Ord 69-06
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ORDINANCE NO. 69-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL)
DISTRICT IN PART AND GC (GENERAL COMMERCIAL) DISTRICT
IN PART TO CBD (CENTRAL BUSINESS) DISTRICT; SAID LAND
BEING PARCELS OF LAND GENERALLY LOCATED BElWEEN
NE 4TII STREET AND GEORGE BUSH BOULEVARD AND
EXTENDING FROM THE FEC RAILROAD TO APPROXIMATELY
% BLOCK EAST OF NE 6TII AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, MARCH 2006"; 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 Dekay Beach, Florida, dated March 2006, as being zoned AC (Automotive Commercial)
District in part and GC (General Commercial) District in part; and
WHEREAS, at its meeting of July 17, 2006, the Planning and Zoning Board for the City of
Dekay Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 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 further
the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Dekay Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Dekay Beach finds the ordinance is consistent
with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Dekay 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 Dekay Beach, Florida, be, and the same
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is hereby amended to reflect a zoning classification of CBD (Central Business) District for the property
described in attached Exhibit "A", Legal Description.
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 Dekay 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 the effective date of
Ordinance No 38-06, under which official land use designation of CC (Commercial Core) is affixed to
the subject parcel herein described.
PASSED AND ADOPTED in regular session on second and final reading on this the ~
dayof ~~t.~ .200:1.
ATTEST:
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City Clerk
First Reading \ ':::>.\5\ ~
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Second Reading ~\ \g \ CJ"\
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ORD NO. 69-06
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EXHIBIT "A"
LEGAL DESCRIPTION:
LOT 62, LESS ROAD RIGHTS-OF-WAY, IN McGINLEY & GOSMAN SUBDIVISION, AS PER
PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN
AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 2, PAGE 87.
TOGETHER WITH:
THE NORTH 33.00 FEET OF LOT 40, LESS THE WEST 15.0 FEET FOR ROAD RIGHT-OF-
WAY, TOGETHER WITH THE NORTH 33.00 FEET OF LOT 41, TOGETHER WITH THE
NORTH 33.00 FEET OF THE WEST 25.90 FEET OF LOT 42, TOGETHER WITH THE WEST
25.90 FEET OF LOT 59 LESS THE NORTH 8.00 FEET FOR ROAD RIGHT-OF-WAY,
TOGETHER WITH LOT 60 LESS THE NORTH 8.00 FEET FOR ROAD RIGHT-OF-WAY,
TOGETHER WITH LOT 61 LESS THE NORTH 8.00 FEET AND THE WEST 15.00 FEET FOR
ROAD RIGHT-OF-WAY OF McGINLEY AND GOSMAN'S SUBDIVISION, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 87 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND
BEING IN PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
THE NORTH 33 FEET OF THE EAST 18 FEET OF LOT 42 AND THE NORTH 33 FEET OF
LOTS 43 THROUGH 45, INCLUSIVE, AND LOT 59, LESS THE NORTH 8 FEET AND THE
WEST 27 FEET, AND LOT 58, LESS THE NORTH 8 FEET FOR STATE ROAD RIGHT OF WAY,
ALL OF McGINLEY AND GOSMAN'S SUBDIVISION, AS RECORDED IN PLAT BOOK 2,
PAGE 87, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOTS 56 AND 57, OF McGINLEY'S AND GOSMAN'S SUBDIVISION, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 87 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
THE SOUTH 67 FEET OF LOTS 40, 41, 42, 43, 44 AND 45, McGINLEY AND GOSMAN
SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE
87 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THAT PART OF
LOT 40 AS CONVEYED TO THE STATE ROAD DEPARTMENT OF THE STATE OF
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FLORIDA, AS IN OFFICIAL RECORD BOOK 463, PAGE 43, AND AS IN OFFICIAL RECORD
BOOK 611, PAGE 728, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH THE NORTH ONE-HALF (N %) OF THAT CERTAIN ALLEY
ABANDONED BY RESOLUTION #2-74 OF THE CITY COUNCIL OF DELRAY BEACH,
FLORIDA, DATED FEBRUARY 4, 1974, AND RECORDED IN OFFICIAL RECORD BOOK 2268,
PAGE 1690, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SUBJECT TO
EASEMENTS CONTAINED THEREIN.
AND:
LOT 15, LESS THE WEST 24 FEET THEREOF; LOTS 16, 17, 28 AND 29, LOT 30, LESS THE
WEST 24 FEET THEREOF; AND THAT PART OF THE SOUTH HALF OF THE ABANDONED
RIGHT OF WAY FOR N.E. 7th COURT ABANDONED BY CITY OF DELRA Y BEACH
RESOLUTION No. R-74-656 RECORDED IN OFFICIAL RECORDBOOK 2347, PAGE 604 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING ADJACENT TO SAID
LOTS 28, 29 AND LOT 30, LESS THE WEST 24 FEET THEREOF, ALL LYING AND BEING IN
McGINLEY AND GOSMAN'S SUBDIVISION ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 2, PAGE 87 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
TOGETHER WITH:
A PORTION OF LOT 1 AND NORTHEAST SIXTH STREET (FORMERLY KNOWN AS OCEAN
AVENUE), AS SHOW ON PLAT OF HOFFMAN ADDITION, IN THE CITY OF DELRAY
BEACH, FLORIDA, WHICH PLAT IS RECORDED IN PLAT BOOK 5, PAGE 3 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTH LINE OF SAID LOT 1 AT A POINT WHICH IS
10 FEET WESTERLY FROM THE SOUTHEAST CORNER OF SAID LOT 1 MEASURED
ALONG ITS SOUTH LINE; THENCE RUN NORTH 1 DEGREE 08'05" WEST, PARALLEL TO
AN 10 FEET WEST OF THE EAST LINE OF SAID LOT 1, FOR A DISTANCE OF 247.67 FEET
TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST, AND HAVING A RADIUS OF
1940.08 FEET; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE FOR A
DISTANCE OF 77.14 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1, WHICH
POINT IS 8.47 FEET WESTERLY FROM THE NORTHEAST CORNER OF SAID LOT 1
MEASURED ALONG ITS NORTH LINE; THENCE RUN WESTERLY ALONG THE NORTH
LINE OF SAID LOT 1 A DISTANCE OF 14.78 FEET MORE OR LESS TO THE NORTHWEST
CORNER OF SAID LOT 1; THENCE RUN SOUTHWESTERLY ALONG THE WEST LINE OF
SAID LOT 1 AND THE SOUTHERLY EXTENSION THEREOF A DISTANCE OF 353.84 FEET
MORE OR LESS, TO ITS INTERSECTION WITH A LINE WHICH WAS THE FORMER
CENTER LINIE OF NORTHEAST 6th STREET; THENCE RUN EASTERLY ALONG SAID
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FORMER CENTER LINE A DISTANCE OF 70.42 FEET, MORE OR LESS, TO ITS
INTERSECTION WITH A LINE WHICH IS 10 FEET WEST OF AND PARALLEL TO THE EAST
LINE OF SAID LOT 1, THENCE NORTHERLY ON SAID PARALLEL LINE 25 FEET TO THE
POINT OF BEGINNING.
TOGETHER WITH:
LOTS 14 THRU 19, LESS THE ROAD RIGHT-OF-WAY FOR N.E. 5th AVENUE (SOUTHBOUND
U.S. #1) AND LOTS 21 THRU 25, LESS THE ROAD RIGHT-OF-WAY FOR N.E. 6TII AVENUE
(NORTHBOUND U.S. #1) ALL LYING IN HOFFMAN ADDITION, RECORDED IN PLAT
BOOK 5, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOT 20 OF THE HOFMAN ADDITION TO DELRAY, FLORIDA, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 5, AT PAGE 3 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, LESS THE EAST 5 FEET THEREOF AND FURTHER LESS THAT
PORTION THEREOF DESCRIBED AS FOLLOWS: FROM A POINT ON THE NORTH LINE OF
SAID LOT 20, LOCATED 5 FEET WESTERLY FROM THE NORTHEAST CORNER OF SAID
LOT 20, RUN WESTERLY FOR 14.84 FEET; THENCE RUN SOUTHEASTERLY ALONG A
CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 15 FEET FOR 23.40
FEET THROUGH A CENTRAL ANGLE OF 89 DEGREES 23 MINUTES 00 SECONDS TO A
POINT ON A LINE PARALLEL TO AND 5 FEET WESTERLY FROM THE EAST LINE OF
SAID LOT 20; THENCE RUN NORTH 01 DEGREE 08 MINUTES 35 SECONDS WEST ALONG
SAID PARALLE LINE FOR 14.84 FEET TO POINT OF BEGINNING.
SAID EXCLUDED PARCELS WERE CONVEYED TO THE STATE OF FLORIDA FOR RIGHT
OF WAY BY DEED RECORDED IN OFFICIAL RECORDS BOOK 428, AT PAGE 93, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOTS 36 AND 37, HOFMAN ADDITION TO DELRAY, PLAT BOOK 5, PAGE 3, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE WEST 5 FEET THEREOF AND
LESS ADDITIONAL RIGHT OF WAY FOR U.S. HIGHWAY #1.
TOGETHER WITH:
LOT 2 AND THE NORTH % OF LOT 3, LESS THE EAST 10 FEET THEREOF AS DEEDED TO
THE STATE OF FLORIDA IN OFFICIAL RECORDS BOOK 563, PAGE 732, THE HOFMAN
ADDITION TO DELRAY, FLA., ACCORDING TO THE PLAT THEREOF ON FILE IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY,
FLORIDA, RECORDED IN PLAT BOOK 5, PAGE 3.
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TOGETHER WITH:
ALL OF LOT 4, AND THE SOUTH ONE-HALF (S %) LOT 3, LESS THE EAST 10 FEET
THEREOF, HOFMAN ADDITION TO THE CITY OF DELRA Y BEACH, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 3, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOT 5, AND THE NORTH ONE-HALF (N %) OF LOT 6, LESS THE EAST 10 FEET THEREOF,
THE HOFMAN ADDITION, ACCORDING TO THE PLAT THEREOF ON FILE IN THE
OFFICE OF THE CLERK IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN
PLAT BOOK 5, PAGE 3.
TOGETHER WITH:
ALL OF THE PLAT OF DUBLIN PROPERTIES I, LID. AS RECORDED ON MAY 22,1991 IN
PLAT BOOK 67, PAGE 203, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING
IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA.
BEING A REPLA T OF A PART OF "HALLER & GROOTMAN'S SUBDIVISION" AS
RECORDED IN PLAT BOOK 5, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, CITY OF DELRA Y BEACH, PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
THE SOUTH 200 FEET OF THE WEST 133 FEET OF PARCEL A, DANZANSKY PLAT,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 87 AT PAGE 28 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA..
TOGETHER WITH:
PARCEL A, LESS THE SOUTH 200 FEET OF THE WEST 133 FEET (A/K/ A PUBLIX LEASE
PARCEL), DANZANSKY PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 87 AT PAGE 28 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH:
PARCEL 1: LOT 7 AND THE SOUTH ONE-HALF (S %) OF LOT 6, THE HOFMAN ADDITION,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 3, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS THAT PORTION DEEDED
TO THE STATE OF FLORIDA FOR ROAD RIGHT-OF-WAY AS RECORDED IN OFFICIAL
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ORD NO. 69-06
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RECORDS BOOK 491, PAGE 212, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
TOGETHER WITH IMPROVEMENTS THEREON.
PARCEL 2: THAT PORTION OF NORTHEAST FIFTH STREET EXTENDING WESTERLY
FROM NORTHEAST FIFTH AVENUE TO THE EASTERLY LINE OF THE FLORIDA EAST
COAST RAILROAD RIGHT-OF-WAY; OTHERWISE DESCRIBED AS LYING BElWEEN LOT 7,
THE HOFMAN ADDITION, PLAT BOOK 5, PAGE 3 AND LOT 1 OF DRINKWATER'S
ADDITION TO HIGHLAND PARK, PLAT BOOK 2, PAGE 80, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, LESS THE WEST TEN (10) FEET THEREOF.
THE ABOVE DESCRIBED PROPERTY IS A PORTION OF THE RIGHT-OF-WAY
ABANDONED BY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRA Y
BEACH, FLORIDA, PASSED AND ADOPTED IN REGULAR SESSION ON THE 10TII DAY OF
OCTOBER, 1966, AND RECORDED ON OCTOBER 11,1966, IN OFFICIAL RECORDS BOOK
1436, PAGE 155, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
PARCEL 3: LOT 1, BLOCK A, DRINKWATER'S ADDITION TO HIGHLAND PARK, DELRAY,
FLORIDA, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE
CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA,
RECORDED IN PLAT BOOK 2, PAGE 80, LESS THE EAST 10 FEET OF LOT 1, ALSO LESS A
PARCEL OF LAND IN LOT 1, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM A POINT ON THE NORTH LINE OF SAID LOT 1, LOCATED 10 FEET WESTERLY OF
THE NORTHEAST CORNER OF SAID LOT 1, RUN WESTERLY ALONG SAID NORTH LINE
FOR 14.84 FEET; THENCE RUN SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE
SOUTHWEST AND HAVING A RADIUS OF 15 FEET FOR 23.40 FEET THROUGH A
CENTRAL ANGLE OF 89 DEGREES, 23 MINUTES 00 SECONDS TO A POINT ON A LINE
PARALLEL TO AND 10 FEET WESTERLY FROM THE EAST LINE OF SAID LOT 1; THENCE
RUN NORTH 1 DEGREE 08 MINUTES 05 SECONDS WEST ALONG SAID PARALLEL LINE
FOR 14.84 FEET TO THE POINT OF BEGINNING; TOGETHER WITH IMPROVEMENTS
THEREON.
TOGETHER WITH:
LOT 2, LESS THE EAST 10 FEET THEREOF BLOCK "A", DRINKWATER'S ADDITION TO
HIGHLAND PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
2, PAGE 80 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
THE WEST 10 FEET OF THE EAST 20 FEET OF LOT 3, BLOCK A, DRINKWATER'S
ADDITION TO HIGHLAND PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED
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ORD NO. 69-06
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IN PLAT BOOK 2, PAGE 80, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH:
LOTS 4 THROUGH 7, INCLUSIVE, BLOCK "A", LESS THE EAST 10 FEET THEREOF,
DRINKWATER'S ADDITION TO HIGHLAND PARK, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 2, PAGE 80, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
TOGETHER WITH:
LOT 8 AND 9, LESS THE EAST 10 FEET THEREOF, FOR ROAD RIGHT OF WAY AND ALSO
LESS THAT PORTION OF LOT 9 FOR ADDITIONAL RIGHT OF WAY, AS SHOWN IN STATE
ROAD RIGHT OF WAY MAP RECORDED IN ROAD PLAT BOOK 2, PAGE 215, ALL IN
BLOCK A, OF DRINKWATER'S ADDITION TO HIGHLAND PARK, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 80. ALL OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOTS 19, 20, 21, 22, 23, 24 AND 25 OF HALLER AND GROOTMAN'S SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 4, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; LESS THAT PORTION THEREOF
TAKEN FOR ROAD WIDENING AS SHOWN ON STATE OF FLORIDA STATE ROAD
DEPARTMENT RIGHT-OF-WAY MAP-SECTION No. 9301-206, ROAD No.5 (U.S. HIGHWAY
No.1) SHEET 5 OF 6; AND LESS THEREFROM THE FOLLOWING DESCRIBED PROPERTY:
A PARCEL OF LAND IN LOT 19, HALLER AND GROOTMAN'S SUBDIVISION, ACCORDING
TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, AT PAGE 4, PALM BEACH
COUNTY PUBLIC RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM A POINT ON THE NORTH LINE OF SAID LOT 19, LOCATED 5 FEET EASTERLY
FROM THE NORTHWEST CORNER OF SAID LOT 19, RUN EASTERLY ALONG SAID
NORTH LINE FOR 15.16 FEET; THENCE RUN SOUTHWESTERLY ALONG A CURVE
CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 15 FEET FOR 23.72 FEET
THROUGH A CENTRAL ANGLE OF 90037'00" TO A POINT ON A LINE PARALLEL TO AND
5 FEET EASTERLY FROM THE WEST LINE OF SAID LOT 19; THENCE RUN NORTH
01008'35" WEST ALONG SAID PARALLEL LINE FOR 15.16 FEET TO THE POINT OF
BEGINNING.
TOGETHER WITH:
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LOTS 26 AND 27, HALLER AND GROOTMAN'S SUBDIVISION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 5 AT PAGE 4 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
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ORD NO. 69-06
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERt1;N1
AGENDA ITEM # 10. (- REGULAR MEETING OF FEBRUARY 6. 2007
ORDINANCE NO. 69-06 (SECOND READING/SECOND PUBLIC
HEARING)
TO:
SUBJECT:
DATE:
FEBRUARY 2, 2007
This ordinance is before Commission for second reading and second public hearing for a city initiated
rezoning from GC (General Commercial) in part and AC (Automotive Commercial) in part to CBD
(Central Business District) for the North Federal Highway Area and including 700 & 707 NE 6th
Avenue (former O.c. Taylor dealership) with a combined total of 21.6 acres, located between NE 4th
Street and George Bush Boulevard and extending from the FEC Railroad to approximately % block
east ofNE 6th Avenue.
At the first reading on December 5, 2006, the Commission passed Ordinance No. 69-06.
Recommend approval of Ordinance No. 69-06 on second and final reading.
S:\City Oerk\AGENDA COVER MEMOS\OnIinance Agenda Memos\Ord 69-06 2nd Reading 0206.07.doc
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TO:
FROM:
DAVID T. HARDEN, CITY MANAGER
MARK MCDONNELL, ,AlpP, A.CT,ING DIRECTOR OF PLANNING AND
ZONING7y1,...L -M~ h
SCOTT PAPE, AICP, SENIOR PLANNER /\JT
MEETING OF DECEMBER 5, 2006
CITY INITIATED REZONING FROM AC (AUTOMOTIVE COMMERCIAL) IN
PART AND GC (GENERAL COMMERCIAL) IN PART TO CBD (CENTRAL
BUSINESS DISTRICT) FOR PROPERTY GENERALLY LOCATED BETWEEN
NE 4TH STREET AND GEORGE BUSH BOULEVARD AND EXTENDING
FROM THE FEC RAILROAD TO APPROXIMATELY % BLOCK EAST OF NE
6TH AVENUE.
THRU:
SUBJECT:
The properties associated with the city initiated rezoning have a mixture of business and
professional offices, retail, automotive sales, and automotive repair uses. The proposed
rezoning was originally initiated in part by a private party and in part by the City. The portion
of the property (D.C. Taylor Automobile Dealership) subject to the proposed rezoning was
privately initiated. The applicant withdrew the request for the rezoning of this property at the
Planning and Zoning Board meeting of July 17, 2006. Based on the analysis contained in the
attached staff report, the basis for the rezoning of this property remain~ valid, thus the City
has become the applicant for the rezoning of all properties. It is noted that at the request of
the property owner of the Acura of Delray Beach automobile dealership, their property was
removed from the rezoning request.
Additional background and an analysis of the rezoning are provided in the attached Planning
and Zoning Board staff report.
At its meeting of July 17, 2006, the Planning and Zoning Board held a public hearing in
conjunction with the rezoning request. The Board expressed concerns with rezoning the two
automobile dealerships (Acura of Delray Beach) along the east side of NE 6th Avenue since it
would create nonconformities of this existing use.
The Board unanimously voted 5-0 (Kincaid absent, and Eliopoulos stepped down) to
recommend approval of the Rezoning from GC (General Commercial) and AC (Automotive
Commercial) to CBD (Central Business District), for properties located between NE 4th Street
and George Bush Boulevard and extending from the FEC Railroad to approximately ~ block
east of NE 6th Avenue excluding the properties occupied by Acura of Delray Beach, by
adopting the findings of fact and law contained in the staff report, and finding that the request
and approval thereof is consistent with LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR
IO.M
City Commission Documentation
Meeting of December 5, 2006
Rezoning for North Federal Highway
Page 2
Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and
the Goals, Objectives, and Policies of the Comprehensive Plan.
Move approval of the Rezoning from GC (General Commercial) and AC (Automotive
Commercial) to CBD (Central Business District), for properties located between NE 4th Street
and George Bush Boulevard and extending from the FEC Railroad to approximately % block
east of NE 6th Avenue excluding the properties occupied by Acura of Delray Beach, by
adopting the findings of fact and law contained in the staff report, and finding that the request
and approval thereof is consistent with LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR
Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and
the Goals, Objectives, and Policies of the Comprehensive Plan.
Attachments: Planning and Zoning Board Staff Report of July 17, 2006 and Ordinance
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REZONING
NORTH FEDERAL HIGHWAY AREA
CITY Of DELRA Y BEACH, fL
PLANNING de ZONING DEPARTMENT
1m! PROPOSED ZONING: CBO (CENTRAL BUSINESS DISTRICT)
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ORDINANCE NO. 69-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL)
DISTRICT IN PART AND GC (GENERAL COMMERCIAL) DISTRICT
IN PART TO CBD (CENTRAL BUSINESS) DISTRICT; SAID LAND
BEING PARCELS OF LAND GENERALLY LOCATED BElWEEN
NE 4TII STREET AND GEORGE BUSH BOULEVARD AND
EXTENDING FROM THE FEC RAILROAD TO APPROXIMATELY
Y2 BLOCK EAST OF NE 6TII AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y
BEACH, FLORIDA, MARCH 2006"; 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 Dekay Beach, Florida, dated March 2006, as being zoned AC (Automotive Commercial)
District in part and GC (General Commercial) District in part; and
WHEREAS, at its meeting of July 17, 2006, the Planning and Zoning Board for the City of
Dekay Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 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 further
the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Dekay Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Dekay Beach finds the ordinance is consistent
with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Dekay 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 Dekay Beach, Florida, be, and the same
is hereby amended to reflect a zoning classification of CBD (Central Business) District for the property
described in attached Exhibit "A", Legal Description.
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 Dekay 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 the effective date of
Ordinance No 38-06, under which official land use designation of CC (Commercial Core) is affixed to
the subject parcel herein described.
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
2
ORD NO. 69-06
EXHIBIT "A"
LEGAL DESCRIPTION:
LOT 62, LESS ROAD RIGHTS-OF-WAY, IN McGINLEY & GOSMAN SUBDIVISION, AS PER
PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN
AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 2, PAGE 87.
TOGETHER WITH:
THE NORTH 33.00 FEET OF LOT 40, LESS THE WEST 15.0 FEET FOR ROAD RIGHT-OF-
WAY, TOGETHER WITH THE NORTH 33.00 FEET OF LOT 41, TOGETHER WITH THE
NORTH 33.00 FEET OF THE WEST 25.90 FEET OF LOT 42, TOGETHER WITH THE WEST
25.90 FEET OF LOT 59 LESS THE NORTH 8.00 FEET FOR ROAD RIGHT-OF-WAY,
TOGETHER WITH LOT 60 LESS THE NORTH 8.00 FEET FOR ROAD RIGHT-OF-WAY,
TOGETHER WITH LOT 61 LESS THE NORTH 8.00 FEET AND THE WEST 15.00 FEET FOR
ROAD RIGHT-OF-WAY OF McGINLEY AND GOSMAN'S SUBDIVISION, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 87 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND
BEING IN PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
THE NORTH 33 FEET OF THE EAST 18 FEET OF LOT 42 AND THE NORTH 33 FEET OF
LOTS 43 THROUGH 45, INCLUSIVE, AND LOT 59, LESS THE NORTH 8 FEET AND THE
WEST 27 FEET, AND LOT 58, LESS THE NORTH 8 FEET FOR STATE ROAD RIGHT OF WAY,
ALL OF McGINLEY AND GOSMAN'S SUBDIVISION, AS RECORDED IN PLAT BOOK 2,
PAGE 87, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOTS 56 AND 57, OF McGINLEY'S AND GOSMAN'S SUBDIVISION, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 87 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
THE SOUTH 67 FEET OF LOTS 40, 41, 42, 43, 44 AND 45, McGINLEY AND GOSMAN
SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE
87 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THAT PART OF
LOT 40 AS CONVEYED TO THE STATE ROAD DEPARTMENT OF THE STATE OF
3
ORD NO. 69-06
FLORIDA, AS IN OFFICIAL RECORD BOOK 463, PAGE 43, AND AS IN OFFICIAL RECORD
BOOK 611, PAGE 728, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH THE NORTH ONE-HALF (N Vz) OF THAT CERTAIN ALLEY
ABANDONED BY RESOLUTION #2-74 OF THE CITY COUNCIL OF DELRA Y BEACH ,
FLORIDA, DATED FEBRUARY 4, 1974, AND RECORDED IN OFFICIAL RECORD BOOK 2268,
PAGE 1690, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SUBJECT TO
EASEMENTS CONTAINED THEREIN.
AND:
LOT 15, LESS THE WEST 24 FEET THEREOF; LOTS 16, 17,28 AND 29, LOT 30, LESS THE
WEST 24 FEET THEREOF; AND THAT PART OF THE SOUTH HALF OF THE ABANDONED
RIGHT OF WAY FOR N.E. 7th COURT ABANDONED BY CITY OF DELRAY BEACH
RESOLUTION No. R-74-656 RECORDED IN OFFICIAL RECORDBOOK 2347, PAGE 604 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING ADJACENT TO SAID
LOTS 28, 29 AND LOT 30, LESS THE WEST 24 FEET THEREOF, ALL LYING AND BEING IN
McGINLEY AND GOSMAN'S SUBDIVISION ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 2, PAGE 87 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
TOGETHER WITH:
A PORTION OF LOT 1 AND NORTHEAST SIXTH STREET (FORMERLY KNOWN AS OCEAN
AVENUE), AS SHOW ON PLAT OF HOFFMAN ADDITION, IN THE CITY OF DELRAY
BEACH, FLORIDA, WHICH PLAT IS RECORDED IN PLAT BOOK 5, PAGE 3 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTH LINE OF SAID LOT 1 AT A POINT WHICH IS
10 FEET WESTERLY FROM THE SOUTHEAST CORNER OF SAID LOT 1 MEASURED
ALONG ITS SOUTH LINE; THENCE RUN NORTH 1 DEGREE 08'05" WEST, PARALLEL TO
AN 10 FEET WEST OF THE EAST LINE OF SAID LOT 1, FOR A DISTANCE OF 247.67 FEET
TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST, AND HAVING A RADIUS OF
1940.08 FEET; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE FOR A
DISTANCE OF 77.14 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1, WHICH
POINT IS 8.47 FEET WESTERLY FROM THE NORTHEAST CORNER OF SAID LOT 1
MEASURED ALONG ITS NORTH LINE; THENCE RUN WESTERLY ALONG THE NORTH
LINE OF SAID LOT 1 A DISTANCE OF 14.78 FEET MORE OR LESS TO THE NORTHWEST
CORNER OF SAID LOT 1; THENCE RUN SOUTHWESTERLY ALONG THE WEST LINE OF
SAID LOT 1 AND THE SOUTHERLY EXTENSION THEREOF A DISTANCE OF 353.84 FEET
MORE OR LESS, TO ITS INTERSECTION WITH A LINE WHICH WAS THE FORMER
CENTER LINIE OF NORTHEAST 6th STREET; THENCE RUN EASTERLY ALONG SAID
4
ORD NO. 69-06
FORMER CENTER LINE A DISTANCE OF 70.42 FEET, MORE OR LESS, TO ITS
INTERSECTION WITH A LINE WHICH IS 10 FEET WEST OF AND PARALLEL TO THE EAST
LINE OF SAID LOT 1, THENCE NORTHERLY ON SAID PARALLEL LINE 25 FEET TO THE
POINT OF BEGINNING.
TOGETHER WITH:
LOTS 14 THRU 19, LESS THE ROAD RIGHT-OF-WAY FOR N.E. 5th AVENUE (SOUTHBOUND
U.S. #1) AND LOTS 21 THRU 25, LESS THE ROAD RIGHT-OF-WAY FOR N.E. 6TII AVENUE
(NORTHBOUND U.S. #1) ALL LYING IN HOFFMAN ADDITION, RECORDED IN PLAT
BOOK 5, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOT 20 OF THE HOFMAN ADDITION TO DELRAY, FLORIDA, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 5, AT PAGE 3 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, LESS THE EAST 5 FEET THEREOF AND FURTHER LESS THAT
PORTION THEREOF DESCRIBED AS FOLLOWS: FROM A POINT ON THE NORTH LINE OF
SAID LOT 20, LOCATED 5 FEET WESTERLY FROM THE NORTHEAST CORNER OF SAID
LOT 20, RUN WESTERLY FOR 14.84 FEET; THENCE RUN SOUTHEASTERLY ALONG A
CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 15 FEET FOR 23.40
FEET THROUGH A CENTRAL ANGLE OF 89 DEGREES 23 MINUTES 00 SECONDS TO A
POINT ON A LINE PARALLEL TO AND 5 FEET WESTERLY FROM THE EAST LINE OF
SAID LOT 20; THENCE RUN NORTH 01 DEGREE 08 MINUTES 35 SECONDS WEST ALONG
SAID P ARALLE LINE FOR 14.84 FEET TO POINT OF BEGINNING.
SAID EXCLUDED PARCELS WERE CONVEYED TO THE STATE OF FLORIDA FOR RIGHT
OF WAY BY DEED RECORDED IN OFFICIAL RECORDS BOOK 428, AT PAGE 93, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOTS 36 AND 37, HOFMAN ADDITION TO DELRAY, PLAT BOOK 5, PAGE 3, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE WEST 5 FEET THEREOF AND
LESS ADDITIONAL RIGHT OF WAY FOR U.S. HIGHWAY #1.
TOGETHER WITH:
LOT 2 AND THE NORTH % OF LOT 3, LESS THE EAST 10 FEET THEREOF AS DEEDED TO
THE STATE OF FLORIDA IN OFFICIAL RECORDS BOOK 563, PAGE 732, THE HOFMAN
ADDITION TO DELRAY, FLA., ACCORDING TO THE PLAT THEREOF ON FILE IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY,
FLORIDA, RECORDED IN PLAT BOOK 5, PAGE 3.
5
ORD NO. 69-06
TOGETHER WITH:
ALL OF LOT 4, AND THE SOUTH ONE-HALF (S %) LOT 3, LESS THE EAST 10 FEET
THEREOF, HOFMAN ADDITION TO THE CITY OF DELRA Y BEACH, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 3, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOT 5, AND THE NORTH ONE-HALF (N %) OF LOT 6, LESS THE EAST 10 FEET THEREOF,
THE HOFMAN ADDITION, ACCORDING TO THE PLAT THEREOF ON FILE IN THE
OFFICE OF THE CLERK IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN
PLAT BOOK 5, PAGE 3.
TOGETHER WITH:
ALL OF THE PLAT OF DUBLIN PROPERTIES I, LID. AS RECORDED ON MAY 22, 1991 IN
PLAT BOOK 67, PAGE 203, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING
IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA.
BEING A REPLAT OF A PART OF "HALLER & GROOTMAN'S SUBDIVISION" AS
RECORDED IN PLAT BOOK 5, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, CITY OF DELRA Y BEACH, PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
THE SOUTH 200 FEET OF THE WEST 133 FEET OF PARCEL A, DANZANSKY PLAT,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 87 AT PAGE 28 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA..
TOGETHER WITH:
PARCEL A, LESS THE SOUTH 200 FEET OF THE WEST 133 FEET (A/K/ A PUBLIX LEASE
PARCEL), DANZANSKY PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 87 AT PAGE 28 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH:
PARCEL 1: LOT 7 AND THE SOUTH ONE-HALF (S %) OF LOT 6, THE HOFMAN ADDITION,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 3, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS THAT PORTION DEEDED
TO THE STATE OF FLORIDA FOR ROAD RIGHT-OF-WAY AS RECORDED IN OFFICIAL
6
ORD NO. 69-06
RECORDS BOOK 491, PAGE 212, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
TOGETHER WITH IMPROVEMENTS THEREON.
PARCEL 2: THAT PORTION OF NORTHEAST FIFTH STREET EXTENDING WESTERLY
FROM NORTHEAST FIFTH AVENUE TO THE EASTERLY LINE OF THE FLORIDA EAST
COAST RAILROAD RIGHT-OF-WAY; OTHERWISE DESCRIBED AS LYING BE1WEEN LOT 7,
THE HOFMAN ADDITION, PLAT BOOK 5, PAGE 3 AND LOT 1 OF DRINKWATER'S
ADDITION TO HIGHLAND PARK, PLAT BOOK 2, PAGE 80, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, LESS THE WEST TEN (10) FEET THEREOF.
THE ABOVE DESCRIBED PROPERTY IS A PORTION OF THE RIGHT-OF-WAY
ABANDONED BY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRA Y
BEACH, FLORIDA, PASSED AND ADOPTED IN REGULAR SESSION ON THE 10TII DAY OF
OCTOBER, 1966, AND RECORDED ON OCTOBER 11, 1966, IN OFFICIAL RECORDS BOOK
1436, PAGE 155, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
PARCEL 3: LOT 1, BLOCK A, DRINKWATER'S ADDITION TO HIGHLAND PARK, DELRAY,
FLORIDA, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE
CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA,
RECORDED IN PLAT BOOK 2, PAGE 80, LESS THE EAST 10 FEET OF LOT 1, ALSO LESS A
PARCEL OF LAND IN LOT 1, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM A POINT ON THE NORTH LINE OF SAID LOT 1, LOCATED 10 FEET WESTERLY OF
THE NORTHEAST CORNER OF SAID LOT 1, RUN WESTERLY ALONG SAID NORTH LINE
FOR 14.84 FEET; THENCE RUN SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE
SOUTHWEST AND HAVING A RADIUS OF 15 FEET FOR 23.40 FEET THROUGH A
CENTRAL ANGLE OF 89 DEGREES, 23 MINUTES 00 SECONDS TO A POINT ON A LINE
PARALLEL TO AND 10 FEET WESTERLY FROM THE EAST LINE OF SAID LOT 1; THENCE
RUN NORTH 1 DEGREE 08 MINUTES 05 SECONDS WEST ALONG SAID PARALLEL LINE
FOR 14.84 FEET TO THE POINT OF BEGINNING; TOGETHER WITH IMPROVEMENTS
THEREON.
TOGETHER WITH:
LOT 2, LESS THE EAST 10 FEET THEREOF BLOCK "A", DRINKWATER'S ADDITION TO
HIGHLAND PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
2, PAGE 80 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
THE WEST 10 FEET OF THE EAST 20 FEET OF LOT 3, BLOCK A, DRINKWATER'S
ADDITION TO HIGHLAND PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED
7
ORD NO. 69-06
IN PLAT BOOK 2, PAGE 80, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH:
LOTS 4 THROUGH 7, INCLUSIVE, BLOCK "A", LESS THE EAST 10 FEET THEREOF,
DRINKWATER'S ADDITION TO HIGHLAND PARK, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 2, PAGE 80, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
TOGETHER WITH:
LOT 8 AND 9, LESS THE EAST 10 FEET THEREOF, FOR ROAD RIGHT OF WAY AND ALSO
LESS THAT PORTION OF LOT 9 FOR ADDITIONAL RIGHT OF WAY, AS SHOWN IN STATE
ROAD RIGHT OF WAY MAP RECORDED IN ROAD PLAT BOOK 2, PAGE 215, ALL IN
BLOCK A, OF DRINKWATER'S ADDITION TO HIGHLAND PARK, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 80. ALL OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOTS 19, 20, 21, 22, 23, 24 AND 25 OF HALLER AND GROOTMAN'S SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 4, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; LESS THAT PORTION THEREOF
TAKEN FOR ROAD WIDENING AS SHOWN ON STATE OF FLORIDA STATE ROAD
DEPARTMENT RIGHT-OF-WAY MAP-SECTION No. 9301-206, ROAD No.5 (U.S. HIGHWAY
No.1) SHEET 5 OF 6; AND LESS THEREFROM THE FOLLOWING DESCRIBED PROPERTY:
A PARCEL OF LAND IN LOT 19, HALLER AND GROOTMAN'S SUBDIVISION, ACCORDING
TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, AT PAGE 4, PALM BEACH
COUNTY PUBLIC RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM A POINT ON THE NORTH LINE OF SAID LOT 19, LOCATED 5 FEET EASTERLY
FROM THE NORTHWEST CORNER OF SAID LOT 19, RUN EASTERLY ALONG SAID
NORTH LINE FOR 15.16 FEET; THENCE RUN SOUTHWESTERLY ALONG A CURVE
CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 15 FEET FOR 23.72 FEET
THROUGH A CENTRAL ANGLE OF 90037'00" TO A POINT ON A LINE PARALLEL TO AND
5 FEET EASTERLY FROM THE WEST LINE OF SAID LOT 19; THENCE RUN NORTH
01008'35" WEST ALONG SAID PARALLEL LINE FOR 15.16 FEET TO THE POINT OF
BEGINNING.
TOGETHER WITH:
8
ORD NO. 69-06
LOTS 26 AND 27, HALLER AND GROOTMAN'S SUBDIVISION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 5 AT PAGE 4 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
9
ORD NO. 69-06
\
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
July 17, 2006
IV.B.2.a
Privately And City Initiated Future Land Use Map (FLUM) Amendment From
GC (General Commercial) To CC (Commercial Core) And Rezoning From
AC (Automotive Commercial) In Part And GC (General Commercial) In Part
To CBD (Central Business District) For Property Generally Located Between
NE 4th Street And George Bush Boulevard And Extending From The FEC
Railroad To Approximately % Block East Of NE 6th Avenue.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Applicant................................... New Urban Communities &
City of Delray Beach
Location...................................... Between NE 4th Street And
George Bush Boulevard And
Extending From The FEC
Railroad To Approximately %
Block East Of NE 6th Avenue.
Property Size.............................. 23.20 Acres
Future Land Use Map................ GC (General Commercial)
Proposed FLUM........................ CC (Commercial Core)
Current Zoning............................ GC (General Commercial) &
AC (Automotive Commercial)
Proposed Zoning........................ CBD (Central Business
District)
Adjacent Zoning................North: GC (General Commercial)
East: RM (Multiple Family
Residential - Medium
Density) & CF (Community
Facilities)
. South: CBD
West: RO (Residential Office)
Existing Land Use...................... Commercial/Office/Auto-
mobile Repair and Sales
Proposed Land Use.................... A Development Proposal Has
Not Been Submitted.
Water Service............................. Existing.
Sewer Service............................. Existing.
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IV.B.2.a
The action before the Board is that of making a recommendation to the City
Commission on a privately and City initiated Future Land Use Map (FLUM) Amendment
from GC (General Commercial) to CC (Commercial Core) and rezoning from AC
(Automotive Commercial) in part and GC (General Commercial) in part to CBD (Central
Business District) for property generally located between NE 4th Street and George
Bush Boulevard and extending from the FEC Railroad to approximately % block east of
NE 6th Avenue.
Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and
Zoning Board shall review and make a recommendation to the City Commission with
respect to FLUM and Rezoning Amendments for any property within the City.
The properties (see attached location map) associated with the privately and city
initiated FLUM and rezoning have a mixture of business and professional offices, retail,
automotive sales, and automotive repair uses and consist of 23.20 acres. The
applicant for the privately initiated portion proposes to redevelop the existing site of an
auto dealership. The City initiated portion of this action is to extend the area under
consideration to be contiguous with the CBD district
This Future Land Use Map Amendment is being processed pursuant to the twice a year
statutory limits for consideration of plan amendments (F.S. 163.3187) as part of
Comprehensive Plan Amendment 2006-01.
LDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use
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, written
materials submitted by the applicant, 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.
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 City has not received a development proposal for either the privately or City
initiated portions of the area. Therefore, compliance with the Future Land Use Map will
need to be considered on a case-by-case basis when individual development proposals
Planning and Zoning Board S', Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 2
are submitted within this area. It is noted that the applicant has indicated that a mixed-
use project is being considered for the a.c. Taylor property that will consist of 30,000
square feet of commercial floor area and 95 residential units on the 3.1885 acre parcel.
This development would have a density of 30 dwelling units per acre, which is
considered an allowed use in the CBD zoning district.
The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive
Plan Consistency and Compliance with the Land Development Regulations are
discussed below.
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
(FLUM) must be based upon the findings listed below, and must be supported by
data and analysis that demonstrate compliance with these findings:
o Demonstrated Need -- That there is a need for the requested land use. The
need must be based upon circumstances such as shifts in demographic
trends, changes in the availability of land, changes in the existing character
and FLUM designations of the surrounding area, fulfillment of a
comprehensive plan objective or policy, annexation into the municipal
boundaries, or similar circumstances. The need must be supported by data
and analysis verifying the changing demographics or other circumstances.
This requirement shall not apply to requests for the FLUM designations of
Conservation or Recreation and Open Space; nor shall it apply to FLUM
changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
The subject property is located within the North Federal Highway Corridor, which is
designated as a blighted area per the Comprehensive Plan. Pursuant to the
Comprehensive Plan these areas shall receive special attention and assistance with
renewal. The North Federal Highway Redevelopment Plan indicates that the areas
south of George Bush Boulevard should be evaluated for a FLUM change to
Commercial Core and zoning change to CBD.
The proposed FLUM amendment will fulfill Future Land Use Element Policy C-1.4,
stated as follows:
Future Land Use Element Policv C-1.4 - (in summary) ...the North Federal Highway
Corridor is identified as a blighted area. The North Federal Highway Redevelopment
Plan was approved by the City Commission on March 16, 1999. The Plan identified the
need for limited rezonings and LDR amendments, along with improvements necessary
to accomplish certain redevelopment goals. Future development in the area must be in
accordance with the provisions of the Redevelopment Plan. The following are the
objectives of the Plan:
. Improve the visual appearance of the corridor;
. Reduce and eliminate marginal and inappropriate land uses;
Planning and Zoning Board S, Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 3
. Direct smaller business operations to more concentrated areas;
. Provide economic stimulation and investment in the area;
. Creation of jobs;
. Stabilize and preserve the residential neighborhoods through new development,
beautification, redevelopment, and the elimination of blight;
. Eliminate slum and blight through acquisition of properties.
The applicant of the privately initiated FLUM and rezoning has submitted the following
narrative in support of the proposed changes:
liThe adopted North Federal Highway Redevelopment Plan states the following with
regard to the Future Land Use and Zoning of the area, between N.E. 4th Street and
George Bush Boulevard: "that the City will continue to study the feasibility of changing
the existing commercial areas south of George Bush Boulevard, except existing auto
dealerships, from General Commercial to Commercial Core. As the downtown area
grows and develops, greater areas may be incorporated into the CBD. Given its
proximity to the downtown core, this area is a prime location for future redevelopment
projects. " With regard to the above exclusion of the auto dealerships, while the City
recognized the appropriateness of rezoning the area to CBD, it did not want to create
additional nonconforming situations which would ultimately contribute to the blight in the
area, as the ability to upgrade and enhance the properties would be significantly limited.
This would have occurred if the dealerships, zoned AC (Automotive Commercial), were
rezoned to CBD (Central Business District), as automotive sales and/or repairs are not
allowed within the CBD. However, it was not intended to prohibit privately-initiated
rezoning of the dealership properties. It is also noted the existing dealership will be
relocating from the site next year and many dealerships have been transitioning from
the Federal Highway corridor to the 1-95 corridor.
While the downtown area and the area north of George Bush Boulevard have seen
investment and redevelopment activity, the area south of George Bush Boulevard has
languished. The proposed Future Land Use Map amendment and rezoning will enable
the redevelopment of the existing automotive dealership to accommodate a mixed-use
project in an area that has been identified for expansion of the City's Central Business
District and serves as the gateway to downtown Delray Beach. The proposal will
provide economic stimulation and investment in the area and result in the
redevelopment of blighted properties. The proposed development will assist in the
stabilization of the surrounding neighborhood and should be an inducement to further
redevelopment of this section of Federal Highway, which has seen limited
redevelopment activity. Thus, the proposal is consistent with the objectives of the North
Federal Highway Redevelopment Plan."
The Planning Department has begun collecting and analyzing data as it pertains to the
area in question as directed. This area contains a concentration of automobile related
uses including full-service automotive dealerships, small free-standing paint, body and
repair shops, and surface parking with little or no landscaping. Many of the auto related
uses are nonconforming with respect to the use itself and/or development regulations.
These uses have a blighting influence on the area and over the years have been a
deterrent to revitalization and redevelopment in this area. Since the Walgreen's was
Planning and Zoning Board S. Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 4
constructed in 1991, the only other redevelopment activity to occur has been the Publix
complex (completed in 2001). As this area serves as the gateway to the downtown,
special attention to this area is needed. The proposed FLUM amendment and rezoning
will facilitate the elimination of the inappropriate land uses and expedite redevelopment.
Since this Comprehensive Plan policy is furthered by the proposed FLUM amendment,
a positive finding can be made with respect to fulfilling a demonstrated need.
o Consistency -- The requested designation is consistent with the goals,
objectives and policies of the most recently adopted Comprehensive Plan.
As stated above, the proposal is consistent with the goals, objectives and policies of
the City's Comprehensive Plan as it relates to Future Land Use Element Policy C-
1.4. In addition to the above, the proposed amendment is consistent with following
applicable Goals, Objectives and Policies of the adopted Comprehensive Plan:
Future Land Use Element Obiective A-2 To reduce, and eventually eliminate,
uses which are inconsistent with the character of the City of Delray Beach, or which
are inconsistent with predominant adjacent land uses, and to ensure compatibility of
future development....
The proposed designation will promote the elimination of the existing auto
dealership and redevelopment of the properties which will be consistent with and
complementary to existing and future development envisioned for the area.
Future Land Use Element Policy A-1.2 - Zoning changes which would result in
strip commercial development shall be avoided. Where strip commercial
developments or zoning currently exists along an arterial street, consideration
should be given to increasing the depth of the commercial zoning in order to provide
for better project design.
The proposed rezoning to CBO will encourage the development of mixed use and
residential projects by increasing the allowed density.
Housing Element Policv 8-2.6 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, N. Federal
Highway, and Lindell/Federal Highway area (formally Redevelopment area #6) is
discouraged.
The proposed FLUM amendment will facilitate redevelopment to accommodate
housing in close proximity to employment opportunities and services in the
downtown and along North Federal Highway.
o Concurrency -- Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
Planning and Zoning Board S Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 5
The non-residential development potential of the subject properties are essentially
the same under both the GC and CC FLUM designations. The proposed zoning
change to CBD will result in a slight reduction in the intensity of development versus
the GC zoning district given the more restrictive setback requirement.
City facilities such as water, sewer, and drainage have sufficient capacity to
accommodate development of this area at the potential development intensity
allowed under the proposed CC FLUM designation. Similarly, solid waste can be
accommodated by existing County facilities. With regard to traffic, trips generated
under both the existing GC and proposed CC FLUM designations will accommodate
the same intensity. The residential density increase from 12 units per acre to a
maximum of 30 units per acre is exempt from Palm Beach County Traffic
Performance Standards Ordinance, given the properties are located east of 1-95.
The Open Space and Recreation Element of the Comprehensive Plan states in its
conclusion that "The City will have sufficient recreation facilities at build-out to meet
the adopted standards". A park impact fee is collected to offset any impacts that
individual projects may have on the City's recreational facilities. Pursuant to LDR
Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to
issuance of a building permit for each residential unit. The School Concurrency
Application and Service Provider Form has been transmitted to the School District of
Palm Beach County. No problems are anticipated with obtaining a finding of
concurrency from the School District.
Thus, positive findings can be made at this time with regard to concurrency for all
services and facilities.
o Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
The requested CC FLUM designation will be compatible with existing and future
land uses of the surrounding area and is an extension of the existing downtown
designations along the North Federal Highway corridor as was directed by the
Comprehensive Plan and the North Federal Highway Redevelopment Plan. As
previously stated the FLUM amendment and rezoning for these properties generally
involve the change in zoning from one commercial zoning designation to another
with the same commercial development potential. The additional residential density
will provide an incentive for redevelopment and ultimate revitalization of this area.
The proposal does not expand the commercial boundaries from those that currently
exist.
Based upon the above, the proposed FLUM amendment and Rezoning to CBD are
compatible with the existing and future land uses of the surrounding area, and a
positive finding with respect to compatibility can be made.
o Compliance -- Development under the requested designation will comply with
the provisions and requirements of the Land Development Regulations.
Planning and Zoning Board 5 Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 6
As noted previously, a development proposal has not been submitted with the
proposed FLUM and rezoning request. Future redevelopment of the land will occur
in accordance with the City's Land Development Regulations during the site plan
review process. Given the above, a positive finding with respect to compliance with
the Land Development Regulations can be made.
REQUIRED FINDINGS (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to 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, written
materials submitted by the applicant, 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.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment Analysis" section of
this report. Compliance with the Land Development Regulations with respect to
Standards for Rezoning Actions and Rezoning Findings are discussed below.
Section 3.2.2 (Standards for Rezoning Actions): Standards A, B, and E are not
applicable. The applicable performance standards of Section 3.2.2 are as
follows:
C) Zoning changes that would result in strip commercial development shall be
avoided. Where strip commercial zoning developments or zoning currently
exists along an arterial street, consideration should be given to increasing
the depth of the commercial zoning in order to provide for better project
design.
The proposed rezoning from GC to CBD would not create a situation that would
dictate the development of strip commercial development. The Downtown
Design Guidelines that apply to the CBD zoning district prevent the development
of strip commercial development by requiring that buildings be located toward
the front of a property and that parking areas would be located behind the
buildings.
(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.
Planning and Zoning Board 5 Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 7
The following zoning designations and uses border the area:
Direction
ZoninQ
Uses
North
West
South
East
GC
RO (Residential Office)
CaD
RM & CF
Parking lot (under construction)
Residential and offices
Offices and retail
Residential & Commercial
The proposed rezoning is compatible with the adjacent land uses and consistent
with the development pattern along Federal Highway. Further, the CaD zoning
district contains development regulations that address the compatibility with less
intensive zoning districts.
Section 2.4.5(D)(5) (Rezonina Findinas):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter
Three, 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.
As noted previously, the proposed modifications were suggested in the Comprehensive
Plan and North Federal Highway Redevelopment Plan. This area was designated as a
blighted area. The GC zoning district is of similar intensity as the CaD with respect to
commercial development. The increase in the residential density will encourage
redevelopment within the area and the revitalization of North Federal Highway.
However, the GC zoning designation has not been of sufficient density to stimulate the
desired redevelopment of this area. Therefore, a finding can be made the rezoning
fulfills subsections "b" and "c."
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on the development proposal.
No formal development application has been submitted for the subject property.
Compliance with the Land Development Regulations will be reviewed when a
development is submitted. There are no problems anticipated with the ability to comply
with development standards regulations.
Planning and Zoning Board S Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 8
The property is not in an area that requires review by the DDA (Downtown Development
Authority).
Community Redevelopment Aaency (CRA):
The CRA reviewed the FLUM amendment and Zoning Map change at its meeting of
July 13, 2006 and recommended approval.
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 presented at the
Planning and Zoning Board meeting.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
. Neighborhood Advisory Council
. La Hacienda
. Progressive Residents Of Delray
Palm Trail
Presidents Council
The proposed amendments were anticipated by the Comprehensive Plan and North
Federal Highway Redevelopment Plan in order to stimulate redevelopment of this
blighted area. The proposed amendments will change the designations from one
commercial designation to another commercial designation. The increased intensity of
the residential density can be accommodated by the existing infrastructure. Positive
findings can be made with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LOR Section 3.1.1 (Required
Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive
findings can be made with respect to LOR Section 2.4.5(0)(5) (Rezoning Findings).
Therefore, the proposed FLUM amendment and Rezoning can be recommended for
approval based on the findings outlined in this report.
A. Postpone with direction.
B. Recommend to the City Commission approval of the FLUM Amendment and
Rezoning for the subject properties, by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is
consistent with the Future Land Use Element Policy A-1.7 of the Comprehensive
..
Planning and Zoning Board S Report
Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway
Page 9
Plan (FLUM Amendment Findings), LOR Section 2.4.5.(0)(5) (Rezoning
Findings), LOR Section 3.1.1 (Required Findings), LOR Section 3.2.2 (Standards
for Rezoning Actions), and the Goals, Objectives, and Policies of the
Comprehensive Plan; or
C. Recommend denial of the FLUM Amendment and Rezoning by adopting the
findings of fact and law contained in the staff report, and finding that the request
is inconsistent with Future Land Use Element Policy A-1.7 of the Comprehensive
Plan (FLUM Amendment Findings), LOR Section 2.4.5(0)(5) (Rezoning
Findings), LOR Section 3.1.1 (Required Findings), LOR Section 3.2.2 (Standards
for Rezoning Actions) and the Goals, Objective, and Policies of the
Comprehensive Plan.
Recommend to the City Commission approval of the proposed FLUM Amendment from
GC (General Commercial) to CC (Commercial Core), and the Rezoning from GC
(General Commercial) and AC (Automotive Commercial) to CBO (Central Business
District), for properties located between NE 4th Street and George Bush Boulevard and
extending from the FEC Railroad to approximately % block east of NE 6th Avenue, by
adopting the findings of fact and law contained in the staff report, and finding that the
request and approval thereof is consistent with Future Land Use Element Policy A-1.7
of the Comprehensive Plan (FLUM Amendment Findings), LOR Section 2.4.5.(0)(5)
(Rezoning Findings), LOR Section 3.1.1 (Required Findings), LOR Section 3.2.2
(Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the
Comprehensive Plan.
Attachments:
. Proposed Future Land Use Map
. Zoning Map
. Location Map
Report prepared by: Scott Pape. Senior Planner
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CITY OF DELRAY BEACH
NOTICE OF
PROPOSED REZONING AND
PLACING LAND PRESENTLY
ZONED AC (AUTOMOTIVE
COMMERCIAL) DISTRICT
IN PART AND GC (GENERAL
COMMERCIAL) DISTRICT
IN PART TO CBD (CENTRAL
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The City Commission of the City of Delray Beach, Florida, pro-
poses to adopt the following ordinance:
ORDINANCE NO. 69-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DIS-
TRICT IN PART AND GC (GENERAL COMMERCIAL) DISTRICT
IN PART TO CBD (CENTRAL BUSINESS) DISTRICT; SAID LAND
BEING PARCELS OF LAND GENERALLY LOCATED BETWEEN
NE 4TH STREET AND GEORGE BUSH BOULEVARD AND EX-
TENDING FROM THE FEC RAILROAD TO APPROXIMATELY %
BLOCK EAST OF NE 6TH AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, MARCH 2006"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
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The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony regarding the proposed
ordinance. The first Public Hearing will be held on TUESDAY,
DECEMBER 5. 2006. AT 7:00 P.M. in the Commission Chambers
at City Hall, 100 N.W 1st Avenue, Delray Beach, Florida. If the
proposed ordinance is passed on first reading, a second Public
Hearing will be held on TUESDAY. FEBRUARY 6. AT 7:00 P.M.
(or at any continuation of such meeting which is set by the Com-
mission) in the Commission Chambers at City Hall, 100 NW. 1st
Avenue, Delray Beach, Florida.
All, interested citizens are invited to attend the public hearings
and comment upon the proposed ordinance or submit their com-
ments in writing on or before the date of these hearings to the
Planning and Zoning Department. For further information or to
obtain a copy of the proposed ordinance, please contact the
Planning and Zoning Department, City Hall, 100 N.W. 1 st Avenue,
Delray Beach, Florida 33444 (email at pzmail@mydelraybeach.
com) or by calling 561/243-7040), 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 consid-
ered at these hearings, 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 nor prepare
such record pursuant to F.S. 286.0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin, CMC
City Clerk
PUBLISH: Monday, November 27, 2006
Tuesday, January 30,2007
BOCA RATON/DELRAY BEACH NEWS
AD'# NS01 0743
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CITY OF DELRAY BEACH
NOTICE OF PROPOSED
REZONING AND PLACING
LAND PRESENTLY ZONED
AC (AUTOMOTIVE
COMMERCIAL) DISTRICT
IN PART AND GC (GENERAL
COMMERCIAL) DISTRICT
IN PART TO CBD (CENTRAL
BUSINESS) DISTRICT
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The City Commission of tile City of Del ray Beach, Florida, proposes to adopt
the following ordinance:
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ORDINANCE NO. 69-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH. FLORIDA, REZONING AND PLACING l.AND
PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT IN
PART AND GC (GENERAL COMMERCIAL) DISTRICT IN PART TO CRD
(CENTRAL BUSINESS) DISTRICT; SAID LAND BEING PARCELS OF
LAND GENERALLY LOCAfED BETWEEN NE 4TH STREET AND
GEORGE BUSH BOUl.EVARD AND EXTENDING FROM THE FEC
RAILROAD TO APPROXIMATFJY Y, BLOCK EAST OF NE 6TH
AVENUE. AS MORE PARTICULARLY DESCRIBED HEREIN; AMEND-
ING "ZONING MAP OF DELRAY BEACH, FLORIDA, MARCH 2006";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
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The City Commission will conduct two (2) Public Hearings lor the purpose of
accepting public testimony regarding the proposed ordinance. The first Public
Hearing will be held on TUESDAY. DECEMBER S. 2006. AT 7:00 P.M. in
the Commission Chambers at City Hall, 100 N.W 1st Avenue. Delray Beach.
Florida, If the proposed ordinance is passed on first reading, a second Public
Hearing will be held on TUESDAY. JANUARY 2. 2007. AT 7:()() 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,
All interested citizens are invited to attend the public hearings and comment
upon the proposed ordinance or submit their comments in wTiting on or bdilre
the date of these hearings to the Planning and Zoning Department For lurther
information or to obtain a copy of the proposed ordinance, please contact the
Planning and Zoning Departmen~ City Hal!, 100 N.W 1st Avenue. Delray
Beach, Florida 33444 (email atpzmail@mydelraybeach.com) or by calling
56Ii243-7040), between the hours 0[8:00 a-111, 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 these hearings, such
person may ne..>d to ensure that a verbatim record includes the testimony <md
evidence upon which the appeal is to be based. Tbe City does not provide nor
prepare such record pursuant to F.S, 286.0105.
CITY OF DELRAY BEACH
Chevelle 0, Nubin, CMC
City Clcrk
PUBLISH: Monday, Nowmoer 27,2006
Tuesday, December 26, 2006
BOCA RAr'ON NEWSIDELRA Y BEACH NEWS
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