Ord 77-05
("
ORDINANCE NO. 77-05
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, ESTABLISHING
INITIAL ZONING OF SAD (SPECIAL ACTIVITIES
DISTRICT); SAID LAND BEING A PARCEL LOCATED ON
THE WEST SIDE OF MILITARY TRAIL, 430 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 SAD (Special Activities District)
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 CI1Y COMMISSION OF THE
CI1Y 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 SAD (Special Activities District) District
for the following described property:
Northerly 384.48 feet of the northeast quarter (NE 1/.) of the northeast quarter (NE '/.) of
the northeast quarter (NE '/.) of Section 14, Township 46 South, Range 42 East, Palm
Beach County, Florida, Less East 60 feet of road right-of-way and North 56 feet canal right-
of-way.
("
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 the uses allowed for the subject property described in Section 2, above,
pursuant to Section 4.4.25(B) of the Land Development Regulations of the City of Delray Beach,
Florida, shall be as follows:
The existing uses, as of the effective date of this Ordinance, consisting of Freight Terminal
and Incidental Fuel Storage, Freight Distribution, Warehousing, General Office, Automotive
and Truck Maintenance and Repair. The expansion or modification of any of these existing
uses or the establishment of any other uses will require a modification to the SAD ordinance
pursuant to LDR Section 4.4.25(C).
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 immediately upon the effective date of
Ordinance 56-05, under which official land use designation of TRN (Transitional) is affixed to the
subject parcel hereinabove described.
I ~ P ASSE~ND ADOPTED in regular session
~dayof "~l>~ ,200.5..
on second and final reading on this the
ATTEST
8~o~ ~
~. ~.~. ~\kUu
City Clerk ~ ~
First Reading \ \ c::) t::>5
Second Reading \; \ a~
\ \
2
ORD NO. 77-05
MEMORANDUM
TO:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER [1711
AGENDA ITEM # \(")~ - REGULAR MEETING OF DECEMBER 6. 2005
ORDINANCE NO. 77-05 (REZONING - WATKINS MOTOR LINES.)
DECEMBER 2, 2005
FROM:
SUBJECT:
DATE:
This Ordinance is before Commission for second reading and Qllasi/lIdicial hearing for a rezoning from
County GC/SE (General Commercial/Special Exception) to SAD (Special Activities District) for a 4.72
acre parcel of land for Watkins Motor Lines, located on the west side of Militaty Trail, 430 feet north of
Conklin Drive.
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 modified the zoning from
A-l (Agricultural District) to C-2 (General Commercial District) to allow a truck terminal facility. On
August 16, 2005, via Ordinance No. 58-05, the site containing Watkins Truck Terminal 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 TRN 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(D)(5) (Rezoning Findings).
At the first reading on November 15,2005, the City Commission passed Ordinance No. 77-05.
Recommend approval of Ordinance No. 77-05 on second and final reading.
S:\City Clerk\agenda memos\Ord 77-05 Watkins Motor Lines Rezoning 120605
CITY COMMISSION D:QCUMEN:f'AtloN'H
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TO:
THRU:
FROM:
SUBJECT:
DTID T. RD N, CITY MANAGER
P,6;U~L1NG ~ECTOR OF PLANNING AND ZONING
ESTELlO BRETO, SENIOR PLANNERJ) ~t
MEETING OF NOVEMBER 15, 2005
REZONING FROM COUNTY CG/SE (COMMERCIAL
GENERAL/SPECIAL EXCEPTION) TO CITY SAD (SPECIAL
ACTIVITIES DISTRICT) FOR A PARCEL CONTAINING WATKINS
MOTOR LINES TRUCK TERMINAL. THIS PARCEL IS CONTAINED
IN A 4.72 ACRE SITE. LOCATED ON THE WEST SIDE OF
MILITARY TRAIL, APPROXIMATELY 430 FEET NORTH OF
CONKLIN DRIVE.
I
. . BACKGROUND .
I
The truck terminal, also 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 modified the zoning from A-1 (Agricultural District) to C-2
(General Commercial District) to allow a truck terminal facility. The 4.72 acre site, which
contains the Watkins Truck Terminal, was annexed into the City via Ordinance No. 58-
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 TRN (Transitional) is accompanying this request and is
being processed a part of Comprehensive Plan 2005-2.
I
I
....,.
PLANNING AND ZONING SOARDCONSJDERAtiON ....
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
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.' RECQMMENPEP.AC:tUJN" '.' .. .. .....
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By motion, approve on first reading, the ordinance for Rezoning of Watkins Truck
Terminal from County CG/SE (Commercial General Special Exception) to City SAD
(Special Activities District), 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
IB-~
ORDINANCE NO. 77-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING INITIAL ZONING OF
SAD (SPECIAL ACTIVITIES DISTRICT); SAID LAND BEING A
PARCEL LOCATED ON THE WEST SIDE OF MILITARY TRAIL,
430 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 SAD (Special Activities
District) 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 SAD (Special Activities District)
District for the following described property:
Northerly 384.48 feet of the northeast quarter (NE \4) of the northeast quarter (NE \4) of the
northeast quarter (NE \4) of Section 14, Township 46 South, Range 42 East, Palm Beach
County, Florida, Less East 60 feet of road right-of-way and North 56 feet canal right-of-way.
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 the uses allowed for the subject property described in Section 2, above,
pursuant to Section 4.4.25(B) of the Land Development Regulations of the City of Delray Beach,
Florida, shall be as follows:
The existing uses, as of the effective date of this Ordinance, consisting of Freight Terminal
and Incidental Fuel Storage, Freight Distribution, Warehousing, General Office, Automotive
and Truck Maintenance and Repair. The expansion or modification of any of these existing
uses or the establishment of any other uses will require a modification to the SAD ordinance
pursuant to LDR Section 4.4.25(C).
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 immediately upon the effective date of
Ordinance 56-05, under which official land use designation of TRN (Transitional) is affixed to the
subj ect 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. 77-05
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---5T AFF REPORT ---
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 (Transitional) and rezoning trom County CGISE (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-B (Commercial High with an Under1ying High
Residential, 8 dulac) to City GC (General Commercial) and rezoning trom County CGlSE (Commercial
GeneraVSpeciaJ 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/Applican!......................... City of Delray Beach
Agen!.......................................... 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 Agricuttural 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 Military Trail.
Sewer Service............................. Sewer service is available
from a lift station at the
north east comer of the site
Proposed land Use....................
. Water Service.............................
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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 Rezoniftg 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 du/ac) 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 (LOR) 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.
, \ , ',/~ ~>; :.,~r:~OC!1.,t:hl.1:'~1IJl~r~~Jl"Jlt;J!!",{r,~~;;:1;3: t7;',>~i:'l~l~~X~1{~:p~~;;.i)t$\1~!I.wJ~~~r:~]
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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 northern portion of the
property. Valero Gas Station was legally 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
I'lannlng and Zoning Board Sit . aport: 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 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 Terminal 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-c;:onforming. 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 port: Meeting of 07/18105
Yalero Gas Station, Watkins Truck (erminal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 3
Land Use Analysis:
Consistency 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.
AdJacent Land Use MaD Deslqnations, Zoninq Desiqnatlons 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 (AC) 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 IAlono 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.
!,Iannlng and Zoning Board SIi ieport: Meeting of 07/18105
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 properly (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 properly 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 properly, and a land use change to Transitional
(TRN) and rezoning of SAD (Special Activities District) for the balance of the properly 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: LOR Section 4.4.9(0)(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 permitted uses with the adoption of the SAD zoning for this site.
REQUIRED FIDINGS:
LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS:
Pursuant to LDR 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.
D Future Land Use MaD: 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 (GC) 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 .iIOrt: Meeting of 07/18/05
Valero Gas Station, Watkins Truck fermlnal. Public Storage Facility
Annexation, FLUM Amendment with Initial Zoning of GC and SAD
Page 5
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.
o 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 properly and to TRN for 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. = 256,9991bs 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.
o 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 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.
Planning and Zoning Board St. 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 applicable physical 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 hannony 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 endosed 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 pennit;
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 pennit
maintenance of the plantings;
Planning and Zoning Board Staff >Ort: Meeting of 07/18105
Valero Gas Station, Watkins Truck terminal. Public Storage Facility
Annexation, FLUMAmendrnent 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.
ComDatlbilltv - 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 pattem 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 LOR requirements will assure compatibility
with surrounding uses.
ComDllance -- 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 GoverninQ 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 governing 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 Report: Meeting of 07/18/05
Valero Gas Station, Watkins Truck Terminal. Public Storage Facility
Annexation, FLUM Amendmenl with inlllal Zoning of GC and SAD
Page 8
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
original property owner for all three parcels has consented to voluntary annexation.
CONSISTENCY WITH THE CITY 'S COMPREHENSIVE PLAN:
DeslQnated 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 B-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 Sheriffs 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.
I
Planning and Zoning Board Staff I art: Meeting of 07/18105
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 Propertv:
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 $30,950.52 $5,505.52
41,604.00 19.50500 23.7254 $47,450.80 $8,440.80
10,027.00 19.50612 23.7254 $11,625.44 $2,067.44
$78,750.00 19.50518' 23.7254 $90,026.76 $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
Palm Beach County Lib.
Palm Beach CO.Lib.Debt
Florida Inland Navegation
Health Care District
Children Service Council
Palm Beach Coun
Palm Beach Coun Debt
Public Schools Debt Serv.
Public Schools Loc.Board
Public Schools Stale Law
SFWMD District
SFWMD Everglades Const.
C' of Delray Beach
Ci of Delray Beach Debt
c .. '..:1'~li!~~"I'~;r~'"
12,138.70
2,050.19
153.30
146.09
4.173.98
2,618.99
17,075.39
1,015.79
1,039.70
9,835.42
21,120.36
2,265.34
379.45
3.198999 DELETE 0.00
0.540301 OELETE 0.00
0.040400 OELETE 0.00
0.038500 146.09
1.099999 4,173.98
0.690201 2,618.99
4.500000 17,075.39
0.267698 1,015.79
0.274000 1,039.70
2.591999 9,835.42
5.566000 21,120.36
0.597001 2,265.34
0.099999 379.45
7.466100 Added (City) $28,330.35
0.533900 Added (City) $2,025.90
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0.00
0.00
0.00
0.038500
1.099999
0.690201
4.500000
0.267698
0.274000
2.591999
5.566000
0.597001
0.099999
7.466100
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:
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 teport: Meeting of 07/18/05
Valero Gas Station, Watkins Truck Terminal. Public Storage Facility
Annexation, FLUM Amendment with Inilial 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
Fire Response
+
Faster response from an estimated 5.5
minutes Coun ) to 2.5 minutes Ci ).
Faster response from an estimated 5.5
minutes Coun to 2.5 minutes Ci .
Better response based upon more officers
in field; 14 patroll cars per shift daytime,
15 atroll cars durin the ni hI.
Pro-active vs reactive opportunity to work
with ro e owners.
Emergency Medical
Services EMS
Police
+
+
Code Enforcement
+
FlscallmDacts 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
I 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. .,ort: Meeting of 07118105
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 Defray Beach (7.4661 Mills) $28,330.35
Ciht of Defrav Beach Debt (0.5339 Millsl $2,025.90
SUB-TOTAL $30,356.25
NON-AD VALOREM TAXES
Storm Water Utililv (# sq.ft. of impervious areal2,502) X $541 $1,474.68
SUB-TOTAL $31,830.93
PARK AND RECREATION IMPACT FEE
$500 oar dwellina $0.00
TOTAL $31,830.93
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and
Compliance with the development criteria of the LOR 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 CG/SE (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-1.7 which has been previously discussed.
I
REQUIRED FINDINGS: (Chapter 3)
Previously discussed under land Use section of this report
Planning and Zoning Board St leport: Meeting of D7/18/D5
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 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.
ComDrehenslve 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 Rezoninq 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
September 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;
I (b) That there has been a change in circumstances which make the current zoning
inappropriate; or
Planning and Zoning Board Staff or!: Meeting of 07/18105
Valero Gas Station, Watkins truck Terminal. Public Storage Facility
Annexation, FlUM Amendment with Inillal 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 and/or 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 CG/SE (Commercial GeneraUSpecial Exception).
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.
IPARC 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 information 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. ,.. teport: Meeting of 07/18/05
Valero Gas Station, Watkins TrUc:k 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 (GG) 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(0)
(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 (GG) in part and Transitional (TRN) in
part, and the initial zoning designation of General Commercial (GG) 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(0)
(5), 3.1.1 and 3.2.2 of the Land Development Regulations, subject to the following condition:
.. ,", ".' .'....'., ,:w'.'~~~.~~~'_""
: -,-"N'" -. _. . -.. ,Y " . ,. _ ". _~..,._",~ . ~. '._. ,'- -~3l~_."".">cd;:LA",,;.',)h;j,'.-<Ml: _ _
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 CG/SE
(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 CG/SE
(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 CG/SE
(Commercial General/Special Exception) to City General
Commercial (GC).
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 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 Planner
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FLUM FROM: CH-8 (COMMERCIAL HIGH WITH AN UNDERLYING HIGH RESIDENTIAL) TO CITY GC (GENERAL COMMERaAl)
MAP REF: LM853
REZONING: FROM CG/SE (COMMERCiAl GENERAL SPECIAL EXCEPTION) TO GC (GENERAL COMMEROAL)
E) WATKINS MOTOR LINES AND PUBLIC SELF STORAGE FACILITY
FLUM FROM: CH-8 (COMMERCIAL HIGH WITH AN UNDERL YlNG HIGH RESIDENTiAL) TO CITY TRN (TRANSITIONAL)
REZONING: FROM CG/SE (COMMERCIAL GENERAL SPECIAL EXCEPTiON) TO SAD (SPECIAL ACTi\l1TiES DISTRICT)
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100
ANNOUNCEMENTS
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LEGAL NoTICES
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OfficeoflheCilyClerl(alCilyHall,100
NW.lstAvenue.OeIray~Florida.
bel'Mlllrllhehoursof8:OOiI.ITl.and5:OO
p_m..~lt1l'llt1llhFriday,1llDlPl
holid3ys.ADrderesledpartieslftlnvf--
edlollllendandbehea!tlwahrespedto
lheptopooedoi'diriances.
ORDlNANCENll.59-05
AN OIIDINANCE OF THE CllY COM-
MISSION OflHE em' OF OEl..RA.Y
IlfACH, flORIDA, REZONJNG AHD
PLACING lAND PRESENTl v zotfil
R-1-A(SlHGtEfAMlLYRESlDfNI1AL)
DISTRICT TO AM (MEDIl.f.4 DENSITY
RESIOENTIAL)DlSTRICT;SAlDl.NLl
BEING A PARcEL LOCAlIDON,THE
NORTH SlDe OF Llf{f{)NIlOlJ!.EVARD,
6l'lOFEETEASTOfSW,4lHA\1'NUE
AS MORE PARTICUlARLY
DfSCEllIlfD' HEREIN; AMENDING
"ZONII<<>' MAP _OF ,OELAAY IlEACl:l.
FlOflIOA. N'RlL20C6"; PROVlOINGA
GENERAl REPEALER C1NJSE, ASAV-
ING ClAUSE. AND AN EfFECTIVE
DAlE
IIRDlNANCENO.6lHl5
AN OR[ljNANcE OF THE CITY COM-
MISSION Of Ttf; CITY OF DElRAY
Bf;ACH, flORIDA, REZONING AND"
PlACING lANO PRESENTlY ZONED
R-l-A(SINGlf FAMILY RESIDEtffiAl)
~~ICTTOR~~SAlODENS~
BEING~CEllOGAlEDATll-E
NORTHWEST CORNER OF UNTON
IlOlJLEVARD N<<l SW 4THAV9ILE
AS MORE PARTICUlARLY
DfSCRlilCO HEREIN;" -AMENOtNG
"ZONltKi MAP OF DElAAY BEACtt,
FlWtDA. ,APRil 2005"; PfIOVlO1NEi-A
GENERAl RmAI..EFl 't:;()JjSf,'ASAV-
ING ClAUSE, AND AN EfFECTivE
D'TIe
~~
LEGAl,'NoTlCES LEGAl NOTICES
_OIlOIIWC:ENO.1fi.05
M OROINAM::E OF THE CITY COM-
M1SSKJtlOF,llECITY-GfDeIJlAY
BEACH, R.ORlDA, ESTABUSHING INI-
l:Rt~{~o~~ct~'f:t
BEING A PARCEl lOCATED ON mE
WEST SlOE OF MIUTARYTf\AlL., 100
FEET NORlHOF CONKLIN ORNE AS
MORE PARTICULARLY DESCRIBED
HEREIN: AMENOING "ZONING MAP OF
DElRAY BEACH,FLORIDA, APRIL
2005": PflOVIDlNG A GENERAL
REPEAlER ClAUSE", A SAVING
a.AUSE,ANDANEFFECTlVEOATE.
ORDiNAHcENO. ri-G5
AN ORrnNANCE OF THE CrrY' C0M-
MISSION OrM CrrYQF DElRAY
Sl:ACIf;RDRlI)A"EST)lIl:ISHlNa INI,
TlAlZONlNGOfSMCSPfClAlACJ1V-
mES DlSJRIC'J); SAIl) lAND BEING A
PAACEllOCATIDOHM'MSTSIDE
. OFMlUTARYTflAlL.,4JOFEfTNORTH
OF CONKUNOfIflJEAS MORE PAflTlC..
UlARlY ,DESCRIBED, HEREIN,
AMEMJlNG"ZONIf<<iMAPOFOELAAY
BEN::H,R.ORIOA.-N'flIL2(l(l5":f'RG-
VlO1NG, 'A ;,GENERAL: REPfAlER
CtAUSE, ASAVlNG ClAIJSl:, AND AN
EfffCT",,!,DATE.
ORIllNN<<:ENO.76-Q5
AN ORDINANCe OF THE CITY c0M-
MISSION Of THE,CITY OF OElRAY
BEACH,R.ORIDA.ESTAIllISfllNGINI-
TlAl.ZONlNaOF~ACT1V-
=~~oo,~~~
OFMIUTARYTRAlL.,271l,FEETNQRTH
OFCONKUNDRIVEASMOREPARTlC-
UlARlY ,OESCRlBED HEREIN,
AMEltJlNG"ZONfNGMAPOFDELRAY
BEACH. R.OAIDA.-APfUL2lio5w: PR0-
VIDING AGENEllAL -REPEALER
ClAUSl',ASAIJlNGCI..NJSf,-ANDAN
EfFECTIVE DATE
DRIllHNraNQ.-71HI5.
AN 0RDlNANC: OF MerrY COM-
MlSSllJ\lfJFMCITY,OFOEl.RAY
BeM:H, FLORIDA, OF M,cny of
OElRAY BEACtj, AMENOI$ APl'EN-
DlX "A~,avADOlNGOEfINrrlONSOF
~R~~~~FflJr('AND
~
llONS"DFM
~l1ONS ,SEe--
~~=l,~~::
~~~~~~'E~=
ALTElWATIVE PROVISIONS FOR
ACCOMMODATING REOUIRED PARK-
ING. WHEN NOT PROVIDE{) 0N-SilE,
PflOVIDING fOR RENUMBERING:
PflOVfOlNG A SAVINGSClAU$E, A
GENERAl REPEAlER CI..AlJSE,-AND
ANEFFECll\rtDATE
P~beadvisedthatif_apeison
decidestoapJleal ll/lYdilcl$iOn made by
.-theCitYCommisSionwilt1~toally
matter~at_lhesetmrings,
suchpersoomayneedtoensureltlal...
vertJaliml9COllliodt.desltle1estimony
aodevldMreupooWhichlheappealis
IDbebased.1heGilydoesnotpn:Mde
norpreparllsuch~.PulSla1lto
F.S.286,0105.
CrrYOFDELRAYBEACH
CheveleD.Nubin
. CilyClerk
I'l.IllISH: Moo., NaVembef 21. 2005
Boca,RalQrvt}eIrayBeachNews
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