Ord 81-05
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ORDINANCE NO. 81-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED CENTRAL
BUSINESS DISTRICT- RAILROAD CORRIDOR (CBD-RC)
DISTRICT TO CENTRAL BUSINESS (CBD) DISTRICT;
SAID LAND BEING PARCELS LOCATED ON THE EAST
AND WEST SIDES OF SE 2ND AVENUE, BETWEEN SE 1Sf
STREET AND SE 2ND STREET, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRA Y BEACH, FLORIDA, APRIL 2005"; 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 April 2005, as being zoned Central Business District -Railroad
Corridor (CBD-RC) District; and
WHEREAS, at its meeting of November 21, 2005, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
7 to 0 to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; 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 DELRA Y BEACH, FLORIDA, AS FOllOWS:
Section 1. That the recitations set forth above are incorporated herein.
"
Section 2. 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 Central Business (CBD) District for the
following described property:
Lot 9, less the South 7 feet thereof, Block 78, Town of Linton (now Delray) according to
the plat as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County,
Florida
Together With
Lot 13, less the North 37 feet thereof and Lot 14 through Lot 16, inclusive, all lying within
Block 78 Town of Linton (now Delray), according to the Plat thereof recorded in Plat Book
1, Page 3, of the Public Records of Palm Beach County, Florida.
Together With
All of Block 86 lying west of the Florida East Coast Railroad, less the North 25 feet for
street right-of-way, Town of Linton (now Delray), Palm Beach County, Florida, according
to the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach
County, Florida.
Section 3. 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 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. 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 6. That this ordinance shall become effective immediately upon passage on second
and final reading.
2
ORD NO. 81-05
~ PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of ~\-.Q.. . 200~.
\
ATTEST
8~lb
OR '-
~.~~. ~~~)
City Clerk
Fttu R=~\ "2-\ I ~ Ds
Second Readin \ \ \ ()Lp
\ .
3
ORD NO. 81-05
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERt7l1
AGENDA ITEM # \ O~ - REGULAR MEETING OF JANUARY 3.2006
ORDINANCE NO. 81-05
TO:
SUBJECT:
DATE:
DECEMBER 30, 2005
This Ordinance is before Commission for second reading and quasijudiciol hearing for a City initiated
rezoning from CBD-RC (Central Business District-Railroad Corridor) to CBD (Central Business
District) for parcels of land totaling 1.25 acres, located on the east and west sides of S.E. 2nd Avenue,
between S.E. 1" Street and S.E. 2nd Street.
The property is within the Railroad Corridor area of the CBD-RC district and contains a one-story,
2,311 sq. ft. food processing building built in 1999; a 1,936 sq. ft. warehouse facility built in 1967; a
one-story, 1,560 sq. ft. warehouse structute built in 1967; and a 13,250 sq. ft. warehouse distribution
building built in 1947. Given the sites' location, along the railroad tracks and adjacent to CBD areas,
this area could be considered as an area where increased height should be allowed through the
conditional use process. To achieve this, the CBD.RC designation is being rezoned to CBD.
On November 21, 2005, the Planning and Zoning Board held a public hearing in conjunction with
the request. There was no public testimony. After reviewing the staff report and discussing the
proposal, the Board voted 7-0 to recommend to the City Commission that the rezoning request be
approved. Staff recommends approval based upon the findings of fact and law contained in the
staff report; positive findings with respect to the Goals, Objectives, and Policies of the
Comprehensive Plan; and finding that the request meets the criteria set forth in the Land
Development Regulations (LDR) Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for
Rezoning Actions), and Section 2.4.5(D)(5) (Rezoning Findings).
At the first reading on December 13, 2005, the City Commission passed Ordinance No. 81-05.
Recommend approval of Ordinance No. 81-05 on second and final reading.
s:\Gty Clerk\agenda memoo\Ord 81-05 Lots 7 13 14-16 Rezoning 010306
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PAUL DORLING, DIR OR OF PLANNING AND ZONING
ESTELlO BRETO, SENIOR PLANNER ~ ..Q..~~,
MEETING OF DECEMBER 13, 2005
CITY INITIATED REZONING FROM CBD-RC TO CBD FOR LOT 9. LESS THE SOUTH 7
FEET THEREOF. BLOCK 78. LOT 13. LESS THE NORTH 37 FEET THEREOF AND LOT
14 THROUGH LOT 16. INCLUSIVE. ALL LYING WITHIN BLOCK 78. AND ALL OF
BLOCK 86 LYING WEST OF THE FLORIDA EAST COAST RAILROAD. LESS THE
NORTH 25 FEET FOR STREET RIGHT-OF-WAY TOTALLING 1.25 ACRES. THESE LOTS
ARE LOCATED ALONG THE EAST AND WEST SIDES OF S.E. 2ND AVENUE. BETWEEN
S.E. 1ST STREET AND S.E. 2ND STREET.
TO:
THRU:
FROM:
SUBJECT:
The proposal includes a City initiated rezoning from CBD-RC (Central Business District - Railroad Corridor)
to CBD (Central Business District) for 1.25 acres site which involves Lot 9, less the North 7 feet thereof,
block 78, Lot 13 less the North 37 feet thereof and Lot 14 through Lot 16, inclusive, all lying within Block 78,
and all of Block 86 lying West of 1he Florida East Coast Railroad, less the North 25 feet for street right-of-
way.
The 1.25 acres site is within the Railroad Corridor area of the Central Business District (CBD-RC) and
contains: a one-story 2,311 sq. ft. food processing building built in 1999, a 1,936 sq. ft. warehouse facility
built in 1967, a one-story 1,560 sq. ft warehouse structure buill in 1967, and a 13,250 sq. ft. warehouse
distribution building built in1947. Given the si1es'location along the railroad tracks and adjacent CBD areas
it would appear this area could be considered as an area where increased height should be allowed through
the conditional use process. To achieve this, the CBD-RC (Central Business District - Railroad Corridor)
designation is being rezoned to CBD (Central Business District). Additional background and analysis of the
request can be found in the attached Planning and Zoning Board Staff Report.
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At its meeting of November 21, 2005. the Planning and Zoning Board held a public hearing in conjunction
with the rezoning request. There was no public tes1imony for or against the City initiated rezoning. After
reviewing the staff report and discussing the proposal the Board unanimously voted 7-0 to recommend
approval of the rezoning from CBD-RC (Central Business District - Railroad Corridor) to CBD (Central
Business District) for properties located along the eas1 and west sides of S.E. 2nd Avenue, based on positive
findings with respect 10 LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning
Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan.
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By motion, approve on first reading the ordinance to rezone property from CBD-RC (Central Business
District - Railroad Corridor) to CBD (Central Business District) based upon 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 Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations.
Attachments:
Staff Report prepared for the P & Z meeting of November 21. 2005 & Proposed Ordinance
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CITY OF OElRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
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CITY INITIATED REZONING
~ CITY INITIATED REZONING
f.lAP REf: It,4882
ORDINANCE NO. 81-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED CENTRAL
BUSINESS DISTRICT- RAILROAD CORRIDOR (CBD-RC)
DISTRICT TO CENTRAL BUSINESS (CBD) DISTRICT;
SAID LAND BEING PARCELS LOCATED ON THE EAST
AND WEST SIDES OF SE 2ND AVENUE, BETWEEN SE 1Sf
STREET AND SE 2ND STREET, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, APRIL 2005"; 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 April 2005, as being zoned Central Business District -Railroad
Corridor (CBD-RC) District; and
WHEREAS, at its meeting of November 21, 2005, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
7 to 0 to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; 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 DELRA Y BEACH, FLORIDA, AS FOllOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. 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 Central Business (CBD) District for the
following described property:
Lot 9, less the South 7 feet thereof, Block 78, Town of Linton (now Delray) according to
the plat as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County,
Florida
Together With
Lot 13, less the North 37 feet thereof and Lot 14 through Lot 16, inclusive, all lying within
Block 78 Town of Linton (now Delray), according to the Plat thereof recorded in Plat Book
1, Page 3, of the Public Records of Palm Beach County, Florida.
Together With
All of Block 86 lying west of the Florida East Coast Railroad, less the North 25 feet for
street right-of-way, Town of Linton (now Delray), Palm Beach County, Florida, according
to the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach
County, Florida.
Section 3. 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 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. 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 6. That this ordinance shall become effective immediately upon passage on second
and final reading.
2
ORD NO. 81-05
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of .200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3
ORDNO.81-05
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE:
AGENDA ITEM:
ITEM:
November 21. 2005
III. E.
A privately sponsored rezoning involving a portion of Lot 9, 10, 11, 12, and a
portion of Lot 13 of Block 78; and a City ini1iated rezoning involving a portion of
Lot 9 Block 78, the South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block
78, the South 58 feet of Lot 14 Block 78, Lots 15 and-16 Block 78, and a portion
Block 86. Bo1h rezonings are from Central Business District - Railway Corridor
(CBD-RC) to Central Business District (CBD) (Quasi-Judicial Hearing).
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N.E 2ND
GENERAL DATA:
Owner/Applicant............ Nate Hollander
Agent............................. Weiner & Aronson, P.A.
Location......................... Along East and West Side of SE
2nd Avenue, Approximately 80'
South of SE 1 s, Street.
Property Size................. 0.85 Acres
Future Land Use Map.... Commercial Core (CC)
Current Zoning............... Central Business District Railway
Corridor(CBD-RC)
Adjacent Zoning North: Central Business District (CBD)
Sou1h: Central Business District Railway
Corridor(CBD-RC)
East: Central Business District (CBD)
West: Central Business Distric1 (CBD)
Existing Land Use.......... Retail stores and warehouse
distribu1ion facilities.
Proposed Land Use....... Multiple Family Residential
Water Service................ Available Via a service lateral
connection to the existing 8" water
main located within the SE 2nd
Avenue right-of-way.
Sewer Service................ Available via a service lateral
connection to the existing 8"
sanitary sewer main located within
the adjacent alley to the west.
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III. E.
ITEM BEFORE THE BOARD
I
The action before the Board is that of making a recommenda1ion to the City Commission on a
City initiated rezoning which includes five different parcels involving a portion of Lots 9, 13, and
14 of Block 78. LoIs 15 and 16 of Block 78 and a portion of Block 86, and is in conjunction with
a privately initiated rezoning (a portion of Lot 9, 10. 11, 12, and a portion of Lot 13 of Block 78).
The Ci1y initiated rezoning areas are located along 1he east and west sides of S.E. 2nd Avenue.
The change in zoning is from CBD-RC (Central Business District - Railway Corridor) to CBD
(Central Business District). -
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning and Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and Rezoning of any property wi1hin 1he City.
BACKGROUND
I
The proposal involves two sites:
1) A privately initiated rezoning from CBD-RC (Central Business Distric1 - Railway Corridor) to
CBD (Cen1ral Business District) of five different parcels involving 0.85 acres site which
includes:
. The south 7' of Lot 9, Lo1 10 and 1he north 53' of Lot 11, Block 78. Delray Beach (0.425
Acre);
. The sou1h 23.5' feet of Lot 11, and Lot 12, less the south 23.5 feet of said Lot 12. Block
78, City of Delray Beach, formerly known as the Town of Linton (0.236 acre);
. The south 23.5 feet of Lot 12, and 1he north 37 feet of Lo1 13, Block 78, of Delray
Beach; and
2) A City initiated rezoning from CBD-RC (Central Business Dis1rict - Railway Corridor) to CBD
(Central Business District) from 0.757 acres site which involves:
. The North 69.5 feet of Lot 9 Block 78, con1aining a total of 0.22 acre.
. The South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block 78, containing a total
of 0.044 acre.
. The South 58 feet of Lot 14 Block 78, containing a total of 0.036 acre.
. Lots 15 and 16 Block 78, containing a total of 0.304 acre.
. All West of Railway Block 86 (less the North 25 feet of the street right-of-way),
containing a total of 0.153 acre.
The privately initiated 0.85 acre site is within the Railway Corridor area of the Central Business
District (CBD-RC) and contains: a one-story 4,410 sq. ft. retail store building built in 1962. a
5,508 sq. ft. warehouse dis1ribution facility built in 1959. and a one-story 1,440 sq. ft warehouse
structure built in 1961. All three structures are to be demolished and replaced with a proposed
multiple family residential developmen1 known as AlIantic Shores. A conditional use request is
also included on this agenda to allow an increase height to 60'. The overlay zones which allow
this increase are limited to CBD and not the current CBD-RC designation.
The 0.76 acre City ini1iated site is also within the Railway Corridor area of the Central Business
District (CBD-RC) and contains: a one-story 2.311 sq. ft. food processing building built in 1999,
a 1,936 sq. ft. warehouse facility built in 1967, a one-s10ry 1,560 sq. ft warehouse struc1ure built
III. E.
Planning and Zoning Boare 3ff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning Trom CBD-RC to CBD
in 1967, and a 13,250 sq. ft. warehouse distribution building built in1947. The proposed
rezoning requests are now before the Board for action.
ZONING ANALYSIS
I
REQUIRED FINDINGS:
Pursuant to LOR Section 3.1.1, prior to the 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, 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.
o 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 proposed zoning designation of CBD (Central Business District) is consistent with the
proposed Commercial Core (CC) FLUM designation, and mixed-use developments are
allowed as a permitted use within the CBD zoning district. Based on the above. positive
findings can be made wi1h respect to FLUM consistency.
o Concurrency: Concurrency, as defined pursuant to Objective B-2 of the Future Land
Use Element of the Comprehensive Plan, must be met and a determination made that
the public facility needs of the requested land use and/or development application
will not exceed the ability of the City to fund and provide, or to require the provision
of, needed capital improvements in order to maintain the Levels of Service Standards
established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of
Delray Beach.
The proposal involves amending the zoning designations from Central Business District
(CBD-RC) to CBD (Central Business District) on several adjoining parcels, which totals
approximately 1.607 acres. Concurrency findings with respec1 10 Drainage, Parks and
Recreation, Solid Waste, Streets and Traffic. and Water and Sewer are discussed below:
Drainaqe: With a rezoning request drainage plans are not required. Wi1h redevelopment of
the site. drainage plans will be submitted; however there are no problems anticipated in
retaining drainage on site and obtaining any/all necessary permits.
Parks and Open Space: The Open Space and Recreation Element of the City's
Comprehensive Plan indicates in the conclusion that "The City will have sufficient recreation
facilities at build-out to meet the adopted standards". Non-residential uses are not
considered to have an impact on the City's Parks and Recreation facilities. However, any
proposed residential dwelling uni1s would be assessed a Parks and Recrea1ion impact fee
of $500 per unit at the time of building permit.
Solid Waste: The Solid Waste Authority has indicated that its facilities have sufficient
capacity to handle all development proposals until the year 2021.
2
III.E.
Planning and Zoning Boare aft Report: Meeting of 11/21/05
Atlantic Shores - Rezoning trom CBD-RC to CBD
Streets and Traffic: The subject property is located within the City's Transportation
Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD,
and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described
areas from complying .with the Palm Beach County Traffic Performance Standards
Ordinance. Therefore, a 1raffic study is not required for concurrency purposes; however a
traffic statement is necessary to keep a record of trips approved in the TCEA and for
calculation of traffic impact fees. A traffic statement was submitted for the generation of 39
AM peak hour trips and 45 PM peak hour trips.
Water and Sewer: Water service is available via service lateral connections to an existing
8" water main within S.E. 2nd Avenue righ1-of-way. Two (2) fire hydran1s presently exist on
the west side of S.E. 2nd Avenue: one a1 the northeas1 side of the property and a second
one on the southeast side of the site. Sewer service is available via service lateral
connections to an existing 8" sanitary sewer main within the wes1 alley right-of-way.
Pursuant 10 the Comprehensive Plan, treatment capacity is available a11he Ci1y's Water
Treatment Plant and the South Central County Waste Water Treatment Plant for the City at
build-out. Based upon the above, positive findings can be made with respect to this level of
service slandard.
o Consistency: Compliance with the performance standards set forth in LOR Section
3.2.2, along with the required findings in LOR Section 2.4.5(0) (5), 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 making a finding
of overall consistency.
LOR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable
performance standard of LOR 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 use both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations exist to properly mitigate
adverse impacts from the new use.
The following table identifies the zoning designations and uses thaI are adjacent to the
subject property:
Zonina: Use:
North Central Business District (CBD) Food Processing Company
South Central Business District-Railroad Corridor (CBD-RC) Warehouse/Distribution
East Central Business District (CBD) Stores/Commercial/Retail
West Central Business District (CBD) Future Site of Miraflores Residential
Develooment
As noted in the above table, the surrounding properties are zoned either CBD or CBD-RC, and
pursuant to LDR Section 4.4.28, many of the permitted and conditional uses within the CBD are
allowable within the CBD-RC. Given the si1es location along the railroad tracks and adjacent
CBD areas, it would appear this area should be considered as an area where increased height
could be considered. To achieve this, the CBD-RC (Central Business District - Railway
Corridor) designation could be modified to be included in 1he areas allowing the increases or
the area could be rezoned to CBD (Central Business District). Given the prevailing land use
3
III.E.
Planning and Zoning Boare aff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
patterns it appears more appropriate to modify the zoning to CBO. Therefore, the proposed
rezoning of the subject property from Central Business District (CBO-RC) to Central Business
District (CBO) poses no incompatibilities with the surrounding properties. The development
proposal will significantly enhance the aesthetics of the subject property unifying several
parcels under a single development. Further, the neighborhood and the downtown as a whole
will benefit by the inclusion of new residential dwelling units. Based upon the above, posi1ive
findings with regard to LOR Section 3.2.2(0) could be made.
LOR Section 2.4.5/0) (5) - Rezoninq Findinqs:
Pursuant to LDR Section 2.4.5(D) (5). in addition 10 provIsions of Chapter Three, the City
Commission must make a finding thaI 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; or
(c) That 1he requested zoning is of similar intensity as allowed under the Future Land Use
Map and that it is more appropria1e for the property based upon circumstances
particular to the site andlor neighborhood.
The following is an excerp1 from the applicant's justifica1ion statement:
"Although the zoning has not been previously changed or originally established in error,
we believe that the planning policy which states that the subject property is not entitled
to receive a bonus for additional height, as its neighboring CBD properties, is a policy
error. Obviously, one of the places the City Commission has continued to support
height increases are properties on the railroad tracks. Therefore the fact that this
property is not entitled to an increase in height under Section 4.3.4(J)(4) of the LOR's is
indeed an error which was overlooked at the time the Ordinance was approved.
There has been a change in circumstances which makes the current zoning
inappropriate. The property directly to the east, which is located in the CBD District,
recently received approvals for increased height and density. It is inappropriate that
LOR Section 4.3.4(J)(4) does not allow the subject property on the rail road tracks to be
eligible for an increase in height even though the requirements under the LOR's are met.
Thus, the current zoning is inappropriate':
The requested zoning is of similar intensity as allowed under the Future Land Use Map
and is more appropriate for the subject property based upon circumstances particular to
the site and/or neighborhood. As previously stated, the property directly to the east is
already zoned CBD. Moreover, the Future Land Use Map already designates both of
these properties as Commercial Core (CC). In order to match the zoning map with the
Future Land Use Map, it is more appropriate for the subject property based upon the
circumstances particular to the site and neighborhood to be zoned CBD (Central
Business District) and should be entitled to receive approval for additional height ".
According 10 1he applicant, the basis for which the rezoning is being sought relates to reasons
(a), (b) and (c). While staff disagrees with the applicant that the inability to seek conditional use
approval to increase height on this parcel is a policy error, the sites' location along the railroad
4
II I.E.
Planning and Zoning Boare! 3ft Report: Meeting of 11/21/05
Atlantic Shores - Rezoning trom CBD-RC to CBD
tracks and its proximity to adjacent CBD areas would appear to make this area as one where
increased height could be considered. The change in circumstances, in relation to the
prevailing land use patterns to 1he east. also appears to indicate that it is more appropriate to
modify the zoning of the subject property to CBD.
If consideration is given to modify the zoning designations, then a designation consistent wi1h
the prevailing Future Land Use Map designation of Commercial Core (CG) to the north and
west should be given. The proposed FLUM (CC) and zoning (CBD) designations are of
identical intensity as 1he surrounding properties. Further, the zoning is appropriate for 1he
subject property as it will further the goals and objectives of the Downtown Delray Beach Master
Plan and Comprehensive Plan by enabling 1he provision of additional housing in 1he downtown
area. Thus, the request fulfills the necessary rezoning findings as per LDR Section 2.4.5(D)
(5).
COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the
adopted Comprehensive Plan was conducted and the following applicable objectives
and policies are noted:
Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate in terms of soil, topographic
and other applicable physical considerations; is complimentary to adjacent land uses;
and fulfills remaining land use needs.
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent
land uses, and fulfills remaining land use needs.
The proposed CBD zoning will be complimentary with the future surrounding residential and
commercial developmen1s (Miraflores. Bamboo North/South, and The Strand) and provide a
customer base for 1he businesses on a year-round basis. which in turn will provide economic
stability and growth for the downtown area.
In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan
stales the following:
"One of the most important objectives of the City's overall housing policy is the
establishment of housing in the downtown area. In the years since adoption of the 1989
Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally
oriented shopping district to a vibrant year-round retail, service, and entertainment area
with an active nightlife. A critical missing element is a significant housing development.
The City recognizes the importance of providing housing in close proximity to shopping,
employment, and transportation, and the need to have a residential base to support the
businesses in the downtown area".
The proposed CBD zoning of the subject property will help to fulfill this stated land use need by
allowing residential dwelling units in the downtown area in close proximity to shopping and
place of work, and is therefore consis1ent with this policy.
HousinCl Element Obiective B-2: Redevelopment and the development of new land shall
result in the provision of a variety of housing types which shall continue to
accommodate the diverse makeup of the City's. demographic profile, and meet the
5
III.E.
Planning and Zoning Board Iff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
housing needs identified in this Element. Policies, which will implement this objective,
include:
Housina Element Policv .B-2.6: Housing in and near the downtown area, in close
proximity to employment opportunities and services, is a critical need. In order to help
stimulate demand for new housing in and around the Central Business District, the
development of new rental housing projects outside of the TCEA and North Federal
Highway area is discouraged.
The proposed CBD zoning of the subject property is consis1ent with Housing Element Policy B-
2.6 as it will allow the desired type of residential development within the CBD, while the current
CBD-RC zoning does not allow to seek condi1ional use approval to increase height to 60'.
Housina Policv A-12.3: In evaluating proposals for new development or redevelopment,
the City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood. the project shall be
modified accordingly or denied.
As noted previously, the proposed CBD zoning of the subject property will aid in the
revitalization and economic stabili1y of the downtown area. The introduction of additional
residential dwelling units will increase safety of the area by introducing more night time activity
and more "eyes on the stree1" as a deterrent to criminal behavior.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Future redevelopment of 1he 0.85 (privately initialed rezoning) acre parcel of land can occur in
accordance wi1h the City's land Development Regulations. During the site plan review process
the development proposal will be reviewed for compliance with the lDR The applicant has
indicated intent to develop the SUbject property multiple family residential development which
will include the construction of a five-story residential building with a 64 spaces parking garage
on the ground floor; installation of 6 parallel parking spaces along 2nd Avenue; and residential
dwelling units on the second. third, fourth and fifth levels (35 dwelling units in total). The
proposal is permissible under the. proposed CBD zoning designation. A conditional use approval
is being sought by the applicant to allow an increase in density to 41.30 dulac and an increase
in height from 48 to 60 feet (also on this agenda for considera1ion). At this time, no issues have
been identified which would prohibi1 compliance with the requirements of the CBD zoning
district. Given the above, a posi1ive finding with respect 10 compliance with the Land
Development Regulations can be assumed.
REVIEW BY OTHERS
I
Community Redevelopment Agency:
The Community Redevelopment Agency (CRA) reviewed the rezoning request a1 its meeting of
November 11. 2005. The Board recommended approval of the rezoning requests from Central
Business Dis1rict - Railway Corridor (CBD-RC) to Central Business Distric1 (CBD) by a vote of 5
to O.
6
III.E.
Planning and Zoning Board Iff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
Downtown Development Authority:
The Downtown Development Authority (DDA) reviewed the rezoning request at its meeting of
November 14, 2005. The Board recommended approval of 1he rezoning reques1s from Central
Business District - Railway Corridor (CBD-RC) to Central Business District (CBD).
Site Plan Review and Appearance Board (SPRAB):
If the rezoning and conditional use requests are granted, a site plan application addressing the
outstanding technical comments would need 10 be approved by the SPRAB. Final action on the
site plan will rest with the SPRAB.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
D Bill Wood. Delray Beach Chamber of Commerce
D Carolyn Zimmerman, President's Council
D Gerry Franciosa, Progressive Residents of Delray (P.RO.D.)
D Gail-Lee McDermott, Osceola Park
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of support or objection, if any, will be presen1ed at the Planning and Zoning
Board mee1ing.
ASSESSMENT ANI> CQNCLUSION
I
The proposed rezoning from Cen1ral Business District - Railway Corridor (CBD-RC) to Central
Business District (CBD) is consistent with the goals, objectives and/or policies of the Downtown
Delray Beach Master Plan, Comprehensive Plan, and LDR Sections 2.4.5(D) (5), 3.1.1 and
3.2.2(D). Positive findings can be made with respect to Concurrency and Compatibility with the
surrounding land uses. The rezoning will also allow a multiple family residential development
which will include the construction of a five-story residen1ial building with a 64 spaces parking
garage on 1he ground floor; installation of 6 parallel parking spaces along 2nd Avenue; and
residential dwelling units on the second. third, fourth and fifth levels (35 dwelling uni1s in total).
This development proposal would also result in the fulfillment of Housing Element Policy B-2.6
of the Comprehensive Plan which indicates the provision of housing in and near the downtown
area as a critical need. Based upon the above, 1he proposed rezoning should be recommended
for approval.
ALTERNATIVE ACTIONS
,
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for:
. A privately sponsored rezoning involving a portion of Lot 9, 10, 11. 12, and a portion of
Lot 13 of Block 78 from Central Business District - Railway Corridor (CBD-RC) to
7
III.E.
Planning and Zoning Board ~ff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning trom CBD-RC to CBD
Central Business District (CBD). The properties are loca1ed on the east side of S.E. 2nd
Avenue. 80 feet south of S.E. 1st Street (approxima1ely 0.85 acres); and
. A City initiated rezoning involving five parcels of land that consists of:
1. The North 69.5 feet of Lot 9 Block 78, containing a total of 0.22 acres.
2. The South 39.5 feet of Lo113 and North 18.5 feet of Lot 14 Block 78, containing
a total of 0.044 acres.
3. The Sou1h 58 feet of Lot 14 Block 78, containing a to1al of 0-.036 acres.
4. Lots 15 and 16 Block 78, containing a total of 0.304 acres.
5. All West of Railway Block 86 (less the North 25 feet of the slreet right-of-way),
con1aining a total of 0.153 acres.
from Central Business District - Railway Corridor (CBD-RC) to Central Business District
(CBD) for 1he properties described above, by adopting the findings of fact and law contained
in the staff report, and finding that the request and approval 1hereof is consistent with the
Comprehensive Plan and meets the criteria set forth in Sec1ions 2.4.5(D) (5), 3.1.1 and
3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial 10 1he City Commission for
. A privately sponsored rezoning involving a portion of Lot 9, 10, 11. 12, and a portion of
Lot 13 of Block 78 from Central Business District - Railway Corridor (CBD-RC) to
Central Business Dis1rict (CBD). The properties are located on the east side of S.E. 2nd
Avenue, 80 feet south of S.E. 1st Street (approximately 0.85 acres); and
. A City initiated rezoning involving five parcels of land thaI consists of:
1. The North 69.5 feet of Lot 9 Block 78, containing a total of 0.22 acres.
2. The Sou1h 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block 78. containing
a total of 0.044 acres.
3. The South 58 feet of Lot 14 Block 78, containing a total of 0.036 acres.
4. Lots 15 and 16 Block 78, containing a total of 0.304 acres.
5. All West of Railway Block 86 (less 1he North 25 feel of the stree1 right-of-way),
containing a total of 0.153 acres.
RECOMMENDED ACTION
I
Move a recommendation of approval to the City Commission for 1he privately sponsored
reques1 for:
. A privately sponsored rezoning involving a portion of Lot 9, 10, 11, 12, and a portion of
Lot 13 of Block 78 from Central Business District - Railway Corridor (CBD-RC) to
Central Business District (CBD). The properties are located on the east side of S.E. 2nd
Avenue, 80 feel south of S.E. 1st Street (approximately 0.85 acres); and
. A City initiated rezoning involving five parcels of land that consists of:
1. The North 69.5 feel of Lot 9 Block 78, containing a total of 0.22 acres.
2. The South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block 78, containing
a total of 0.044 acres.
8
III.E.
Planning and Zoning Boare 3ff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
3. The South 58 feet of Lot 14 Block 78, containing a total of 0.036 acres.
4. Lots 15 and 16 Block 78, containing a total of 0.304 acres.
5. All West of Railway Block 86 (less the North 25 feet of the street right-of-way),
containing a total of 0.153 acres.
from Central Business District - Railway Corridor (CBD-RC) to Central Business District (CBD)
for the properties described above, by adopting the findings of fact and law contained in the
staff report, and finding that 1he request and approval thereof is consistent wi1h the
Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) f5), 3.1.1 and 3.2.2 of
the Land Development Regulations.
Attachments: Location Map
Staff Report Prepared by: Estelio Breta, Senior Planner
9
III.E.
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ANNOUNCEMENTS
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LEGAL NOTICES
IilJlut_'~~
lmaOF"""::HEMlNl/i
A PUBUC HfAAING will be held oolhe
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lEGAL NOTICES
~~~===.
CllyCommissicr1Cllambers.100NW
lsl_Aveoue_Del~Beach.Aorida.al
which lime lheCIIV Commission will
(:(l(lSjdertl1eiradoptioo,Theproposeoj
O~maybeinspectedatlhe
0Ilice Q/IheCily ClOOl al City Hall, 100
NWls1Avenue.DeII1!yBeach,AJrida
betweenltoehoursot8:OOam,andS:OO
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MOlNAHCENO.79-Q5
AN ORDINANCE Of THE CITY COM-
MISSION OfM ClTYfY'D8.RAY
llEACH. MRIDA AMENDING APPEN-
DIX"A" Of THE LAND DEv'8..OPMENT
REGULATIONS. BY ADOlf<<> OffiNI-
noNS Of A PUBLIC PARKING FACILI-
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PARKING FACILITY: AMENDING S8;-
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LEGAL NoncES
~ ;'~~'-B~u:fRk~N~'-"I'~~
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AlTERNATIVE PROVISIONS A)R
ACCOMMOOATlNG,REOLURED PARK-
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PROVIDING FOR RENUMBERING
PfIOVIOING A SAVING ClAUSE,A
GENERAl AEl'EALER a..AUSE, AND
AN EFFR:TM DATE
t:JAl)NHcENO.1lI-Il5
M ORDINANCE Of THE CHY COM.
MISSION Of THE CITY OF OORAY
BEACH. R.ORIDA. REZONING AND
PLACING lANO PflESENTlYZO'N8:l
~ES:=n~~~Rr?Js~
IRM) orsrnICT:SAlO lANO BEING A
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SW 1st AVENUE AND SW 2nd
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LEGAL NOnCES
AvtMll:. A::J MUffi: t'AHIK;UlAHLY
DESCRIBED HEREIN: AMENDING
"ZONING MAP OF DRRAY 8fACH
FlOflIDA APRll200S": PACMDlNG A
GENEFlAlREPfALERClAJJSE,ASAV-
ING CLAUSE, AND AN EFfECTIVE
DATE
0A1MNAHCf NO. 8HI5
AN OfIDINANCE OF THE CfTY CCII.l-
MISSION Of THE CITY OFoaRAY
a&.cH, R.ORIDA, REZONING AND
I'lAClfIIG lAND PRESENTlY ZONED
CENTRAlBUSINESSDISTRICT-RAll_
ROAD COflRIOOOtJCBD-RC) orsmlCT
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SlOES DFSE 2ND AVENUE, BErv'IffN
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AS MORE PARTICULARLY
DESCRIBED HEREIN: AMENDING
'ZONING MAP OF DaAAY BEACH
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H..UH1UA.At'NIL<!I.IU:l':t'ItlJVIUINbA
GENERAlREPEALfR CLAUSE, ASAV.
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DATE.
lJflllfUHCEND.82..s
AN ORDINAI<<:E OF THE CITY coo-
MISSION. DFTHECrTYOFOB..RAY
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camIAl8USlNESSDISTRICT -RAIL-
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lOCAiED ONTI-IE'h'ESTSIOEOFSE
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MORE PARTICULARLY DESCRIBED
HEREIN: AMENDING "ZONING MAP OF
OELRAY BEACH. flORIDA. APRIL
200S": PROVIDING A GENERAL
REPEALER CLAUSE, A, SAVING
CLAlJ5E-ANOJ\N8f€CTlVEOATE
ORDINANCE NO. 83-G5
AN DROlNANa: OF THE CITY COM-
MISSION OFl1iE CITY OFOB..RAY
BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED
~PJ&~1fuVEGEN~~~
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EAST CORNER OF SOUTH fEDEJW.
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HEABN;~DlN.G "ZONING MAP Of
ORRAY BEACH,R.ORIDA, APRIL
2005": PROVIDING A GENERAL
REPEALER ct..AUSC. A SA~G
Q.AU5E,ANOANEFfECTlVEOAlE
Please be acIvlsed tnat if ~,'pllllIOl1
deddesmappealmfllecisionrTlldeby
theCllyColm1issicnwilhlespedtQany
matterlXJ!l$derediltlheseheilringS,
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to be based. TheOtyooesnolpn1Me
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ClTYOFDB..RAYBfACH
CheYelleD.Nubin
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PUBUSl-l: ThUts..QlI:ember22.2llOS
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