86-94 ORDINANCE NO. 86-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN
THE GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING
LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE,
BETWEEN S.W. 1ST AVENUE AND S W 2ND AVENUE; AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated April,
1994, as being zoned CF (Community Facilities) District; and
WHEREAS, at its meeting of October 17, 1994, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, reviewed this item and voted unanimously to recommend approval
of the rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of GC (General Commercial)
District for the following described property:
Lots 3 and 4, Block 53, TOWN OF LINTON, according to
the Plat thereof on file in the Office of the Clerk
of the Circuit Court in and for Palm Beach County,
Florida, in Plat Book 1, Page 3. (The Town of Linton
is now known as Delray Beach), LESS that part of said
Lots conveyed to the State of Florida for
right-of-way of State Road No. 806 in Official
Records Book 1605, Page 228, of the Public Records of
Palm Beach County, Florida, being more particularly
described as follows: The North 20 feet of Lots 3
and 4, Block 53, according to the Plat of original
Town of Linton, as recorded in Plat Book 1, Page 3,
in the Public Records of Palm Beach County, Florida,
in Section 17, Township 46 South, Range 43 East, and
that part of said Lot 4, which is included in the
external area. formed by a 25 foot radius arc, which
is tangent to a line 20 feet South of and parallel to
the North line of said Lot 4, and tangent to the East
line of said Lot 4.
Lots 1 and 2, Block 53, TOWN OF LINTON, now known as
DELRAY BEACH, according to the Plat thereof as
recorded in Plat Book 1, Page 3, Public Records of
Palm Beach County, Florida, LESS the North 20 feet of
Lots 1 and 2, Block 53, according to the Plat of
ORIGINAL TOWN OF LINTON, as recorded in Plat Book
Page 3, Public Records of Palm Beach County, Florida,
in Section 17, Township 46 South, Range 43 East and
that part of said Lot 1, which is included in the
external area formed by a 25 foot radius arc, which
is tangent to a line 20 feet South of and parallel to
the North line of said Lot 1 and tangent to the West
line of said Lot.1.
The subject property is located on the south side of
West Atlantic Avenue, between S W 1st Avenue and
S W 2nd Avenue; containing 0 79 acres, more or less
~ That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
~_~ 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
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 15th day of Now 1994.
AT~EST: ~. .,
City ~erk
First Reading November 1, 1994
Second Reading November 15~ 1994
- 2 - Ord. No. 86-94
[lTV I)F i)ELAAV BERgH
CITY CLERK
, ~ o , . . ^ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407'.243-7000
Ali. America C~
1993
~ovember 17, 1994
Mr. Christopher J. Brown
Executive Director
Community Redevelopment Agency
207 East Atlantic Avenue
Delray Beach, FL 33444
Re: Ordinance No. 86-94 (Discount Auto Parts/Kwik Stop RezoniDg)
Dear Chris:
Enclosed for your file is a certified copy of Ordinance No. 86-94
which rezones the referenced property from CF (Community
Facilities) District to GC (General Commercial) District. This
ordinance was passed and adopted by the Delray Beach City
Commission in regular session on November 15, 1994.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Alison MacGregor Harry
City Clerk
AMH/m
Enclosure
cc: File
THE EFFORT ALWAYS MATTERS
Pnnted on Recycled Paper
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /~ - MEETING OF NOVEMBER 15, 1994
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO.
86-94/REZONING CRA-OWNED PROPERTY (KWIK STOP AND
DISCOUNT AUTO PARTS)
DATE: NOVEMBER 11, 1994
This is second reading for Ordinance No. 86-94 rezoning a 0.79
acre parcel of land from CF (Community Facilities) District to GC
(General Commercial) District. The property is located on the
south side of West Atlantic Avenue, between S.W. 1st and 2nd
Avenues (Kwik Stop and Discount Auto Parts). It is owned by the
Community Redevelopment Agency.
In 1990 this property was zoned CF in anticipation of the future
expansion of the South County Courthouse. However, in 1993 the
interlocal agreement with the County was amended to state that
they will not request transfer of the property prior to December
31, 2000. As it now stands, occupancy of this property is
limited by its current non-conforming status. The purpose of
this rezoning is to accommodate the existing commercial uses and
to provide flexibility to lease existing vacant space to a
variety of commercial uses which are allowed in the GC zone
district.
At its meeting of October 17, 1994, the Planning and Zoning Board
held a public hearing in conjunction with review of the rezoning
request. There was no public testimony opposing the request for
rezoning, and the Board voted unanimously to recommend approval.
At first reading on November 1, 1994, the City Commission passed
Ordinance No. 86-94 by unanimous vote.
Recommend approval of Ordinance No. 86-94 on second and final
reading, based on positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations,
policies of the Comprehensive Plan, and Section 2.4.5(D) (5), that
there has been a change in circumstances that make the existing
CF zoning inappropriate.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~'1
SUBJECT: AGENDA ITEM # /~D - MEETING OF NOVEMBER 1, 1994
FIRST READING FOR ORDINANCE NO. 86-94/REZONING CRA-
OWNED PROPERTY (KWIK STOP AND DISCOUNT AUTO PARTS)
DATE: OCTOBER 28, 1994
This is first reading for Ordinance No. 86-94 rezoning a 0.79
acre parcel of land from CF (Community Facilities) District to GC
(General Commercial) District. The property is located on the
south side of West Atlantic Avenue, between S.W. 1st and 2nd
Avenues (Kwik Stop and Discount Auto Parts). It is owned by the
Community Redevelopment Agency.
In 1990 this property was zoned CF in anticipation of the future
expansion of the South County Courthouse. However, in 1993 the
interlocal agreement with the County was amended to state that
they will not request transfer of the property prior to December
31, 2000. As it now stands, occupancy of this property is
limited by its current non-conforming status.
The purpose of this rezoning is to accommodate the existing
commercial uses and to provide flexibility to lease existing
vacant space to a variety of commercial uses which are allowed in
the GC zone district.
At its meeting of October 17, 1994, the Planning and Zoning Board
held a public hearing in conjunction with review of the rezoning
request. There was no public testimony opposing the request for
rezoning, and the Board voted unanimously to recommend approval.
Recommend approval of Ordinance No. 86-94 on first reading, based
on positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and Section 2.4.5(D) (5), that there has been
a change in circumstances that make the existing CF zoning
inappropriate. If passed, second reading and public hearing is
November 15, 1994.
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
F ROM: ~~~A~LLO
/~EN~DR PLANNER
SUBJECT: MEETING OF NOVEMBER 1, 1994
FIRST READING OF ORDINANCE NO. ~ -94 - REZONING OF
CRA OWNED PROPERTY ON THE SOUTH SIDE OF WEST ATLANTIC
AVENUE~ BETWEEN S.W. IST AVENUE AND $.W. 2ND AVENUE
FROM CF (COMMUNITY FACILITIES) TO GC (GENERAL
COMMERCIAL) (KWIK STOP & DISCOUNT AUTO PARTS).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance rezoning 0.79
acres of land from CF (Community Facilities) to GC (General
Commercial). The purpose of this rezoning is to
accommodate the existing commercial uses as well as provide
the flexibility to lease existing vacant space to a variety
of commercial uses which are allowed in the GC zone
district.
The affected properties are located on the south side of
West Atlantic Avenue, between S.W. 1st Avenue and S.W. 2nd
Avenue.
BACKGROUND:
With the Citywide rezoning and adoption of the City's Land
Development Regulations in 1990, the subject property was
rezoned from GC to CF, in anticipation of the future expansion
of the South County Courthouse (southwest corner of Atlantic
Avenue and S.W. 2nd Avenue). With the rezoning, the existing
retail and laundry uses became nonconforming. It is noted that
as the laundromat vacated the property in April, 1994, the
options for reoccupancy are limited by the nonconforming status.
In 1993, the interlocal agreement as it relates to the South
County Courthouse was amended to state that the County will not
request transfer of the property prior to December 31, 2000.
Thus, the buildings may remain vacant until 2002, with no
guarantee that the County will utilize the property. An
analysis of the request is found in the attached Planning and
Zoning Board Staff Report.
City Commission Documentation
Meeting of November 1, 1994
First Reading of Ordinance No. -94 - Rezoning CRA Owned Property
from CF to GC (Kwik Stop & Discount Auto Parts)
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of October 17, 1994, the Planning and Zoning
Board held a public hearing in conjunction with review of the
request. There was no public testimony regarding the proposed
rezoning. The Board voted 7-0 to recommend approval of the
rezoning request.
RECOMMENDED ACTION:
By motion, approval of Ordinance No. ~ -94 on First Reading and
setting a public hearing date of November 15th.
Attachment:
* Location/Zoning Map
* P & Z Staff Report and Documentation of October 17, 1994
* Copy of Ordinance No. -94
Y:CCCRA.DOC
PLANNING & ZCNING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE: October 17, 1994
AGENDA ITEM: V.F.
ITEM: P, ezoning from CF (Community Facilities) to GC (General Commercial)
for the Strip Commercial Center Located on the South Side of
West Atlantic Avenue.
,,, ,. ~ , i i ii~.~ i i i~LLI IH+! ~!.,I--
ATLANTIC A YEN U £
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1,1
· . ,
GENERAL DATA:
Owner/Applicant .......... City of Delray Beach Community
Redevelopment Agency
Location ................. South side of W. Atlantic Avenue,
between S.W. 1st Avenue and S.W.
2nd Avenue.
Property Size ............ 0.79 Acres
City Land Use Plan ....... Redevelopment Area #1
Current City Zoning ...... CF (Community Facilities)
Proposed City Zoning ..... GC (General Commercial)
Adjacent Zoning...North: CF
East: OSSHAD (Old School Square Historic
Arts District)
South: CF
West: CF
Existing Land. Use..' ...... An existing auto parts store and
a convenience store with a vacant
bay.
Proposed Land Use ........ Same as existing with potential
to lease vacant bay to commercial
uses.
Water Service ...... ...... Existing on-site
Sewer Service ............ Existing on-site V.F.
ITEM BEFORE THE BOARD =
The action before the Board is that of making a
recommendation on a rezoning request from CF
(Community Facilities) to GC (General Commercial) for
property owned by the Community Redevelopment Agency
(Kwik Stop & Discount Auto Parts), pursuant to Section
2.4.5(D).
The subject property is located on the south side of
West Atlantic Avenue, between S.W. 1st Avenue and S.W.
2nd Avenue.
BACKGROUND ~
The rezoning request incorporates Lots 1 - 4, Block 53, Town of
Linton, consisting of 0.79 acres. The existing convenience
store/vacant laundromat building on Lots i and 2 was constructed
in 1961. The existing automotive parts store on Lots 3 and 4
was constructed in 1979, with upgrades to the site occurring in
1990.
Pursuant to the interlocal agreement of 1986, between the City
of Delray Beach, the City's Community Redevelopment Agency (CRA)
and Palm Beach County, the CRA purchased Lots 1 and 2 in
October, 1987 (existing Kwik Stop & former Spee-Dee Laundromat)
and lots 3 and 4 (Discount Auto Parts) in July, 1988. Per the
agreement, the CRA was to transfer ownership of the subject
property to the County by 1996, to accommodate future expansion
of the courthouse (southwest corner of Atlantic Avenue and S.W.
2nd Avenue). With the Citywide rezoning and adoption of the
City's Land Development Regulations in 1990, the subject
property was rezoned from GC (General Commercial) to CF
(Community Facilities), in anticipation of that expansion. With
the rezoning, the existing retail and laundry uses became
nonconforming.
In 1993, the agreement was amended to state that the County will
not request transfer of the property prior to December 31, 2000.
The agreement further provides that if the County does not
request the property by December 31, 2002, the CRA may retain
ownership. It is noted that as the laundromat vacated the
property in April, 1994, the options for reoccupancy is limited
by the nonconforming status.
On September 9, 1994, an application was submitted to rezone the
subject property from CF to GC to accommodate existing and
proposed commercial uses. This rezoning request is now before
the Board for action.
PROJECT DESCRIPTION ~
The proposed rezoning from CF to GC is to accommodate the
existing commercial uses as well as provide the flexibility to
lease existing vacant space to a variety, of commercial uses
which are allowed in the GC zone district.
P & Z Board Sta~ Report
Rezoning from CF to GC for CRA Property -
Kwik Stop & Discount Auto Parts
Page 2
ZONING ANALYSIS:
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.
IFuture Land Use Map:l The use or structures must be allowed in
I
the zoning district and the zoning
district must be consistent with the land use designation.
The subject property has a Redevelopment Area #1 Land Use Map
designation and is currently zoned CF (Community Facilities).
The existing commercial uses (Kwik Stop, Discount Auto Parts)
are not allowed under the current CF zoning district. The
proposed zoning of GC (General Commercial) is consistent with
the future land use map designation. Pursuant to Section
4.4.9(B)(1) (Permitted Uses and Structures Allowed), the
existing commercial uses i.e. auto parts store and convenience
store are allowed as permitted uses. Based upon the above, a
positive finding can be made with respect to consistency with
the land use map designation.
Concurrency:I are provided by, or through,
Facilities
which
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 rezoning request to GC will accommodate the existing
commercial uses on the property, and is of similar intensity as
the uses allowed under the current CF zoning, the level of
service standards as they relate to Concurrency should not be
significantly affected. Therefore, Concurrency findings do not
need to be made.
iConsistency:I Compliance the performance standards set
with
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.
P & Z Board Sta~ Report
Rezoning from CF to GC for CRA Property -
Kwik Stop & Discount Auto Parts
Page 3
COMPREHENSIVE PLAN POLICIES
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and no applicable objectives or
policies were found.
Section 3.3.2 (Standards for Rezoning Actions): The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
(C) Additional strip commercial zoning on vacant properties
shall be avoided. This policy shall not preclude rezonings
on land that at the time of rezoning has improvements on
it. Where existing strip commercial areas or zoning exists
along an arterial street, consideration should be given to
increasing the depth of the commercial zoning in order to
provide for better project design.
If the rezoning is approved, the zoning of the properties
will have reverted back to GC which existed prior to
October, 1990, and is more appropriate given the existing
commercial use of the properties. It is noted that the
Discount Auto Parts site is designed in a manner that
adequate parking facilities and traffic circulation have
been accommodated. With respect to the Kwik Stop site,
improvements can be made to the east portion of the
property and to the alley immediately south of the
building, to provide additional parking and improved
traffic circulation. If the GC zoning is retained after
December, 2002, and if the possibility exists for
aggregation of land to deepen the commercial development,
that potential should be explored.
(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.
Properties north, south and west of the site are zoned CF
(Community Facilities) and east is zoned OSSHAD (Old School
Square Historic Arts District). The land uses adjacent to
the property include the following: north is the Delray
Beach Tennis Center; south are multiple family dwellings
and a single family home; west is the South Palm Beach
County Courthouse; and east is a vacant commercial property
which was previously occupied by a take-out restaurant
(Burger Chin).
Compatibility with the residences should not be a concern
as the uses have co-existed since the 1960's. Rezoning of
these existing commercial properties to GC will not have an
impact on the ~esidential neighborhood.
P & Z Board Sta~ Report
Rezoning from CF to GC for CRA Property -
Kwik Stop & Discount Auto Parts
Page 4
Section 2.4.5(D)(5) (Rezoning Findings)=
Pursuant to Section 2.4.§(D)(§) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make a
finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the
following~
a. That the zoning had previously been changed, or was
originally established, in error~
b. That there has been a change in circumstances which
make the current zoning inappropriate}
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for =he property based upon
circumstances particular to the site and/or
neighborhood.
The applicant has submitted a Justification statement which
states the following:
"The property requested to be rezoned is part of a 1986
tri-partite agreement between the City, the County and the
CRA for future courthouse expansion. The 1986 agreement
called for the CRA to give the property to the County in
1996. Subsequent to the signing of this agreement, the
City rezoned the property from GC-General Commercial to CF-
Community Facilities in anticipation of the future change
of use. In light of the agreement, the City's rezoning of
the property to CF seemed appropriate at the time.
The situation changed substantially in 1993 when the
tri-partite agreement was amended. The new agreement
allows the CRA to retain the Atlantic Avenue frontage in
the block (the property in question) if the County does not
request the property by December 31, 2002 for the purpose
of expanding the Courthouse Complex by adding structures to
the subject property. Our indications at this time are
that this probably will not happen.
In any event, the new agreement states that the County will
not request the property prior to December 31, 2000. This
will give the CRA to December 31, 2001 to relinquish the
property. The effect of the new agreement is that the CF
zoning make this commercially developed property
nonconforming.for 6 years until at least December 31, 2001.
Therefore, it is the CRA's contention that the CF zoning is
at a minimum premature and may ultimately not be needed.
Since the CF zoning limits the CRA's ability to lease the
space and improve the buildings on the property, the CRA
requests that ~he property be rezoned back to GC. This is
a more appropriate zoning at this time. If the County does
ultimately request the property, we will rezone it to CF at
that time."
P & Z Board Stax Report
Rezoning from CF to GC for CRA Property -
Kwik Stop & Discount Auto Parts
Page 5
Comment: The Justification statement addresses Item B as the
basis for which the rezoning should be granted. There has been
a change in circumstances that make the current Community
Facilities (CF) zoning inappropriate, in that the amended
interlocal agreement (1993) states that the County has until
December 31, 2002 to request the property from the CRA,
otherwise the CRA has the ability to sell the property. Under
the current CF zoning, the property cannot be leased to other
commercial uses and the ability to improve the structures is
limited. Thus, the buildings may remain vacant until 2002, with
no guarantee that the County will utilize the property. Based
upon these circumstances, it appears to be appropriate to rezone
the property to GC in the interim.
REVIEW BY OTHERS ~
The rezoning is not in a geographic area requiring review by the
DDA (Downtown Development Authority) or the HPB (Historic
Preservation Board).
Community Redevelopment Aqency
The subject property is located within the geographic area
requiring review by the CRA. However, as the CRA Board
initiated the rezoning, a recommendation is not necessary.
Special Courtesy Notice:
Courtesy notices were provided to the West Atlantic Property
Owner's Association, Delray Merchant Association and the Visions
West Atlantic Steering Committee.
Public Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. Letters of objection, if
any, will be presented at the Planning and Zoning Board meeting.
AS S E 8 8MENT AND CONCLUS I ON ~
The rezoning will enable positive findings to be made with
Chapter 3 of the Land Development Regulations, policies of the
Comprehensive Plan, and Section 2.4.5(D)(5) (Rezoning Findings),
that there has been a change in circumstances which make the GC
zoning more appropriate in that the County has until December
31, 2002 to request the property. Under the current CF zoning,
the ability to lease the property to commercial uses and to make
improvements to the structures is limited as the uses are
nonconforming. Rezoning the property to GC would allow the
flexibility to lease the building to other commercial tenants
and improvement of the structures in the interim.
ALTERNATIVE ACTIONS ~
A. Continue with direction.
P & Z Board Sta~ Report
Rezoning from CF to GC for CRA Property -
Kwik Stop & Discount Auto Parts
Page 6
B. Recommend approval of the rezoning request from CF to GC
for the CRA property (Kwik Stop & Discount Auto Parts)
based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and
Section 2.4.5(D)(5).
C. Recommend denial of the rezoning request from CF to GC
for the CRA property (Kwik Stop & Discount Auto Parts)
based upon a failure to make a positive finding with
to Section 2.4.5(D)(5), the rezoning fails to fulfill at
least one of the reasons listed.
STAFF RE COMME NDAT I 0N ~
Recommend approval of the rezoning request from CF to GC for
the CRA property (Kwik Stop & Discount Auto Parts) based upon
positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and Section 2.4.5(D)(5), that there has been
a change in circumstances that make the existing CF zoning
inapproriate.
Attachments:
* Location/Zoning Map
* Survey
YzKWIKSTOP.DOC
131:
CITY OF DELRAY BEACH. FLORIDA ~OTIG~ OF PUBLIC HEARING
A PUBLIC HEARING will be held on the following proposed ordinances
at 7:00 P.M. on TUESDAY. NOVEMBER 15. 1994 (or at any continuation
of such meeting which is set by the Commission), in the City
Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida,
at which time the City Commission will consider their adoption.
The proposed ordinances may be inspected at the Office of the City
Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida,
between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday, except holidays. Ail interested parties are invited to
attend and be heard with respect to the proposed ordinances.
ORDINANCE NO. 84-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS", BY REPEALING
ORDINANCE NO. 70-94 AND FORMER SECTION 71.60 OF THE CODE OF
ORDINANCES AND ENACTING A NEW SECTION 71.060, "PARKING METER
PERMITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, TO ESTABLISH THAT ALL PERSONS MAY OBTAIN A PARKING PERMIT
FOR ANCHOR, SANDOWAY, AND THE HOLIDAY INN NORTH PARKING LOTS, AND
TO LIMIT THE PURCHASE OF PARKING PERMITS FOR THE INGRAHAM AVENUE
LOT TO CITY RESIDENTS IN THE MANNER WHICH EXISTED PRIOR TO
ENACTMENT OF ORDINANCE NO. 70-94; ESTABLISHING A FEE FOR THE
PARKING PERMIT; TO PROVIDE FOR THE TRANSFERRING OF PARKING PERMITS
AND THE ISSUANCE OF SUBSTITUTE STICKERS FOR A SUBSTITUTE VEHICLE
ACQUIRED BY THE SAME PERMIT HOLDER SUBSEQUENT TO THE ISSUANCE OF
THE ORIGINAL PARKING PERMIT; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 87-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED
OFFICE CENTER) DISTRICT, IN PART, AND A (AGRICULTURAL) DISTRICT,
IN PART, TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT, WHICH
PROVIDES A RESIDENTIAL ZONING DISTRICT WITH FLEXIBLE DENSITIES
HAVING A BASE OF SIX (6) UNITS PER ACRE AND A RANGE TO TWELVE (12)
UNITS PER ACRE, AND WHICH ALSO AUTHORIZES THE CITY COMMISSION TO
ESTABLISH THE DENSITY FOR A SPECIFIC RM DEVELOPMENT BY AFFIXING A
NUMERICAL SUFFIX TO THE DESIGNATION TO LIMIT THE DENSITY TO A
SPECIFIC NUMBER BETWEEN SIX AND TWELVE UNITS PER ACRE, PURSUANT TO
SECTION 4.4.6(H)(1) OF THE LAND DEVELOPMENT REGULATIONS; SAID LAND
BEING LOCATED ON THE EAST SIDE OF MILITARY TRAIL, APPROXIMATELY
1,400 FEET SOUTH OF LINTON BOULEVARD, AS MORE PARTICULARLY
DESCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 85-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL
COMMERCIAL) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT;
SAID LAND BEING GENERALLY LOCATED ON THE EAST AND WEST SIDES OF
N.W. 5TH AVENUE, BETWEEN N.W. 1ST STREET AND N.W. 2ND STREET; AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING· A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 86-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY
FACILITIES) DISTRICT IN THE GC (GENERAL COMMERCIAL) DISTRICT; SAID
LAND BEING LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE,
BETWEEN S.W. 1ST AVENUE AND S.W. 2ND AVENUE; AND AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 89-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 19 OF DELRAY
BEACH ESTATES LOCATED AT 2706 NORTH FEDERAL HIGHWAY, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING
THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE
DESIGNATION FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED
IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 90-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 94-1 PURSUANT TO
THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND
LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS
163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT
94-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
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ORDINANCE NO. 91-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING TITLE XI, "BUSINESS REGULATIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING
CHAPTER 112, "ALARM SYSTEMS", IN ITS ENTIRETY, AND ENACTING A NEW
CHAPTER 112, "ALARM SYSTEMS", TO PROVIDE FOR THE REGULATION OF
ALARM SYSTEMS WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL
REPEALER CLAUSE,. A SAVING CLAUSE, AND AN EFFECTIVE DATE.
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 such person 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 4, 1994 Alison MacGregor Harry
City Clerk
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