Ord 48-04 ORDINANCE NO. 48-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE MAP DESIGNATION AS
CONTAINED IN THE COMPREHENSIVE PLAN FROM
TRN 0qLANSITIONAL) IN PART, RM (MEDIUM
DENSITY RESIDENTIAL 5-12 DU/AC) IN PART AND OS-
C (OPEN SPACE, CONSERVATION) IN PART TO OS-C
(OPEN SPACE, CONSERVATION), AND FROM TRN
CIT, ANSITIONAL) TO MD (MEDIUM DENSITY
RESIDENTIAL 5-12 DU/AC; ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS
FOR SMAI.I. SCALE LAND USE PLAN AMENDMENTS;
REZONING AND PLACING LAND PRESENTLY ZONED
POD (PROFESSIONAL AND OFFICE DISTRICT)
DISTRICT IN PART, RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT IN PART AND CD
(CONSERVATION) DISTRICT IN PART TO OS (OPEN
SPACE) DISTRICT, AND FROM POD (PROFESSIONAL
AND OFFICE DISTRICT) TO RM (MEDIUM DENSITY
RESIDENTIAL); SAID LAND BEING GENERAI.I.Y
LOCATED ON THE EAST SIDE OF US HIGHWAY NO.1,
BETWEEN SE 10TM STREET AND LINTON BOULEVARD,
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 City Commission, acting in its legislative capacity desires to initiate the
Future Land Use Map (FLUM) amendment and rezoning for the hereto after described parcels; and
WHEREAS, The City of Delray Beach and FIND (Florida Inland Navigation District), are
the fee simple owners of a 4.47 acre parcel of land hereinafter described as Exhibit "A" located on
the east side of US Highway No. 1, between SE l0th Street and Linton Boulevard (approximately
650 feet south of SE 10th Street); and
WHEREAS, Delray Harbor Club Association, Inc. is the fee simple owner of a 0.13 acre
parcel of land hereinafter described as Exhibit "B" located on the east side of US Highway NO. 1,
between SE l0th Street and Linton Boulevard (approximately 900 feet south of SE 10th Street); and
WHEREAS, the subject property hereinafter described as Exhibit "A" has an existing
Future Land Use Map (FLUM) designation of TRN (Transitional) in part, MD (Medium Density
Residential 5-12 du/ac) in part and OS-C (Open Space, Conservation) in part; and
WHEREAS, the subject property hereinafter described as Exhibit "B" has an existing
Future Land Use Map (FLUM) designation of TRN ~Transifional); and
WHEREAS, the property hereinafter described as Exhibit "A" is shown on the Zoning
District Map of the City of Delray Beach, Florida, dated July, 2004, as being zoned POD
(Professional and Office District) District in part, RM (Medium Density Residential) District in part
and CD (Conservation) District in part; and
WHEREAS, the property hereinafter described as Exhibit "B" is shown on the Zoning
District Map of the City of Delray Beach, Florida, dated July, 2004, as being zoned POD
(Professional and Office District) District; 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 Future Land Use Map designation of the property described as Exhibit
"A" is hereby officially affixed as OS-C (Open Space, Conservation).
Section 2. That the Future Land Use Map designation of the property described as Exhibit
"B" is hereby officially affixed as MD (Medium Density Residential 5-12 du/ac).
Section 3. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning dassification of OS (Open Space) District for the parcel
of land described as Exhibit "A".
Section 5. 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 RM (Medium Density Residential)
District for the parcel of land described as Exhibit "B".
2 ORD NO. 48-04
Section 6. 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 De[ray Beach, Florida, to conform
with the provisions of Section 4 and Section 5 hereof.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 8. 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 9. That this ordinance shall become effective as follows: thirty-one 01) days after
adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged,
the effective date of this amendment shall be the date a final order is issued by the Depaxtment of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Depaxtment of Community Affairs, Bureau of Local Planning, 2740 Centex'view
Drive, Tallahassee, Florida 32399-2100.
P~ASSED AND ADOPTED in regular session on second and final reading on this
the X~L'~day of (~)~ ,2004_,.
A'ITEST ~
Acting City Clerk
First Reading
3 ORD NO. 48-04
Legal Description of Parcels:
Exhibit "A"
Parcel 1
That portion of Lot 11, Block 1, Model Land Company's Map of Section 21, Township 46 South,
Range 43 East, according to the Plat thereof as recorded in Plat Book 1, Page 128, Public Records
of Palm Beach County, Florida, and that portion of The Comiche Replat 1, according to the Plat
thereof as recorded in Plat Book 79, Page 50, Public Records of Palm Beach County, Florida
described as follows:
Beginning at the Southwest comer of Lot 27, Block 2 of said Model Land Company's Map of
Section 21; thence N 89° 58' 31" W., along the westerly projection of the South line of said Lot 27, a
distance of 218.60 feet to a point on the East right-of-way line for US Highway No 1; thence N 32°
03' 14" E, along said East right-of-way, a distance of 100.00 feet to the Southwest comer of Tract
"A" of said Plat of The Comiche Replat 1; thence S 89° 58' 31"E, along the South line of said Tract
"A", a distance of 4.09 feet to a point on a non-tangent curve concave to the northeast having a
central angle of 107°16' 55" and a radius of 31.50 feet; thence South, Southeasterly and East, along
the arc of said curve whose chord bears S 36° 20' 04"E, a distance of 58.98 feet; thence N 32° 02'
19"E a distance of 194.30 feet to a point on the East line of said Plat of The Comiche Replat 1;
thence S 0023' 4"W, along said East line and along the West Line of said Lot 27, Block 2, of Model
Land Company's Map of Section 21, a distance of 208.67 feet to the point of beginning.
Parcel 2:
That portion of Lot 27, Block 2, Model Land Company's Map of Section 21, Township 46 South,
Range 43 East, according to the Map or Plat thereof as recorded in Plat Book 1 Page 128, Public
Records of Palm Beach County, Florida, lying West of the West right-of-way of the Intracoastal
Waterway, as shown in Plat Book 17, Page 17B, Public Records of Palm Beach County, Florida, less
that portion of said Lot 27 lying in the Plat of the Comiche Replat 1, according to the Plat thereof
recorded in Plat Book 79, Page 50, Public Records of Palm Beach County, Florida.
4 ORD NO. 48-04
Exhibit "B"
A portion of Tract "A", The Comiche Replat 1, according to the Plat thereof as recorded in Plat
Book 79, Page 50, Public Records of Palm Beach County, Florida, described as follows:
Beginning at the Southwest comer of said Tract "A", thence S 89° 58' 31" E, along the South line of
said Tract "A", a distance of 89.43 feet; thence N 32° 02' 19" E, a distance of 28.29 feet to a point
on the North line of said Tract "A"; thence N 89° 58' 31" W along the North line of said Tract "A",
a distance of 44.30 feet; thence N 28° 58' 08" W, along the north line of said Tract "A" a distance of
43.73 feet to a point on the West line of said Tract "A" and a point on the East right-of-way line of
U.S. Highway No 1; thence S 32° 03' 14" W, along the West line of said Tract "A" and along the
said East right-of-way line, a distance of 73.42 feet to the point of beginning.
Together With
A portion of Lot 11, Block 1, Model Land Company's Map of Section 21, Township 46 South,
Range 43 East, according to the Plat thereof as recorded in Plat Book 1, Page 128, Public Records
of Palm Beach County, Florida, described as follows:
Commencing at the Southwest comer of Tract "A", The Corniche Replat 1, according to the Plat
thereof as recorded in Plat Book 79, Page 50, Public Records of Palm Beach County, Florida; thence
S 89° 58' 31" E, along the South line of said Tract "A", a distance of 4.09 feet to the point of
beginning; thence continue S 89° 58' 31" E along the South line of said Tract "A", a distance of
85.34 feet; thence S 32° 02' 19" W, a distance of 48.19 feet; thence N 89° 58' 31" W a distance of
29.71 feet to a point on a curve concave to the northeast having a central angle of 107° 16' 55" and a
radius of 31.50 feet; thence northwest, along the arc of said curve, a distance of 58.98 feet to the
point of beginning.
5 ORE} NO. 48-04
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
1
SUBJECT: AGENDA ITEM # ~ K)/~ - REGULAR MEETING OF OCTOBER 19, 2004
ORDINANCE NO. 48-04
DATE: OCTOBER 15, 2004
This ordinance is before Commission for second reading and a quasijudidal hearing for City Initiated Future
Land Use Map (FLUM) Amendments for two separate parcels that are part of land swap activity associated
with the establishment of the Intracoastal Park site. The first parcel is a small-scale (FLUM) Amendment
from TRN (Transitional) to MD (Medium Density Residential 5-12 dwelling units per acre) and rezoning
from POD (Professional and Office District) to RM (Medium Density Residential) for a 0.13 acre parcel
that is currently owned by the Delray Harbor Club. The second parcel is a small-scale FLUM Amendment
from TRN (Transitional), MD (Medium Density Residential 5-12 dwelling units per acre), and OS-C (Open
Space-Conservation) to OS-C (Open Space-Conservation) and rezonmg from POD (Professional and
Office District), RM (Medium Density Residential), and CD (Conservation District) to OS (Open Space)
which consists of 4.47 acres, generally located on the east side of South Federal Highway between S.E. l0th
Street and Linton Boulevard.
The proposed FLUM Amendments and rezonings are associated with two different portions of properties
that include land conveyed to the Delray Harbor Club to accommodate additional parking with the
remainder to contain a passive conservation area, additional boat ramps, and associated parking for the
Intracoastal Park. A Real Property Exchange Agreement between the City, the Florida Inland Navigation
District, and the Delray Harbor Club was executed to accommodate the land swaps between the parties.
Future land use and zoning changes are necessary to reflect the appropriate designations to accommodate
the future uses.
The Planning and Zoning Board held a public hearing in conjunction with the Rezoning and FLUM
amendment requests. Several members of the public representing the residential development
(Harbourside) were in attendance. One person from the public spoke and did not see the need for
additional boat ramps and suggested that development be limited to additional parking for overflow from
Knowles Park. After reviewing the staff report and discussing the proposal, the Board voted 4-0 to
recommend to the City Commission approval of the rezoning and FLUM amendment requests, 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 2.4.502))(5) (Rezoning Findings),
Section 3.1.1 (Required Findings), and Section 3.2.2 (Standards for Rezoning Actions).
At the first reading on October 5, 2004, the City Commission passed the Ordinance No. 48-04.
Recommend approval of Ordinance No. 48-04 on second and final reading.
S:\City Clerk\agenda memos\Ord.48.04 Intracoastal Park.10.19.04
TO: DAVID~AR~ N,~TY~ MANAGE R
THRU: PAUL DORUNG, DIRECTO!~ OF PLANNII~IG AND ZONING
( /
FROM' SCOTT D. PAPE, SENIOR-PLANNER~[~y-_~.~_
SUBJECT: MEETING OF OCTOBER 19, 2004
CITY INITIATED FUTURE LAND USE MAP AND ZONING MAP
AMENDMENTS FOR TWO SEPARATE PARCELS THAT ARE PART OF
LAND SWAP ACTIVITY ASSOCIATED WITH THE ESTABLISHMENT OF
THE INTRACOASTAL PARK SITE. THE FIRST PARCEL IS A SMALL-
SCALE FUTURE LAND USE MAP AMENDMENT FROM TRN
(TRANSITIONAL) TO MD (MEDIUM DENSITY 5-12 DU/AC) AND REZONING
FROM POD (PROFESSIONAL AND OFFICE DISTRICT) TO RM (MEDIUM
DENSITY RESIDENTIAL) FOR 0.13 ACRE THAT IS CURRENTLY OWNED
BY THE DELRAY HARBOR CLUB. THE SECOND PARCEL IS ALSO A
SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM TRN, MD
AND OS-C (OPEN SPACE - CONSERVATION) TO OS-C (OPEN SPACE -
CONSERVATION) AND REZONING FROM POD (PROFESSIONAL AND
OFFICE DISTRICT), RM (MEDIUM DENSITY RESIDENTIAL) AND CD
(CONSERVATION DISTRICT) TO OS (OPEN SPACE) THAT CONSISTS OF
4.47 ACRES.
The proposed FLUM and Rezonings are associated with two different portions of properties
that include land conveyed to the Delray Harbor Club to accommodate additional parking with
the remainder to contain a passive conservation area, additional boat ramps, and associated
parking for the Intracoastal Park.
Over the past year the City has been negotiating with FIND (Florida Inland Navigation
District) to obtain a 30 year lease on MSA Tract 650. This lease would allow the City to
utilize the property for the construction of additional boat ramps for the public. The need for
additional boat ramps is identified in the Comprehensive Plan as an unmet need in the City.
During this process the adjacent residential development Delray Harbor Club expressed a
desire to do some parking improvements on the adjacent property. Given the common
interests in this area, the City, FIND and Delray Harbor Club have been collaborating to
achieve the most efficient design. To this end a Real Property Exchange Agreement has
been executed which involved land swaps between the parties. With this exchange
completed, future land use and zoning changes are necessary to reflect the appropriate
designations to accommodate the future uses.
At its meeting of September 7, 2004, the City Commission initiated the small-scale Future
Land Use Map amendments and zoning changes for both portions of the Delray Harbor Club
and Intracoastal Park sites.
City Commission Documentation
Meeting of October 19, 2004
FLUM Amendment and Rezoning
Page 2
I
At its meeting of September 27, 2004, the Planning and Zoning Board held a public hearing
in conjunction with the Rezoning and FLUM amendment requests. Several members of the
public representing the residential development (Harbourside) were in attendance. One
person from the public spoke and did not see the need for additional boat ramps and
suggested that development be limited to additional parking for overflow from Knowles Park.
After reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0
(Morris, Borchardt, Walker absent) to recommend that the requests be approved 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 the criteria set forth in
Section 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations.
By motion, approve on first reading the ordinance for the proposed City initiated small scale
FLUM Amendment from TRN (Transitional) to MD (Medium Density 5-12 du/ac) and rezoning
from POD (Professional and Office District) to RM (Medium Density Residential) for land with
a total acreage of 0.13 acres that has been conveyed to the Delray Harbor Club. Further,
approve a small scale Future Land Use Map Amendment from TRN, MD and OS-C (Open
Space - Conservation) to OS-C (Open Space - Conservation) and rezoning from POD
(Professional and Office District), RM (Medium Density Residential) and CD (Conservation
District) to OS (Open Space) for land with a total acreage of 4.47 acres to accommodate the
Intracoastal Park, 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 the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development
Regulations and recommendation of the Planning and Zoning Board.
Attachments: P & Z Staff Report of September 27, 2004 & Ordinance
ORDINANCE NO. 48-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE MAP DESIGNATION AS
CONTAINED IN THE COMPREHENSIVE PLAN FROM
TRN (TRANSITIONAL) IN PART, RM (MEDIUM
DENSITY RESIDENTIAL 5-12 DU/AC) IN PART AND OS-
C (OPEN SPACE, CONSERVATION) IN PART TO OS-C
(OPEN SPACE, CONSERVATION), AND FROM TRN
CFRANSITIONAL) TO MD (MEDIUM DENSITY
RESIDENTIAL 5-12 DU/AC; ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS
FOR SMALL SCALE LAND USE PLAN AMENDMENTS;
REZONING AND PLACING LAND PRESENTLY ZONED
POD (PROFESSIONAL AND OFFICE DISTRICT)
DISTRICT IN PART, RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT IN PART AND CD
(CONSERVATION) DISTRICT IN PART TO OS (OPEN
SPACE) DISTRICT, AND FROM POD (PROFESSIONAL
AND OFFICE DISTRICT) TO RM (MEDIUM DENSITY
RESIDENTIAL); SAID LAND BEING GENEKAIJ.Y
LOCATED ON THE EAST SIDE OF US HIGHWAY NO.1,
BETWEEN SE lffm STREET AND LINTON BOULEVARD,
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 City Commission, acting in its legislative capacity desires to initiate the
Future Land Use Map (FLUIV0 amendment and rezoning for the herein after described parcels; and
WHEREAS, The City of Delray Beach and FIND (Florida Inland Navigation District), are
the fee simple owners of a 4.47 acre parcel of land hereinafter described as Exhibit "A" located on
the east side of US Highway No. 1, between SE l0th Street and Linton Boulevard (approximately
650 feet south of SE l0th Street); and
WHEREAS, Delray Harbor Club Association, Inc. is the fee simple owner of a 0.13 acre
parcel of land hereinafter described as Exhibit "B" located on the east side of US Highway NO. 1,
between SE 10th Street and Linton Boulevard (approximately 900 feet south of SE 10th Street); and
WHEREAS, the subject property hereinafter described as Exhibit "A" has an existing
Future Land Use Map (FLUM) designation of TRN (Transitional) in part, MD (Medium Density
Residential 5-12 du/ac) in part and OS-C (Open Space, Conservation) in part; and
WHEREAS, the subject property hereinafter described as Exhibit "B" has an existing
Future Land Use Map (FLUM) designation of TRN (Transitional); and
WHEREAS, the property hereinafter described as Exhibit "A" is shown on the Zoning
District Map of the City of De[ray Beach, Florida, dated July, 2004, as being zoned POD
(Professional and Office District) District in part, RM (Medium Density Residential) District in part
and CD (Conservation) District in part; and
WHEREAS, the property hereinafter described as Exhibit "B" is shown on the Zoning
District Map of the CiD, of Delray Beach, Florida, dated July, 2004, as being zoned POD
(Professional and Office District) District; and
WHEREAS, it is appropriate that the Zoning District Map of the City of De[ray 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 FO!.I.OWS:
Section 1. That the Future Land Use Map designation of the property described as Exhibit
"A" is hereby officially affixed as OS-C (Open Space, Conservation).
Section 2. That the Future Land Use Map designation of the property described as Exhibit
"B" is hereby officially affLxed as MD (Medium Density Residential 5-12 du/ac).
Section 3. That the City of De[ray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 4. That the Zoning District Map of the City. of De[ray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of OS (Open Space) District for the parcel
of land described as Exhibit "A".
Section 5. That the Zoning District Map of the City of De[ray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of RM (Medium Densi~ Residential)
District for the parcel of land described as Exhibit "B".
2 ORD NO. 48-04
Section 6. 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 4 and Section 5 hereof.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 8. 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 9. That this ordinance shall become effective as follows: thirty-one (31) days after
adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged,
the effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Department of Community Affairs, Bureau of Local Planmng, 2740 Centerview
Drive, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this
the ~ day of ,200__.
ATTEST M A Y O R
Acting City Clerk
First Reading
Second Reading
Legal Description of Parcels:
3 ORD NO. 48-04
Exhibit "A"
Parcel 1
That portion of Lot 11, Block 1, Model Land Company's Map of Section 21, Township 46 South,
Range 43 East, according to the Plat thereof as recorded in Plat Book 1, Page 128, Public Records
of Palm Beach County, Florida, and that portion of The Comiche Replat 1, according to the Plat
thereof as recorded in Plat Book 79, Page 50, Public Records of Palm Beach County, Florida
described as follows:
Beginning at the Southwest comer of Lot 27, Block 2 of said Model Land Company's Map of
Section 21; thence N 89° 58' 31" W., along the westerly projection of the South line of said Lot 27, a
distance of 218.60 feet to a point on the East right-of-way line for US Highway No 1; thence N 32°
03' 14" E, along said East right-of-way, a distance of 100.00 feet to the Southwest comer of Tract
"A" of said Plat of The Comiche Replat 1; thence S 89° 58' 31"E, along the South line of said Tract
"A", a distance of 4.09 feet to a point on a non-tangent curve concave to the northeast having a
central angle of 107°16' 55" and a radius of 31.50 feet; thence South, Southeasterly and East, along
the arc of said curve whose chord bears S 36° 20' 04"E, a distance of 58.98 feet; thence N 32° 02'
19"E a distance of 194.30 feet to a point on the East line of said Plat of The Comiche Replat 1;
thence S 0°23' 4"W, along said East line and along the West line of said Lot 27, Block 2, of Model
Land Company's Map of Section 21, a distance of 208.67 feet to the point of beginning.
Parcel 2:
That portion of Lot 27, Block 2, Model Land Company's Map of Section 21, Township 46 South,
Range 43 East, according to the Map or Plat thereof as recorded in Plat Book 1 Page 128, Public
Records of Palm Beach County, Florida, lying West of the West right-of-way of the Intracoastal
Watenvay, as shown in Plat Book 17, Page 17B, Public Records of Palm Beach County, Florida, less
that portion of said Lot 27 lying in the Plat of the Comiche Replat 1, according to the Plat thereof
recorded in Plat Book 79, Page 50, Public Records of Palm Beach County, Florida.
4 ORD NO. 48-04
Exhibit "B"
A portion of Tract "A", The Comiche Replat 1, according to the Plat thereof as recorded in Plat
Book 79, Page 50, Public Records of Palm Beach County, Florida, described as follows:
Beginning at the Southwest comer of said Tract "A", thence S 89° 58' 31" E, along the South line of
said Tract "A", a distance of 89.43 feet; thence N 32° 02' 19" E, a distance of 28.29 feet to a point
on the North line of said Tract "A"; thence N 89° 58' 31" W along the North line of said Tract "A",
a distance of 44.30 feet; thence N 28° 58' 08" W, along the north line of said Tract "A" a distance of
43.73 feet to a point on the West line of said Tract "A" and a point on the East fight-of-way line of
U.S. Highway No 1; thence S 32° 03' 14" W, along the West line of said Tract "A" and along the
said East right-of-way line, a distance of 73.42 feet to the point of beginning.
Together With
A portion of Lot 11, Block 1, Model Land Company's Map of Section 21, Township 46 South,
Range 43 East, according to the Plat thereof as recorded in Plat Book 1, Page 128, Public Records
of Palm Beach County, Florida, described as follows:
Commencing at the Southwest comer of Tract "A", The Comiche Replat 1, according to the Plat
thereof as recorded in Plat Book 79, Page 50, Public Records of Palm Beach Count)-, Florida; thence
S 89° 58' 31" E, along the South line of said Tract "A", a distance of 4.09 feet to the point of
beginning; thence continue S 89° 58' 31" E along the South line of said Tract "A", a distance of
85.34 feet; thence S 32° 02' 19" W, a distance of 48.19 feet; thence N 89° 58' 31" W a distance of
29.71 feet to a point on a cunTe concave to the northeast having a central angle of 107° 16' 55" and a
radius of 31.50 feet; thence northwest, along the arc of said curve, a distance of 58.98 feet to the
point of beginning.
5 ORD NO. 48-04
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: September 27, 2004
AGENDA ITEM: ~v. A.
ITEM:
The action before the Board is that of making a recommendation on land use
actions for two separate parcels that are part of land swap activity associated
with the establishment of the Intracoastal Park site. The first is a City
initiated small-scale Future Land Use Map Amendment from TRN
(Transitional) to MD (Medium Density 5-12 du/ac) and rezoning from POD
(Professional and Office District) to RM (Medium Density Residential) for
0.13 acres that is currently owned by the Delray Harbor Club. The second is
also a small scale Future Land Use Map Amendment from TRN, MD and
OS-C (Open Space - Conservation) to OS-C (Open Space - Conservation)
and rezoning from POD (Professional Office District), RM (Medium Density
Residential) and CD (Conservation District) to OS (Open Space) for 4.47
acres.(Quasi-Judicial Hearing).
GENERAL DATA:
Owner/Applicant ......................... Delray Harbor Club & Flodda
Inland Navigation District/City
Initiated
Agent .......................................... City Initiated
Location ...................................... Located on the east side of
U.S. Highway No 1,
approximately 650 feet
south of S.E. 10th Street.
Property Size .............................. 0.13 Acres (Delray Harbor
Club)
4.47 (FIND Parcel)
Future Land Use Map ................ TRN (Transitional), MD (Medium
Density 5-12 du/ac), & OS-C
(Open Space - Conservation)
Proposed FLUM .......................... MD and OS-C
Current Zoning ............................ POD, RM, OS and CD
Proposed Zoning ........................ RM & OS
Adjacent Zoning ................ North: RM
East: R-l-AA (Single Family)
South: RM
West: PC (Planned Commercial)
Existing Land Use ...................... Vacant
Water Service ............................. Existing on site.
Sewer Service ............................. Existing on site.
IV. A.
The action before the Board is that of making a recommendation on land use actions for
two separate parcels that are part of land swap activity associated with the
establishment of the Intracoastal Park site. The first is a City initiated small-scale
Future Land Use Map Amendment from TRN (Transitional) to MD (Medium Density 5-
12 du/ac) and rezoning from POD (Professional and Office District) to RM (Medium
Density Residential) for 0.13 acres that is currently owned by the Delray Harbor Club.
The second is also a small scale Future Land Use Map Amendment from TRN, MD and
OS-C (Open Space - Conservation) to OS-C (Open Space - Conservation) and
rezoning from POD (Professional and Office District), RM (Medium Density Residential)
and CD (Conservation District) to OS (Open Space) for 4.47 acres.
Pursuant to Section 2.2.2(E), the Local Planning Agency (Planning & Zoning Board)
shall review and make a recommendation to the City Commission with respect to the
rezoning and FLUM Amendment of any property within the City.
The proposed FLUM and Rezonings are associated with two different portions of
properties that include land conveyed to the Delray Harbor Club to accommodate
additional parking with the remainder to contain a passive conservation area, additional
boat ramps, and associated parking for the Intracoastal Park.
Over the past year the City has been negotiating with FIND (Florida Inland Navigation
District) to obtain a 30 year lease on MSA Tract 650. This lease would allow the City to
utilize the property for the construction of additional boat ramps for the public. The need
for additional boat ramps is identified in the Comprehensive Plan as an unmet need in
the City. During this process the adjacent residential development Delray Harbor Club
expressed a desire to do some parking improvements on the adjacent property. Given
the common interests in this area, the City, FIND and Delray Harbor Club have been
collaborating to achieve the most efficient design. To this end a Real Property
Exchange Agreement has been executed which involved land swaps between the
parties. With this exchange completed future land use and zoning changes are
necessary to reflect the appropriate designations to accommodate the future uses.
At its meeting of September 7, 2004, the City Commission initiated the small-scale
Future Land Use Map amendments and zoning changes for both portions of the Delray
Harbor Club and Intracoastal Park sites.
Florida Statutes 163.3187 -Small Scale Land Use Map Amendments:
This Future Land Use Map Amendment is being processed as a Small-Scale
Development pursuant to Florida Statutes 163.3187. This statute states that any local
government comprehensive land use amendments directly related to proposed small
P & Z Board Staff Report
FLUM Amendment & Rezoning for Delray Harbor Club and Intracoastal Park
Page 2
scale development activities may be approved without regard to statutory limits on the
frequency of consideration of amendments (twice a year), subject to the following
conditions:
The amendment does not exceed 10 acres of land;
The cumulative effect of the amendments processed under this section shall not
exceed 120 acres within designated redevelopment and traffic concurrency
exception areas, or 60 acres annually in areas lying outside the designated
areas;
The proposed amendment does not involve the same property, or the same
owner's property within 200 feet of property, granted a change within a period of
12 months;
That if the proposed amendment involves a residential land use, the residential
land use has a density of 10 units or less per acre except for properties that are
designated in the Comprehensive Plan for urban infill, urban redevelopment, or
downtown revitalization;
E] The proposed amendment does not involve a text change to the goals, policies,
and objectives of the local government's comprehensive plan, but only proposes
a land use change to the Future Land Use Map for a site-specific small scale
development activity; and,
The property that is the subject of a proposed amendment is not located within
an area of critical state concern.
The subject properties consist of 4.60 acres. The properties are not located within a
designated redevelopment area or traffic concurrency exception area. It is noted that a
small scale Future Land Use Map (FLUM) amendment as defined by Florida State
Statute 163.3187 has not been adopted this year. Therefore, the proposed 4.60 acre
FLUM amendment does not exceed the 60 acre annual limit. The FLUM amendment
for the Delray Harbor Club is from Transitional to MD. Each of these land use
designations allows similar intensities of residential densities. It is noted the change
from Transition to Medium Density is not to accommodate residential units at any
density, but to provide over-flow parking for the existing residential uses to the north.
With respect to the FIND parcel, the FLUM amendment is changing from Transitional to
MD (Medium Density 5-12 alu/ac) and OS-C (Open Space - Conservation) to OS-C
(Open Space - Conservation). Consequently, the proposed FLUM amendment can be
considered under the small scale procedures since the residential density is not being
intensified (Delray Harbor Club) or is being eliminated with the FIND parcel. The
property has not previously been considered for a Future Land Use Map amendment
nor has the same owner's property, within 200 feet, been granted a land use change
within the last year. The amendment does not involve a text change to the
Comprehensive Plan and it is not located within an area of critical state concern. Given
the above, the proposed FLUM amendment can be processed as a small scale
amendment.
P & Z Board Staff Report
FLUM Amendment & Rezoning for Delray Harbor Club and Intracoastal Park
Page 3
Land Use Analysis:
Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use
Map), all land uses and resulting structures must be allowed in the zoning district
within which the land is situated and, said zoning must be consistent with the
land use designation as shown on the Future Land Use Map.
Both properties are currently vacant. The proposed boat ramp (FIND parcel) is a
permitted use in the OS zoning district [ref. LDR Section 4.4.22(B)(1) & (C)(6)]. The OS
zoning district is considered compatible with the proposed OS-C land use designation.
The Delray Harbor Club property will be utilized as an entrance and parking area for the
condominium located north of the property. These uses are accessory to the residential
uses and are permitted in the RM zoning district. It is not anticipated that this parcel will ..
be developed for any other purpose.
Based upon the above, a positive finding with respect to Future Land Use Map
consistency can be made.
REQUIRED FINDINGS:
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
must be based upon the following 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, 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.
With respect to the Intracoastal Park property, the proposed FLUM amendment is
from TI{N, MD and OS-C (Open Space - Conservation) to OS-C (Open Space -
Conservation). Therefore, this requirement does not apply to this parcel. It is noted
that the Open Space and Recreation Element, Coastal Management Element, and
Conservation Element each identifies the need for additional access to the
Intracoastal Waterway and more public boat ramps. With respect to the Delray
Harbor Club, this parcel was acquired through a land swap with FIND and the City.
This facilitated a more efficient layout for access to the boat ramp. This parcel will
be utilized for cross access and additional parking. Given the changes in
configuration of this parcel as a result of the land swap, the development potential is
limited. The change from Transitional to MD will allow accessory residential type
P & Z Board Staff Report
FLUM Amendment & Rezoning for Delray Harbor Club and Intracoastal Park
Page 4
uses, but would limit commercial potential currently allowed under the Transitional
Land Use Map designation. This limiting of uses and utilization in conjunction with
adjacent residential properties is appropriate given the configuration changes.
El Consistency -- The requested designation is consistent with the goals,
objectives, and policies of the most recently adopted Comprehensive Plan.
The proposed change to OS-C will provide public access to the Intracoastal
Waterway and additional boat ramps which have been identified as an objective in
the Coastal Management, Open Space and Recreation, and Conservation Elements
of the Comprehensive Plan. The changes for the Delray Harbor Club will be
consistent with the current designation as it relates to adjacent residential uses and
is not inconsistent with any objectives within the Comprehensive Plan.
El Concurrency -- Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
The proposed use of the subject property is likely the most intense use of the
property given the proposed FLUM and zoning designation. The boat ramp will have
little impact on the adopted levels-of-service. Compliance with the Palm Beach
County Traffic Performance Standards Ordinance will be addressed as part of the
site plan process. There are no compatibility concerns with respect to the residential
FLUM and zoning district designations proposed for the Delray Harbor Club portion
of the request.
El Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
The OS-C FLUM and OS zoning designations allow Iow intensity uses. Pursuant to
LDR Section 4.4.22(^), the OS zoning district is deemed compatible with all land use
designations shown on the Future Land Use Map. Consequently, most of the
subject property could currently be rezoned to the OS zoning district without the
proposed FLUM amendment. The land use change is being processed to achieve a
uniform land use category of OS-C across the entire parcel being utilized for the
park (including parcels to the west adjacent to Federal Highway). Buffering of the
proposed boat ramp site will be addressed during the site plan review process.
El Compliance -- Development under the requested designation will comply with
the provisions and requirements of the Land Development Regulations.
Future redevelopment of the land will occur in accordance with the City's Land
Development Regulations during the site plan review process.
REQUIRED FINDINGS:
LDR {Chapter 3) PERFORMANCE STANDARDS:
P & Z Board Staff Report
FLUM Amendment & Rezoning for Delray Harbor Club and Intracoastal Park
Page 5
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.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency was
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.
CONSISTENCY: Compliance with the performance standards set forth in Section
3.2.2 (Standards for Rezoning Actions) along with required findings in Section
2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of overall
consistency.
Section 3.2.2 (Standards for Rezoninq Actions): Standards B and C are not
applicable with respect to the rezoning requests. The applicable performance
standard of Section 3.2.2 is as follows:
(A) The most restrictive residential zoning district that is applicable given
existing development patterns and typical lot sizes shall be applied to
those areas identified as "stable" and "stabilization" on the Residential
Neighborhood Categorization Map. Requests for rezonings to a different
zoning designation, other than Community Facilities, Open Space, Open
Space and Recreation, or Conservation shall be denied.
The subject property is designated as "stable" on the Residential Neighborhood
Categorization Map. The proposed rezonings from POD to RM for the Delray
Harbor Club and from POD, RM, and CD to OS for the Intracoastal Park is
appropriate given the existing development patterns and is therefore consistent
with this performance standard.
(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 noted previously, the proposed OS zoning district is deemed compatible with
all FLUM designation. Consequently, the uses allowed within the OS zoning
district are considered compatible with the adjacent residential land uses. Any
incompatibilities arising from the proposed boat ramp can be addressed via
buffering to be considered during the site plan review process. There are no
compatibility concerns with respect to the Delray Harbor Club parcel.
P & Z Board Staff Report
FLUM Amendment & Rezoning for Delray Harbor Club and Intracoastal Park
Page 6
(E) Remaining, isolated infill lots within the coastal planning area shall be
developed under zoning which is identical or similar to the zoning of
adjacent properties; and, the resulting development shall be of a design
and intensity which is similar to the adjacent development.
As noted above the proposed OS zoning district is considered compatible with
the adjacent residential FLUM designations. The RM designation for the Delray
Harbor Club piece is identical to the residential designations to the north and
south.
Section 2.4.5(D)(5) (Rezoninq Findincls):
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 reason for the proposed rezonings is "b", based on the following:
The Comprehensive Plan indicates that the subject property is to be utilized as access
to the Intracoastal Waterway and additional boat ramps. These policies and objective
include the following:
Coastal Management Element Policy B-1.5, The City shall perform the necessary
studies to pursue development of FIND parcel MSA 650 as 1) an entirely passive park
with picnic areas and a nature trail, with additional boat ramps at Knowles Park; or 2) a
partially active park with boat ramp and parking facilities in addition to preservation
areas. The completed studies should be brought to the City Commission for a decision
on the final plan in time for inclusion in the FY 98/99 budget.
Open Space and Recreation Element Text, Assessing recreation facilities relative to
the strictest of the two applicable guidelines reveals a current deficiency only in the
category of boat ramps. This deficiency will be eliminated through the development of
FIND parcel MSA 650, or construction of additional boat ramps at Knowles Park. For
the buildout demand, planned facility additions were added to the existing total. At
buildout, deficiencies again appear only in boat ramps (5).
P & Z Board Staff Report
FLUM Amendment & Rezoning for Delray Harbor Club and Intracoastal Park
Page 7
Open Space and Recreation Element Policy B-3.1, Additional access to the
Intracoastal Waterway shall be achieved through improvements made at the time of
development of the FIND parcel (MSA 650).
Conservation Element Policy B-1.8, FIND parcel (MSA 650) shall be developed to
provide public park areas and additional access to the Intracoastal Waterway through
the provision of a boat ramp and parking area. The development of these facilities shall
maximize retention of the existing native plant communities.
The proposed zoning change to OS will allow the proposed development of the subject
property accordingly.
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,
A City initiated site plan application has not been submitted. However, compliance with
the Land Development Regulations will be addressed during the site plan review
process.
The subject property is not within a geographical area requiring review by the
Community Redevelopment Agency, Downtown Development Authority or the Historic
Preservation Board.
Courtesy Notices:
Courtesy notices have been provided to the following civic and homeowners
associations:
· Presidents Council
· PROD
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of objection and support, if any, will be presented at the
Planning and Zoning Board meeting.
The proposed FLUM amendment and Zoning Map change is necessary to develop the
subject property in accordance with direction outlined in the Comprehensive Plan as a
park with boat ramps. The FLUM and Zoning Map change for the Delray Harbor Club is
a result of land swaps that occurred to accommodate access and additional parking for
P & Z Board Staff Report
FLUM Amendment & Rezoning for Delray Harbor Club and Intracoastal Park
Page 8
the Delray Harbor Club along with enhanced access to the boat ramps. 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), and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive
findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings) and
3.2.2 (Standards for Rezoning Actions). Therefore, the proposed FLUM amendment
and related zoning changes are recommended for approval based on the findings
outlined in this report.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the City initiated
request for a small scale FLUM Amendment from TRN (Transitional) to MD (Medium
Density 5-12 du/ac) and rezoning from POD (Professional and Office District) to RM
(Medium Density Residential) for land with a total acreage of 0.13 acres that have
been conveyed to the Delray Harbor Club. Further, move approval of a small scale
Future Land Use Map Amendment from TRN, MD and OS-C (Open Space -
Conservation) to OS-C (Open Space - Conservation) and rezoning from POD
(Professional and Office District), RM (Medium Density Residential) and CD
(Conservation District) to OS (Open Space) for land with a total acreage of 4.47
acres to accommodate the Intracoastal Park, 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 the criteria set forth in Sections
2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the City initiated
request for a small scale FLUM Amendment from TRN (Transitional) to MD (Medium
Density 5-12 du/ac) and rezoning from POD (Professional and Office District) to RM
(Medium Density Residential) for land with a total acreage of 0.13 acres that have
been conveyed to the Delray Harbor Club. Further move denial of a small scale
Future Land Use Map Amendment from TRN, MD and OS-C (Open Space -
Conservation) to OS-C (Open Space - Conservation) and rezoning from POD
(Professional and Office District), RM (Medium Density Residential) and CD
(Conservation District) to OS (Open Space) for land with a total acreage of 4.47
acres to accommodate the Intracoastal Park, by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is
inconsistent with the Comprehensive Plan and does not meet the criteria set forth in
Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Recommend approval to the City Commission for the City initiated request for a small
scale FLUM Amendment from TRN (Transitional)to MD (Medium Density 5-12 du/ac)
and rezoning from POD (Professional and Office District) to RM (Medium Density
Residential) for land with a total acreage of 0.13 acres that have been conveyed to the
Delray Harbor Club. Further, recommend approval of a small scale Future Land Use
Map Amendment from TRN, MD and OS-C (Open Space - Conservation) to OS-C
P & Z Board Staff Report
FLUM Amendment & Rezoning for Delray Harbor Club and Intra¢oastal Park
Page 9
(Open Space - Conservation) and rezoning from POD (Professional and Office District),
RM (Medium Density Residential) and CD (Conservation District) to OS (Open Space)
for land with a total acreage of 4.47 acres to accommodate the Intracoastal Park, 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 the
criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
Attachments:
Future Land Use Map
Zoning Map
Prepared by: Scott Pape, Senior Planner
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CITY OF DELRAY BEACH
NOTICE OF PROPOSED LAND
USE CHANGE AND REZONING
The City C°mmJssion of the Cily Of Oeiray Beach, florida, proposes to adopt lhe following small
scale Fulure Land Use Map (FLUM) amendment to the Comprehensive Plan of the C'dy of
Oelray Beach, Fl~da a~d rezoning for twa parcels as [allows:
* The first parcel is a small scale Future Land Use Map (FLUM) amendment FROM TRN
(Tra'nsifional) TO MD (Medium Density 5-12 du/ac) and Rezoning FROM POD (Professional
Office Oistrid) TO RM (Medium Density Residential) for 0.13 acre~ that is currently owned by
the Delray Harbor Club. The second parcel is also a small scale Future Land Use Map (FLUM)
amendment FROM TRN, MD and OS-C (Open Space- Conservation) TO OS-C (Open Space-
Conservation) and Rezoning FROM POD (Professional Office Distrid), RM (Medium Density
Residential) and CD (Conservation District) TO OS-(Open Space) that consists of 4.47 acres.
The City commission will condud o public Hearing on TUESDAY, OCTOBER 19, 2004, AT
7:00 PJL in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida (or al any continuation of such meeting which is set bY the Gly Co. mmission). Al this
meeting the City Commission will consider adopting this smd] scale amendment to the Future
Land Use Map Of the Comprehensive Plan and the rezoning. The title of the enacting ordi-
nance is as follows:
ORDINANCE NO. 48-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMEND-
lNG THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN
FROM TRN (TRANSITIONAL)IN PART, RM (MEDIUM DENSI1Y RESIDENTIAL $-12 gU/AC)IH
PART AND OS-C (OPEN SPACE, CONSERVATION) IN PART TO OS-C (OPEN SPACE, CONSERVA-
TION), ANB FROAA ~N (TRANSITIOHAL) TO I~O (~AEOIU~ DEH$1'~ RESIDENTIAL 5-12 gU/AC;
ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR S~LL SCALE
LAND USE PLAN AMENDMENTS; REZONING AND PLACING L~ND PRESENTLY ZONED POD (PRO-
FESSIONAL OFFICE DISTRICT) DISTRICT IN PART, RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT
IN PART AND CD (CONSERVATION) DISTRICT IN PART TO OS (OPEN SPACE) DISTRICT, AND
FROM POD (PROFESSIONAL OFFICE DISTRICT) TO RM (MEDIUM DENSITY RESIDENTIAL); SAID
LAND BEING GENERALLY LOCATED ON THE EAST SIDE OF US HIGHWAY NO.1, BETWEEN SE
lOTH STREET AND LINTON BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMEND-
lNG "ZONING MAP OF DELRAY BEACH, FLORIDA, JULY 2004"; PROVIDING A GENERAL REPEAL-
ER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE
All interested citizens are invited to altend lhe public hearing and comment upon the Future
land Use Map amendment and rezoning or submil their commenls in writing an or before the
dole of Ibis homing to the Planning and Zoning Department. For further information or lo
obtain copies of the proposed amendmefll, please conlact Sc°It O. Pape of the Planning and
Zoning Deparlmenl, 100 N.W. 1st Avenue, Oelray Beach, Florida 33444 (email al
pzmag@mydelraybeach.com), phone (561)243-7040, between the hours of 8:00 a.m. and
5:00 p.m. on weekdays (excluding holidays).
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CI1Y
COMMISSION WITH RESPECT TO ANY MATil?R CONSIDERED AT THIS HEARING, SUCH PERSON
WILL NEED A VERBATIM RECORD OF THE PROCEEDINGS, AND FOR THIS PURPOSE SUCH PER-.
SON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TEglAAONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. THE
CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD PURSUANT TO ES. 286.0105.
CITY OF DELRAy BEACH
Chevelle D. Nubin
Acting City Clerk
PUBLISH: lhursday, October 7, 2004
Boca Raton/Oelray Beach News
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