65-95 ORDINANCE NO. 65-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION FROM COMMUNITY FACILITIES-PUBLIC
BUILDINGS TO COMMERCIAL CORE, AND REZONING FROM CF
(COMMUNITY FACILITIES) DISTRICT TO CBD (CENTRAL
BUSINESS DISTRICT), FOR THE DELRAY BEACH PUBLIC
LIBRARY AND ASSOCIATED PROPERTIES, AS THE SAME IS
MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION 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.
WHEREAS, the property hereinafter described is shown on the
Future Land Use Map (FLUM) in the Comprehensive Plan for the City of
Delray Beach, Florida, as being designated Community Facilities-Public
Buildings; 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, meeting 16, 1995, Planning
at
its
of
October
the
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, reviewed this item and voted 6 to 0 to recommend approval of a
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, and 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:
~ That the legal description of the subject
property is as follows:
Lots 8, 9 and 10 (less the West 8 feet for street
right-of-way) and Lots 15, 16 and 17, all in Block
101, TOWN OF LINTON (NOW TOWN OF DELRAY), according
to the Plat recorded in Plat Book 1, Page 3, of the
Public Records of Palm Beach County, Florida.
The subject property is located one-half block south
of East Atlantic Avenue, between S.E. 4th Avenue and
S.E. 5th Avenue (southbound Federal Highway);
containing 1.42 acres, more or less. The existing
land use is the Public Library, municipal parking
lot, Chamber of Commerce offices, and a
privately-owned commercial building.
S$ction 2. That the Future Land Use Map in the
Comprehensive Plan of the City of Delray Beach, Florida, is hereby
changed to reflect a land use designation of Commercial Core for the
subject property.
Section 3. That the City of Delray Beach elects to make
this small scale amendment by having only an adoption hearing,
pursuant to Florida Statutes Section 163.3187(1)(0)4.
Section 4. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, is hereby amended to reflect
a zoning classification of CBD (Central Business District) for the
subject property.
~_~ That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 4 hereof.
Section 6. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
S_~ That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
S~J~9~s__$_~ 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 development 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
- 2 - Ord. No. 65-95
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.
PASSED AND ADOPTED in regular session on second and final
reading on this the 7th day of November , 1995.
ATTEST:
First Reading October 24~ 1995
Second Reading November 7, 1995
- 3 - Ord. No. 65-95
N.E. 2ND ST. -- '
OLD A TLAN TIC PARK
SCHOOL PLAZA
SQUARE
III I III [-~/]_//IIIII I I~111 I h~.
ATLANTIC AVENUE
S.E. IST ST.
:llllll,,i ·
S.E. *: 2ND ST.
~ SMALL SCALE AMENDMENT & REZONING
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /00 - MEETING OF NQVEMBER 7. 1995
$~COND R~ADING AND PUBLIC HEARING FOR ORDINANCE NO. 65-95
(SMAL~ ~QALE FLUM AMENDMENT AND REZONING FOR THE PUBLIC
LIbrARY AND ASSOCIATED PROPERTIES)
DATE: OCTOBER 30, 1995
This is second reading and public hearing for Ordinance No. 65-95
which changes the Future Land Use Map (FLUM) designation for the
Delray Beach Public Library and associated properties from
Community Facilities-Public Buildings to Commercial Core, and
rezones the property from CF (Community Facilities) District to CBD
(Central Business District). The FLUM amendment and rezoning
include the public library, Chamber of Commerce offices, municipal
parking lot, and a privately-owned commercial building just south
of the library.
This small scale amendment and rezoning will accommodate the
existing uses as well as provide greater flexibility with respect
to the CBD zone district development standards, in anticipation of
a proposal to expand the library.
The Planning and Zoning Board considered this matter at public
hearing on October 16, 1995, and voted 6 to 0 to recommend
approval. At first reading on October 24, 1995, the Commission
passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 65-95 on second and final
reading.
ref:agmemol4
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /~ ~- MEETING OF OCTOBER 24. 1995
FIRST READING FQR ORDINANCE NO. 65-95 (SMALL SCALE FLUM
AMENDMENT AND REZONING FOR THE PUBLIC LIBRARY AND
ASSOCIATED PROPERTIES)
DATE: OCTOBER 20, 1995
This is first reading for Ordinance No. 65-95 which changes the
Future Land Use Map (FLUM) designation for the Delray Beach Public
Library and associated properties from Community Facilities-Public
Buildings to Commercial Core, and rezones the property from CF
(Community Facilities) District to CBD (Central Business District).
The FLUM amendment and rezoning include the public library, Chamber
of Commerce offices, municipal parking lot, and a privately-owned
commercial building just south of the library.
This small scale amendment and rezoning will accommodate the
existing uses as well as provide greater flexibility with respect
to the CBD zone district development standards, in anticipation of
a proposal to expand the library.
The Planning and Zoning Board considered this matter at public
hearing on October 16, 1995, and voted 6 to 0 to recommend
approval.
Recommend approval of Ordinance No. 65-95 on first reading. If
passed, a public hearing will be held on November 7, 1995.
5-0
ref:agmemol4
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: I OR
NING AND ZONING
FROM: - /~EYA. COSTELLO [ SE'NrOR PLANNER
SUBJECT: MEETING OF OCTOBER 24, 1995
SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM
COMMUNITY FACILITIES--PUBLIC BUILDINGS TO
COMMERCIAL CORE. AND REZONING FROM CF (COMMUNITY
FACILITIES) TO CBD (CENTRAL BUSINESS DISTRICT) FOR
THE DELRAY BEACH PUBLIC LIBRARY AND ASSOCIATED
PROPERTIES.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of a_Dproval on first
reading of an ordinance changing the Future Land Use Map designation
from Community Facilities-Public Buildings to Commercial Core and
rezoning from CF (Community Facilities) to CBD (Central Business
District) for the Delray Beach Public Library and associated properties.
The subject property is located one-half block south of East Atlantic
Avenue, between S.E. 4th Avenue and S.E. 5th Avenue (Southbound
Federal Highway).
BACKGROUND:
The proposal is to change the Future Land Use Map designation for the Delray
Beach Public Library and associated properties from Community Facilities--
Public Buildings to Commercial Core and rezone the property from CF
(Community Facilities) to CBD (Central Business District). The FLUM
amendment and rezoning include the public library, Chamber of Commerce
offices, municipal parking lot, and a privately-owned commercial building, just
south of the library. The FLUM amendment and rezoning will accommodate the
existing uses as well as provide the flexibility with respect to the CBD zone
district development standards, in anticipation of a proposal to expand the
City Commission Documentation
Meeting October 24, 1995
First Reading of an Ordinance - Small-Scale Future Land Use Map Amendment and Rezoning to
CBD for the Delray Beach Public Library and Associated Properties
Page 2
library. Additional background and an analysis of the request is found in the
attached Planning and Zoning Board Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of October 16, 1995, the Planning and Zoning Board held a public
hearing in conjunction with review of the requests. There was one objection
raised from an adjacent property owner who was concerned that the rezoning
would ultimately lead to the establishment of new uses on the property, and a
reduction of parking spaces. The Board voted 6-0 to recommend that the
requests be approved.
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance for the FLUM amendment and
rezoning for the Delray Beach Public Library and associated properties, and
setting a public hearing date of November 7, 1995.
Attachments:
P & Z Staff Report and Documentation of October 16, 1995
Ordinance by Others
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: October 16, 1995
AGENDA ITEM: V.E.
ITEM: Future Land Use Map Amendment from Community Facilities--
Public Buildings and Rezoning from CF (Community ~acilities) to
CBD (Central Business District) for the Delray Beach Public Library
and associated properties, located between S.E. 4th Avenue and
S.E. 5th Avenue (Southbound Federal Highway), one-half block
south of East Atlantic Avenue.
S.F- . ST. ~OO ~
Tinr---II~l ~~1 III I~ ~~f Il Il !I,~ ~ [ , ~, ,
GENE~L DATA:
Owne~ ...................................................... ~i~ of Delray Beach, and ~hades H. Kempster and Ruth Doman Tr.
ApplioangAgent ..... .. ................................... David T. Harden, ~i~ Manager
Ci~ of Delray Beach
Lo~tion .................................................... Be~een S.E. 4th Avenue and S.E. 5th Avenue (8outhbound Federal
Highway), one-half block south of East Atlantic Avenue.
Prope~ ~ize ............................................ 1.42 Acres
Existing Futura Land Use Map ............. :~.. Communi~ Facilities- Public Buildings
Proposed Future Land Use Map ............... Commercial Core
Current Zoning .......................................... CF (Communi~ Facilities)
Proposed Zoning ....................................... CBD (Central Business DistHot)
Adjaoent Zoning ............................. North: CBD
East: CBD
~outh: ~BO
West: CBD
Existing Land Use .................................... Public libra~, municipal parking lot, Chamber of Commerce o~ces,
and a privately-owned commerdal building.
Proposed Land Use .................................. Same as existing
Water ~e~i~e ........................................... ~xisting on site
~ewec ~ervi~e ........................................... ~xisting on ~ite
The item before the Board is that of making a recommendation on
a City initiated Small Scale Future Land Use Map Amendment from
Community Facilities-Public Building to Commercial Core and a
rezoning from CF (Community Facilities) to CBD (Central Business
District) for the Delray Beach Library and associated properties.
The subject property is located between S.E. 4th Avenue and S.E.
5th Avenue (Southbound Federal Highway), one-half block south of
East Atlantic Avenue.
~iii~.';.';.'~i !.."ii~ii~i~i~:..~i~iii~i~i ~ii i~i?'~' ~ij~'i~ii?~'~i~? !i:-'-?:'¥'~'~'~i~"%i'~?~"'~'?iii':'~'~!' ' ' ~;~'"~!~l~'~i~i' "~'" '~''~' ""~' ........
The proposal incorporates Lots 8 - 10, and 15 - 17, Block 101, Town of Delray,
and consists of 1.42 acres. The existing public library (Lots 8 and 9 and the
north part of 10) was constructed in 1949 with additions constructed in 1961,
1968 and 1985, and exterior improvements made in 1992. The existing
commercial structure (portion of Lot 10) was constructed in 1948 with an addition
constructed in 1978. The Chamber of Commerce office building (Lot 17) was
constructed in 1968 with an addition in 1969. The existing municipal parking lot
(Lots 15 and 16) was constructed in 1970.
Prior to 1990, the public library and the adjacent parking area were zoned CBD
(Central Business District). When the new Comprehensive Plan and City-wide
rezonings were adopted in 1989 and 1990, the Community Facilities land use
and zoning designations were affixed to the properties. The properties contain
the library, the Chamber of Commerce building, and the associated parking lot,
all of which are owned by the City. The rezoning also included a privately-
owned structure located immediately south of the library.
The CF zoning regulations call for a 10' perimeter buffer around buildings. The
library has an existing setback of close to 0' on the south end, and 7.5' on the
west side. An expansien is planned that would take the second floor to within a
few feet of the east property line as well. Under the CBD regulations, 0' front,
side and rear setbacks are permissible for properties located within the first block
north and south of Atlantic Avenue. The CBD zoning also provides more flexible
parking ....requirements than the CF district. In light of the less restrictive
requirements a FLUM amendment to Commercial Core and rezoning to CBD
have been requested.
P & Z Board Staff Report
Small Scale FLUM Amendment from Community Facilities-Public Buildings to Commercial Core
and Rezoning from CF to CBD for Delray Beach Public Library and associated properties
Page 2
The proposal is to change the Future Land Use Map designation for the Delray
Beach Public Library and associated properties from Community Facilities--
Public Buildings to Commercial Core and rezone the property ~om CF
(Community Facilities) to CBD (Central Business District). ThC' FLUM
amendment and rezoning include the public library, Chamber of Commerce
offices, municipal parking lot, and a privately-owned commercial building, just
south of the library. The FLUM amendment and rezoning will accommodate the
existing uses as well as provide the flexibility with respect to the CBD zone
district development standards, in anticipation of a proposal to expand the
library.
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
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;
Fi 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 land use map amehdment involves a 1.42 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 expansion of the public library.
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.
P & Z Board Staff Report
Small Scale FLUM Amendment from Community Facilities-Public Buildings to Commercial Core
and Rezonin9 from CF to CBD for Delray Beach Public Library and associated properties
Page 3
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.
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 expansion of the public library.
The proposed Commercial Core land use designation will allow the following
zoning classifications: CBD (Central Business District), RT (Resort Tourism), RO
(Residential Office), OSR (Open Space and Recreation), OS (Open Space), and
CF (Community Facilities). The existing uses (Public Library, Chamber of
Commerce offices, municipal parking lot, and privately-owned commercial
building) are permitted in the CBD zone district, thus, none of the uses will
become nonconforming.
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
offices development as well as residential on upper floors of commercial
structures. The surrobnding properties have a Commercial Core land use
designation, are zoned CBD, and contain commercial uses.' Compatibility with
the adjacent commercial developments is not a concern as the uses in question
and the.. surrounding commercial uses have co-existed for many years. The
proposed land use map amendment to Commercial Core is consistent with the
proposed CBD zone district, and is of similar intensity as the existing Community
Facilities--Public Buildings land use designation.
P & Z Board Staff Report
Small Scale FLUM Amendment from Community Facilities-~Public Buildings to Commercial Core
and Rezoning from CF to CBD for Delray Beach Public Library and associated properties
Page 4
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 for~ 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: The use or structures must be allowed in the
zoning district and the zoning district must be consistent with the land use
designation.
The subject property has a Community Facilities-Public Buildings Future Land
Use Map designation and is currently zoned CF (Community Facilities). The
proposed Commercial Core land use designation and CBD (Central Business
District) zoning designation are consistent with each other. Pursuant to the LDR
Section 4.4.13(B), within the CBD zone district, the existing uses (public library,
Chamber of Commerce offices, municipal parking lot, and privately-owned
commercial building) are allowed as permitted uses. Based upon the above, a
positive finding can be made with respect to consistency with the land use map
designation.
CONCURRENCY: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be provided pursuant to
levels of service established within the Comprehensive Plan.
In the preparation of .t. he Delray Beach Comprehensive Plan, the land use
designations throughout the entire planning and service area were considered in
the overall land use pattern, assessment of level of service, the provision of
services, and meeting remaining land use needs. Technically, the establishment
of the CBD zone district would open this parcel to commercial development
which could be more intense than uses allowed under the CF zoning. However,
this petition is related to maintaining existing uses while providing flexibility for
future expansion. Concurrency findings with respect to future improvements will
be made at the time of development review.
P & Z Board Staff Report
Small Scale FLUM Amendment from Community Facilities--Public Buildings to Commercial Core
and Rezoning from CF to CBD for Delray Beach Public Library and associated properties
Page 5
CONSISTENCY: Compliance with the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required
findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in the
making of a finding of overall consistency.
Comprehensive Plan Policies
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and no applicable objectives or policies were found.
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.
The surrounding properties are commercial in character and are zoned
CBD. Compatibility with the surrounding properties is not a concern as
the existing library and associated uses are commercial in character and
have co-existed with the surrounding uses for many years.
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. ~at 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.
P & Z Board Staff Report
Small Scale FLUM Amendment from Community Facilities--Public Buildings to Commercial Core
and Rezoning from CF to CBD for Delray Beach Public Library and associated properties
Page 6
The reason for which the rezoning is being sought is based upon Items "a" and
"c". With respect to the commercial property immediately south of the library, the
CF zoning designation was erroneously applied and therefore should be rezoned
to CBD.
With respect to the balance of the property, the existing uses are commercial in
character and are permitted in the CBD zone district. The CBD zone district
provides more flexible setback and parking requirements than the CF zone
district. The CF zoning regulations call for a 10' perimeter buffer around
buildings. The library has an existing setback of close to 0' on the south end,
and 7.5' on the west side. An expansion is planned that would take the second
floor to within a few feet of the east property line as well. Under the CBD
regulations, 0' front, side and rear setbacks are permissible for properties
located within the first block north and south of East Atlantic Avenue. The CBD
zone district'is more appropriate as the existing uses are permitted in the CBD
zone district and the properties are located within the area one block north and
south of East Atlantic Avenue.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
The rezoning includes the public library, Chamber of Commerce offices,
municipal parking lot and a privately-owned commercial building. Under the
current CF zoning, the existing structures violate the required 10' building
setback requirement and are therefore nonconforming. The CF setback and
parking requirements affect the ability to expand the existing library structure.
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.
i li~iii ii~:1~, :,'-:1,i~?,i!iiii i;~;~/"'~i'-'i~i~,.-.'"i i..,~:"".."t~i~i~i~ i';...:~i ~¢~i~!,:ii~::':--"':'~:.::i ?':' :'iii; :%?:~i%ii; :" "" '":'=~=iiiii~ :'"'"~ i?':~i'~,~i'":iii? '.-:? iF;iii ?.¢i:'7:i ~-.'..'"~ ~t i~ ~"~i'.',.',.'~ii¢it i~i,':""' ~i:~';~.,~ ;i:,"~ :,'?.-'~i~ ~ ~,.'~4'."..;.!~!
..................... .., ............................... ,..,..-, ............. - ......... ®i, ................ ............................... ................ ..-..,.....,,,.,..,.,, ........... .........................
Downtown Development Authority
At its meeting of September 20, 1995, the DDA reviewed the proposal for
rezoning and FLUM amendment. A recommendation is not provided as the
members were split with respect to the proposal. Those who voted against the
FLUM amendment and rezoning felt that since the facilities were "public" they
should remain zoned CF.
P & Z Board Staff Report
Small Scale FLUM Amendment from Community Facilities-Public Buildings to Commercial Core
and Rezoning from CF to CBD for Delray Beach Public Library and associated properties
Page 7
Community Redevelopment Agency
At its meeting of September 28, 1995, 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-Public
Building to Commercial Core is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development Regulations. The
proposed land use plan amendment is consistent with the current use of the
property as well as the proposed CBD zoning designation. The rezoning will
enable positive findings to be made with Chapter $ of the Land Development
Regulations, policies of the Comprehensive Plan, and LDR Sections
2.4.5(D)(5)(a) and (c) (Rezoning Findings). The privately-owned property was
erroneously zoned CF. The CF regulations are not as flexible as the CBD
regulations. The CBD zone district is more appropriate as the existing uses are
permitted in the district and the properties are located within the area one block
north and south of East Atlantic Avenue, which provides more flexible
regulations.
A. Continue with direction.
B. Recommend approval of the Future Land Use Map Amendment from
Community Facilities-Public Buildings 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 Sections
?.4.5(D)(5)(a) and (c).
C. Recommend denial of the Future Land Use Map Amendment from
Community Facilities--Public Buildings 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-Public Buildings to Commercial Core
and Rezoning from CF to CBD for Delray Beach Public Library and associated properties
Page 8
Recommend to the City Commission approval of the Small-Scale Future Land
Use Map amendment for Community Facilities - Public Buildings 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 Reg"ulations,
policies of the Comprehensive Plan, and LDR Sections 2.4.5(D)(5)(a) and (c).
Attachment:
Location Map
This Staff Report prepared by: Jeff Costello, Senior Planner
.. 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 1.42 acm parcel
of land located one-half block south of East Atlantic Avenue, between
S.E. 4th Avenue and S.E. 5th Avenue. The existing land use is the Public
Library, municipal parking lot, Chamber of Commerce offices, and a pri-
vately owned commercial building. The proposal involves a Land Use
Map Designation change FROM Community Facilities- Public Buildings
TO Commercial Core.
The City Commission will conduct a Public Hearing on TUESDAY,
NOVEMBER 7, 1995, at 7:00 P,M, .(or at any continuation of such meet-
ing 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. 65-95
AN ORDINANCE OF THE CiTY COMMISSION OF THE CITY OF DEL-
RAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP
DESIGNATION FROM-COMMUNITY FACILITIES-PUBLIC BUILDINGS
TO COMMERCIAL CORE, AND REZONING FROM CF (COMMUNITY
FACILITIES) DISTRICT TO CBD (CENTRAL BUSINESS DISTRICT),
FOR THE DELRAY BEACH PUBLIC LIBRARY AND ASSOCIATED
PROPERTIES, AS THE SAME IS MORE PARTICULARLY DESCRIBED
HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND USE MAP AMEND-
MENTS; AND AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A
' S'AVING CLAUSE, AND AN EFFECTIVE DATE.
NI interested citizens are invited to attend the public hearing and com-
ment upon the proposed Land Use Map Amendment or submit their
comments in writing on or before the date of this hearing to the Planning
& 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, FL
33~.~~, (Phone 407/243-7040), between the hours of 8:00 a.m. and 5:00
Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A.PERSON DECIDES TO APPEAL
ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH PERSON
WILL NEED A RECORD OF THESE PROCEEDINGS, AND 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.
CITY OF DELRAY BEACH
Alison MacGregor Harty
- City Clerk
PUBLISH: THE NEWS ~.
October 31, 1995
Boca Raton/Delray Beach
Ad 8721O83
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QITY OF DELRAY BEACH. FLORIDA
NQTICE 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 1.42
acre parcel of land located one-half block south of East Atlantic
Avenue, between S.E. 4th Avenue and S.E. 5th Avenue. The
existing land use is the Public Library, municipal parking lot,
Chamber of Commerce offices, and a privately-owned commercial
building. The proposal involves a Land Use Map Designation
change FROM Community Facilities-Public Buildings TO Commercial
Core.
The City Commission will conduct a Public Hearing on ~
NOVEMBER. 7, 1992, 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. 65-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEL~AY BEACH,
FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM
COMMUNITY FACILITIES-PUBLIC BUILDINGS TO COMMERCIAL CORE, AND
REZONING FROM CF (COMMUNITY FACILITIES) DISTRICT TO CBD (CENTRAL
BUSINESS DISTRICT), FOR THE DELRAY BEACH PUBLIC LIBRARY AND
ASSOCIATED PROPERTIES, AS THE SAME IS MORE PARTICULARLY DESCRIBED
HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE MAP 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 submit
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 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 TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE
SUCH RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
October 31, 1995 Alison MacGregor Harty
City Clerk
Instructions to Newspaper: This ad is nQt 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.
LEGAL VERIFICATION FORM
FILE #: 95~203
PROJECT NAME: LIBRARY/CHAMBER OF COMMERCE/KEMPSTER-
DOMAN PROPERTY
LEGAL DESCRIPTION:
LOTS 8, 9, AND 10 ( LESS THE WEST 8 FEET FOR STREET RIGHT-OF-WAY)
AND LOTS 15, 16 AND 17, ALL IN BLOCK 101, TOWN OF LINTON (NOW
TOWN OF DELRAY) ACCORDING TO THE PLAT RECORDED IN PLAT BOOK
1, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
SOURCE of Legal Description: PROPERTY APPRAISER RECORD
VERIFIED BY: ~ DATE: [~/¢~"
VERIFICATION REQUEST NEEDED BY: OCTOBER 20, 1995
LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND
READING:
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY:
LEGLIB