File #: 20-725    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 9/4/2020 In control: City Commission
On agenda: 10/6/2020 Final action: 10/6/2020
Title: ORDINANCE NO. 34-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A SMALL SCALE LAND USE MAP AMENDMENT RE-DESIGNATING LAND APPROXIMATELY 0.57± ACRES IN SIZE FROM HISTORIC MIXED USE (HMU) TO COMMERCIAL CORE (CC), PURSUANT TO SECTION 163.3187, FLORIDA STATUTES, FOR THE PROPERTIES LOCATED AT 37 WEST ATLANTIC AVENUE AND AN ABUTTING UNADDRESSED PARCEL TO THE EAST, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (FIRST READING)
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. Ord. No. 34-20: Land Use Designation, 3. Ord. No. 34-20: PZB Staff Report, 4. Ord. No. 34-20: Location Map, 5. Ord. No. 34-20: Land Use justification, 6. Ord. No. 34-20: Traffic Study, 7. Ord. No. 34-20: Docs Place Renderings, 8. Ord. No. 34-20: DDA Review, 9. Ord. No. 34-20: Legal Review
TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Jennifer Alvarez, Interim City Manager
DATE: October 6, 2020

Title
ORDINANCE NO. 34-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A SMALL SCALE LAND USE MAP AMENDMENT RE-DESIGNATING LAND APPROXIMATELY 0.57± ACRES IN SIZE FROM HISTORIC MIXED USE (HMU) TO COMMERCIAL CORE (CC), PURSUANT TO SECTION 163.3187, FLORIDA STATUTES, FOR THE PROPERTIES LOCATED AT 37 WEST ATLANTIC AVENUE AND AN ABUTTING UNADDRESSED PARCEL TO THE EAST, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (FIRST READING)

Body
Recommended Action:
Recommendation
Review and consider Ordinance No. 34-20 on First Reading, a privately initiated land use map amendment redesignating the property located at 37 West Atlantic Avenue and an abutting unaddressed parcel to the east from Historic Mixed Use (HMU) to Commercial Core (CC).

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Background:
The subject request is to change the land use designation for two properties from HIstoric Mixed Use (HMU) to Commercial Core (CC). The two properties consist of an unaddressed parking lot located west of 10 North Swinton Avenue (Doc’s All American) and 37 West Atlantic Avenue (Dunkin Donuts). The properties are located within the Old School Square Historic District; the structure at 37 West Atlantic Avenue is classified as non-contributing as it was constructed in 1980 (Church’s Fried Chicken). Comprehensive Plan Amendment 91-1, approved in 1991, changed the Land Use Designation to Other Mixed Use (OMU) for properties zoned Old School Square Historic Arts District (OSSHAD); with the adoption of the Always Delray Comprehensive Plan on February 4, 2020, the land use district name changed to Historic Mixed Use (HMU).

Pursuant to LDR Section 2.4.5(A), Comprehensive Plan amendments must follow the procedures outlined in the Flo...

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