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79-95 ORDINANCE NO. 79-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FOR A 3.01 ACRE PORTION OF LAKESIDE AT CENTRE DELRAY (OFFICE DEPOT), AS MORE PARTICULARLY DESCRIBED HEREIN, FROM OPEN SPACE TO TRANSITIONAL; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE MAP AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is designated on the Future Land Use Map (FLUM) in the Comprehensive Plan for the City of Delray Beach, Florida, as Open Space; and WHEREAS, on November 20, 1995, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this matter at public hearing and voted 6 to 0 to recommend that the FLUM designation be changed from Open Space to Transitional, based upon positive findings; and WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan be amended to reflect the FLUM designation of Transitional. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section ~, 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, and being a portion of the Plat of Lakeside at Centre Delray, as recorded in Plat Book 50, Page 195, Public Records of Palm Beach County, Florida, more particularly described as follows: Beginning at the Southwest corner of said Plat of Lakeside at Centre Delray; thence North 00 degrees 24'16" West along the West line of said plat (the west line of said plat is assumed to bear North 00 degrees 24'16" West and all other bearings stated herein are relative thereto) a distance of 444.76 feet to a point of intersection with the East-West Quarter Section line of said Section 30; thence North 01 degree 04'54" West along said plat line a distance of 409.68 feet; thence North 89 degrees 06'13" East a distance of 165.55 feet to a point on the common line of said Plat of Lakeside at Centre Delray and the Plat of The Terraces at Centre Delray, as recorded in Plat Book 45, Page 49, Public Records of Palm Beach County, Florida; thence South 01 degree 07'36" East along said common plat line a distance of 409.50 feet to a point of intersection with said East-West Quarter Section line; thence South 01 degree 11'15" East continuing along said common plat line a distance of 306.71 feet; thence South 50 degrees 11'51" West along the South line of said Plat of Lakeside at Centre Delray a distance of 220.06 feet to the Point of Beginning. The subject property is located on the south side of Germantown Road between S.W. 22nd Avenue and Congress Avenue; containing 3.01 acres, more or less. Section 2. That the Future Land Use Map designation for the subject property in the Comprehensive Plan is hereby changed from Open Space to Transitional. ~ 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. ~_~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5, 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 - 2 - Ord. No. 79-95 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 December , 1995. ATTEST: First Reading November 21, 1995 Second Reading December 5, 1995 - 3 - Ord. No. 79-95 .,.TO. I BOULEVARD NAL CANAL N SMALL SCALE FUTURE LAND USE MAP AMENDMENTS ~ A. - OFFICE DEPOT PARCEL ~!.- HARDRIVES WEST C.- HARDRNF. S EAST FROM OPEN SPACE FROM COUNTY INDUSTRIAL FROM COUNTY INOUSTRtAL ~I.AJ~IN~G I~PAI~IMrNT TO TRANSITIONAL TO CiTY TRANSITIONAL TO CiTY INDUSTRtAL A: PROPOSED SITE OF RELOCATED CZTY OI~ I~LRAY ~.AC3-1. ri. COMMUNICATION TOWER MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # /0 F - MEETING OF DECEMBER 5. 1995 SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 79-95 (SMALL SCALE FLUM AMENDMENT FOR OFFICE DEPOT) DATE: DECEMBER 1, 1995 This is second reading and public hearing for Ordinance No. 79-95 which changes the Future Land Use Map designation from Open Space to Transitional for a portion of the Lakeside at Centre Delray office development (Office Depot). The subject property is located on the south side of Germantown Road, between S.W. 22nd Avenue and Congress Avenue. It contains 3.01 acres. The affected property currently contains the drainage retention area for the overall site. The amendment is being processed to allow installation of additional parking for the surrounding and proposed office building developments. The drainage function will be accommodated via the installation of exfiltration trenches and direct outfall to the C-37 Canal located south of the parcel. 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 Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 79-95 on second and final reading, based on positive findings with respect to Chapter 3 of the Land Development Regulations and policies of the Comprehensive Plan. ref:agmemo22 CITY COMMISSION DOCUMENTATION TO: DAV, I.D T.~ARDEN, CITY MANAGER DEPARTMENT OF PLANNING AND ZONING FROM: PAUL DORLING, P IF~blCIPAL PLANNER SUBJECT: MEETING OF NOVEMBER 21, 1995 SMALL SCALE FUTURE LAND USE MAP AMENDMENT FROM OPEN SPACE TO TRANSITIONAL FOR 3.01 ACRES LOCATED ON THE SOUTH SIDE OF GERMANTOWN ROAD BETWEEN SW 22ND AVENUE AND CONGRESS AVENUE. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of ap_~roval on first reading of an ordinance changing the Future Land Use Map designation from Open Space to Transitional for a portion of the Lakeside at Centre Delray Office development. The subject property is located on the south side of Germantown Road between SW 22nd Avenue and Congress Avenue. BACKGROUND: The proposal is to change the Future Land Use Map designation for the 3.01 acre parcel from "Open Space" to "Transitional". The FLUM amendment involves a portion of the Lakeside at Centre Delray office development which contains the drainage retention area for the overall site. The amendment is being processed to allow installation of additional parking for the surrounding and proposed office building developments. The current drainage function will be accommodated via the installation of exfiltration trenches and direct outfall to the C- 37 canal located south of the parcel. For additional background and analysis, see attached staff report. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board will consider this item at its November 20, 1995 regular meeting. As the Board's recommendation is not available with the writing of this report the recommendation will be presented at the City Commission meeting. RECOMMENDED ACTION: By motion, approve on first reading the Small-Scale Future Land Use Map amendment from Open Space to Transitional based upon positive findings with respect to Chapter 3 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.I. ITEM: Small scale FLUM amendment from Open Space to Transitional for a 3.01 acre portion of Lakeside at Centre Delray (Office Depot), located on the south side of Germantown Road west of Congress Avenue. Jj._L\ J I I GENERAL DATA: ~_~~ Owner ............................................ Office Depot, Inc.~'-" Applicant/Agent ............................. Jeff Lis~~______~-~ - Location ......................................... On the south side of Germantown Road, west of Congress Avenue. ~ ~, Property Size ................................. 3.01 Acres Existing Future Land Use Map ...... Open Space Proposed Future Land Use Map... Transitional · Current Zoning ............................... POC (Planned Office Center) Adjacent Zoning ................... North: POC East: POC South: AR (Agricultural Residential) - PBC West: RM (Medium Density Residential) Existing Land Use .......................... Existing retention area associated with an existing office complex. Proposed Land Use ....................... FLUM amendment to accommodate additional parking. Water Service ................................ Existing on site: Sewer Service ............................... Existing on site. V,I. The item before the Board is that of making a recommendation on a privately initiated Small Scale Future Land Use Map Amendment from Open Space to Transitional. The subject property is located on the south side of Germantown Road between SW 22nd Avenue and Congress Avenue. The Small Scale Future Land Use Plan amendment involves 3.01 acres of the Lakeside at Centre Delray office development which occupies 12.24 acres. On January 24, 1994 via Ordinance 91-83 the 12.24 acre property was annexed, given a land use designation of PRD-10, SAD zoning, conditional use and site plan approval for two office buildings totaling 150,000 sq.ft. In March of 1985 the Lakeside at Centre Delray final plat was approved by City Commission. On January 21, 1985 a minor site plan modification was approved by Planning and Zoning Board which combined the building square footage into one building and modified the parking lot layout. It is noted that this modification created the water retention area which is now the subject of this amendment. In 1985/86 the building and associated parking were constructed. With the adoption of the Future Land Use Map in 1989 the parcel was given Transitional (9.23 acres) and Medium Density (3.01 acres - subject parcel) land use designations. On November 20, 1990 as part of Land Use Plan Amendment 90-1 the Future Land Use Map designation for the subject parcel (3.01 acres) was changed from Medium Density to Open Space. In October, 1990 with the Citywide rezonings associated with the adoption of the LDR's the entire 12.24 acres was given a POC (Planned Office Center) zoning designation. The proposal is to change the Future Land Use Map designation for the 3.01 acre parcel from "Open Space" to "Transitional". The FLUM amendment involves a portion of the Lakeside at Centre Delray office development which contains the drainage retention area for the overall site. The amendment is being processed to allow installation of additional parking for the surrounding and proposed office building developments. The current drainage function will be accommodated via the installation of exfiltration trenches and direct outfall to the C- 37 canal located south of the parcel. P&Z Staff Report FLUM Amendment for Office Depot Page 2 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 amendment (twice a year), subject to the following conditions: The amendment does not exceed either 10 acres of nonresidential land or 10 acres of residential land with a density of 10 units per acre or less; 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 3.01 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 no applicable objectives and policies were found. Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. P&Z Staff Report FLUM Amendment for Office Depot Page 3 Currently the subject property has a Future Land Use Map designation of "Open Space" and a zoning designation of POC (Planned Office Center). Comprehensive Plan amendment 90-1 changed the FLUM designation on this parcel from Medium Density to Open Space. This parcel was included with 22 others which were cited as having discrepancies between the FLUM map and the current uses which were discovered with the preparation of the zoning map. This particular parcel was noted as a dry retention area created as part of the Lakeside at Centre Delray Condominiums. The amendment indicated that rezonings to RM, in part, and OS in part would follow the FLUM amendment. Given the above it would appear that in 1990 there was some confusion with respect to the parcel's relationship with adjacent residential development. As the parcel is clearly part of the office development to the north the current FLUM designation appears to have been applied in error. The current land use designation of Open Space is inconsistent with the POC zoning district. As the POC zone district reflects the current use (office development) of the parcel it appears appropriate to change the Future Land Use Map designation to a designation consistent with POC. The proposed Transitional land use designation is consistent with the current zoning designation and the existing use. Pursuant to the LDR Section 4.4.15 (B), within the POC zone district, professional office uses and there associated parking is allowed as permitted uses. Based upon the above, a positive finding can be made with respect to consistency of the proposed Future Land Use Map designation and the existing POC zoning district. Land Use Compatibility_: 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 site is bordered by the Hardrives parcel which is currently vacant and being annexed with a Transitional land use and Planned Office Center zoning designation. To the east the site is bordered by office development with Transitional land use and Planned Office Center zoning designations. To the west the site is bordered by residential uses (Environment condominiums) having a Medium Density Future Land Use Map and a RM residential zoning designation. P&Z Staff Report FLUM Amendment for Office Depot Page 4 Compatibility with the adjacent office uses to the north, east and south is not a concern. Compatibility with residential uses to the west is of some concern and will require additional buffering with the development of the site. This buffering may include a combination of buffering mechanisms which include 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. 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. As the amendment is being processed to accommodate additional parking it does not represent an intensification of use. However, the proposed parking will eliminate a existing dry retention area which currently drains the balance of the site (9.23 acres). The applicant has indicated that drainage will be accommodated through the installation of additional exfiltration trenches and a direct outfall to the C-37 canal located to the south of the Hardrives parcel. With submittal of plans for future improvements concurrency findings with respect to drainage will be required. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The initial zoning will accommodate future development of the site with parking for office uses. The associated site development plan 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. Adjacent Municipality_ Notice Pursuant to the Intergovernmental Coordination Element of the City's Comprehensive Plan 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. P&Z Staff Report FLUM Amendment for Office Depot Page .5 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 Open Space to Transitional is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The existing land use designation appears to have been applied in error and is inconsistent with the current zoning of POC. The proposed Future Land Use Map amendment to Transitional is consistent with the proposed use of the property as well as the existing POC zoning designation. Compatibility concerns are noted with respect to the residential uses to the west and will need to be mitigated with the site development plan. A. Continue with direction. B. Recommend approval of the Future Land Use Map Amendment from Open Space to Transitional based upon positive findings with respect to Chapter 3 of the Land Development Regulations, and policies of the Comprehensive Plan. C. Recommend denial of the Future Land Use Map Amendment from Open Space to Transitional with reasons stated. Recommend to the City Commission approval of the Small-Scale Future Land Use Map amendment from Open Space to Transitional based upon positive findings with respect to Chapter 3 of the Land Development Regulations, and policies of the Comprehensive Plan. Attachment: E! Location Map This Staff Report prepared by: Paul Dorlin_a. Princi.Dal Planner LINTON BOULEVARD NAL CANAL N SMALL SCALE FUTURE LAND USE MAP AMENDMENTS ~ A. - OFFICE DEPOT PARCEL B.- HARDRNES WEST C.- HARDRIVES EAST FROM OPEN SPACE FROM COUNTY INDUSTRIAL FROM COUNTY INDUSTRIAL Pt,.~NNING I~PARTM£NT TO TRANSITIONAL TO CITY TRANSITIONAL TO CITY INDUSTRIAL &: PROPOSED SITE OF RELOCATED OTY OF' OE:LRAY ~(:ACH. FL COMMUNICATION TOWER LEGAL VERIFICATION FORM FILE #: 96-022 PROJECT NAME: OFFICE DEPOT FLUM LEGAL DESCRIPTION: A parcel of land lying in Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida, and being a portion of the Plat of Lakeside at Centre Delray, as recorded in Plat Book 50, Page 195, Public Records of Palm Beach County, Florida, more particularly described as follows: Beginning at the Southwest corner of said Plat of Lakeside at Centre Delray; thence North 00 24'16" West along the West Line of said plat (the west line of said plat is assumed to bear North 00 24'16" West and all other bearings stated herein are relative thereto) a distance of 444.76 feet to a point of intersection with the East-West quarter section line of said Section 30; thence North 01 04'54" West along said plat line a distance of 409.68 feet; thence North 89 06'13" East a distance of 165.55 feet to a point on the common line of said Plat of Lakeside at Centre Delray and the Plat of the Terraces at Centre Delray, as recorded in Plat Book 45, Page 49, Public Records of Palm Beach County, Florida; thence South 01 07'36" East along said common plat line a distance of 409.50 feet to a point of intersection with said East-West quarter section line; thence South 01 11'15" East continuing along said common plat line a distance of 306.71 feet; thence South 50 11'51" West along the South line of said Plat of Lakeside at Centre Delray a distance of 220.06 feet to the point of beginning. SOURCE of Legal Description: SURVEY VERIFIED BY.;'~~ 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: LEGOD C,,ITY OF DELRAY BEACHg FLORIDA NOTICE OF LAND USE CHANGE The City Commission of the City of Delray Beach,' Florida, will consider a proposed chan~e to the Future Land Use Map for a 3.01 acre portion of Lakeside at Centre Delray (Office Depot),. located on the south side of Germantown Road, between S.W. 22nd Avenue and Congress Avenue. The proposal involves a Small Scale Future Land Use Map amendment FROM Open .Space TO Transitional. . ~. The City Commission will conduct a Public Headng 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. 79-95 AND ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FOR A 3.01 ACRE PORTION OF LAKESIDE AT CENTRE DELRAY (OFFICE DEPOT), AS MORE PARTICULARLY DESCRIBED HEREIN,' FROM OPEN SPACE TO TRANSITIONAL; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; 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, Delray Beach, Florida 33444 (Phone 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO ES. 286.0105. CITY OF DELRAY BEACH Alison MacGregor Harty ....... City Clerk PUBLISH: November 27,' 1995 ' The News Boca Raton/Delray Beach Ad#721098 CITY QF 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 3.01 acre portion of Lakeside at Centre Delray (Office Depot), located on the south side of Germantown Road, between S.W. 22nd Avenue and Congress Avenue. The proposal involves a Small Scale Future Land Use Map amendment FROM Open Space TO 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. 79-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FOR A 3.01 ACRE PORTION OF LAKESIDE AT CENTRE DELRAY (OFFICE DEPOT), AS MORE PARTICULARLY DESCRIBED HEREIN, FROM OPEN SPACE TO TRANSITIONAL; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; 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, 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. TICLE U, ~ER~Y AND E~ TIC A~NUE ~R~Y ~OVIDING A GEN~AL ff~P~. ~LIC flEARtNG ~ ~ ~ m '~~ ~ ~ Fray, ~ M~ 'THE PAYMEN~ OF A FEE IN LIEU " ~ M THE Ci~ ~ ~LRAY MINION OF THE Cl~ ~ DEL~Y . ; '?~ tN ~ ~PREHENSI~ -T~ ~ ~PEN SPACE (~} DI~ M]~I~ ~ THE Cl~ ~ DE~Y , ~CE~RY USES AND STRUC- TAIg PAR~ ~ ~D, ~ ~RE ~ ~ ~T~LY ~RIBED ~E~ ALL~E~, OF THE ~D 'PARTICU~RLY ~RISED * ~(~REIN, FR~ ~N ~S TO REGU~TIONS OF HEREIN, FR~ ~ (GENE~L ~lTl~; ~ C~ OF ~L~Y 8~Cfl, IY ~ERCIAL) ~ R-~ (~I~LE i ~E~ ~ ~E ~NGLE ~ING ~EACH ~BANA C~CE~ FMILY RESI~NT~AL) DIURil, ~ -~ING ~ ~E~ SI~, UNDER C~TRA~ WITH FR~ ' ~ (GENE~L ~ER. ~ WLL K~ ~D U~ ~P ~ CITY, LIMITED TO THE RENT. C~) TO M MD)~ ~NS)~ M CHAIRS, UMBR~L~, ~ RESIDENTI~) DIURil, F~ =MNE~ REWR C~USE, A ~CE~Y USE; PROVIDING T~ TO ~ (GENE~ ~ER- GENERAL REPEALER C~USE, ClAL) DISTRI~, F~ ~ ~VING C~USE, AND AN EF- WD~UH ~NS~TY RESI~NTI~) FE~SVEDATE. TO ~ [GENEGk C~ERCI~J - · DISTRICT; AND FRM ~ ~M (GENERAL ~ERCIAL) ~ ~ (OPEN SPACE) DISTRI~; ~ ~ ~ ~ MI~I~ F~I~ ~ THE CI~MND]NG ~ ~LRAYsEc. ~DINANCE OF THE C1~ ~ RE~IRED TO ~PL~ ~E 'T~ ~q, ~ENT~ ~INE~ ~CH, FLORI~, ~PTING C~ VELOPMENT P~N ~RSUANT TO ~EHENSIVE P~g ~EN~ENT F~URE ~D U~E E~ENT . ~E CI~ ~ ~L~Y ~H, TO ~ ~RSUAUT TO THE PR~I. ~ICY ~ ~ THE ~EflE~ $~S OF THE %~AL ~VERN- SIVE ~N; ~lO ~ND ~NT C~PREHENSI~ P~N- GENE~LY ~TEO ~ THE UI~ AND ~ND ~VELO~NT ~RTH AND ~H SI~S ~ AT. :L~ ~D U~ ~ITHIN ~E ~D, REGU~TION A~, F~RIDA ~NTIC AVENUE, 8E~EEN ~1~ ~ITH A ~IM~ ~ATUTES ~f~S ~.~T T~ AVENUE AND INTER- ~ROUGH ~G, iNCLUSiVE; ~ATE~; ~D ~ENDING ~ ~ A~NUE AND ~ UNITS ~R ~ ~ ~ORE PARTICU~R~Y DE. ~ING ~P ~ ~L~Y B~CH, TLED ~PREHENSlVE ~N GENE~L REPE~R ~USE, A MN~ENT ~? AND INCOR~ ~Vl~ ~USE, AND d EFFEG ~TED HEREIN BY REFERENCE, TIVE DATE. * ~VING C~USE, ~D ~ ,EFFEC. ~ACH, FLORID~ ~ENDING ~C-TO C1~ ~NSITIONALe, AND E~ - ~UI~ING ~TBACK~. ~ T~E ~ (P~NNED ~FICE CENTER) ~O ~VELOPMENT REGU~. DISTRI~, FOR A L~ ACRE PAR* T~NS ~ THE CiTY ~ ~L~Y ~L ~ ~D ~TED ~ THE ~CH. BY DE~TI~ THE S~- ~ST S~ ~ ~GRE~ AVE- ~ S~CK RETIREMENT NUE, APPROXi~TELY. I~ FEET ~ ~ST AT~C AVENUE ~TH ~ GE~T~ R~D. .[ ~LUYI~CK ~E TO ~E ~ I~ERCHANGE; ~LY ~KmaEO HEREIN; .OVJD,*G A GE.ERAL RE~L- ~E~ING TO ~EEO UN~R C~USE, A ~VING ~USE, ~E SING~ g~el~ A~ION MD~ EFFE~I~ ~ ~ ~E P~N ~N~E~S; AND ~Y ~EACH, P~l~ ~; PRO ~DI~N~ ~ THE CI~ ~ HIDING A ~NE~ MI~ON OF THE CI~ OF ~L~Y C~USE, A ~NG ~ AND ~CH. F~DA ~E~D~G SEC- ~ EFFE~I~ ~T~ OF THE CITY ~ ~L~Y MI~ ~ THE C~ ~ ~AY I~CH, BY ~DIFYING THE I~CH, FL~I~ ~GIK THE GND~RIES ~ THE ~PH* F~URE ~ND USE ~P ~ AL~ AT~TIC AVE- 1~ F~ ~N~ ~EGU~TIONS ~Y BE TABLISHING I~IT~ ~1~ ~ I BY THE C)~ ~l~ ~IN~STRIAL) D~RI~, ~ A ~, PROVIDING A GENERAL RE- ?.fl ~RE PARCEL M ~D ~ ~ER ~USE, A ~VING ~TED ~ T~E WT ilDE ~ ~USE. ~D ~ EFFECTIVE ~R~ ~UE, ~DINANCE ~ THE CITY ~ ~EED UN~R ~E SINGLE ~ION 0P T~ CI~ ~ DELRAY HEARING A~ ~;r~CH, FL~I~ ~EKOING SEC- ~ ~LL ~ ~NO USE ~ ~I. ~EN~AL ~ER- ~ ~N~ENTS; AND ~S ~ THE CI~ ~ ~LRAY VIDING A ~NERAL ~ER ~ST~ICTS~S AND ~VELOK AN EFFECTIVE ~TE. MENT STANDARDS TO IE AP. ' ~IED IN THE ~ST AT~NTIC AV-',