Ord 02-04ORDINANCE NO. 2-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DFJ.RAY BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE MAP DESIGNATION AS
CONTAINED IN THE COMPREHENSIVE PLAN FROM
CMR (COMMERCE) IN PART AND GC (GENERAL
COMMERCIAL) IN PART TO CMR (COMMERCE);
ELECTING TO PROCEED UNDER THE SINGLE
HE2xRING ADOPTION PROCESS FOR SMAII. SCALE
LAND USE PLAN AMENDMENTS; AND REZONING
AND PLACING LAND PRESENTLY ZONED. MIC (MIXED
INDUSTRIAL AND COMMERCIAL) DISTRICT IN PART
AND GC (GENERAL COMMERCIAL) DISTRICT IN PART
TO MIC ('MIXED INDUSTRIAL AND COMMERCIAL)
DISTRICT; SAID LAND BEING A PARCEL OF LAND
LOCATED AT THE NORTHWEST CORNER OF WEST
ATLANTIC AVENUE AND INTERSTATE-g5 (FORMER
TRAIN STATION DEPOT), AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DF.I.RAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A
GENERAL REPEAI.RR CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIV~ DATE.
WHEREAS, The Atlantic Group Holding Corp. and linton Group Holdings, LLC, is the
fee simple owner of a 1.80 acre parcel of land located at the northwest comer of West Atlantic
Avenue and Interstate-95; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use
Map (FLUlVl) designation of CMR (Commerce) in part and GC (General Commercial) in part; and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from CMR (Commerce) in part and GC (General Commercial) in part to CMR
(Commerce); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April, 2003, as being zoned MIC CMixed Industrial and
Commercial) District in part and GC (General Commercial) District in part;
WHEREAS, at its meeting of December 15, 2003 the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive
WHEREAS, tt is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DFJ.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Future Land Use Map des'tgnation of the subject property is hereby
offici~!!y affixed as CMR (Commerce).
Section 2. 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)3.
Section 3. That the Zoning District Map of the City of Deltay Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of MIC (Mdxed Industrial and Commercial)
District for the following described property:
PARCEL 1
A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delmy
Beach, palm Beach County, Florida, said parcel being more partio~hrly described as follows:
Commencing at the Northeast comer of said Section 18; Thence with a bearing of South 00'
30' 00" East, along the East line of Section 18, a distance of 690.00 feet to a point; thence
with a beating of South 89° 30' 00" West, a distance of 264.00 feet to a point; thence with a
bearing of South 00° 30' 00" East, along a line 264.00 feet West of and parallel to the East
line of Section 18, a distance of 1,280.24 feet to a po'mt; thence with a bearing of South 32'
53' 57" West, a distance of 43.58 feet to a point of curvature; thence with a curve to the left,
having a radius of 632.00 feet, an arc length of 215.00 feet to the Point of Beginnin~ thence
with a bearing of South 07° 50' 46" West, a distance of 399.94 feet to a po'mt; thence with a
beating of South 22° 58' 54" West, a distance of 81.05 feet to a point; thence with a beating
of South 81° 46' 47" West, a distance of 17.99 feet to a po'mt; thence with a bearing of
North 00° 30' 00" West, a distance of 629.54 feet to a point; thence with a beating of North
89° 30' 00" East, a distance of 97.15 feet to a point; thence with a curve concave to the
West, having an initial tangent bearing of South 07' 04' 59" East, a radius of 541.40 feet, a
central angle of 16° 21' 56", an arc length of 154.64 feet to a point; thence with a bearing of
South 79' 19' 23" East, a distance of 15.62 feet, more or less, to the Po'mt of Beginning.
PARCEL 2.
2 ORD NO. 2-04
A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray
Beach, palm Beach County, Florida, said parcel being more partictflarly described as follows:
Commencing at the Northeast comer of said Section 18; thence with a bearing of South 00°
30' 00" East, along the East line of Section 18, a distance of 690.00 feet to a point; thence
with a bearing of South 89° 30' 00' West, a distance of 264.00 feet to a point; thence with a
bearing of South 00° 30' 00" East, along a line lying 264.00 feet West of and parallel to the
East line of Section 18, a distance of 670.10 feet to a po'mt; thence with a bearing of North
89° 17' I1" West, a distance of 172.85 feet to a point; thence with a beating of North 89° 16'
05" West, a distance of 30.00 feet to a point; thence with a beating of South 00° 30' 0(Y'
East, a distance of 549.97 feet to the Po'mt of Beginning; thence with a beating of South 89*
16' 05" East, a distance of 51.99 feet to a point; thence with a bearing of South 13' 30' 39"
East, a distance of 83.23 feet to a point; thence with a curve concave to the Southwest,
having an initial tangent bearing of South 14° 33' 49" East, a radius of 541.40 feet, a central
angle of 06° 11' 07", an arc length of 58.45 feet to a point; thence with a beating of South
89° 30' 00" West, a distance of 97.11 feet to a point; thence with a bearing of North 00° 30'
00" West, a distance of 139.89 feet to a point; thence with a bearing of South 89° 16' 05"
East, a distance of 15.28 feet, more or less, to the Point of Begirming.
PARCEL 3
A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray
Beach, Palm Beach County, Florida, said parcel being more pardofiarly described as follows:
Commencing at the Northeast comer of said Section 18; thence with a bearing of South 00'
30' 00" East, along the East line of Section 18, a distance of 690 feet to a point; thence
with a bearing of South 89' 30' 00" West, a distance of 264.00 feet to a point; thence with a
bearing of South 00° 30' 00" East, along a line lying 264.00 feet West of and parallel to the
East line of Section 18, a distance of 670.10 feet to a po'mt; thence with a bearing of North
89° 17' 11" West, a distance of 172.85 feet to the Point of Begimfing; thence with a bearing
of South 00° 30' 00" East, a distance of 453.54 feet to a po'mt; thence with a curve concave
to the East, having an initial bearing of South 02' 56' 43" East, a radius of 25.00 feet, a
central angle of 13° 07' lY', an arc length of 5.72 feet to a point; thence with a beating of
South 13° 30' 39" East, a distance of 93.70 feet to a point; thence with a beating of North
89' 16' 05" West, a distance of 51.99 feet to a point; thence with a beaxing of North 00' 30'
00" West, a distance of 549.97 feet to a po.mt; thence with a bearing of South 89' 16' 05"
East, a distance of 30.00 feet, more or less, to the Po'mt of Beglnnlng.
Subject to a 16 foot g~ilroad track easement for railroad purposes, being more paxfica,larly
described as follows: Commencing at the Northeast comer of said Section 18; thence with
a bearing of South 00° 30' 00" East, along the East line of Section 18, a distance of 690.00
ORD NO. 24)4
feet to a point; thence with a beating of South 89' 30' 00" West, a distance of 264.00 feet
to a point; Thence with a bearing of
South 00° 30' 00" East, along a line lying 264.00 feet West of and parallel to the East line of
Section 18, a distance of 670.10 feet to a point; thence with a beating of North 89' 17' 11"
West, a distance of 172.85 feet to a point; thence with a beating of South 00° 30' 00" East, a
distance of 222.16 feet to the Point of beginning of the boundary of 16 foot track easement;
thence with a beating of South 00° 30' 00" East, a distance of 39.70 feet to a point; thence
with a curve concave to the Northeast, having an initial tangent beating of North 25° 23'
41" West, a radius of 924.65 feet, a central angle of 04° 51' 58", an arc length of 78.53 feet
to a point; thence with a beating of North 00° 30' 00" West, a distance of 50.31 feet to a
point; thence with a curve concave to the northeast, having an initial tangent bearing of
South 17° 32' 49" East, a radius of 908.65 feet, a central angle of 05° 34' 34" East, an arc
length of 88.43 feet, more or less, to the Point of Beginning.
Also subject to an easement of ingress and egress over the roadway located on the
hereinabove described Parcels 2 and 3 for the purpose of access to the team track West of
said property, for so long as said tracks remain in place. And there is further reserved to
Amtrack and the public, an easement on ingress and egress over said roadway for the
purpose of access to the present Amtrak facility located thereon.
Section 4. That the planning and Zoning Director of the 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 3 hereof.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 6. That should any section or provision of thi~ 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 7. That this ordinance shall become effective as follows: 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 DepaxU~ent 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 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 Dep',aunent of Community Affairs, Bureau of Local Plunning, 2740 Centerview
4 ORD NO. 2-04
Drive, T~llahassee, Florida 32399-2100.
PASSED..t A~..D _ADO?rED
3 day o~
ATrEST
City Clerk
Second Re~9
itl re~l~r
~, 200_~_.
session on second and final reading on this the
5 ORD NO. 2-04
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~O ~ - REGULAR MEETING OF FEBRUARY 3. 2004
ORDINANCE NO. 2-04 (SMALL SCALE FUTURE LAND USE MAP
AMENDMENT & REZONING
JANUARY 30, 2004
This ordinance is before Commission for second reading and a quadjudidal headng that provides for a
small scale Future Land Use Map (FLUN0 amendment from CMR (Commerce) in part and GC
(General Commercial) in part, to CMR (Commerce) and rezoning from MIC (Mixed Industrial and
Commercial) in part and GC (General Commercial) in part, to MIC (Mixed Industrial and
Commercial) for a 1.80 acre parcel of land known as Delray Depot (formerly the Train Station Depot
site), located at the northwest comer of West Atlantic Avenue and 1-95.
The property contains the tram depot which was listed in the National Register in September, 1986
and in the Local Register of Historic Places in October, 1988. The building was constructed in 1926
and was most recently used as an office for an interior decorator and furniture repair use.
The Planning and Zoning Board held a public heating in conjunction with the requests. There were
no public comments. After discussing this proposal, the Board voted 6-0 to recommend that the
requests be approved, based on positive findings with respect to Future Land Use Element Policy A-
1.7 of the Comprehensive Plan (FLUM Amendment Findings), Land Development Regulations
(LDR) Section 3.1.1 (Required Findings), LDR Section 2.4.5 (D)(5) (Rezonmg Findings), LDR
Section 3.2.2 (Standards for Rezonmgs), and the goals, objectives, and policies of the Comprehensive
Phn subject to the condition that a site plan modification is processed to provide, but not be limited
to, screening of the existing dumpster, upgrading of the landscaping and resurfacing and restfiping of
the existing parking area.
At the first reading on January 6, 2004 the City Commission passed Ordinance No. 2-04.
Recommend approval of Ordinance No. 2-04 on second and final reading.
&\City Clerk\agenda memos \Ord. Z.04.0Z03.04 RezOnmg Deltay Depot
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HAR~. I..~ ~N~E~ ,
PAUL DORLING', DIRECTOR OF PI~NING AND ZO~NING
MEETI. OF JA. UARY 8, 2004
PRIVATELY SPONSORED SMALL SCALE FUTURE LAND USE MAP (FLUM)
AMENDMENT FROM GENERAL COMMERCIAL (GC), IN PART, AND COMMERCE
(CMR), IN PART, TO CMR AND REZONING FROM GC, IN PART, AND MIXED
INDUSTRIAL AND COMMERCIAL (MIC), IN PART, TO MIC FOR THE PROPERTY
LOCATED AT THE NORTHWEST CORNER OF INTERSTATE HIGHWAY 95 AND WEST
ATLANTIC AVENUE (80 DEPOT AVENUE).
The property consists of a meets and bounds description and contains 1.80 acres. The property contains
the train depot which was listed in the National Register in September of 1986 and in the Local Register of
Historic Places in October of 1988. The building was constructed in 1926 and was most recently used as
an office for an interior decorator and furniture repair use.
These land development applications have been submitted to allow the establishment of a private
warehouse for the storage of automobiles (no vehicle repair, sales or display) and private office space. This
use would be permissible under the proposed MIC zoning, but not under the current GC zoning. Additional
background and an analysis of the FLUM amendment and Rezoning are provided in the attached Planning
and Zoning Board staff report.
At its meeting of December 15, 2003, the Planning and Zoning Board held a public hearing in conjunction
with the FLUM Amendment and Rezoning requests. There was no public testimony regarding the request.
After reviewing the staff report and discussing the proposal, the Board unanimously voted 6-0 (Krall absent)
to recommend that the requests be approved, based upon positive findings with respect to Future Land Use
Element Policy A-1.7 of the Comprehensive Plan, LDR Section 3.1.1, LDR Section 2.4.5(D) (5), LDR
Section 3.2.2 and the Goals, Objectives and Policies of the Comprehensive Plan, subject to the condition
that a site plan modification is processed to provide, but not be limited to, screening of the existing
dumpster, upgrading of the landscaping and resurfacing and restriping of the existing parking area.
By motion, approve on first reading the ordinance for the privately sponsored small scale Future Land Use
Map Amendment from General Commercial (GC), in part, and Commerce (CMR), in part, to CMR and
rezoning from GC, in part, and Mixed Industrial and Commercial (MIC), in part, to MIC, based upon the
findings and recommendations by the Planning and Zoning Board, subject to a site plan modification being
processed to provide, but not be limited to, screening the existing dumpster, upgrading of the landscaping
and resurfacing and restriping of the existing parking area.
Attachments: Planning and Zoning Board Staff Report of December 15, 2003 and Ordinance by Others
ORDINANCE NO. 2-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE
MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE
PLAN FROM CMR (COMMERCE) IN PART AND GC (GENERAL
COMMERCIAL) IN PART TO CMR (COMMERCE); ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS
FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND
REZONING AND PLACING LAND PRESENTLY ZONED MIC
(MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT IN PART
AND GC (GENERAL COMMERCIAL) DISTRICT IN PART TO MIC
(MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID
LAND BEING A PARCEL OF LAND LOCATED AT THE
NORTHWEST CORNER OF WEST ATLANTIC AVENUE AND
INTERSTATE-95 (FORMER TRAIN STATION DEPOT), AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, The Atlantic Group Holding Corp. and Linton Group Holdings, LLC, is the fee
simple owner of a 1.80 acre parcel of land located at the northwest comer of West Atlantic Avenue
and Interstate-95; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map
(FLUM) designation of CMR (Commerce) in part and GC (General Commercial) in part; and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from CMR (Commerce) in part and GC (General Commercial) in part to CMR
(Commerce); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April, 2003, as being zoned MIC (Mixed Industrial and
Commercial) District in part and GC (General Commercial) District in part;
WHEREAS, at its meeting of December 15, 2003 the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
6 to 0 to recommend that the property hereinafter described be mzoned, based upon positive
findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, 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:
Section 1. That the Future Land Use Map designation of the subject property is hereby
officially affixed as CMR (Commerce).
Section 2. 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)3.
Section 3. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of MIC (Mixed Industrial and
Commercial) District for the following described property:
PARCEL 1
A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach,
Palm Beach County, Florida, said parcel being more particularly described as follows:
Commencing at the Northeast comer of said Section 18; Thence with a bearing of South 00° 30'
00" East, along the East line of Section 18, a distance of 690.00 feet to a point; thence with a
bearing of South 89° 30' 00" West, a distance of 264.00 feet to a point; thence with a bearing of
South 00° 30' 00" East, along a line 264.00 feet West of and parallel to the East line of Section
18, a distance of 1,280.24 feet to a point; thence with a bearing of South 32° 53' 57" West, a
distance of 43.58 feet to a point of curvature; thence with a curve to the left, having a radius of
632.00 feet, an arc length of 215.00 feet to the Point of Beginning: thence with a bearing of
South 07° 50' 46" West, a distance of 399.94 feet to a point; thence with a bearing of South 22'
58' 54" West, a distance of 81.05 feet to a point; thence with a bearing of South 81° 46' 47"
West, a distance of 17.99 feet to a point; thence with a bearing of North 00° 30' 00" West, a
distance of 629.54 feet to a point; thence with a bearing of North 89° 30' 00" East, a distance of
97.15 feet to a point; thence with a curve concave to the West, having an initial tangent bearing
of South 07° 04' 59" East, a radius of 541.40 feet, a central angle of 16° 21' 56", an arc length
of 154.64 feet to a point; thence with a bearing of South 79° 19' 23" East, a distance of 15.62
feet, more or less, to the Point of Beginning.
PARCEL2.
A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach,
Palm Beach County, Florida, said parcel being more particularly described as follows:
2 ORD NO. 2-04
Commencing at the Northeast comer of said Section 18; thence with a bearing of South 00° 30'
00" East, along the East line of Section 18, a distance of 690.00 feet to a point; thence with a
bearing of South 89° 30' 00" West, a distance of 264.00 feet to a point; thence with a bearing of
South 00° 30' 00" East, along a line lying 264.00 feet West of and parallel to the East line of
Section 18, a distance of 670.10 feet to a point; thence with a bearing of North 89° 17' 11"
West, a distance of 172.85 feet to a point; thence with a bearing of North 89° 16' 05" West, a
distance of 30.00 feet to a point; thence with a bearing of South 00* 30' 00" East, a distance of
549.97 feet to the Point of Beginning; thence with a bearing of South 89° 16' 05" East, a
distance of 51.99 feet to a point; thence with a bearing of South 13° 30' 39" East, a distance of
83.23 feet to a point; thence with a crave concave to the Southwest, having an initial tangent
bearing of South 14° 33' 49" East, a radius of 541.40 feet, a central angle of 06° 11' 07", an arc
length of 58.45 feet to a point; thence with a bearing of South 89° 30' 00" West, a distance of
97.11 feet to a point; thence with a bearing of North 00° 30' 00" West, a distance of 139.89 feet
to a point; thence with a bearing of South 89° 16' 05" East, a distance of 15.28 feet, more or
less, to the Point of Beginning.
PARCEL 3
A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach,
Palm Beach County, Florida, said parcel being more particularly described as follows:
Commencing at the Northeast comer of said Section 18; thence with a bearing of South 00° 30'
00" East, along the East line of Section 18, a distance of 690 feet to a point; thence with a
bearing of South 89° 30' 00" West, a distance of 264.00 feet to a point; thence with a bearing of
South 00° 30' 00" East, along a line lying 264.00 feet West of and parallel to the East line of
Section 18, a distance of 670.10 feet to a point; thence with a bearing of North 89° 17' 11"
West, a distance of 172.85 feet to the Point of Beginning; thence with a bearing of South 00° 30'
00" East, a distance of 453.54 feet to a point; thence with a cur~e concave to the East, having
an initial bearing of South 02° 56' 43" East, a radius of 25.00 feet, a central angle of 13° 07'
13", an am length of 5.72 feet to a point; thence with a bearing of South 13° 30' 39" East, a
distance of 93.70 feet to a point; thence with a bearing of North 89° 16' 05" West, a distance of
51.99 feet to a point; thence with a bearing of North 00° 30' 00" West, a distance of 549.97 feet
to a point; thence with a bearing of South 89~ 16' 05" East, a distance of 30.00 feet, more or
less, to the Point of Beginning.
Subject to a 16 foot Railroad track easement for railroad purposes, being more particularly
described as follows: Commencing at the Northeast comer of said Section 18; thence with a
bearing of South 00° 30' 00" East, along the East line of Section 18, a distance of 690.00 feet to
a point; thence with a bearing of South 89° 30' 00" West, a distance of 264.00 feet to a point;
Thence with a bearing of
South 00° 30' 00" East, along a line lying 264.00 feet West of and parallel to the East line of
Section 18, a distance of 670.10 feet to a point; thence with a bearing of North 89' 17' 11"
3 ORD NO. 2-04
West, a distance of 172.85 feet to a point; thence with a bearing of South 00° 30' 00" East, a
distance of 222.16 feet to the Point of beginning of the boundary of 16 foot track easement;
thence with a bearing of South 00° 30' 00" East, a distance of 39.70 feet to a point; thence with
a curve concave to the Northeast, having an initial tangent bearing of North 25° 23' 41" West, a
radius of 924.65 feet, a central angle of 04° 51' 58", an arc length of 78.53 feet to a point;
thence with a bearing of North 00° 30' 00" West, a distance of 50.31 feet to a point; thence with
a curve concave to the northeast, having an initial tangent bearing of South 17° 32' 49" East, a
radius of 908.65 feet, a central angle of 05° 34' 34" East, an arc length of 88.43 feet, more or
less, to the Point of Beginning.
Also subject to an easement of ingress and egress over the roadway located on the hereinabove
described Parcels 2 and 3 for the purpose of access to the team track West of said property, for
so long as said tracks remain in place. And there is further reserved to Amtrack and the public,
an easement on ingress and egress over said roadway for the purpose of access to the present
Amtrak facility located thereon.
Section 4. That the Planning and Zoning Director of the 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 3 hereofi
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 6. 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 7. That this ordinance shall become effective as follows: 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 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.
4 ORD NO. 2-04
PASSED AND ADOPTED in regular session on second and final reading on this the __
day of ., 200__.
ATTEST M A Y O R
City Clerk
First Reading
Second Reading
5 ORD NO. 2-04
PLANNING AND ZONING BOARD
'CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
December 15~, 2003
IV. A.
Future Land Use Map Amendment From CMR (Commerce) In Part and GC
(General Commercial) In Part, To CMR (Commerce) and Rezoning From MIC
(Mixed Industrial and Commercial) In Part and GC (General Commercial) In Part, Ta
MIC (Mixed Industrial and Commercial) for a Parcel of Land Known as Delray Depot
(Formerly the Train Station Depot site) (Quasi-Judicial Hearing).
GENERAL DATA:
Proposed Zoning ........................
Adjacent Zoning ................ North:
East:
South:
West:
Owner/Applicant ......................... The Atlantic Group
Holdings Corporation.
Applicant .................................... Weiner & Aronson, P.A.
Agent .......................................... Gerhard Schillinger
Location ...................................... Located at the northwest
comer of West Atlantic
Avenue and 1-95.
Property Size .............................. 1.80 Acres
Future Land Use Map ................GC (General Commercial) &
CMR (Commerce)
Proposed F.LUM ...................... CMR (Commerce)
Current Zoning ............................ GC (General Commercial) &
MIC (Mixed Industrial &
Commercial)
MIC (Mixed Industrial &
Commercial)
I (Industrial)
MIC (Mixed Industrial &
Commercial) and Interstate
#95 (I - 95) Right-of-Way
MIC (Mixed Industrial &
Commercial) and CD
(Conservation District)
MIC (Mixed Industrial &
Commercial)
Existing Land Use ...................... Vacant building
Proposed Land Use .................... Auto storage with
associated office.
Water Service ............................. Existing on site.
Sewer Service ............................. Existing on site.
NOLAND
RINKER
MA ~IA£S
IV, A.
The action before the Board is that of making a recommendation to the City Commission on a
privately sponsored small scale Future Land Use Map (FLUM) Amendment from General
Commercial (GC), in part, and Commerce (CMR), in part, to CMR and rezoning from GC, in
part, and Mixed Industrial and Commercial (MIC), in part, to MIC for the property located at the
northwest corner of Interstate Highway 95 and West Atlantic Avenue (80 Depot Avenue).
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and rezoning of any property within the City.
The property consists of a meets and bounds description and contains 1.80 acres. The
property contains the train depot which was listed in the National Register in September of 1986
and in the Local Register of Historic Places in October of 1988. The building was constructed
in 1926 and was most recently used as an office for an intedor decorator and furniture repair
use.
At its meeting of November 25, 1986, the City Commission approved a Future Land Use Map
Amendment from Industrial to Commercial and a Rezoning from Medium Industrial to General
Commercial. These were privately initiated applications by the owner of the property. The
applicant indicated that the change to commercial designations from industrial were appropriate
since the use of the property by AMTRAK had ended and that the property was appropriately
sited for office and retail uses. These proposed changes were requested despite the lack of
access to West Atlantic Avenue.
An application has been submitted for a FLUM amendment from General Commercial (GC), in
part, and Commerce (CMR), in part, to CMR and a rezoning from GC, in part, and Mixed
Industrial and Commercial (MIC), in part, to MIC. These applications have been submitted with
the purpose of establishing a private warehouse for the storage of automobiles (no vehicle
repair, sales or display) and private office space on the subject property. This use would be
permissible under the proposed MIC zoning, but not under the currant GC zoning.
In accordance with Chapter 163, Florida Statutes, this Future Land Use Map amendment is
considered a small scale amendment and is not limited to the twice-a-year Comprehensive Plan
Amendment review process.
Florida Statute 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 Statute 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;
Planning and Zoning Boar~ afl Report
Delray Depot - Small-Scale rLUM Amendment and Rezoning
Page 2
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;
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 except for properties that are
designated in the Comprehensive Plan for urban infill, urban redevelopment or
downtown revitalization;
r-I
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; and
The property that is the subject of a proposed amendment is not located within an
area of critical state concern.
The 1.80 acre property does not exceed 10 acres nor does it exceed the maximum of 60 acres
annually for properties located outside of designated redevelopment or traffic concurrency
exception areas. This application is only the third small-scale FLUM amendment this year and
would result in a combined total of 6.74 acres considered as small scale amendments. The
subject property does not involve a residential land use or a text change, nor is it located in an
area of critical state concern. The proposed Future Land Use Map amendment involves a
property that has not previously been considered, nor located within 200' of property owned by
the applicant that was approved for a land use change within the past year. Based upon the
above, the subject proposal is consistent with the criteda for a small-scale development.
REQUIRED FINDINGS:
LDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to LDR Section 3.1.1, prior to 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, written materials submitted by the
applicant, 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.
Future Land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent with
the applicable land use designation as shown on the Future Land Use Map.
The proposed Mixed Industrial and Commercial (MIC) zoning district is consistent with the
proposed Commerce (CMR) FLUM designation. The proposed warehouse and office uses are
allowed in the MIC zoning district as permitted uses. Based on the above, positive findings can
be made with respect to FLUM consistency.
Planning and Zoning Boar~ 'afl Report
Delray Depot - Small-Scale PLUM Amendment and Rezoning
Page 3
The remaining required findings of LDR Section 3.1.1 (Concurrency, Comprehensive Plan
Consistency and Compliance with the Land Development Regulations) are discussed below.
The following Comprehensive Plan Policy applies to Future Land Use Map Amendments:
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM)
must be based upon the findings listed below, and must be supported by data and
analysis that demonstrate compliance with these findings:
O 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 and FLUM
designations of the surrounding area, fulfillment of a comprehensive plan
objective or policy, annexation into the municipal boundaries, or similar
circumstances. The need must be supported by data and analysis verifying the
changing demographics or other circumstances. This requirement shall not apply
to requests for the FLUM designations of Conservation or Recreation and Open
Space; nor shall it apply to FLUM changes associated with annexations when the
City's advisory FLUM designation is being applied, or when the requested
designation is of a similar intensity to the advisory designation. However, the
findings described in the remainder of this policy must be addressed with all
FLUM amendments.
The subject property was most recently used as an office and furniture repair facility for an
interior decorator. The property had previously been used for a contractor's office/warehouse
and as a train depot. The owner of the property proposes to establish a private warehouse for
the storage of automobiles (no vehicle repair, sales or display) and an associated private office.
The property's GC land use designation was requested by a prior property owner in 1986 when
the property was occupied by AMTRAK and was made with the knowledge that the AMTRAK
stop would be relocated. The request was made to accommodate office and retail uses;
however, the project never moved forward due to a number of issues, not limited to but
including, access. The existing GC land use designation of the property is inappropriate since
the property contains no direct vehicular access from West Atlantic Avenue. This situation
results in insufficient exposure to sustain commercial businesses.
When the Comprehensive Plan was originally adopted in 1989, the conclusion that the
Commerce (CMR) land use designation was the most needed land use designation (see Future
Land Use Element Policy A-1.3) in the City was arrived at based on data and analysis. The
proposed FLUM amendment and rezoning is appropriate as having an industrially oriented use
on the property will be more sustainable since direct access to an arterial road is not critical to
those uses permitted within the MIC zoning district. The FLUM designations surrounding the
property are CMR, which is consistent with the character of the area.
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 above policy as well as other goals, objectives and policies
of the City's Comprehensive Plan. The FLUM amendment will also address the following
Comprehensive Plan Policy:
Future Land Use Element Policy A-f.3 - The Commerce land use designation, which
involves a mix of light industrial, commercial uses and research and development, is the
Planning and Zoning Boan afl Report
Delray Depot - Small-Scale I-LUM Amendment and Rezoning
Page 4
most needed land use during the City's final stage of build-out. Thus, changes to the
Future Land Use Map, which diminish this land use, are discouraged.
The proposed FLUM amendment will place additional land that is currently designated
commercial and place it in the Commerce category.
Future Land Use Element Policy C-1.3 - The City shall concentrate efforts in the
heavy industrial and undeveloped areas along arterial roadways in order to provide a
better image of the community. Such efforts should include:
Enhanced and continuous code enforcement,
Regulations which required heavy industrial uses to provide perimeter landscaping
of their sites,
Owners of vacant property shall provide a landscaped appearance of their
properties.
The applicant has indicated an intent to establish a pdvate warehouse for the storage of
automobiles (no vehicle repair, sales or display) and pdvate office space on the subject
property. The applicant has also indicated that the proposed uses will operate completely
within the existing building. It is noted the condition of the property is substandard with respect
to landscaping and screening of the dumpster enclosures. A site plan modification with
upgrades to the site to meet current standards where feasible will be necessary. This
modification should include, but not be limited to landscaping and screening of the existing
dumpster enclosure and resurfacing and restriping the existing parking area. Following
consideration of the FLUM amendment and rezoning, a site plan modification would need to be
considered by the Historic Preservation Board (HPB) and is attached as a condition of approval.
Concurrency - Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves a FLUM amendment on a 1.80 acre parcel from GC, in part, and CMR, in
part, to CMR. The impact on adopted concurrency standards will be reduced by the proposed
FLUM amendment. Concurrency findings with respect to Parks and Recreation, Solid Waste,
Traffic and Water and Sewer are discussed below:
Parks and Recreation:
There will be no impact on the City's Parks and Recreation facilities due to the FLUM and
Rezoning changes.
Solid Waste:
In its most recent utilization as an office and fumiture repair business, the 7,300 square foot
structure generated 19.71 tons of solid waste per year. The proposed private office/warehouse
will fall under the same waste generation category; therefore no additional impact on this level
of service standard is expected.
Traffic:
The applicant has submitted a traffic statement that indicates the existing 7,300 square foot
structure being utilized by an industrial use would generate 47 average daily trips onto the
surrounding road network. The 7,300 square foot structures highest intensity under the existing
Planning and Zoning Boan afl Report
Delray Depot - Small-Scale r~.UM Amendment and Rezoning
Page 5
General Commercial zoning may result in a maximum of 673 tdps (7,300 sq. ft. / 1,000 x 92.17
= 672.841 trips). Therefore a significant reduction in traffic impact is to be expected.
Water and Sewer:
Water service is provided to the site via an 8" water main, which is located along the south side
of the property on West Atlantic Avenue. Sewer service is provided via a septic tank system.
The drainage field is located along the south side of the property. Adequate fire suppression is
provided to the site via an existing fire hydrant along the northeast side of the building.
The Comprehensive Plan states that adequate water and sewer treatment capacity exists to
meet the adopted LOS at the City's build-out population, based upon the current FLUM.
Pursuant to the Public Facilities Element Policy A-1.1, existing septic tanks located in sewered
areas throughout the City shall be removed from use as necessary pursuant to Florida Statutes.
There are no sewer mains located adjacent to the property or within reasonable distance to
extend to the subject property. The proposed conversion of the commercial property to
industrial will decrease the demand on these public services. Thus, a positive finding with
respect to this level of service standard can be made.
Compatibility - The requested designation will be compatible with the existing
and future land uses of the surrounding area.
The property is surrounded on the north, east and west by MIC zoned properly and/or existing
industrial uses. To the east across the 1-95 right-of-way are residences zoned R-1-A. There is
no compatibility concem with respect to these residences due to the separation provided by the
1-95 right-of-way, which is approximately 970' in width. The proposed business office and
warehouse uses will be compatible with these properties. The proposed use will have no
impact on the Conservation District (CD) zoned property that is located to the south across
West Atlantic Avenue. Based on the above, a positive finding with respect to Compatibility can
be made.
Compliance - Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Any future redevelopment of the 1.80 acre parcel of land will occur in accordance with the City's
Land Development Regulations. The applicant has indicated that he intends to establish a
pdvate warehouse for the storage of automobiles (no vehicle repair, sales or display) and
pdvate office space that would operate completely within the existing building on the subject
property. As previously discussed, the condition of the property is substandard with respect to
landscaping and screening of the existing dumpster enclosures and the existing parking area is
in a state of disrepair and should be resurfaced and rsstriped. Pursuant to Future Land Use
Element Policy C-1.3, these landscaping, parking area and dumpster enclosure improvements
will be necessary to improve the aesthetics of the property. With the provision of the above, a
positive finding with respect to compliance with the Land Development Regulations can be
made.
Future Land Use Map Consistency, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment Analysis" section of this
report. Compliance with the Land Development Regulations with respect to Standards for
Rezoning Actions and Rezoning Findings are discussed below.
Planning and Zoning Boar; 'afl Report
Delray Depot - Small-Scale r-UM Amendment and Rezoning
Page 6
CONSISTENCY: Compliance with the performance standards set forth in LDR Section
3.2.2, along with the required findings in LDR Section 2.4.5(D) (5), 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 making a finding of overall
consistency.
LDR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable
performance standard of LDR Section 3.2.2 is as follows:
(D)That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
The following zoning designations and uses border the property:
Zoninq Desiqnation:
Use:
North MIC Vacant
South CD Preserve Area
East MIC and 1-95 Right-of-Way Industrial
West MIC Industrial
The proposed MIC zoning designation of the property is consistent with the prevalent
development pattern of the surrounding properties. Furthermore, the property's existing GC
zoning designation is inappropriate since there is no access to West Atlantic Avenue, which
restricts the viability of the property for commercial activity.
LDR Section 2.4.5(D) (5):
Pursuant to LDR Section 2.4.5(D) (5), in addition to provisions of Chapter Three, 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; or
(c) That the requested zoning is of similar intensity as allowed under the Future Land
Use Map and that it is more appropriate for the property based upon cimumstances
particular to the site and/or neighborhood.
The applicant submitted a justification statement which states:
"The surrounding properties are zoned MIC, so it is more appropriate that this property
be rezoned to MIC. In fact, a portion of the property is already zoned MIC. Thus, the
requested zoning is of similar intensity and more appropriate based upon the
circumstances particular to the site and/or neighborhood".
The property has two FLUM designations (GC and CMR) and two Zoning Map designations
(GC and MIC). The requested MIC zoning for the entire property is more appropriate.
Planning and Zoning Boar¢' ' ;ff Report
Delray Depot - Small-Scale PLUM Amendment and Rezoning
Page 7
Without access to West Atlantic Avenue, the zoning designation of the property as GC is
inappropriate. The use of the property for industrial purposes is consistent with the surrounding
land uses. Therefore, a positive finding can be made the rezoning fulfills subsection (c).
The property is not in an area that requires review by the Community Redevelopment Agency
(CRA) or Downtown Development Authority (DDA).
Historic Preservation Board (HPB) :
The HPB reviewed the FLUM amendment and Zoning Map change at its meeting of December
3, 2003, and recommended approval of these applications. The Board recognized that the
CMR FLUM designation and MIC zoning designation were appropriate for the property.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of support or objection, if any, will be presented at the Planning and Zoning
Board meeting.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
r3 Presidents Council
El Progressive Residents of Delray (P.R.O.D.)
n United Property Owner's Association
Letters of support or objection, if any, will be presented at the Planning and Zoning Board
meeting.
The proposed FLUM amendment and Rezoning will provide the appropriate industrial
classification for the subject property which is appropriate given the site constraints. The
proposed use of the property as industrial will be consistent with the surrounding industrial
uses. Positive findings for the Land Use Change can be made with respect to Future Land Use
Element Policy A-1.7 of the Comprehensive Plan, LDR Section 3.1.1 and the Goals, Objectives
and Policies of the Comprehensive Plan. Positive findings can also be made for the rezoning
with respect to LDR Section 2.4.5(D) (5) and LDR Section 3.2.2. Therefore, the proposed
FLUM amendment and rezoning can be recommended for approval based upon the findings
outlined in this report.
Continue with direction;
Recommend to the City Commission approval of the small-scale FLUM Amendment from
CMR and GC to CMR and rezoning from MIC and GC to MIC for the subject property,
based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the
Planning and Zoning Boar¢r ;iff Report
Deiray Depot - Small-Scale r-UM Amendment and Rezoning
Page 8
Comprehensive Plan, LDR Section 2.4.5(D) (5), LDR Section 3.2.2, LDR Section 3.1.1 and
the Goals, Objectives and Policies of the Comprehensive Plan; or
C. Recommend denial to the City Commission of the small-scale FLUM Amendment from CMR
and GC to CMR and rezoning from GC and MIC to MIC based upon a failure to make
positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan,
LDR Section 2.4.5(D) (5), LDR Section 3.2.2 and Section 3.1.1 of the Land Development
Regulations.
Recommend to the City Commission approval of the privately sponsored small scale FLUM
Amendment from General Commercial (GC), in part, and Commerce (CMR), in part, to CMR
and Rezoning from GC, in part, and Mixed Industrial and Commercial (MIC), in part, to MIC,
based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan, LDR Section 3.1.1, LDR Section 2.4.5(D) (5), LDR Section 3.2.2 and the
Goals, Objectives and Policies of the Comprehensive Plan.
Staff Report Prepared by: Robeft G. Tefft, Senior Planner
A~tachments: Location Map, Proposed Future Land Use Map and Proposed Zoning Map
SETA
AR TIC
ICE
CENTER
CONGRESS
A V~NUE
IUTO CENTER
PALM TRAN
NOLANO
KEYSTONE
DREA TIONS
GC
N.~. 3rd ST,
Ii
2ND S%
~ TELLI TE-FA CILI TY
N.W. 1ST S%
MARTY FLAD£LL DRIVE
1ST ST.
ROYAL
COMM.
PARK OF
DELRA Y
CHEVRON
C,
RINKER
MA TERIALS
AREA OF MOOIF~ICATION
DELRAY DEPOT /
-- FUTURE LAND USE MAP AMENDMENT -- /
FROM: CMR (COMMERCE) & GC (GENERAL COMMERCIAL) TO: CMR (COMMERCE)J
SETA
AR TIC
ICE
CEN TLR
PROSPECT
CONGRESS
A VENUE
NOLAND
3RD
KEYSTONE
'~REA TION$
2ND ST,
PALM TRAN
CF
TELLI TE-FA CILI TY
DELRA Y
AWNING
MIC
MARTY FLAD£LL DRIVE
ROYAL
COMM.
PARK OF
DELRA Y
CHEVRON
1ST
ST.
RINKER
MA TERIALS
N
m
AREA OF MODIFICATION
DELRAY DEPOT
-- REZONING --
FROM: MIC (MIXEO INDUSTRIAL & COMMERCIAL) & GC (GENERAL COMMERCIAL)
l'O: MIC (MIXED INDUSTRIAL & COMMERCIAL)
ClTY OF DELRAY BEACH
NOTICE OF PROPOSED LAND
USE CHANGE AND REZONING
The City Commission of the City of Delray Beach, Florida, proposes to adopt
the following small scale amendment to the Comprehensive Plan of the City
of Delray Beach:
· A small scale Future Land Use Map (FLUM) amendment (formerly the
Train Station Depot site) FROM General Commercial (GC) in part, and
CMR (Commerce), in part, TO CMR (Commerce) and rezoning FROM GC
(General Commercial, in part, and MIC (Mixed Industrial and Commercial)
in par~ TO MIC (Mixed Industrial and Commercial) for a 1.80 acre parcel
of lan~ located at the northwest corner of interstate Highway 95 and West
At~tl~Avenue (80 Depot Avenue).
'he City Commission will conduct a Public Hearing on TIJESDAY. FEBRU-
ARY 3. 2004. AT 7:00 P.M. in the Commission Chambers at City Hal, 100
N.W. Ist Avenue, Delray Beach, Florida (or at any continuation of such meet-
ing Which is set by the City Commission). At this meeting the City
Commission will consider adopting this small scale amendment to the Future
Land Use Map of the Comprehensive Plan and the rezoning. The title of the
enacting ordinance is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNA-
TION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM CMR
(COMMERCE) IN PART AND GC (GENERAL COMMERCIAL) IN PART TO
CMR (COMMERCE); ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY
ZONED MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT IN
PART AND GC (GENERAL COMMERCIAL) DISTRICT IN PART TO MIC
(MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND BEING
A PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF
WEST ATLANTIC AVENUE AND INTERSTATE-95 (FORMER TRAIN STA-
TION DEPOT), AS MORE PARTICULARLY DESCRIBED HEREIN; AMEND-
ING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PRO-
VIDING 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 Future Land Use Map amendment and rez0ning or submit their
comments in writing on or before the date of this hearing to the Planning and
Zoningi-Departmant. For further information or to obtain copies of the pro-
posed amendment, please contact Scott Papa of the Planning and Zoning
Department, 100 N.W. 1st Avenue, Delray Beach, Florida 34444 (email at
nzmall@mvdelravbeach.com), phone (561)243-7040, between the hours of
8:00 a,m. and 5:00 p.m. on weekdays (excluding holidays).
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY
DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MATI'ER CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED
A VERBATIM RECORD OF THE PROCEEDINGS, AND FOR THIS PUR-
POSE SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH
RECORD PURSUANT TO ES. 286.0105.
CITY OF DELRAY BEACH
.... B~rb~ra G~rito, CMC
City C~lerk
PUBLISH: Friday, January 23, 2004
Boca Raton/Delray Beach News
~D ~NSOt 0410