36-96 ORDINANCE NO. 36-96
AN ORDINANCE OF THE CITY (XN~4ISSION OF THE CITY OF
DH.RAY BEACH, FLORIDA, ADOPTING Cf]4PREHENSIVE PLAN
AMENDMENT 96-1B PURSUANT TO THE PROVISI(X~S OF THE "LOCAL
~ COMPREHENSIVE PLANNING AND LAND DEVELOPMENT
Pd~TU_ATIfX~ ACT", FLORIDA STATUTES SECTIONS 163.3161
THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ENTITLED "Of~PRE~S~ PLAN
AMENDMENT 96-1B" AND INCORPORATED HEREIN BY REFERENCE;
PROVIDING A SAVING CLAUSE, A GENERAL REPF~T.~.R CLAUSE,
WHEREAS, the City of Delray Beach exercised the authority granted
pur~,~nt to the provisions of Florida Statutes Sections 163.3161 through
163.3243, known as the "Local Government Comprehensive Planning and Land
Development R~gulation Act"; and
WHEREAS, via Ordinance No. 82-89, the City Commission adopted the
document entitled "Comprehensive Plan - Delray Beach, Florida"; and
WHEREAS, the Planning and Zoning Board, as Local Planning Agency,
did prepare an amendment to the Comprehensive Plan entitled "Comprehensive
Plan Amendment 96-1B"; and
WHEREAS, the Planning and Zoning Board, as Local Planning Agency,
following due public notice, held a public hearing on June 10, 1996, in
accordance with the req~34rements of the "Local Government Comprehensive
Planning and Land Development Regulation Act"; and
WHEREAS, after the above referenced public hearing, the Planning
aD~ Zoning Board, as Local Planning Agency, recommended to the City
Commission that the proposed Comprehensive Plan Amendment 96-1B be
transmitted; and
WHEREAS, proposed Cc~prehensive Plan Amendment 96-1B was su/mnitted
to and reviewed by the City Commission;
WHEREAS, following due public notice, the first of two required
public hearings on Comprehensive Plan Amendment 96-1B held
was
the
City
Commission on June 18, 1996, at which time it was authorized to be
transmitted to the Department of Community Affairs for re~ired review; and
WHEREAS, a report of Objections, Recommendations and
Comments (ORC) has been waived by the State Department of Cc~munity Affairs;
WHEREAS, following due public notice, the secoD~ of two required
publ/c hearings on Comprehensive Plan Amendment 96-1B was held on September
17, 1996, in accordance with statutory requirements.
NC~, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
Section 1. That the City Commission of the City of Delray Beach,
Florida, hereby declares its intent to exercise the authority granted
pursuant to the provisions of Florida Statutes Sections 163.3161 through
163.3243, inclusive, known as the "Local Government Planning and Land
Development Regulation Act".
Section 2. That in /mplementation of its declared intent as set
forth in Section 1 of this ordinance, there is hereby adopted the document
entitled "Comprehensive Plan Amendment 96-1B", which is attached hereto as
Exhibit "A" and incorporated herein by reference.
Section 3. That the document entitled "Comprehensive Plan -
Delray Beach, Florida" is hereby amended pursuant to the document entitled
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 all ordinances or parts of ordinances which are
in conflict herewith are hereby repealed.
Section 6. That this ordinance shall become effective upon the
date a final order is issued by the Department of Community Affairs finding
the amendment to be in compliance in accordance with Chapter 163.3184, F.S.;
or the date a final order is issued by the Administration Commission fiddling
the amendment to be in compliance in accordance with Chapter 163.3184, F.S.
PASSED AND ADOPTED in regular session on second and final reading
on this the 17th day of September , 1~6. /~. / .
First Reading September 3, 1996
Second Reading September 17, 19 9 6
- 2 - Ord. No. 36-96
EXHIBIT "A" TO ORDINANCE NO. 36-96
CITY OF DELRAY BEACH
FUTURE LAND USE ELEMENT
2) Location: Pg. III-G-30, Policy C-2.7
Change: REVISION
Policy C-2.7 The following pertains to the redevelopment of the Silver
Terrace Area:
This area involves the old Silver Terrace Subdivision which is zoned RM and
contains some mixed use but is primarily single family. It also involves the
adjacent land use of the Fioranda Mobile Home Park which is a well
maintained land use but which may, in the future, be inappropriate for its
location along Federal Highway adjacent to a regional shopping mall.
The-Silver Terrace Redevelopment Plan was adopted by the City.
Commission on March 5. 1996. The plan establishes Future Land Use
Designations. zonings, and special development standards for the
redevelopment area. Future development in the area must be in accordance
with the provisions of the redevelopment plan,
Page 1 of 5
AMENDMENTS TO THE FUTURE LAND USE MAP
2. An ~mendment on 20 acres from FLUM designation Redevelopment Area #4
to FLUM designations Transitional (8 acres), General Commercial (1 acre),
and Medium Density Residential (11 acres) in conjunction with completion of
the redevelopment plan. [Silver Terrace]
3. An amendment on 4.3 acres from FLUM designation Industrial (County) to
FLUM designation Industrial (City) pursuant to an annexation agreement.
[Hardrives Property]
4. An amendment on 9.0 acres from FLUM designation Industrial (County) to
FLUM designation Transitional (City) pursuant to an annexation agreement.
[Eimore POC]
S:~adv~comp%e6-1B
Exhibit "A" to Ordinance No. 36-96 Page 2 of 5
Exhibit "A" to uzdinanc~ No. 36-96 Page 3 of 5
ORS
CANAL
~ SOUTH
N FLUM AMENDMENTS FOR HARDRIVES
~ LEGEND
P~CEL -A TRN - T~NSITIONAL
FROM COUN~ -l- (INDUSTRIAL) C - CONS[~ATION AR~ LOR - LOW OENSI~ R[SIOENTI~
~G OEPAR~ENr TO: CI~ -I- (INDUSTRIAL} COM - COMMERCE MOR - MEDIUM DENSI~ RESIDENTIAL
OIY ~ OELRAY 8EACH. FL CC - GENERAL COMMERCIAL I - INDUSTRIAL
-- ~r~ ~ ~P E~FEM -- MAP R[F: LMO28
~xhibi~ "~" ~o O:di~a~ce ~o. 36-96 Page 4 o~ 5
[3 0 U Li~E V A R D
La OFFICE
B
_ DEPOT
OFFICE
~ DEP~
PINES ~
-- CANAL
" COM!
( SABAL SABAL
-- :' PINES PINES
D SOUTH EAST
N FLUM AMENDMENTS FOR HARDRIVES
~ PARCEL -B LEGEND TRN - TRANSITIONAL
FROM COUNTY -I- (INOUSTRIAL) C - CONSERVAIION AREA LDR - LOW DENSITY RESIDENTIAL
PLANNING D£PAR~£NT TO: CITY -T- (TRANSI[IONAL) COM - COMMERCE MDR MEOIUM DENSITY RESIDENTIAL
CITY Og D~LRAY {]EACH, FL CC - C£NERAL COMMERCIAL I - INDUSTRIAL
-- O/G//'AI. ~4SC ~ St~;f£M -- MAP REF: LM028
Exhibit "A" to Ordinance No. 36-96 Page 5 of 5
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
COMPREHENSIVE PLAN AMENDMENT 96-1B
DATE: SEPTEMBER 12, 1996
This is second reading and a quasi-judicial public hearing for Ordinance
No. 36-96 which adopts Comprehensive Plan Amep~lment 96-1B. It addresses
the changes related to the Silver Terrace and Office Depot/Hardrives areas
and was transmitted to the Department of Community Affairs (DCA) in June as
part of the entire Comprehensive Plan Amendment 96-1.
We asked DCA to perform a complete review and produce an Objections,
RecommeDdation and Comments (ORC) report for only that portion of the
amendment related to the North Federal Highway corridor redeveloi~nent plan.
As a result, Amendment 96-1 has been divided into two parts. Plan
Amendment 96-IA addresses North Federal Highway, while Amendment 96- lB
addresses Silver Terrace and the Hardrives property. After review, DCA
waived the ORC report for 96-1B. Therefore, the City is authorized to
immediately adopt this portion of the amendment.
The Planning and Zoning Board considered this item at public hearing on
August 19, 1996. There was no public testimony and the Board voted
unanimously to recommend that Comprehensive Plan Amendment 96- lB be
adopted. At first reading on September 3rd, the Commission passed the
ordinance by a 4 to 0 vote.
Recommend approval of Ordinance No. 36-96 on second and final reading.
ref: agmemo6
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM ~ ~'F' - REGULAR MEETING OF SEPTEMBER 3, 1996
FIRST READING FOR ORDINANCE NO. 36-96 ADOPTING COMPREHENSIVE PLAN
AMENDMENT 96-~B
DATE: AUGUST 28, 1996
This is first reading for Ordinance No. 36-96 which adopts Comprehensive
Plan Amendment 96-1B. It addresses the changes related to the Silver
Terrace and Office Depot/Hardrives areas and was transmitted to the
Department of Community Affairs (DCA) in June as part of the entire
Comprehensive Plan Amendment 96-1.
We asked DCA to perform a complete review and produce an Objections,
Recommendation and Comments (ORC) report for only that portion of the
amendment related to the North Federal Highway corridor redeveloI~nent plan.
As a result, Amendment 96-1 has been divided into two parts. Plan
Amendment 96-1A addresses North Federal Highway, while Amendment 96-1B
addresses Silver Terrace and the Hardrives property. After review, DCA
waived the ORC report for 96-1B. Therefore, the City is authorized to
immediately adopt this portion of the amendment.
The Planning and Zoning Board considered this item at public hearing on
August 19, 1996. There was no public testimony and the Board voted
unanimously to recommend that Comprehensive Plan Amendment 96-1B be
adopted.
Recommend approval of Ordinance No. 36-96 on first reading. If passed, a
quasi-judicial hearing will be scheduled for September 17, 1996.
ref: agmemo6
TO: DAVID T. HARDEN, CITY MANAGER
FROM: DI UEZ, DI R
DEPARTMENT OF PLANING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 3, 1996 ** FIRST READING**
ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 96-1B
The action requested of the City Commission is that of approval on first reading
of an ordinance adopting Comprehensive Plan Amendment 96-1B, for Silver
Terrace and Hardrives.
The Amendment proposes changes to Future Land Use Element Policy C-2.7,
pertaining to the Silver Terrace Redevelopment Plan. There are also three
amendments to the Future Land Use Map (FLUM). The areas addressed by the
Amendment include:
· A text amendment acknowledging the completion of the Silver Terrace
Redevelopment Plan.
Future Land Use Map Amendments:
· An amendment on 20 acres from FLUM designation Redevelopment Area fi4
to FLUM designations Transitional (8 acres), General Commercial (1 acre),
and Medium Density Residential (11 acres) in conjunction with completion of
the redevelopment plan. [Silver Terrace]
· An amendment on 4.3 acres from FLUM designation Industrial (County) to
FLUM designation Industrial (City) pursuant to an annexation agreement.
[Hardrives Property]
City Commission Documentation
Adoption of Comprehensive Plan Amendment 96-1B
Page 2
· An amendment on 9.0 acres from FLUM designation Industrial (County) to
FLUM designation Transitional (City) pursuant to an annexation agreement.
[EImore POC]
The City Commission transmitted Proposed Plan Amendment 96-1 to the Florida
Department of Community Affairs (DCA), for mandatory review, by action on
June 18, 1996. The City requested that DCA perform a complete review and
produce an Objections, Recommendation and Comments Report (ORC) for only
a portion of the proposed amendment. That portion included only the parts of
the amendment related to the North Federal Highway Corridor Redevelopment
Area. As a result, the amendment has been subdivided into two segments with
separate DCA reference numbers. Plan Amendment 96-1A addresses the
changes related to North Federal Highway; Plan Amendment 96-1B addresses
the changes related to the Silver Terrace and Office Depot areas. The item
before the City Commission affects only Comprehensive Plan Amendment 96-
lB.
There were no comments or objections from DCA resulting from the review of
Amendment 96-1B. The City is, therefore, authorized to immediately adopt this
portion of the amendment.
The Planning and Zoning Board considered this item at its meeting of August 19,
1996. There was no public comment concerning the FLUM amendments or
other items included in the Plan Amendment. After discussion, the Board voted
unanimously to recommend to the City Commission that Comprehensive Plan
Amendment 96-1B be adopted.
By motion, approve the adoption ordinance on first reading, with appropriate
public hearing scheduled for September 17, 1996.
Attachments
S:\adv\comp\961 BCC2
~ NOTICE OF'PUBLIC HEARING
COMPREHENSIVE PLAN AMENDMENT 96-1B
Cl~ OF DELRAY BEACH, FLORIDA
The Ci~ Commission of the ~i~ of Del~y Beach, Florida, will' ~nsider
Ame~ment 96-1B to the Ci~'s adopted ~omprehensive Plan. Amendment
96-1B ~nsists of an amendment to the ~oals, objectives and ~licies of
the. Future ~nd Use Element based upOn assessment of tasks
a~omplished, availabili~ of resources, and new information. It also
includes chants'to ~e Futura ~nd Use Map (FLUM). '"
The TE~ AMENDMENT addresses the following subject ma~er:
*A revision to F~ure ~nd Use Element Policy C-2.7, in ~njunction with
~e ~letion of the Silver Terrace Redevelopment Plan.
The changes to the FUTURE ~ND USE MAP (FLUM) in~lve three '(3)
pamel~amas of land which will be adopted as pa~ of Amendment 96-1B.
P
MAP LEGEND GENERAL L~ATION ~ON S~E
IN ACRES
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The City Commission will conduct a Public Hearing on Comprehensive
Plan Amendment'96-1B on TUESDAY, SEPTEMBER 17, 1996, AT 7:00
P.M. (or at any continuation of such meeting which is set by the
Commisssion), in the Commission Chambers at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida.. At this meeting the City Commission will
accept public testimony and .will consider the adoption of Comprehensive
Plan Amendment 96-1B.
All interested citizens are invited to attend the public hearing and comment
upon Comprehensive Plan Amendment 96-1B or submit comments in
writing on or before the date of this hearing to the Planning and Zoning
Department. COpies of the proposed amendment to the Comprehensive
Plan are available at the Delray Beach Planningand Zoning Department,
City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone
407~243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday, excluding holidays.
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 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 NOR PREPARE SUCH RECORD. PURSUANT TO
F.S. 286.0105.
CITY OF DELRAY BEACH
Alison MacGregor Harty
City Clerk
PUBLISH: September 11, 1996
The News ~. ~,
Ad #738734
NOTICE OF PUBLIC HEARING
COMPREHENSIVE PLAN AMENDMENT 96-1B
CITY OF DRLRAY BEACHt FLORIDA
~ne City Commission of the City of Delray Beach, Florida, will consider
Amendment 96-1B to the City's adopted Comprehensive Plan. Amendment 96-1B
consists of an amendment to the goals, objectives and policies of the
Future Land Use Element based upon assessment of tasks accomplished,
availability of resources, and new information. It also includes changes
to the Future Land Use Map (FLUM).
The TEXT AMENDMENT addresses the following subject matter:
* A revision to Future Land Use Element Policy C-2.7, in conjunction
with the completion of the Silver Terrace R~development Plan.
The changes to the FUTURE LAND USE MAP (FLUM) involve three (3) parcels/
areas of land which will be adopted as part of Amendment 96-1B.
MAP INSERT
LEGEND INSERT
The City Commission will conduct a Public Hearing on Comprehensive Plan
Amendment 96-1B on TUESDAY, SEPTEMBER 17, 1996, AT 7:00 P.M. (or at any
continuation of such meeting which is set by the Commission), in the
Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. At this meeting the City Commission will accept public testimony
and will consider the adoption of.Comprehensive Plan Amendment 96-1B.
All interested citizens are invited to attend the public hearing and
ccmm~ent upon Comprehensive Plan Amendment 96-1B or sulm%it comments in
writing on or before the date of this hearing to the Planning and Zoning
Department. Copies of the proposed amendment to the Comprehensive Plan are
available at the Delray Beach Planning and Zoning Department, City Hall,
100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 407/243-7040),
between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,
excluding holidays.
PT.~SE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY
THE CITY COMMISSION WITH RESPECT TO ANY MAT~ER CONSIDERED AT THIS HEARING,
SUCH PERSON WILL NEED A RECORD OF THESE PROCEEDINGS AND 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 NOR PREPARE SUCH RECORD.
PURSUANT TO F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
September 11, 1996 Alison MacGregor Harry
City Clerk
Instructions to Newspaper: Per Florida Statutes, the minimum size of this
ad is a 2 x 10 inch block. However, we do not want the map reduced any
further from what is provided so that it will remain legible. Hence, we
need at least a 2 x 10 inch ad, but recognize that it mayhave to be larger
to accommodate the map. The headline (NOTICE OF PUBLIC HEARING /
COMPREHENSIVE PLAN AMENDMENT 96-1B / CITY OF DELRAY BEACH, FLORIDA) is to
be ina type no smaller than 18 point. The ad is not to be placed in that
portion of the newspaper where legal notices and classified advertisements
appear. Thank you for your assistance.
ref:CC~iP961B
L-30
i