Ord 40-99 ORDINANCE NO. 40-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE
LAND USE MAP DESIGNATION IN THE COMPREHENSIVE
PLAN FROM REDEVELOPMENT AREA #3 TO MEDIUM
DENSITY RESIDENTIAL (5-12 DWELLING UNITS PER ACRE),
FOR A PORTION OF THE GROVES OF DELRAY PROPERTY
LOCATED ON THE NORTH SIDE OF DOUGLASS AVENUE,
BETWEEN S.W. 7TM AVENUE AND S.W. 8TM AVENUE, AS THE
SAME IS MORE PARTICULARLY DESCRIBED HEREIN;
ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMAIJ. SCALE LAND USE PLAN
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 Dekay Beach, Florida, as Redevelopment Area #3;
and
WHEREAS, at its meeting of October 11, 1999, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, reviewed this item at a public hearing and voted to
recommend approval of the small scale FLUM amendment, based upon positive findings; and
WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan be
amended to reflect the revised land use designation of Medium Density Residential (5-12 dwelling units
per acre).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property is as follows:
A parcel of land in Section 20, Township 46 South, Range 43 East,
Palm Beach County, Florida, being more particularly described as
follows:
Beginning at a point at the northwest comer of Lot 22, Block 5, Plat of
Southridge, Plat 2 of 2 (Plat Book 13, Page 39), as recorded in the
Public Records of Palm Beach County, Florida; thence in a westerly
direction, along the north plat limit of the Plat of The Groves of
Delray (Plat Book 72, Page 142), as recorded in the Public Records of
Ii
Palm Beach County, Florida, to a point of intersection with the
centerlme of S.W. 8t~ Avenue; thence in a northerly direction along said
centerline to a point of intersection with the centerline of Tract "B",
said Plat of The Groves of Delray; thence in a westerly direction along
centerline of said Tract "B" to a point of intersection with the
southerly extension of the west right-of-way line of S.W. 8th Avenue;
thence in a southerly direction along said fight-of-way extension to a
point of intersection with the north right-of-way line of Douglass
Avenue; thence in a northeasterly direction, along the north right-of-
way line of Douglass Avenue to a point at the southwest comer of Lot
22, said Plat of Southridge; thence in a northerly direction along the
west line of said Lot 22 to the northwest comer of said Lot 22, also
being the Point of Beginning.
The subject property is located at on the north side of Douglass
Avenue, between S.W. 7t~ Avenue and S.W. 8th Avenue; containing
1.15 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 Redevelopment Area #3 to Medium Density Residential (5-
12 dwelling units per acre).
Section 3. That the City of Dekay Beach elects to make this small scale amendment by
having only an adoption heating, pursuant to Florida Statutes Section 163.3187(1)(c)4.
Section 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.
Section 6. 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
Admimstration Commission, 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.
- 2 - Ord. No. 40-99
PASSED AND ADOPTED in regular session on second and final reading on this the
2nd day of November ,1999.
A'ITEST:
First Reading October 19, 1999
November 2, 1999
Second Reading
- 3 - Ord. No. 40-99
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~ - CORRECTIVE FUTURE LAND USE MAP AMENDMENT -
CITY OF DELRAY BEACH. FL FROM: REDEVELOPMENT AREA # 3 TO: MEDIUM DENSITY RESIDENTIAL (5o12 UNITS/ACRE)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~f73/
SUBJECT: AGENDA ITEM #/0 ~' - REGULAR MEETING OF NOVEMBER 2~ 1999
ORDINANCE NO. 40-99 (CORRECTIVE FUTURE LAND USE MAP
AMENDMENT FOR A PORTION OF THE GROVES OF DELRAY)
DATE: OCTOBER 27, 1999
This is second reading and a public heating for Ordinance No. 40-99 which provides for a corrective,
small scale Future Land Use Map (FLUM) amendment from Redevelopment Area #3 to Medium
Density Residential (5-12 dwelling units per acre) for a portion of The Groves of Delray development.
The subject property is located on the north side of Douglass Avenue, between S.W. 7th Avenue and
S.W. 8m Avenue. The FLUM amendment involves Lots 23 through 28, Block 5, Plat 2 of 2,
Southridge subdivision and the adjacent right-of-way (S.W. 8th Avenue) containing approximately 1.2
acres.
In 1992 these lots and the right-of-way were platted as part of The Groves of Delray, a multiple
family development. The Groves has a zoning designation of RM (Multiple Family Residential) and
an underlying Future Land Use Map designation of MD (Medium Density Residential) except for this
1.2 acre section which has a FLUM designation of RDA-3 (Redevelopment Area #3). This error was
discovered with the research conducted as part of the Redevelopment Plan for the Southridge/S.W.
4th Avenue area. In view of this, the corrective FLUM amendment is being processed to change the
designation of RDA-3 to MD (Medium Density Residential 5-12 dwelling units per acre).
The Planning and Zoning Board held a public hearing on this item on October 11, 1999. One person
from the public spoke, but his concerns dealt with the condition of the roads in the Southridge
redevelopment area and not specifically with the FLUM amendment. The Board voted 6 to 0 to
recommend approval of the corrective, small scale amendment. At first reading on October 19th, the
City Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 40-99 on second and final reading, based upon positive
findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings), Section 3.1.1(A) of the Land Development Regulations, and the
recommendation of the Planning and Zoning Board.
Ref:Agmemo21.Ord.40-99.FLUM Amendment. The Groves of Delray
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: October 11, 1999
AGENDA ITEMS:
ITEM: Corrective Future Land Use Map (FLUM) Amendment from
Redevelopment Area Ct 3 to Medium Density (5-12 units/acre) for that
Pod~ion of the Groves of Delray Development, Located on the North
Side of Douglass Avenue, between S.W. 7th Avenue and S.W. 8th
Avenue.
Owner ............................. Groves of Deiray, LTD
GARD£NS
Applicant ......................... David T. Harden, City Manager
City of Delray Beach, Florida s.w. lOTH STREET
Location .......................... North side of Douglass Avenue,
between S.W. 7th Avenue and S.W. _
8th Avenue -
Property Size. 11.35 Acres total (1.1 5 Acres to be
Amended)
F.L.U.M. - ~l ,,
Designation .................... RDA-3 (Redevelopment Area #3) _
Proposed F.L.U.M. Medium Density Residential (5-12 I I' t'1 t f ! I !'
Designation ..................... units/acre)
Current Zoning ................ RM (Multiple Family Residential-
Adjacent Zoning .... North: R-1-A (Single Family Residential)
East: R-1-A oi
Existing Land Use .......... A portion of the Groves of Delray i
Development
Proposed Land Use ........ Corrective Future Land Use Map v~,~s~. ~ ~":,~L ih-'
CONDO '~OUT~.mDC,£1~ % ~__
Amendment to a more suitable _
designation for the existing use. L, N ~ o N B 0 U L E V ^ R D
Sewer Service ................. n/a.
The action before the Board is making a recommendation to the City
Commission on a corrective Future Land Use Map amendment from RDA-
$ (Redevelopment Area #$) to MD (Medium Density Residential) for a
portion of the Groves of Delray development.
The subject property is located on the north side of Douglass Avenue
between SW 7th and SW 8th Avenues, and involves 1.2 acres.
Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning
and Zoning Board) shall review and make a recommendation to the City
Commission with respect to all amendments to the City's Future Land Use
Map.
The subject property involves Lots 23-28, Block 5, Plat 2 of 2, Southridge subdivision
and the adjacent right-of-way (SW 8TM Avenue) containing appraximately 1.2 aares. In
1992, these lots and the adjacent right-of-way were platted as part of the Groves of
Delray, a multiple family development. The Groves of Delray has a zoning designation
of RM (Multiple Family Residential} and an underlying Future Land Use Map (FLUM)
designation of MD (Medium Dens~, Residential) except for this 1.2 acre, which has a
FLUM Designation of RDA-3 (Redevelopment Area # 3). This error was discovered with
the research conducted with the study of the Southridge/SW 4th Avenue Redevelopment
Area. Therefore, a corrective FLUM amendment is being processed to change the
designation of RDA-3 to MD (Medium Density Residential) for this portion of the Groves
of Delray and is the action before the Board.
Florida Statutes 163.3187 - Small Scale Land Use Map Amendments:
This Future Land Use Map Amendment is being processed as a Small-Scale
Development pursuant to Florida Statutes 163.3187. This statute states that any
local government comprehensive land use 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:
[] The amendment does not exceed 10 acres of land;
[] The cumulative effect of the amendments processed under this section
shall not exceed 120 acres within designated redevelopment and traffic
concurrency exception areas, or 60 acres annually in areas lying outside
the designated areas; and,
P & Z Board Staff Report
Groves of Delray - Corrective FLUM Amendment
Page 2 .....
The proposed amendment does not involve the same property, or the same
owner's property within 200 feet of property, granted a change within a
period of 12 months.
[] That if the proposed amendment involves a residential land use, the
residential land use has a density of 10 units or less per acre.
[] The proposed amendment does not involve a text change to the goals,
policies, and objectives of the local government's comprehensive plan, but
only proposes a land use change to the future land use map for a site-
specific small scale development activity.
[] The property that is the subject of a proposed amendment is not located
within an area of critical state concern.
The FLUM amendment involves approximately 1.2 acres, thus the total area is less than
the 10 acre maximum. This amendment along with other small-scale amendments
processed this year, outside the designated areas, will not exceed 60 acres. This
property has not previously been considered for a land use amendment nor has the
same property owner's properties been granted a land use change within 200 feet,
within the last year. The proposed amendment to MD (Medium Density Residential 5-
12 du/ac) is corrective. The MD land use designation allows multiple family
developments and a multiple family structure exists on the subject property. The
amendment does not involve a text change to the Comprehensive Plan, and deals with
a site specific small-scale amendment activity. The property is not located within an
area of critical concern.
Land Use Analysis:
Pursuant to Land Development Regulation 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 Future Land Use Map amendment being sought is to eliminate an existing
inconsistency between the FLUM and zoning designations for the Groves of Delray. The
subject property is part of a large multiple family development in which the land use and
resulting structures are consistent with the proposed FLUM and zoning designations.
REQUIRED FINDINGS:
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
must be based upon the following findings:
[] Demonstrated Need -- That there is a need for the requested land use. The
need must be based upon circumstances such as shifts in demographic
trends, changes in the availability of land, changes in the existing character
P & Z Board Staff Report
Groves of Delray ~ Corrective FLUM Amendment
Page 3
and FLUM designations of the surrounding area, fulfillment of a
comprehensive plan objective or policy, or similar circumstances. The need
must be supported by data and analysis. This policy shall not apply to
requests for the FLUM designations of Conservation or Recreation and Open
Space.
This area was never intended to be included within the Southridge/SW 4th Avenue
Redevelopment Area. The current FLUM designation of Redevelopment Area #3 is
inappropriate. This corrective amendment will apply a Future Land Use Map
designation of MD reflecting the current use as a multiple family development.
[] Consistency -- The requested designation is consistent with the goals,
objectives, and policies of the most recently adopted Comprehensive Plan.
The proposal is consistent with the goals, objectives and policies of the City's
Comprehensive Plan as it applies a Future Land Use Map designation that reflects
the current use of the property.
[] Concurrency -- Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
The subject property is developed as a multiple family apartment complex with a
density of close to 12 units per acre: Therefore, the project is currently developed at
its highest intensity under the RM zoning designation. At the time of site plan
approval, positive findings were made with respect to Concurrency.
[] Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
Required findings of Compatibility were made at time of site plan approval and no
intensification of the development is proposed with this amendment.
[] Compliance -- Development under the requested designation will comply with
the provisions and requirement of the Land Development Regulations.
The existing development complies with the provisions and requirements of the Land
Development Regulations.
The subject property is not within a geographical area requiring review by the
Community Redevelopment Agency, Downtown Development Authority or the Historic
Preservation Board.
P & Z Board Staff Report
Groves of Delray - Corrective FLUM Amendment
Page 4
Courtesy Notices:
Courtesy notices have been provided to PROD and Wood's of Southridge Homeowners
Association. Letters of objection and support, if any, will be presented at the Planning
and Zoning Board meeting.
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 existing FLUM designation of Redevelopment Area ¢3 was applied in error and is
-inappropriate for the existing multiple family development. The proposed change from
RDA-3 to MD will result in a FLUM designation, which corresponds with the built
development. Positive findings can be made with respect to Future Land Use Element
Policy A-1.7 (FLUM Amendments Findings) of the Comprehensive Plan and Section
3.1.1 (A) of the Land Development Regulations.
A. Continue with direction.
B. Recommend to the City Commission approval of the corrective Future Land Use
Map amendment from RDA-3 to MD based upon positive findings with Future
Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment
Findings) and Section 3.1.1 (A) of the Land Development Regulations.
C. Recommend to the City Commission denial of the corrective Future Land Use
Map amendment from RDA-3 to MD, based upon a failure to make positive
findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan
(FLUM Amendment Findings) and Section 3.1.1 (A) of the Land Development
Regulations, with the basis stated.
Recommend to the City Commission approval of the corrective Future Land Use Map
amendment from RDA-3 to MD based upon positive findings with Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and
Section 3.1.1 (A) of the Land Development Regulations.
A~achment: Future Land Use Map
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF LAND USE CHANGE
The City Commission of the City of Delray Beach, Florida, will con-
sider a corrective change to the Future Land Use Map for a 1.15
acre parcel of land described as a portion of The Groves of Delray
property, located on the north side of Douglass Avenue between
S.W. 7th Avenue and S.W. 8th Avenue. The change involves a Small
Scale Future Land Use Map' amendment FROM Redevelopment
Area f/3 TO Medium Density Residential (5-12 dwelling units per
acre).
The City Commission will conduct a Public Hearing on TUESDAY.
NOVEMBER 2, 1999. 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 will consider adopting this
small scale amendment to the Future Land Use Map. The title of the
enacting ordinance is as follows:
ORDINANCE NO. 40-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELI:lAY BEACH, FLORIDA, CHANGING THE FUTURE LAND
USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN
FROM REDEVELOPMENT AREA ~ TO MEDIUM DENSITY RES-
IDENTIAL (5-12 DWELLING UNITS PER ACRE), FOR A PORTION
OF THE GROVES OF DELRAY PROPERTY LOCATED ON THE
NORTH SIDE OF DOUGLASS AVENUE, BETWEEN S.W. 7TH
AVENUE AND S.W. 8TH. AvENUE, AS THE SAME IS MORE PAR-
TICULARLY DESCRIBED HEREIN; 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 Jasmin
Allen at the Planning and Zoning Department, City Hall, 100 N.W.
1st Avenue, Delray Beach, Florida 33444 (Phone 561/243-7040),
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 DEClSlON MADE BY THE CITY COMMISSION WITH
RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING,
SUCH PERSON WILL NEED A RECORD OF THESE PROCEED-
INGS, AND FOR THIS PURPOSE MAY.NEED TO ENSURE THAT
A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVI-
DENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY
DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PUR-
SUANT TO F.S. 286.0105.
PUBLISH: October 25, 1999 CITY OF DELRAY BEACH
The Boca Raton News Alison MacGregor Harry
Ad ~f'/94098 City Clerk
CITY OF DELRAY BEACH~ FLORIDA
NOTICE OF LAND USE CHANGE
The City Commission of the City of Delray Beach, Florida, will
consider a corrective change to the Future Land Use Map for a 1.15
acre parcel of land described as a portion of The Groves of Delray
property, located on the north side of Douglass Avenue between S.W.
7tn Avenue and S.W. 8tn Avenue. The change involves a Small Scale
Future Land Use Map amendment FROM Redevelopment Area #3 TO Medium
Density Residential (5-12 dwelling units per acre).
The City Commission will conduct a Public Hearing on TUESDAY~
NOVEMBER 2~ 1999~ 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 will consider adopting this small scale
amendment to the Future Land Use Map. The title of the enacting
ordinance is as follows:
ORDINANCE NO. 40-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE
COMPREHENSIVE PLAN FROM REDEVELOPMENT AREA #3 TO MEDIUM DENSITY
RESIDENTIAL (5-12 DWELLING UNITS PER ACRE), FOR A PORTION OF THE
GROVES OF DELRAY PROPERTY LOCATED ON THE NORTH SIDE OF DOUGLASS
AVENUE, BETWEEN S.W. 7TM AVENUE AND S.W. 8TM AVENUE, AS THE SAME IS
MORE PARTICULARLY DESCRIBED HEREIN; 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.
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 Jasmin Allen at the
PLanning and Zoning Department, City Hall, 100 N.W. 1st Avenue,
Delray Beach, Florida 33444 (Phone 561/243-7040), 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: The News CITY OF DELRAY BEACH
October 25, 1999 Alison MacGregor Harry
City Clerk
Instructions to Newspaper: This ad is not to appear in the legal/
classified section. It 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 18 point bold. Thank you.
CITY OF DELRAY BEACH~ FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING on the following proposed ordinances will be
held on TUESDAY, NO--ER 2r 1999~ 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 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, Delra¥ 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. 40-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE
COMPREHENSIVE PLAN FROM REDEVELOPMENT AREA %3 TO MEDIUM DENSITY
RESIDENTIAL (5-12 DWELLING UNITS PER ACRE), FOR A PORTION OF THE
GROVES OF DELRAY PROPERTY LOCATED ON THE NORTH SIDE OF DOUGLASS
AVENUE, BETWEEN S.W. 7TM AVENUE AND S.W. 8TM AVENUE, AS THE SAME
IS MORE PARTICULARLY DESCRIBED HEREIN; 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.
ORDINANCE NO. 41-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED I
(INDUSTRIAL) DISTRICT IN THE MIC (MIXED INDUSTRIAL AND
COMMERCIAL) DISTRICT; SAID LAND BEING COMMONLY KNOWN AS A
PORTION OF THE SECURITY SELF-STORAGE FACILITY SITE LOCATED AT
THE NORTHEAST CORNER OF LINTON BOULEVARD AND S.W. 4TM AVENUE, AS
MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF
· ~ELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER
'CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 42-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-I-AA
(SINGLE FAMILY RESIDENTIAL) DISTRICT IN THE R-1-A (SINGLE FAMILY
RESIDENTIAL) DISTRICT; SAID LAND BEING COMMONLY KNOWN AS THE
HEGSTROM PROPERTY LOCATED ON THE NORTH SIDE OF N.E. 22~D STREET,
APPROXIMATELY 450 FEET EAST OF SEACREST BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1994"; 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 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: The News CITY OF DELRAY BEACH
October 22, 1999 Alison MacGregor Harty
City Clerk
Instructions to Newspaper: This is a standard legal ad to be
placed in the legal/classified section. Thank you.
TO: DAVIDT. HARDEN, CITY MANAGER ~/ln., ~ ~.~.;'m ...,
FROM: DIANE DOMINGUEZ, PLANNING AND
SUBJECT: MEETING OF OCTOBER 19, 1999
CORRECTIVE FUTURE LAND USE MAP (FLUM) AMENDMENT FROM
RDA #3 (REDEVELOPMENT AREA #3) TO MEDIUM DENSITY (5-12
UNITS/ACRE) FOR A PORTION OF THE GROVES OF DELRAY
DEVELOPMENT (N. SIDE OF DOUGLASS AVE. BETWEEN SW ?TH
AND SW 8TM AVENUES)
The subject property involves Lots 23-28, Block 5, Plat 2 of 2, Southridge subdivision
and the adjacent right-of-way (SW 8th Avenue) containing approximately 1.2 acres. In
1992, these lots and right-of-way were platted as part of the Groves of Delray, a multiple
family development. The Groves of Delray has a zoning designation of RM (Multiple
Family Residential) and an underlying Future Land Use Map (FLUM) designation of MD
(Medium Density Residential) except for this 1.2 acre section, which has a FLUM
Designation of RDA-3 (Redevelopment Area # 3). This error was discovered with the
research conducted as part of the Redevelopment Plan for the Southridge/SW 4th
Avenue area. Therefore, a corrective FLUM amendment is being processed to change
the designation of RDA-3 to MD (Medium Density Residential). A full analysis of the
change is provided in the attached Planning and Zoning Board staff report.
The Planning and Zoning Board held a public hearing on this item on October 11, 1999.
One person from the public spoke, but his concerns dealt with the condition of the roads
in the Southridge Redevelopment Area, and not specifically with the FLUM amendment.
The Board voted 6-0 (McCarthy absent) to recommend approval of the amendment.
By motion, approve the corrective Future Land Use Map amendment from RDA-3 to
MD based upon positive findings with Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), Section 3.1.1 (A) of the Land
Development Regulations, and the recommendation of the Planning and Zoning Board.
Attachment:
· Planning and Zoning Board staff report