56-96 ORDINANCE NO. 56-96
AN ORDINANCE OF THE CITY ~SSION OF THE CITY OF DELRAY
BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP
DESIGNATION FROM COMMUNITY FACILITIES - RECREATION TO
COMMERCIAL CORE, AND REZONING FROM CF (COMMUNITY
FACILITIES) DISTRICT TO CBD (CENTRAL BUSINESS DISTRICT),
FOR A PORTION OF BLOCK 85 LYING EAST OF THE FLORIDA EAST
COAST RAIL~IY AT THE NORTHWEST CORNER OF S.E. 1ST STREET
AND S.E. 3RD AVENUE, AS THE SAME IS MORE PARTICULARLY
DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PRDCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; AND 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 designated on the
Future Land Use Map (FLUM) in the Comprehensive Plan for the City of Delray
Beach, Florida, as Community Facilities- Recreation; and
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 CF (Community Facilities) District; and
WHEREAS, at its meeting of November 18, 1996, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed
this item at public hearing and voted to recommend approval of the small
scale FLUM amendment and rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Future Land Use Map in the
Comprehensive Plan be amended to reflect the revised land use designation,
add 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 legal description of the subject property is
as follows:
All of BLOCK 85 lying east of the Florida East Coast
Railw~y's 100 ft. right-of-way, less the North 250 feet
and the South 25 feet, City of Delray Beach (formerly
Town of Linton), according to the plat recorded in Plat
Book l, Page 3, recorded in the Public Records of Palm
Beach County, Florida.
The subject property is located on the east side of the
Florida East Coast Railway at the northwest corner of
S.E. 1st Street and S.E. 3rdAvenue; containing 0.86
acres, more or less.
Section 2. That the Future Land Use Map in the Comprehensive Plan
of the City of Delray Beach, Florida, is hereby changed to reflect a land use
designation of Commercial Core for the subject property.
Section 3. That the City of Delray Beach elects to make this small
scale amendment by having only an adoption hearing, pursuant to Florida
Statutes Section 163.3187(1)(c)4.
Section 4. That the Zoning District Map of the City of Delray
Beach, Florida, dated April, 1994, is hereby amended to reflect a zoning
classification of CBD (Central Business District) for the subject property.
Section 5. 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 4 hereof.
Section 6. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 7. 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 8. That this ordinance shall become effective thirty-one
(31) days after adoption, unless the amendment is challenged pursuant to
Section 163.3187(3), F.S. If challenged, the effective date of this
amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.S. No develol~nent orders, development
permits, or land uses dependent on this amendment may be issued or commence
before it has become effective. If a final order of noncompliance is issued
by the Administration Committee, this amendment may nevertheless be made
effective by adoption of a resolution affirming its effective status, a copy
of which resolution shall be sent to the Department of Community Affairs,
Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida
32399-2100.
- 2 - Ord. No. 56-96
PASSED AND ADOPTED in regular session on second and fiD~l reading
: on this the 3rd day of December , 1996.
ASTEST: ~Y °~~
City Cier~ -
First Reading November 19, 1996
Second Reading December 3~ 1996
- 3 - Ord. No. 56-96
OLD
SCHOOL
ATLANTIC AVENUE
S.W. 1ST ST. S.E. lST ST.
BUD'S
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S.W. 2ND ST. S.£. 2ND ST.
S.W. 5RD ST. S.£. ,3RD
N F.L.U.M AMENDMENT-MOUW PLAZA
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PLANNINC OEPA,RTMFNT FROM: CF' (COMMUNITY FACILITIES) TO: CC (COMMERCIAL CORE)
CITY OF DELRAY D£ACH, FL
DI~IFAL 8,45£ MAP 5~1'£M -- U, AP R£F: L~O5
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM #/0A' - REGULAR MEETING OF DECEMBER 3, 1996
ORDINANCE NO. 56-96/SMALL SCALE FLUM AMENDMEN~ AND REZONING FOR
PROPERTY AT THE NORTHWEST CORNER OF S.E. 1ST STREET AND S.E. 3RD
AVENUE (MOUW PLAZA)
DATE: 5K/vTEMBER 22, 1996
This is second reading and a quasi-judicial public hearing for Ordinance
No. 56-96 which changes the Future Land Use Map (FLUM) designation and
zoning for a 0.86 acre parcel of land located at the northwest corner of
S.E. 1st Street and S.E. 3rd Avenue, lying east of the Florida East Coast
(FEC) Railway. The land use change is from Community Facilities -
Recreation to Commercial Core, with rezoning from CF (Community Facilities)
District to CBD (Central Business District).
The subject property is currently owned by the FEC Railroad and designated
as reserve right-of-way. It is in the process of being sold and is
proposed for develolznent as a mixed use commercial project (Mouw Plaza).
The Planning and Zoning Board reviewed this matter at a public hearing on
November 18, 1996, and voted 5 to 0 to recommend approval based upon
positive findings with respect to policies of the Comprehensive Plan, and
Chapter 3 (Performance Stamdards) and Section 2.4.5(D) (5) of the Land
Develotmnent Regulations. At first reading on November 19, 1996, the
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 56-96 on second and final reading.
ref: agmemol 2
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~TY lVlgg~GER
SUBJECT: AGENDA ITEM % /~ A'- REGULAR MEETING OF NOVEMBER 19, 1996
ORDINANCE NO. 56-96/SMALL SCALE FLUM AMENDMENT AND REZONING FOR
PROPERTY AT THE NORTHWEST CORNER OF S.E. 1ST STREET AND S.E. 3RD
AVENUE (MOUW PLAZA)
DATE: NOVEMBER 15, 1996
This is first reading for Ordinance No. 56-96 which changes the Future Land
Use Map (FLUM) designation and zoning for a 0.86 parcel of land located at
the northwest corner of S.E. 1st Street and S.E. 3rd Avenue, lying east of
the Florida East Coast (FEC) Railway. The land use change is from
Community Facilities - Rmcreation to Commercial Core, with rezoning from CF
(Community Facilities) District to CBD (Central Business District).
The subject property is currently owned by the FEC Railroad and designated
as reserve right-of-way. It is in the process of being sold and is
proposed for development as a mixed use commercial project.
The Planning and Zoning Board will review this matter at public hearing on
November 18, 1996. The Board's findings and recommendation will be
reported to the Commission on Tuesday night.
Staff recommends approval of the ordinance on first reading, subject to the
Planning and Zoning Board's recommendation. If passed, a quasi-judicial
public hearing will be scheduled for December 3, 1996.
ref: agmemo 12
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMING13EZ, DIR~C~)TOR/Y
DEPARTMENT OF PLANNING AND ZONING
FROM: ~,~,~EY A. COSTELLO
SENIOR PLANNER
SUBJECT: MEETING OF NOVEMBER 19, 1996
SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM
COMMUNITY FACILITIES - RECREATION TO COMMERCIAL
CORE, AND REZONING FROM CF (.COMMUNITY FACILITIES)
TO CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTY
LOCATED AT THE .NORTHWEST CORNER OF S.E. 1ST
STREET AND S.E. 3RD AVENUE.
The action requested of the City Commission is that of approval on
first reading of an ordinance changing the Future Land Use Map
designation from Community Facilities - Recreation to Commercial
Core, and rezoning from CF (Community Facilities) to CBD (Central
Business District) for Mouw Plaza.
The subject property is located at the northwest corner of S.E. 1st
Street and S.E. 3rd Avenue.
The proposal incorporates the south 356 feet of Block 85 lying east of the F.E.C.
(Florida East Coast) Railroad and contains 0.86 acres. The subject property is
reserve right-of-way for the F.E.C. Railroad. The south half of the property is the
former location of the F.E.C. station which has been refurbished and is now
located at the Ocean City Lumber site.
City Commission Documentation
Meeting of November 19, 1996
Small-Scale FLUM Amendment from Community Facilities - Recreation to Commercial Core and
Rezoning form CF to CBD for Mouw Plaza
Page 2
The FLUM amendment and rezoning to CBD includes reserve railroad right-of-
way owned by the F.E.C. Railroad. The FLUM amendment and rezoning will
accommodate a proposal to construct a mixed-use commercial development.
Additional background and an analysis of the request is found in the attached
Planning and Zoning Board Staff Report.
The Planning and Zoning Board will formally review this item at its meeting of
November 18, 1996. The Board's recommendation and comments will be
presented at the November 19th City Commission meeting.
By motion, approve on first reading the ordinance for the Small-Scale Future
Land Use Map amendment from Community Facilities Recreation to
Commercial Core, and the rezoning from CF to CBD based upon positive
findings with respect to policies of the Comprehensive Plan, and Chapter 3
(Performance Standards) and LDR Section 2.4.5(D)(5) of the Land Development
Regulations, setting a public hearing date of December 3, 1996.
Attachments:
[] P & Z Staff Report and Documentation of November 18, 1996
[] Ordinance by Others
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: November 18, 1996
AGENDA ITEM: IV.A.
ITEM: Future Land Use Map Amendment from Community Facilities - Recreation to
Commercial Core, and Associated Rezoning from CF (Community Facilities)
to CBD (Central Business District) for a parcel of land located at the
northwest comer of S.E. 1st Street and S.E. 3rd Avenue.
rTml PIIIIIIPI II// /1111111 11111 111 ,
ATLANTIC AVENUE
~[ 1ST ST.
GENERAL DATA:
Owner ................................................. Florida East Coast Railway Co.
Applicant ............................................ Mouw Plaza, L.C.
Agent .................................................. Michael Weiner
Location .............................................. Northwest comer of S.E. 1st Street and S.E. 3rd Avenue
Property Size ...................................... 0,86 Acre
Existing Future Land Use Map ............Community Facilities-Recreation
Proposed Future Land Use Map ......... Commercial Core
Existing Zoning ................................... CF (Community Facilities)
Proposed Zoning ................................ CBD (Central Business District)
Adjacent Zoning ........................ North: CF
East: CBD
South: CF
West: CBD
Existing Land Use ............................... Vacant land (Reserve right-of-way for the F.E.C. Railroad).
Proposed LandUse ............................ Future Land Use Map amendment and Rezoning to CBD to
accommodate a proposal to construct a mixed-use commercial
development.
Water Service .................................... Available via installation of an 8" water main along S.E. 3rd Avenue
which will connect to an existing 8" water main along Atlantic Avenue.
Sewer Service .................................... Available via a connection to an existing 8" sewer main along the west
side of S.E. 3rd Avenue.
The item before the Board is that of making a recommendation to
the City Commission on a privately-initiated Small-Scale Future
Land Use Map Amendment from Community Facilities - Recreation
to Commercial Core and a rezoning from CF (Community Facilities)
to CBD (Central Business District) for Mouw Plaza.
LDR Sections 2.4.5 (A) and (D) prOvide rules and procedures for
the processing of this petition.
The subject property is located at the northwest corner of S.E. 3rd
Avenue and S.E. 1st Street.
The proposal incorporates the south 356 feet of Block 85 lying east of the Florida
East Coast (F.E.C.) Railroad and contains 0.86 acres. The subject property is
reserve right-of-way for the F.E.C. Railroad. The south half of the property is the
former location of the F.E.C. station which has been refurbished and is now
located at the Ocean City Lumber site. The asphalt parking area associated with
the railroad station still exists on the property, however it is not utilized.
On January 1, 1986, the City entered into an agreement to lease the easterly 5
feet of the subject property to construct a sidewalk. The agreement also
included other reserve areas which are leased for roadways, parking and
beautification purposes.
With adoption of the City's Comprehensive Plan in November 1989, the Future
Land Use Map designation of the property was changed from Commercial to
Community Facilities - Recreation. Subsequently, with the Citywide rezoning
and adoption of the Land Development Regulations on October 1, 1990, the
subject property was rezoned from CBD (Central Business District) to CF
(Community Facilities).
The proposal is to change the Future Land Use Map designation from
Community Facilities - Recreation to Commercial Core and rezone the property
from CF (Community Facilities) to CBD (Central Business District). The FLUM
amendment and rezoning will accommodate a proposal to construct a mixed-use
commercial development.
This Future Land Use Map Amendment is being processed as a Small-Scale
Development pursuant to Florida Statues 163.3187. This statute states that any
P & Z Board Staff Report
Small-Scale FLUM Amendment from community Facilities-Recreation Facilities to Commercial
Core and Rezoning from CF to CBD for Mouw Plaza
Page 2
local government comprehensive land use plan amendments directly related to
proposed small scale development activities may be approved without regard to
statutory limits on the frequency of consideration of amendment (twice a year),
subject to the following conditions:
The amendment does not exceed either 10 acres of nonresidential land or
10 acres of residential land with a density of 10 units per acre or less;
Q The cumulative effect of the amendments processed under this section
shall not exceed 60 acres annually; and,
The proposed amendment does not involve the same property owner's
property within a 200 feet of property granted a change within a period of
12 months.
The Future Land Use Map amendment involves a 0.86 acre area, thus the total
area is less than the 10 acre maximum for nonresidential land uses. The
amendment to Commercial Core is being processed concurrently with a rezoning
request to CBD (Central Business District) to facilitate the construction of a
mixed-use commercial development.
This amendment along with other small-scale amendments processed this year
will not exceed 60 acres. This property has not previously been considered for a
land use amendment nor have any of the same property owner's properties been
granted a land use change within 200 feet or within the last year.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and no applicable objectives and policies were found.
Land Use Analysis:
PursUant to Land Development Regulations Section 3.1.1(A) (Future Land
Use Map), all land uses and resulting structures must be allowed in the
zoning district within which the land is situated and, said zoning must be
consistent with the land use designation as shown on the Future Land Use
Map.
The current Community Facilities - Recreation FLUM designation allows the
following zoning designations: CF (Community Facilities) and OS (Open Space).
The property is currently zoned CF which allows a variety of community related
uses.
The proposed Commercial Core land use designation allows the following zoning
classifications: CBD (Central Business District), RT (Resort Tourism), RO
P & Z Board Staff Report
Small-Scale FLUM Amendment from Community Facilities-Recreation Facilities to Commercial
Core and Rezoning from CF to CBD for Mouw Plaza
Page 3
(Residential Office), OSR (Open Space and Recreation), OS (Open Space), and
CF (Community Facilities).
In conjunction with the Future Land Use Map amendment to Commercial Core, a
rezoning to CBD (Central Business District) is being sought. The FLUM
amendment and rezoning to CBD are being processed concurrently to facilitate
the construction of mixed-use development (commercial, office and residential
on upper floors) which is permitted within the CBD zone district [ref. LDR Section
4.4.13]. Based upon the above, a positive finding can be made with respect to
consistency with the Future Land Use Map designation.
Adjacent Land Use Map Designations, Zonin_o Desicjnations & Land Uses:
North: North of the property has a Future Land Use Map designation of
Community Facilities - Recreation and is zoned CF (Community Facilities). The
existing uses are vacant land and the Sun Bank parking lot.
South: South of the property has a Community Facilities - Recreation Future
Land Use Map designation and is zoned CF (Community Facilities). The existing
use of the property is a municipal parking lot.
East: East of the property, across S.E. 3rd Avenue has a Future Land Use Map
designation of Commercial Core and is zoned CBD (Central Business District).
The existing use is Sun Bank and its associated parking lot.
West: West of the property, across the F.E.C. Railroad, has a Future Land Use
Map designation of Commercial Core and is zoned CBD. The property is
currently vacant and has development approval for Phase II of the Grove Square
commercial development.
Land Use Compatibility:
As described in the Future Land Use Element of the-Comprehensive Plan, the
Commercial Core land use designation is applied to the Community's Downtown ,
area which includes the "Village Center" development scenario. The
Commercial Core accommodates a variety of uses including commercial and
office development as well as residential on upper floors of commercial
structures. Compatibility with the adjacent commercial developments is not a
concern. The properties to the north, east and west have a Commercial Core
land use designation, are zoned CBD, and contain commercial uses. The
proposed Future Land Use Map amendment to Commercial Core is consistent
with the proposed CBD zone district.
CONCURRENCY: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a
P & Z Board Staff Report
Small-Scale FLUM Amendment from Community Facilities-Recreation Facilities to Commercial
Core and Rezoning from CF to CBD for Mouw Plaza
Page 4
Certificate of Occupancy. These facilities shall be provided pursuant to
levels of service established within the Comprehensive Plan.
Water & Sewer:
I~ Water service is to be provided via installation of an 8" water main along
S.E. 3rd Avenue which will connect to the 8" main within Atlantic Avenue.
Along the water main, fire hydrants are to be provided every 300 feet.
Sewer service is available via a service lateral connection to the existing
8" main within S.E. 3rd Avenue.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's
Water Treatment Plant and the South Central County Waste Water Treatment
Plant for the City at build-out. Based upon the above, positive findings can be
made with respect to this level of service standard.
Drainage:
With FLUM and rezoning requests drainage plans are not required. The site is
primarily vacant with a large asphalt area which was previously utilized for
parking. The FLUM amendment and rezoning will not negatively impact this
existing situation. With redevelopment of the site, drainage plans will be
submitted. There are no problems anticipated retaining drainage on site and
obtaining a SFWMD permit.
Traffic:
The subject property is located within the City's TCEA (Traffic Concurrency
Exception Area) designation, which encompasses the CBD, OSSHAD (Old
School Square Historic Arts District) and the West Atlantic Avenue Business
Corridor. The TCEA exempts the above described areas from complying with
the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a
traffic study is not required for concurrency purposes, however, a traffic
statement will be necessary for impact fee purposes.
Parks and Recreation:
Park and dedication requirements do not apply to nonresidential uses. However,
with any proposed residences a parks and recreation impact fee of $500 per unit
will be assessed at the time of building permit.
P & Z Board Staff Report
Small-Scale FLUM Amendment from Community Facilities-Recreation Facilities to Commercial
Core and Rezoning from CF to CBD for Mouw Plaza
Page 5
Solid Waste:
Trash generated each year by the proposed commercial uses will likely increase
from the uses allowed by the current land use and zoning designations.
However, the development of these properties under the Commercial Core land
use designation should not create an adverse impact on this level of service
standard.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map,
Concurrency, Comprehensive Plan Consistency and Compliance with the
Land Development Regulations.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency
were previously discussed under the Future Land Use Map Analysis section of
this report. Compliance with respect to Compliance with the Land
Development Regulations (Standards for Rezoning Actions, Rezoning
Findings) are discussed below.
CONSISTENCY: Compliance with .the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required
findings in Section 2.4.$(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.
Section 3.3.2 {Standards for Rezoning Actions): Standards A-C are not
applicable. The applicable performance standard of Section 3.3.2 is 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.
Compatibility is not a concern as the surrounding properties are
commercial in character. The compatibility of the specific use with its
P & Z Board Staff Report
Small-Scale FLUM Amendment from Community Facilities-Recreation Facilities to Commercial
Core and Rezoning from CF to CBD for Mouw Plaza
Page 6
surroundings will be further reviewed with a development proposal for the
property.
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:
"Simultaneously with the request for rezoning, the applicant has submitted
a request to change the Future Land Use Map. This property is bordered
by the FEC railroad right-of-way and is surrounded by the following zoning
areas: (a) to the north CF; (b) to the east CBD; (c) to the west CBD; and,
(d) to the south CF. As an "island" within these areas and given its
proximity to the railroad tracks, there can be no other suitable designation
for the property except CBD."
Comment:The reason for which the rezoning is being sought relates to Item "c".
The proposed CBD zoning is similar in intensity as the proposed Commercial
Core Future Land Use Map designation, and is more appropriate given the
surrounding commercial properties. The property is within the City's Commercial
Core and is surrounded by properties which are commercial in character.
Further, the property is located within the first block north and south of East
Atlantic Avenue, which is primarily zoned CBD, which provides more flexible
setback and parking requirements to encourage redevelopment.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
The CBD zone district permits the existing uses and provides a more flexible
parking requirement as well as 0' building setback requirement, within the first
block north and south of Atlantic Avenue. Any future development will be
required to comply with the applicable Land Development Regulations.
P & Z Board Staff Report
Small-Scale FLUM Amendment from Community Facilities-Recreation Facilities to Commercial
Core and Rezoning from CF to CBD for Mouw Plaza
Page 7
Downtown DeYelopmont Authority
At its meeting of October 23, 1996, the DDA reviewed the proposed FLUM
amendment and rezoning and had no objections.
Community Redevelopment Agency
At its meeting of October 24, 1996, the CRA reviewed the proposed FLUM
amendment and rezoning and had no objections.
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 Future Land Use Map Amendment from Community Facilities - Recreation
to Commercial Core is consistent with the policies of the Comprehensive Plan
and Chapter 3 of the Land Development Regulations. The proposed Future
Land Use Map amendment is consistent with the proposed CBD zoning
designation. The rezoning will enable positive findings to be made with Chapter
3 of the Land Development Regulations, policies of the Comprehensive Plan,
and LDR Section 2.4.5(D)(5) (Rezoning Findings). The CBD zone district is
more appropriate as property is located within the area one block north and
south of East Atlantic Avenue, which provides flexible regulations that encourage
mixed-use developments.
A. Continue with direction.
B. Recommend approval of the Future Land Use Map Amendment from
Community Facilities - Recreation to Commercial Core, and the rezoning
request from CF to CBD based upon positive findings with respect to
Chapter 3 (Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and LDR Section
2.4.5(D)(5).
C. Recommend denial of the Future Land Use Map Amendment from
Community Facilities - Recreation to Commercial Core and the rezoning
request from CF to CBD with the basis stated.
P & Z Board Staff Report
Small-Scale FLUM Amendment from Community Facilities-Recreation Facilities to Commercial
Core and Rezoning from CF to CBD for Mouw Plaza
Page 8
Recommend to the City Commission approval of the Small-Scale Future Land
Use Map amendment from Community Facilities - Recreation Facilities to
Commercial Core, and the rezoning from CF to CBD based upon positive
findings with respect to Chapter 3 (Performance Standards) of the Land
Development Regulations, policies of the Comprehensive Plan, and LDR Section
2.4.5(D)(5).
Attachments:
CI Future Land Use Map
Q Zoning Map
El Survey
This Report prepared by: ,left Costello. Senior Planner
~ F.L.U.M. AMENDMENT-MOUW PLAZA
PL^NNINC DEPARTMENT FROM: CF (COMMUNITY FACILITIES) TO: CC (COMMERCIAL CORE)
CITY OF DEERAY BEACH, FL
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DEL RAY a~
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF LAND USE CHANGE
The City Commission of the City of Delray Beach, Florida. will
consider a proposed change to the Future Land Use Map for a
0.86 acre parcel of land located at the northwest corner of S.E.
1st Street and S.E. 3rd Avenue, lying east of the Florida East
Coast.(FEC) Railway. The proposal involves a Small Scale Future
Land Use Map amendment FROM Community Facilities -
Recreation TO Commercial Core.
The City Commission will conduct a Public Hearing on TUESDAY,
DECEMBER 3. 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 intends to adopt this
small scale amendment to the Future Land Use Map. The title of
the enacting ordinance is as follows:
ORDINANCE NO. 56-96
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CHANGING THE
FUTURE LAND USE MAP DESIGNATION FROM COM-'
MUNITY FACILITIES - RECREATION TO COMMER-
CIAL CORE, AND REZONING FROM CF (COMMUNITY
FACILITIES) DISTRICT TO CBD (CENTRAL BUSINESS
DISTRICT), FOR A PORTION OF BLOCK 85 LYING
EAST OF THE FLORIDA EAST COAST RAILWAY AT
THE NORTHWEST CORNER OF S.E. 1ST STREET
AND S.E. 3RD AVENUE, AS THE SAME IS MORE PAR-
TICULARLY DESCRIBED HEREIN; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOP-
TION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; AND AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1994"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND-AN EFFECTIVE DATE.
All interested citizens are invited to attend the public hearing and
comment upon the proposed Land Use Map Amendment or sub-
mit their comments in writing on or before the date of this hear-
ing to the Planning and Zoning Department For further informa-
tion or to obtain copies of the proposed amendment, please con-
tact Jeff Costello at the 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.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE C, ITY COMMISSION
WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
HEARING, SUCH PERSON WILL NEED A RECORD OF THESE
PROCEEDINGS, AND FOR THIS PURPOSE MAY NEED TO
ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTI-
MONY 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: THE NEWS CITY OF DELRAY BEACH
November 25, 1996 Alison MacGregor Harty
Ad #717843 City Clerk
CITY OF DELRA¥ BEACH~ FLORIDA
NOTICE OF LAND USE CHANGE
The City Commission of the City of Delray Beach, Florida, will consider a
proposed change to the Future LaD~ Use Map for a 0.86 acre parcel of land
located at the northwest corner of S.E. 1st Street and S.E. 3rd Avenue,
lying east of the Florida East Coast (FEC) Railway. The proposal involves
a Small Scale Future Land Use Map amendment FROM Community Facilities -
Recreation TO Commercial core.
The City commission will conduct a Public Hearing on TUESDAY, DECEMBER 3~
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 inteDx~s
to adopt this small scale amendment to the Future Land Use Map. The title
of the enacting ordinance is as follows:
ORDINANCE NO. 56-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION
FROM COMMUNITY FACILITIES - RECREATION TO COMMERCIAL CORE, AND
REZONING FROM CF (COMMUNITY FACILITIES) DISTRICT TO CBD
(CENTRAL BUSINESS DISTRICT), FOR A PORTION OF BLOCK 85 LYING
EAST OF THE FLORIDA EAST COAST RAILWAY AT THE NORTHWEST CORNER
OF S.E. 1ST STREET AND S.E. 3RD AVENUE, AS THE SAME IS MORE
PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR SMALL SC~LW. LAND USE PLAN
AMENDMENTS; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
All interested citizens are invited to attend the public hearing and
comment upon the proposed Land Use Map Amendment or sulz~it their comments
in writing on or before the date of this hearing to the Planning and Zoning
Department. For further information or to obtain copies of the proposed
amendment, please contact Jeff Costello at the 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.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY
THE CITY COMMISSION WITH RESPECT TO ANY MASTER CONSIDERED AT THIS HEARING,
SUCH PERSON WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR THIS PURPOSE
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 Dm.RAY BEACH
November 25, 1996 Alison MacGregor Harty
City Clerk
***************************************************************************
Instructions to Newspaper: This ad is not to appear in the legal
advertisement section of the newspaper. The ad must be at least two (2)
columns wide by ten (10) inches long. The headline [CITY OF DELRAY BEACH,
FLORIDA NOTICE OF LAND USE CHANGE] must be an 18 point bold headline.
Thank you.
OLD
SCHOOL
SQUARE
l
N
~ REZONING-MOUW PLAZA
PLANNINC DEP^Rm/NT FROM: CF (COMMUNITY FACILITIES) TO: CBD (CENTRAL BUSINESS DISTRICT)
-- DIGITAL [~,SE' ~ SYSTEM -- MAP REF: LM 10.5
LEGAL VERIFICATION FORM
FILE #: 96-265 & 96-266
PROJECT NAME: MOUW PLAZA - FEC PROPERTY FLUM AMENDMENT &
REZONING
LEGAL DESCRIPTION:
All of Block 85 lying East of the Florida East Coast Railway's
100' right-of-way, less the North 250' and the South 25', City
of Delray Beach (formerly Town of Linton) according to the
plat recorded in Plat Book .1, Page 3, recorded in the public
records of Palm Beach County, Florida.
SOURCE of Legal Description: Survey (copy attached)
VERIFIED BY:~DATE: /~ ~/¢~, NOVEMBER 13, 1996
VERIFICATION REQUEST NEED/~D~~Y:
LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND
READING:
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY:
LEGMOUW ~)~-J)'