66-95 ORDINANCE NO. 66-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PORTION OF REPLAT
OF CONGRESS PARK SOUTH, AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM LI (LIGHT INDUSTRIAL) DISTRICT
AND PCC (PLANNED COMMERCE CENTER) DISTRICT TO MIC
(MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND
BEING GENERALLY LOCATED SOUTH OF ATLANTIC AVENUE ON
THE WEST SIDE OF CONGRESS AVENUE; 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
Zoning District Map of the City of Delray Beach, Florida, dated April,
1994, as being zoned LI (Light Industrial) District and PCC (Planned
Commerce Center) District;
and
WHEREAS, at its meeting of October 16, 1995, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at public hearing and voted 6 to 0 to
recommend approval of the rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of MIC (Mixed Industrial
and Commercial) District for the following described property:
Tracts B, C, D, L-I, L-3 and a portion of Tract R,
Replat of Congress Park South, according to the Plat
thereof as recorded in Plat Book 71, Pages 190 and
191 of the Public Records of Palm Beach County,
Florida,follows: being more particularly described as
Beginning at the Southwest corner of said Tract B;
thence North 00 degrees 09'26" East, along the West
boundary of said Tract C, 634.39 feet; thence North
00 degrees 42'04" West, along said West boundary of
Tract C, 454.63 feet to the Northwest corner of said
Tract C; thence East, along the North boundary of
said Tract C, 75.56 feet; thence South 45 degrees
00'00" East, 28.28 feet; thence East, 735.97 feet to
the Northeast corner of said Tract L-3 (the preceding
three courses described being coincident with said
North boundary of Tract C); thence South, along the
East boundary of said Tract L-3, 94.35 feet to a
point of curvature; thence Southeasterly, along said
East boundary and along the arc of a tangent curve
being concave easterly, having a radius of 1101.74
feet, a delta of 17 degrees 52'50", an arc distance
of 343.82 feet; thence South 25 degrees 24'08" West,
along the boundary of said Tract L-3, a distance of
34.28 feet; thence South 68 degrees 41'06" West,
along said boundary, 26.75 feet; thence South 54
degrees 05'32" West, 77.85 feet to the Southeast
corner of said Tract L-l; thence West, along the
South boundary of said Tract L-l, a distance of 52.78
feet to the Southwest corner of said Tract L-l;
thence North, along the West boundary of said Tract
L-1 and its northerly prolongation, 97.00 feet;
thence West, along the South boundary of said Tract D
and its Westerly prolongation, 343.73 feet to a point
on the east boundary of said Tract C; thence South,
along said East boundary of said Tract C, 66.00 feet;
thence South 20 degrees 59'31" East, along said East
boundary 69.71 feet; thence South, along said East
boundary and along the East boundary of said Tract B,
498.25 feet to the Southeast corner of said Tract B;
thence South 53 degrees 40'36" West along the South
boundary of said Tract B, 234.88 feet; thence North
00 degrees 39'28" West, along the boundary of said
Tract B, 123.90 feet; thence South 89 degrees 20'32"
West, along the South boundary of said Tract B,
210.09 feet to the Point of Beginning.
The subject property is located south of Atlantic
Avenue on the west side of Congress Avenue (Levenger
facility); containing 14.62 acres, more or less.
~ That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Sectio~ ~, That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
- 2 - Ord. No. 66-95
$gction 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
~ That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 7th day of November , 1995.
ATTEST:
- City Cf~k -
First Reading October 24, 1995
Second Reading November 7, 1995
- 3 - Ord. No. 66-95
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY I~NAGER~
SUBJECT: AGENDA ITEM ~ [0 ~ - MEETING OF NOVEMBER 7. 1995
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 66-95
(REZONING FOR THE LEVENGER FACILITY)
DATE: OCTOBER 30, 1995
This is second reading and public hearing for Ordinance No. 66-95
which rezones a 14.62 acre portion of Congress Park South from LI
(Light Industrial) District and PCC (Planned Commerce Center)
District to MIC (Mixed Industrial and Commercial) District. The
purpose of this rezoning is to accommodate an expansion of the
Levenger facility.
The Planning and Zoning Board considered this item at public
hearing on October 16, 1995, and voted 6 to 0 to recommend that the
rezoning be approved. At first reading on October 24, 1995, the
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 66-95 on second and final
reading.
ref:agmemol5
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER'S/l
SUBJECT: AGENDA ITEM ~ /~' - MEETING OF OCTQB~R 24, 1995
FIRST READING FOR ORDINANCE NO. 66-95 (REZONING FOR THE
LEVENGER FACILITY)
DATE: OCTOBER 20, 1995
This is first reading for Ordinance No. 66-95 which rezones a 14.62
acre portion of Congress Park South from LI (Light Industrial)
District and PCC (Planned Commerce Center) District to MIC (Mixed
Industrial and Commercial) District. The purpose of this rezoning
is to accommodate an expansion of the Levenger facility.
The Planning and Zoning Board considered this item at public
hearing on October 16, 1995, and voted 6 to 0 to recommend that the
rezoning be approved.
Recommend approval of Ordinance No. 66-95 on first reading. If
passed, a public hearing will be held on November 7, 1995.
ref:agmemol5
CITY COMMISSION DOCUMENTATION
TO: D/~ T. HARD_~, CITY MANAGER
DEPARTMENT OF PLANNING/AND ZONING
FROM: J~ET M~EKS, SENIOR PLANNER
SUBJECT: MEETING OF OCTOBER 24, 1995
REZONING FROM LI (LIGHT INDUSTRIAL) AND PCC (PLANNED
COMMERCE CENTER) TO MIC (MIXED INDUSTRIAL AND
COMMERCIAL) FOR TRACTS B, C, AND D OF CONGRESS PARK
SOUTH
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first reading
of an ordinance rezoning a parcel of land from LI (Light Industrial) and PCC
(Planned Commerce Center) to MIC (Mixed Industrial and Commercial) for
Tracts B, C, and D of Congress Park South.
The subject property is located south of Atlantic Avenue on the west side of
Congress Avenue, and contains approximately 14.62 acres.
BACKGROUND:
The rezoning of a portion of Congress Park South is being sought for an expansion to
the Levenger's facility. The expansion includes increasing the size of the existing
facility by 99,000 square feet to accommodate additional warehouse space on Tract B,
and a free standing 58,000 square foot pavilion on Tract D. The pavilion will contain
multiple uses including exhibits of literary works, museum type displays, designated
areas for book signing sessions and story telling rooms. In addition the pavilion would
sell Levenger's merchandise as offered in the catalog. Additional background and
analysis of the request can be 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 for the rezoning request. There was no public testimony in opposition to the
request. The Board voted 6-0 to recommend that the request be approved.
City Commission Documentation
Rezoning from LI and PCC to MIC for Levenger's
Page 2.
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance rezoning Tracts B, C
and D of Congress Park South from LI (Light Industrial) and PCC
(Planned Commerce Center) to MIC (Mixed Industrial and Commercial)
for Levenger's, 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 18, 1995
AGENDA ITEM: V.D.
ITEM: Rezonings from LI (Light Industrial) and PCC (Planned Commerce
Center) to MIC (Mixed Industrial and Commercial) for three parcels in
Congress Park South, located on the west side of Congress Avenue,
south of Atlantic Avenue.
GENERAL DATA:
Owner ............................. Delmar Properties (Tract "D")
The Leveen Family Partnership
(Tracts "B" and "C")
Applicant ......................... Levenger Company
Agent .............................. Orlando Sharpe
Sharpe Project Developments, Inc.
Location .......................... On the west side of Congress
Avenue, south of Atlantic Avenue.
Property Size .................. 14.62 acres
Future Land Use Map ..... Commerce
Current Zoning ................ PCC (Planned Commerce Center)
and LI (Light Industrial)
Proposed Zoning ............ MIC (Mixed Industrial and
Commercial)
Adjacent Zoning .... North: POC (Planned Office Center)
East: PCC and MIC
South: PCC and OSR (Open Space and
Recreation)
West: OSR
Existing Land Use ........... Existing 111,681 square foot
warehouse and office structure
with associated parking,
landscaping, and vacant land.
Proposed Land Use ........ Rezoning of the subject property to
~' MIC to accommodate a 99,000
square foot expansion of the
warehouse and addition of a
58,000 square foot retail and office
structure, additional parking, and'
landscaping modifications.
Water Service. ' Existing on site.
Sewer Service ................ Existing on site.
The action before the Board is making a recommendation on a rezoning request
from PCC (Planned Commerce Center) and LI (Light Industrial) to MIC (Mixed
industrial and Commercial) for approximately 14.62 acres of Congress Park
South (Tracts B, C, and D).
The subject property is located south of Atlantic Avenue on the west side of
Congress Avenue.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make
a recommendation to the City Commission with respect to rezoning of any
properS/within the City.
On May 24, 1983, the City Commission approved a land use change and
rezoning from PRD-4 to PCC along with a Conditional Use and Site Plan for
Congress Park South. The development proposal included four office research
and light industrial buildings with a total of 230,190 square feet. In 1986, one of
the buildings was constructed on Tract A along with the internal roadways and
underground infrastructure throughout the park. As these improvements
constituted more than 25% of the total project the project was considered vested.
On February 5, 1993, the Planning and Zoning Department received a request
to change the zoning from PCC to MIC for 12.4 acres (approximately the western
half) of Congress Park South to accommodate a distribution and warehouse
development for Levenger's. VVhen the request was discussed at a Planning
and Zoning Board workshop, the Board suggested that a change to the newly
created LI district might be more appropriate.
At its meeting of April ~13, 1993, the City Commission approved the change in
zoning from PCC to LI for Levenger's. In 1994, the Levenger's distribution
facility was completed and opened for operations.
In May~. of this year, the applicant's agents discussed with the Planning
Department a proposal to expand the Levenger's facility. The expansion
includes increasing the size of the existing facility by 99,000 square feet to
accommodate additional warehouse space on Tract B, and a free standing
58,000 square foot pavilion on Tract D. The pavilion will contain multiple uses
including exhibits of literary works, museum type displays, designated areas for
book signing sessions and story telling rooms. In addition the pavilion would sell
Levenger's merchandise as offered in the catalog.
P&Z Staff Repod
Rezoning from LI and PCC to MIC for a Portion of Congress Park South
Page 2
Several different zoning categories were discussed to accommodate the
proposed unified development. At first it appeared that the most appropriate
zoning of the property would be PCC as originally zoned. However, limitations
contained in the PCC zoning district restrict the percentages of uses to the
extent that the project would not be feasible.
The Planning and Zoning Board recently recommended approval df a text
amendment to the MIC zone district to allow the wholesale, retail, storage and
distribution of home furnishings as a permitted use (September 18, 1995). This
change was related to another use (ABC Carpet). Through the review of the
Levenger's project it was noted that the development proposal could be better
accommodated under the MIC zoning following the approval of the above
mentioned text amendment.
The applicant now wishes to rezone Tracts B, C, and D of Congress Park South
to MIC in order to accommodate an expansion which is the action requested of
the Board.
The development proposal is to rezone a portion of Congress Park South (Tracts
B, C, and D) from PCC (Planned Commerce Center) and LI (Light Industrial) to
MIC (Mixed Industrial and Commercial). The rezoning will accommodate an
expansion to the Levenger's facility.
The applicant submitted a sketch plan that indicates a two phased expansion.
Currently, the existing Levenger's facility is located on Tract C. The first phase
involves the expansion of the existing facility to the south on Tract B to construct
an additional 99,000 square foot warehouse. The second phase involves the
construction of a free standing 58,000 square foot building on Tract D for a
multiple use building including retail/display area, offices, and warehouse.
i
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
P&Z Staff Report
Rezoning from LI and PCC to MIC for a Portion of Congress Park South
Page 3
approve or deny the development application. These findings relate
to the following four areas.
Future Land Use Map: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use
designation.
The current Future Land Use designation for the subject property is
Commerce. The requested zoning change is from PCC and LI to MIC.
The proposed zoning designation of MIC is consistent with the Commerce
Future Land Use 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.
Streets and Traffic:
With all rezoning requests, traffic information is required which addresses the
development of the property under reasonable intensity pursuant to the existing
and proposed rezoning. The existing and proposed zonings are of similar
intensity, therefore a potential increase in traffic is not anticipated to result from
the rezoning action itself.
Additional traffic information will be required with the site plan, which analyzes
peak hour demands, and turning movements. Based on that information, a
southbound right turn lane at the project entry may be required.
Water/Sewer:
The proposed development will accommodate uses of similar intensity to
currently approved uses and is anticipated to have similar water consumption
and sewer generation rates. While the ultimate square footage of the buildings
exceeds what was previously approved on this site, no water or sewer
concurrency concerns are noted.
With the construction of Tract A, a master water and sewer system was installed
for Congress Park South. With the development of Tracts B and D a portion of
that system will need to be retrofitted to accommodate the new proposal.
Parks and Recreation:
Park dedication requirements apply to residential uses and therefore do not
apply to the existing PCC and LI zoning districts or the proposed MIC zoning
district.
P&Z Staff Report
Rezoning from LI and PCC to MIC for a Podion of Congress Park South
Page 4
Solid Waste:
The zoning change is to a category of similar intensity and therefore is
anticipated to create similar solid waste generation. It is noted that the
accompanying sketch plan will exceed the previously approved square footage
for these tracts. Solid Waste Authority indicates in its annual report that the
established level of service standards for solid waste will be me'{' for all
developments which have been accounted for in their Comprehensive Plan. As
this proposal is currently reflected in the adopted' plan, concurrency will be met
for the proposed development of this parcel.
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.
Section 3.3.2 (Standards for Rezoninq Actions): The applicable
performance standards of Section 3.3.2 and other policies which apply are
as follows:
D) That the rezoning shall result in allowing land uses which are
deemed compatible with adjacent and nearby land uses both
existing and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse impacts
from the new use.
The property is bordered to the north by POC (Planned Office Center - Congress
Park North), to the east by the MIC (Mixed Industrial and Commercial), to the
south by PCC (Tract A of Congress Park South, and the maintenance facility for
the municipal golf course) and OSR (Open Space and Recreation - municipal
golf course), and the west by OSR (municipal golf course).
There are no compatibility concerns noted with the municipal golf course located
to the west and south of the subject property or the existing Levenger's facility
located ~'on Tract C. With the development of Tract D, compatibility with
Congress Park North should be enhanced with a landscape buffer that is to be
provided with the development of Tract D. With the rezoning, Tract A will
become non-conforming with.respect to certain aspects of the PCC regulations.
It would be appropriate with the Levenger's rezoning to initiate rezoning Tract A
to MIC (see discussion under Other Issues on Page 7 of this report). If Tract A is
not rezoned, Congress Park South will still function as a unified development,
and no compatibility concerns are noted.
P&Z Staff Repod
Rezoning from LI and PCC to MIC for a Portion of Congress Park South
Page 5
Section 2.4.5(D)(5) (Rezonin_q Findin_qs):
Pursuant to Section 2.4.5(D)(1) (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
si[e and/or neighborhood.
The applicant submitted a justification statement as a part of the rezoning
application. The statement indicates that the applicable reason is "b". The
justification statement is provided belows.
The current zoning is inappropriate because the LI district list the amount
of display and sales area of items processed on the premises to 2,500
square feet. Today because of a large significant public demand for
Levenger's products, there is a need to expand the warehouse distribution
facility and to go beyond the traditional mail order product delivery
approach.
The Levenger's Pavilion (Tract D) will be the home of an exciting new
concept, a place to exhibit literary works from famous writers, scientists,
scholars, etc. The exhibits will be in the form of museum type displays,
book signing sessions, and story telling areas. The exhibits will be
centered in a multiple-story court with surrounding retail areas displaying
Levengeds merchandise typically found in the catalogs.
All the ..uses being contemplated within the Levenger's expansion can be
accommodated within the MIC zone district with the recent change in language
allowing the sales of home furnishings as a permitted use. In addition, the MIC
zone district does not limit the uses based on square footage of the buildings or
land area, but will accommodate uses similar to those allowed under the current
PCC.
P&Z Staff Report
Rezoning from LI and PCC to MIC for a Portion of Congress Park South
Page 6
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and the following was found:
Conservation Policy B:2.5: Whenever new development or redevelopment
is proposed along a waterway, a canal, or an environmentally sensitive
area identified via Policy B-2.1, an area equivalent to at least 10% of the
total area of the development shall be set aside in an undisturbed state or
25% of native communities shall be retained pursuant to TCRPC Policy
10.2.2.2
As this development abuts the LWDD canal the above policy applies, however
the entire site, with the exception of a few areas along the canal, is in a
disturbed state. The sketch plan indicates that they will preserve to the greatest
extent the Baynan trees along the canal bank.
Conservation Policy A-1.1: The practice of monitoring groundwater
conditions through installation of monitoring wells shall be continued. In
addition, within zone 3 around the series 20 and eastern wellfields.
Provisions shall be made for data from these private monitoring wells to be
used in the City's on-going monitoring efforts.
Pursuant to the Wellfield Zone Protection Map, Tract B is located within Zone
#3. The County Wellfield Protection Ordinance, administered by the Department
of Environmental Protection (DEP), determines whether or not monitoring wells
are required for any property. An Affidavit of Notification is required to be
transmitted to DEP which identifies the materials that are stored on the site or
utilized in the processing aspect of the facility. The applicant will need to notify
DEP of this proposal. Installation of a monitoring well or written confirmation
from DEP that a well is not required will be attached as a condition of site plan
approval for this project. This policy also addressed LDR Section 3.3.4(A),
which requires assurance that provisions of the County Wellfield Protection
Ordinance shall be complied with.
Other Issues:
As mentioned earlier in this report, it is appropriate to initiate a rezoning from
PCC to MIC for Tract A, as the original PCC zoning is no longer applicable. The
remaining tract will be non-conforming with respect to required land area (10
acre minimum), perimeter landscape buffers, and the Light Industry component
will encompass more than 50% of the total land area within the remaining portion
of the PCC. Based on the latest available occupational license information, all
the uses in Tract A will be conforming under the MIC zoning.
P&Z Staff Repod
Rezoning from LI and PCC to MIC for a Portion of Congress Park South
Page 7
In addition, Tract E (the golf course maintenance facility) is zoned PCC. Golf
courses and their accessory uses are not a permitted use in the PCC zone
district. Therefore, it is also appropriate to initiate a rezoning of the maintenance
facility from PCC to OSR (Open Space and Recreation), thereby making it
conforming.
Compliance with Land Development Regulations: The proposed riSe is to
be in compliance with the Land Development Regulations.
Items identified in the Land Development Regulations shall
specifically be addressed by the body taking final action on a land
development application/request.
The applicant has submitted a Sketch Plan. While the submitted sketch plan is
not being formally considered at this time, the following comments are provided.
· The pavilion exceeds the height limitations in the MIC zone district.
· The allowable height of the light fixtures is 25', and 30' is proposed.
· Abandonment and replacement of the 59' Cross Access Easement located at
the southwest corner of Tract C, as necessary.
· Abandonment and replacement of modified utility easements as necessary.
· Provision of a Cross Access agreements between Tract A and B, and Tracts
A and D.
· Verification from owners of Tracts A, L-2 and R that the modifications to
those tracts are acceptable.
· Modifications to Tract R may either require a replat of the subject property, a
dedication by separate instrument, or changes to the site plan.
· Provision of existing and proposed topographic elevations.
· Provision of a Unity of Title for Tracts B, C, and D.
· On-site circulation information regarding the routing of trucks and vehicles to
insure the least amount of impact on the adjacent subdivision (Golf View
Condominium).
P&Z Staff Report
Rezoning from LI and PCC to MIC for a Portion of Congress Park South
Page 8
The rezoning is not in a geographic area requiring review by either the HPB
(Historic Preservation Board), DDA (Downtown Development Authority) or the
CRA (Community Redevelopment Agency).
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius
of the subject property.
Courtesy notices have been sent to:
· PROD
· United Property Owners
· Golf View Oondominiums
Letters of objection, if any, will be presented at the P & Z Bo~,rd meeting.
I
The proposed rezoning of a portion of Congress Park South (Tracts B, C and D)
from LI and PCC to MIC is requested to accommodate the future expansion of
the Levenger's Facility. Staff analyzed the appropriateness of the proposed
zoning against other possible zoning districts, and found that the MIC zone
district would accommodate a greater range of uses proposed by Levenger's.
The rezoning request is being accompanied by a development proposal to
accommodate a 99,000 square foot warehouse, and 58,000 square foot pavilion.
The pavilion' and contemplated uses cannot be accommodated under the current
PCC zone district. Staff recommends that the Board also initiate a rezoning of
the remaining PCC parcels, Tract A from PCC to MIC, and Tract E from PCC to
OSR; thereby, eliminating a non-conforming PCC and a use not allowed under
the PCC zone district.
A. Continue with direction.
B. Recommend rezoning of Tracts B, C, and D of Congress Park
South from PCC and LI to MIC, based on positive findings with
P&Z Staff Report
Rezoning from LI and PCC to MIC for a Podion of Congress Park South
Page 9
respect to Section 2.4.5(D)(1) (rezoning findings), Section 3.1.1,
and the performance standards of Section 3.3.2, and recommend a
City initiated rezoning of Tract E (the municipal golf course parcel)
from PCC to OSR, and Tract A of Congress Park South from PCC
to MIC.
C. Recommend denial of a rezoning Congress Park South, I~ased on
a failure to make positive findings.
By separate motions:
A. Recommend approval of the rezoning request for Congress Park South
Tracts B, C~ and D from PCC (Planned Commerce Center) and LI (Light
Industrial) to MIC (Mixed Industrial and Commercial), based upon positive
findings with respect to Section 3.1.1 (Required Findings) and Section 3.3.2
(Standards for Rezoning Actions) of the Land Development Regulations,
policies of the Comprehensive Plan, and Section 2.4.5(D)(5).
B. Initiated rezoning of Tract A of Congress Park South from PCC (Planned
Commerce Center) to MIC (Mixed Industrial and Commercial).
C. Initiated rezoning of Tract E of Congress Park South from PCC (Planned
Commerce Center) to OSR (Open Space and Recreation).
Attachments:
Location Map
Sketch Plan
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M~ ~ THE C:~ ~ ~L~Y
K, F~I~ ~KIK THE
~URE ~D U~ ~P ~StGNA-
IN ~E ~EHENSIVE
~R~ ~INTENAN~E BUILDING
MTE, ~ ~E PARTI~U~RLY J
~RIBED HEREIN, FR~ L~
~NSI~ RESIDENTIAL 0 S I
~ UNITS ~R ACRE TO *
I~ING TO PRKEED UN~
Si~E .FARING
~E~ F~ ~L ~LE
A ~NE~L-REELER
~g~, A ~VING C~USE, AND
EFFE~IVE ~TE, r ~ ~,
MI~ ~ THE Cl~ M
~CH, FL~I~ R~ING k
Vl~ ~F C~R~E, ~ ~E
P~TICU~R~Y
~REIN, F~ R-~ AND
~N S~ACE ~D NECR~T~N)
~Rl~ ~ID ~ND ~1~
E~Y ~TED ~ THE
M ~R R~ lEbEN
U~ G~RO ~D ~KE-
~ GL~ARD; AND MN~
~ A GENE~ ~ER
~USE, A ~VING C~U~,
EFFE~I~ ~TE.
LEGAL VERIFICATION FORM
FILE #: 95-192
PROJECT NAME: LEVENGER FACILITY REZONING
LEGAL DESCRIPTION:
Tracts B, C, D, L-l, L-3 and a portion of Tract R, Replat of Congress Park
South, according to the Plat thereof as recorded in Plat Book 71, pages 190 and
191 of the Public Records of Palm Beach County, Florida, being more
particularly described as follows:
Beginning at the southwest corner of said Tract B; thence N 00°09'26'' E,/along
the West boundary of said Tract B and along the West boundary of said Tract C,,
634.39 feetlthence N 00~42'04"W, along said west boundary of Tract C, 454.63/'
feet to the northwest corner of said Tract C; thence East, along th~ north
boundary of said Tract C 75.56 feet; thence S 4~' 00'00" E, 28.28 feet;/thence
East, 735.97 feet to the northeast corner of said Tract L-3 (the precedin~ three
courses described being coincident with said North boundary of Tract C)j/thence
South, along the East boundary of said Tract L-3, 94.35 feet to a Tpoint of
curvature;~hence southeasterly, along said East boundary and along the arc of a
tangent curve being concave easterly, having a radius of 1101.74 feet, a delta of
17"52'50", an arc distance of 343.82 feet;/thence S 25°24'08"W, along the
boundary of said Tract L-3,,a distance of 34.28 feet~thence S 68°41' 06"W, along
said boundary, 26.75 feet;Jthence S 54° 05' 32" W, 77.85 feet to the southeast
corner of said Tract L-1;]thence West, along the South boundary of said Tract L-
1, a distance of 52.78 feet to the southwest corner of said Tract L-1,/thence
North, along the west boundary of said Tract L-1 and its northerly prolongation,
97.00 feet;~thence west, along the South boundary of said Tract D and its
westerly prolongation, 343.73' feet to a point on the east boundary of said Tract
C~ thence Sputh, along said East boundary of said Tract C, 66.00 feet;~'thence S
21~ 59' 31"E,~long said East boundary 69.71 feet~tthence south, along said East
boundary and along the East boundary of said' Tract B, 498.25 feet to the
southeast corner, of said Tract B; thence S 53 40'36"W along the south boundary
of said Tract I~ 234.88 feet;Jthence North 00~ 39'28" W, along the boundary of
said Tract B, 123.90 feet;Jthence S 89"20'32"W,~along the South boundary of
said Tract B, 210.09 feet to the Point of Beginning(
SOURCE of Legal Description: SURVEY (copy in your office)
VERIFICATION REQUEST NEEDED BY: OCTOBER 20, 1995
LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND
READING:
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY:
LEGLEV