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Ord 33-00ORDINANCE NO. 33-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT, IN PART, AND GC (GENERAL COMMERCIAL) DISTRICT, IN PART, IN THE CBD (CENTRAL BUSINESS DISTRICT); SAID LAND BEING LOCATED ON THE EAST AND WEST SIDES OF S.E. 5TM AVENUE (SOUTHBOUND FEDERAL HIGHWAY) AND S.E. 6TM AVENUE (NORTHBOUND FEDERAL HIGHWAY) BETWEEN S.E. 3m~ STREET AND S.E. 4TM STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994'; 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, as being zoned AC (Automotive Commercial) District, in part, and GC (General Commercial) District, in part; and WHEREAS, at its meeting of August 21, 2000, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, //lofida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of CBD (Central Business District) for the following described property: Lots 1 through 24, inclusive, according to the Plat of Subdivision of Block 112, Delray Heights, recorded in Plat Book 1 at Page 130 of the Public Records of Palm Beach County, Florida, less rights-of-way for U.S. Highway No. 1 in Delray Beach, Palm Beach County, Florida. Together with Lots 1 through 6, inclusive, of Block 120 of the Blank-Nichols Subdivision, recorded in Plat Book 13, Page 28, Public Records of Palm Beach County, Florida, less the West 5 feet road right-of-way. Together with North 87.5 feet of West 143 feet of the South One-Half (S ½) of Block 120 (less the East 8 feet alley right-of-way and the West 5 feet U.S. Highway No. 1 fight-of-way); and South One-Half (S ½) of Block 120 (less North 87.5 feet, South 122 feet, East 163.3 feet and West 5 feet U.S. Highway No. 1 right-of-way); and South 70 feet of the West 127 feet (less West 5 feet U.S. Highway No. 1 right-of-way) and North 52 feet of South 122 feet of the West 143 feet (less West 5 feet U.S. Highway No. 1 right-of-way), all lying in Block 120, Town of Delray, recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida. Together with Lots 1 through 12, inclusive, Block 104, according to the Plat of Osceola Park, recorded in Plat Book 3 at Page 2 of the Public Records of Palm Beach County, Florida, less right-of-way for U.S. Highway No. 1 in Delray Beach, Palm Beach County, Florida. The subject property is located on the east and west sides of S.E. 5th Avenue (southbound Federal Highway) and S.E. 6 Avenue (northbound rd th Federal Highway) between S.E. 3 Street and S.E. 4 Street; containing 6.4 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 2 Ord. No. 33-00 Section 5. That this ordinance shall become effective on the date that a final order is issued by the Department of Community Affairs finding Comprehensive Plan Amendment 2000-2 in compliance in accordance with Chapter 163.3184, Florida Statutes; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, Florida Statutes. 5th PASSED AND ADOPTED in regular session on second and final reading on this the dayof December ,2000. MAYOR ATTEST: ity Clerk ~ t First Reading November 21, 2000 Second Reading December 5, 2000 3 Ord. No. 33-00 ,. · A I L A N T I c~A v E N U E I ~ ~ ' ' WOMEN'S ~ , ~ . / z BUClD* RD N STEVE MOORE SITE & ADJACENT PROPERTIES R~ONING ~ROM: GO (GENEraL OOMMERSI~) & AC (A~OMOTIVE CiTY Or D[LRAY ~[A~, FL PLANNINC & Z~ING DmArT.e.- TO: CBD (CENT~ BUSINESS DIS~ICT) BUD'S I L CITY COMMisSION DOCUMEN~ATION TO: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAG~ JEFFREY A. COSTELLO, PRINCIPA~ ~IANNER MEETING OF NOVEMBER 21, 2000 CITY AND PRIVATELY INITIATED REZONINGS FROM AC AND GC TO CBD FOR THE STEVE MOORE CHEVROLET SITE AND ADJACENT COMMERCIAL PROPERTIES LOCATED ON THE EAST AND WEST SIDES OF SE 5th AND 6TM AVENUEST BETWEEN SE 3rd AND 4TM STREETS. BACKGROUND/ANALYSIS The rezonings from AC (Automotive Commercial) and GC (General Commercial) to CBD (Central Business District) involve approximately 6.4 acres of developed land and are being processed in conjunction with associated Future Land Use Map amendments from GC (General Commercial) and Redevelopment Area #5 to CC (Commercial Core). The FLUM amendment and rezoning from AC (Automotive Commercial) to CBD were requested by the owners of the former Steve Moore Chevrolet Dealership (Auto Nation), so the property could be redeveloped to accommodate a mixed-use project. The areas adjacent to the dealership were added by the City, in order to "square off" the boundaries of the CBD. At its meeting of September 7, 2000, the City Commission approved transmittal to the Florida Department of Community Affairs (DCA) the associated FLUM amendments for the property in conjunction with Comprehensive Plan Amendment 2000-2. There were no comments made by DCA with regard to the associated FLUM amendment, and it is scheduled for second reading at the December 5th City Commission meeting. If approved on first reading, the second reading of the rezoning ordinance will occur at the same meeting as the adoption of the Comprehensive Plan amendment. A full analysis of the FLUM amendments and rezonings are provided in the attached Planning and Zoning Board staff report. PLANNING'A'ND~'ZONING 'BOARD coNS'Iii~ER~TION~?'~: :~': ]j The Planning and Zoning Board held a public hearing on this item on August 21, 2000 in conjunction Comprehensive Plan Amendment 2000-2. There was no public testimony regarding the request. The Board voted 6-0 to recommend approval of the proposed FLUM amendments from Redevelopment Area #5 and GC (General Commercial) to CC (Commercial Core) and rezonings from AC and GC to CBD. Approve on first reading the rezonings from AC and GC to CBD for the former Steve Moore Chevrolet Dealership and adjacent commercial properties, based upon positive findings with Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and set a public hearing date of December 5, 2000. Attachments: ////,=,~'//0~ -, · Planning and Zoning Board staff report of August 21, 2000 ~ ~ (~) · Ordinance by Others I 7. C . 12B Friday, November 24, 2000 ~ooo elon). 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