47-97 WITHDRAWN ON SECOND AND FINAL READING - 2/17/98
ORDINANCE NO. 47-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RL (LOW DENSITY RESIDENTIAL/3-6
UNITS PER ACRE) DISTRICT IN THE RM-8 (MEDIUM
DENSITY RESIDENTIAL/5-8 UNITS PER ACRE) DISTRICT;
SAID LAND BEING COMMONLY KNOWN AS A PORTION OF THE
YAKE PROPERTY LOCATED APPROXIMATELY 850 FEET EAST
OF U.S. HIGHWAY #1, NORTH OF DENERY LANE, SOUTH OF
ROYAL PALM BOULEVARD, AND IMMEDIATELY WEST OF AND
ADJACENT TO THE INTRACOASTAL WATERWAY, 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, dated
April, 1994, as being zoned RL (Low Density Residential/3-5 units per
acre) District; and
WHEREAS, at its meeting of October 20, 1997, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at a public hearing and voted 3 to 2 to
recommend that the property hereinafter described be rezoned, based
upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, 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, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of RM-8 (Medium Density
Residential/5-8 units per acre) District for the following described
property:
Ail that part of Lot 1, Correction Map Showing
Subdivision of Property of Harry Seemiller situated
in Lots 36, 1 & 3 Section 9, Township 46S, Range
43E, Palm Beach County, Fla., according to the Plat
thereof recorded in the Office of the Clerk of the
Circuit Court in and for Palm Beach County,
Florida, in Plat Book 9, Page 72, Palm Beach County
Records, more particularly described as follows:
WITHDRAWN ON SECOND AND FINAL READING - FEBRUARY 17, 1998
Commencing at the northwest corner of Lot 18, Block
"C", of La Hacienda, as shown on Plat recorded in
Plat Book 15, Page 6, Palm Beach County Records;
thence North at right angles to the North line of
said Lot 18, a distance of 8 feet to the North line
of alley as shown on Plat of La Hacienda, which is
the point of beginning; from said point of
beginning run North at right angles to the North
line of La Hacienda, a distance of 239 feet, more
or less, to the North line of Lot 1 of said Harry
Seemiller's Subdivision; thence East along the
North line of Lot 1 of said Harry Seemiller's
Subdivision to the West right-of-way line of the
Intracoastal Waterway; thence southerly along the
West right-of-way line of the Intracoastal Waterway
to the North line of La Hacienda; thence westerly
along the North line of La Hacienda to the point of
beginning;
AND
Lots 20 to 27, inclusive, and Lots 29 to 34,
inclusive, Block C; Lots 21 to 27, inclusive, and
Lots 29 to 34, inclusive, Block E; and all of Block
F of La Hacienda, a subdivision in Palm Beach
County, Florida, as per Plat thereof recorded in
Plat Book 15, Page 6, of the Public Records of Palm
Beach County, Florida;
AND
That certain parcel of real property shown on the
Plat of La Hacienda, a subdivision in Palm Beach
County, Florida, as per Plat thereof, recorded in
Plat Book 15, Page 6, of the Public Records of Palm
Beach County, Florida, which parcel is designated
"Lake" and which lies between Lake Avenue N and
Lake Avenue S and which surrounds Block F and Lake
Trail in said Subdivision.
Including lots, blocks, easements, rights-of-way,
streets and alleys as shown on the above described
Plats, as vacated by Resolution No. R-82-17 of the
Board of County Commissioners of Palm Beach County,
Florida, recorded January 22, 1982, in Official
Records Book 3662, Page 1600, of the Public Records
of Palm Beach County, Florida.
- 2 - Ord. No. 47-97
The subject property is located approximately 850
feet east of U.S Highway #1 north of Denery Lane,
south of Royal Palm Boulevard, and immediately west
of and adjacent to the Intracoastal Waterway;
containing 12.4 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.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
MAYOR
ATTEST:
City Clerk
First Reading JANUARY 6, 1998 - PASSED
Second Reading FEBRUARY 17, 1998- WITHDRAWN
- 3 - Ord. No. 47-97
M.S.A. TRACT
DE~.Ra~' GULF STREAM
sw~P SHOP GOLF CLUB
RM
WA'IERWAY Ni:3~TH CONDO
~ (A PORTION OF YAKE PROPERTY)
CITY OF O£LRAY ~£ACH, gL
PLAt4NINC & ZONINC OEPARll~[NT FROM: RL (LOW DENSlIY RESIDENTIAL) TO: RM (MEDIUM OENSITY RESIDENTIAL)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/~i
SUBJECT: AGENDA ITEM ~/~ - REGULAR MEETING OF JANUARY 6, 1998
ORDINANCE NO. 47-97 (REZONING FOR A PORTION OF THE YAKE
PROPERTY)
DATE: JANUARY 2, 1998
Ordinance No. 47-97 rezones approximately 12.4 acres of the 17.5 acre
Yake property from RL (Low Density Residential/3-6 units per acre) to
RM-8 (Medium Density Residential/5-8 units per acre). At first
reading on November 4, 1997, the Commission passed the ordinance by a
vote of 3 to 2 (Mr. Ellingsworth and Mr. Randolph dissenting). A
quasi-judicial public hearing was subsequently scheduled for November
18, 1997.
At the applicant's request, the hearing on November 18th was
continued to the date certain of December 2, 1997. On December 2nd,
the applicant requested and was granted a further continuance to
January 6, 1998.
We are now in receipt of a third request to postpone the hearing for
another six weeks, or to February 17, 1998, at 7:00 p.m. In
discussing this with the City Attorney, she feels that the Commission
may go ahead and grant the continuance but should condition the
postponement on readvertising the petition to ensure adequate public
notice.
I recommend that the Commission approve the request for a continuance
to the date certain of February 17, 1998, at 7:00 p.m., subject to
the petition being renoticed (including newspaper advertisement and
individual notice to property owners within 500 feet of the subject
property), and that the applicant pay all costs associated with
readvertising.
ref:agmemol5
12:42 ~ 487 2?9 6989 LIST[¢{ $ KRALL 82
January 2, 1998
Diane Dominquez
Planning & Zoning Director
Via facsimile
243-7221
R~: Porton companies,
Yaks Property
Dear Mrs. Dominquez:
Per our telephone conversation, please postpone the re~onlng
proceeding for six (6) weeks.
Thank you for your cooperation.
very ~ruly yours,
Mtchael]~7~l~t.iek..
~4L/lek
cc: Scott Porton (Facsimile)
RECEIVED
CITY CLERK
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY M32XlAGER~
SUBJECT: AGENDA ITEM # ]0~- REGULAR MEETING OF DECEMBER 2, 1997
ORDINANCE NO. 47-97 (REZONING FOR A PORTION OF THE YAKE
PROPERTY)
DATE: NOVEMBER 26, 1997
Ordinance No. 47-97 rezones approximately 12.4 acres of the 17.5 acre
Yake property from RL (Low Density Residential/3-6 units per acre) to
RM-8 (Medium Density Residential/5-8 units per acre). At first
reading on November 4, 1997, the Commission passed the ordinance by a
vote of 3 to 2 (Mr. Ellingsworth and Mr. Randolph dissenting). A
quasi-judicial public hearing was subsequently scheduled for November
18, 1997.
At the applicant's request, the hearing on November 18th was
continued by the City Commission to the date certain of December 2,
1997, at 7:00 p.m. We have now received another request for
postponement from Michael Listick, the applicant's attorney. The
applicant is still in the process of working with various agencies on
water management and environmental issues. This may result in the
number of units being decreased to the point where the project can be
accommodated under the present zoning classification.
In view of the unresolved issues, I recommend that the applicant's
request be honored and Ordinance No. 47-97 be continued to the date
certain of January 6, 1998, at 7:00 p.m.
ref:agmemol5
Via ~aosimile & Mail
~ovember 25, 1997
Mrs. Diane Dominquez
Planninq & Zoning Director
city of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Porton Co~panies,
YaXo Parcel
Dear Diane:
This will confirm that the second reading of the rezoning
should be postponed approximately a month. You indicated that you
will schedule it for the first meetinq in January, 1998.
Very~tr~s,
Michael M. ~lstick
~L:lek
cc: Scot= Pot=on (Fax and Mail)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'~1
SUBJECT: AGENDA ITEM ~/OA-I REGULAR MEETING OF FEBRUARY 17, 1998
ORDINANCE NO. 47-97 (REZONING FOR A PORTION OF THE YAKE
PROPERTY/WITHDRAWNBYAPPLICANT)
DATE: FEBRUARY 12, 1998
On January 6, 1998, at the applicant's request, Ordinance No. 47-97
rezoning a portion of the Yake property was continued to the date
certain of February 17, 1998. It was the third request for
postponement. While the Commission approved the continuance, it was
subject to renoticing the application at the applicant's expense and
with the understanding that it was the final continuance. The
applicant would either be prepared to proceed with a formal hearing
on February 17th or withdraw the petition.
Attached is a letter from the applicant's attorney withdrawing the
rezoning application. It is anticipated that the project will be
able to proceed under the current zoning classification of RL (Low
Density Residential/3-6 units per acre).
From a procedural standpoint, the item has been placed on the agenda
to formally accept the withdrawal and close out the ordinance file
for the record.
I recommend that the Commission, by motion, accept the applicant's
withdrawal of Ordinance No. 47-97.
ref:agmemol5
, 02xO~xg~ ]0:4g ~ ~7 279 6~09 LISTICK ~ KR~LL 82
.&TI.ANTIC AVl' 14 LJ ~
IIACW. I~).0~1 ID A
{l~tl Z71-7414
February 3, 1998
Mrs. Diane Dominguez
Planning & Zoning Director
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Facsimile and Mail
551-243-7221
Re: Porten Companies,
Yake Property
Dear Mrs. Dominguez:
This will confirm that the site plan which is proposed is so
low in density that the change of zoning is not necessary. Unless
unexpected changes are made in the site plan approval and
regulatory approval process, it is anticipated that the project
will proceed under the current zoning.
Accordingly, Mr. Porten has authorized me to have the zoning
petition indefinitely removed from the agenda and all further
proceedings may be terminated.
very truly yours,
Michael M. ht,~ick
MLK: lek
cc: Scott Porten (FaK and Mail)
ORDINANCE NO. 47-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RL (LOW DENSITY RESIDENTIAL/3-6
UNITS PER ACRE) DISTRICT IN THE RM-8 (MEDIUM
DENSITY RESIDENTIAL/5-8 UNITS PER ACRE) DISTRICT;
SAID LAND BEING COMMONLY KNOWN AS A PORTION OF THE
YAKE PROPERTY LOCATED APPROXIMATELY 850 FEET EAST
OF U.S. HIGHWAY #1, NORTH OF DENERY LANE, SOUTH OF
ROYAL PALM BOULEVARD, AND IMMEDIATELY WEST OF AND
ADJACENT TO THE INTRACOASTAL WATERWAY, 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, dated
April, 1994, as being zoned RL (Low Density Residential/3-5 units per
acre) District; and
WHEREAS, at its meeting of October 20, 1997, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at a public hearing and voted 3 to 2 to
recommend that the property hereinafter described be rezoned, based
upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, 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, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of RM-8 (Medium Density
Residential/5-8 units per acre) District for the following described
property:
All that part of Lot 1, Correction Map Showing
Subdivision of Property of Harry Seemiller situated
in Lots 36, 1 & 3 Section 9, Township 46S, Range
43E, Palm Beach County, Fla., according to the Plat
thereof recorded in the Office of the Clerk of the
Circuit Court in and for Palm Beach County,
Florida, in Plat Book 9, Page 72, Palm Beach County
Records, more particularly described as follows:
Commencing at the northwest corner of Lot 18, Block
"C" of La Hacienda, as shown on Plat recorded in
Plat Book 15, Page 6, Palm Beach County Records;
thence North at right angles to the North line of
said Lot 18, a distance of 8 feet to the North line
of alley as shown on Plat of La Hacienda, which is
the point of beginning; from said point of
beginning run North at right angles to the North
line of La Hacienda, a distance of 239 feet, more
or less, to the North line of Lot 1 of said Harry
Seemiller's Subdivision; thence East along the
North line of Lot 1 of said Harry Seemiller's
Subdivision to the West right-of-way line of the
Intracoastal Waterway; thence southerly along the
West right-of-way line of the Intracoastal Waterway
to the North line of La Hacienda; thence westerly
along the North line of La Hacienda to the point of
beginning;
Lots 20 to 27, inclusive, and Lots 29 to 34,
inclusive, Block C; Lots 21 to 27, inclusive, and
Lots 29 to 34, inclusive, Block E; and all of Block
F of La Hacienda, a subdivision in Palm Beach
County, Florida, as per Plat thereof recorded in
Plat Book 15, Page 6, of the Public Records of Palm
Beach County, Florida;
That certain parcel of real property shown on the
Plat of La Hacienda, a subdivision in Palm Beach
County, Florida, as per Plat thereof, recorded in
Plat Book 15, Page 6, of the Public Records of Palm
Beach County, Florida, which parcel is designated
"Lake" and which lies between Lake Avenue N and
Lake Avenue S and which surrounds Block F and Lake
Trail in said Subdivision.
Including lots, blocks, easements, rights-of-way,
streets and alleys as shown on the above described
Plats, as vacated by Resolution No. R-82-17 of the
Board of County Commissioners of Palm Beach County,
Florida, recorded January 22, 1982, in Official
Records Book 3662, Page 1600, of the Public Records
of Palm Beach County, Florida.
- 2 - Ord. No. 47-97
The subject property is located approximately 850
feet east of U.S. Highway #1, north of Denery Lane,
south of Royal Palm Boulevard, and immediately west
of and adjacent to the Intracoastal Waterway;
containing 12.4 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.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 47-97
BOSTON
~.S~ ~RACT
DeL;~)' GULF' STREAM
sw~° ~ GOLF CLUB
RM
WA ~RIVA Y NOR YH CONDO
N REZONING
~ (A PORTION OF YAKE PROPERTY)
OTY OF I)EtRAY BEACH, FL
PLANNING & ZONINC D[PARTMEN1 FROM: RL (LOW DENSITY RESIDENTIAL) TO: RM (MEDIUM DENSITY RESIDENTIAL)
-- O~?TA~ 2~15E ~ S~T~'M -- MAP REF: LldlBO
I HIGHWAY APPROX,~TELY
~:~ P~. ~ ~ ~ j ~ FEET ~UTH ~ ~ ~T AVENUE,
~ ~ ~ ~ ~ ~ ~ ~ ~IBED HEREIN; ~NDING
ri~ ~ F~, ~ ~ ~ ~ ~ RE~ALEK ~, A
~ ~ ~ ~ I:~ ,.m. ~ J:~ ~ ~DI~NCE ~ ~E CITY C~-
;.m., ~y ~ Fray, ~ ~ISSION OF THE CITY OF DELRAY
~ Afl ~ ~d~ ~ ~- I~CH, FLORI~ ~NDING SEC-
~ ~ ~ ~ ~ ~ ~ rm ~ ~(K), ~EE~ ~ THE
;THE CITY OF OELR~Y
~4~ - I~REASING ~ND DEVELOP-
MENT FEE~ AND
~ ~DINAN~E OF THE CITY ~ ~W F~S; ~ENDI~ SECTI~
~l~l~ ~ THE CI~ OF ~LRAY J'~.~, ~R~E~RES ~OR OBTAIN,
BEACH, FLORID~ RE. lNG AND { lNG ~VELOPMENT AP~OVA~t
P~CiNG ~ND PRESENTLY j &Y ~ENDI~ THE N~E ~D
~EO RL (L~ ~NSITY RESI- ! ~FINiTt~S FOR SiTE AND DE*
~NTIA~ UNITS PER ACRE) ~ V~OP~NT. P~S; E~CTING A
· DISTRICT tN THE ~ (~EDIU~ ~ NEW SECTION
~NSITY RESI~NTIA~ UNITS ~ ~N~ENT TO THE ~NO
PER ACREJ DISTRICT; SAID ~ND ~ ~LO~ENT REGU~TIO~, 70
BEING ~NLY KNOWN AS A ~OVIDE ~ A ~RE TO
~TI~ OF THE YAKE PROPER- [,~ND ~ID ~NO ~VELOP-
~ L~TED AR~OXI~TELY ~ ~NT REGU~IT~5; ADDING
FEET ~T ~ U~ HIGHWAY ~, ~BSECTION
~RTH ~ DENERY ~NE, ~UTH ~ER~INATION ~ SI~I~RITY
~ ~Y~ PA~ ~UL~ARO, ~ U~*, TO SECT~ ].4.S; ~LET-
~O I~EDIATELY WEST ~ AND ~ SUB~CTION
ADJACENT TO THE INTRACOAMAL ~E~INATION ~ SI~I~RITY
WATERWAY, AS ~RE PARTICU- ~ ~, FR~ ~CTI~ 2.4~,
~RLY ~RI~D HEREIN~ ~R~RES ~ ~TAINING
~' ~EN~ ~ING ~P ~ DEL. ' ~RMITS ~D ~PPROVAL~;
RAY BEACH, FLORIDA, ~, PRO ~NDING ~CTI~
VIDING A ~RAL RE~ALER ~R~EDURES ~R ~TAINING
~U$[, A ~VI~ C~USE, ~D : ~LIEF FR~ C~RLIA~E WITH
~ EFFECTt~ DATE. ~TIONS ~ T~ LDR~, BY PPG
, VIDING FOR A ~ESSING FEE;
~ ~N~ENT~, 10 REFERENCE
AN ORDINANCE ~ THE CI~ C~ '~E PR~EOURE AT SECTION
~I~ION ~ ~E CITY ~ DELRAY ', ].~(~); ~ENDING THE TABLE
~H, FL~I~ ~SIG~TING ~ ~TENTS; PROVlDI~ A ~
~HE TURNER ~USE L~TED AT ~ REPAIR ~SE, A ~V.
I~ ~USL~D~ EFFECTIVE
1~ N.E. ~H AV~UE ~ ~E
~ RARTICU~Y ~RIBED ~TE.
-~REIN, ~ A L~L HISTORIC
SITE TO BE M~EO IN THE L~L ~ . ~ ~ ~ ~ ff I ~
REGISTER ~ HISTORIC P~CES; ~ ~ ~1 ~ ~ ~
~IDING P~ THE ~EN~ ~ ~ ~mi~ ~ r~
~LRAY ~CH, F~RI~ ~ ~ ~ ~11 ~ I ~ ~ ~
TO S~W THE HISTOR C OES~GgA- ~, ~ ~ ~ ~
TION IN AN OVERLY ~NNER; ~ ~y ~ ~ ~e ~t a
PROVIDING A GENERAL REPEAL- ~ ~d ~ ~
ER ~U~, A ~VING C~E, i~ ~e ~ ~ ~ ~al
~D~ EFFECTIVE DATE.
AN ORDINANCE ~ THE~ITY ~ m ~ DEL~Y aEACH
~I~ION ~THE CITY ~ ~LRAY " ~H~
~CI~ ~ND - ~ESENTLY
~NED GC (GENERAL C~ER-
~} DISTRJCT IN THE AC ~ ~ _?
~UT~OTIVE ~ERCIAL} DI~
CITY OF DELRAY BEACH, FLORIDA NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on the following proposed
ordinances at 7:00 P.M. on TUESDAY, NOVEMBER 18, 1997
(or at any continuation of such meeting which is set by the
Commission), in the City Commission Chambers, 100 N.W. 1st
Avenue, Delray Beach, Florida, at which time the City Commission
will consider their adoption. The proposed ordinances may be
inspected at the Office of the City Clerk at City Hall, 100 N.W.
1st Avenue, Delray Beach, Florida, between the hours of 8:00 a.m.
to 5:00 p.m., Monday through Friday, except holidays. Ail
interested parties are invited to attend and be heard with
respect to the proposed ordinances.
ORDINANCE NO. 47-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RL (LOW
DENSITY RESIDENTIAL/3-6 UNITS PER ACRE) DISTRICT IN THE RM-8
(MEDIUM DENSITY RESIDENTIAL/5-8 UNITS PER ACRE) DISTRICT; SAID
LAND BEING COMMONLY KNOWN AS A PORTION OF THE YAKE PROPERTY
LOCATED APPROXIMATELY 850 FEET EAST OF U.S. HIGHWAY #1, NORTH OF
DENERY LANE, SOUTH OF ROYAL PALM BOULEVARD, AND IMMEDIATELY WEST
OF AND ADJACENT TO THE INTRACOASTAL WATERWAY, 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.
ORDINANCE NO. 46-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, DESIGNATING THE TURNER HOUSE LOCATED AT 145 N.E. 6TH
AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL
HISTORIC SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTORIC
~---PLACES; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY
BEACH,-- FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN
OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 48-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL
COMMERCIAL} DISTRICT IN THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT;
SAID LAND BEING LOCATED ON THE EAST SIDE OF DIXIE HIGHWAY
APPROXIMATELY 170 FEET SOUTH OF LA MAT AVENUE, 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.
ORDINANCE NO. 50-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING SECTION 2.4.3(K), "FEES", OF THE LAND -
DEVELOPMENT REG~TIONS OF THE CITY OF DELRAY BEACH, BY
INCREASING LAND DEVELOPMENT FEES AND ESTABLISHING NEW FEES;
AMENDING SECTION 2.4.5, "PROCEDURES FOR OBTAINING DEVELOPMENT
APPROVALS", BY AMENDING THE NAME AND DEFINITIONS FOR SITE AND
DEVELOPMENT PLANS; ENACTING A NEW SECTION 2.4.5(M), "AMENDMENT TO
THE LAND DEVELOPMENT REGULATIONS", TO PROVIDE FOR A PROCEDURE TO
AMEND SAID LAND DEVELOPMENT REGULATIONS; ADDING SUBSECTION (N),
"DETERMINATION OF SIMILARITY OF USE", TO SECTION 2.4.5; DELETING
SUBSECTION (Q), "DETERMINATION OF SIMILARITY OF USE", FROM
SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS AND APPROVALS";
AMENDING SECTION 2.4.7, "PROCEDURES FOR OBTAINING RELIEF FROM
COMPLIANCE WITH PORTIONS OF T~E LDRS", BY PROVIDING FOR A
PROCESSING FEE; AMENDING SECTION 1.1.6, "AMENDMENTS", TO
REFERENCE THE PROCEDURE AT SECTION 2.4.5(M); AMENDING THE TABLE
OF CONTENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered
at this hearing, such person will need a record of these
proceedings, and for this purpose such person may need to ensure
that a verbatim record includes the testimony and evidence upon
which the appeal is to be based. The City does not provide or
prepare such record. Pursuant to F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
November 7, 1997 Alison MacGregor Harty
City Clerk
*****************************************************************
Instructions to the Newspaper:
This is a standard legal advertisement to be published in the
legal/classified section of the newspaper. There are no special
requirements. Thank you.
11/14/97 14:24 ~ ~07 278 6999 LIST[CK ~ KRaLL 82
LISTICK & KRALL~
I~1~ [ ATLANTIC AVENUE
DI:LRAY III[A{~H. FLORIDA
Mrs. Diane Dominguez November 14, 1997
Planning & Zoning Director
City of Delray Beach
100 N.W. 1st Avenue
Delra¥ Beach, FL 33444
Facsimile and Mail
561-243-7221
Dear Mrs. Dominguez:
This will confirm that the Porten Properties, Imc, wishes to
temporarily postpone %he second reading of the ordinance for
rezoning the Yaks Property. The &pplioant wishes thil short
postponement to study certain en¥ironmental aha engineering issues
which could affect the proposed sits plan. At this ti~e we
anticipate being ready for the mgen4a for the following City
Commission meeting. By no means Is the applicant abandoning the
proposed project.
~~yours,
Michael M. Llstiok
MLK: lek
cc: Scott Porten (FaX and Mall)
RECEIVED- ........
CITY CLERK
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf~
SUBJECT: AGENDA ITEM ~/~- REGULAR MEETING OF NOVEMBER 18, 1997
ORDINANCE NO. 47-97 (REZONING A PORTION OF THE YAKE
PROPERTY FROM RL TO RM-8)
DATE: NOVEMBER 14, 1997
This is second reading and a quasi-judicial public hearing for
Ordinance No. 47-97 which rezones approximately 12.4 acres of the
17.5 acre Yake property from RL (Low Density Residential/3-6 units
per acre) to RM-8 (Medium Density Residential/5-8 units per acre).
The property is located approximately 850 feet east of North
Federal Highway, north of Denery Lane, south of Royal Palm
Boulevard, and immediately west of and adjacent to the
Intracoastal Waterway.
The full background and analysis of the request is contained in
the attached Planning and Zoning staff report. The applicant had
originally requested a zoning of RM without a suffix, but has
amended the application to RM-8 (see attached letter from the
applicant's attorney, Michael Listick).
The Planning and Zoning Board held a public hearing on the
rezoning request to RM (6-12 units per acre) on October 20, 1997.
Several members of the public expressed concerns related primarily
to traffic (particularly on Bond Way), and to the compatibility of
the proposed density with adjacent residential areas. The Board
voted 3 to 2 (Bird and Carbone absent) to recommend approval of
the rezoning to RM.
Subsequent to the Board's action, the applicant and his attorney
met with Planning and Zoning staff to discuss the proposed
development. The proposed project density is well below the
maximum permitted by the RM zoning. Therefore, they amended the
application by requesting that a suffix of "8" be added to the RM
classification. This will limit the density of any development
that is proposed for this property to no more than 8 units per
acre, thus reducing the potential traffic and other impacts of the
potential additional units.
At first reading on November 4, 1997, the Commission passed the
ordinance by a vote of 3 to 2 (Mr. Ellingsworth and Mr. Randolph
dissenting).
Recommend approval of Ordinance No. 47-97 on second and final
reading.
ref:agmemol6
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: October20, 1997
AGENDA ITEM: V.C.
ITEM: Rezoning from RL (Low Density Residential) to RM (Medium Density
Residential) for a portion of the Barbara Yake property, located on the
West Side of the Intracoastal Waterway, between Bond Way and
Royal Palm Boulevard.
GENERAL DATA: ................
Owner ............................ Barbara L. Yake
Agent .............................. Listic & Krall, P.A.
Location ......................... West side of the Intracoastal
.o~.
Waterway, between Bond I I t IIIIIIIII, Ii
Way and Royal Palm Blvd.
IIIIg ~-
Property Size ................. 12.34 Acres 'l"'J~ i"i ~J~~
Future Land Use Map .... Medium Density (5-12
units/acre) t II ,,., .,., . I IIIIII I III1~ ~~.
Current Zoning ............... RL (Low D~,s~ Res~e,t,~) ~111111111111~~~
Proposed Zoning ............ RE (Medium Density Residential) IIIIIIIIIIIIl~J~~;.
Adjacent Zon,ng...North: RM
East: Intracoastal Waterway
West: RL
Existing Land Use .......... Vacant
Proposed Land Use ....... Rezoning the parcel to --,
accommodate a proposed
townhouse development.
Water Service ................ n/a
Sewer Service ................ n/a -- __
V.C.