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File #: 25-655    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 5/9/2025 In control: City Commission
On agenda: 6/3/2025 Final action:
Title: ORDINANCE NO. 01-25: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND MEASURING APPROXIMATELY 4.27 ACRES LOCATED AT 975 SOUTH CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM MIXED RESIDENTIAL, OFFICE, AND COMMERCIAL TO MIXED INDUSTRIAL AND COMMERCIAL; AMENDING THE “CITY OF DELRAY BEACH, ZONING MAP, JULY 6, 2021”; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING/ PUBLIC HEARING)
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. Ord 01-25 - 955-975 S Congress Ave - Rezoning, 3. PZB Staff Report, 4. Existing and Proposed Land Use and Zoning, 5. Justification Statement, 6. Traffic Impact Statement, 7. CBRE Congress Avenue Strategies Plan, 8. Legal Review - Ord. No. 01-25 - Rezoning 955-975 S Congress Ave, 9. BIE Ord. No. 01-25 - Rezoning 955-975 S Congress Ave, 10. Proof of Legal Advertisement, Ordinance No. 01-25
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TO:                                 Mayor and Commissioners

FROM:                     Anthea Gianniotes, Development Services Director

THROUGH:  Terrence R. Moore, ICMA-CM

DATE:                     June 3, 2025

Title

ORDINANCE NO. 01-25: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND MEASURING APPROXIMATELY 4.27 ACRES LOCATED AT 975 SOUTH CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM MIXED RESIDENTIAL, OFFICE, AND COMMERCIAL TO MIXED INDUSTRIAL AND COMMERCIAL; AMENDING THE “CITY OF DELRAY BEACH, ZONING MAP, JULY 6, 2021”; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING/ PUBLIC HEARING)

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Recommended Action:

Recommendation

Consider Ordinance No. 01-25, a privately initiated rezoning from Mixed Industrial and Commercial (MROC) to Mixed Industrial and Commercial (MIC) for the 4.27 acre property located at 955-975 South Congress Avenue.

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Background:

The subject request is to rezone a 4.27-acre parcel located at 955-975 South Congress Avenue from MROC to MIC. The request is being reviewed and processed concurrently with a small-scale land use map amendment request from Congress Avenue Mixed Use (CMU) to Commerce (CMR).

This property was previously zoned MIC before being rezoned to MROC as part of a City-initiated rezoning of the corridor in 2007 (Ordinance No. 05-07). The property is developed with two commercial/office/warehouse buildings that were established under the previous MIC zoning. As a result, the property owner has experienced challenges to sustain and attract businesses that are permitted under the MROC zoning district. Many of the established uses were deemed nonconforming uses after the 2007 rezoning from MIC to MROC, and LDR Section 1.3.4(B)(2) states that a nonconforming uses may not be re-established if the use ceases for a continuous period of 180 days. This is often a difficult...

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