74-91 ORDINANCE NO. 74-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING A PORTION OF THE
COMPREHENSIVE PLAN AMENDMENT 91-1 PURSUANT TO THE
PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE
PLANNING AND LAND DEVELOPMENT REGULATIONS ACT" FLORIDA
STATUTES SECTIONS 163.3161 THROUGH 163.3243,
INCLUSIVE, BEING A CHANGE TO THE FUTURE LAND USE MAP
FROM GENERAL COMMERCIAL LAND USE DESIGNATION TO
TRANSITIONAL LAND USE DESIGNATION FOR A PARCEL OF LAND
LYING AND BEING ON THE SOUTHEAST CORNER OF LINTON
BOULEVARD AND FEDERAL HIGHWAY, REFERRED TO AS
AMENDMENT #2, OLD HARBOR OFFICE CENTER, OF THE LAND
USE PLAN ELEMENT; PROVIDING A SAVING CLAUSE; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE.
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 on the
following described property in the City of Delray beach, Florida, is
hereby changed to that of Transitional as defined in the Land Use
Element of the Comprehensive Plan of Delray Beach, Florida, to-wit:
All of the Plat of Old Harbor Office and Bank
Facility, as recorded in Plat Book 42, Page 61, of the
Public Records of Palm Beach County, Florida
Together with
All of the Plat of Old Harbor Office and Bank Facility
II, as recorded in Plat Book 42, Page 62, of the
Public Records of Palm Beach County, Florida.
The above described parcel contains a 9.98 acre parcel
of land, more or less.
The subject property is located on the southeast
corner of Linton Boulevard and South Federal Highway,
Delray Beach, Florida.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Future Land Use Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. 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 5. That this ordinance shall become effective imme-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 8th day of October , 1991.
ATTEST:
- City Cler~ '
First Reading September 24, 1991
Second Reading October 8, 1991
-2- Ord. No. 74-91
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~/CI~ MANAGER
ORDINANCE NO. 74-91
DATE: October 4, 1991
This is a second reading of an ordinance adopting a portion of
Comprehensive Plan Amendment 91-1 by amending the Future Land Use Map
designation from General Commercial to Transitional for a parcel of
land located on the southeast corner of Linton Boulevard and Federal
Highway, referred to as Amendment #2, 01d Harbor Office Center.
At your September 24th meeting this item was separated from the
ordinance adopting Plan Amendment 91-1. A detailed staff report is
attached as the backup material for this item.
Recommend approval of Ordinance 74-91 on second and final reading.
CITY COMMISSION DOCUMENTATION
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 8, 1991
ORDINANCE 74-91~ FUTURE LAND USE MAP AMENDMENT RE OLD
HARBOR OFFICE CENTER
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of this Ordinance which will change the Future Land
Use Map designation for the 9.93 acre Old Harbor Office
Center from Commercial to Transitional.
The project is located at the southeast corner of Linton
Boulevard and Federal Highway.
BACKGROUND:
This proposed Future Land Use Map amendment was initiated by the
City in order to correct an error which occurred upon adoption of
the Future Land Use Map.
The subject property was developed as an office complex under the
SAD zone designation. Under unknown circumstances the site was
later designated as LC on the zoning map. That designation was
then transferred, as commercial, to the original Future Land Use
Map. Upon rezoning, pursuant to F.S. 163, the error was
discovered.
At first reading of the ordinance for Plan Amendment 91-1, the
property owner sought retention of the designation. The City
Commission then separated consideration of this specific parcel
from the balance of the Future Land Use Map amendments so that it
could be acted upon on its own merits. Special notice has been
provided to property owners within 500' of the property.
ANALYSIS AND COMMENT:
Apparently, the City Commission's initial decision to consider
the item separately might have been due to the potential for
an Office Depot outlet locating on the ground floor. That
potential has been research and has been deemed incorrect.
City Co.mid,Ion Dooum~ntatlon ~
Ordinance 74-91, Future Land Use Map Amendment
Re Old Harbor Office Center
Page 2
It appears ill advised to deter from the path set-out earlier
this year in proceeding with the correction. While the
opportunities being discussed involve a single retail tenant for
the 14,600 sq.ft, of ground floor space, the request to
accommodate a commercial designation on the 9.9 acre site
provides for much more commercial activity.
A more prudent path would be to proceed with the change and then
allow the property owner to come forward with a Plan Amendment
based upon a firm development concept and the attendant
assessment information such as a traffic study and
appropriateness of retail commercial activities at this location.
With such information the appropriate Plan Amendment, if any, can
be described. Such options include a full change, a partial
change, or a mixed use concept.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item only as
a part of the Plan Amendment consideration earlier in the year.
The most recent information and consideration has not been before
the Board.
RECOMMENDED ACTION:
By motion, approval of Ordinance 74-91 on second reading.
Attachment:
* Location map and fact sheet from the Plan Amendment package.
DJK/#85/CCHARBOR.TXT
AMENDMENT: #2 Old Harbor Office Centre
SIZE: 9.93 acres
LOCATION: The south east corner of Federal Highway (US 1) and Linton Boulevard
EXISTING USE: Office Center, Bank w/drive-thru window
EXISTING LAND USE DESIGNATION: General Commercial
ADJACENT LAND USE DESIGNATIONS: See large Future Land Use Map
PROPOSED LAND USE DESIGNATION: Transitional
AVAILABILITY AND DEMAND ON PUBLIC FACILITIES:
(Sanitary Sewer, Solid Waste, Drainage, Potable Water,
Traffic Circulation and Recreation)
There are no adverse impacts upon public facilities as the amendment reflects
the existing use of the property.
COMPATIBILITY OF CHANGE WITH LAND USE ELEMENT, OBJECTIVES
AND POLICIES OF THE PLAN:
There are no conflicts with existing comprehensive plan elements
goals, objectives or policies; nor with any amendments proposed herein.
~'IC: ISL.~
G.M' S o, BERMUDA
ACRi HIGH WEST
BK. 36
BK. 29
QUaL
BK. 47~
~ BK.29, PG.210,211
LAND USE PLAN AMENDMENT
Old Harbor Office Center ~
BK.~9 - PO.~O
10/02/91 c: Commission
City Manager .'September 30, 1991
David Kovacs
RAB:m~ayor Thomas Lynch
City of Delray Beach '" ':J'~,~" ~._..:
Delray Beach City Hall ·
100 N.W. First Avenue
Delray Beach, FL 33444
Dear Mayor Lynch:
Re: Plan Amendment 91-1
Land Use Plan Designation for Old ~arbor Office Center
As residents of Tropic Isle, we strongly urge the Delray
Beach City Commission to pass Plan Amendment 91-1 which changes
the land use designation for Old Harbor Office Center from
General Commercial to Transitional with the current POC (Planned
Office Center) zoning to remain as is.
We 'feel that, 'of available Land Use Designations, this is
the one which wall retain the character of Special Activities
District. (SAD) under which 01d Harbor Office Center was
originally, developed. At that time, there were lengthy
negotiations with the residents of Tropic Isle and we were
promised that if we agreed to a SAD designation, this would be
permanent and never changed. The City has breached this promise
and whether this resulted from oversight, error, or intentional
actions, we demand that limited use of this parcel be retained by
passing the subject Amendment.
Residents of Tropic Isle were not notified of the September
24, 1991, hearing on the matter or we would have been there in
force. We received a notice of the 2nd hearing on Saturday,
September 28, 1991.
While we sympathize with the new owner, this is not the only
office complex with empty space and we do not feel that the City
owes the owner a change in Land Use Designation just so he can
rent his space. It is certainly the responsibility of a buyer to
investigate the Land Use Desig'nation and Zoning of . a piece of
property before he purchases it. The Owner's argument that the
seller, Bank of'Boston, "told" him how the property was
designated should carry no weight with the Commission.
We, as property owners in Tropic Isle, who abut this
property will literally have to live with the results of the
Commission's decision in our own back yards.
We respectfully request that this Amendment be passed..
Signed,
Property owners and residents at:
Telephone: ~%-~ ~'~'~¢/.., ~ ~. ,,~
ORDINANCE NO. 74-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING A PORTION OF THE
COMPREHENSIVE PLAN AMENDMENT 91-1 PURSUANT TO THE
PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE
PLANNING AND LAND DEVELOPMENT REGULATIONS ACT" FLORIDA
STATUTES SECTIONS 163.3161 THROUGH 163.3243,
INCLUSIVE, BEING A CHANGE TO THE FUTURE LAND USE MA~
FROM GENERAL COMMERCIAL LAND USE DESIGNATION TO
TRANSITIONAL LAND USE DESIGNATION FOR A PARCEL OF LAND
LYING AND BEING ON THE SOUTHEAST CORNER OF LINTON
BOULEVARD AND FEDERAL HIGHWAY,' REFERRED TO AS
AMENDMENT ~2, OLD HARBOR OFFICE CENTER, OF THE LAND
USE PLAN ELEMENT; PROVIDING A SAVING CLAUSE; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING .AN EFFECTIVE
DATE.
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 on the
following described property in the City of Delray beach, Florida, is
hereby changed to that of Transitional as defined in the Land Use
Element of the Comprehensive Plan of Delray Beach, Florida, to-wit:
All of the Plat of Old Harbor Office and Bank
Facility, as recorded in Plat Book 42, Page 61, of the
Public Records of Palm Beach County, Florida
Together with
All of the Plat of Old Harbor Office and Bank Facility
II, as recorded in Plat Book 42, Page 62, of the
Public Records of Palm Beach County, Florida.
The above described parcel contains a 9.98 acre parcel
of land, more or less.
The subject property is located on the southeast
corner of Linton Boulevard and South Federal Highway,
Delray Beach, Florida.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. 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 5. That this ordinance shall become effective imme-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the ~ day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
-2- Ord. No. 74-91
RATONd~ DELRAY~BOYNTON BEACH~ DEERFIELD BEACH
BOCA ~~ lNG 'ZONING DISTRICT'MAP. ~L-
V)DI~ A ~RAL RE~R
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Published Daily ,,yE
Monday through Sunday
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appeared Robert Hilton, Vice President of ~~,.~.,.,., ~..o o,sa,, ~,.
Marketing of The News, daily newspapers .~,, ~ ~ ~ ,m. ,. ~ c~us.~ ~,0,~ ~ ~v,~
published in Boca Baton in Palm Beach ,. A~, ~lra. ~, a' ~" T,VEDATE.
County, Florida; that the attached copy of ~ '"'''. TM~'
advertisement was published in said news- ~ ' ~ Ci~ C~ at ~ Ci~ AN ORDI~E OF THE CITY C~
TRICT. IN PART, AND ~ (OPEN
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B~CH, FLORi~, A~PTING ~R-ED IN ~T ~K ~ PAGES
Tl~ ~ C~PREHENSIVE P~N AND 1~, ~ THE ~BLIC RECORDS
~N~ENT fM PURSUANT TO OF PA~ a~H C~flTY, FLORP
THE PROVISI~S OF THE ~L DA; ~D ~gOl~ ~ON~
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~NT ~EGU~TION ACT,' FLORS- GENERAL REPEALER C~U~;
DA STATUTES SECTIONS 1~.3~1 PROVIDING A ~VING
Affiant further says that The News is a T""~O. l".~, '"CLUSlVE; '~
newspaper published in Boca Baton, in said ~Ls. OBJECTIVES A.O ~'-
CIES O~ THE ~NOEX, CONSERV~
Palm Beach County, Florida, Monday ~,0. ~.~, ~.uc
~ENT. OPEN SPACE AND RECRE-
through Sunday, and has been entered as ,~,o. ~.,, .ous,.~ ~. ~. o.o,.~.c~ ~ T.~ c,.. c~
ME"T. COASTAL ~NAG~ENT MISS'~ ~ 7~ CITY OF DEL~AY
second class matter at the post office in tLE~ENT, ~NO USE t~t"'. "~AC", F~O"I~. A~PTI"O
CAPITAL ~MPROVEMENT5 ELE' ~RTI~ OF THE
~Ak C~ROINATI0~ [LE~EN1 S~ANT TO THE PROVIS~ONS
for a period of one year next preceding the a,s~o u~, A, ASSES~ENT O~ TH~ ~L
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first publication of the attached copy of ABILITY OFRESOURCESANDNEW LAND DEVELOPMENT
INFO~TION; IN~LUDINGTIONS AC~ ~LORIDA STATUTES
advertisement; and affiant further says that c..~Es re r.E ~u,u. ~o s~cT,o.s ~..~.,
USE ~P FOR EIGHT (I) PARCELS I~.~ ~CLUStVE, BEI~ A
he has neither paid nor promised any ~rs°~ ~.o; .o'"C[U°'"°~... ~E.~,v, us~C"*"O~.TO~.~T"~ Ot.~.L~UTU"E ~.Oc~
'~E~UIREME~TS ~OR ~APJTAL ~EROAL ~D USE DESIG~ATI~
person, firm or corporation any discount, ,...O~E*~..s ,~.CEMt.TA-
TION'; INCLUDING ~EN~ENTS JGNATION FOR A PARCEL OF
rebate, commission or refund for the pUT- to .A.T v, 'P.~E~.ES ~0. ~.0 C.,~ ~.0 e~,~ ~ THE
~NITORING AND EVALUATION ~TH~T CORNER OF LiNTON
pose of securing this advertisement for pub- o.T.E .~..; a.o ,.CLUD,.O .OULEV*R. ~.0 FEDERAL
lication in said newspapers. ~.. OF ~JO" FEATURES OF ~NT ~ OLD ~"~" ~FtCE
THE ~PREHENSIVE P~N, CO~ CENTER. ~ THE ~D USE ~N
SERVAT~ON ELEMENT, PUBLIC FLUENT; P~IOI~ A
FACILiTiES ELEMENT, TRAFFIC C~USE: P~IDI~ A GE~E~
REATION ELEMENT. ~NO USE AN EF~ECTIV~ DATE.
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Sworn to and subscribed before ~,O'NO iN tFFECTIVE OATE. ~ ~ ~ ~ . ~t~ ~a
. AN ORDINANCE O~ THE CITY C~ ~. T~ C~ ~ ~ ~
MINION OF THE CITY OF OELRAY ~ ~ ~. ~ ~
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ALO~ THEEAST SIDE ~ I~TE~-
STATE 9SBETWEEN AUDUBON PUBLISH: ~ 2,
~/~~ ~ULEVARO AND T"~ C-IS CANAL. THE NEWS
(Seal. Notary Public ~Florida at large)
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