVE, ~ THE WT MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM #/~ ~- MEETING OF AUGUST 27, 1991 ORDINANCE NO. 60-91 DATE: AUGUST 22, 1991 This is a first reading of an ordinance correcting the zoning classification for a parcel of land located on the south side of N.W. 4th Street, adjacent to the Cason United Methodist Church facility from R-lA (Single Family Residential) District to CF (Community Facilities) District and correcting the Official Zoning Map. Previously, the Church had requested that the church property be zoned to CF. Apparently, during that process, the legal descriptions for those lots were inadvertently omitted and thus, that property was retained as R-lA. The Special Adjustment Advisory Board will meet on Tuesday, August 27th, to determine if the zoning was not changed to the requested designation in error. A recommendation will be provided at your meeting. Recommend approval of Ordinance No. 60-91 on first reading, subject to a favorable determination by the Special Adjustment Advisory Board. CITY COMM I S S I ON DOCUMENTAT I ON TO: DAVID T. HARDEN, CITY MANAGER FROM: PAUL DORLING, PLANNER RE: MEETING OF AUGUST 27, 1991 CORRECTION ORDINANCEr ZONING MAP - CASON UNITED METHODIST CHURCH ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance correcting the official Zoning Map. BACKGROUND: This possible error in the official Zoning Map has come to the attention of City~o~f~cial~ through correspondence from Paul J. Steele, Chairpe~F6h~ ~~nited Methodist Church. A request was made for consideration of special relief pursuant to Section 2.4.7(F)(2). The Special Advisory Board will meet on August 27, 1991 and determine if the zoning was not changed to the requested designation in error. The normal sequence of events is the Special Advisory Board would meet and by unanimous vote place this item before the City Commission. However, given the Sunset Clause provision of Section 2.4.7(F)(2)(d) of September 1, 1991 and the recent identification it was prudent to place this item before the Commission pending the Special Advisory Board Meeting of August 27, 1991. ANALYSIS: During review of the Citywide zoning changes effective October 1, 1990 a representative of the Cason United Methodist Church met with City officials and attended the Planning and Zoning Board and City Commission hearings. At these meetings a request to have the church property zoned to CF was discussed and ultimately assigned to the portion of property on which the church sits. Apparently, in assigning the CF zoning designation no legal description of the churches holdings was reviewed and Lots 1-6 Block 41 owned by the church since 1963 were retained as R-lA instead of combined with the balance of the church site. City Commission Documentation Correction Ordinance, Zoning Map - Cason United Methodist Church Page 2 PLANNING AND ZONING BOARD CONSIDERATION: Since this item is being considered under the special relief provision of the LDRs and pertains to the inadvertent or inappropriate nature of the action, the Planning and Zoning Board is not involved. RECOMMENDED ACTIONS: A recommendation will be provided at the City Commission meeting based on the findings of the Special Advisory Board meeting of August 27, 1991. Attachments: * August 21, 1991 Letter from Mr. Paul J. Steele * Zoning Map PD/#42/CCCASON.TXT Cason United Methodist Church 342 North Swinton Avenue Delray Beacl~ FloOds 33~4 (~07) 276°5302 Auguet 21, 1991 P~tor Ro~n It. Finch Mr. David Kovacs, Planning Director A~sociate P~tor .~nS.B,~ws~, City of Delray Beach 100 NW 1st Avenue ectorofl,ayMinistrles Delray Beach, Fl. 33444 Patti-ann IIo~ins Min~rofMusic RE: 1. Letter from Jasmine Allen re: Conditional BradlcyJ. Stevcns Use Modification for Cason United Methodist Church. Youth Pastor Rickqhomps0n 2. Land Development Regulation hearings June, July and August 1990. Dear David: I am in receipt of a letter from Jasmine Allen of your office dated August 20, 1991 regarding item one above. This letter was written as a result of Cason United Methodist Church's application for expsnsion of its facility. The two issues at hand are zoning of the church property and the operation of the child care facility by the church. ZONING Reference is made to my personal meetings with you, planning and zoning hearings and city commission hearings during the months of June, July and August 1990 regarding the zoning of the church property and the church's plans for expansion of its facilities and the effect the new land development regulations of the city would have on the church site. It was agreed to by planning and zoning and approved by the city commission that the church site be zoned OF (Community Facility) and that the site would not be part of the historic preservation district. Evidently the legal description of the church property was .not reviewed and the six lots (Lots I thru 6, Block 41) in the western sector of the site remained zoned R-la while the rest of the church property was zoned CF (Community Facility). These lots have been owned by the church since 1963. Now that the church is in it's expansion plsns, today's letter indicates we must apply to have the property rezoned thus causing delays and additional cost to the church. Mr David Kovacs, City Planner City of Delray Beach ' Page 2 it is my understanding from talking with Jasmine that ther'e is relief and the Special Adjustment Advisory Board can recommend to the City Commission corrective action to correct the zoning. It is also my understanding that this has to be accosp!tshed before the sunset date of Sept. 1, 1991. **-'~.,~*,~,.~i< I discussed this matter with Bob Barctnskt, Assistant City Manager, today and verbally requested this be a City Commission agenda item for August 27, 1991. This letter is a formal written request to correct the zoning of the total church parcel to CF (Community Facility) zoning which was the original intent of our request during the land development regulation hearings. CHILD CARE FACILITY The letter also indicates that the child care facility which has been operated by the church since 1986 never received approval from the city. , I discussed this matter with some of the individuals involved at the time of origination and I was advised that we worked directly with the staff of the city to make sure the facility wes in compliance and would not be in violation of city codes. In particular Mel Pendergraft's name was mentioned. The church obtained occupational licenses for the child care facility from the initial date and has done so each year since. Also, we are inspected regularly by Larry Garito of the fire department for compliance. A review this date with Jasmine of the old zoning codes at the time the day care was established shows that "Churches or places of worship and their attendant educational, child ~E~, recreational and columbarium facilities" was a conditional uae of the zoning. Since the church has been on the site since 1969 it appears that zoning was not an issue at the time of establishment of the child care program but rather a city staff approval process to make sure codes were complied with. It does not seem to me that the city would issue sn occupational license for operation of the child care program without the proper approval process being complied with at that time. I feel that the church has always been in compliance with city zoning codes and s conditional use application should not be necessary. Mr David Kovecs, City Planner City of Delrey Beech Also, if my interpretation of the letter of August 20, 1991 is correct if the total church site has e CF (Community Facility) zoning classification this application would not be necessary. This letter is e formal request that the city not require this conditional use modification application. REVIEW I feel es the Chairmen of the Board of Trustees of Cason United Methodist Church that we made e diligent and responsible representation to the City during the land development regulation process of the church's intent on its zoning request end the uses the church provides end intends to provide to the City of Delrey Beech. It is respectfully requested that the Special Adjustment Advisory Board and the City Commission respond favorably with corrective action upon this request for proper zoning end conditional use .modification es outlined. Thank your for your consideration. Sincerely yours, Chairperson Board of Trustees cc: Jasmine Allen City Managers Office City Commission ........................... CITY' OF DE-LRAY- BEACH LICENSE NO. OCCUPATIONAL LICENSE ' 0 1985-1gB6 "NEW OWNER ' WEE CARE AT CASON ........... DATEI$SUEus/2?/I]e'-- OONTROL NO. . ....... [J [ 01~.~l.j ........ 1 ..... .., LICENSE FEE C~AT BUSINESS NAME . D ELI NQU E N~T...C_HJG WEE CARE AT CASCh LOCATION 3q2 NO. SI~INTON AVF.. / TOTAL AMOUNT PAID CLASSIFICATION f[ %% .~ CHOOL$-OV crF [5 PUP I L 5 ~, LICENSE ISSUED FOR THE PERIOD 14EE (~A~,~. AT (;ASL1N LICENSE MUS'I;,.BE CONSPICUOUSLY DISPLAYED 3~2 NO. SW[14TON OELRAY [~EACHt FL 3]z~z~ TO PUBLIC VIEW AT BUSINESS LOCATION NOTICE: This license becomes NULL and VOID if ownership, business name, or address is changed. Licensee must apply to License Department for Transfer. The misfaken issuance of a license shall not be deemed to be a waiver of any provision of the City Code nor shall the issuance of a license be construed to be a judgement of the City as to the competence of the applicant to transact the licensed business. IICYF..R. LY DRI¥[ J .! ORDINANCE NO. 60-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF N.W. 4TH STREET, LYING WESTERLY OF AND ADJACENT TO THE CASON UNITED METHODIST CHURCH FACILITY, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM R-lA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; 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 R-lA (Single Family Residential) 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 Regula- tions 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 classification 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 1 through 6, inclusive, Block 41, Plat of the Subdivision of Block 41, of the City of Delray Beach, Florida, recorded in Plat Book 5, Page 65, in the Public Records of Palm Beach County, Florida, less the North 10.00 feet of said Lot 1, Block 41. The same being described according to the City of Delray Beach Resolution No. 1463, for a road right-of-way easement; and, that portion of Northwest Second Avenue bounded on the north by Northwest Fourth Street and bounded on the south by an easterly projection of the south lot line of Lot 6, Block 41, Plat of the Subdivision of Block 41, of the City of Delray Beach, Florida, recorded in Plat Book 5, Page 65, in the Public Records of Palm Beach County, Florida. The same being described according to City of Delray Beach Resolution No. 1463, vacating and discontinuing said portion of Northwest Second Avenue. 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 imme- diately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1991. MAYOR ATTE S T: City Clerk First Reading Second Reading -2- Ord. No. 60-91 MEMORANDUM TO: ALISON MACGREGOR HARTY, CITY CLERK FROM: PLANNING AND ZONING DEPARTMENT RE: REQUEST FOR ORDINANCE PREPARATION FOR THE CITY COMMISSION MEETING OF AUGUST 27, 1991 DATE: AUGUST 22, 1991 The following item is scheduled for first reading at the City Commission meeting of August 27, 1991. Please prepare the appropriate ordinance. The City Commission documentations are attached for background and information. Re: CASON UNITED METHODIST CHURCH The legal description is: Lots 1 through 6, Block 41, Plat of the Subdivision of BlOck 41, of the City of Delray Beach, Florida, recorded in PLat Book 5, Page 65, in the Public Records of Palm Beach County, Florida, less the North 10.00 feet of said Lot 1, Block 41. The same being described according to the City of Delray Beach Resolution No. 1463, for a road Right-of-way easement, and That portion of Northwest Second Avenue bounded on the North by Northwest Fourth Street and Bounded on the South by an Easterly projection of the South Lot line of Lot 6, Block 41, Plat of the subdivision o~ Block 41, of the City of Delray Beach, Florida, recorded in Plat Book 5, Page 65, in the Public records of Palm Beach County, Florida. The same being described according to City of Delray Resolution No 1463, Vacating and discontinuing said portion of Northwest Second Avenue. CURRENT ZONING - R-IA (SINGLE FAMILY RESIDENTIAL) PROPOSED ZONING - CF (COMMUNITY FACILITIES) Thanks. Jasmin Allen