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Ord 31-04 ORDINANCE NO. 31-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT TO CBD (CENTRAL BUSINESS DISTRICT) DISTRICT; SAID LAND BEING PARCELS OF LAND LOCATED ON THE NORTH AND SOUTH SIDES OF WEST ATLANTIC AVENUE, BETWEEN NW/SW 1sT AVENUE AND NW/SW 12TM AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JULY 2004"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated July, 2004, as being zoned GC (General Commercial) District; and WHEREAS, at its meeting of May 17, 2004, the Planning and Zoning Board for the City of Delray Beach, as Local Plarmmg Agency, considered this item at a public hearing and voted 4 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. 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, be, and the same is hereby amended to reflect a zoning classification of CBD (Central Business District) District for the following described property: Lots 1-11, inclusive /less r/w SR 806/, Lots 12-16, inclusive and Lots 21-25, inclusive, Block 5, Atlantic Gardens, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 14, Page 63, of the Public Records of Palm Beach County, Florida; Together With; Lots 1-11, inclusive /less r/w SR 806/, Lots 12-16, inclusive and Lots 21-25, inclusive, Block 8, Atlantic Gardens, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 14, Page 63, of the Public Records of Palm Beach County, Florida; Together with; TRS B & C, Belair Heights Replat, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 73, Page 17, of the Public Records of Palm Beach County, Florida; Together with; Lots 1 & 2, Lots 7-11, inclusive, and Lots 17 - 20, inclusive, Block 1, Belair Heights, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 20, Page 45, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-6, inclusive, and Lots A & B, Block 2, Belair Heights, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 20, Page 45, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-5 inclusive /less r/w SR 806/, Myricks Subdivision, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 10 Page 79, of the Public Records of Palm Beach County, Florida; Together with; S 145 ft of N 290 ft of E 147 ft of Lot 9, Sub of 17-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4 of the Public Records of Palm Beach County, Florida; Together with; N 50 ft of S 300 ft of E 145 ft of Lot 9, Sub of 17-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1 Page 4 of the Public Records of Palm Beach County, Florida; 2 ORD NO. 31 Together with; W 80 ft of E 300 ft of S 130 ft of N 145 ft of Lot 9/less r/w SR 806/, Sub of 17-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-11 inclusive/less N 20 ft/, Lots 12-16, inclusive and Lots 21-25, inclusive, Block 5, Subdivision of Block 5, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 23, Page 72, of the Public Records of Palm Beach County, Florida; Together with; S 365 ft of N 385 ft of W 135 ft of Blk 13, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; S 80 ft of N 100 ft of E 150 ft & S 250 ft of N 350 ft of E 135 ft of Blk 13, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; S 290 ft of N 310 ft/less E 5 ft SW5t~ Ave r/w/of Blk 21, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; E 150 ft of $ 294.28 ft of Blk 21, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; Lots 9-11, inclusive, Blk 22, Subdivision of the North half of Block 22 Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 10, Page 38, of the public records of Palm Beach County, Florida; 3 ORD NO. 31-04 Together with; Lots 1-3, inclusive, Blk 30, Town of De[ray, a subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; All of Plat, Checkers Atlantic - De[ray Plat, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 71, Page 192, of the Public Records of Palm Beach County, Florida; Together with; All of Plat /less N 20 ft Atlantic Ave r/w/, Blk 29, Resubdivision of Blocks 29 & 37, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach County, Florida; Together with; S 30.S ft of Lot S & N 19.S ft of Lot 6, Blk 29, Town of De[ray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-4, inclusive/less N 20 ft SR 806 rd r/w/, Blk S3, Town of De[ray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-14 inclusive /less S 20 ft SR 806 rd r/w/, Lots 34 & 35, Blk 1, Atlantic Pines, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 13, Page 77, of the Public Records of Palm Beach County, Florida; Together with; Lots 2-7, inclusive/less S 20 ft SR 806 rd r/w/, Lots 9-11, inclusive & Lots 30-32, inclusive, Blk 2, Atlantic Pines, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 13, Page 77, of the Public Records of Palm Beach County, Florida; 4 OR.D NO. 31-04 Together with; Lot 1 & abandoned S 9 ft alley lyg N of& adj to/less E 10 ft/and Lot 6 & abandoned S 11 ft alley lyg N of & adi to, Block 6, Whiddens Subdivision, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 2, Page 58, of the Public Records of Palm Beach County, Florida; Together with; W 274.8 ft of S 1/4 of LOt 10/less E 10 ft NW 9th Ave r/w, W 25 ft NW 10th Ave r/w & SR 806 road r/w/, Sub of 17-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together with; All of plat lyg Ely of & adjacent to NW 9th Ave r/w as in OR 4465 P1517/less E 25 ft NW 8th Ave r/w & SR 806 road r/w/, Fennos J G Sub, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 2, Page 89, of the Public Records of Palm Beach County, Florida; Together with; Parcel A, Delray Amoco, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 69, Page 38, of the Public Records of Palm Beach County, Florida; Together with; N 100 ft of W 130.44 ft of S 1/2, N 142.1 ft of W 130.44 ft of E 155.44 ft of E 1/2 of S 1/2 & W 76 ft of E 101 ft of N 120 ft of S 140 ft of E 1/2 of S 1/2, Blk 4, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; S 1/2 of Blk 12/less S 20 ft SR 806 rd r/w/, Town ofDelray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; 5 ORD NO. 31-04 Together with; Lot 26, Blk 12, Monroe Subdivision, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 14, Page 67, of the Public Records of Palm Beach County, Florida; Together with; N 2S0 ft /less W 135 ft/, Blk 20, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; E 165 ft of S 135 ft & N 70 ft of S 205 ft ore 135 ft, Blk 19, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; Lots 1 - 8, inclusive, Melvin S Burd Sub, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-5, inclusive, Replat of part of Blk 27, Town of Linton, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 21, Page 43, of the Public Records of Palm Beach County, Florida; Together with; Lots 7 & 8, Blk 27, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; Lot 1, Blk 28, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; 6 ORD NO. 31-04 Together with; All of Plat/less TR C-3/, Atlantic Grove, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 96, Page 55, of the Public Records of Palm Beach County, Florida; Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend 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 S. That this ordinance shall become effective immediately upon the effective date of Ordinance 29-04, under which official land use designation of CC (Commercial Core) is affixed to the subject parcel heremabove described. PASSED AND. ADOPTED in regular session on second and final reading on this the ~.c~''k~ day of ~'~)_ ~ ,200~_. ATTEST Acting City Clerk First Reading ~)~~ Second Reading 7 ORD NO. 31-04 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~(~3 t:> - REGULAR MEETING OF OCTOBER 19. 2004 ORDINANCE NO. 31-04 DATE: OCTOBER 15, 2004 This ordinance is before Commission for second reading and quasijudidal hearing for a City initiated rezoning from GC (General Commercial) to CBD (Central Business District) for 41.53 acres of land for properties generally located on the north and south sides of West Atlantic Avenue, between NW/SW 1't Avenue (100 Block) and NW/SW 12m Avenue (1200 Block) within the West Atlantic Avenue Overlay District. The rezoning is associated with a City initiated Future Land Use Map (FLUM) Amendment from GC (General Commercial) to CC (Commercial Core) which is being processed in conjunction with the City's annual Comprehensive Plan Amendment 2004-2. The FLUM amendment and rezoning are being processed in response to direction provided in the adopted Downtown Delray Beach Master Plan. The Plan establishes a blueprint for the revitalization and unification of the City's downtown area, which is generally defined as the entire business corridor from 1-95 to A-1-A. The proposal is for the downtown area to have the same zoning designation, which is CBD. The Planning and Zoning Board held a public hearing regarding this item in conjunction with Comprehensive Plan Amendment 2004-2. There was public testimony in opposition to the request that primarily related to concerns with displacing residences and property owners being forced to sell their properties for redevelopment. It was further explained that the rezoning of the existing commercially zoned properties to CBD was to apply one zoning designation for the downtown area and that it was not associated with any specific development proposal. The Board voted 4-0 to recommend to the City Commission approval of the proposed rezoning, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(D)(5) (Rezoning Findings) and Chapter 3 (Performance Standards). At the first reading on October 5, 2004, the City Commission passed the Ordinance No. 31-04. Recommend approval of Ordinance No. 31-04 on second and final reading. S:\City Clerk\agenda memos\Ord.31.04 West Atlantic Avenue Overlay. 10.19.04 FROM: JEFFREY A. COSTELLO, ASSISTANT ~~OR SUBJECT: MEETING OF OCTOBER 5, 2004 CI~-INITIATED REZONING FROM GC (GENE~L COMMERCIAL) TO CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTIES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDES OF WEST ATLANTIC AVENUE BETWEEN NW/SW ]ST AVENUE (100 BLOCK) AND NW/SW 12TM AVENUE (1200 BLOCK) WITHIN THE WEST ATLANTIC AVENUE OVERLAY DISTRICT. :~:: :: : ~ B~C:KGR:OUN:D~NALY~=.i~'.S:: : The rezoning is associated with a City initiated Future Land Use Map Amendment from GC (General Commercial) to CC (Commercial Core) which is being processed in conjunction with the City's annual Comprehensive Plan Amendment 2004-2 and is scheduled for second reading at the City Commission meeting on October 19, 2004. The FLUM amendment and rezoning are being processed in response to direction provided in the adopted Downtown Delray Beach Master Plan. The Plan establishes a blueprint for the revitalization and unification of the City's downtown area, which is generally defined as the entire business corridor from 1-95 to Ocean Boulevard (A-l-A). The prope~ies in question are located within the West Atlantic Neighborhood, which includes the West Atlantic Avenue Redevelopment Area and is currently zoned CC. The proposal is for the downtown area to have the same zoning designation, which is CBD. The FLUM amendment and rezoning originally included the podion of the tennis center prope~y that fronts Atlantic Avenue; however, due to deed restrictions that limit the development of the prope~y, the tennis center prope~y is being eliminated from this Comprehensive Plan Amendment. Rezoning of a potion of the prope~y to CBD may be considered with a future Comprehensive Plan Amendment. At its meeting of June 22, 2004, the City Commission unanimously approved this rezoning request on first reading; however the rezoning was not properly adve~ised, The ordinance has been properly adve~ised and is now before the Commission for first reading of the ordinance. A full analysis of the proposed FLUM amendment and rezoning is provided in the attached Planning and Zoning Board staff repo~. PLANN:ING R~: ~:NSlDER~IO:N :Ii At its meeting of May 17, 2004, the Planning and Zoning Board held a public hearing on this item in conjunction with Comprehensive Plan Amendment 2004-2. There was public testimony in opposition to the request that primarily related to concerns with displacing residences and prope~y owners being forced to sell their prope~ies for redevelopment. It was fu~her explained that the rezoning of the existing commercially zoned prope~ies to CBD was to apply one zoning designation for the downtown area and that it was not associated with any specific development proposal. The Board voted 4-0 (Pike, Sowards & Walker absent) to recommend approval of the proposed rezoning. ........:::::~: :RECOMMENDED ~GTIoN ~:~: ~ :: : :: ::~]: .... : :: :::::::::::::::::: :::: .... :: : Move to approve on first reading the rezoning from GC (General Commercial) to CBD (Central Business District), by adopting the findings of fact and law contained in the staff repo~, and finding that the request is consistent with the Comprehensive Plan and meets criteria set fo~h in Section 2.4.5(D)(5) and Chapter 3 of the Land Development Regulations, with second reading to occur on and October 19, 2004. Attachments: Planning and Zoning Board staff repo~ of May 17, 2004 & Ordinance by Others ~ ORDINANCE NO. 31-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT TO CBD (CENTRAL BUSINESS DISTRICT) DISTRICT; SAID LAND BEING PARCELS OF LAND LOCATED ON THE NORTH AND SOUTH SIDES OF WEST ATLANTIC AVENUE, BETWEEN NW/SW 1ST AVENUE AND NW/SW 12TM AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JULY 2004"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated July 2004, as being zoned GC (General Commercial) District; and WHEREAS, at its meeting of May 17, 2004, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. 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, be, and the same is hereby amended to reflect a zoning classification of CBD (Central Business Distric0 District for the following described property: Lots 1-11, inclusive/less r/w SR 806/, Lots 12-16, inclusive and Lots 21-25, inclusive, Block 5, Atlantic Gardens, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 14, Page 63, of the Public Records of Palm Beach County, Florida; Together With; Lots 1-11, inclusive/less r/w SR 806/, Lots 12-16, inclusive and Lots 21-25, inclusive, Block 8, Atlantic Gardens, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 14, Page 63, of the Public Records of Palm Beach County, Florida; Together with; TRS B & C, Belair Heights Replat, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 73, Page 17, of the Public Records of Palm Beach County, Florida; Together with; Lots 1 & 2, Lots 7-11, inclusive, and Lots 17 - 20, inclusive, Block 1, Belair Heights, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 20, Page 45, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-6, inclusive, and Lots A & B, Block 2, Belair Heights, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 20, Page 45, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-5 inclusive/less r/w SR 806/, Myricks Subdivision, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 10 Page 79, of the Public Records of Palm Beach County, Florida; Together with; S 145 ft of N 290 ft of E 147 f~ of LOt 9, Sub of 17-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4 of the Public Records of Palm Beach County, Florida; Together with; N 50 ft of S 300 f~ of E 145 ft of Lot 9, Sub of 17-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1 Page 4 of the Public Records of Palm Beach County, Florida; 2 ORD NO. 31-04 Together with; W 80 ft orE 300 fi of S 130 ft of N 145 ft of Lot 9/less r/w SR 806/, Sub of 17-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-11 inclusive/less N 20 fi/, Lots 12-16, inclusive and Lots 21-25, inclusive, Block 5, Subdivision of Block 5, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 23, Page 72, of the Public Records of Palm Beach County, Florida; Together with; S 365 fl of N 385 ft of W 135 fi of Blk 13, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; S 80 fi of N 100 fi of E 150 fi & S 250 fi of N 350 fi of E 135 fi of Blk 13, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; S 290 fi of N 310 fi/less E 5 fi SW5th Ave r/w/ofBlk 21, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; E 150 R of S 294.28 ft of Blk 21, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; 3 ORD NO. 31-04 Together with; Lots 9-11, inclusive, Blk 22, Subdivision of the North half of Block 22 Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 10, Page 38, of the public records of Palm Beach County, Florida; Together with; Lots 1-3, inclusive, Blk 30, Town of Delray, a subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; All of Plat, Checkers Atlantic - Delray Plat, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 71, Page 192, of the Public Records of Palm Beach County, Florida; Together with; All of Plat/less N 20 ft Atlantic Ave r/w/, Blk 29, Resubdivision of Blocks 29 & 37, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach County, Florida; Together with; S 30.5 ft of Lot 5 & N 19.5 ft of Lot 6, Blk 29, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-4, inclusive/less N 20 ft SR 806 rd r/w/, Blk 53, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-14 inclusive/less S 20 ft SR 806 rd r/w/, Lots 34 & 35, Blk 1, Atlantic Pines, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 13, Page 77, of the Public Records of Palm Beach County, Florida; 4 ORD NO. 31-04 Together with; Lots 2-7, inclusive /less S 20 ft SR 806 rd r/w/, Lots 9-11, inclusive & Lots 30-32, inclusive, Blk 2, Atlantic Pines, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 13, Page 77, of the Public Records of Palm Beach County, Florida; Together with; Lot 1 & abandoned S 9 ft alley lyg N of & adj to/less E 10 fl/and Lot 6 & abandoned S 11 ft alley lyg N of & adj to, Block 6, Whiddens Subdivision, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 2, Page 58, of the Public Records of Palm Beach County, Florida; Together with; W 274.8 ft of S 1/4 of Lot 10/less E 10 ft NW 9th Ave r/w, W 25 ft NW 10th Ave r/w & SR 806 road r/w/, Sub of 17-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together with; All of plat lyg Ely of& adjacent to NW 9th Ave r/w as in OR 4465 P1517/less E 25 ft NW 8th Ave r/w & SR 806 road r/w/, Fennos J G Sub, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 2, Page 89, of the Public Records of Palm Beach County, Florida; Together with; Parcel A, Delray Amoco, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 69, Page 38, of the Public Records of Palm Beach County, Florida; Together with; N 100 ft of W 130.44 ft of S 1/2, N 142.1 ft of W 130.44 ft of E 155.44 ft of E 1/2 of S 1/2 & W 76 fl of E 101 ft of N 120 ft of S 140 ft of E 1/2 of S 1/2, Blk 4, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; 5 ORD NO. 31-04 Together with; S 1/2 of Blk 12/less S 20 fi SR 806 rd r/w/, Town ofDelray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; Lot 26, Blk 12, Monroe Subdivision, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 14, Page 67, of the Public Records of Palm Beach County, Florida; Together with; N 250 ft/less W 135 fV, Blk 20, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; E 165 ft of S 135 ft & N 70 ft of S 205 ft of E 135 ft, Blk 19, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; Lots 1 - 8, inclusive, Melvin S Burd Sub, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-5, inclusive, Replat of part of Blk 27, Town of Linton, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 21, Page 43, of the Public Records of Palm Beach County, Florida; 6 ORD NO. 31-04 Together with; Lots 7 & 8, Blk 27, Town ofDelray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; Lot 1, Blk 28, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; All of Plat/less TR C-3/, Atlantic Grove, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 96, Page 55, of the Public Records of Palm Beach County, Florida; Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend 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 the effective date of Ordinance 29-04, under which official land use designation of CC (Commercial Core) is affixed to the subject parcel hereinabove described. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ,200__. 7 ORD NO. 31-04 ATTEST M A Y O R City Clerk First Reading. Second Reading. 8 ORD NO. 31-04 PLANNING AND ZONING BO. CITY OF DELRAY BEACH --STAFF REPORI~-- MEETING DATE: May 17, 2004 AGENDA ITEM: III.A.2.B. ITEM: cityinitiated Future Land Use Map Amendment from GC (General Commercial) In Part and CF-P (Community Facilities-Public Buildings) In Part to CC (Commercial Core) and Rezoning From GC (General Commercial) In Part and CF (Community Facilities) To CBD (Central Business District) For Properties Generally Located on the North and South Sides of West Atlantic Avenue Between NWISW Is~ ,~,venue (100 Block) and NW/SW 12th Avenue (1200 Block) Within the West Atlantic Avenue Overlay District (Quasi-Judicial Hearing). GENERAL DATA: Owner. .......................................... City Initiated Location ........................................ Generally located on the north and south sides of West Atlantic Avenue between NW/SW 1~ Avenue (100 Block) and NW/SW 12m Avenue (1200 Block) Property Size ................................. 42.88 Acres Future Land Use Map .................... CF-P (Community FacUlties-Public Building) & GC (General Commercial) Proposed FLUM ............................ CC (Commercial Core) Current Zoning ..............................GC (General Commercial) & CF (Community Facilities) Proposed Zoning ........................... CBD (Central Business District) Adjacent Zoning .................. North: GC (General Commercial) East: GC & RM (Medium Density Residential) South: RM West: GC & RM Existing Land Use ...................... '.. Commercially zoned properties and Tennis Center Parking Lot. Water Service ............................... Sewer Service ...............................nla III A ~_i: t ~ ~---.-.~- .-~..2 ~_.'-~ i~~-: ~ q ~ The action before the Board is that of making a recommendation to the City Commission on a City initiated Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District) for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW Ist Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments or Rezoning of any property within the City. At its meeting of March 19, 2002, the City Commission adopted the Downtown Delray Beach Master Plan, which establishes a blueprint for the revitalization and unification of the City's downtown area. This area is generally defined as the entire business corridor from 1-95 to Ocean Boulevard (A-I~A). The Master Plan divides the downtown business area into three districts, the West Atlantic Neighborhood from Interstate 95 to Swinton Avenue, the Central Core District, from Swinton Avenue to the Intracoastal Waterway and the Beach District, east of the Intracoastal Waterway to the beach. The Master Plan includes several general recommendations and a series of proposals for each of the three districts. Future development in the area must be in accordance with the provisions of both the Downtown Delray Beach Master Plan and the West Atlantic Avenue Redevelopment Plan (adopted in 1995). The properties in question are located within the West Atlantic Neighborhood, which includes the West Atlantic Avenue Redevelopment Area. The properties currently zoned GC (General Commercial) encompass 41.81 acres, while the property zoned CF (Community Facilities) involves 1.07 acres (42.88 acres total). REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 2 Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Downtown Delray Beach Master Plan. The proposed FLUM amendments will assign a Future Land Use Map designation of CC (Commercial Core) and the proposed rezoning to CBD (Central Business District) is consistent with this FLUM designation. These changes will apply the same zoning designation that currently exists for the downtown area, east of Swinton Avenue (CBD). The CBD and GC zoning districts accommodate mixed-use development. The CBD zoning is consistent with the CC FLUM designation. Thus, positive findings can be made regarding consistency of the FLUM and zoning designations. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: · Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM _. designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The adopted Downtown Delray Beach Master Plan includes recommendatiOns for redevelopment of the subject properties. The proposed FLUM amendments and associated rezonings will fulfill the following policies: Future Land Use Element Policy C-4.2 The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-l-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the 'Village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 3 The above policy and adopted Downtown Deiray Beach Master Plan characterizes the City's downtown area as the commercial areas surrounding the Atlantic Avenue corridor, between 1-95 and State Road A-1-A (Ocean Boulevard). The Master Plan is the Citizens' vision for the growth and unification of Delray Beach. It represents the ultimate growth and form of the community and the creation of a recognizable and seamless center for our city. During the development of the Master Plan three neighborhoods and districts were identified for the downtown area: The West Atlantic Neighborhood, The Central Core, and the.Beach District. The goal is to include these districts within one zoning classification - the CBD (Central Business District). Besides the changes to the commercial designation, the Master Plan includes general recommendations and a series of proposals for each of the districts, which includes the Tennis Center frontage associated with the FI_UM amendment and Rezoning request. The Master Plan specifically addresses the parking lot in front of the Tennis Center and the need for filling in this gap along the Avenue. The parking lot is seldom used to its maximum capacity, except dudng special events and for a few days dudng the season. While the Center is a positive addition to the City, the 600' expanse of parking along Atlantic Avenue interrupts the urban fabric and is not conducive to a pedestrian friendly environment. This unfriendly environment impacts the physical structure of the Avenue and acts as a barrier between the West Atlantic Neighborhood and the Commercial Core, which reinforces the perceived social barriers. The Master Plan proposes the construction of three liner buildings on this parking lot fronting the Avenue, and the creation of a plaza in front of the existing Tennis Center clubhouse building. However, the CF regulations do not accommodate the mix of commercial and residential uses envisioned for this frontage. Improvements pursuant to the Plan will have a positive influence and will make the pedestrian transition between the two districts more inviting and uninterrupted. In addition to the above, a directive of the Downtown Delray Beach Master Plan was to create design guidelines (LDRs) to guide future development in the downtown area in a manner that will preserve the character of the area. The City has recently adopted the design guidelines which have requirements that relate specifically to the three districts referenced above. The intent is apply one zoning designation (CBD) for the downtown area, which will have the three distinctive sub-areas/districts. The adoption of the design guidelines and the proposed rezoning to CBD are just couple of the many recommendations and strategies called for in the Plan to address goal for unity, while guiding the revitalization and redevelopment of the City's downtown. Future Land Use Element Policy C-1.5: The' fo/lowing pertains to the Atlantic AVenue Redevelopment Area: This area extends in a corridor along At/antic Avenue eastward from 1-95 to Swinton Avenue. The present land uses in this area include single family homes, duplexes, mini- parks, commercial uses along Atlantic Avenue and N.W. 5th Avenue, and scattered vacant parcels. The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on July 11, 1995. The plan establishes Future l-and Use A, fap designations, zonings, Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 4 special development standards, and design guidelines for the Redevelopment Area. Future development in the area must be in accordance with the provisions of the redevelopment plan... The plan calls for pedestrian orientation and no parking between structures and the Atlantic Avenue right-of-way, with a preference for parking located to the rear of any structure. While the parking at the tennis center was not specifically referenced within the West Atlantic Avenue Redevelopment Plan, the Plan generated conceptual plans for each block with commercial zoning along the Avenue. These plans were based upon vital, urban design principles including the principle that buildings on the Avenue should be situated adjacent to the public, pedestrian sidewalk, and parking should be placed in the rear. · Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. As stated above, the proposal will be consistent with the goals, objectives and policies of the City's Comprehensive Plan as it relates to Future Land Use Element Policies C-1.5 and C-4.2, the adopted Downtown Delray Beach Master Plan, and the adopted West Atlantic Avenue Redevelopment Plan. · Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposed FLUM amendment from GC and CF-P to CC and Rezoning from GC and CF to CBD will accommodate development at the same intensity as that which can occur under the current designations. In essence, the change is from one commercial designation to another with the same development potential. Development under either the GC or CBD scenario will accommodate the same intensity of development consistent with the adopted Downtown Delray Beach Master Plan and West Atlantic Avenue Redevelopment Plan. With regard to the tennis center frontage, the CF zoning currently allows similar and even more intense uses than are accommodated within the proposed CBD zoning district. The uses allowed under the CF-P (Community Facilities - Public Buildings) Future Land Use Map designation and the CF zoning district can accommodate large venues that are more regionally-oriented from a traffic perspective (i.e. the Tennis Center Stadium) while the uses allowed in the CBD are typically more locally oriented. City facilities such as water, sewer, and drainage have sufficient capacity to handle development of this area at the potential development intensity allowed under the proposed CC FLUM designation. Similarly, solid waste can be accommodated by existing County facilities. As the majority of the properties are located in the TCEA (Transportation Concurrency Exception Area) and are changing to a land use designation of similar development potential, traffic is not an issue. The Open Space and Recreation Element of the Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards'; A park impact fee is collected to offset any impacts that individual projects may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 5 park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each residential unit. School concurrency will be addressed with future proposals for residential development; however no problems are anticipated. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. · Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As previously stated, the FLUM amendments and rezonings for these properties generally involve the change in zoning from one commercial zoning designation to another with the same development potential. The proposal does not expand the commercial boundaries from those that currently exist, except with regard to the tennis center frontage, which is within the commercial corridor. -' Based upon the above, the proposed FLUM amendments and Rezoning to CBD are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. · Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the requested designation shall comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use or site plan request as applicable. .................... ~'~' ~ ",~ ..... '.~'1~ ~, REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 {Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.1 (Basis for Determininq Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 6 sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall ~ consistency [Section 3.1.1 (C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezonin_~ Actions): Standards A, B, C and E are not applicable with .respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new** use. As previously stated, the FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Downtown Delray Beach Master Plan. As discussed under Future Land Use Element Policy A-1.7, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Also, there are development regulations currently in place to mitigate any potential impacts with adjacent properties. Section 2.4.5(D){5) {Rezonin.q Findin_cls): .) Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the proposed rezonings are "b" and "c": based on the following: The proposed rezonings are required to implement the provisions of the Downtown Delray Beach Master Plan. In order to implement the development scenarios identified in the Plan, rezoning of the subject properties is appropriate as there has been a change in circumstances which make the current zoning inappropriate. The requested zoning is of similar intensity and is more appropriate given the direction identified in the Comprehensive '~ Plan. -- Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Oveday District Page 7 COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. No formal land development application has been received for the subject property. Any proposed development will need to comply with the Land Development Regulations. ,.~ .__~.__~_ .~~ ...... ~.~.. ......... ~ ~£:.~ ~ ._~,. ~-.E."_..~. __;;~ _'~;;'=~}-Z2 7. ....................... Community Redevelopment A_oenc¥: At its meeting of April 22, 2004, the CRA Board reviewed and recommended approval of the FLUM amendments and rezonings to Central Business District (CBD). Downtown Development Authority At its meeting of April 21, 2004, the DDA reviewed and recommended approval of the FLUM amendments and rezonings to Central Business District (CBD). West Atlantic Redevelopment Coalition At its meeting of April 14, 2004, the WARC reviewed and recommended approval of the FLUM amendments and rezonings to Central Business District (CBD). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · Atlantic Park Gardens · Paradise Heights · Chamber of Commerce · PROD (Progressive Residents of Delray) · Delray Merchants Association · President's Council · Ebony of Delray ° West Settlers Historic Distdct · Gateway · West Side Heights · Lincoln Park Public Notice: Formal public notice has been provided to the affected property owners as well as property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Downtown Delray Beach Master Plan. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Oveday District Page 8 the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. A. Continue with direction. B. Recommen~l to the City Commission approval of Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District), for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW Ist Avenue (100 Block) and NW/SW 12~h Avenue (1200 Block) within the West Atlantic Avenue Overlay District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(D)(5) and Chapter 3 of the Land Development Regulations. C. Recommend denial of the Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning From GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District) for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW Ist Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District, by finding that the request and approval thereof is inconsistent with the Comprehensive Plan and do not meet criteria set forth in Sections 2.4.5(G)(5) and Chapter 3 of the Land Development Regulations. Recommend to the City Commission approval of Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District), for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW 1s' Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(D)(5) and Chapter 3 of the Land Development Regulations. Attachments: · Current & Proposed Future Land Use Map _) · Current & Proposed Zoning Map CITY OF DELRAY BEACH NOTICE OF PROPOSED REZONING * A R~-,.,,~-,j FIIOM GC [q~(mmd Cema} TO CBD (Centrd Business Dishkt) fro' 41.53 acres d kind for prop~ gmmaly hxaled m ~ nad~ md sou~ sides of Wed Atlantic Avmue, I~dwee~ NW/q~/ls~ Aven~e (100 Blockl md NW/SW 12th Aveme (1200 Rhxk} wflhin the West Admfic Avenue Ovedoy Dis~d. BBffG I~(~S OF UUff) LOC~ ON filE #0R111 AgD SOUTH SIDES OFWlSTAflAff11C AVENUE, BEIWEEN NW/S'W 1ST AVENUE ~D NW/~N 12111 AVENUE, ~ MORE F~L11CUL6RLY DESCPJBI~ Hg.g#; AMENDING ~ONING MAe OF DELRAY BEA~t, flORIDA, JUff 2004'; I~OVIIgNG A G~I~U. RI~ CLAUSE, A SAVING CLAUSE, AND AN Eff~ DAlE ~~e ~ ~, I~ N.~ lUAu, ~ ~, ~ ~,a~~b~~~ 19, 2~, ~ 7~ P~(a~ ~- N.W. 1~ A~, ~ B~, ~ 3~ (~ ~ ~~) m by ~i~ 561/24~7~), ~ 8E~EA~N ~ ~ D~ON ~EBY~E ~ CO~gON~ R~ ~ ~ ~ ~D~ ~ ~ fl~, ~ ~N ~ N~ ~ ~RE ~T A ~M RECORD IN~D~ ~E ~0~ ~D ~D~ U~N ~1~ ~E ~ ~ TO BE B~. ~E C~ ~ NOT ~O~DE NOR ~E ~ ~0~ ~ F& ~.0105. ~ OF D~Y B~ ~D.N~ T~I~ cc'. DELRAY BEACH *A~ m~(~ ~)~D(~ ~}~41~ ~ B~, ~ORI~ JU~ ~'; ~O~DIK posed mdincmcL h fi~t Pubk Headng v4 be hdd off 1UESDAY, OCTOBER S, 2OO4; AT 7.-OO ~ G~m-.Ix~s .t Cdy Ih3l, 1 O0 ILW. 1st Avenue, Ddmy Be.(h, FJo~d.. ff h ix~p)sed ordinan~ is passed on ~ receding, o secofld r,l~ic Ih~mhlg wi be hekl o. TUESDAY, OCTQeER 19, 20Q4, AT 7:00 P.M. (or ~d any ~ Al intensfed diizens are imifed to .fte.d dte pu6k heekgs and ~.mmeflf upcm Ihe p~t~F~ed onim)xe or sfJm't dmk ItW ~st A~,., Die/Be.~, ~ 33444 (.1mil .t ~~) or I,y c,~ S61/2'13-~040), INCLUDES 1HE ~ AND EYfl)ENC[ UPON WHi~ 1HE AFl,AL'IS TO BE B/~Si]). 'lflE CIIY DOES HOT i~OVIDE NOR ~B,I]~,E SUOl RI'CORD PUIt~L4HI' TO F.5. 286.0105.