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61-91 ORDINANCE NO. 61-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR LOTS t0 THRU 15, INCLUSIVE, BLOCK 8, RIO DEL REY, LOCATED AT THE NORTHWEST CORNER OF S.E. 10TH STREET AND S.E. 5TH AVENUE (SOUTHBOUND FEDERAL HIGHWAY) FROM GC (GENERAL COMMERCIAL) DISTRICT TO AC (AUTOMOBILE RELATED COMMERCIAL) 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 GC (Generall 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 may have been 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 classification thereof, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITYI OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delrayi Beach, Florida, dated October 1, 1990, be, and the same is hereby correcte~ to reflect a zoning classification of AC (Automobile Related Commercial)~ District for the following described property: Lots 10 thru 15, inclusive, Block 8, RIO DEL REY, as recorded in Plat Book 12, Page 84 of the Public Records of Palm Beach County, Florida. 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.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 immediatel~ upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading! on this the 24th day of September ATTEST: - ~ Cit~ O~rk ! · First Reading September ]~ Second Reading September 24~ MEMORANDUM ~D~ta)5 TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER'S, SUBGECT: AGENDA ITEM ~/~ ~ - MEETING OP SEPTEMBER 24, 1991 ORDINANCE NO. 61-91 DATE: September 20, 1991 This is a second reading of an ordinance correcting the zoning classification for a parcel of land located on the west side of Federal Highway at S.W. 10th Street (Wallace) from GC (General Commercial) to AC (Automotive Commercial) zone district and correcting the Official Zoning Map. The properties involved are Lots 10-15, Block 8, Rio Delray, more commonly described as the parking area used in conjunction with the former Wallace Nissan dealership. We have received correspondence from the owner's representative which asserts that when the change from the proposed (LDR) zoning map was considered, and approved, for the property to the east of this site, the action should have included these lots. Based upon documentation provided to the Special Adjustment Advisory Board, it was determined that the factual information did state that the request before the Commission included the subject lots. Thus, the item is forwarded for special consideration by the Commission. Additionally, the Board noted that there was apparent confusion at the Commission hearing and that had the subject property been specifically identified at the time of adoption of the zoning map, the Commission may have excluded it anyway. Thus, while the resulting action may have been inadvertent, it may not have been inappropriate. Lots 10-15 have an aggregate lot area of approximately .7 acres. The minimum lot area for vehicle sales, lease, or rentals is 1.5 acres. Thus, by rezoning these lots to AC, the permissible uses are limited to speciality auto service shops, vehicle repair, gasoline and service stations, and auto washes. There is not an ability to aggregate the property with adjacent parcels in order to reach the 1.5 acre minimum lot area requirement. Additionally, the development potential of the site will be severely limited by the proposed rezoning action (the site cannot be used in conjunction with the AC zoned property east of Fifth Avenue). In order to use the site for office or retail purposes (other than auto parts) rezoning to GC (General Commercial) will be required. Given the above situation and previous discussions at the City Commission meetings adopting the LDRs, staff believes that had it been specifically stated in the action that Block 8 was included and that Block 8 was not a part of the then existing conditional use approval for an automobile dealership, the request would have been denied. As this is a Special Relief Item, Planning and Zoning Board review is not required. Due to the use restrictions cited above for AC zoning, staff recommends denial of the rezoning request. A detailed staff report is attached as backup material for this item. ORDINANCE NO. 61-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR LOTS 10 THRU 15, INCLUSIVE, BLOCK 8, RIO DEL REY, LOCATED AT THE NORTHWEST CORNER OF S.E. 10TH STREET AND S.E. 5TH AVENUE (SOUTHBOUND FEDERAL HIGHWAY) FROM GC (GENERAL COMMERCIAL) DISTRICT TO AC (AUTOMOBILE RELATED COMMERCIAL) 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 GC (General Commercial) District on the Zoning District Map of the City of Delray Beach, Florida, dated October t, 1990; and, WHEREAS, a review of City records indicates that such zoning classification may have been 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 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 AC (Automobile Related Commercial) District for the following described property: Lots 10 thru 15, inclusive, Block 8, RIO DEL REY, as recorded in Plat Book 12, Page 84 of the Public Records of Palm Beach County, Florida. 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 , 1991. MAYOR ATTEST: City Clerk First Reading Second Reading CITY COMMISSION DOCUMENTAT I ON TO: ~DA~ID HARDEN, CITY MANAGER FROM: DgfVID J. KOVACS, DIR~"~OR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 10, 1991 ORDINANCE ADJUSTING ZONING FROM GC TO AC (WALLACE, BLOCK 8, RIO DELRAY, LOTS 10-15) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a rezoning ordinance (GC to AC) on first reading. The property involved is Lots 10-15, Block 8, Rio Delray. It is commonly known as the parking area on the west side of Federal Highway at 10th Street which was used in conjunction with the former Nissan Dealership. This item is pursuant to Special Relief Section 2.4.7(F)(2). BACKGROUND: Attached is correspondence from Michael Weiner, P.A., who is the agent. He claims that when a change from the proposed (LDR) zoning map was considered, and approved, for property to the east of this site, the action should have also included these lots. Special Advisory Board consideration: Based upon documentation provided to the Special Adjustment Advisory Board, it was determined that the factual information did state that the request before the Commission included the subject lots. Thus, the item is forwarded for City Commission special consideration. The Board also noted that there was apparent confusion at the City Commission hearing and that had the subject property (Lots 10-15) been specifically identified at the time of adoption of the zoning map, the City Commission may have excluded those lots from the rezoning anyway. Thus while the resulting actions (GC zoning) may have been inadvertent, it may not have been inappropriate (see Kovac's letter of August 8, 1991). Site Facts: Lots 10-15 have an aggregate lot area of approximately .7 acres. The minimum lot area for vehicle sales, lease, or rentals is 1.5 acres. Thus, by rezoning to AC, the permissible uses are limited to speciality service (auto) shops, vehicle repair, gasoline and service stations, and auto washes. There is not an ability to aggregate the property with adjacent parcels (not separated by a street) in order to reach the 1.5. acre minimum lot area requirement. Assessment: The development potential of the site is severely limited to the auto related uses above. The site cannot be used in conjunction with the AC zoned property east of Fifth Avenue. In order to use.the]site for office or retail purposes (other --'~-~-~ ~e ulre a rezonln than auto parts; ~ . q ' ' g to GC. (NOTE: The same situation occurred on the property to the east, where the owner needed to process a rezoning to GC in order to proceed with the Shoney's development project. As was noted at that time, should the owner's request be granted, it should also now be noted that prior to proceeding with a retail or office use the payment of fees, holding of public hearings, and enactment of a new rezoning ordinance~ be necessary.) Given the above situation and discussion at the City Commission LDR adopting meeting, I believe that had it been specifically stated in the action that Block 8 was included and that Block 8 was not a part of the (then) existing conditional use approval for an automobile dealership, the request would have been denied. Comprehensive Plan Consistency: Either zoning (AC or GC) is consistent with the Future Land Use Map designation of Commercial. There are no policies which preclude approving the requested zoning. PLANNING AND ZONING BOARD CONSIDERATION: Since this is a Special Relief Item, the Planning and Zoning Board has not formally reviewed it. RECOMMENDED ACTION: By motion, denial of the requested zoning'. Attachment: * Location map * Weiner letters DJK/#85/CCAC.TXT LEWIS COVE MICHAEL S. WEINER & ASSOCIATES, P.A. ATTORNEYS AT I_AW The Gulfstream Building, Suite 407 ... 1177 N.E. Eighth Street Deiray Beach, Florida 33483 MICHAEL S. WEINER South Palm Beach County: (407) 265-2666 RANDEE J. GOLDER North Palm Beach County: (407) 736-5888 RANOl S. TOMPKINS Broward County: (305) 462-4935 Telecopier: (407) 272-6831 OF COUNSEL: PETER J. MURRAY August 9, 1990 CERTIFIED HAIL - RETURN RECEIPT REQUESTED Mr. David J. Kovacs City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Block 7, Rio Del Rey Shores Southeast 10th Street, between Southeast 5th Avenue and Southeast 6th Avenue Our File No.: C0LS(66)002 Dear David: Please be advised that a mistake has been made with respect to the Proposed Zoning Map for the City of Delray Beach as first published July 14, 1990. I am enclosing a photocopy of a survey showing the location of the above-captioned property. It is indicated in the Proposed Zoning Map that this property be zoned GC. The correct zoning is AC. Would you please be certain that this mistake is remedied. If you should need anything further, do no~ hesitate to ~ontact me. ve r yg~rs;/ cc: Mr. William Wallace /\ /oG~' ~ Hr. Mark Marsh MICHAEL S. WEINER & ASSOCIATES, P.A. A T-rORNEYS A T LA W The Gulfstream Building. Suite 407 1177 N.E. Eighth Street Oelray Beach. Florida 33483 South Palm Beach County: (407)' 265-2666 MICHAEL S. WEINER Norlh Palm Beach Counly: (407~ 736-5888 RANDEE J. GOLDER Broward Counl~. (30$) 462-4935 RANDI $. TOMPKINS Telecopler:. (40~ 272-6831 OF COUNSEL: PETER J. MURRAY August 31, 1990 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Hr. David J.. Kovacs City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Block 7,-~Rio Del Rey and / Lots 10 through 15, Block~8,'l~io'Del'-Rey~ Our File No.: ~WALW(59)007 Dear David: This- w itt--con fi-rm'-w i t h--you-t ha t- bas ed"upRn-t he~polling of-the ~-City"Commissi~o.n_~at~ the meet'i~g-of~Augu'st 28';' 1990, the' above-capti'o~d p-r0Perty will'"be-Iabeled-AC~Sp6n the. pu b 1-ic a tl6n'~-f~the-P topos ed -Zon lng-MaP-fo r-the- Ci t~-o f Delray B each-.completed--irr~connec t ion - W fth-th~d-De_velopment Regulations- presently~before-the'"Cfty ' Commfs s ion. It is ,my understanding that the exact date for the passage of the Land.~ev~lopment Regulations has not yet been set but that public hear~ngs{~ave been/closed. If for some reason this letter is not cer~ect,[ Would yo~f please notify me immediately. cc: Hr. William Wallace Mr. Hark Harsh MICHAEL S. WEINER & ASSOCIATES, P.A. ATTORNEYS AT LAW The Gulfstream Building, Suite 407 1177 N.E. Eighth ,Street Delray Beach, Florida 33483 MICHAEL S. WEINER South Palm Beach County: (407) 265-2666 RA'NDEE J. GOLDER North Palm Beach County: (407) 736-5888 RANDI S. TOMPKINS 8roward County:(305) 462-4935 OF COUNSEL: Telecopier:(407) 272-6831 PETER J. MURRAY October 9, 1990 Mr. David J. Kovacs City of Delray Beach 100 N.W. let Avenue Delray Beach, Florida 33444 Re: Block 7, Rio Del Rey and Lots 10 through 15, Block 8, Rio Del Rey Our File No.: WALW(59)007 Dear David: Enclosed is a photocopy of the letter which was sent certified mail, return receipt requested concerning the Zoning Map to be issued in connection with the. Land Development Regulations. Please note that the specific reference is to Block 7, Rio Del Rey and Lots 10 through 15, Block 8, Rio Del Rey. In reviewing the maps, I notice that a mistake has been made and the Lots 10 through 15, Block 8 have not been zoned AC. I am s~re~u will make the appropriate correction. HIb~ael S'. Wei~f -' ' HSW/mph Enclosure cc: Hr. William Wallace (w/enclosure) £1T¥ aF aELgg¥ BEI:I£H November 2, 1990 Michael S. Weiner & Associates, P.A. The Gulfstream Building - Suite 407 1177 N.E. Eighth Street (George Bush Boulevard) Delray Beach, FL. 33483 Re: I~ts 10-15~ Block 8~ Rio Del Re¥, AC Zoninq Your File WAL(59)007 Dear Michael, This letter is in response to your inquiry of October 9, 1990, in which you note an apparent mistake in that the above lots were not placed in the AC Zone District upon adoption of the new zoning map. Unfortunately, when your letter of August 31~ 1990, was reviewed close attention was not paid to the caption, and I interpreted the letter to be addressing only that portion of the Wallace property which was approved for automobile dealership use in that arguments which were presented were focussed upon the current conditional use approval. That approval involved only Block 7. Thus, the zoning designation was, in my estimation, not affixed in error. The new Code provides a mechanism whereby your inquiry can have official action. On November 13th, the City Commission will establish its Special Adjustment Advisory Board. That Board will be able to review this matter and act with respect to any of the following: 1. There was no error and the owner must petition on his own for rezoning consideration. 2. While there was no error, there was miscommunication which placed the owner at a disadvantage with respect to presenting his position; and, a rezoning consideration (through normal procedures) should be acconu~odated without processing fees. Michael S. Weiner Re: Lots 10-15, Block 8, Rio Del Rey, AC Zoning November 2, 1990 Page 2 3. Find that the designation was applied inappropriately or inadvertently and that a change, via emergency ordinance, should be considered by the City Conunission. Unless you request otherwise, your letter of October 9th. will be presented to the Special Adjustment Advisory Board, after it is constituted, for formal disposition. Cordially, Day-id J. ~ovacs, Director Department of Planning and Zoning DJK/leh c: LDR File Wallace CU Project File City Attorney DJK/#73/WEINERAC.TXT August 8, 1991 ~,:',': ' ~' .','.:' : [~,LLR,'~YBE,',£'t ~[C. qi~D,'~331.14 . 407/243.7000 Michael S. Weiner & Associates, P.A. 102 North Swinton Avenue Delray Beach, FL 33444 Re: Lots 10-15~ Block 8~ Rio Del Rey Dear Michael: This letter confirms a determination made by the Special Adjustment Advisory Board with regard to the zoning on the above property. The determination of the Board was that the placement of GC zoning instead of SC zoning on the property, while not necessarily inappropriate, may have been inadvertent. Their determination was based on the following rationale: * It is clear from your presentation to the City Commission that what was SC was requested to remain as AC and that the subject property was clearly identified in your introductory statement (review of transcript). * The City Commission may not have been clear about the · specific property due to references to an approved site plan (which did not include the property). * The Director may not have been clear about the specific property due to previous letter exchanges which discussed only Block 7. Accordingly, a correcting ordinance ~wlll be prepared and placed before the City Commission for first reading on September 10, 1991, unless you request otherwise. In the meanwhile, I understand that you will consult with the City Attorney regarding any time frame limitations which may exist due to the /-"~~truction of Section 2.4.7(F)(2)(d). / · \ ' Cordially, ~ ~i~ J .~o~vac~, ~c~o r - Department of Planning and Zoning DJK/cm c: Jeff Kurtz, City Attorney Thomas Purdo, Board Member Wm. F. Andrews, Board Member Jerry Sanzone, Board Member Special ReliefiFile,, ~., /\ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM ~ ~ - MEETING OF SEPTEMBER 10, 1991 ORDINANCE NO. 61-91 DATE: September 6, 1991 This is a first reading of an ordinance correcting the zoning classification for a parcel of land located on the west side of Federal Highway at S.W. 10th Street (Wallace) from GC (General Commercial) to AC (Automotive Commercial) zone district and correcting the Official Zoning Map. The properties involved are Lots 10-15, Block 8, Rio Delray, more commonly described as the parking area used in conjunction with the former Wallace Nissan dealership. We have received correspondence from the owner's representative which asserts that when the change from the proposed (LDR) zoning map was considered, and approved, for the property to the east of this site, the action should have included these lots. Based upon documentation provided to the Special Adjustment Advisory Board, it was determined that the factual information did state that the request before the Commission included the subject lots. Thus, the item is forwarded for special consideration by the Commission. Additionally, the Board noted that there was apparent confusion at the Commission hearing and that had the subject property been specifically identified at the time of adoption of the zoning map, the Commission may have excluded it anyway.. Thus, while the resulting action may have been inadvertent, it may not have been inappropriate. Lots 10-15 have an aggregate lot area of approximately .7 acres. The minimum lot area for vehicle sales, lease, or rentals is 1.5 acres. Thus, by rezoning these lots to AC, the permissible uses are limited to speciality auto service shops, vehicle repair, gasoline and service stations, and auto washes. There is not an ability to aggregate the property with adjacent parcels in order to reach the 1.5 acre minimum lot area requirement. Additionally, the development potential of the site will be severely limited by the proposed rezoning action (the site cannot be used in conjunction with the AC zoned property east of Fifth Avenue). In order to use the site for office or retail purposes (other than auto parts) rezoning to GC (General Commercial) will be required. Given the above situation and previous discussions at the City Commission meetings adopting the LDRs, staff believes that had it been specifically stated in the action that Block 8 was included and that Block 8 was not a part of the then existing conditional use approval for an automobile dealership, the request would have been denied. As this is a Special Relief Item, Planning and Zoning Board review is not required. Due to the use restrictions cited above for AC zoning, staff recommends denial of the rezoning request. A detailed staff report is attached as backup material for this item. ORDINANCE NO. 61-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR LOTS 10 THRU 15, INCLUSIVE, BLOCK 8, RIO DEL REY, LOCATED AT THE NORTHWEST CORNER OF S.E. 10TH STREET AND S.Eo 5TH AVENUE (SOUTHBOUND FEDERAL HIGHWAY) FROM GC (GENERAL COMMERCIAL) DISTRICT TO AC (AUTOMOBILE RELATED COMMERCIAL) 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 GC (General Commercial) District on the Zoning District Map of the City of Delray Beach, Florida, dated October t, 1990; and, WHEREAS, a review of City records indicates that such zoning classification may have been 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 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 AC (Automobile Related Commercial) District for the following described property: Lots 10 thru 15, inclusive, Block 8, RIO DEL REY, as recorded in Plat Book 12, Page 84 of the Public Records of Palm Beach County, Florida. 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 , 1991. MAYOR ATTEST: City Clerk · First Reading Second Reading C I TY COMMISSION DOCUMENTAT I ON TO: ~DA~KID HARDEN, CITY MANAGER FROM: v IZ~VID J.'KOVACS, DIRE~C~"~OR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 10, 1991 ORDINANCE ADJUSTING ZONING FROM GC TO AC (WALLACE, BLOCK 8, RIO DELRAY, LOTS 10-15) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a rezoning ordinance (GC to AC) on first reading. The property involved is Lots 10-15, Block 8, Rio Delray. It is commonly known as the parking area on the west side of Federal Highway at 10th Street which was used in conjunction with the former Nissan Dealership. This item is pursuant to Special Relief Section 2.4.7(F)(2). BACKGROUND: Attached is correspondence from Michael Weiner, P.A., who is the agent. He claims that when a change from the proposed (LDR) zoning map was considered, and approved, for property to the east of this site, the action should have also included these lots. Special Advisory Board consideration: Based upon documentation provided to the Special Adjustment Advisory Board, it was determined that the factual information did state that the request before the Commission included the subject lots. Thus, the item is forwarded for City Commission special consideration. The Board also noted that there was.apparent confusion at the City Commission hearing and that had the subject property (Lots 10-15) been specifically identified at the time of adoption of the zoning map, the City Commission may have excluded those lots from the rezoning anyway. Thus while the resulting actions (GC zoning) may have been inadvertent, it may not have been inappropriate (see Kovac's letter of August 8, 1991). Site Facts: Lots 10-15 have an aggregate lot area of approximately .7 acres. The minimum lot area for vehicle sales, lease, or rentals is 1.5 acres. Thus, by rezoning to AC, the permissible uses are limited to speciality service (auto) shops, vehicle repair, gasoline and service stations, and auto washes. There is not an ability to aggregate the property with adjacent parcels (not separated by a street) in order to reach the 1.5. acre minimum lot area requirement. Assessment: The development potential of the site is severely limited to the auto related uses above. The site cannot be used in conjunction with the AC zoned property east of Fifth Avenue. In order to use.the~site for office or retail purposes (other than auto parts)~ require a rezoning to GC. (NOTE: The same situation occurred on the property to the east, where the owner needed to process a rezoning to GC in order to proceed with the Shoney's development project. As was noted at that time, should the owner's request be granted, it should also now be noted that prior to proceeding with a retail or office use the payment of fees, holding of Public hearings, and enactment of a new rezoning ordinance~ be necessary.) Given the above situation and discussion at the City Commission LDR adopting meeting, I believe that had it been specifically stated in the action that Block 8 was included and that Block 8 was not a part of the (then) existing conditional use approval for an automobile dealership, the request would have been denied. Comprehensive Plan Consistency: Either zoning (AC or GC) is consistent with the Future Land Use Map designation of Commercial. There are no policies which preclude approving the requested zoning. PLANNING AND ZONING BOARD CONSIDERATION: Since this is a Special Relief Item, the Planning and Zoning Board has not formally reviewed it. RECOMMENDED ACTION: By motion, denial of the requested zoning. Attachment: * Location map * Weiner letters DJK/#85/CCAC.TXT ~.IZ. 6TH ST. ~ALIf~INIA k~l~ ROAD $.E. g TH ST. - I I~~l I L~I$ COVE MICHAEL S. WEINER & ASSOCIATES, P.A. ATTORNEYS AT LAW The Gulfstream Building, Suite 407 ... 1177 N.E. Eighth Street Delray Beach, Florida 33483 MICHAEL S WEINER South Palm Beach County: (407) 265-2666 RANDEE J. GOLDER North Palm Beach County: (407) 736-5888 RANDI S. TOMPKINS Broward County: (305) 462-4935 Telecopier: (407) 272-6831 OF COUNSEL: PETER J. MURRAY August 9, 1990 CERTIFIED HAIL - RETURN RECEIPT REQUESTED Hr. David J. Kovacs City of Delray Beach 100 N.W. let Avenue Delray Beach, Florida 33444 Re: Block 7, Rio Del Rey Shores Southeast 10th Street, between Southeast 5th Avenue and Southeast 6th Avenue Our File No.: C0LS(66)002 Dear David: Please be advised that a mistake has been made with respect to the Proposed Zoning Hap for the City of Delray Beach as first published July 14, 1990. I am enclosing a photocopy of a survey showing the location of the above-captioned property. It is indicated in the Proposed Zoning Hap that this property be zoned GC. The correct zoning is AC. Would you please be certain that this mistake is remedied. If you should need anything further, do no~ he~itate to ~ontact me. / Ui6hael S. w~iner ~.~ HSW/mph ~-~~ Enclosure cc: Hr. William Wallace Hr. Hark Harsh ,, ikt r 1 MICHAEL S. WEINER & ASSOCIATES, P.A. A T'T'OFINEYS A T LA W The Gulfstream Building. Suite 407' 1177 N.E. Eighth Street Delray Beach. Florida 33483 MICHAEL S. WEINER South Palm Beach County: {407! 265-2666 RANDEE J. GOLDER Nor~ Palm Beach County: (407} 736-5888 RANDI S. TOMPKINS Broward Countlc. {305) 462-4935 Telecopler:. (407} 272-683! OF COUNSEL: PETER J. MURRAY August 31, 1990 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mr. David J. Kovacs City of Delray Beach 100 N.W. let Avenue Delray Beach, Florida 33444 Re: Block 7,--Rio Del Rey and .~ Lots 10 through 15, Block~8,~Rio~Del~Rey~ Our File No.: ~WALW(59)007 Dear David: This-w itt--con'fl-rm- with,~you-that ~ based"up~n-the~polling o f ~t he ~city-commiS~'i'°n the meet'fhg"of~'AUgU'S%''' 2~" 1990,' the' above-capti'0'H~d-Pr~perty will'"be~labeled'aC~'~the'' ne~t publ-icatlbn~'~the'proposed-Zon[ng-Map-for--the-Ci t['of" Delray Beach-compteted~connect ~ on" ~i%h-%h~--~hd-D~ el°pment Re~lat-ions~ presentl~before-the-C[ty'- Co'is s ion. It is ~y understanding that the exact date for the passage of the Land,~e~ ~lopment Re~lations has not yet been set but that public ave beenen/closed If for some reason this letter ,is not hear~g~ '~ . ce~ct, would yo~ please notify me i~ediately. H~hae( S. We er MS~/~h , ~r. ~ark ~arsh MICHAEL S. WEINER & ASSOCIATES, P.A. ATTORNEYS A T LA W The Gulfstream Building, Suite 407 1177 N.Eo Eighth Street Delray Beach, Florida 33483 MICHAEL S. WEINER South Palm Beach County: (407) 265-2666 RANDEE J. GOLDER North Palm Beach County: (407) 736-5888 RANDI S. TOMPKINS Broward County:(305) 462-4935 OF COUNSEL: Telecopier:(407) 272-6831 PETER J. MURRAY October 9, 1990 Hr. David J. Kovacs City of Delray Beach 100 N.W. let Avenue Delray Beach, Florida 33444 Re: Block 7, Rio Del Rey and Lots 10 through 15, Block 8, Rio Del Rey Our File No.: WALW(59)007 Dear David: Enclosed is a photocopy of the letter which was sent certified mail, return receipt requested concerning the Zoning Map to be issued in connection with the Land Development Regulations. Please note that the specific reference is to Block 7, Rio Del Rey and Lots 10 through 15, Block 8, Rio Del Rey. In reviewing the maps, I notice that a mistake has been made and the Lots 10 through 15, Block 8 have not been zoned AC. I am s~re~u will make the appropriate correction. H[~ael S'. Wei~r ' HSW/mph Enclosure cc: Hr. William wallace (w/enclosure) I:ITY OF DELRi:i¥ BEI:II:H : "~ ': ' ' -:,' ,ZE~'~iJE DE,_ia;,'~ 6~,~d FLOR!OA 33444 407 '"4'~ ~'' November 2, 1990 Michael S. Weiner & Associates, P.A. The Gulfstream Building - Suite 407 1177 N.E. Eighth Street (George Bush Boulevard) Delray Beach, FL. 33483 Re: Lots 10-15,~ Block 8~ Rio Del Rey~ AC Zoninq Your File WAL(59)007 Dear Michael, This letter is in response to your inquiry of October 9, 1990, in which you note an apparent mistake in that the above lots were not placed in the AC Zone District upon adoption of the new zoning map. Unfortunately, when your letter of August 31, 1990, was reviewed close attention was not paid to the caption, and I interpreted the letter to be addressing only that portion of the Wallace property which was approved for automobile dealership use in that arguments which were presented were focussed upon the current conditional use approval. That approval involved only Block 7. Thus, the zoning designation was, in my estimation, not affixed in error. The new Code provides a mechanism whereby your inquiry can have official action. On November 13th, the City Commission will establish its Special Adjustment Advisory Board. That Board will be able to review this matter and act with respect to any of the following: 1. There was no error and the owner must petition on his own for rezoning consideration. 2. While there was no error, there was miscommunication which placed the owner at a disadvantage with respect to presenting his position; and, a rezoning consideration (through normal procedures) should be accommodated without processing fees. Michael S. Weiner Re: Lots 10-15, Block 8, Rio Del Rey, AC Zoning November 2, 1990 Page 2 3. Find that the designation Was applied inappropriately or inadvertently and that a change, via emergency ordinance, should be considered by the City Commission. Unless you request otherwise, your letter of October 9th. will be presented to the Special Adjustment Advisory Board, after it ks constituted, for formal disposition. Cordially, ovacs ,~irector Department of Planning and Zoning DJK/leh c: LDR File Wallace CU Project File City Attorney DJK/#73/WEINERAC.TXT August 8, 1991 ,r:,,.: ... ,..,-.. ;.;. _--_ D~LR,",YBEAC~t ~-tG~qlD,~.33.l.1.1 ,, 407/243.7000 Michael S. Weiner & Associates, P.A. 102 North Swinton Avenue Delray Beach, FL 33444 Re: Lots 10-15r Block 8r Rio Del Re~ Dear Michael: This letter confirms a determination made by the Special Adjustment Advisory Board with regard to the zoning on the above property. The determination of the Board was that the placement of GC zoning instead of SC zoning on the property, while not necessarily inappropriate, may have been inadvertent. Their determination was based on the following rationale: * It is clear from your presentation to the City Commission that what was SC was requested to remain as AC and that the subject property was clearly identified in your introductory statement (review of transcript). * The City Commission may not have been clear about the specific property due to references to an approved site plan (which did not include the property). * The Director may not have been clear about the specific property due to previous letter exchanges which discussed only Block 7. Accordingly, a correcting ordinance will be prepared and placed before the City Commission for first reading on September 10, 1991, unless you request otherwise. In the meanwhile, I understand that you will consult with the City Attorney regarding any time frame limitations which may exist due to the /,-~~truction of Section 2.4.7(F)(2)(d). / Cord'~ally, Department of Planning and Zoning DJK/cm c: Jeff Kurtz, City Attorney Thomas Purdo, Board Member Wm. F. Andrews, Board Member Jerry Sanzone, Board Member Special Reliefi F. tle., ,., /\, BOCA RATON NEWS DELRAY BEACH NEWS BOYNTON BEACH NEWS A PUBLIC HEARING ~li ~ ~ ~ DE~ AIRE' ~ CLU~ Delray Beach, Palm Beach County, Florida c~ ~ ~.~ ,., ~ ~, ~y ~ ~r~, ~ SECTIO~ 2.~7(F)(2), 'RELIEF Vi~ ~ a~ ~ ~ ~O wi~ r~ 0F THE ~ND OEVELOPMENT 0ROINANCES ~ THE C~TY Before the undersigned authority personally ~~ ~E~'.o~ ~o~c~*.~E~.s ~N 0RDINAKE ~ THE CITY C~ 0~TAIN(~ ~ELIEF F~ E~- appeared NANCY WA~ who on oath says that she ~o~ o~ T~E C,T. ~ ~ ~0~S .~T~ T.E ~ ~E~- is the Classified Advertising Manager of the Boca T.E Z0.,~ C~S~.,~ ~ ~VE.E~TC~ Ca~TE Raton News and the Delray Beach News, daily T~o~ ,~ ,~ PART, AMD ~CT,~ ~ *L ~EP~ALER C~U~; PROVI~ newspapers published at Boca Raton in Palm ~s ~ ~ PA~ ,~C. Beach County. Florida; that the attached copy of (s,~E ~M,~..s~oE.T,~u advertisement was published in said newspapers ~ .s~oe.T~u ~,ST.~CT; S~ ~. ~D~KS ~ ~ND IS L~TED 0N THE ~UTH ~l~ ~ THE Cl~ ~ ~L~Y THE E ~ ~ ~KE ~TH ORk~ CHAPTER 111, ~NDL0~0 PER- RECTI~ ~ING ~P ~ DEL- NAKES ~ THE CI~ ~ DEL~Y ~ VIOtH A GENE~ RE~GR SE~I~ 117.~ ~IT FEE~, TO C~; ~Dt~ A ~VING ~R~ THE ~R C~U~ PR~I~ ~ EFFEC- FOR THE ~ ~iT FEE; T~VE~TE. PR~IDI~ A ~VI~ C~USE; PROVIOING A GENERAL REP~L- ~LR~Y BEtH FL~IDA,. ~R~TI~~ Ag ~DI~E ~ THE CITY LOTS 1~ T~ ~ ~!VE~ BEACH, F~ORI~ ~ ENU~ t~D* ~EDERAL' THE C~ ~ DELRAY BEACH, ~EGU~R CHARGES ~EV E~, TO ~RCiAL) D~; A~ C~- PROVI~ FOR INCRE~ED tion of the attached copy of advertisement; and ~ T~ ~RV,CE affiant further says that she has neither paid nor Ml~ ~ ~,~, T0 .~,~ promised any person, firm or corporation any dis- ~ ~m~E M T~ ~. ~ ~T,~ CU.~. count, rebate, commission or refund for the p~- ~'~ ~ ~ c,w ~ ~. cu~ ~cE, pose of securing this advertisement for publication · P~z 0F ~,D L~UED ~ ~'~'O'~" EROSIVE ~TE. in said newspapers. T,E NO,TH SlOE ~ S.W. WARD, OFTEN I~ERSTATE ~ ~ ~ M ~ PARTICU~RLY ~IIEO ~ M ~ ~ HEREIN, FORM ~ (O~g ~} ~ ~ ~ TiVE DATE. ~ ~ r~. Sworn to and subscribed before me this CITY ~ ~L~Y BEACH MIMI~ ~ THE Cl~ ~ ~RAY Ci~ Cl~k ~ P~CING ~gO PRESENTLY PUBLI~: ~T~ ZONED R-I~ (SIDLE F~ILY ' THE g~ RESiOENTIAL} OlSTR~CT IN ~ '~~ (OPEN SPACE) OISTRICT; ~10 (Seal, Notary Public, S~mda at large)