78-95 ORDINANCE NO. 78-95
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
"INDUSTRIAL", AND ESTABLISHING INITIAL ZONING OF I
(INDUSTRIAL) DISTRICT, FOR A 7.93 ACRE PARCEL OF LAND
LOCATED ON THE EAST SIDE OF CONGRESS AVENUE,
APPROXIMATELY 400 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 Industrial, and the establishment of an initial zoning
classification of I (Industrial) 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 Industrial,
and that the Zoning District Map of the City of Delray Beach, Florida,
dated April, 1994, reflect a zoning classification of I (Industrial)
District for the property hereinafter described.
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:
A parcel of land lying in Section 30, Township 46
South, Range 43 East, Palm Beach County, Florida,
more particularly described as follows:
Beginning at the intersection of the West
right-of-way line of the Seaboard Airline Railroad
with the East-West Quarter Section line of said
Section 30; thence South 89 degrees 13'16" West,
along said East-West Quarter Section line, a distance
of 393.01 feet to the intersection thereof with the
East right-of-way line of Congress Avenue (a 120.00
foot road right-of-way, as laid out and now in use);
thence North 00 degrees 27'17" West, along the East
right-of-way line of said Congress Avenue a distance
of 652.64 feet to the intersection thereof with the
southerly boundary of the Lake Worth Drainage
District; thence continuing North 00 degrees 27'17"
West along the East right-of-way line of said
Congress Avenue, a distance of 127.28 feet; thence
North 89 degrees 45'39" East, departing the East
right-of-way line of said Congress Avenue, continuing
along the southerly boundary of said Lake Worth
Drainage District, a distance of 155.73 feet; thence
North 50 degrees 24'56" East, continuing the
southerly boundary of said Lake Worth Drainage
District, a distance of 101.84 feet; thence North 58
degrees 41'41" East along the southerly boundary of
said Lake Worth Drainage District, a distance of
78.62 feet; thence North 01 degree 19'34" West,
departing the boundary of said Lake Worth Drainage
District, a distance of 229.44 feet; thence North 82
degrees 25'43" East, a distance of 95.00 feet to the
intersection thereof with the West right-of-way line
of said Seaboard Airline Railroad; thence South 00
degrees 27'17" East along the West right-of-way line
of said Seaboard Airline Railroad a distance of
1122.28 feet to the Point of Beginning.
The subject property is located on the east side of
Congress Avenue, approximately 400 feet south of
Germantown Road; containing 7.93 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 Industrial for the
subject property.
Section 3. That the City of Delray Beach elects to make
this small scale amendment by having only an adoption hearing,
pursuant to Florida Statutes Section 163.3187(1)(c)4.
Section 4, That 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 I (Industrial)
as defined by existing ordinances of the City of Delray Beach,
Florida.
- 2 - Ord. No. 78-95
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.
~ 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
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~9~..
AT,ST:
city C]~rk ~
First Reading November 21, 1995
Second Reading December 5, 1995
- 3 - Ord. No. 78-95
LINTON !
BOULEVARD
NAL
CANAL
I N SMALL SCALE FUTURE LAND USE MAP AMENDMENTS
~ A. - OFT*ICE DEPOT PARCEL B.- HARDRIVE*S WEST C.- HARDRIVE$ EAST
FROM OPEN SPACE fROM COUNTY INDUSTRIAL FROM COUNTY INDUSTRL,~.
I~Jem~O Of..l~lta£Nl TO TRANSITIONAL I0 CITY TRANSITIONAL TO CiTY INDUSTRIAL &
PROPOSED SITE OF* RELOCATED
ol'Y 0~' D~.,RAY EACH. Fl. COMMUNICATION TOWER
I I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~I
SUBJECT: A~ENDA ITEM # /0 ~- MEETING OF DECEMBER 5. 1995
SECOND READING &~PUBLIC HEARING FOR ORDINANCE NO. 78-95
(SMALL SCALE FLUM AMENDMENT/INITIAL ZONING FOR A
PORTION QF THE HARDRIVE$ SITE ON THE EAST SIDE OF
QQNGRESS AVENUE)
DATE: DECEMBER 1, 1995
This is second reading and public hearing for Ordinance No. 78-95
which provides for a small scale Future Land Use Map (FLUM)
amendment and establishment of initial zoning for a 7.93 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 east side
of Congress, approximately 400 feet south of Germantown Road.
The proposed land use designation is Industrial (from County
Industrial), with an initial zoning classification of I
(Industrial) District, to accommodate the industrial operation of
Hardrives.
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. 78-95 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:agmemol2
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: C R
'~~DEPART~ ZONING
FROM: '==~J~[Y A. COSTELLO
PLANNER
SUBJECT: MEETING OF NOVEMBER 21, 1995
SMALL-SCALE FUTURE LAND USE MAP AMENDMENT AND
INITIAL ZONING OF I (INDUSTRIAL) FOR HARDRIVES. INC.
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 Industrial and applying an initial City zoning
designation of I (Industrial) for Hardrives, Inc.
The subject property is located on the east side of South Congress
Avenue, approximately 400 feet south of Germantown Road.
BACKGROUND:
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 asphalt manufacturing, heavy
equipment storage, repair, and other operations necessary for road construction.
This Small-Scale Land Use Map amendment and initial zoning proposal involves
7.93 acres of the 11.79 acre parcel located on the east side of Congress
Avenue. The proposal is to change the Future Land Use Map designation for
the parcel from the County Land Use Map designation of "Industrial" to the City
Land Use Map designation of "industrial" and apply an initial zoning designation
City Commission Documentation
Meeting of November 21, 1995
Small-Scale FLUM Amendment and Initial Zoning of City I (Industrial) for Hardrives, Inc.
Page 2
of City I (Industrial). The amendment is being processed in conjunction with the
annexation of the entire property (27.76 acres). Additional background and an
analysis of the request is found in the attached Planning and Zoning Board Staff
Report.
PLANNING AND ZONING BOARD CONSIDERATION:
The proposal is scheduled for the Planning and Zoning Board meeting of
November 20, 1995. The Board's recommendation will be presented at the City
Commission meeting.
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance for the FLUM amendment and
initial zoning of l (Industrial) for Hardrives, Inc., setting a public hearing date of
December 5, 1995.
Attachments:
P & Z Staff Report and Documentation of November 20, 1995
Ordinance by Others
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: November 20, 1995
AGENDA ITEM: V.H.
ITEM: Small-Scale FLUM amendment from County Industrial to City
Industrial and initial City zoning of I (Industrial) for Hardrives, Inc.
located on the east side of Congress Avenue, approximately 400
feet south of Germantown Road.
Owner ............................................. George T. Elmore, Trustee
Applicant/Agent. ............................. Jeff Lis
Location .......................................... East $id~ of $. ¢on~m~ ^¥onuo,
400 feet south of Germantown
Road.
Existing Future Land Use Map ....... Industrial - County
Proposed Future Land Use Map .... Industrial - City of Delray Beach
Current Zoning ............................... IL (Light Industrial) - County
Proposed Zoning ............................ I (Industrial) - City of Delray Beach
Adjacent Zoning ................... North: I and POC (Planned Office
Center)
East: CD (Conservation)
South: IL (Light Industrial) - County
West: CliO (Commercial High Intensity)
- County. In the process of being
annexed with the City POC
(Planned Office Center) z°ning .~ ~ [ RII
designation.
Existing Land Use ......................... Existing roadway construction
company with concrete and
asphalt manufacturing facilities'
and associated equipment storage
and repair facilities.
Proposed Land Use ....................... Same as existing.
Water Service ................................. Existing on-site
Sewer Service ................................ Existing septic system
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 "Industrial" along with an initial
zoning of City l (Industrial).
The subject property is located on the east side of South Congress
Avenue, approximately 400 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
7.93 acres of the 11.79 acre parcel located on the east 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 7.93 acre
parcel from the County Land Use Map designation of "Industrial" to a City Land
Use Map designation of"lndustrial". An initial zoning designation of I (Industrial)
is being sought simultaneously.
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:
P & Z Board Staff Report
Small-Scale FLUM Amendment from County Industrial to City Industrial and Applying Intial City
Zoning of I (Industrial)
Page 2
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;
E! 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 7.93 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. 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 within the last year.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and no applicable objectives and policies were found.
LAND USE ANALYSIS:
FUTURE LAND USE MAP: Pursuant to Land Development Regulations
Section 3.1.1(A) (Future Land Use Map), all land uses and resulting
structures must be allowed in the zoning district within which the land is
situated and, said zoning must be consistent with the land use designation
as shown on the Future Land Use Map.
The subject property has a County land use designation of Industrial and County
zoning designation of IL (Light Industrial). In conjunction with the Future Land
Use Map amendment to City Industrial, a rezoning to City Industrial (I) is being
sought. Pursuant to LDR Section 4.4.20, within the I zone district, the existing
uses of concrete and asphalt manufacturing, heavy equipment storage and
repair, and other operations necessary for road construction are allowed as
permitted and conditional 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.
P & Z Board Staff Report
Small-Scale FLUM Amendment from County Industrial to City Industrial and Applying Intial City
Zoning of I (Industrial)
Page 3
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 Industrial land use designation there are no concurrency
concerns relating to the actual application of the Industrial land use designation.
Concurrency findings with respect to future improvements will be made at the
time of development review.
Land Use Compatibility_:
As described in the Future Land Use Element of the Comprehensive Plan, the
Industrial Land Use designation accommodates manufacturing, fabrication,
assembly and warehousing. It is applied to land which currently has such uses
and which is located in an area which should continue to be used for industrial
purposes. It is also applied to those areas of the community which are best
suited, because of their location, to accommodate industrial uses. Residential
and general commercial uses are not appropriate on land designated as
industrial.
The land use designations to the north are Industrial and Transitional. These
properties are zoned I (Industrial) and POC (Planned Office Center). The
existing land uses are an industrial building (Lang Management, Inc.) and a
vacant office building formerly occupied by IBM. The property to the south has
an Industrial land use and zoning designation, and is part of the Hardrives
property included in the annexation request. To the west of the site is bordered
by the Transitional land use designation which represents the balance of the
accompanying annexation request. A portion of the property is to be annexed
with the POC zoning designation to accommodate a proposed 215,000 sq.ft.
office building. The property is bordered to the east by Seaboard Coastline
Railroad and 1-95.
The FLUM amendment involves the application of the City's advisory designation
of Industrial, which is consistent with the current use of the property.
Compatibility with the surrounding office and industrial uses is not a concern as
the properties have co-existed for many years.
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
P & Z Board Staff Report
Small-Scale FLUM Amendment from County Industrial to City Industrial and Applying Intial City
Zoning of I (Industrial)
Page 4
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.
Consistency with the Future Land Use Map, Concurrency, and
Comprehensive Plan Consistency were discussed in the Future Land use
Analysis portion of this report. Compliance with the Land Development
Regulations, (Standards for Rezoning Actions, Rezoning Findings) are
discussed below.
CONSISTENCY: Compliance with the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required
findings in Section 2.4.5(0)(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, office to
the west, the Seaboard Coastline railroad and 1-95 to the east, and
industrial to the south. The subject property is in an area that is
appropriate for industrial uses. Compatibility with the surrounding
properties is not a concern.
P & Z Board Staff Report
Small-Scale FLUM Amendment from County Industrial to City Industrial and Applying Intial City
Zoning of I (Industrial)
Page 5
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.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 appro_~riate 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:
A site inspection of the development was conducted and revealed a number of
code deficiencies. As part of this proposal the development must comply with
the minimum perimeter landscape code requirements of 1993. Staff will work
with Hardrives to achieve compliance. Any future development must comply
with the City's Land Development Regulations.
This proposal is not in the geographical area which requires review by the
Downtown Development Authority, Community Redevelopment Agency, or the
Historic Preservation Board.
IPARC Notice:
Notice of the Land Use Map Amendment was also provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to
adjacent municipalities. Special correspondences were also provided to the City
of Boca Raton and Palm Beach County Planning Departments. To date, a
response has not been received.
P & Z Board Staff Report
Small-Scale FLUM Amendment from County Industrial to City Industrial and Applying Intial City
Zoning of I (Industrial)
Page 6
Special Courtesy and Public Notices:
Courtesy notices were provided to the following homeowner's associations and
civic organizations:
Andover Oakmont Association
Crosswinds Pines of Delray
Crosswinds Single Family Section Pines of Delray East
Crosswinds Master Association Pines of Delray West
Eastwinds at Crosswinds Progressive Residents of Delray(PROD)
Southwinds of Crosswinds Sabal Pine Condominium East, Inc.
Foxe Chase Sabal Pine East Association
Delray Property Owners Sabal Pine South Association
Minto Builders Florida, Inc. (Spring Landing)
Formal public notice has been provided to property owners within a 500 ft. radius
of the subject property. Any letters of objection or support, if any, will be
presented at the Planning and Zoning Board meeting.
The Future Land Use Map Amendment from County "Industrial" to City
"Industrial" is consistent with the policies of the Comprehensive plan and
Chapter 3 of the Land Development Regulations. The proposed Future Land
Use Plan Amendment is consistent with the existing use of the property and the
proposed initial zoning of I (Industrial). 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 "Industrial", and the initial zoning of City I
(Industrial) 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 "Industrial" and the initial zoning request of City I
(Industrial) with reasons stated.
P & Z Board Staff Report
Small-Scale FLUM Amendment from County Industrial to City Industrial and Applying Intial City
Zoning of I (Industrial)
Page 7
Recommend to the City Commission approval of the Small-Scale Future Land
Use Map amendment from County "Industrial" to City "Industrial" and the initial
zoning designation of I (Industrial) 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:
Location Map (Parcel C)
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
7.93 acre parcel of land located on the east side of Congress
Avenue, approximately 400 feet south of Germantown Road.
The proposal involves a Small Scale Future Land Use Map
amendment FROM County "Industrial" TO City "Industrial".
The City Commission will conduct a pUblic Hearing on
TUESDAY, DECEMBER 5, 1995, AT 7:00 P.M. (or at an),,
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. 78-95
AND ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CHANGING THE
FUTURE LAND USE MAP DESIGNATION FROM COUNTY
"INDUSTRIAL" TO CITY "INDUSTRIAL", AND
ESTABLISHING INITIAL ZONING .OF ] (INDUSTRIAL)
DISTRICT, FOR A 7.93 ACRE PARCEL OF LAND LOCATED
ON THE EAST SIDE OF CONGRESS AVENUE,
APPROXIMATELY 400 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 Jeff Costello at the Planning ~lnd
Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray
Beach, Florida 33~.~?. (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 MA'I-rER CONSIDERED AT THIS
HEARING, SUCH PERSON WILL NEED A RECORD OF
THESE PROCEEDINGS, AND FOR THIS PURPOSE MAY
NEED TO ENSURE THATAVERBATIM 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: November 27, 1995
The News
Boca Raton/Delray Beach
Adff721097
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 7.93
acre parcel of land located on the east side of Congress Avenue,
approximately 400 feet south of south of Germantown Road. The
proposal involves a Small Scale Future Land Use Map amendment
FROM County "Industrial" TO City "Industrial''.
The City Commission will conduct a Public Hearing on ~
DECEMBER 5. 1995. ~T 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. 78-95
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
"INDUSTRIAL", AND ESTABLISHING INITIAL ZONING OF I
(INDUSTRIAL) DISTRICT, FOR A 7.93 ACRE PARCEL OF LAND
LOCATED ON THE EAST SIDE OF CONGRESS AVENUE,
APPROXIMATELY 400 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
Jeff Costello at the Planning and Zoning Department, City Hall,
~00 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, ~995 Alison MacGregor Harry
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 DELRA¥ BEACH, FLORIDA NOTICE OF LAND USE CHANGE] must be an
18 point bold headline. Thank you. .
-,,--,d 1uu ,Im,,,-,
v,o,.G ^ GE.E'~L "EPL~.ER
C~t~E~ A ~AVING ~.AU~.~ K ~ ..
MINION OF ~E C~ ~ ~Y
~! O0 SEACH, F~J~ ~N~ ~.
.l~w~um~ TICLE ~ ~ER~Y AND E~k
~NT~ ~G~ ~
~1~, ~ THE ~D ~ ~: ~r 25'1
~NT REGU~TI~S ~ ~ CI~
NoU~
'~' TIC A~NUE ~R~Y DIURIl;
PROVIDING A GENERAL
~ (w d ~ ~i~ d ~ MISSION ~ THE Cl~ ~ ~L~Y
~ ~ N.W. ~ A~, ~iy ~E ~ND ~LO~ENT REG~
~ P~, ~ ~h fi~ ~ C~ ~TI~S ~ THE Cl~ ~
W Mil ~ ~ ~ I~CH, ~Y ~1~ THE ~$T AT ....
~ TM ~ ~diw ~ M ~IC A~NUE ~R~Y
~ ~ ~ M~ M ~ ~ TRI~ WITHIN THE
~ ~ C~ ~11, ~ N.W. ~ A~ ~RCI~ (~) ~1~ DI~
~ ~r~ ~, F~ ~ ~1~ ~ AN ~ IN ~ICH THE
~ ~ F~y, ~ ~ THE PAYMENT OF A FEE IN LIEU
~ NI ~ ~m ~ ~ ~ ~iDING REQUIRED P~K-
~ ~ M ~ ~ M I~; ~IDI~ A GENE~
m~~. ~ER C~U~, A ~W~
~DI~NCE OF THE CI~ ~ '~~ * ~ ~ ~' ~1~ ~1~ THE
MINION ~ THE CI~ ~ DEL~Y ', . '~ ~ ~ ~EHENSI~
~, F~R~ ~ENOING SEC- ~ ~NA~E ~ ~ C~ ~
T~ 4,~ ~N SPACE (~) DI~ MI~I~ ~ THE CI~ ~ DEL~Y , ~ ~IDE AT ~RE ~L-
~K~, ~BSECTION ~(C) ~CH, FL~I~ R~IK CER* ~ ; ~Y ~F~ ~), ~ ~E
~RY USES AND ~RUC- TAIN PARCE~ ~ ~D, ~ ~E
~RE~ A~L~E~, OF THE ~ND 'PARTICU~LY ~RIBED
~ELOPMENT REGU~TIONS OF HERE~, FR~ ~ {~NERAL *
~E C)~ ~ ~LRAY B~CH, BY ~ERC~) TO R-~ (~ING~
~ING ~EACH ~BANA CONCE~ F~]LY RESI~NT~AL) DISTRf~,
~, UNDER C~TRA~ WITH FR~ ~ (GENE~L ~ER.
~ C1~. L~ITED TO THE RENT.Cl~) ~ ~ ~DI~ ~
A
~ C~IRS, ~BREL~S, ~ RES~NTI~) DISTRI~, FR~ ;~NE~ ~E~R ~E, A
~, AND ~E ~R~, ~ R.I~ (~INGLE F~ILY RE$~ * ~:* ~V~ ~ ~D ~ EFFEC.
~ ACCE~RY USE; ~OVIDtNG TI~ TO ~ (~NE~L ~R-
GENERAL REP~LER C~USE, CIAL) DISTRI~, FR~ ~
~VING C~USE, AND AN EF. ~D~UM ~NSITY RESI~NTi~)
~IVE ~TE. TO GC iGENEGL C~ERCI~)
' DiSTRiCT; A~D FR~ K
~~ (GENERAL ~ERCIAL) ~ ~
(O~N SPACE) DISTRICT; ~ ~ ; ~ F~I~ ~NOING ~C*
~DINAN~ ~ THE Cf~ C~ R~/RED TO ~PL~E~ ~E 'T~
MI~tON OF THE CI~ ~ ~LRAY~ST AT~NT~C AVENUE RE~. ~) ~$TRI~, ~ ~E ~D
~CH, FLORIDA, A~ING C~ VELOP~ P~N ~RSUANT TO -~L~ENT R~U~Ti~S
~HEHSfVE P~N ~EN~ENT F~URE ~ND ~ ELINT ~ ~ C(~ ~ ~L~Y I~CH, TO
~ ~RSUANT TO THE PROVI- ~l~ W M THE~EflE~ · 6~ ~LT~MILY ~1~
$1~S OF THE ~A~ ~VERN. SIVE ~N; ~ID ~ND tEING ~'T~ ~LLI~ UN~ ~ A ~R.
MNT CMPR~HENSJVE P~N. GENE~Y L~TED ~ ~E
W~ AND ~ND ~VELO~ENT ~RTH AND ~H $1~S ~ AT- ~ ~ M~D ~ ~IN ~E ~D,
REGU~TION A~, F~IDA ~NTIC AVENUE, BE~EEN ~1~
~ATUTES $E~IONS ~.~1 ~ AVENUE AND INTER.
~ROUGH W~, INCLUSIVE; ~ATE~; AND MENDING
~ ~ ~,ORE PARTICU~RLY ~. ~ING ~P ~ ~L~Y B~CH, ~RE ~T M N.E. ~H AVENUE;
K~IBED IN EXHIBIT 'A' ENTI. FL~ID~ W; ~IDI~ ~ ~IDING F~ ~E ~EGU~
~D ~PREHENSIVE P~N GENER~ REPEALER C~E, A T~ THERe; ~IDI~ A
MNDMENT ~? AND INCOR~ ~VING ~USE, AND ~ EFFEC-
bTED HEREIN BY REFERENCE;TIVE~TE. ' ~VING ~ ~D AN EFFEC-
~OlNG A ~VING C~USE, A ~~
~NERAL REPEALER C~L *
~~ M~ION ~ THE Cl~ ~ ~L~Y
B~CH, FL~I~ ~GING THE ~ ~ ~ ~ M ~ ~,
~DI~ANCE ~ THE c~TY C~ F~URE ~ND USE ~P ~SIG~
MINION OF THE CI~ OF DELRAY TI~ FR~ ~ qN~STRI~'
~EACH, FLORID~ ~ENDING SEC- TO Cl~ ~NSITIONAL', AND E~ - :.~
TM ~,4(H)(~J(I), ~PECIAL TABLISHING INITIAL ZONING ~ W ~ WW ~ ~i~y
~I~ING SETBACKS,~ THE ~ (P~NNED ~FICE CENTER)
~D ~VELOPMENT REGU~- DISTRI~, FOR A L~ ACRE PAR-
T~S ~ THE CITY ~ ~L~Y ~L ~ ~D L~TED ~ THE F~ .
~CH, BY DE~I~ THE SPE- ~ SI~ ~ C~GRE~ A~-
C~ ~T~CK RECIPIENT NUE, APPROXI~TELY. I~ FEET ~ ~*' ~ ~ ~L~Y B~CK
~G WEST ATOmiC ~VENUG ~TH ~ GE~NT~N ROAD,
~ENDI~ FR~ ~1~ AVE. ~ ~E ~E tS ~E P~TIC~
~ TO ~E ~ INTERCHANGE; ~LY ~RI~ED flERGIN;
~IDING A GENE~L REPEL- ~ING ~ ~EED U~ER ~ '
~ ~ ~ P~N ~EN~E~S; AND
~Y BETH, F~I~ ~;
~DI~KE ~ THE CI~ ~ ~IDING A ~NE~
~ION OF THE CI~ OR ~L~Y C~USE, A ~VtNG ~U~, AND
~CH, F~RID~ ~ENDING SEC- AN EFFE~IVE ~TE.
~IGHT REGU~TI~S', ~ -
~ ~ND ~LOPMENT REG~ ~ ~DI~E ~ ~E C~ ~
~ ~TI~S OF THE CITY ~ DEL~Y~ION ~ THE CE~ ~ ~AY
J~C~, BY ~D~FYING THE ~Cfl, FLOR~ ~G~ THE
GNDARIES ~ THE G~PH. ~TURE ~ND USE ~P ~SIGN~
~ ~L~G ~T~HTIC AVE- T~ F~ ~N~
~IGHT REGU~TIONS ~Y BE T~LI~ING INITI~ ~1~ ~ I
~OVED BY THE CITY ~1~ (IN~STRIAL) DIURIl, ~ A
~. PROViDInG A GENERAL ~E-1.~ ~RE PARCEL ~ ~D ~
~ER ~USE, A ~VING ~TED ~ THE ~T SIDE ~
~USE, ~D AN EFFECTIVE ~RE~ ~RUE,
-~TE. ~. ~TELY ~EET ~TH ~ ~R-
~~. .~'
~DINANCE ~ THE C~ C~ ~EED ~DER ~E
· ~.~CH, FLQRI~ ~ENDt~ SEC- ~ ~L ~E ~O USE
Cl~ ~) ~STRIC~, M THE M~ ~NG ~P M ~-
~S ~ THE C~ ~ ~LRAY VJDIK A ~NERAL ~ER
lEACH, BY I~OR~ATING ~E ~U~, A ~VING ~E, AND
~STRI~I~S AND ~VELO~ AN EFFECTIVE ~TE.
~NT ST~DARDS TO BE AP- '
~IED IN THE WEST AT~NTIC AV-
~TmU~ ~UED
LEGAL VERIFICATION FORM
FILE #: 96-021
PROJECT NAME: HARDRIVES FLUM (EAST SIDE OF CONGRESS)
LEGAL DESCRIPTION: - ~:~ ~~ ,
A parcel of land lying in Section 30, Township 46 South, Range 43
East, Palm Beach County, Florida, being more particularly
described as follows:
Beginning at the intersection of the West right-of-way line of the
Seaboard Airline Railroad with the East-West Quarter section line
of said Section 30; thence, South 89~ 13'16'' West, along said East-
West Quarter section line, a distance of 393.01 feet to the
intersection thereof with the East right-of-way line of Congress
Avenue (a 120.00 foot road right-of-way, as laid out and now in
use), thence, North, 00'27' 17" West, along the East right-of-way
line of said Congress Avenue a distance of 652.64 feet to the
intersection thereof with the southerly boundary of the Lake Worth
Drainage District; thence continuing North 00~27' 17" West along
the East right-of-way line of said Congress Avenue, a distance of
127.28 feet, thence North 8g~45'39'' East, departing the East right-
of-way line of said Congress Avenue, continuing along the
southerly boundary of said Lake Worth Drainage District, a
distance of 155.73 feet; thence North 50~24'56'' East, continuing
the southerly boundary of said Lake Wo~h Drainage District, a
distance of 101.84 feet; thence, North 58"41'41" East along the
southerly boundary of said Lake Worth Drainage District , a
distance of 78.62 feet; thence North 01~ 19'34" West, departing the
boundary of said Lake Worth Drainage District, a distance of
229.44 feet; thence North 82~25'43'' East, a distance of 95.00 feet
to the intersection thereof with the West right-of-way line of said
Seaboard Airline Railroad, thence South 00~27'17'' East along the
west right-of-way line of said Seaboard Airline Railroad a distance
of 1122..~~eet to the point of beginning.
SOURCE of Legal Description: SURVEY
VERIFIED BY:~;I~...,' DATE:
VERIFICATION REQUEST NEEDED BY: NOVEMBER 15, 1995
LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND
READING:
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY:
LEGHDE