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84-91 ORDINANCE NO. 84-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR LAND LYING AND BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, FROM R-lA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT~ SAID LAND IS LOCATED ON THE WEST SIDE OF SOUTH SWINTON AVENUE, BETWEEN S.W. 7TH STREET AND S.W. 8TH STREET~ AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"~ PROVIDING A GENERAL REPEALER CLAUSE~ PROVIDING A SAVING CLAUSE~ PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is shown as being zoned R-lA (Single Family Dwelling) District on the Zoning District map of the City of Delray Beach, Florida, dated October 1, 1991~ and, WHEREAS, a review of City records indicates that such zoning classification was inadvertently applied to said property$ and, WHEREAS, this error has been brought to the attention of the City and it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated October 1, I990, be corrected to reflect the proper zoning classification of CF (Community Facilities) Districtl and, WHEREAS, this matter was considered by the City Commisssion at a public hearing and it was determined that the CF (Community Facilities) District zoning classification was, in fact, inadvertently applied to the subject property, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLOR/DA, 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= The East 390.05 feet of the North 244.0 feet of the East three-quarters (E 3/4) thereof for the right-of-way of Swinton Avenue, said Lot 11 lying in Section 20, Township 46 South, Range 43 East, Delray Beach, Florida, as recorded in Plat .Book 1 on Page 4, Sheet 1, of the Public RecoFds 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 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.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 this the 3rd day of December , 1991. ATTEST: 'City C16rk ' First Reading November 19t 1991 Second Reading December 3t 1991 RATON~DELRAY B~ACt! B¢)¥~I'r)N BEAr. II~I)FIRF El BOCA Published Daily ~ ~u.L,c ~EA~,~ ~,, ~ ~ Monday through Sunday ':~ ~.~.. ~- ~ ~ ~, Boca ~aton, Palm Beach County, Florida ~, ~ ~, ~ I~1. in ~ Ci~ ~ ~ Sim will ~ ~ ~, ~ K ot ~ ~ke ~ ~ O~ CM oJ ~, STATE OF FLORIDA 8~. ~. ~ 8:, ~, s:~ COUNTY OF PALM BEACH , ~. ~ ~ Before the undersigned authority personally ~.~ ~ appeared Nancy Smith, Inside Sales Man- ager of The News. daily newspapers pub- ~z~ lished in Boca Baton in Palm Beach County, ~"~ ~,'~" ~'~:.~ Florida; that the attached copy of advertise- vc~ .~ ~0~. ~, ~0 ~ ~ AN 0~D~NANCZ 0F TH~ ~TY C0~ merit was published in said newspapers in ;~ '~ ~ co~ 0~ ~ ~,~.o~ o~ .,~ c,. o~ ~A~, FL0~IDA, T0 P~OVID~ r~ ZON~NG ~I~I~0N ~0~ the issues of: ,~,, ~,~, ,~.~ - ,~ ~0, ,, ~. ,~,~ ~N~ ~N~ ~N ~VI~ P~T ~ ~ ~AG[ ~15 0F THE AREDISC~TINUED BY THECITY PUBLIC RECORDSOP PALM zz/99/ o, sue.,.c. cou.., QUENCY; PROVIDI~ FOR i DE- R-I~ {SINGLE ;~ILY RESIOE~ . ~ . , CREWED PENALTY ~T; TIAL~ DISTRICT TO CF ~ PROVIDI~ GENE~L REP~LER (C~UNITY FACILITIES) DI~ C~USE; PROVIDI~ A ~VING TRICT; SAID ~ND IS L~ATED ON C~USE; PROVI~ AN EFFEC. THE EAST SIDE ~ N.W. 2NO AVE- TIVE~T~ NUE, APPROXI~TELY ~ FEET NORTH OF N.W. ~ND STREET; ~~ ANO CORRECTING ~ON~NG ~P OF DELRAY BEACH, FLORIDA, AN ORDINANCE OF THE Ci~ C~ I~; PROVIDING A GENERAL MINION OF THE CI~ OF DELRAY ' PEALER C~USE; PROVIDING A BEACH, FLORID~ ~ENDING ~VI~ C~USE; PROV~DI~ AN CHAPTER 4, ~ING REGU~ EFFECTIVE DATE. Affiant further says that The News is a ,,o,s., *,,,C~E newspaper published in Boca Baton, in said 'SU~T~ ~,S..,C..~ ~. ~ ~ ,,. ~ '~ND~APE REGU~TI~, SU~ ~ ~y ~ C~ C~mi~ wi~ r~ ~ DESIGN STAN~R~, OF THE ~t~ ~ ~ ~ ~ will TIONS OF THE Cl~ ~ DEL~Y a~ ~ ~ ~ ~h ~ may second class matter at the post office in 8~c., FLORI~ ~y ~NO'NG PARAGRAPH ~&lJ(E)(I)(c), ~WN d ~ ~t~ is m~, ~ich ~ GRAS~, TO PROVI~ FOR ~ ~ i~W ~ ~i~y ~ ~ ~0~ ~ ~e?~o~ o~ o~e ~e~ ~e~ ~eoe~ ~e (~) ~ ~"E ~.ED 0~. ~,T~c~~ SPACE BE ~NTED IN ~WN ~ ~ ~d. ~nl ~ P.S. first publication of the attached copy of ~**~; PROVDNG A ~V'"G ~.0~. C~U$E; PROVIDI~ A GENERAL R~PEALER C~USE; PR~IDING Cl~ OF OELRAY BEACH advertisement; and affiant further says that ~.E.~EC..V.~... he has neither paid nor promised any ~~ pe~8o~, [~m o~ co~po~o~ ~ discount, ~. O,mN~NC~ O~ the C~W C~ T~e.J~ MISSION OF THE Cl~ ~ OE~Y ~ R~rly~ N~ SECTI~ ~, ~E DU~PIN~, TO PaOVIDE FOe U- CENSING, RULES AND ~EGU~ T~ONS REGARDI~ W~TE TIRE C~LECT~$; PR~IDIgG A  ~RAL REaR C~U~E; P~ ~ VIDI~ AN EFFE~IVE ~. day of N o~: ,~.D., 19 k .A.o.. . C~NTy, .~~ ~SINGLE F~ILY DISTRICT L~TED ~ S~TH / ~N MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~/~ ~ - MEETING OF NOVEMBER 19, 1991 ORDINANCE NO. 84-91 DATE: November 15, 1991 This is a first reading of an ordinance correcting the zoning classification for the Deer Park Water Plant located on the west side of South Swinton Avenue between S.E. 7th and 8th Streets from R-lA (Single Family Residential) to CF (Community Facilities) zone district and correcting the Official Zoning Map. The property owner has requested consideration of special relief pursuant to Section 2.4.7 (F)(2) of the Land Development Regulations. With the adoption of the LDRs in October 1990, this property along with other non-residential uses were not included as allowable uses in the R-lA zoning district. The applicant's representative has argued that the use was legitimized on the site by approval of a conditional use request in 1984; and, therefore should not be classified as a non-conforming use under the current R-IA zoning district. The Special Advisory Board at their November 5, 1991 meeting determined that there was a lack of information presented during the formulation of the LDRs which may have affected the rezoning action. Accordingly, they made a determination that an inadvertent action may have occurred. The Planning and Zoning Board is not required to act of actions of this nature. Recommend approval of Ordinance No. 84-91 on first reading. PHI CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER FROM: PA~ DORLING, PL~ANNER II THRU: DAVID J. KOUACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING RE: MEETING OF NOVEMBER 19, 1991 CORRECTING ORDINANCE, ZONING MAP - CRYSTAL WATER AKA DEEP ROCK NATURAL RESOURCE UTILITY 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 officials through correspondence from Doak Campbell, attorney for the property owner, Gerald J Paller. A request was made for consideration of special relief pursuant to Section 2.4.7(F)(2). The Special Advisory Board met on November 5, 1991. They felt there was a lack of information which may have affected the rezoning action. Accordingly, they made a determination that an inadvertent action may have occurred. ANALYSIS: In the early 1970's Klear Water Inc. was established in the R-IA district at the northwest corner of Swinton Avenue and S.W. 8th Street. On December 10, 1973 Natural Resource Utilities was added to all zoning districts as a Conditional Use (Ordinance No. 3973). The Klear Water Inc. company did not pursue a conditional use request at that time. To legitimize the existing water extraction use the property owner, Gerald Paller sought a conditional use approval in 1984. The City Commission approved the Conditional Use request for Crystal Water Company on April 24, 1984. With the adoption of the LDR's in October, 1990 Natural Resource Utilities along with other nonresidential uses were not included as allowable uses in the R-lA zoning district. CITY COMMISSION DOCUMENTATION CORRECTION ORDINANCE, ZONING MAP - CRYSTAL WATER AKA DEEP ROCK NATURAL RESOURCE UTITLITY PAGE 2 The applicant's attorney has argued that the use was legitimized on the site by the approval of a Conditional Use request and therefore should not be classified as a nonconforming use under the current R-lA zoning district. PLANNING AND ZONING BOARD CONSIDERATION: Since this item is being considered under the special relief provisions of the LDR's and pertains to the inadvertent or inappropriate nature of the action, the Planning and Zoning Board is not involved. STAFF ASSESSMENT: In light of the Conditional use approval received for the use in 1984 staff feels it would be inappropriate to make this site a nonconforming use. Further, if the above information had been available during the adoption of the LDR's the site would have been considered for a CF zoning designation. ALTERNATIVE ACTIONS: 1. Reject the request (this would allow the owner to petition for rezoning through the formal process) 2. Reject the request and direct that the item be processed through the formal rezoning process but waive the rezoning processing fee. 3. Approve the request. RECOMMENDED ACTION: Recommend approval of the ordinance correcting the official Zoning Map from R-lA to CF (Community Facilities) for a portion of lot 11 (the east 390.05 feet of the north 244 feet of the (E 3/4) less the east 33 feet of right of way) lying in Section 20 Township 46 South, Range 43 East on the basis that the change in zoning which made the current use of the property nonconforming was inadvertent and not appropriate. Attachment: * October 21, 1991 Letter from Doak S. Campbell Location map PD/#44/CCCRYS.TXT Do~: $. CAbIPBI~LL, III ATTORNEY AT LAW 70 S.E. FOURTH AVENUE DELRAY BEACH~ FLORIDA 33,483 TELEPHONE TELECOPIER (407) ~78-1890 (407) ~76-5803 October 21, 1991 Mr. David J. Kovacs Director of Planning and Zoning City of Delray Beach 100 Northwest First Avenue DelrayBeach, FL 33444 Re: Crystal Water Company Plant, Swinton Avenue, Delray Beach, Florida Dear David: I represent Gerald J. Paller, the owner of the property known as the Deer Park Water Plant. In 1984, Mr. Paller made an application to the City of DelrayBeach for aconditional use approval for his water bottling plant. On April 24, 1984, the Delray Beach City Council approved the petition and granted conditional use approval in the R-lA zoning category which effectively allowed an existing use to continue by changing the zoning code for this unique situation. It was the intent of the City Council at the time, by such zoning code change and conditional use approval, that the use of the site as a water bottling plant would be a permitted and not a non-conforming use. By discussions with you and staff, I understand that in October of 1990, pursuant to City-wide zoning ordinance changes, the conditional use approval for his site was removed and the water bottling plant use is againa non-conforming one. Since the City's intent at the time of the earlier rezoning was clearly addressing a unique situation, we do not believe that the 1990 zoning changes intended to specifically alter the use on the property. Therefore, on behalf of Mr Paller, we request, pursuant to City Code Section 2.4.7, special relief from the City Commission. The basis for the relief is an inadvertent change in the owner's permitted uses on the site during the City-wide overall zoning changes which were done without specific notice to individual owners. Specifically, the owner requests that the use of the site as a water bottling plant with ancillary uses be reinstated as a permitted use. After you have had a chance to review this request, would you please let me know if any further documentation or information is necessary in order to process the request. Thank you for your every courtesy and consideration. Very truly yours, Doak S. Campbell, III .'- DSC:lb cc: Mr. Gerald J. Pallet ~",.~::' c,~'~) ~' ORDINANCE NO. 84-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR LAND LYING AND BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, FROM R-lA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND IS LOCATED ON THE WEST SIDE OF SOUTH SWINTON AVENUE, BETWEEN S.W. 7TH STREET AND S.W. 8TH STREET; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is shown as being zoned R-lA (Single Family Dwelling) District on the Zoning District map of the City of Delray Beach, Florida, dated October 1, 1991; and, WHEREAS, a review of City records indicates that such zoning classification was inadvertently applied to said property; and, WHEREAS, this error has been brought to the attention of the City and 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 of CF (Community Facilities) District; and, WHEREAS, this matter was considered by the City Commisssion at a public hearing and it was determined that the CF (Community Facilities) District zoning classification was, in fact, inadvertently applied to the subject property, 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: The East 390.05 feet of the North 244.0 feet of the East three-quarters (E 3/4) thereof for the right-of-way of Swinton Avenue, said Lot 11 lying in Section 20, Township 46 South, Range 43 East, Delray Beach, Florida, as recorded in Plat Book 1 on Page 4, Sheet 1, 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 this the day of , 1991. MAYOR ATTEST: City Clerk First Reading Second Reading S.W. 6TH STREET t s.w. i" sT. ~ [1111  S.W. IITH 5TRf..LI S,W. 8TH COURT S,W. 9TH ST. S.E. 9TH S.W. 9TH CT. ~ S,W*. 6TH STREET S.W. 7TH ST. ~ SoWo 8TH COURT S.W. 9TH ST. S.[. 9TH S.W. 9TH CT. ~ · · CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER FROM: PA~ DORLING, PL~ANNER II THRU: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING RE: MEETING OF NOVEMBER 19, 1991 CORRECTING ORDINANCE~ ZONING MAP - CRYSTAL WATER AKA DEEP ROCK NATURAL RESOURCE UTILITY 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 officials through correspondence from Doak Campbell, attorney for the property owner, Gerald J Paller. A request was made for consideration of special relief pursuant to Section 2.4.7(F)(2). The Special Advisory Board met on November 5, 1991. They felt there was a lack of information which may have affected the rezoning action. Accordingly, they made a determination that an inadvertent action may have occurred. ANALYSIS: In the early 1970's Klear Water Inc. was established in the R-lA district at the northwest corner of Swinton Avenue and S.W. 8th Street. On December 10, 1973 Natural Resource Utilities was added to all zoning districts as a Conditional Use (Ordinance No. 3973). The Klear Water Inc. company did not pursue a conditional use request at that time. To legitimize the existing water extraction use the property owner, Gerald Paller sought a conditional use approval in 1984. The City Commission approved the Conditional Use request for Crystal Water Company on April 24, 1984. With the adoption of the LDR's in October, 1990 Natural Resource Utilities along with other nonresidential uses were not included as allowable uses in the R-lA zoning district. CITY COMMISSION DOCUMENTATION CORRECTION ORDINANCE, ZONING MAP - CRYSTAL WATER AKA DEEP ROCK NATURAL RESOURCE UTITLITY PAGE 2 The applicant's attorney has argued that the use was legitimized on the site by the approval of a Conditional Use request and therefore should not be classified as a nonconforming use under the current R-lA zoning district. PLANNING AND ZONING BOARD CONSIDERATION: Since this item is being considered under the special relief provisions of the LDR's and pertains to the inadvertent or inappropriate nature of the action, the Planning and Zoning Board is not involved. STAFF ASSESSMENT: In light of the Conditional use approval received for the use in 1984 staff feels it would be inappropriate to make this site a nonconforming use. Further, if the above information had been available during the adoption of the LDR's the site would have been considered for a CF zoning designation. ALTERNATIVE ACTIONS: 1. Reject the request (this would allow the owner to petition for rezoning through the formal process) 2. Reject the request and direct that the item be processed through the formal rezoning process but waive the rezoning processing fee. 3. Approve the request. RECOMMENDED ACTION: Recommend approval of the ordinance correcting the official Zoning Map from R-lA to CF (Community Facilities) for a portion of lot 11 (the east 390.05 feet of the north 244 feet of the (E 3/4) less the east 33 feet of right of way) lying in Section 20 Township 46 South, Range 43 East on the basis that the change in zoning which made the current use of the property nonconforming was inadvertent and not appropriate. Attachment: * October 21, 1991 Letter from Doak S. Campbell Location map PD/#44/CCCRYS.TXT DOAK S. CAMPBELL, IH ATTORNEY AT LAW 70 S. E. FOURTH AVENUE E) ELRAY BEACH~ FLORIDA 33483 TELE~DHONE TELECO~IER (407) ~78-I890 (407) ~76-5803 October,"1. 1991 Mr. David J. Kovacs Director of Planning and Zoning City of Delray Beach 100 Northwest First Avenue Delray Beach, FL 33444 Re: Crystal Water Company Plant, Swinton Avenue, Delray Beach, Florida Dear David: I represent Gerald J. Paller, the owner of the property known as the Deer Park Water Plant. In 1984, Mt. Pallet made an application to the City of Delray Beach for a conditional use approval for his water bottling plant. On April 24, 1984, the Delray Beach City Council approved the petition and granted conditional use approval in the R-lA zoning category which effectively allowed an existing use to continue by changing the zoning code for this unique situation. It was the intent of the City Council at the time, by such zoning code change and conditional use approval, that the use of the site as a water bottling plant would be a permitted and not a non-conforming use. By discussions with you and staff, I understand that in October of 1990, pursuant to City-wide zoning ordinance changes, the conditional use approval for his site was removed and the water bottling plant use is againa non-conforming one. Since the City's intent at the time of the earlier rezoning was clearly addressing a unique situation, we do not believe that the 1990 zoning changes intended to specifically alter the use on the property. Therefore, on behalf of Mr Paller, we request, pursuant to City Code Section 2.4.7, special relief from the City Commission. The basis for the relief is an inadvertent change in the owner's permitted uses on the site during the City-wide overall zoning changes which were done without specific notice to individual owners. Specifically, the owner requests that the use of the site asa water bottling plant with ancillary uses be reinstated as a permitted use. After you have had a chance to review this request, wo.uld you please let me know if any further documentation or information is necessary in order to process the request. Thank you for your every courtesy and consideration. Very truly )'ours, Doak S. Campbell, III '/' DSC:lb cc: 'Mr. Gerald J. Paller ,':.'~ , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~!~/~.'l ORDINANCE NO. 84-91 DATE: November 27, 1991 This is a second reading of an ordinance correcting the zoning classification for the Deer Park Water Plant located on the west side of South Swinton Avenue between S.E. 7th and 8th Streets from R-IA (Single Family Residential) to CF (Community Facilities) zone district and correcting the Official Zoning Map. The property owner has requested consideration of special relief pursuant to Section 2.4.7 (F)(2) of the Land Development Regulations. With the adoption of the LDRs in October 1990, this property along with other non-residential uses were not included as allowable uses in the R-lA zoning district. The applicant's representative has argued that the use was legitimized on the site by approval of a conditional use request in 1984; and, therefore should not be classified as a non-conforming use under the current R-lA zoning district. The Special Advisory Board at their November 5, 1991 meeting determined that there was a lack of information presented during the formulation of the LDRs which may have affected the rezoning action. Accordingly, they made a determination that an inadvertent action may have occurred. The Planning and Zoning Board is.not required to act of actions of this nature. Recommend approval of Ordinance No. 84-91 on second and final reading.