77-95 ORDINANCE NO. 77-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION FROM COUNTY "INDUSTRIAL" TO CITY
"TRANSITIONAL", AND ESTABLISHING INITIAL ZONING OF
POC (PLANNED OFFICE CENTER) DISTRICT, FOR A 6.52 ACRE
PARCEL OF LAND LOCATED ON THE WEST SIDE OF CONGRESS
AVENUE, APPROXIMATELY 1,600 FEET SOUTH OF GERMANTOWN
ROAD, 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, at its meeting of November 20, 1995, the Planning
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 Future Land Use Map Amendment from County Industrial to
City Transitional, and the establishment of an initial zoning
classification of POC (Planned Office Center) District, based upon
positive findings; and
WHEREAS, it is appropriate that the Future Land Use Map in
the Comprehensive Plan reflect a land use designation of Transitional,
and that the Zoning District Map of the City of Delray Beach, Florida,
dated April, 1994, reflect a zoning classification of POC (Planned
Office Center) District for the property hereinafter described.
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:
A parcel of land lying in Section 30, Township 46
South, Range 43 East, Palm Beach County, Florida,
more particularly described as follows:
Commencing at the point of intersection of the
southeasterly line of the Plat of The Terraces at
Centre Delray, as recorded in Plat Book 45, Page 49,
Public Records of Palm Beach County, Florida, with
the West right-of-way line of Congress Avenue (a 120
ft. right-of-way) as shown on said plat; thence South
00 degrees 26'23" East along said right-of-way line
(the West right-of-way line of Congress Avenue is
assumed to bear South 00 degrees 26'23" East and all
other bearings stated herein are relative thereto) a
distance of 916.48 feet to the Point of Beginning of
the hereinafter described parcel; thence continuing
along said right-of-way line South 00 degrees 26'23"
East a distance of 117.08 feet; thence along the
easterly prolongation of the North line of the plat
of Sabal Pine Phase 2, as recorded in Plat Book 39,
Page 189, Public Records of Palm Beach County,
Florida, and along said North line South 89 degrees
03'43" West a distance of 1234.38 feet to the
southeast corner of the plat of The Environment, 1,
as recorded in Plat Book 43, Page 141, Public Records
of Palm Beach County, Florida; thence North 00
degrees 24'16" West along the East line of said plat
a distance of 31.76 feet to the southwest corner of
the plat of Lakeside at Centre Delray, as recorded in
Plat Book 50, Page 195, Public Records of Palm Beach
County, Florida; thence North 50 degrees 11'51" East
along the southeasterly line of said plat and the
southeasterly line of said plat of The Terraces at
Centre Delray a distance of 430.40 feet; thence North
0! degrees 09'15" West along the East line of said
plat of The Terraces at Centre Delray and the
northerly prolongation thereof a distance of 174.79
feet; thence North 89 degrees 02'27" East a distance
of 217.66 feet to a point on the southeasterly line
of said plat of The Terraces at Centre Delray; thence
North 50 degrees 11'51" East along the southeasterly
line of said plat a distance of 140.55 feet; thence
South 00 degrees 12'24" East a distance of 440.47
feet; thence North 89 degrees 47'36" East a distance
of 579.21 feet to the Point of Beginning.
The subject property is located on the west side of
Congress Avenue, approximately 1,600 feet south of
Germantown Road; containing 6.52 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 Transitional for the
subject property.
~ction 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.
- 2 - Ord. No. 77-95
Section 4. That Chapter Two of the Land Development
Regulations has been followed in the establishment of the zoning
classification in this ordinance and the tract of land hereinabove
described is hereby declared to be in Zoning District POC (Planned
Office Center) as defined by existing ordinances of the City of Delray
Beach, Florida.
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.
$~¢tion 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 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
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 5th day of Dece~~
citY v~14rk -
First Reading November 21, 1995
Second Reading December 5~ 1995
- 3 - Ord. No. 77-95
PC
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BOULEVARD
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POC
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REZONINGS
N PARCEL - A PARCFL - 8
~ FROM: COUNTY -AR- (AGRICULTURAl. RESIDENTIAL FROM: COUNTY -IL- (LIGHT INDUSTRIAL)
WITH SPECIAL EXCEPTION) AND -CHO- (INDUSTRIAL)
PI. ANNU~G OO=ARTMrNT (COMME~ROM. HIGH OFFIC{~ W~ SPEC [:XCEPTION) TO: CITY - I -
01~' OF DELRAY BEACH. Irk TO: CITY -POC- (PLANNED OFFICE CENTER)
II II II
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~ ~
SUBJECT: AGENDA ITEM ~ /0 D- MEETING OF DECEMBER 5. 1995
SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 77-99
(SMALL SCALE FLUM AMENDMENT/INITIAL ZONING FOR A PORTION
OF THE HARDRIVES SITE ON THE WEST SIDE OF CONGRESS
AVENUE ~
DATE: DECEMBER 1, !995
This is second reading and public hearing for Ordinance No. 77-95
which provides for a small scale Future Land Use Map3~(FLUM)
amendment and establishment of initial zoning for a 6.~3~"acre
portion of the Hardrives property. This action is being processed
concurrently with annexation of the entire Hardrives site (27.76
acres located on both the east and west sides of Congress Avenue).
The subject parcel is located on the west side of Congress,
approximately 1,600 feet south of Germantown Road. The proposed
land use designation is Transitional (from County Industrial), with
an initial zoning classification of POC (Planned Office Center), to
accommodate a proposed 200,000 sq.ft, office building.
The Planning and Zoning Board considered this item at public
hearing on November 20, 1995, and voted 6 to 0 to recommend that it
be approved. At first reading on November 21, 1995, the City
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 77-95 on second and final
reading, based upon positive findings with respect to Section
3.1.1, Section 3.3.2, and Section 2.4.5(D) of the Land Development
Regulations, and policies of the Comprehensive Plan.
ref:agmemoll
CITY COMMISSION DOCUMENTATION
TO: D~DEN, CITY MANAGER
THRU: [~I~OMIN~IRECTOR
DEPARTMENT OF-P/_ANNING AND ZONING
FROM: PAUL DORLING, PR~CIPAL PLANNER
SUBJECT: MEETING OF NOVEMBER 21, 1995
SMALL SCALE FUTURE LAND USE MAP AMENDMENT FROM
COUNTY INDUSTRIAL TO CITY TRANSITIONAL AND INITIAL
ZONING OF POC (PLANNED OFFICE CENTER) FOR 6.72
ACRES LOCATED ON THE WEST SIDE OF CONGRESS
AVENUE APPROXIMATELY 1,600 FEET SOUTH
OF GERMANTOWN ROAD.
ACTION REQUESTED OF THE COMMISSION:
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 County
"Industrial" to City "Transitional" for a portion of the Hardrives property and an
initial zoning of Planned Office Center.
The subject property is located on the west side of Congress Avenue
approximately 1,600 feet south of Germantown Road.
BACKGROUND:
This Small Scale Land Use Map amendment and initial zoning proposal involves
6.72 acres of the 15.53 acre Hardrives parcel located on the west side of
Congress Avenue. The amendment is being processed in conjunction with the
annexation of the entire 27.76 acre Hardrives property (east and west of
Congress Avenue) which is being processed simultaneously.
The proposed change is from a County Land Use Map designation of "Industrial"
to a City Land Use Map designation of "Transitional". An initial zoning
designation of POC (Planned Office Center) is being sought simultaneously.
The FLUM amendment and initial zoning involves a vacant western portion of the
site and is being proposed to accommodate a proposed 200,000 sq.ft, office
building. For additional background and analysis, see attached P&Z staff report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will consider this item at its November 20, 1995
regular meeting. The Board's recommendation was not available with the
writing of this report and will be presented at the City Commission meeting.
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance for the Small-Scale Future
Land Use Map amendment from County "Industrial" to City "Transitional" and
the initial zoning designation of Planned Office Center based upon positive
findings with respect to Section 3.1.1, Section 3.3.2, and Section 2.4.5(D) of the
Land Development Regulations, and policies of the Comprehensive Plan.
Attachments:
P&Z Staff Report
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: November 20, 1995
AGENDA ITEM: V.G.
ITEM: Small scale FLUM amendment from Palm Beach County Industrial
to Transitional and initial zoning of POC (Planned Office Center) for
a 6.72 acre portion of the Hardrives property, located on the west
side of Congress Avenue, south of Germantown Road.
GENERAL DATA:
Owner ................................................ George T. Elmore, Trustee
Applicant/Agent ................................. Jeff Lis
Location ............................................. On the west side of Congress
Avenue, south of Germantown
Road.
Property Size ..................................... 6.72 Acres
Existing Future Land Use Map ..........Industrial - PBC
Proposed Future Land Use Map ....... Transitional
Current County Zoning ...................... CliO (Commercial High Office)
and AR (Agricultural
Residential)
Proposed Zoning ............................... POC (Planned Office Center)
Adjacent Zoning ....................... North: POC
East: IL (Light Industrial) - PBC and
CHO - PBC
South: POC and RM (Medium Density
Residential)
West: RM
Existing Land Use ............................ Vacant.
Proposed Land Use ........................... Small scale FLUM amendment
from Industrial (PBC) to
Transitional to accommodate
construction of an office
building.
Water Service .................................... Existing 10" water main in
Congress Avenue.
Existing 10" water main serving
the Centre Delray (Office
Depot) site to the north of the
subject property.
Sewer Service ................................... Existing 8" sanitary sewer main
in Congress Avenue
connecting to lift station 35.
Existing 8" sanitary sewer main
serving the Centre Delray
(Office Depot) site to the north
of the subject property
connecting to lift station 35A.
The item before the Board is that of making a recommendation on
a privately initiated Small Scale Future Land Use Map Amendment
from County "Industrial" to City "Transitional" along with an initial
zoning of POC (Planned Office Center).
The subject property is located on the west side of Congress
Avenue approximately 1,600 feet south of Germantown Road.
The Hardrives site was developed in the county and consists of three parcels
with a total of 27.76 acres. One 15.53 acre parcel is located on the west side of
Congress Avenue and contains an office with electric and support room for the
three Radio towers (2 - 300' high and 1- 400' high). Two parcels (.44 acres and
11.79 acres) are located on the east side of Congress Avenue and contain the
Industrial operation of Hardrives which includes heavy equipment storage, repair,
and other operations necessary for road construction.
This Small Scale Land Use Map amendment and initial zoning proposal involves
6.72 acres of the 15.53 acre parcel located on the west side of Congress
Avenue. The amendment is being processed in conjunction with the annexation
of the entire property (27.76 acres) which is discussed in detail in an
accompanying staff report.
The proposal is to change the Future Land Use Map designation for a 6.72 acre
parcel from the County Land Use Map designation of "Industrial" to a City Land
Use Map designation of "Transitional". An initial zoning designation of POC
(Planned Office Center) is being sought simultaneously. The FLUM amendment
and initial zoning involves a vacant western portion of the site and is being
proposed to accommodate a proposed 200,000 sq.ft, office building.
This Future Land Use Map Amendment is being processed as a Small Scale
Amendment 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 amendments (twice a year),
subject to the following conditions:
Planning & Zoning Board Staff Report
Small Scale FLUM & Initial Zoning for Harddves (West Side)
Page ;~
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;
13 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 200 feet of property granted a change within a period of 12
months.
The land use map amendment involves a 6.72 acre area, thus the total area is
less than the 10 acre maximum for nonresidential land uses. This amendment
along with other small scale amendments processed this year will not exceed 60
acres (to date a total of 17.44 acres have been processed as small scale
amendments). 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 the following applicable objectives and policies were found.
Conservation Element Policy B-2.1: The submission of a biological
survey and a habitat analysis shall accompany land use requests for plan
amendments, rezonings, and site plan approvals. However, the
requirement shall not apply to small parcels, developed parcels, or where it
is apparent that there are not such resources.
Conservation Element Policy B-2.2: Whenever and wherever significant
or sensitive flora and fauna communities are identified pursuant to Policy
B-2.1, they shall be preserved as if they were environmentally sensitive
areas as identified in Objective B-1.
The applicant has submitted a tree survey which shows an oak hammock
area in the south western corner of the site. This area pursuant to the
above policies is to be saved. If the area is in conflict with proposed
improvements all efforts are to made to save the maximum amount of the
area and to relocate the balance of trees on site. In addition if the area is
not saved in its entirety a waiver from LDR Section 4.6.16(D)(2) will be
required from City Commission.
Planning & Zoning Board Staff Report
Small Scale FLUM & Initial Zoning for Harddves (VVest Side)
Page 3
Conservatiorl Element Policy B-2.5: Whenever new development or
redevelopment is proposed along a waterway, a canal, or 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 the Delray Oaks environmentally sensitive area the
above policy applies. A buffer area should be maintained along the
southern property line which mitigates impacts on the environmentally
sensitive area as well as adjacent residential properties. This buffer area
will also serve as mitigation relating to land use compatibility to the south
and west as discussed later in the report.
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 Transitional, a
rezoning to POC (Planned Office Center) is being sought. The FLUM
amendment and rezoning to POC are being processed concurrently to facilitate
construction of a future office development.
The proposed Transitional land use designation is consistent with POC (Planned
Office Center) zoning designation. The proposed office uses are permitted uses
in the POC (Planned Office Center) zoning district.
Land Use Com_~atibility:
As described in the Future Land Use Element of the Comprehensive Plan, the
Transitional Land Use designation is applied to land which is to be developed for
either residential or non residential uses. The designation provides for uses
which are not as intense as general commercial in areas where residential use is
not desirable and/or appropriate.
The adjacent property to the north has a Transitional Land Use designation, is
zoned Planned Office Center and contains office uses. To the south the
properties have a combination of Transitional and Medium Density residential
land use designations. These properties are zoned Planned Office Center and
Residential Medium and contain the Sabal Pine condominiums and the Delray
Oaks Hammock area (designated as an environmentally sensitive area). To the
east the site is bordered by a combination of Transitional and Industrial land use
Planning & Zoning Board Staff Report
Small Scale FLUM & Initial Zoning for Hardrives (West Side)
Page 4
designations which represent the balance of this site which is subject to and a
part of the accompanying annexation request. The balance of the site contains
uses associated with the radio tower operation and the industrial components of
the Hardrives operation. To the west the site is bordered by a combination of
Open Space (Office Depot retention area) and Medium Residential (Environment
condominiums). (Note: The Open Space designation is in the process of being
amended to a Transitional Land Use designation).
Compatibility with the adjacent office and industrial uses to the north and east is
not a concern. Compatibility with residential uses to the south and west is a
concern and will require additional buffering with the development of the site.
This buffering may include a combination of buffering mechanisms including
installation of a wall and / or heavy buffering with trees and hedges. With the
addition of adequate buffering a finding that the proposed Land Use Map
amendment to Transitional is consistent with the surrounding land use
designations and existing uses can be made.
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: 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 County land use designation of Industrial and has a
county zoning designation of Commercial High Office and Agricultural
Residential. The proposed Transitional Land Use designation and Planned
Office Center zoning designation are consistent with each other. Pursuant to the
LDR Section 4.4.15(B), within the POC zone district, the proposed professional
office uses 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.
Planning & Zoning Board Staff Report
Small Scale FLUM & Initial Zoning for Harddves (West Side)
Page 5
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 the 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. As the proposal represents
adoption of the advisory Transitional land use designation there are no
concurrency concerns relating to the application of the Transitional land use
designation. Concurrency findings with respect to future improvements will be
made at the time of development review.
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 with respect to the zoning
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 office and industrial to the north and east
and medium residential to the south and west. Compatibility with the
surrounding properties containing office and industrial uses is not a
concern. The medium density residential properties and Delray Oaks
Hammock area will required additional buffering which may include
installation of a wall, trees and hedging. With the installation of
appropriate buffering any adverse impacts on residential properties will be
properly mitigated.
Planning & Zoning Board Staff Report
Small Scale FLUM & Initial Zoning for Hardrives (West Side)
Page 6
Section 2.4.5(D)(5) (Rezonin_~ Findin_os):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of
Section 3.1.t, the City Commission must make a finding that the rezoning
fulfills one of the reasons for which the rezoning change is being sought.
These reasons include the following:
a. That the zoning had previously been changed, or was originally
established, in error;
b. That there has been a change in circumstances which make the
current zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property
based upon circumstances particular to the site and/or
neighborhood.
As the proposal is associated with annexation of the property and the application
of an initial city zoning category the above section is not applicable.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
The initial zoning will accommodate future development of the site with
professional office uses. The future development plans must meet all of the
requirements of the Land Development Regulations or receive appropriate relief.
A full site plan submittal is anticipated in the near future.
This proposal is not in the geographical area which requires review by the
Downtown Development Authority, Community Redevelopment Agency, or the
Historic Preservation Board.
Ad_iacent Munici_oality_ Notice
Pursuant to the Intergovernmental Coordination Element notice of the
development proposal has been provided to the City of Boca Raton and Palm
Beach County Planning Department. To date no objections have been
received.
Planning & Zoning Board Staff Report
Small Scale FLUM & Initial Zoning for Hardrives (West Side)
Page ?
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 County "Industrial" to City
"Transitional" 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 proposed use of the property and the
proposed initial zoning of POC (Planned Office Center). Given the above,
positive findings, can be made with Section 3.1.1, Section 3.3.2, and Section
2.4.5(D) of the Land Development Regulations, and policies of the
Comprehensive Plan.
A. Continue with direction.
B. Recommend approval of the Future Land Use Map Amendment from
County "Industrial" to City "Transitional", and the initial zoning of POC
(Planned Office Center) based upon positive findings with respect to
Section 3.1.1, Section 3.3.2, and Section 2.4.5(D) of the Land
Development Regulations, and policies of the Comprehensive Plan.
C. Recommend denial of the Future Land Use Map Amendment from County
"Industrial" to City "Transitional" and the initial zoning request to Planned
Office Center with reasons stated.
Recommend to the City Commission approval of the Small-Scale Future Land
Use Map amendment from County "Industrial" to City "Transitional" and the
initial zoning designation of Planned Office Center based upon positive findings
with respect to Section 3.1.1, Section 3.3.2, and Section 2.4.5(D) of the Land
Development Regulations, and policies of the Comprehensive Plan.
Attachment:
El Location Map
This Staff Report prepared by: Paul Dorling. Principal Planner
ORDINANCE NO. 77-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION FROM COUNTY "INDUSTRIAL" TO CITY
"TRANSITIONAL", AND ESTABLISHING INITIAL ZONING_~~~,~--
m.~ICRE
PARCEL OF LAND LOCATED ON THE WEST SIDE OF CONGRESS
AVENUE, APPROXIMATELY 1,600 FEET SOUTH OF GERMANTOWN
ROAD, 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, at its meeting of November 20, 1995, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, reviewed this item and voted to recommend
of a Small Scale Future Land Use Map Amendment from County Industrial
to City Transitional, and the establishment of an initial zoning
classification of POC (Planned Office Center) District, based upon
positive findings; and
WHEREAS, it is appropriate that the Future Land Use Map in
the Comprehensive Plan reflect a land use designation of Transitional,
and that the Zoning District Map of the City of Delray Beach, Florida,
dated April, 1994, reflect a zoning classification of POC (Planned
Office Center) District for the property hereinafter described.
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:
A parcel of land lying in Section 30, Township 46
South, Range 43 East, Palm Beach County, Florida,
more Particularly described as follows:
Commencing at the point of intersection of the
southeasterly line of the Plat of The Terraces at
Centre Delray, as recorded in Plat Book 45, Page 49,
Public Records of Palm Beach County, Florida, with
the West right-of-way line of Congress Avenue (a 120
ft. right-of-way) as shown on said plat; thence South
00 degrees 26'23" East along said right-of-way line
(the West right-of-way line of Congress Avenue is
assumed to bear South 00 degrees 26'23" East and all
other bearings stated herein are relative thereto) a
distance of 916 48 feet to the Point of Beginning of
the hereinafter described parcel; thence continuing
along said right-of-way line South 00 degrees 26'23"
East a distance of 117.08 feet; thence along the
easterly prolongation of the North line of the plat
of Sabal Pine Phase 2, as recorded in Plat Book 39,
Page 189, Public Records of Palm Beach County,
Florida, and along said North line South 89 degrees
03'43" West a distance of 1234.38 feet to the
southeast corner of the plat of The Environment, 1,
as recorded in Plat Book 43, Page 141, Public Records
of Palm Beach County, Florida; thence North 00
degrees 24'16" West along the East line of said plat
a distance of 31.76 feet to the southwest corner of
the plat of Lakeside at Centre Delray, as recorded in
Plat Book 50, Page 195, Public Records of Palm Beach
County, Florida; thence North 50 degrees 11'51" East
along the southeasterly line of said plat and the
southeasterly line of said plat of The Terraces at
Centre Delray a distance of 430.40 feet; thenc~ North
01 degrees 09'15" West along the East line of said
plat of The Terraces at Centre Delray and the
northerly prolongation thereof a distance of ~
feet; thence North 89 degrees ~J~,_East a distance
of~-~ feet' to a point on the sCaly line
Plat
of The Terraces at Centre Delray?~9~
_ _.~'North 50 degrees 11'51" East along the southeasterly
~'~ line of said plat a distance of ~T~ feet; thence
South 00 degrees 12'24" East a dista~e of 440.47
feet; thence North 89 degrees 47'36" Eas~ a distance
of 579.21 feet to the Point of Beginning. \~,
The subject property is located on the west side of
Congress Avenue, approximately 1,600 feet south of
Germantown Road; containing ~TT~ acres, more or less.
SectioD. 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 Transitional 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.
- 2 - Ord. No. 77-95
Section 4, That Chapter Two of the Land Development
Regulations has been followed in the establishment of the zoning
classification in this ordinance and the tract of land hereinabove
described is hereby declared to' be in Zoning District POC (Planned
Office Center) as defined by existing ordinances of the City of Delray
Beach, Florida.
~ 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 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
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 day of .. , 1995.
M A Y O R
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 77-95
Id 1OO ,~ ...._.
V,D,NG A GENE~ WEr.,~ER
C~AUSE, A SAVING CLAUS~ ~AND · ..
AN EFFECTIVE DATE. · ~ ~
All ORDINANCE OF ~ CITY ~
MISSION OF THE CTTY OF DELI)AY ~
1OO EEACH, FLORtDA' ~NDING AR. i *
:.~NT~ T~CLE ~, 'OVERLY AND ENVk
.IIg~NTAL MAgAGEMENT DIS.
~ICT~, O~ *mE LARD DEVEU~- ~i -' News, mber25 1995
BENT REGULATIONS OF THE CITY
· ~ DELRAY BEACH, SY ENACTING ~'. ~ .... ,
· I,,~181 Notices SECTioN U.L 'THE WEST ATLAN-
TIC AVENUE OVERLAY DISTRICt;
· PROVIDING k GENERAL REPEAL-
~BBIUIATNiuN,~RIDA ER CLAUSE, A SAVING CLAUSE,
~ OF ~ IIINUNG /dO AN EFFECTIVE DATE.
A tq,l~LtC HEARIK MIl be MM Iff
I P.M. an 'IUNI~Y~ kMMm K All ORDINANCE OF THE CITY COM.
· Sell (~' et ,my cantimmtio~ d such MISSIOR OF THE CITY OF DELEAY
~4lll~g wMc~ is est ~ the C~mmls. lEACH FLORIGL ~AENDING SEC-
~Mn), Iff the City Cammbsim Chain- TION 4aLI(E)('3), 'IN-LIEU FEEt, OF
kirk 1~ R.W, 1si AiK,~e, D~4rly THE LAND DEVELOPMENT REGU-
mmlde' Itek ilop. BEACH, IY ADDING THE WEST AT
IMII. TM ~ erdinances my be LANTIC AVENUE OVERLAY DIS- ~r.. , ~ ~
CMIt It CffY Hall 1~ N.W. I~1 Ave- COMMERCIAL (GC) ZONING DIS-
I~e, Oelrly Beach, FNrtda t~ TRICT AS AN AREA IN WHICH THE
INe ~ d S:~ a.m. la S:I(I p.m., CITY COMMissION MAY APPROVE
Mledly ~ Friday, ~ kiln THE PAYMENT OF A FEE IN LIEU
t,~ .z ~ ~ ,- ~.- o~ PRowDING REQU,RED PARK. ~ --
ti Mllml Iml be I~ ~ ~ le lNG; PROVIDING A GENERAL RE- ~' .~ 1~.I~41 /
IIi F~mld erdV4nces. PEALER Cl.&USE, A SAVING . '
CLAUSF. AND AN EFFECTIVE '~ All MIDHL~E OF THE CtTY COM.
~IIISS/IMI~.I'/41 DATE. MISSION OF THE CITY OF DELRAY
i leACH, FLORIDA, CHANGING THE
~ ORDINANCE OF THE CITY CO#. - :'~lllMMllll~.ve41 FUTURE LAND USE MAP DESIGNA.
AUSSION OF THE CITY OF DELRAY .:~ '~TION IN THE C~MPREHENSIVE
~rACH, FLORIDA, AMENDING SEC. AN ORDINANCE OF THE CITY COM. --*~ PLAN FO~ A ~ ACRE FORTIOR
· TION 4.L~2, ~OPEN SPACE (OS) DIS- MISSION OF THE CITY OF DELRAY ~ Mr LAKESIDE AT CENTRE DEL-
TRIC~, SUBSECTION 4~(C) lEACH, FLORIDA, REZONtNG CER. J , I~Y (OFFICE DEPOT), AS MORE
~ACCESSORY USES AND STRUC-TAlK PARCELS OF I,J~D, AS MORE :.~'/)ANTR."ULARLY DESCRIBED
TURES ALLOWED', OF THE LAND 'PARTICULARLY DEECRIEED ' i:MEREIN FROM MI~N M)ACE TO
DEVELOPMENT REGULATIONS OF HEREIN, FRO~ 6(: (GENERAL TRANSITIONAl.; ELECTING TO
THE CITY OF DELRAY BEACH, BY COMMERCIAL) TO R-I.A (SINGLE ' ~ ' ~l~/~.EED UNDER THE ~NGLE
ADOING 'BEACH CAEANA CONCES- FAMILY RESIDENTIAL) DLSTRICT, . ~-14EARING ADOPTION
SION, UNDER CONTRACT WITH FROM GC (GENERAL COMMER- FOR SMALL T~ALE LAND USE MAP
THE CITY, LIMITED TO THE RENT* CIAL) TO RAt (M~DIUM DENSITY
, , AMENDMENTS; PROVIDING
A
AL OF CHAIRS, UMBRELLAS, CA. RESIDENTIALJ DISTRICT, PRM . .-~EHERAL REPEALER CLAUSE, A
IANAS, AND BOOGIE BOARDS', AS R.I~ (SINGLE FAMILY RESIDEN-
~AVING CLAUSE, AND AN EFFEC-
AN ACCESSORY USE; PROVIDING TIAL) TO GC (GENERAL COMER- -- TIVE DATE.
A GENERAL REPEALER CLAUSE,CIAL) DISTRICT, FROM OM
A SAVING CLAU~, AND AN EF-(MEDIUM DENSITY 'RESIDENTIAL) i ~ IR&~
FECTIVE DATE. TO GC (GENEI~L C0W~ERCIAL)
' DISTRICT; AND FROM GC *,~ ORDINANCE OF THE CITY
~iBIMl~li~se41 COMMERCIAL) TO OS ~ -~ k SSION OF THE CITY OF DELRAY
(OPEN SPACE) DISTRICT; ALL AS ~ ~ ~CH, FLO~IDA~ AMENOiNG SEC.
AN DEDINANCE OF THE CITY COh~ REQUIRED TO ~PLEMENT THE ~ 'TlOfl ~.1~, ~ENTNAL RUSINESS
~ISSIDN OF THE C~TY OF DELRAY WEST ATLANTIC AVENUE REDE- ~C~D) DISTR~CT~, OF THE
FLORIDA, ADOPTING COf~ VELOPMENT PLAN PURSUANT TO ~ ~VELOP~ENT REGULATIORS OF
ffllEHENSIVE PLAN AMENDMENT FUTURE LAND USE ELE.MENT ~ . THE CITY OF DELRAY BEACH, TO
SS4 PURSUANT TO THE PROVI- F~LICT C~ OF THE CO~PREHEN- ' !,,tl),/,OW MULT(4:~AULY RE$1DEN-
$1ONS OF THE 'LOCAL GOVERN* $1VE Iq. AN; SAID LAND EEING
MENT COMPREHENSIVE PLAN- GENERALLY LOCATED ON THE ~ "riAL D'ff~LLING UN[TS AS A PER.
#lNG AND LAND DEVELOPMENT NORTH AND SOUTH SIDES OF AT- )~ MITTED US~ WITHIN THE C~D,
REGULATION AC'P, FLORIDA LANTIC AVENUE, DETWEEN SWIN- '- WITH A MAXIMUM DERSITY OF
S~CTIONS i~.314T TON AVENUE AND INTER- ~ UNITS PAR ACRE WEST OF g.E.
THROUGH 1~3.3~CI, INCLUSIVE; STATE4S; AND AMENDING 7TIL AVENUE AND I~ UNITS I~R
ALL AS A, ORE PARTICULARLY DE- e~ONING MAP OF DELRAY REACH, ACRE EAST OF N.E, 7TH AVENUE;
SCRIBED IN EXHIBIT CA' ENTI- FLORIDA, 1~4'; PROVIDING A ' PROVIDING FOR THE REGUL.A-
TLED 'COMPREHENSIVE PLAN GENERAL REPEALER CLAUSE, A . TION THEREOF; ~K)VIDING A
AMENDMENT fl-? AND INCORPO- SAVING CLAUSE, AND AN EFFEC- j GENERAL REPEALER CLAUSE, A
I~ATED HEREIN IV REFERENCE: TIVEDATE, ' SAVING CLAUSE, AND AN .EFFEG
..ViDiNGA ,V,NG CLAUSE,A i'"VEDATE,
GENERAL EEPEALER CLAUSE, ~ ~ be IW IMt N I Illrlen
ARDAN EFFECTIVE DATE. : AR ORDINANCE OF THE CITY COM- ,L:'- .-~Mi~; te ##il ~ dKislm ~
~BIISSJI~?~4~ THE CiTY OF DELRAY 1hi CRy C~mmNMMI MI~ rilNct
· FLORIDA,, CHANGING THE ~. ~ ~ C~ et this beari~,
( AN DEDINANCE OF THE CiTY COM- LAND USE MAP DESIGNA- 'lIch befl0n will need I ricord et
MISSION OF THE CiTY OF DELRAY FROM COUNTY 'iNDUSTRIAL' ~ ·" ~1~ and ~' W4 ~
BEACH, FLORIDA, AMENDING SEC- CITY 'TRANS,TIONAL', AND ES. ' :IIItlnl~
· TlOg 4J.4(H)(6)(i), ~PECIAL INITIAL ZONING OF
SETBACKS', OF THE POC IPLANNED OFFICE CENTER) { ~ml ~ ~ ~ldt g~ I1~
t,,A~D DEVELOPMENT EEGULA- DISTRICT, FOR A ~ ACRE PAR- i W be ~. TM CRy ~ mt
TIONS OF THE CITY OF ~ELRAY C~L OF LARD LOCATED ON THE ~ ~:f I1~ ~ ~:1~1. ~
BEACH, GY DELETING THE SPE- WEST SIDE OF CONGRESS AVE- F.S, IIL~
CL~L SETBACK REQUIREMENT HUE, APPROXIMATELY. 1.400 FEET ~ ~' ~TY OF DELRAY BEACH
ALONG WEST ATLANTIC AVENUEOF GFRMANTOWN ROAD, . ~,-~.
~EXTENDING FROM SWINTON AVE. THE SAME tS MORE PARTiCU-
~ TO THE 14S IhrrERCNANGE; DESCRIBED HEREIN; !
I~OVlDING A GENERAL REPEAL- TO P~OCEED UNDER ~
ER CLAUSE, A SAVING CLAUSE, SINGLE HEA~ING ADOPTION .o
AND AN EFFECTIVE DATE. ~ i PLAN AMENDMENTS; AND ~
EEACH, FLORIDA, W~4'; PRO-
AN ONDI~ OF THE CITY CON A GENERAL REPEALER
AUSS~ON OF THE CITY OF DELRAY CI.AUS~, AND
B~ACH, FLORIDA,, AMENDING SEC-
~ ~.~J}(4}, qNCREASE$ TO
NBIGHT REGULATIONS~, SUB-
PARAGRAPH 42.4U)i~){b~lt), OF
7HE LAND DEVELOPMENT REGU-~N ORDINANCE OF THE CITY
· J,,&TIONS OF THE CITY OF DELRAY MISSION OF THE CITY OF DELRAY
[ ~EACH, BY MODIFYING THE REACH, FLORIDA, CI~NGING THE
~OUNDARIES OF T#E GEOGRAPH- FUTURE LAND USE MAP DESIGNA-
lC AREA ALONG ATLANTIC AVE- TION FI~ COUNTY "INDUSTRIAL'
HUE IN WHICH INCREASES TO TO CITY "INDUSTRIAL', AND ES.
NEGULATIONS /AAY NE TARLISNING INITIAL ZONING OF I
· :~OVED EY THE CITY CO. IS* (INDUSTRIAL) DISTRICT, FOR A
~t0~, PROVIDING A GENERAL RE- 7.~J ACRE PARCEL OF ~.~,MD LO-
. Iq~..ERC~AUSE, A ~AVING CATED Og THE FAST SIDE OF
, ~LAUSE'AND AN EFFECTIVE ~GRESS .~VE#UE,
'"DATE. · 1RATELY 4~ JrEET ~OUTN OF GER.
· "' MANTOWN ROAD, AS THE SA/AE IS
~illMJ~lli~.~41 MORE ' PARTICULANLY DE.
''- . KKI~ED HEREIN; ELECTING TO
AN ORDINANCE Of: THE CITY CORA- PROCEED UNDER THE SINGLE
~* MISSION OF THE CITY OF DELRAY HEARSNG ADOPTION PROCESS
~'.~J, CH, FLORIDA, AMENDING SEC- FOR ridl~ALL SCAJ.E LAND USE
~ 4.4.1, 'GENERAL CGV, MER. PLAN ~IdENOMENTS; AND
CIAL /:GC} .DISTRICt~, OF THE AMENDING 'ZONING MAp OF DEL-
~.~AND DLrVELOI~AENT ~EGUL.A. NAy rgACH, PLORIDA. RI4'; PRO.
~I'IONS OF THE OTY OF DELRAYVIDING A GENERAL ~EPILILER
lEACH, GY INCORPORATING USE CLAUSE, A ~AVING CLAUSE, AND
IIESTRicTIONS AND DEVELOP- AN EFFECTIVE DATE.
'P KENT STANDARDS TO NE AP. ''
t ~IED IN TNE WEST ATLANTIC AV*
CONT~Nu£o .'~Y)NTINUE°
C -. mi 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
6.72 acre portion of the Hardrives property located on the west
side of Congress Avenue, approximately 1,600 feet south of
Germantown Road. The proposal involves a Small'Scale
Future Land Use Map amendment FROM County "Industrial"
TO City "Transitional".
The City Commission will conduct a Public Hearing on.
TUESDAY, DECEMBER 5, 1995~ AT 7:00 RM. (or at any
contihuation 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. 77-95
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CHANGING THE
FUTURE LAND USE MAP DESIGNATION FROM COUNTY
"INDUSTRIAL" TO CITY "TRANSITIONAL", AND
ESTABLISHING INITIAL ZONING OF POC (PLANNED
OFFICE CENTER) DISTRICT, FOR A 6.72 ACRE PARCEL
OF LAND LOCATED ON THE WEST SIDE OF CONGRESS
- AVENUE, APPROXIMATELY 1,600 FEET SOUTH OF
GERMANTOWN ROAD, 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. .
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 Paul Dorling at the Planning and
Zoning Department, City Hall, 100 N.W. 1st Avenue, Delrey
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 FS.
286.0105.
CITY OF DELRAY BEACH
Alison MacGregor Harty
City Clerk
PUBLISH:November 27, 1995
The News
Boca Raton/Delray Beach
Ad~721096
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 6.72
acre portion of the Hardrives property located on the west side
of Congress Avenue, approximately 1,600 feet south of Germantown
Road. The proposal involves a Small Scale Future Land Use Map
amendment FROM County "Industrial" TO City "Transitional".
The City Commission will conduct a Public Hearing on TUESDAY.
DECEMBER 5. 1995. 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. 77-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP
DESIGNATION FROM COUNTY "INDUSTRIAL" TO CITY
"TRANSITIONAL", AND ESTABLISHING INITIAL ZONING OF
POC (PLANNED OFFICE CENTER) DISTRICT, FOR A 6.72 ACRE
PARCEL OF LAND LOCATED ON THE WEST SIDE OF CONGRESS
AVENUE, APPROXIMATELY 1,600 FEET SOUTH OF GERMANTOWN
ROAD, 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.
Ail 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
Paul Dorling 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
November 27, 1995 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.
LEGAL VERIFICATION FORM
FILE #: 96-020
PROJECT NAME: HARDRIVES FLUM (WEST SIDE OF CONGRESS)
LEGAL DESCRIPTION:
DESCRiPTiON: OVERALL BOUNDARY
A pa~ce/ o~ land lying in Section 30, Township 46 South, Range 43 East, Palm Beach County,
Florida. more particularly described as ~ollows:
Commencing at the point o~ intersection o~ the southeasterly line o~ the plat o~ THE TERRACES
AT CENTRE- DELRAY, as recorded in Plat Book 45, Page 49, Public Records o~ Palm Beach
County, Florida, with the West right-o~-w~ line o~ Congress Avenue [a 120' right-of-way] as
shown on said p/at; thence South 00°26 23~ East along said right-o~Ewa~ line [the West
~ight-o~-way line o~ Congress Avenue is assumed to bear South 00'26 23 East and all other
bearings stated herein are relative thereto) a distance of 916.48 feet to the POINT OF BEGINNING
o¢ the hereinafter described parcel; thence continuing along said right-of-way line South
00°26'25" East a distance of 117.08 feet¢ thence along the easterly prolongation o¢ the North
line of the plat of SABLE PiNE PHASE 2, as recorded in Plat Book 39, Page 189, Public Records of
Palm Beach County, Florida, and along said North line South 89°03'43" West a distance o¢
1234.38 ¢eet to the southeast corner of the p/at of THE ENVIRONMENT, 1, as recorded in Plat
Book 43, Page 141, Public Records of Palm Beach County, Florida; thence North 00°24'16" West
along the East line of said p/at a distance of 31.76 feet to the southwest corner of the p/at of
LAKESIDE AT CENTRE' DELRAY, as recorded in Plat Book 50, Page 195, Public Records of Palm
Beach County, Florida¢ thence North 50'11'51" East along the southeasterly llne of said p/at and
the southeasterly line of said p/at of THE TERRACE5 AT CENTRE' DELRAY a distance o¢ 430.40
feet; thence North 01°09'15" West along the East line o~ said p/at of THE TERRACE5 AT
CENTRE' DELRAY and the northerly prolongation thereof a distance of 211.95 ~feet~ thence North
89°47'36" East a d!stance of 259,~1 feet to a ~oi~t on the southeasterly line of said plat o~ THE
TERRACE5 AT CENTRE DELRAY; thence North 50°11 51 East orang the southeasterly llne o~
said p/at a distance of 86.75 feet; thence 5outh 00°12'24" East a distance of 440.4~ feet;
thence North 89°47'36" East a distance o~ 579.21 feet to the POINT OF BEGINNING.
Containing in all 6.~2257 acres more or less.
Subject to restrictions, reservations, rights-of-way and easements of record.
SOURCE of Legal Description: SURVEY
VERIFICATION REQUEST NEEDED BY: NOVEMBER ~5, ~995
LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND
READING:
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY:
· - ,