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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 !.,;£MOR/AL S w. 9TH S,W. 10TH CF'S ~ PINE C~OVE / ~ ELEMEN TAR j~ SCHOOL ~ DOUGLASS AVENU~ GROVES I I ELLA S~. L IN TON RIDGE CONDO SDUTHRIDGE WALL~C': SOUT~/DGE CF WALLACEF-~N/SSA N DODGE VILLAGEcoNDO C OND O ~R~A LIN TON ULEVARD ~ LIN TON IN TERNA TIONAL PLAZA ROEE ~ C05 TCO I ~ - 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