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Ord 76-05 (' /"') ORDINANCE NO. 76-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING INITIAL ZONING OF GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE WEST SIDE OF MILITARY TRAIL, 100 FEET NORTH OF CONKLIN DRIVE AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, at its meeting of July 18,2005, 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 the establishment of an initial zoning classification of GC (General Commercial) District, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. 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 GC (General Commercial) District for the following described property: Southerly 155.98 feet of the easterly 286.59 feet of the northeast quarter (NE 'I.) of the northeast quarter (NE 'I.) of the northeast quarter (NE 'I.) of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida (Less Military Trail R/W) (' /,\ = Section 3. 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 2 hereof. 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.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 immediately upon the effective date of Ordinance 56-05, under which official land use designation of GC (General Commercial) is affixed to the subject parcel hereinabove described. L ~J!.~SSED A~DOPTED in regular session on second and final reading on this the aay of ~ u...\...o ~ , 200..5.. ATTEST 8~f 1tA,- ~-~ \). ~WbL:-' City Clerk First Reading \\\ VS \ D'? Second Reading \ "2...\\ ~ \ \)') \ 2 ORD NO. 76-05 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS CITY MANAGER tJfi1 AGENDA ITEM # \ ~ 't:. - REGULAR MEETING OF DECEMBER 6. 2005 ORDINANCE NO. 76-05 (REZONING - VALERO GAS STATION.) FROM: SUBJECT: DATE: DECEMBER 2, 2005 This Ordinance is before Commission for second reading and Qllasi:JlIdiciaf hearing for a rezoning from County GC/SE (General Commercial/Special Exception) to GC (General Commercial) for a 0.96 acre parcel of land for Valero Gas Station, located on the west side of Military Trail, 100 feet north of Conklin Drive. The Valero Gas Station was legally established by Resolution No. 81-1212, approved on September 29, 1981 by the Board of County Commissioners. On August 16, 2005, via Ordinance No. 63-05, the site containing Valero Gas Station was annexed into the City. A related Future Land Use change from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City GC is accompanying this request and is being processed as part of Comprehensive Plan 2005-2. On July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony. After reviewing the staff report and discussing the proposal, the Board voted 6-0 to recommend to the City Commission that the request be approved. Recommend approval based upon the findings of fact and law contained in the staff report, finding that the request is consistent with the Comprehensive Plan, and based upon positive findings with respect to Land Development Regulations (LDR) Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(0)(5) (Rezoning Findings). At the first reading on November 15, 2005, the City Commission passed Ordinance No. 76-05. Recommend approval of Ordinance No. 76-05 on second and final reading. S:\City Clerk\agenda memos\Ord 76-05 Valero Gas Station Rezoning 120605 ~ I . CIW'COMMISSIONDOOOII,lIl!!tftATiOi\i<< ,,,,,',;c;,,,"'" HI . ")T FROM: DA'!/9:::t EN CITY MANAGER PA~ DORLlNG, 01 TOR OF PLAN~NG AND ZONING ESTELlO BRETO, SENIOR PLANNER~. Uv~ MEETING OF NOVEMBER 15, 2005 REZONING FROM COUNTY CG/SE (COMMERCIAL GENERAL/SPECIAL EXCEPTION) TO CITY GC (GENERAL COMMERCIAL) FOR A PARCEL WHICH CONTAINS VALERO GAS STATION. THE PARCEL IS A 0.96 ACRE SITE. LOCATED ON THE WEST SIDE OF MILITARY TRAIL. APPROXIMATELY 100 FEET NORTH OF CONKLIN DRIVE. TO: THRU: SUBJECT: I BACKGROuND .' ., . ..".,.,,,,,,,>>: """<>:.::".: The Valero Gas Station was legally established by Resolution No. 81-1212, approved on September 29, 1981 by the Board of County Commissioners. The 0.96 acre site which contains Valero Gas Station was annexed into the City via Ordinance No. 63-05 approved by the City Commission at its meeting of August 16, 2005. A related Future Land Use Change from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City GC (General Commercial) is accompanying this request and is being processed a part of Comprehensive Plan 2005-2. PLANNING AND ZONING'SOARD CQNSIDEJV;'l'ION '. .. I At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with this request. After reviewing the staff report and discussing the proposal, the Board voted unanimously to recommend that the request be approved. The request was approved based upon finding the request is consistent with the Comprehensive Plan and positive findings with respect to LOR Sections 3.1.1, 3.2.2, and 2.4.5(0)(5). I . .... R~COMME~.liIEDACl1bN! ..:::<:: ....:. m+"" " '1 .c""..'.."''''''.' "''''i,,,'''''''''' By motion, approve on first reading, the ordinance for Rezoning from County CG/SE (Commercial General/Special Exception) to City General Commercial (GC) for the Valero Gas Station, based upon the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(0)(5) of the Land Development Regulations. Attachments: Staff Report prepared for the P & Z meeting of July 18, 2005 \G-~ L ORDINANCE NO. 76-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ESTABLISHING INITIAL ZONING OF GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE WEST SIDE OF MILITARY TRAIL, 100 FEET NORTH OF CONKLIN DRIVE AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, at its meeting of July 18, 2005, 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 the establishment of an initial zoning classification of GC (General Commercial) District, based upon positive findings; and WHEREAS, pursuant to Florida Statutes l63.3l74(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section I. That the recitations set forth above are incorporated herein. Section 2. 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 GC (General Commercial) District for the following described property: Southerly 155.98 feet of the easterly 286.59 feet of the northeast quarter (NE Y-.) of the northeast quarter (NE Y-.) of the northeast quarter (NE Y-.) of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida (Less Military Trail R/W) Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map ofthe City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof. 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 immediately upon the effective date of Ordinance 56-05, under which official land use designation of GC (General Commercial) is affixed to the subject parcel hereinabove described. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,200_ ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 76-05 PLANNING AND ZONING BOARD CITY OF DElRA Y BEACH MEETING DATE: AGENDA ITEM: ITEM: July 11, 2004 IV.D.2.b. Future land Use Map designation change from County CH-8 (Commercial High with an Underlying High Residential, 8 dulac) to City TRN (Transmonal) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District) for Watkins Truck Terminal and Public Storage Facility; and Future Land Use Map designation change from County CH-8 (Commercial High with an Underlying High Residential. 6 dulac) to City GC (General Commercial) and rezoning from County CGlSE (Commercial General/Special Exception) to City General Commercial (GC) for Valero Gas Station. The three parcels are contained in a 9.13 acres site located on the west side of Military Trail approximately 1.400' south of Lake Ida Road. GENERAL DATA: Owner/Applicant......................... City of Delray Beach Agent.......................................... City of Delray Beach Location...................................... West side of Military Trail approximately 1400' south of Lake Ida Road. Property Size.............................. Existing County Future Land Use Map Designation ........................ Proposed City Future Land Use Map Designation......................... 9.13 Acres CH-8 (Commercial High with an Underlying High Residential. 8 du/ac) GC (General Commercial) in part. and TRN (Transitional) in part. Existing County Zoning............... CG/SE (Commercial General Special Exception) Proposed City Zoning................. GC (General Commercial), in part. and SAD (Special Activities District) in part. Adjacent Zoning................North: Palm Beach County Single Family Residential (RS) East: Residential Medium Density (RM) and Planned Office Center (POC) South: Palm Beach County Agricuitural Residential (AR) and City Automotive Commercial lAC) West: Palm Beach County Agricultural Residential (AR) Existing Land Use...................... Truck Terminal, Storage Facility. and Gas, Station Same as existing 12" water main located along MilitaryTrail. Sewer Service............................. Sewer service is available from a lift station at the north east comer of the site Proposed Land Use.................... I Water Service............................. ---STAFF REPORT --- '" R 0 A 0 - P TA f'1I CANAL POST ~ - OFFIC[ NlGl-/POINT l/>.K( => 0 V> t} Q;-S . 'li ~~ 'y-q:.'l-'\ , ~f ,,> I I, . ,~ ; IV.D.2.b. The action before the Board is that of making a recommendation tq. the City Commission on Voluntary Annexation, Future Land Use Map Amendments and Rezoni~g as follows: o Parcel 1 - Public Storage Facility: Future Land Use Map designation change from County CH-8 (Commercial High with an Underlying High Residential. 8 du/ac) to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District). o Parcel 2 - Watkins Truck Terminal: Future Land Use Map designation change from County CH-8 (Commercial High with an Underlying High Residential, 8 dulac) to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District). o Parcel 3 - Valero Gas Station: Future Land Use Map designation change from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City GC (General Commercial) and rezoning from County CG/SE (Commercial General/Special Exception) to City General Commercial (GC). The three parcels are contained in a 9.13 acres site located on the west side of Military Trail approximately 1,400' south of Lake Ida Road. 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. -,.;- '.i11~',i~~{i'~)J.~~~ ,.' . .' . ". - ~- _.', - - ': ' ,- ',' '_ - _ _ _ '::-:-~~~:i,_ ' . ".- '". _,',' '. . . '.' ,_ .Ii ;;"".....f _,_ . '. . _" .;.' . ..._... _ ... ,.Jtt>PA"":,, >' ; The subject property is 9.13 acre site which contains three parcels located on the south side of Canal L-32 and to the north of Conklin Drive and front on Military Trail. The property is bound to the south by Tire Kingdom and La Sedona town house development. To the west the property is bound by the Rockland Park Single Family Subdivision located along Conklin Drive; to the north by High Point of Delray West (Condo Development); and to the east (across Military Trail) by High Point of Delray East (Condo Development) and Pylon Professional Center. The subject property contains Valero Gas Station, a Public Self Storage facility and Watkins Truck Terminal. The truck terminal known as Watkins Motor Lines was legally established by Resolution No. 71-299 approved on August 19, 1971 by the Board of County Commissioners which modify the zoning from A-1 (Agricultural District) to C-2 (General Commercial District) to allow a truck terminal facility (Watkins Motor Lines truck terminal) on the northem portion of the property. Valero Gas Station was legalty established by Resolution No. 81-1212 approved on September 29, 1981 by the Board of County Commissioners which granted a special exception to allow an auto service station on the southeast portion of the property. The Public Self Storage facility was legally established by Resolution No. 84-1857 approved on December 11. 1984 by "'Iannlng and Zoning Board St,eport: Meeting of 07/18105 Valero Gas Station, Watkins TruCK Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 2 the Board of County Commissioners which granted a special exception to allow an enclosed storage facility on the southwest portion of the property. The access to these parcels is directly from Military Trail. The property is under the jurisdiction of Palm Beach County but is in a designated annexation area for the City of Delray Beach. The City has an Advisory land use designation of TRN (Transitional) on the property that allows the establishment of uses which are compatible with adjacent residential use. The applicants are currently receiving water service from the City and are contiguous to the City limits to the east This water was provided pursuant to a water service agreement which contains an annexation clause. The execution of that agreement was a consent to voluntary annexation under Florida Statute 171.044(1), when the property is contiguous to the corporate limits of the City and the City Commission deems it to be in the best interests to the City to annex the property. The Future Land Use amendment and rezoning of the subject property will part. of Comprehensive Plan Amendment 2005-2 September 2005 to be adopted in September 2005. Current Land Use DesiQnation: The current land use map designation for the property is County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac). The current City Advisory designation is TRN (Transitional). Requested Land Use DesiQnation: The requested Future Land Use Designation is to City TRN (Transitional) for Watkins Truck Tenminal and the Public Self Storage facility and to City GC (General Commercial) for Valero Gas Station. Florida Statues GoverninQ Voluntary Annexations: Pursuant to the Florida Statutes 171.044 (1) "the owner or owners of real property in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality. . The proposed GC land use designation for the Gas Station is not consistent with the advisory designation of Transitional. However, given the long standing use it would appear inappropriate to apply a designation which would make the existing use non-Gonforming. In the case of the other two uses they are currently allowed in industrial districts. While the proposed zoning will allow the uses to continue, the long term redevelopment of the sites to a use more consistent with the transitional land use and compatible with adjacent residential areas is desired. Land Development ReQulations GoverninQ Annexations: Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the annexation of contiguous property, under his ownership. pursuant to Florida Statutes. The property owners consented to voluntary annexation via execution of the water service agreement. It is noted that all the parcels are subject to the voluntary annexation. The original agreement was signed by Watkins Truck facility and parcels were later sold off for development as the Self Storage and Gas Station facility. However, as the agreement runs with the land all these parcels are now subject to annexation. Planning and Zoning Board Staff i>Ort: Meeting of 07/18/05 Valero Gas Station, Watkins TruCk "ennlnal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 3 Land Use Analvsis: Conslstencv Between the City and County Land Use DesiQnations: The proposed City Advisory Land Use Map Designation for the property is TRN (Transitional). The existing County Future Land Use Map Designation for the property is CH-8 (Commercial High with an Underlying High Residential, 8 du/ac). The City's TRN Land Use Designation is consistent with the County's residential component of the CH-8 designation in that residential developments with a density between fIVe and twelve units per acre are allowed. However, the Transitional land use designation does not allow commercial development other than that of a neighborhood scale. Given the development of adjacent properties with predominantly residential uses it would appear more appropriate to limit redevelopment to those allowed in City zoning districts consistent with a Transitional land use designation (office, medium density residential, or neighborhood residential commercial) rather than heavy commercial uses. Adlacent Land Use Map DesiQnations. ZoninQ DesiQnations and Land Uses: The following zoning designations and uses abut the subject property: Zoning Designation Use North: Palm Beach County Single Family High Point of Delray West (Condo Residential (RS) Development) Palm Beach County Agricultural Rockland Park Single Family South: Residential (AR) and City Automotive Subdivision (Along Conklin Drive) and Commercial lAC) Tire KinQdom Residential Medium Density (RM) and High Point of Delray East (Condo East: Planned Office Center (POC) Development) and Pylon Professional Center West: Palm Beach County Agricultural Rockland Park Single Family Residential" (AR) Subdivision (Alono Conklin Drive) North: North of the subject property, has a Palm Beach County zoning of RS (Residential Single Family). The property is developed and contains multiple family structures. South: To the south, across Conklin Drive, has a Palm Beach County land use designation of LR-3 (Low Residential 3 - du/ac) and a City Land Use designation of MD (Residential Medium Density). The property is zoned County Agricultural Residential (AR). The existing land use is a single family subdivision located along the perimeter of Conklin Drive. Also, to the south (at the intersection of Conklin Drive and Military Trail) the property is zoned County Commercial General Special Exception (CG/SE) and is vacant land. West: The abutting property to the west has a Palm Beach County land use designation of Low Residential 3 - du/ac (LR-3) with a City land use designation of MD (Residential Medium Density). The property is zoned County Agricultural Residential (AR). The existing land use is a single family home and horse farm located on a five acre parcel. planning and Zoning Board Stt'\eport: Meeting of 07/18/05 Valero Gas Station, Watkins TrucK Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 4 East: East of the property (across Military Trail) has a City land use designation of MD (Medium Density Residential) 5-12 du/ac) and-is zoned RM (Residential Medium Density). The property to the east is known as High Point of Delray East Condo development. Staff is recommending that although the adjacent development pattern to the west and to the north, and a portion to the south consists of RL (Multifamily Residential Low Density) and AR (Agricultural Residential) a land use change to General Commercial and rezoning of GC (General Commercial) for the southeast portion of the property, and a land use change to Transitional (TRN) and rezoning of SAD (Special Activities District) for the balance of the property can be supported. This rezoning will maintain consistency with the development pattern to the south and will avoid creating non-conforming structures of these previously legally established uses. The Transitional land use and SAD zoning will allow flexibility in future development but will not promote further industrial development upon redevelopment as currently exists on the site. Allowable land Uses: Under the proposed GC (General Commercial) zoning designation gasoline stations are allowed as a conditional use [Ref: LDR Section 4.4.9(D)(9)]. Within the SAD (Special Activities District) zoning designation all uses which are allowed are established at the time of establishment of the SAD zoning through inclusion in the rezoning ordinance. Additional uses may be allowed after review and recommendation by the Planning and Zoning Board and approved (via ordinance) by the City Commission. Therefore, the existing Truck Terminal and Public Self Storage Facilities will become penmitted uses with the adoption of the SAD zoning for this site. REQUIRED FIDINGS: LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS: Pursuant to lOR Section 3.1.1, prior to approval of Land Use 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 (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. o 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. Pursuant to Land Development Regulations 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 proposed General Commercial (GG) zoning district is consistent with the proposed General Commercial (GG) FLUM designation. Under the proposed GC (General Commercial) zoning district gasoline stations are allowed as conditional use to the GC District. The SAD zoning is deemed consistent with any land use designation on the Future Land Use Map and has been established to allow for projects which are not otherwise classified in other zone districts. With the adoption of the SAD (Special Activities District) zoning designation the Planning and Zoning Board Staff port: Meeting of 07/18105 Valero Gas Station, Watkins Truck terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD PageS public self storage facility and truck terminal will become permitted uses at that site. This will allow the current uses to remain conforming yet not encourage future industrial redevelopment. Based on the above, positive findings can be made with respect to FLUM consistency. Q Concurrency: Development at the highest intensity possible under the requested desIgnation can meet the adopted concurrency standards. The proposal involves amending the FLUM designation from CH-8 to GC for the southeast portion of the property and to TRNfor the remaining balance on a 9.3 acres site that contains three parcels. The proposed FLUM Amendment will accommodate existing uses. While impacts will not increase they will shift from County providers to City providers. It is noted the City has provided the site with water service for many years and will continue to do so upon annexation. Concurrency findings with respect to Solid Waste and Sewer are discussed below: Solid Waste: The existing 924 square feet of gasoline station floor area generates 13.63 tons of solid waste per year (924 sq.ft x 29.5.12,000 Ibs. = 27,258 Ibs or 13.63 tons). The existing 49,423 square feet of public storage floor area generates 128.50 tons of solid waste per year (49,423 sq.ft x 5.2.12,000 Ibs. " 256,999 Ibs or 128.50 tons). The existing 17,980 square feet of truck terminal floor area generates 82.71 tons of solid waste per year (17,980 sq.ft x 9.2.12,000 Ibs. = 165,416 Ibs or 82.71 tons). Total waste generated by the existing uses is 225 tons. This amount of solid waste can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals and existing facilities till the year 2024. Sewer: Sewer service is available from a lift station at the northeast corner of the site. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Q Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these 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 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 anatysis 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. Planning and Zoning Board Sti eport: Meeting of 07/18/05 . I Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 6 The proposal involves annexation of unincorporated property which requires changing the FLUM designation from County to City. The current County FLUM designation is CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) and the proposed City's designation is GC (General Commercial) for the southeast portion of the property, which provides basic regulations for small parcels that are best suited for general retail use but which are not of sufficient size to be designed in a planned sense. The proposed City's land use designation for the balance of the property is TRN (Transitional). The City's FLUM designation being applied is also the City Advisory designation of TRN. As the designations are either the adopted City Advisory designations (TRN) or are of similar intensity and more appropriate given existing approved development (General Commercial), the data and needs analysis are met. Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicabie physicai considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. The subject property at the time it was established did not have any unique environmental characteristics that would have prohibited development of the site or require mitigation measures. The property was developed in a manner that was complimentary to the adjacent use located to the south (a tire and auto-repair service known as Tire Kingdom) and also to the adjacent residential areas with the provision of a buffer along the west, and south portion of the site. It is noted, that Resolution No. R-81-1212 of the Board of Commissioners of Palm Beach County made the following finding of fact with regards to the gasoline station: 1. The proposal would be in harmony and compatible with the present and future development of the area concerned. It is also noted, that resolution No. R-84-1857 of the Board of Commissioners of Palm Beach County allowed an enclosed storage facility on the property subject to the following conditions: 1. The Property Owner shall convey for the ultimate right-of-way of Military Trail, 60' feet from centerline approximately an additional 10 feet within 90 days of adoption of the resolution by the Board of County Commissioners; conveyance must be accepted by Palm Beach County prior to issuance of first building permit; 2. The developer shall be permitted only one access onto Military Trail within the existing 20 foot ingress/egress easement. 3. Prior to certification by the Site Plan Review Committee, the site plan shall be modified to reflect: . Placement of a required 6' masonry wall along the western and southern property lines so that tree planting may be included between the wall and property line (external to the enclosing wall). Adequate space shall be allowed to permit maintenance of the plantings; Planning and Zoning Board Staff J>ort: Meeting of 07118/05 Valero Gas Station, Watkins Truck terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 7 . Canopy trees 8' - 12' in height planted 20' on center average, along the southern and western boundaries of the site, placed between the required masonry wall and the property lines; . Canopy trees 10' - 12' in height, planted 30' on center average, along the site's frontage on Military Trail. It is also noted, that resolution No. R-71-299 of the Board of Commissioners of Palm Beach County rezoned the northeast portion of the subject property (Watkins Motor Lines Truck Terminal) from A-1 (Agricultural District) to C-2 (General Commercial District) to allow the Truck Terminal facility on the property. Compatlbilitv -- The requested, designation will be compatible with the existing and future land uses of the surrounding area. As described previously, the GC (general Commercial) land use designation will be compatible with adjacent development pattern to the south of the subject property which has a City zoning of AC (Automotive Commercial). However, compatibility with the abutting low density residential properties to the south (Conklin Drive), and to the north and west (High Point of Delray West Condo) is of some concem. With existing commercial developments of this kind, the City requires that trees must be installed every 25' along the south and west property line abutting single family residences. With future modifications to the site these regulations will be applied. This along with other LDR requirements will assure compatibility with surrounding uses. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. At this time no issues have been identified which would indicate non-compliance with the requirements of the GC and SAD zoning district. Buffering particularly with respect to the adjacent single family areas to the south and west as required by the approved County sites plans and must be maintained. Florida Statues GovernlnQ Voluntary Annexations: Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the goveming body of said municipality that said property be annexed to the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed area that is enclosed within and bounded bya single municipality and a natural or man made obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. . The property is contiguous with the City and reasonably compact. These three parcels do not meet the definition of an enclave nor would its annexation create one. Planning and Zoning Board SI ~eport: Meeting of 07118105 Valero Gas Station, Watkins Truck Tenninal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 8 Land Development Requlations Govemina Annexations: Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the annexation of contiguous property, under his ownership. pursuant to Florida Statutes. The original property owner for all three parcels has consented to voluntary annexation. CONSISTENCY WITH THE CITY 'S COMPREHENSIVE PLAN: Deslanated annexation area: The territory to be annexed is located within the designated annexation area (Area F) located on the west side of Military Trail north of Atlantic Avenue. Annexation of the subject territory is consistent with the Future Land Use Element Policy 8-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. CONCURRENCY: Provision of Services: Future Land Use Element B-3.1 states that when annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City. What follows is a discussion of required services and the manner in which they will be provided. Police: The subject property is currently served by the Palm Beach County Sheriff's Office, located at 345 South Congress Avenue, which serves the South County area. The property lies within Sheriff Patrol zone 7. Zone 7 is bordered by EI Clair Road on the west, the Atlantic Ocean on the east, and Boynton Beach on the north and Atlantic Avenue to the south. One officer is assigned to a particular zone during a shift (three shifts per day). The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area during the day and 15 cars during the night; and as a consequence, response time is significantly improved upon annexation. Annexation will not require additional manpower since the police currently pass the property during routine patrolling to the north, west and east of the property. Fire and Emeraencv Services: The municipal area is served by Fire Station No.4 (Barwick Road and Lake Ida Road). With annexation, the property will receive an improved response time from the current 5.5 minutes of the County's Fire Department (Fire Station #42 located on Hagen Ranch Road close to the Tumpike) to 2.5 minutes for the City's Fire Department (Fire Station #4 located at Barwick and Lake Ida Road). Water and Sewer: City services regarding water and sewer have previously been discussed under Future Land Use Analysis section of this report. streets: The subject property has direct access to Military Trail which is under the jurisdiction of Palm Beach County. The jurisdictional responsibility immediately adjacent to the property change as both side of the street will be within the City limits. However, associated road maintenance will not change upon annexation. Planning and Zoning Board Staff I .>rt: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 9 Financial Impacts: Effect upon Annexed Property: The following table depicts the current assessed value and total (County) taxes for the subject property: 424614000001010 $1,304,531.00 424614000001140 $2,000.000.00 424614000001150 $490,000.00 TOTAL $3,794,531.00 $25,445.00 $39.010.00 $9,558.00 $74,013.00 $1,674.00 $2,594.00 $469.00 $4,737.00 27,119.00 19.50509 23.7254 41,604.00 19.50500 23.7254 10,027.00 19.50612 23.7254 $78,750.00 19.50518.23.7254 $30,950.52 $47,450.80 $11,625.44 $90,026.76 $5,505.52 $8,440.80 $2,067.44 $16,013.76 For the 2005 tax year the subject property (three parcels) had a combined assessed value of $3,794,531. With the change from County to City jurisdiction, the following taxes and rates will be affected: Fire/Rescue MSTU 12.138.70 3.198999 DELETE 0.00 0.00 Palm Beach County Lib. 2.050.19 0.540301 DELETE 0.00 0.00 Palm Beach CO.Lib.Debt 153.30 0.040400 DELETE 0.00 0.00 Florida Inland Navegation 146.09 0.038500 146.09 0.038500 Health Care District 4.173.98 1.099999 4,173.98 1.099999 Children Service Council 2,618.99 0.690201 2,618.99 0.690201 Palm Beach Coun 17,075.39 4.500000 17 ,075.39 .4.500000 Palm Beach Coun Debt 1,015.79 0.267698 1,015.79 0.267698 Public Schools Debt Servo 1,039.70 0.274000 1,039.70 0.274000 Public Schools Loc.Board 9.835.42 2.591999 9,835.42 2.591999 Public Schools State Law 21.120.36 5.566000 21,120.36 5.566000 SFWMD District 2.265.34 0.597001 2,265.34 0.597001 SFWMD Everglades Const. 379.45 0.099999 379.45 0.099999 Ci of Delray Beach 7.466100 Added (City) $28.330.35 7.466100 Ci of Delra Beach Debt 0.533900 Added (City) $2,025.90 0.533900 . Total tax millage in the county is 19.505098 mills while in the city the total millage is 23.725398 mills. Therefore the difference is 4.220221 mills. The current yearly ad valorem taxes are $74,013. With annexation the yearly ad valorem taxes will be $90,026.76, (74,013+16013.76=90,026.76); a tax difference of $16,013.76 (3,794,531x4.220221/1000=16,013.76). In addition to property taxes, the following Non Ad Valorem fiscal responsibility will apply: f Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. For non-residential units the assessment fee is calculated using the following formula (# sq.ft. of impervious area 68,327/2,502) X $54)/1,000=1,474.68). As the property contains a nonresidential use, this assessment would be imposed in the amount of approximately $1,474.68. A further increase based upon new Planning and Zoning Board Sl leport: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 10 impervious surfaces will be realized with future developmenVredevelopment of the site. A 25% discount from the assessment is available since the property is within the Lake Worth Drainage District. An additional 25% is also available as drainage is retained on site. Occupational License Fees - The gas station, public storage facility and truck terminal have an occupational license. With the annexation, these facilities must obtain an occupational license from the City, in addition to the County's license. The City license fee is $142. Solid Waste Authority - The Military Trail annexation areas are serviced under a new contract by Waste Management (pursuant to a contract awarded October 1, 2003). City's contract is currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a) . if a party has an exclusive franchise which is in effect for at least six months prior to the initiation of an annexation, the franchise may continue to provide such services to the annexed area for fIVe years or the remainder of the franchise term whichever is shorter". As the waste provider is currently the same this annexation will have no impact. For non-residential units the assessment fee for solid waste collection is calculated using the following formula (# sq.ft. of impervious area 68,327*$17.09)/1,000=$1,167.70). Resulting Impacts to Property Owners: AD VALOREM TAXES 2005 City Mills. County Mills 23.7254 19.50518 = NON AD VALOREM TAXES 2005 Stormwater Assessment Solid Waste Collection WATER & SEWER UTILITY FEES ANNUAL FINANCIAl IMPACT: + $16,013.76 4.2203 $1,474.68 $1,167.71 $0.00 + $18,656.15 Emergency Medical Services EMS Police + Faster response from an estimated 5.5 minutes (Coon to 2.5 minutes Ci . Faster response from an estimated 5.5 minutes Coun to 2.5 minutes Ci . Belter response based upon more officers in field; 14 palroll cars per shift daytime, 15 alroll cars durin the ni hI. Pro-active vs reactive opportunity to work with ro e owners. Fire Response + + Code Enforcement + Fiscal Impacts to the City: At the 2004/2005 City operating mileage of 7.4661 mills and debt rate of 0.5339 mills, the property will generate approximately $16,014.06 in new ad valorem taxes per year. Additional revenues will be realized through increased assessment value, the annual collection of the storm water assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. Planning and Zoning Board Staff, c,:ort: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 11 AD VALOREM TAXES 2005 City of Delray Beach (7.4661 Mills) $28,330.35 City of Delrav Beach Debt (0.5339 Mills) $2,025.90 SUB-TOTAL $30,356.25 NON-AD VALOREM TAXES Storm Water Utility (# sn.ft. of impervious areaJ2,502) X $541 $1,474.68 SUB-TOTAL $31,830.93 PARK AND RECREATION IMPACT FEE $500 oer dwellino $0.00 TOTAL $31,830.93 Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDR 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. The proposed City zoning designation is GC (General Commercial) and SAD (Special Activities District) while the current County zoning designation is CGISE (Commercial General/Special Exception). The surrounding zoning designations are: County AR (Agricultural Residential) to the west; City RM (Residential Medium Density) and POC (Planned Office Center) to the east; County RS (Single Family Residential) to the north and a portion of the south; and County AR (Agricultural Residential) and City AC (Automotive Commercial) to the south. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Policv 8-3.2 - Water and sewer facilities may be provided to unincorporated areas by the City, upon demand, in a manner consistent with Policies of the City. The provision of water facilities shall be accompanied by an agreement to voluntary annex upon eligibility unless the property is already eligible in which case, annexation shall precede the provision of service. This annexation is consistent with this policy as well as the City Commission policy relating to annexation of contiguous properties if City services are required. This request is also consistent with Future Land Use Policy A-i.? which has been previously discussed. REQUIRED FINDINGS: (Chapter 3) Previously discussed under Land Use section of this report Planning and Zoning Board St teport: Meeting of 07/18105 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 12 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: CONSISTENCY: Compliance with the performance standards set forth in LDR Section 3.2.2, along with the required findings in LOR 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. Comprehensive Plan Policies: Consistency with the Comprehensive Plan was previously discussed under the Future Land Use Map Amendment and Zoning analysis sections of this report. Section 3.2.2 (Standards for Rezonina Actions): Standard "A", "B", "C", and "E" are not applicable with respect to this rezoning request. The only applicable performance standard of 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 initial GC and SAD zoning designations will allow the existing facilities to continue to operate. It is noted, that south of the subject property has a City Land Use Designation of CG (Commercial General) and is zoned AC (Automotive Commercial). The property is developed and contains a tire store and automobile repair facility (Tire Kingdom) which is consistent with the type uses of the SUbject property (Public Self Storage facility, Watkins Truck Terminal, and Valero Gas Station). Staff is recommending that although the adjacent development pattern to the west, and south of the subject property consists of AR (Agricultural Residential) and RS (residential Single Family) to the north a rezoning of GC (General Commercial) and SAD (Special Activities District) are appropriate. This rezoning will maintain consistency with the development pattern south of the subject property and will avoid creating non- conforming uses that have been in operation since December 11, 1984 (Public Storage facility), August 19, 1971 (Watkins Motor Lines - Truck Terminal), and Septernber 29,1981 (Valero Gas Station). Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to 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 Planning and Zoning Board Staff ort: Meeting of 07/18105 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 13 (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 circumstances particular to the site andlor neighborhood. The applicant is applying for annexation of this property into the City and the annexation requires that an appropriate City zoning designations be applied. The GC (General Commercial) and SAD (Special Activities District) zoning are appropriate as they are consistent with the County CGISE (Commercial GeneraVSpecial Exception). ~- -- -~- - - -- . t , j 'f" 1>'1'-' \' ; ~~~"-'=~~~_~___~__~~___~ ___~ ___ ___,_ __=______-"L..~__.~____~_ __~_~_ - . The subject properties are not in an area that requires review by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA). Palm Beach County Notice: On June 29, 2005 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date no reply has been received. Lake Worth Drainaae District: On June 29, 2005 Lake Worth Drainage District was notified of the City's intent to annex this property. IPARe Notice: On June 28, 2005, notice of the Future Land Use Amendment has also been provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the infonmation to adjacent municipalities. No objections have been received. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: o Jerry Franciosa, PROD (Progressive Residents of Delray) o Carolyn Zimmerman, Presidents Council o Frances Chassen Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Additional letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its planning and service area. The application of initial zoning designations of GC and SAD are consistent with existing land uses and the existing County zoning (CG/SE) for this property. Planning and Zoning Board St. ,. leport: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 14 The annexation will provide with better Police, Fire, EMS and Code Enforcement services. The property will experience a slight increase in ad valorem taxes. The City will receive additional revenue from property taxes, in addition to storm water assessment fees, utility taxes, franchise fees, and licensing fees. The total immediate revenue increase is approximately $31,830.93, a year. Based upon the above, the proposed Annexation, Future Land Use Map Amendment and associated Rezoning application should be approved. A. Continue with direction. B. Move a recommendation of approval to the City Commission for the voluntary annexation, FLUM Amendment from County CH-8 to General Commercial (GC) in part and Transitional (TRN) in part, and the initial zoning designation of General Commercial (GC) in part and Special Activities District (SAD) in part, for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the voluntary annexation, FLUM Amendment from CH-8 to General Commercial (GC) in part and Transitional (TRN) in part, and the initial zoning designation of General Commercial (GC) in part and Special Activities District (SAD) in part, for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is not consistent with the Comprehensive Plan nor meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations, subject to the following condition: _iI Move a recommendation of approval to the City Commission for the voluntary annexation, FLUM Amendment of: o Parcel 1 - Public Storage Facility: FLUM amendment from County CH-8 (Commercial High , with an Underlying High Residential, 8 du/ac) to City TRN (Transitional) and rezoning from County CGISE (Commercial General Special Exception) to City SAD (Special Activities District). o Parcel 2 - Watkins Truck Terminal: FLUM amendment from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City TRN (Transitional) and rezoning from County CGISE (Commercial General Special Exception) to City SAD (Special Activities District). o Parcel 3 - Valero Gas Station: FLUM amendment from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City GC (General Commercial) and rezoning from County CGISE (Commercial General/Special Exception) to City General Commercial (GC). Planning and Zoning Board Staff ort: Meeting of 07118105 Valero Gas Station, Watkins Truck l'erminai. Public Storage Facility Annexation, FLUM Amendment with initial Zoning of GC and SAD Page 15 by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and does meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Location Map Staff Report Prepared by: Estelio Breto. Senior Ptanner f :7 ~T I I I ~I I I 1---1 J---- ~ I I I "'" \ I 0 ~ 0 FERN DALE w DRIVE --.J [I I 'I 11 V1 I T D ------ N.W. 6TH 0: ~ - i!j~ z '" :0 <( ~~ V1 I NESTING WAY ~~r It/: ~~ i "' U .'-- ~ = NW ;,- qrr-----r--Q/-f z - ~ >- s \--- I ~I 0::: '-?' CANAL L-32 j <( I f- ~ M~ --.J- ~ N. W. 3RD ::;;;- 3 uw. 3RD CT. ~ + + V~tq?O+ "' "." ,,', III -s II I I I I I " r < '-- ~~ CONKLIN o " I1II ~ II I" ,I ,I, J l! r ,&. N. W. 3RD ST. " II. ~ , , ~ ~ , " , , .. ~~ III IIIII II II II ~< z f=:o O[ c::: ~ ~< TIT IT T EXTRA CLOSET I--- ~ STORAGE . -----= ,. ~ z U A E , L 1I111~ ,,'--- ~ .. " , .. , .. , , I tI I I O/tvr f- POST ROSEAIRE "\ - QR\\lt. OFnCE RETREA T LAKE ::::J /-----------. 's'( Ii? 0 0 ~\ I 1 Ul BOYS , , , , , III FARMERS I--- ~ s n MARKET I--- ~ w i/ ~ f- 0> f----- D .>. /J/ J~ I--- <'i~ I- 0: !l I--- ~ I- SHOPPES ~ OF f----- w ~ l- i S ,p DELRA Y I--- ~~ '-- N ~ VALERO GAS STATION FLUM FROM: CH-8 (COMMERCIAL HIGH WITH AN UNDERLYING HIGH RESIDENTIAL) TO CITY GC (GENERAL COMMERCIAL) MAP REF: LM85J CITY OF DELRA Y BEACH, FL PLANNING &: ZON!NG DEPARTMENT REZONING; FROM ce/SE (COMMERCIAL GENERAL SPECIAL EXCEPTION) TO GC (GENERAL COMMERCIAL) ~ WATKINS MOTOR LINES AND PUBLIC SELF STORAGE FACILITY FLUM FROM: CH-B (COMMERCIAL HIGH WITH AN UNDERLYING HIGH RESIDENTIAL) TO CITY TRN (TRANSITIONAL) REZONING: FROM CGISE (COMMERCIAL GENERAL SPECIAL EXCEPTION) TO SAD (SPECIAL ACTlVlTlES DISTRICT) -- DIGITAL BASE MAP SYSTEM -- CC', (l flMA ~-e.- www.b0c3news.com -Boca RatonlDe\ray -Beach News' ;..Monday, November 21, 2005 19 ~ lltr-~ 100 ANNOUNCEMENTS ~ LEGAL NoTICES Q;1'ut_,..u..~ MmCEOF'I'lIIUC_ APUIllICHEAFlINGWillbeR3ldonlho ~~:~ oral<nJlXIllIinuiitionofSuchmeetlrll ~~~&i~~ 1sl_AVfi!'lIJt,~Beact1.Aorida.'a1 ~~~~~7~ ordilarI:esf'llaYbeilspedJ!dalthe Officeol1heCi!YClefkIlCilytl1l,100 ~=is~~~ ~~~h~n~_ edlillllllendandbehean:lwilll~tu thePfOPooedoi'dirllincas OftDlNAHCENO.5!Hl!$ AN ORDINANCE OF THECIlY COM- MISSION (l'lHE CflYOF OELRAY BeACH. FLORIDA. REZONING ANI) Pt.ACING LAND fWSENTLY ZONfD R-l-A (SlNGlf fAMlLYRESlOENTlAl} ~Rfi:~~~~ Il€If<<>AP~L.DCATEDortnt: NIJl'miSlOE,OfUNTONBOULEVARD, ~fEET~OF~~ OESCEltBED - HEREIN: AMENDING "ZONING - MAP _Of DELRAYBEAC1:l. FlORIDA, APRIL 20.)5": PRCMDING A GENERALflEPE,6lffiClAllSE.ASJN- ING ClAUSE. AND AN EFFECJ1I.ot: [}Al1' OROINANCENO.1iD-05 AN ORQIHANCE OF M CITY COM- MlSSION-OFMClTYOFOB.JlAY BEACH, FLORIDA, REZONING AND. Pl:Ji:ING lAND PRfSENTLY ZlJffii ~FAMllYRf5lOENTTAl} RES TOAf;:~SAJD~ BEING~LOCATEDATM NORTHWEST CORNER OF UNTON BOUl..EVARD Aft) SoN- 4THA~ Jl.S MORE PARTlCULARlY DESCJtIBEDHERElN: - AMEM)lNG "ZONING MAP OF lE.RAY - 8EAGH =~~~ ING ClAUSE, AND AN EFfECTIVE [}Al1'. ~~ ~GAfNoTtc::~s LEGAL- NotiCES _,DfIIJItWCENO.7H5 NI. ORDINANcE,OF'THE CITY COM- MISSIOtl,Of,M_ClTY'GfoeLRAY BEACH,RDRIQA.ESTABUSHlNGINI- TIAl ZONING OF GC epENERALCbM- ::e~~'~l~~~Lct,.d~iloON~ WEST SlOE OF MllITAAYlRAIL 100 fEET NORTH OF CONKUN - DRIVE AS MORE PARTICUlARLY DESCRIBED HEREIN; AMENDIM:> "ZONING MAP OF DElRAY BEACH. FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEAlER ClAUSE', A SAVING CLAlJSE,'AH[l'Mol'EIHCTlVEDAlE liIuiiwtcElI).'t1~ AN ORoINAta, OF THE CITY c0M- MISSION QfTl1E CITYQf l.lElAAY IlEACli,:FtDRCI\ES(A8L1SHI~INl- TW.:ZONlNGOFSAD(SPEClALAC11V- lTl6DlSJRlCT);8AlDlANJBEINGA PARCElIOCA:rtD ON THEMsr SIDE . OFMIUTARYTRA!L,43DFEETN(JtTH OF C(NQJfU)fltVEAS P.<<:lRE PAffTlC- utARLY "DfSCRlBED HERfIN, N.AEN>1NG"ZONINGMAP'OF'Dfl.RAY BE'.AcH;fUlflJOA"APRIL2005";PflQ- VI01NGA ~6ENERALREPEALfR CtAUSE,A,SAVlNG CtAUSE, AND AN EffECTIVE[I/lIE ~1<<I.7H5 Mol ORDINAta, Of TtE, CITY c0M- MISSION OF THE CITY OF, DELRAY BEACH, A..ORIDA, ESTABlISHING INI- TIALZONINGOFSH:lISPEOlAlAC11\l- rTlESDISTRICT);SAIOL.NI)BElNGA PARCEl.lOCAltDON,THEWESTSIDE OFMllITARYTAAlL,270,FEffNQRTH OFCONKllNDfllVEASMOfIEPAATll)- UlARlY DESCRIBED HEREIN: NAENOING"ZONINGMAPOf,OE1.RAY ElE/ICli,RORIl>A;-APRll 2005"; PRO- VIOlNG A 'GENERAL 'REPEAtER ClAlJSE. ASAVlf<<>CtAUSE,MtJ Mol EffECTlVEDATE ORlllrwal<<l..~ Mol ORDINANCE OF TlEc;rrY C()M. MISSION Ofl1iECfIY Qf,DEUlAY BEACH, ROfIlDA. OFTtE,cn:yOF OElRAY BEAGtf. AMENDttiG ~ OIX "A";BYAOOING DEf:lNJ11ONSOF AA.IlLIC:PARKINi:FACIl:IlY"N<<J 1'll0000MMal PUIIU' PI'.""" FN;jlJTY; AA4ENDfN3,AHJ1ClE'4,6. "5lJf'F'lEtAWTAlOISJRICTREGUlA- JlONS" OF llE lAND ,DEVEl.Of't.lENT REGlA.AllOHSBY'N.1EfI)tN6,E TKlN 4:6.9lEl,_ "LOCATION ,(I' f>ARK- INGSPACE'S" BY CflEAJlf<<:iANEW SUIlSECT1OH,4.6.9(E}(4l',"PARKlNG FACtUTY PA~'TO'E5TABUSH AlTERNATM PROVISIONS,fOR ACCOMMODATING PfflI.:ltRB) PARK- ING, WHEN NOT PflO\Ilti) ON-SiTE. PflOVIDING FOO' RENUMBEflING: PROVIDING ASAVWGSClAU$E, A GEt.elAl REPeAlER CtAUSf, -AND AN EFFECTIVE DATE Please be advised lbalil,llpeison decidestliappeal-anyiliidSiOnlTlildeby ,thilCllYCommi;:Sionwilhrespecttliany rmlIer~3,the=leI"illamaS, $OCI\ personmay IlIied 111 ensure !hiIIa- verblltimreconlindUdeslheteslimCiny iII1llellidenDiluponWhichlhe~is I1Ibebased. TheCitydoesnotprrMda norprepanlsuchrecord.PulWill1lto F.S.286_0105. CfTYOF DElRAY BEACH ChavelIeD.Nubin CilyCle!1l PUBlISH; Mon.,NoYernI;Iar21.2005 8oca~rayBeachNevn; AdllZ5656