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48-97 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. 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 GC (General Commercial) 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 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 AC (Automotive Commercial) District for the following described property: Tract B, Falterbauer Property, according to the Plat thereof as recorded in Plat Book 68, Page 55, of the Public Records of Palm Beach County, Florida. The subject property is located on the east side of Dixie Highway, approximately 170 feet south of La Mat Avenue; containing 0.24 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.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 ~OPTED in regular session on second and final reading on this the 18th day of Nove~er ~ , 1997. ATTEST: - ~ity~l~ / First Reading November 4, 1997 Second Reading November 18, 1997 - 2 - Ord. 48-97 PC ~o~ ,, ~o~~~ OSR DELRAY GMC TRUCKS PLAZA ESTA TE CONDOS MILLER RM PARK SHERWOODpoNTiAC DOTTEREL ROAD BUCKY DENT'S BASEBALL SCHOOL TOYOTA USED CARS CD DELRA Y KIA CURLEW -MAT AVENUE D--ELRA Y TOYOTA MORSE SA TURN DUMAR MOBILE PLAZA EASTVIEW HOMES VILLAGE C SHERWOOD HONDA DELRA Y SHOPPING TROPIC MOBILE CENTER VIEW HOMES L~ND£LL BLVD. AVENUE L N - REZONING - ~ SILK GARDEN OUTLET C1T¥ OF DELRAY BF'ACHo F'L PLANNING & ZONING DEPARTMENT FROM: CC (GENERAL COMMERCIAL ) TO: AC (AUTOMOTIVE COMMERCIAL) ---- OlGI)'~(. ~/L~r ~ .~)"~/TE/~' -- MAP REF': LM181 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~I SUBJECT: AGENDA ITEM ~/0"C'---- ~ REGULAR MEETING OF NOVEMBER 18, 1997 ORDINANCE NO. 48-97 (REZONING FROM GENERAL COMMERCIAL TO AUTOMOTIVE COMMERCIAL FOR PROPERTY LOCATED ON THE EAST SIDE OF DIXIE HIGHWAY, SOUTH OF LA MAT AVENUE) DATE: NOVEMBER 13, 1997 This is second reading and a quasi-judicial public hearing for Ordinance No. 48-97 which rezones a 0.24 acre parcel of land from GC (General Commercial) to AC (Automotive Commercial) District. The subject property consists of Tract B, Falterbauer Plat, and is located on the east side of Dixie Highway, approximately 170 feet south of La Mat Avenue. The site currently contains a 2,179 square foot building, 11 parking spaces, dumpster enclosure and associated landscaping. The site was recently vacated by The Silk Garden Outlet. The owner wishes to sell the property and is requesting the zoning change from GC to AC to accommodate an automotive repair shop. Additional background and an analysis of the request is found in the attached Planning and Zoning Board staff report. On October 20, 1997, the Planning and Zoning Board held a public hearing in conjunction with the review of the rezoning. There was no public testimony in favor or opposition to the rezoning request. The Board voted 5 to 0 (Bird and Carbone absent) to recommend approval of the rezoning, based upon positive findings with respect to policies of the Comprehensive Plan, Chapter 3 (Performance Standards), and Section 2.4.5(D) (5) of the Land Development Regulations. At first reading on November 4, 1997, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 48-97 on second and final reading, based upon the findings and recommendation of the Planning and Zoning Board. ref: agmemol0 THRU: DIANE DOMINGUEZ, DIRECTOR ~)F~ ~ J 0 DEPARTMENT OF PLANNING AND ZONING lb,- it ld 'q FROM: ~, S~~N~EER SUBJECT: MEETING OF NOVEMBER 4, 1997 REZONING FROM GC (GENERAL COMMERCIAL) TO AC (AUTOMOTIVE COMMERCIAL) FOR PROPERTY LOCATED ON THE EAST SIDE OF DIXIE HIGHWAY APPROXIMATELY 170' SOUTH OF LA MAT AVENUE The action requested of the City Commission is that of approval on first reading of an ordinance rezoning a 0.24 acre parcel of land from GC (General Commercial) to AC (Automotive Commercial) for The Silk Garden Outlet. The subject property is located on the east side of Dixie Highway approximately 170' south of La Mat Avenue. l:::;::::::::i:::i::::::::::::::::::::::: ::::~::::::::::i:i:i:::i:::i:::::::::;:::: ;::~ ~::~ ~::::::::::::::::::::::::::::::::::::::::::::i:::i:i:i:i:i: ::::~::: :~''::::: ~:::::::::::::::::::::::::::::~:~:~:~:~:~:~s:~:~:::~:~:~:~:::~:~:~:::~:.:~:::~:~:::::~:~:::~:~:~:~:~:~:~:~:::::::::::::::::::::::::~::::::::::::;:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~::::::::::s:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:::::::::::~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~ The subject property consists of Tract B of the Faulterbaur Plat, and contains 0.24 acres. The site currently contains a 2,179 square foot building, 11 parking spaces, dumpster enclosure, and associated landscaping. The site was recently vacated by The Silk Garden Outlet. The owner wishes to sell the property and is requesting a change in zoning from General Commercial (GO) to Automotive Commercial (AC) to accommodate an automotive repair shop. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. At its meeting of October 20, 1997, the Planning and Zoning Board held a public hearing in conjunction with the review of the rezoning. There was no public testimony in favor or opposition to the rezoning request. The Board voted 5-0 (Bird and Carbone absent) to recommend that the rezoning request be approved, based upon positive findings with respect to policies of the Comprehensive Plan, Chapter 3 (Performance Standards), and Section 2.4.5(D)(5) of the Land Development Regulations. By motion, approve on first reading the ordinance for the rezoning from GC (General Commercial) to AC (Automotive Commercial) based upon positive findings with respect to policies of the Comprehensive Plan, Chapter 3 (Performance Standards), Section 2.4.5(D)(5) of the Land Development Regulations, and setting a public hearing date of November 18, 1997. Attachments: · P&Z Staff Report and Documentation of October 20, 1997 · Ordinance by Others /c~. PLANNING AND ZONING BOARD CITY OF DELRA¥ BEACH ---STAFF REPORT--- MEETING DATE: October 20, 1997 AGENDA ITEM: V.D. ITEM: Rezoning from GC (General Commercial) to AC (Automotive Commercial) for the Silk Garden Outlet, located on the east side of Dixie Highway, approximately 175 feet south of La Mat Avenue. MILLER PARK BUCK)' DENT'S BA.~ALL SCHOOL GENERAL DATA: Owner/Applicant ............. Houssam Boutros Tannous Location .......................... East side of Dixie Highway, approximately 175.feet south of La Mat Avenue Property Size .................. 0.24 Acre Future Land Use Map ..... General Commercial Current Zoning ............... GC (General Commercial) Adjacent Zoning .... North: AC (Automotive Commercial) East: AC South: AC West: CD (Conservation District) Existing I'and Use .......... Existing building used for a silk flower shop Proposed Land Use ........ Rezoning the property to accommodate an automotive repair shop. Water Service ................. Existing on site. Sewer Service ................ Existing on site. UN(~LL C~15 M.D. The action before the Board is making a recommendation to the City Commission on a rezoning request from General Commemial (GC) to Automotive Commercial (AC) for Silk Garden Outlet property. The subject property is located on the east side of Dixie Highway approximately 170' south of La Mat Avenue and contains 0.24 acres. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. The subject property consists of Tract B of Faulterbaur Plat, and contains 0.24 acres. This parcel was in the County until annexed as part of the 1987 Enclave Act via Ordinance 38-89. In August 1990, a building permit to construct a 2,179 square foot structure was submitted concurrently with a plat for a proposed contractors office. Prior to the adoption of the LDRs in October 1990, site plan approval was only required for commercial structures over 5,000 square feet. Commercial structures under 5,000 square feet and their associated site plans were approved through the building permit process. The building permit was issued for the site with a condition that prior to issuance of a Certificate of Occupancy that the plat be recorded. The parcel was zoned Specialized Commercial (SC) until it was rezoned to Automotive Commercial (AC) with the Citywide rezoning associated with the approval of the Land Development Regulations in October 1990. This zoning was applied in error, given that the approved site plan was for a related business use. Therefore, a corrective rezoning was approved by the City Commission at its meeting of February 26, 1991 via Ordinance 25-91 changing the zoning from AC to GC (General Commercial). At its meeting of June 25, 1991, the City Commission granted Final Plat approval for the subject property with a waiver from the requirement to install a sidewalk along Dixie Highway. It was noted in the plat staff report, that the building was constructed and operating under a temporary Certificate of Occupancy as the Silk Garden Outlet. Silk Garden Outlet recently moved to South Delray Shopping Center and the structure is vacant. The current owner wishes to rezone the subject property from GC to AC to accommodate an auto repair use. P & Z Board Staff Report Rezoning from GC to AC for Silk Garden Outlet Page 2 The development proposal is to rezone the Silk Garden Outlet property from General Commercial (CC) to Automotive Commercial (AC). The rezoning is to accommodate an automotive repair shop. The site currently contains a 2,179 square foot building, 11 parking spaces, dumpster enclosure, and associated landscaping. No changes to the site are being proposed at this time. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::.-:.' '.~,::: -: ~ :::: ;: :,"~" '::':~' ;'~.'.~ ;: ~:? ;':::':: ~.~ 't' .'::: :'::: -',-::: ..:~.::':':;!::':::~::':::~.':'::::..':.~:'::~.~...:~.....:~¢~':.:..~.¥::~..~`'~:.~!~:~¢~j~f<~?;~!:~::~ :~.: REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.'1.'1 (Required Findings),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 following four areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The current Future Land Use Map designation for the subject property is General Commercial. The requested zoning change is from General Commercial (CC) to Automotive Commercial (AC). The proposed zoning designation of AC is consistent with the General Commercial Future Land Use Map designation. Pursuant to LDR Section 4.4.10(D)(6), within the AC zone district, the proposed vehicle repair shop is allowed as a Conditional Use. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Water service exists to the site via a service lateral connection to an 8" main which is located along the northern property line (a portion of the main is located on the adjacent Saturn Dealership property), and a fire hydrant is located at the northwest corner of the site within Dixie Highway right-of-way. P & Z Board Staff Report Rezoning from GC to AC for Silk Garden Outlet Page ,3 Sewer service exists to the site via a service lateral connection to an existing 6" main from the Saturn Dealership. No water or sewer main extensions or upgrades are required with the change in use. Drainage: Drainage is accommodated via on site swale areas and a French drain which is located within the parking lot. There will be little or no impact with respect to this level of service standard. Traffic: As the intensity of uses within the GC and AC zoning districts are similar, comparable traffic volumes would be generated. With the submittal of the Conditional Use application for the auto repair use, a traffic study must be provided which complies with the Palm Beach County Traffic Performance Standards Ordinance. There are no problems anticipated meeting this level of service standard. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: Trash generated each year by the proposed repair shop will be equal to or less than that generated by the commercial uses allowed under the GC zone district. The Solid Wa.~te Authority indicates in its annual report that the established level of service standards for solid waste will be met for all developments which have been accounted for in their Comprehensive Plan. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (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. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following was found: Land Use Element Policy A-2,4 - Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to P & Z Board Staff Report Rezoning from GC to AC for Silk Garden Outlet Page 4 properly control these uses and guide them to locations which best suits the community's future development, the following shall be adhered to: Auto related uses shall not be permitted in the CBD Zone District or within the geographic area along Federal Highway which extends four blocks north and three blocks south of Atlantic Avenue. Automobile dealerships may locate and/or expand west of Federal Highway, or between the one-way pair system (except as restricted above). Automobile dealerships may locate and/or expand east of Federal Highway, only north of N.E. 6th Street, except within the area lying east of Federal Highway north of N.E. 8th Street, or parcels fronting on N.E. 8th Street, and south of the north border of the Flea Market property. Within such excluded area, automobile dealerships may not locate or expand. New dealerships shall not locate nor shall existing dealerships expand south of N.E. 6th Street provided however, that automobile dealerships south of N.E. 6th Street may expand onto adjacent property which is currently in an auto related use and which is zoned to allow such use. Auto related uses which involve the servicing and repair of vehicles, other than as a part of a full service dealership, shall be directed to industrial/commerce areas. If the rezoning is approved, the use on the subject property will be changed from a retail use to an automotive repair shop. The development proposal is consistent with this Policy as the subject property is not located within the CBD zone district or the restrictive geographical area identified above. While the policy directs auto related uses invoiving the servicing and repair of vehicles to industrial/commerce areas, it seems appropriate in this instance to allow the automotive repair use under the AC zoning given the site is surrounded by AC zoning with a full service dealership that also has an auto repair function along Dixie Highway, as do many other dealerships located within this auto related corridor. Section 3.3.2 (Standards for Rezoning Actions.): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject property is bordered on the north, south and east by AC zoning and to the west by CD (Conservation District) zoning. Morse Saturn Dealership P & Z Board Staff Report Rezoning from GC to AC for Silk Garden Outlet Page 5 surrounds the parcel to the north, south, and east. Dixie Highway is located to the west, as well as the FEC Railroad and a City owned parcel known as Leon Weekes Environmental Preserve. Compatibility with the adjacent properties is not a concern as the property is surrounded by a car dealership and a preserve area which will remain as a conservation area/passive park. Section 2.4.5(D)(5) (Rezoning Findings): 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 applicant has submitted a justification statement which states the following: "The reason we need to have the zoning changed is so that we are zoned similar to all the businesses around us. We are surrounded by all three sides by automotive type businesses. Our lot is to small to make it a car lot, but it is ideal for a repair shop." Comment: The basis for which the rezoning is being sought most closely relates to Item "c". The proposed zoning is similar in intensity as allowed under the General Commercial Future Land Use Map designation. Given the small size of the lot and the surrounding land use of a full service automobile dealership, it is appropriate to rezone the property to AC. Compliance with 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. P & Z Board Staff Report Rezoning from GC to AC for Silk Garden Outlet Page 6 The site is currently developed and no modifications to the site are being requested at this time. The site received a notice of violation for failing to comply with the landscape code, including sodding the site and Dixie Highway right-of-way with St. Augustine 'Floratam', overall maintenance, and replacement of missing or dead material. addition, a mural was painted on the facade of the building which never obtained SPRAB approval. With the submission of the Conditional Use Application to establish the automobile repair use, the Applicant must address these items. The rezoning is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). Courtesy Notices: Courtesy Notices have been provided to Town and County and Tropic Palms Homeowners Associations. 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 rezoning from GC (General Commercial) to AC (Automotive Commercial) is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Also, positive findings can be made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that the AC zoning is similar in intensity as allowed under the General Commercial Future Land Use Map designation. A. Continue with direction. B. Recommend rezoning of Silk Garden Outlet from GC to AC based on positive findings with respect to Section 2.4.5(D)(1) (rezoning findings), Section 3.1.1, and the performance standards of Section 3.3.2. P & Z Board Staff Report Rezoning from GC to AC for Silk Garden Outlet Page 7 C. Recommend denial of a rezoning, based on a failure to make positive findings. Recommend approval of the rezoning request for Silk Garden Outlet from General Commercial (GC) to Automotive Commercial (AC), based upon positive findings with respect to Section 3.1.1 (Required Findings), Section 3.3.2 (Standards for Rezoning Actions), Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. Attachments: Location/Zoning Map Survey A PUELIC HEARING IUl 1De held off I ED O~ THE EAST S4OE Gq: ~XIE ~ ~ ~ ~i~ ~ : HIGHWAY APPROXI~TELY 7:~ P~ ~ ~Yj ~i FEET ~UTH ~ ~ ~T AVEN~E, ~IBED HEREIN; ~END;NG ~), ~ ~ CW ~m~ ~fNG ~P ~ DELRAY.BEACH~ ~t~ T~ ~ ~diM~ TIVEDATE. pm., ~y ~ Fray. e~ JlSSION OF THE CITY OF DELRAY *THE CITY ~ DELRAY BEACH, BY ~4T~ INCREASING ~ND ~VELOP- ~ENT FEES AND ESTABLISHING ~ ~DINANCE OF THE CI~ ~ ~W FEES; ~ENDING ~CTI~ ~15S1~ ~ THE Cl~ OF OELRAY [~.~, ~R~EDURES ~OR OBTAIN. BEACH. FLORIDA, REZ~ING AND ~ lNG ~VELOP~ENT P~CING ~ND PRESENTLY ~&Y ~NOI~ THE N~E Z~ED RL ~L~ DEnSiTY RESI- i ~FINITtONS FOR SITE AND DE. ~NTiA~ UNITS PER ACRE) ~ Y~OP~NT P~NS; E~CTING A DISTRICT IN THE R~ (~EOIU~ ~ NEW SECTION ~NSITY EESIDENTIAU~ UNITS ~ ~N~ENT TO THE PER ACRE) DISTRICT.' SAID ~ND ~ ~LOPMENT REGU~TIO~, TO BEING C~ONLY KNOWN AS A ~OVI~ F~ A PR~DURE TO ~TION OF THE YAKE PROPER. : ~ND ~ID ~ND ~VELOP- ~ L~TED APPROXI~TELY ~ ~ENT REGU~IT~S; ADDING FEET ~T ~ U~ HIGHWAY I1, ~BSECTION ~RTH ~ DENERY ~NE, ~UTH ~TER~INATI~ ~ ~ ~YAL PA~ BOULEVARD, ~ USE~, TO SECTI~ ].a.~; DELET- eD I~EOIATELY ~ST ~ AND '~ SUBSECTI~ AOJACENT TO THE INTRACOASTAL ~TE~I~ATION ~ WATERWAY, AS ~RE PARTICU. ~ ~, FR~ ~CTI~ ~RLY ~RIBED HEREIN; ~RES ~ ~TAINING ~ENDING ~ING ~P ~ OEL* ~RMITS ~O A~PROVAL~; RAY BEACH, FLORIDA ~. PR~ ~EMOING ~CTI~ VIDING A GENERAL REPEALER ~EOURES ~R ~TAINING ~USE, A ~V~MG C~USE, ~D '~LIEF FR~ ~PLIA~E W~TH ~ EFFECTI~ DATE. ~TIONS OF ~E LDR~, IY ~ VIOING F~ A ~ESSI~G FEE; I ~EN~ENT~ TO REFERENCE ~ ORDINANCE ~ THE CI~ C~ ; ~E PR~EDURE AT SECTION ~ISSI~ ~ THE CITY OF DEL~AY I t~(M); ~ENDING THE TABLE ~CH, FLORI~ ~SlG~TING L~ ~TE~TS, PROVIDI~ A GEN- THE TURNER ~USE L~TED AT I ~ REPEA~R ~USE, A ~V- 1~ N.E. ~H AV~UE ~ MORE 1.1~ ~US~D~ EFFECTIVE PARTICU~Y ~RIBED ~ ~TE. -~REIN, ~ A L~L HISTORIC SITE TO BE LISTED IN THE L~AL ~-~ ~ ~ ~ ~ REGISTER ~ HISTORIC P~CES; ~ ~ M ~ ~ ~ ~ by TO S~ THE HISTORIC ~SIGNA- ~ ~i~, ~ ~ ~ TI~ IN AN OVERLY ~NNER; . ~ ~y ~ M ~e PROVIDING A GENERAL REPEAL- ~ ~im ~ ~ ~ AN ~DINANCE ~ ~E~I~ C~ ~ ~ ~ DEL~Y ~EACH -~CH, F~I~ R~ING AND C~C~ ~ND ~ESENTLY ~NED ~ (GENERAL ~ER ~:~ ~) 'DISTRICT 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 REGULATIONS 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 t© 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. LEGAL VERIFICATION FORM FILE #: 97-213 PROJECT NAME: SILK GARDEN OUTLET LEGAL DESCRIPTION: Tract B, Falterbauer Property, according to the Plat thereof as recorded in Plat Book 68, Page 55, of the Public Records of Palm Beach County, Florida. SOURCE of Legal Description: Old Survey (copy attached) VERIFIED BY'.'~~ATE: VERIFICATION REQUEST NEEDED BY: OCTOBER 20, 1997 LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND READING: VERIFIED BY: DATE: VERIFICATION REQUEST NEEDED BY: REF/LEGSILK