Ord 06-06
ORDINANCE NO. 6-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING
ORDINANCE NO. 28-89 BY AMENDING SECTION 5 TO
AlLOW FOR THE ADDITION OF 'TWO SELF SERVICE
STORAGE FACILITY BUILDINGS TOTALING 17,700
SQUARE FEET TO THE PROPERTY AND AMENDING
THE LAND DEVELOPMENT REGULATIONS SECTION
4.4.25(G), "S.A.D.s", SUBSECTION (1) TO REFLECT THE
NAME CHANGE FROM "THE EXTRA CLOSET" TO
"UNITED STOR-AlL"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, an application has been received for a modification to The Extra Closet S.A.D.
(Special Activities District) as established by Ordinance 28-89, to add two more self service storage
facility buildings totaling 17,700 square feet; and
WHEREAS, at its meeting of January 23, 2006, the Planning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to 0
to recommend that the request be approved, based upon positive findings and subject to conditions;
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
further 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.
read as follows:
That Section 5 of Ordinance 28-89 be, and the same is hereby amended to
(
Section 5. That the development of the property described in Section 1, above,
is to be in accordance with the approved site and development plans prepared by Kiltiay afta
..^..330etilte3 Caulfield and Wheeler. Inc. as approved by the City C6ftlm:i3sioft Site Plan
Review and Appearance Board on September 23, 1986 March 22. 2006 afta 3t:itfftpea
app1'6Vea 1:lflaer the 3igaame of Staa Weeaoft Oft N(Y."emee! 10, 1986 all of which Me ~
incorporated by reference and made a part hereof and upon which the City has relied in
granting this approval
Section 3. That Section 4.4.25(G), "S.A.D.s", Subsection (1), of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read:
(1) The Extra Closet, Ordinance No. 28-89, ~ established the Extra Closet
S.A.D. is t"modified by Ordinance No. 6-06. which is now named United Stor-All;
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 proVls1on 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 passage on
second and final reading.
\~ASSED~J\DOPTED in regular session on second and final reading on this the
day of ~ ~. , 2006.
ATTEST
~O~~
~~\~~
City Clerk
First Reading ~ \ ~
Second Reading A :\ ~ C0\..o
2
ORD NO. 6-06
~
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HAROPo.1J ~I!Acp:R
PAUL DORLING, DIRECTO~.F1f~ LAN,N.~ I., N.G_ ,AND ZONING
DERRICK COOK, PLANNER~
MEETING OF APRIL 18, 2006
APPROVAL OF ORDINANCE 6-06 MODIFYING THE SAD
ORDINANCE FOR UNITED STOR-ALL (fka DELRAY BEACH
EXTRA CLOSET) WHICH INCLUDES AN INCREASE TO ALLOW
TWO ADDITIONAL STORAGE BUILDINGS TOTALING 17,700
SQ. FT.
The subject property is a 4.95 acre tract located on the east side of Military Trail
approximately 2,450 feet south of Lak~ Ida Road. The property was annexed into the
City in 1989 via City Ordinance No. 28-89. The Ordinance applied an SAO zoned district
for the property and incorporated a site development plan, which allowed the
construction of two (2) one-story self-storage buildings. The two self-storage buildings
with a total floor area of 76,230 sq. ft. was a four phased project: Phase I, 18,000 sq. ft.,
Phase II, 20,250 sq. ft., Phase III, 18,000 sq. ft., and Phase IV, 19,980 sq. ft. Phase I
and II, a total of 38,250 sq. ft., has been constructed. Pursuant to LOR Section 2.4.4(0),
as the completion of the Phase I and II represent at least 25% of the construction, the
project is a vested development, and can be completed as approved.
The proposal before the Commission is an amendment of the SAO, (processed as a
rezoning) which involves modification of the approved site plan. The modification will
involve the addition of two self-storage facility buildings bordering the south side of the
property. One of the proposed buildings will be placed toward the east end of the
property having a width of 30' and a length of 490' (totaling 14,700 sq. ft). The second
building will be located toward the front of the property (west end) and have a width of
20' and a length of 150' (totaling 3,000 sq. ft.) and both buildings will be one-story in
height. The proposal will retain a total of six (6) parking spaces with one being handicap
accessible. Additional vehicle parking is available on the internal driveway access
system that allows customers to safely park in front of their storage units without
impeding internal circulation.
At is meeting of January 23, 2006, the Planning and Zoning Board held a public hearing
in conjunction with review of the request. One person from the public spoke in
opposition to the proposed modification. After discussion, the Board voted 7-0 to
recommend to the City Commission approval of the amendment to SAO Ordinance No.
28-89 based upon positive findings of LOR Section 3.1.1 and 3.2.2(0), and LOR Section
2.4.5(0)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the
Comprehensive Plan subject to conditions identified in the staff report and the following:
\0<:-
City Commission Documentation
Meeting Date: April 18, 2006
Extra Closet SAD Modification- Ordinance No. 6-06
Page 2
1. That the project is fully reviewed and approved by the Site Plan Review and
Appearance Board (SPRAB) with regards to site plan, exterior elevations, civil
engineering, and landscaping; and,
2. That the proposed new exterior elevations on Military Trail be extended along the
north and south side elevations at least 30 feet eastward from the front fa<fade.
The City Commission, at its February 7, 2006 meeting, approved the first reading of
Ordinance 6-06, which modified the (Special Activities Oistrict) Ordinance.
The Site Plan Review and Appearance Board (SPRAB), at its March 22, 2006 meeting,
approved the Class IV site plan modification for United Stor-AII with the conditions
provided in Exhibit A and subject to a reduction in the exterior elevation extension
requirement of 30' (Planning and Zoning Board condition) to a minimum of 12'. The
SAO Ordinance is now before the Commission for a Second Reading.
By motion, approval of SAO Ordinance 6-06 to change the name of the SAO from
Oelray Beach Extra Closet to United Stor-AII and to expand the United Stor-AII to allow
two additional self-storage buildings totaling 17,700 sq.ft., based upon positive findings
of LOR Sections 3.1.1 and 3.2.2(0), and LOR Section 2.4.5(0)(5) (Rezoning Findings),
and the Goals, Objectives and Policies of the Comprehensive Plan subject to conditions
in the Exhibit A.
Attachments:
· Proposed Extra Closet SAD Ordinance No. 6-06
· Exhibit A
· Location Map
· SPRAB Staff Report
Report prepared by: Derrick Cook, Planner
ORDINANCE NO. 6-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING
ORDINANCE NO. 28-89 BY AMENDING SECTION 5 TO
AlLOW FOR THE ADDITION OF 'TWO SELF SERVICE
STORAGE FACILITY BUILDINGS TOTALING 17,700
SQUARE FEET TO THE PROPERTY AND AMENDING
THE LAND DEVELOPMENT REGULATIONS SECTION
4.4.25(G), "S.A.D.s", SUBSECTION (1) TO REFLECT THE
NAME CHANGE FROM "THE EXTRA CLOSET' TO
"UNITED STOR-AlL"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, an application has been received for a modification to The Extra Closet S.A.D.
(Special Activities District) as established by Ordinance 28-89, to add two more self service storage
facility buildings totaling 17,700 square feet; and
WHEREAS, at its meeting of January 23, 2006, the Planning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to 0
to recommend that the request be approved, based upon positive findings and subject to conditions;
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
further 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.
read as follows:
That Section 5 of Ordinance 28-89 be, and the same is hereby amended to
Section 5. That the development of the property described in Section 1, above,
is to be in accordance with the approved site and development plans prepared by Kilday ll:fl6
}..ssoeiate3 Caulfield and Wheeler. Inc. as approved by the City Commi3sioa. Site Plan
Review and Appearance Board on September 23, 1986 March 22. 2006 Mia 3titmped
approved l:lfiacr the Sigfilltufc of Staa. Weedoft Oft Novcmber 10, 1986 llY of which Me ~
incorporated by reference and made a part hereof and upon which the City has relied in
granting this approval.
Section 3. That Section 4.4.25 (G) , "S.A.D.s", Subsection (1), of the Land Development
Regulations of the City of Dekay Beach, Florida, be, and the same is hereby amended to read:
(1) The Extra Closet, Ordinance No. 28-89, which established the Extra Closet
S.A.D. is t"modified by Ordinance No. 6-06. which is now named United Stor-All;
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 proVlS1on 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 passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2006.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2
ORD NO. 6-06
Exhibit A
SPRAB Site Plan Engineering Technical Items:
1. Palm Beach County permits are required for this project. Provide copies of the County Right-of-
Way permit, drainage permit and utility permit.
2. Health Department permits are required for this project. Provide copy of the water permit.
3. A SFWMD permit is required for this project. Provide copies of permit modification or a letter of
exception.
4. A LWDD permit is required for this project. Provide copies of permit or a letter of exception.
5. Show swale and grading on the south side of buildings "B" and "C".
6. Indicate proposed paving elevations and existing and proposed site grades.
7. Provide a typical cross section from building "C" to adjacent property. Show the existing grades
on adjacent property.
8. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality criteria
(1"0. Provide signed and sealed drainage calculations and indicate how storm water will be
retained on site.
9. Provide certified exfiltration trench test results.
10. Provide paving cross section.
11. Clearly indicate limits of new pavement.
12. Clearly dimension driveway width. Maximum width of driveway is 24 feet.
13. Clearly indicate on plans the limits and types of all curbing.
14. Handicap spaces are to be provided in accordance with Florida Accessibility Code for Building
Construction.
15. Verify that two parallel 8" water mains are required through the site.
16. All connections to existing water mains shall be made while the water main is under normal
working pressure. If this cannot be accommodated, the design shall incorporate special
provisions such as line-stops to minimize the impact on existing customers.
17. Indicate on plans the location of pigging wyes.
18. On sheet 8 of 11, remove the word ''fire'' from 8" water main call out.
19. Provide 12 foot water easement over water mains.
20. Provide copy of permitted Landscape plan.
21. Provide per LDR Section 2.4.3 (F) (4), a composite utility plan that show the location of all
existing and proposed utilities (water, sewer, power, telephone, gas, cable and drainage). The
composite plan shall be signed by a representative of each utility provider attesting to the fact that
services can be accommodated as shown on the composite utility plan. The composite plan shall
address the responsibility for relocation of existing services and installation of new services.
Exhibit A
Page 2
22. A minimum 10' general utility easement is to be provided through the property.
23. A certified engineer's estimate will be required for all City maintained improvements. A 110%
surety and 2% engineering inspection fees will be required. A Financial Guarantee and
Agreement for Completion of Required Improvements is required. This agreement can be
obtained at www.mydelraybeach.com. For additional information see Section II of the City of
Delray Beach Minimum Construction Standards. Prior to Certificate of Occupancy and the return
of the 110% surety a 10% warranty surety will be required.
24. Project is over one (1) acre in size; provide a copy of FDEP Notice of Intent.
25. Provide a detailed description of how each of these comments has been addressed with next
submittal, along with two sets of revised plans to the Engineering Department, 434 S. Swinton
Avenue.
26. All utilities serving the development shall be placed underground. This must be noted on the site
plan.
27. Additional comments may follow upon provision of requested information.
SPRAB Landscape Technical Items:
28. Pursuant to LDR Section 4.6.16(H) (4) (d), foundation landscaping shall be provided for building
elevations that are visible from the adjacent right-of-way. The applicant shall clearly delineate
and identify all existing landscaping along the south side of the existing building and elsewhere
on the site. The applicant shall provide foundation landscaping along the west side of the
building and the landscaping along the south side of the building shall be upgraded There shall
be vertical landscape elements to soften the fac;ade and the planting shall be tiered, utilizing
various shrub plantings and ground cover.
29. Pursuant to LDR Section 4.6.16(D) (4) (a), the applicant shall provide the location of all overhead
lines (if any). The ultimate mature height and width of a tree to be planted should not exceed the
available overhead growing space. Tree species shall be consistent with the recommendations in
the most recent publication of FPL's "Plant the Right Tree in the Right Place".
30. Black Olive trees are considered to be a nuisance species and should not be planted. However,
because they already exist on site, the Black Olive trees to be saved should only be used to fill in
the gaps along the north and east sides of the property to complete the existing row of Black
Olive trees. This will maintain some continuity. Any additional Black Olive trees should be
removed. The note on the plan indicates that the gaps on the north and west sides of the site will
be planted with the Black Olives.
31. Pursuant to LDR Section 4.6.16(H) (3) (a), a hedge wall or other durable landscape area and at
least one (1) shade tree for every thirty (30) linear feet shall be placed along the interior perimeter
of the required landscape strip that separates the vehicular use area from the adjacent right-of-
way. Though a hedge was proposed to be planted adjacent to the two (2) parking stalls and the
handicap space along the west side of the property, one (1) shade tree shall be planted on the
west side of the two (2) parking stalls. Per 4.6.16(H) (4) (c) the applicant shall provide screening
for all ground level air conditioning units and other mechanical equipment. The air conditioning
units on the north side of the existing building shall be screened.
32. Per 4.6.16(H) (4) (c) the applicant shall provide screening for all ground level air conditioning
units and other mechanical equipment. The air conditioning units on the north side of the existing
building shall be screened.
Exhibit A
Page 3
33. Per 4.6.16(E) (3) all landscape areas shall be separated from vehicular use areas by car stops or
non-mountable, reinforced concrete curbing of the type characterized as "Type D". This would
include the existing parking areas.
34. A concrete area is proposed between the cul-de-sac and the building and just to the east of the
cul-de-sac. Pavement in that location shall be eliminated. That area shall be a green area with
landscaping.
35. There is a green area between the outside of the existing perimeter wall and the property lines.
The applicant shall be responsible to landscape and maintain these areas. Access to these
areas, without encroachment onto other properties, for maintenance of the wall and landscaping
shall be provided.
36. Per 4.6.16(H) (3) (I) one (1) shade tree or equivalent number of palm trees shall be planted in
every interior island. A tree shall be planted in the island on the east side of the two parking stalls
(between the parking stalls and building). A second tree shall be planted in the island that is
centered between the four parking spaces (west of building "e"). A third tree shall be planted in
the island on the east end of the four spaces.
37. There are conflicts between proposed landscaping and various utilities running through required
landscape islands. The applicant shall show all utilities on the landscape plan to avoid conflicts.
38. When a driveway intersects a right-of-way, no hedge, wall or fence can be installed or maintained
at a height that exceeds thirty-six (36) inches for a distance of twenty (20) feet from the
intersection of the two property/right-of-way lines. The plan shows only a ten (10) foot triangle.
39. The landscape calculations are inaccurate. Please submit calculations that accurately reflect the
square footage of plant material that is being provided.
40. That should any material relocated die in the field the tree should be replaced with code required
acceptable tree.
41. That all water and all easements be located in hardscape areas excluding any landscape areas.
42. That the applicant is strongly urged to look at utilizing a ficus vein along the perimeter of the wall.
43. That all mechanical equipment is appropriately screened.
SPRAB Architectural Elevations Condition:
44. That the new architectural features on the front facade of the existing building be extended along
the north and south side elevations at least twelve (12) feet eastward of the front factade and
three copies of the revised plans are to be submitted.
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SITE PLAN REVIEW AND APPEARANCE BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
March 22, 2006
VI.B.
Delray Extra Closet - Class IV Site Plan, Landscape Plan and Architectural
Elevations associated with the construction of two 1- story self-storage buildings
totaling 17,700 Sq.ft. and modification to the existing building front fa9ade located on
14216 Military Trial south of Lake Ida Road.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Agent.................. Storage Partners of Delray,
LLC/Caulfield & Wheeler, Inc.
Location.......................... 14216 Military Trail south of Lake
Ida Road
Property Size.................. 4.95 acres
Future Land Use Map..... Transitional
Current Zoning............... SAD (Special Activities District)
Adjacent Zoning....North: RM (Medium Residential Density)
East: RM (Medium Residential Density)
South: CF(Community Facility)
West: RL (Low Residential Density)
Existing Land Use.......... Self-storage facility
Proposed Land Use........ Expansion of the facility to include
two additional self-storage buildings
totaling 17,700 Sq.ft.
Water Service................. Existing on site.
Sewer Service................ Existing on site.
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VI.B.
The action before the Board is approval of the following aspects of a Class IV Site Plan for the
Delray Extra Closet, pursuant to LOR Section 2.4.5(G):
o Site Plan;
o Landscape Plan; and
o Architectural Elevations
The subject property is located on the east side of Military Trail, approximately 2,450' south of
Lake Ida Road (14216 Military Trail).
The subject property is a 4.95-acre tract located on the east side of Military Trail, approximately
2,450 feet south of Lake Ida Road. The property was annexed into the City in 1989 via City
Ordinance No. 28-89. The Ordinance applied an SAD zoning district to the property and
incorporated a site development plan, which allowed the construction of two (2) one-story self-
storage buildings with a total floor area of 76,230 sq. ft. The approval was for the development
to occur in four phases: Building 1 - Phase I, 18,000 sq. ft. and Phase II, 20,250 sq. ft.; and
Building 2 - Phase III, 18,000 sq. ft., and Phase IV, 19,980 sq. ft. Both phases of Building 1,
with a total of 38,250 sq. ft., have been constructed. Pursuant to LOR Section 2.4.4(0), as the
completion of this building represents at least 25% of the approved project, the project is a
vested development, and can be completed as approved.
In 2005, a Class I site plan modification was administratively approved, which included the
installation of a cul-de-sac at the eastern end of the site and a corresponding offset in the Phase
III and IV building to accommodate this modification.
At its January 23, 2006 meeting, the Planning and Zoning Board recommended to the City
Commission approval of an amendment to the SAD, processed as a rezoning, and modification
of the site plan for the Extra Closet self-storage facility. This modification is to allow two
additional self-storage buildings on the site. The Planning and Zoning Board recommended
approval of the modification to the SAD, subject to the conditions contained in the staff report
and the added conditions that the project is fully reviewed and approved by the Site Plan
Review and Appearance Board (SPRAB) with regards to site plan, exterior elevations, civil
engineering, and landscaping, and that SPRAB consider that the new architectural features on
the front (west) elevation of the existing building be extended along the north and south sides
for approximately 30 feet.
Ordinance No. 6-06, which modifies the SAD to allow expansion of the self storage facility, went
before the City Commission for First Reading on February 7, 2006. The City Commission
deferred the Second Reading of the Ordinance until the Site Plan Review and Appearance
Board has reviewed the project for approval.
The development proposal consists of the following:
· Construction of two additional 1-story self-storage buildings: one 14,700 sq. ft. and one
3,000 sq. ft.;
· Construction of 6 parking spaces, including one handicap accessible space;
Site Plan Review & Appearance Board Staff Report - Meeting of March 22, 2006
Delray Extra Closet - Class IV Site Plan, Landscape Plan, and Architectural Elevations
Page 2
. Installation of associated landscaping; and
. Modification of the existing building including:
Removal of the overhangs from the west (front) and south (side) elevations;
Removal of an existing window and door from the south side;
Installation of decorative bronze colored windows with white aluminum framing;
Installation of pacific blue awnings; and
Installation of a seattle blue standing-seam metal roof
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be addressed by
the body taking final action on the site and development application/request.
LOR Chapter 4.6 Supplementary Districts
Parkina
The applicant has provided six (6) parking spaces with one handicap accessible space.
Pursuant to the SAD zoning district development regulations, required parking can be
established by the site plan. If this project were being developed pursuant to the special
regulations of Section 4.3.3(A), Self-Service Storage Facilities (SSSF), parking would be
required at a rate of one (1) space per 5,000 sq. ft. of building floor area devoted to self-storage
and accessory management/administration uses. Based on the modified site plan with a total of
93,930 sq. ft. of storage and office space, this equates to a total of nineteen (19) parking
spaces. However, under those same regulations, a reduction is allowed if a sufficient number of
storage units have direct vehicular access, and internal driveways are designed to allow
customers to safely park in front of their storage units without impeding internal circulation.
Upon review, the site plan provides adequate room in front of each storage unit to allow for
loading and unloading without impeding vehicular circulation, therefore, a parking reduction can
be supported.
Perimeter Setbacks for SADs
Pursuant to Section 4.4.25(0)(1), a minimum setback of 15 feet shall be established around the
perimeter of any property developed under the SAD designation. Within the front and any side
street setback, the 15-foot setback shall be landscaped and no pavement shall be allowed
therein except for pedestrian ways and driveways which provide access to the property and
which are generally perpendicular to the abutting street. The setbacks for both the existing
building and the proposed buildings exceed the minimum requirement. The new buildings
provide a 152.2' front, 15.3' side, and 17.1' rear setback.
Liahtina
Pursuant to LOR Section 4.6.8, site lighting, limited to a maximum height of 25', must be
provided on-site and be consistent with the illumination level requirements included in this
section. Further, cutoff luminaries or fixtures provided with cut-off shielding shall be used
around the perimeter of a facility in order to limit glare and light spillage onto adjacent
properties.
According to the photometric plan included with the submittal, standard "shoe-box" style light
fixtures will be provided. The light fixtures will be limited to the parking lot and loading and
Site Plan Review & Appearance Board Staff Report - Meeting of March 22, 2006
Delray Extra Closet - Class IV Site Plan, Landscape Plan, and Architectural Elevations
Page 3
unloading areas. The proposed pole mounted fixture will be 20' above finished grade and the
wall mounted fixtures will be 12', which complies with LOR Section 4.6.8. The proposed
illumination levels are also in compliance.
LOR Section 4.3.4 Base District Development Standards:
Buildina Heiaht:
Pursuant to LOR Section 4.3.4(K), Development Matrix, within the SAO zoning district, the
maximum building height is 48'. There is also a 15' maximum height requirement within the
special regulations for Self-Service Storage Facilities. The proposed two new buildings will be
one-story (10 feet) in height, which meets both of these requirements.
Open Space
Pursuant to LOR Section 4.3.4(K), within SAO zone district, a minimum of 25% open space is
required. With a total of 36.27% provided, the open space requirement is met.
LOR Section 6.1.8 Underaroundina of Utilities:
Pursuant to Section 6.1.8, utility facilities serving the development shall be located underground
throughout the development. A note indicating this must be added to the plans.
Site & Enaineerina Plan Technical Items: While the revised site plan has been submitted
to accommodate staff concerns, the Engineering Department has not reviewed the
revised site plan. The original comments are included in Appendix C and are to be
addressed prior to building permit submittal.
A landscape plan has been submitted and evaluated by the City Horticulturalist. The landscape
plan generally complies with the City's landscape requirements. There are several technical
items that need to be addressed.
Landscape Plan Technical Items: While the landscape plan has accommodated most of
the staff concerns the following items remains outstanding, and must be addressed prior
to building permit submittal:
1. Pursuant to LOR Section 4.6.16(H) (4) (d), foundation landscaping shall be provided for
building elevations that are visible from the adjacent right-of-way. The applicant shall
clearly delineate and identify all existing landscaping along the south side of the existing
building and elsewhere on the site. The applicant shall provide foundation landscaping
along the west side of the building and the landscaping along the south side of the
building shall be upgraded There shall be vertical landscape elements to soften the
fayade and the planting shall be tiered, utilizing various shrub plantings and ground
cover.
2. Pursuant to LOR Section 4.6.16(0) (4) (a), the applicant shall provide the location of all
overhead lines (if any). The ultimate mature height and width of a tree to be planted
should not exceed the available overhead growing space. Tree species shall be
consistent with the recommendations in the most recent publication of FPL's "Plant the
Right Tree in the Right Place".
Site Plan Review & Appearance Board Staff Report - Meeting of March 22, 2006
Delray Extra Closet - Class IV Site Plan, Landscape Plan, and Architectural Elevations
Page 4
3. Black Olive trees are considered to be a nuisance species and should not be planted.
However, because they already exist on site, the Black Olive trees to be saved should
only be used to fill in the gaps along the north and east sides of the property to complete
the existing row of Black Olive trees. This will maintain some continuity. Any additional
Black Olive trees should be removed. The note on the plan indicates that the gaps on
the north and west sides of the site will be planted with the Black Olives.
4. Pursuant to LDR Section 4.6.16(H) (3) (a), a hedge wall or other durable landscape area
and at least one (1) shade tree for every thirty (30) linear feet shall be placed along the
interior perimeter of the required landscape strip that separates the vehicular use area
from the adjacent right-of-way. Though a hedge was proposed to be planted adjacent to
the two (2) parking stalls and the handicap space along the west side of the property,
one (1) shade tree shall be planted on the west side of the two (2) parking stalls. Per
4.6.16(H) (4) (c) the applicant shall provide screening for all ground level air conditioning
units and other mechanical equipment. The air conditioning units on the north side of
the existing building shall be screened.
5. Per 4.6.16(H) (4) (c) the applicant shall provide screening for all ground level air
conditioning units and other mechanical equipment. The air conditioning units on the
north side of the existing building shall be screened.
6. Per 4.6.16(E) (3) all landscape areas shall be separated from vehicular use areas by car
stops or non-mountable, reinforced concrete curbing of the type characterized as "Type
D". This would include the existing parking areas.
7. A concrete area is proposed between the cul-de-sac and the building and just to the east
of the cul-de-sac. Pavement in that location shall be eliminated. That area shall be a
green area with landscaping.
8. There is a green area between the outside of the existing perimeter wall and the
property lines. The applicant shall be responsible to landscape and maintain
these areas. Access to these areas, without encroachment onto other
properties, for maintenance of the wall and landscaping shall be provided.
9. Per 4.6.16(H) (3) (I) one (1) shade tree or equivalent number of palm trees shall be
planted in every interior island. A tree shall be planted in the island on the east side of
the two parking stalls (between the parking stalls and building). A second tree shall be
planted in the island that is centered between the four parking spaces (west of building
"C"). A third tree shall be planted in the island on the east end of the four spaces.
1 O. There are conflicts between proposed landscaping and various utilities running through
required landscape islands. The applicant shall show all utilities on the landscape plan
to avoid conflicts.
11. When a driveway intersects a right-of-way, no hedge, wall or fence can be installed or
'maintained at a height that exceeds thirty-six (36) inches for a distance of twenty (20)
feet from the intersection of the two property/right-of-way lines. The plan shows only a
ten (10) foot triangle.
12. The landscape calculations are inaccurate. Please submit calculations that accurately
reflect the square footage of plant material that is being provided.
Site Plan Review & Appearance Board Staff Report - Meeting of March 22, 2006
Delray Extra Closet - Class IV Site Plan, Landscape Plan, and Architectural Elevations
Page 5
LOR Section 4.6.18CBH14l Criteria for Board Action: The following criteria shall be
considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for
building permits. If the following criteria are not met, the application shall be disapproved:
1) The plan or the proposed structure is in conformity with good taste; good design, and in
general contributes to the image of the City as a place of beauty, spaciousness,
harmony, taste, fitness, broad vistas, and high quality.
2) The proposed structure, or project, is in its exterior design and appearance of quality
such as not to cause the nature of the local environment or evolving environment to
materially depreciate in appearance and value.
3) The proposed structure, or project, is in harmony with the proposed developments in the
general area, with the Comprehensive Plan, and with the supplemental criteria which
may be set forth for the Board from time to time.
The modified front elevation for the existing building involves an ensemble of complementary
colors consisting of mocha cream, pacific sand and white trim. The blue roof and awnings
combined with the decorative windows provide a nice accent to the Floridian presentation of the
building.
The two new buildings will border the south side of the property which is adjacent to a U.S. Post
Office within the CF (Community Facilities) zoning district. One of the new buildings, placed
toward the east end of the property, will have a total of 14,700 sq. ft. with a width of 30' and a
length of 490'. The second building will be located toward the front of the property (west end)
and will have a total of 3,000 sq. ft. with a width of 20' and a length of 150'. Both buildings will
be one-story in height. These long and narrow rectangular buildings will have shed roofs
covered with galvalume steel roof panels. To compliment the proposed colors on the existing
building, the ribbed metal wall panels will be lightstone and the roll-up doors will be lightstone
tan. Overall, the proposed modifications will improve the aesthetics of the site and will be in
harmony with developments in the general area. Thus, a positive finding can be made with
respect to LOR Section 4.6.18 (E), provided all conditions of approval are met.
Pursuant to LOR Section 3.1.1 (Required Findings), prior to the approval of development
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 following areas:
LOR Section 3.1.1 (A) - Future Land Use Map:
The subject property has a Future Land Use Map designation of TRN (Transitional) and a
zoning designation of SAD (Special Activities District) which are consistent with one another.
The existing self storage facility is a permitted use on the property as defined by the approved
site plan included as part of the SAD Ordinance. Modification of the SAD to expand the existing
facility is being processed as a rezoning application. Thus, positive findings can be made with
respect to FLUM consistency.
Site Plan Review & Appearance Board Staff Report - Meeting of March 22, 2006
Delray Extra Closet - Class IV Site Plan, Landscape Plan, and Architectural Elevations
Page 6
LOR Section 3.1.1 (B) - Concurrency:
As described in Appendix "A", a positive finding of concurrency can be made as it relates to
water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste,
and schools.
LOR Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions):
As described in Appendix "B", a positive finding of consistency can be made as it relates to
Standards for Site Plan Actions.
LOR Section 3.1.1 (D) - Compliance with the Land Development Regulations:
As described under the Site Plan Analysis section of this report, a positive finding of compliance
with the LDRs can be made when all outstanding items attached as conditions of approval are
addressed.
Comcrehensive Plan Policies:
A review of the objectives and policies of the Comprehensive Plan was conducted and the
following applicable objective was noted.
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.
By practice and policy, the SAD zoning designation is deemed consistent with the underlying
land use as shown on the Future Land Use Map (FLUM). The FLUM designation "Transitional"
appropriately reflects the existing land use (self-storage facility) on the property. Along Military
Trail, a combination of commercial, industrial, residential, and public facility uses exist. The
modification of the SAD to allow expansion of an existing self-storage facility will not negatively
impact the existing land uses in the area. Additionally, because of its low intensity, the self
storage facility provides a suitable transition between the higher intensity use to the south (U.S.
Post Office), and the medium density residential uses to the north. In terms of fulfilling land use
needs, the City has experienced a rapid increase in multi-family development in recent years.
Many of these units do not have garages or other space for adequate storage. Expansion of an
existing facility is the most cost effective method to provide additional self storage space within
the City.
The development proposal is not within a geographical area requIring review by the DDA
(Downtown Development Authority) or CRA (Community Redevelopment Agency).
Courtesy Notices:
A special courtesy notice was provided to the following homeowners and/or civic organizations:
· Neighborhood Advisory Council
. President Council
· Progressive Residents of Delray (PROD)
· High Point Section 6 & 7
Site Plan Review & Appearance Board Staff Report - Meeting of March 22, 2006
Delray Extra Closet - Class IV Site Plan, Landscape Plan, and Architectural Elevations
Page 7
. High Point Delray West 1, 2, & 3
. Country Manor
. Rainberry Woods
. lees Crossing
letters of objection or support, if any, will be presented at the Site Plan Review and Appearance
Board (SPRAB) meeting.
The development proposal involves modification of the front (west) fa9ade of the existing
building and construction of two additional self-storage buildings, one 3,000 S.F and the other
14,700 S.F. These site plan modifications are being processed via an amendment to the
existing SAD created by Ordinance 28-89. The development proposal is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(G), and Chapter 3 of the land
Development Regulations, provided the attached conditions of approval are addressed.
A. Continue with direction.
B. Move approval of the Class IV site plan, landscape plan and architectural elevations for
Delray Extra Closet, 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 meets criteria
set forth in Section 2.4.5(G), and Chapter 3 of the land Development Regulations, subject
to conditions.
C. Move denial of the Class IV site plan, landscape plan and architectural elevations for Delray
Extra Closet, by adopting the findings of fact and law contained in the staff report, and
finding that the request is inconsistent with the Comprehensive Plan and does not meet
criteria set forth in Section 2.4.5(G) and Chapter 3 of the land Development Regulations.
By Separate Motions:
Site Plan:
Move approval of the request for a Class IV site plan for Delray Extra Closet, 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 criteria set forth in Sections
2.4.5(G)(5), and Chapter 3 (Performance Standards) of the land Development Regulations,
subject to the following condition:
1. That the applicable Site and Engineering Plan Technical Items as indicated in Appendix
C of the staff report are addressed and three (3) copies of the revised plans are
submitted.
Site Plan Review & Appearance Board Staff Report - Meeting of March 22, 2006
Delray Extra Closet - Class IV Site Plan, Landscape Plan, and Architectural Elevations
Page 8
Landscape Plan:
Move approval of the landscape plan for Delray Extra Closet, by adopting the findings of fact
and law contained in the staff report, and finding that the request meets criteria set forth in
Section 4.6.16 of the Land Development Regulations, subject to the following condition:
1. That all Landscape Technical Items are addressed and three (3) copies of the revised
plans are submitted.
Architectural Elevations:
Move approval of the architectural elevations for Delray Extra Closet, by adopting the findings
of fact and law contained in the staff report, and finding that the request meets criteria set forth
in Section 4.6.18(E) of the Land Development Regulations, subject to the following condition:
1. That the new architectural features on the front fayade of the existing building be
extended along the north and south side elevations at least 30 feet eastward of the front
fayade and three (3) copies of the revised plans are submitted.
Report prepared by: Derrick L. Cook, Planner
Attachments:
. Append ix A
. Appendix B
. Appendix C
. Site Plan
. Landscape Plan
. Architectural Elevations
Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B-2 of the Land
Use Element of the Comprehensive Plan, must be met and a determination made that the public
facility needs of the requested land use and/or development application will not exceed the ability
of the City to fund and provide, or to require the provision of, needed capital improvements for the
following areas:
Water and Sewer: The facility is already served by water and sewer service. Expansion of the facility to
provide additional storage space will not impact these facilities. Based upon the above, positive findings
can be made with respect to these levels of service standards.
Streets and Traffic: The subject property is located on Military Trail, approximately 2,450' south of Lake
Ida Road. Pursuant to LDR Section 2.4.3(D)(2), developments proposals which generate 200 or less ADT
shall be accompanied by a traffic statement. A traffic statement has been submitted that indicates the
proposed additional 17,700 square feet of self storage space will generate an additional 44.25 ADT
(17,700 x 2.5/1000 = 44.25). This additional traffic is minimal and will not impact the level of service on
Military Trail. Thus a positive finding with respect to this level of service standard can be made.
Parks and Open Space: Park dedication requirements do not apply for non-residential uses. Thus, the
proposed development will not have an impact with respect to this level of service standard.
Solid Waste: Trash generated each year by the additional 17,700 square feet of self storage space will be
46 tons (5.2 Ibslsf x 17,700 12000 = 46). The Solid Waste Authority has indicated that its facilities have
sufficient capacity to handle all development proposals until the year 2021, thus a positive finding with
respect to this level of service standard can be made.
Drainaqe: Drainage will be accommodated on-site via a system of inlets and exfiltration trenches under
the main drive aisle and dry retention areas located on the north side of the property. There appears to be
no problems anticipated in accommodating on-site drainage; however, the Engineering Department does
have technical comments regarding drainage that will need to be addressed before issuance of a building
permit. Based upon the above, positive findings with respect to this level of service standard can be
made.
Schools: The project contains no residential component. Therefore, school concurrency is not applicable.
A. Building design, landscaping, and lighting (glare) shall be such that they do not
create unwarranted distractions or blockage of visibility as it pertains to traffic
circulation.
Not applicable
Meets intent of standard
Does not meet intent
X (subject to condition of approval)
B. Separation of different forms of transportation shall be encouraged. This includes
pedestrians, bicyclists, and vehicles in a manner consistent with policies found
under Objectives D-1 and D-2 of the Transportation Element.
Not applicable X
Meets intent of standard
Does not meet intent
C. Open space enhancements as described in Policies found under Objective B-1 of
the Open Space and Recreation Element are appropriately addressed.
Not applicable X
Meets intent of standard
Does not meet intent
D. The City shall evaluate the effect that any street widening or traffic circulation
modification may have upon an existing neighborhood. If it is determined that the
widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted.
Not applicable X
Meets intent of standard
Does not meet intent
E. Development of vacant land which is zoned for residential purposes shall be
planned in a manner which is consistent with adjacent development regardless of
zoning designations.
Not applicable X
Meets intent of standard
Does not meet intent
Appendix B
Page 2
F. Vacant property shall be developed in a manner so that the future use and
intensity are appropriate in terms of soil, topographic, and other applicable
physical considerations; complementary to adjacent land uses; and fulfills
remaining land use needs.
Not applicable
Meets intent of standard X
Does not meet intent
G. Redevelopment and the development of new land shall result in the provision of a
variety of housing types which shall continue to accommodate the diverse
makeup of the City's demographic profile, and meet the housing needs identified
in the Housing Element. This shall be accomplished through the implementation
of policies under Objective B-2 of the Housing Element.
Not applicable X
Meets intent of standard
Does not meet intent
H. The City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
Not applicable
Meets intent of standard X
Does not meet intent
I. Development shall not be approved if traffic associated with such development would
create a new high accident location, or exacerbate an existing situation causing it to
become a high accident location, without such development taking actions to remedy the
accident situation.
Not applicable X
Meets intent of standard
Does not meet intent
J. Tot lots and recreational areas, serving children from toddler to teens, shall be a
feature of all new housing developments as part of the design to accommodate
households having a range of ages. This requirement may be waived or modified
for residential developments located in the downtown area, and for infill projects
having fewer than 25 units.
Not applicable X
Meets intent of standard
Does not meet intent
1. Palm Beach County permits are required for this project. Provide copies of the County Right-of-
Way permit, drainage permit and utility permit.
2. Health Department permits are required for this project. Provide copy of the water permit.
3. A SFWMO permit is required for this project. Provide copies of permit modification or a letter of
exception.
4. A LWOD permit is required for this project. Provide copies of permit or a letter of exception.
5. Show swale and grading on the south side of buildings "B" and "C".
6. Indicate proposed paving elevations and existing and proposed site grades.
7. Provide a typical cross section from building "C" to adjacent property. Show the existing grades
on adjacent property.
8. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality criteria
(1"0. Provide signed and sealed drainage calculations and indicate how storm water will be
retained on site.
9. Provide certified exfiltration trench test results.
10. Provide paving cross section.
11. Clearly indicate limits of new pavement.
12. Clearly dimension driveway width. Maximum width of driveway is 24 feet.
13. Clearly indicate on plans the limits and types of all curbing.
14. Handicap spaces are to be provided in accordance with Florida Accessibility Code for Building
Construction.
15. Verify that two parallel 8" water mains are required through the site.
16. All connections to existing water mains shall be made while the water main is under normal
working pressure. If this cannot be accommodated, the design shall incorporate special
provisions such as line-stops to minimize the impact on existing customers.
17. Indicate on plans the location of pigging wyes.
18. On sheet 8 of 11, remove the word "fire" from 8" water main call out.
19. Provide 12 foot water easement over water mains.
20. Provide copy of permitted Landscape plan.
21. Provide per LOR Section 2.4.3 (F) (4), a composite utility plan that show the location of all
existing and proposed utilities (water, sewer, power, telephone, gas, cable and drainage). The
composite plan shall be signed by a representative of each utility provider attesting to the fact that
Appendix C
Page 2
22. services can be accommodated as shown on the composite utility plan. The composite plan shall
address the responsibility for relocation of existing services and installation of new services.
23. A minimum 10' general utility easement is to be provided through the property.
24. A certified engineer's estimate will be required for all City maintained improvements. A 110%
surety and 2% engineering inspection fees will be required. A Financial Guarantee and
Agreement for Completion of Required Improvements is required. This agreement can be
obtained at www.mydelraybeach.com. For additional information see Section II of the City of
Delray Beach Minimum Construction Standards. Prior to Certificate of Occupancy and the return
of the 110% surety a 10% warranty surety will be required.
25. Project is over one (1) acre in size; provide a copy of FDEP Notice of Intent.
26. Provide a detailed description of how each of these comments has been addressed with next
submittal, along with two sets of revised plans to the Engineering Department, 434 S. Swinton
Avenue.
27. All utilities serving the development shall be placed underground. This must be noted on the site
plan.
28. Additional comments may follow upon provision of requested information.
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MEETING OF FEBRUARY 7, 2006
MODIFICATION TO ORDINANCE 28-89 (EXTRA CLOSET SAD)
TO INCREASE THE INTENSITY OF THE SITE TO ALLOW TWO
ADDITIONAL STORAGE BUILDINGS TOTALING 17.700 S.F.
The subject property is a 4.95 acre tract located on the east side of Military Trail
approximately 2,450 feet south of Lake Ida Road. The property was annexed into the
City in 1989 via City Ordinance No. 28-89. The Ordinance applied an SAO zoned district
for the property and incorporated a site development plan, which allowed the
construction of two (2) one-story self-storage buildings. The two self-storage buildings
with a total floor area of 76,230 sq. ft. was a four phased project: Phase I, 18,000 sq. ft.,
Phase II, 20,250 sq. ft., Phase III, 18,000 sq. ft., and Phase IV, 19,980 sq. ft. Phase I
and II, a total of 38,250 sq. ft., has been constructed. Pursuant to LOR Section 2.4.4(0),
as the completion of the Phase I and II represent at least 25% of the construction, the
project is a vested development, and can be completed as approved.
The proposal before the Commission is an amendment of the SAO, (processed as a
rezoning) which involves modification of the approved site plan. The modification will
involve the addition of two self-storage facility buildings bordering the south side of the
property. One of the proposed buildings will be placed toward the east end of the
property having a width of 30' and a length of 490' (totaling 14,700 sq. ft). The second
building will be located toward the front of the property (west end) and have a width of
20' and a length of 150' (totaling 3,000 sq. ft.) and both buildings will be one-story in
height. The proposal will retain a total of six (6) parking spaces with one being handicap
accessible. Additional vehicle parking is available on the internal driveway access
system that allows customers to safely park in front of their storage units without
impeding internal circulation.
At is meeting of January 23, 2006, the Planning and Zoning Board held a public hearing
in conjunction with review of the request. One person from the public spoke in
opposition to the proposed modification. After discussion, the Board voted 7-0 to
recommend to the City Commission approval of the following amendment to SAO
Ordinance No. 28-89 based upon positive findings of LOR Section 3.1.1 and 3.2.2(0),
and LOR Section 2.4.5(0)(5) (Rezoning Findings), and the Goals, Objectives and
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City Commission Documentation
Meeting Date: February 7, 2006
Extra Closet SAD Modification- Amendment to Ordinance No. 28-89
Page 2
Policies of the Comprehensive Plan subject to conditions identified in the staff report
and the following:
1. That the project is fully reviewed and approved by the Site Plan Review and
Appearance Board (SPRAB) with regards to site plan, exterior elevations, civil
engineering, and landscaping; and,
2. That the proposed new exterior elevations on Military Trail be extended along the
north and south side elevations at least 30 feet eastward from the front fac;ade.
By motion, approval of the following amendment to SAO Ordinance No. 28-89 to expand
the Extra Closet development plan to allow two additional self-storage buildings totaling
17,700 S.F., based upon positive findings of LOR Sections 3.1.1 and 3.2.2(0), and LOR
Section 2.4.5(0)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the
Comprehensive Plan subject to compliance with conditions in the Planning and Zoning
Board staff report and the following:
1. That the project is fully reviewed and approved by the Site Plan Review and
Appearance Board (SPRAB) with regards to site plan, exterior elevations, civil
engineering, and landscaping; and,
2. That the proposed new exterior elevations on Military Trail be extended along the
north and south side elevations at least 30 feet eastward from the front fac;ade.
Attachments:
· Proposed Extra Closet SAD Ordinance No. 6-06
· P&Z Staff Report
· Location Map
· Original Extra Closet SAD Ordinance No. 28-89
Report prepared by: Derrick Cook, Planner
ORDINANCE NO. 6-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE EXTRA CLOSET
SPECIAL ACTIVITIES DISTRICT (SAD), AS ESTABLISHED BY
ORDINANCE 28-89, BY ADDING TWO MORE SELF SERVICE
STORAGE FACILITY BUILDINGS TOTALING 17,700 SQUARE
FEET; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, an application has been received for a modification to The Extra Closet Special
Activities District (SAD) established by Ordinance 28-89, to add two more self service storage
facility buildings totaling 17,700 square feet; and
WHEREAS, at its meeting of January 23,2006, the Planning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to
o to recommend that the request be approved, based upon positive findings and subject to
conditions; 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; and
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 Extra Closet Special Activities District (SAD), established pursuant to
Ordinance 28-89 is hereby amended as follows:
(1) That the modifications to the site include:
(a) Construction of two self service storage facility buildings totaling 17,700 square feet.
(b) Installation of associated landscaping.
Section 3. That the Site Plan Review and Appearance Board (SPRAB) approval be obtained
for the specific site and development plan, and that any future site plan modifications be reviewed
by SPRAB.
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 passage on second
and final reading.
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. 6-06
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PLANNING AND ZONING BOARD
---STAFF REPORT ---
CITY OF DELRA Y BEACH
January 23, 2006
III.A
Modification of an Approved SAO (Special Activities Oistrict) Ordinance
No. 28-89, to Expand the existing Site Plan to allow two additional self-
storage buildings. The subject property is a 4.95 acre tract located on the
east side of Military Trail approximately 2,450 feet south of Lake Ida R()ad.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant.............. Storage partners of Delray, LLC
Agent............................... Caulfield & Wheeler, Inc.
Location.......................... South of Lake Ida Road on Military Trail
Property Size................... 4.95 acres
Existing FLUM ................ Transitional
Current Zoning................ SAD (Special Activities District)
Proposed Zoning............. SAD (Special Activities District)
Adjacent Zoning.....North: Medium Density Residential
East: Medium Density Residential
South: Community Facility
West: Low Density Residential
Existing Land Use........... Approved Development of Two Self-
storage buildings totaling 76,230 sq. ft.
Proposed Land Use......... SAD modification to add two additional
self-storage buildings totaling 17,700 S.F.
Water Service.................. Existing 12" main within the existing spine
road.
Sewer Service................. Existing 8" main within the existing spine
road.
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III.A
The action before the Board is that of making a recommendation to the City Commission on the
modification of an existing SAD (Special Activities District) zoning district and its related site
plan. The SAD was established pursuant to Ordinance No. 28-89 and is approved for a 76,230
sq. ft. self-storage facility in two building. One of the two buildings exists on site and a permit is
being sought for the remaining building. The modification will include the addition of two more
self-storage buildings representing an additional 17 ,700 sq. ft.
The SAD is a special zone district which accommodates uses listed in the ordinance that
established the specific SAD district. Pursuant to Land Development Regulations (LDR) Section
4.4.25(C)(1), all SADs are established via an ordinance processed as a rezoning. Thus, all
findings necessary for approval of a rezoning are applicable to modification approval of the
SAD.
Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board)
shall review and make recommendations to the City Commission with respect to the rezoning of
any property with the City.
The subject property is a 4.95 acre tract located on the east side of Military Trail approximately
2,450 feet south of Lake Ida Road. The property was annexed into the City in 1989 via City
Ordinance No. 28-89. The Ordinance applied an SAD zoned district for the property and
incorporated a site development plan, which allowed the construction of two (2) one-story self::
storage buildings. The two self-storage buildings with a total floor area of 76,230 sq. ft. was I
four phased project: Phase 1,18,000 sq. ft., Phase II, 20,250 sq. ft., Phase 111,18,000 sq. ft., and
Phase IV, 19,980 sq. ft. Phase I and II, a total of 38,250 sq. ft., has been constructed. Pursuant
to LDR Section 2.4.4(D), as the completion of the Phase I and II represent at least 25% of the
construction, the project is a vested development, and can be completed as approved.
In 2005, a Class I site plan modification was administratively approved, which included the
installation of a cul-de-sac at the eastern end of the site and a corresponding indent in the
Phase III and IV building to accommodate this modification.
The proposal before the Board is an amendment of the SAD, to be processed as a rezoning and
modification of the related site plan. The modification is to allow two additional self-storage
facilities buildings at the site. The two buildings will border the south side of the property which
is adjacent to Community Facility district containing the U.S. Post Office. One of the proposed
self-storage buildings will be placed toward the east end of the property having a width of 30'
and a length of 490' totaling 14,700 sq. ft. The second self-storage building will be located
toward the front of the property (west end) and have a width of 20' and a length of 150' totaling
3,000 sq. ft. and both buildings will be one-story in height. The proposal will also provide a total
of six (6) parking spaces of which one will be handicap accessible.
Staff Planning & Zoning Board Report, January 23, 2006
SAD Ordinance Amendment - Extra Closet (Add two additional Self-Storage Buildings)
Page 2
SAD ORDINANCE AMENDMENT:
Pursuant to LOR Section 4.4.25, The Special Activities District (SAD) is established in order to
provide a zone district which is appropriate for projects which are not otherwise classified or
categorized in other zone districts; or, which for some other good reason, cannot be properly
accommodated in the other zone districts. While SAD zoning is deemed consistent with any
land use designation on the Future Land Use Map (FLUM), the uses allowed within a specific
SAD shall be consistent with the land use category shown on the FLUM. The uses, activities,
and characteristics of a SAD are to be consistent with the Comprehensive Plan, suitable and
compatible with surrounding existing development, and with the proposed character of the area.
Additional uses may be allowed after review and recommendation by the Planning and Zoning
Board and approval by ordinance of the City Commission. All modifications to SAD ordinances
are to be processed as a rezoning. The required findings include Chapter 3, LOR Section 3.2.2
and LOR Section 2.4.5(0)(5).
REQUIRED FINDINGS (CHAPTER 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development
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 consistency with the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
With the annexation and SAD approval (Ordinance No. 28-89) at the City Commission meeting
May 23, 1989, positive findings were made with respect to the Future land Use Map,
Concurrency, Comprehensive Plan Consistency, and Compliance with the Land
Development Regulations. These findings related to the establishment of a self-storage facility
containing a total of 76,230 sq. ft. with 20 parking spaces and related landscape improvements.
The proposed amendment includes the expansion of the approval to include an additional
17,700 sq. ft. of storage area and reduction of fourteen (14) parking spaces leaving a total of six
(6) parking spaces. These improvements do not affect the original findings made on May 23,
1989
REQUIRED FINDINGS PURSUANT TO lDR SECTION 3.2.2:
The request is an expansion of an existing use and as such requires findings in LOR Section
3.2.2 are not applicable with the exception of 3.2.2(0), which states that the rezoning shall result
in allowing land uses which are deemed compatible with adjacent and nearby land uses. The
expansion of this use is compatible with the adjacent land uses which included Community
Facilities to the south (U.S. Post Office) and Medium Density Residential uses to the north
(High Point development). To the west of the property is a mixed use of commercial, light
industrial and residential components which are largely within the Palm Beach County
jurisdiction. Actually one of the uses northwest of the property is a self-storage facility (Public
Self Storage).
Staff Planning & Zoning Board Report, January 23, 2006
SAD Ordinance Amendment - Extra Closet (Add two additional Self-Storage Buildings)
Page 3
Section 2.4.5(0)(5) (Rezonina Findinas):
Pursuant to Section 2.4.5(0)(5) (Findings), in addition to provisions of Section 3.1.1, and
3.2.2. 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;
c. That the requested zoning is of similar intensity as allowed under the Future Land
Use Map and that it is more accrocriate for the property based upon
circumstances particular to the site and/or neighborhood.
The applicant has submitted a justification statement, which states the following:
This request qualifies for reason C. Revisions to the existing site plan will require this application
to be filed as a rezoning to permit the modification of existing SAD/Site Plan. The modification
will include the addition of 2 storage buildings, an upgrade to the street side (facing Military
Trail) fa<;ade of the existing building and revisions to the utility and landscape plan to
accommodate the additional buildings that are proposed. Given the structure of all SAD
ordinances it presents circumstances which require the processing of these changes as a
rezoning.
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.
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.
By practice and policy, the SAD zoning designation is deemed consistent with the underlying
land use as shown on the Future Land Use Map (FLUM). The existing use (self-storage facility)
because of its low intensity (one-story) provides a transition between the higher intensity uses to
the south, (U.S. Post Office) and the Medium Density Residential (RM) uses to the north. The
proposed FLUM designation "Transitional" appropriately reflects the existing land use pattern.
In terms of fulfilling land use needs, the Comprehensive Plan states the transitional land use
designation is applied to land which is developed, or is to be developed, for either residential or
nonresidential uses. In some instances, this designation provides for a transition between less
intensive residential use and commercial uses.
Staff Planning & Zoning Board Report, January 23, 2006
SAD Ordinance Amendment - Extra Closet (Add two additional Self-Storage Buildings)
Page 4
Along Military Trail a combination of commercial, industrial, residential, and public facility uses
exist. The modification of the SAD to allow an expansion of an existing self-storage use will not
be contrary to the existing land uses.
Future land Use Element Obiective A-1.1: The descriptions of land use designations
contained in this Element are hereby adopted and establish the intensity of use for each
future land use category and compatible zoning district designations.
As previously mentioned, the current FLUM designation is Transitional, which is compatible with
the FLUM designation of the surrounding areas. The expansion of the existing use and
modification of the SAD zoning continues to be compatible in intensity (one-story) to the
adjacent areas and as such is deemed a compatible zoning district designation.
The SAD is a unique district which requires submittal of a development plan concurrently with
the establishment or modification of the SAD. This is required because unlike conventional
zoning designations some of the development standards are those which are set forth on the
site and development plan. The LDRs allow two alternatives approval processes. The first
alternative requires the processing of a complete site and development plan with at least
preliminary engineering plans. The second alternative processing option allows the proposed
SAD to proceed to the first reading based upon a lesser submission. Prior to second reading a
complete site and development plan including landscaping and architectural plans must be
approved by the Planning and Zoning Board and accompanying the second reading of the
rezoning request to City Commission. For this SAD, the applicant has submitted a full site and
development plan and the following is an analysis of the submission.
COMPLIANCE WITH lAND DEVELOPMENT REGULATIONS
Items identified in the land Development Regulations shall specifically be addressed by
the taking final action on the site and development plan application/request. In
conjunction with the SAD modification request, a site plan application was submitted and
reviewed by staff. Staff's comments will be transmitted to the applicant and will need to
be addressed with the revisions to the site plan.
Perimeter Setbacks for SADs
Pursuant to Section 4.4.25(0)(1), a minimum setback of 15 feet shall be established around the
perimeter of any property developed under the SAD designation. Within the front and any side
street setback, a 15 foot setback area shall be a landscape setback area and no pavement shall
be allowed therein except for pedestrian ways and driveways which provide access to the
property and which are generally perpendicular to the abutting street. The existing building and
the proposed buildings locations exceed the building setback requirements. The new buildings
provide a 152.2' front, 15.3 side, and 17.1 rear setbacks.
Parkina
The applicant has provided six (6) parking spaces with one being a handicap space. Pursuant
to the SAD zoning district development regulations required parking can be established by the
site plan. If this were being developed utilizing the special regulations of Section 4.3.3., parking
Staff Planning & Zoning Board Report, January 23, 2006
SAD Ordinance Amendment - Extra Closet (Add two additional Self-Storage Buildings)
Page 5
shall be provided at a rate of one (1) space per 5,000 sq. ft. of building floor area devoted to
self-storage and accessory management/administration uses. Based on the combined site plan
a total of 93,930 sq. ft. of storage and office space, equates to a total of nineteen (19) parking
spaces. However, even under the self storage development standards a reduction is allowed if a
sufficient number of storage units have direct vehicle access, and internal driveways are
designed to allow customers to safely park in front of their storage units without impeding
internal circulation. Upon review, the site plan provides adequate room in front of each storage
unit to allow for loading and unloading without impeding vehicular circulation and therefore
supports a parking reduction.
Site Plan. Enaineerina. and Landscape Technical Items: The Engineering and Landscape
Divisions of the City both have submitted extensive comments regarding the proposed SAD
modification. The Divisions comments are attached as Appendix A and B respectively. None of
the comments will affect the spatial relationship of the improvements noted on the development
plan and can be attached as conditions of approval by the Planning and Zoning Board.
However, as a rezoning cannot proceed to City Commission with any conditions, these
conditions are to be addressed prior to scheduling of the item for City commission action.
The development proposal is not within a geographical area requIring review by the DDA
(Downtown Development Authority) or CRA (Community Redevelopment Agency).
Courtesy Notices:
A special courtesy notices was provided to the following homeowners and/or civic organizations:
. Neighborhood Advisory Council
. President Council
. PROD
. High Point Sections 6 and 7
. High Point Delray West Sections 1, 2, and 3
. Country Manors
. Rainberry Woods
. Lees Crossing
Public Notice:
Formal public notice has been provided to the owners of all properties subject to SAD
amendment as well as to property owners within a 500' radius of the subject property.
Letters of support and objection, if any, will be presented at the Planning and Zoning Board
meeting.
The proposed modification to the SAD is consistent with the goals, objectives and/or policies of
the City's Comprehensive Plan, LDR Sections 2.4.5(D)(5), 3.1.1 and 3.2.2(D). Positive findings
can be made with respect to Concurrency and Compatibility with the surrounding land uses.
Staff Planning & Zoning Board Report, January 23, 2006
SAD Ordinance Amendment - Extra Closet (Add two additional Self-Storage Buildings)
Page 6
The self-storage use is appropriate and is consistent with the original intent of the site when it
was annexed into the City. As discussed earlier, the modification of the site to allow greater
density of self-storage and the proposed intensity (one story) is consistent with adjacent land
use patterns. The self-storage facility acts as a transition buffer between the residential use to
the north of the property and a commercial oriented use to the south. Based upon the above,
the positive recommendation can be made for the amendment to SAD Ordinance NO.28-89 and
the related site development plans based on the findings outlined in this report.
A. Continue with direction.
B. Recommend to the City Commission approval of the proposed amendments to the SAD
Ordinance No. 28-89 based upon positive findings with respect to the Goals, Objectives
and Policies of the Comprehensive Plan.
C. Recommend to the City Commission denial of the proposed amendments to the SAD
Ordinance No. 28-89 based upon a failure to make positive findings with respect to the
Goals, Objectives, and Policies of the Comprehensive Plan.
By Separate Motion:
A. Recommend to the City Commission approval of the following amendment to SAD
Ordinance No. 28-89 based upon positive findings of Chapter 3, LDR Section 3.2.2., and
LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of
the Comprehensive Plan subject to compliance with conditions contained in Appendix A
and B.
Attachments:
· Location Map
· Appendix A
· Appendix B
Report prepared by: Derrick Cook, Planner
Appendix A
Pre-application meeting with FOOT is required. Provide copy of pre-application letter from
DOT.
1. Palm Beach County permits are required for this project. Provide copies of the County
Right-of-Way permit, drainage permit and utility permit.
2. Health Department permits are required for this project. Provide copies of the water
permit and sewer permit.
3. A SFWMD permit is required for this project. Provide copies of permit or a letter of
exception.
4. A LWDD permit is required for this project. Provide copies of permit or a letter of
exception.
5. Engineering site and landscaping plans need to be drawn at 1 "=20' or 1 "=30' scale.
6. Indicate existing elevations on existing roadway.
7. Indicate proposed paving elevations and existing and proposed site grades.
8. Provide a typical cross section from building to adjacent right-of-way or adjacent
property at all property lines. Pay particular attention to grade differential from proposed
site to existing adjacent properties and show the existing grades on adjacent property.
9. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality
criteria (1 "0. Provide signed and sealed drainage calculations and indicate how storm
water will be retained on site.
10. Provide certified exfiltration trench test results.
11. Provide paving cross section.
12. Indicate limits of new pavement.
13. Clearly dimension driveway width. Maximum width of driveway is 24 feet.
14. Clearly indicate on plans the limits and types of all curbing.
15. Handicap spaces are to be provided in accordance with Florida Accessibility Code for
Building Construction.
16. Provide dimensions for section through dry retention area and indicate proposed
locations of trees.
17. Parking layout and striping need to follow City of Delray Beach standards. Provide
standard City of Delray Beach parking stall detail.
Staff Planning & Zoning Board Report, January 23, 2006
SAD Ordinance Amendment - Extra Closet (Add two additional Self-Storage Buildings)
Page 8
18. Indicate stop bars and signs at egress drives as well as providing interior traffic control
markings and signage. Clearly indicate onsite traffic control.
19. Indicate sight distances at all ingress/egress points and all intersections. Sight triangles
should be indicated on landscape plans. Provide copy of the approved landscape plans.
Per section 4.6.14 of LDR's any landscaping in the site triangle "shall provide
unobstructed cross-visibility at a level between 3' and 6'" this includes tree trunks.
20. Provide note that water meter sizes are to be determined by the City of Delray Beach
Utility Department upon building permit application and remove the size indicated on the
engineering plans.
21. A RPZ backflow preventor will be required on the water service. Provide standard city
RPZ backflow preventor detail on plans.
22. Provide on the plans current City of Delray Beach standard construction details as
applicable.
23. All connections to existing water mains shall be made while the water main is under
normal working pressure. If this cannot be accommodated, the design shall incorporate
special provisions such as line-stops to minimize the impact on existing customers.
24. Indicate on plans the location of pigging wyes.
25. Provide on the detail sheet the City's standard Fill and Flush detail.
26. Provide double valves at connection points.
27. Provide 12 foot water easement over water mains.
28. Water mains need to be located a minimum of 10' from building.
29. Indicate typical configuration and location of proposed sewer services with c1eanouts.
30. Provide note on both the Engineering Plans and the Landscape Plans that there shall be
no trees or shrubs placed within water, sewer or drainage easements.
31. Provide copy of approved Landscape plan.
32. Provide per LDR Section 2.4.3 (F) (4), a composite utility plan that show the location of
all existing and proposed utilities (water, sewer, power, telephone, gas, cable and
drainage). The composite plan shall be signed by a representative of each utility
provider attesting to the fact that services can be accommodated as shown on the
composite utility plan. The composite plan shall address the responsibility for relocation
of existing services and installation of new services.
33. A minimum 10' general utility easement is to be provided through the property.
34. A certified engineer's estimate will be required for all City maintained improvements. A
110% surety and 2% engineering inspection fees will be required. A Financial
Guarantee and Agreement for Completion of Required Improvements is required. This
agreement can be obtained at www.mvdelravbeach.com. For additional information see
Staff Planning & Zoning Board Report, January 23, 2006
SAD Ordinance Amendment - Extra Closet (Add two additional Self-Storage Buildings)
Page 9
Section II of the City of Delray Beach Minimum Construction Standards. Prior to
Certificate of Occupancy and the return of the 110% surety a 10% warranty surety will
be required.
35. Provide a Pollution Prevention Plan. Prior to and during construction of all sites, the
permitee shall implement and maintain all erosion and sediment control measures
included in the required Pollution Prevention Plan. For projects over one (1) acre in size,
provide a copy of FDEP Notice of Intent.
36. Provide a detailed description of how each of these comments has been addressed with
next submittal, along with two sets of revised plans to the Engineering Department, 434
S. Swinton Avenue.
37. Additional comments may follow upon provision of requested information.
Appendix B
1. Per 4.6.16(B)(4) to any modification of existing development which results in an increase
of 25% in the gross floor area of a structure, or structures, situated on the site---the
entire site shall be upgraded to present landscape standards.
2. Per 4.6.16(H) (4) (d) foundation landscaping shall be provided for building elevations
that are visible from the adjacent right-of-way. The applicant shall clearly delineate and
identify all existing landscaping along the south side of the existing building and
elsewhere on the site. The applicant shall provide foundation landscaping along the
west side of the building and the landscaping along the south side of the building shall
be upgraded There shall be vertical landscape elements to soften the fa<;ade and the
planting shall be tiered, utilizing various shrub plantings and ground cover.
3. Per 4.6.16(H) (4) (c) the applicant shall provide screening for all ground level air
conditioning units and other mechanical equipment.
4. Per 4.6.16(D) (4) (a) the applicant shall provide the location of all overhead lines (if any).
The ultimate mature height and width of a tree to be planted should not exceed the
available overhead growing space. Tree species shall be consistent with the
recommendations in the most recent publication of FPL's "Plant the Right Tree in the
Right Place".
5. Black Olive trees are considered to be a nuisance species and should not be planted.
However, because they already exist on site, the Black Olive trees to be saved should
only be used to fill in the gaps along the north and east sides of the property to complete
the existing row of Black Olive trees. This will maintain some continuity. Any additional
Black Olive trees should be removed.
6. Per 4.6.16(H) (3) (a) a hedge wall or other durable landscape area shall be placed along
the interior perimeter of the required landscape strip that separates the vehicular use
area from the adjacent right-of-way. The two (2) parking stalls and the handicap space
along the west side of the property require screening. In addition, one (1) shade tree
shall be planted every thirty (30) feet along this buffer.
7. Per 4.6.16(H) (3) (d) a landscape barrier shall be provided between the off-street parking
area other vehicular use area and abutting properties. The landscape barrier may be
two (2) feet at the time of planting and achieve and be maintained at not less than three
(3) nor greater than six (6) feet in height to form a continuous screen between the off-
street parking area or other vehicular use area and such abutting property. This applies
to the west and south sides of the site.
8. Per 4.6.16(E) (3) all landscape areas shall be separated from vehicular use areas by car
stops or non-mountable, reinforced concrete curbing of the type characterized as "Type
D". This would include the existing parking areas.
9. A concrete area is proposed between the cul-de-sac and the building and just to the east
of the cul-de-sac. Pavement in that location shall be eliminated. That area shall be a
green area with landscaping.
Staff Planning & Zoning Board Report, January 23, 2006
SAD Ordinance Amendment - Extra Closet (Add two additional Self-Storage Buildings)
Page 11
10. There is a green area between the outside of the existing perimeter wall and the
property lines. The applicant shall be responsible to landscape and maintain these
areas. Access to these areas, without encroachment onto other properties, for
maintenance of the wall and landscaping shall be provided.
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Located on the east side of Military Trail,
between West Atlantic Avenue and Lake Ida
Road, approximately 2,750 feet north of
west Atlantic Avenue.
PORTION IMPROVED
PORTIO~ UNIt1PROVED
ORDINANCE NO. 28-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH A PARCEL OF LAND
LYING AND BEING IN SECTION 13, TOWNSHIP 46
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS
LOCATED ON THE EAST SIDE OF MILITARY TRAIL,
BETWEEN WEST ATLANTIC AVENUE AND LAKE IDA
ROAD, APPROXIMATELY 2,750 FEET NORTH OF WEST
ATLANTIC AVENUE; REDEFINING THE BOUNDARIES OF
SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR
THE RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO SAD
(SPECIAL ACTIVITIES) DISTRICT; GRANTING
CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN
APPROVAL WITH CERTAIN CONDITIONS; AMENDING
. .ZONING MAP OF DELRAY BEACH, FLORIDA, 1983.;
PROVIDING A GENERAL REPEALER CLAUSE; PROVID-
ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, The Extra Closet, Ltd. is the fee-simple owner
of the property hereinafter described; and,
WHEREAS~ The Extra Closet, Ltd. has requested pursuant
to Agreement For Water Service dated July 1, 1986, and recorded
. ~ Official Record Book 4956, Page 1594, which agreement was a
1venant for annexation running with the property hereinafter
9scribed, to have the subject property annexed into the munici-
al limits of the City of Delray Beach; and,
WHEREAS, the subject property hereinafter described is
now contiguous to the corporate limits of. the City of Delray
Beach, thus making said petition for annexation effective at this
time; and,
WHEREAS, the designation of a zoning classification is
part of the annexation proceeding, and provisions of City Code
Section 173.886 have been followed in establishing the proposed
zoning designation; and,
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of
the Florida Statutes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of
Delray Beach, Palm Beach County, Florida, hereby annexes to said
City the fOllowing described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
The South 220 feet of the West 990 feet of
the South Half (S 1/2) of the Northwest
Quarter (NN 1/4) of the Northwest Quarter (NN
1/4) of Section 13, Township 46 South, Range
42 East, Palm Beach County, Florida.
The subject property is located on the east
side of Military Trail, between West Atlantic
Avenue and Lake Ida Road, approximately 2,750
feet north of West Atlantic Avenue.
The above described parcel contains a fi ve
(5) acre parcel of land, more or less.
Section 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the above
described tract of land and said land is hereby declared to be
within the corporate limits of the City of Delray Beach, Florida.
Section 3. That Section 173.886 of the Zoninq Code has
been followed in the establishment of a zoninq classification in
this ordinance and the tract of land hereinabove described is
hereby declared to be in Zoninq District SAD (Special Activities)
as defined by existinq ordinances of the City of Delray Beach,
Florida.
Section 4. That pursuant to Section 173.631, .SAD
Special Activities District., .Uses Allowed, Approvals., approval
for the subject property described in Section 1, above, is hereby
qranted for a Dry Storaqe Facility in the form of a Mini-
Warehouse.
Section S. That the development of the property
described in Section 1, above, is to be in accordance with the
approved site and development plans prepared by Kilday and
Associates, as approved by the City Commission on September 23,
1986, and stamped approved under the siqnature of Stan Weedon on
November 10, 1986; all of which are incorporated by reference and
made a part hereof and upon which the City has relied in qrantinq
this approval.
Section 6. That the Planninq Director of said City
shall, upon the effective date of this ordinance, chanqe the
Zoninq Map of Delray Beach, Florida, to conform with the provi-
sions of Sections 1 and 3, hereof.
Section 7. That the land hereinabove described shall
immediately become subject to all of the franchises, privileqes,
immunities, debts, obliqations, liabilities, ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons residinq thereon shall be deemed citizens
of the City of Delray Beach.
Section 8. That this annexation of the subject proper-
ty, includinq adjacent roads, alleys, or the like, if any, shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads, alleys, or the like, unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
Section 9. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 10. That should any section or provision of
this ordinance or any portion thereof, any paraqraph, 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 11. That this ordinance shall become effective
immediately upon passaqe on second and final readinq.
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Ord. No. 28-89
PASSED AND ADOPTED in regular session on second and
final reading on this the 23rd day of May , 1989.
Q~ (.Ie?, ~~
MAYOR
ATTEST:
~'J~~<LZ ~~ ,r<-
City C1e k
First Reading ~p~;l 2~, lqRq
Second Reading May 23, 1989
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www.bocanews.com . Boca Ralon/Delray Beach News - Friday/Saturday, April 7-8. 2006 37
.100
ANNOUNCEMENTS
IUl Legal \otiC'e"
CITY Of llE1.IlAYBEACH, flORIDA
NOTICE OfPUBUC HEARING
A PUBl.IC.HEARING wi! be held on
the foHowing . proposed ordinance at
7:00 p.m. on TUESDAY, APRIL lB.
2006 (or at any continuation of such
meeting which. is set by the
Commission),in the City Commission
CharrberS, 100 N.W 1st A1I8I11le, Del-
'''i Beach. Florida. at which time the
City. Commission will consider its
adoption. The proposed ordinance
may be inspected at the OffICe of the
City CIeri< al City Hall. 100 N. W. 1st
Avenue, DelrayBeach, Florida, be.
tween the hours of 8:00 8.m. and 5:00
p.m. Monday through Friday, except
holidays. All interested parties are in.
vited to attend and be heard. Vr'ith ra-
Sped to the proposed ordinance.
ORDINANCE NO. 6-06
AN ORDINANCE OF THE CITY COM,
MISSION. OF THE CITY OF OELRAY
BEACH. FLORIDA. AMENDING OR.
DINANCE NO. 28-89 BY AMENDING
SECTIONS .TO ALLOW FOR THE
ADDITION OF TWO SELF SERVICE
STORAGE FACILITY BUILDINGS
TOTALING 17.700 SQUARE FEET
TO THE PROPERTY AND AMEND.
ING SECTION 4.4.2SIG), 'S.A,O.S';
SUBSECTION 111 TO REFLECT THE
NAME CHANGE FADM "THE. EXTRA
CLOSET TO -UNITED- STOR.ALL":
PAOVIDINGA GENERAL REPEALER
CLAUSE: A SAVING CLAUSE. AND
AN EFFECTIVE DATE.
Please be advised that if a person de-
cides to appeal, any decision made by
the City Commission with respect to
any maUer considered at these hear-
ings. such person may need to ensure
that Ii verbatim record includes the
1aslimony and evidence upon which
1he appeal is to be based. The City
does not provide nor prepare such
record. Pursuarrl to ES. 286.0105.
CITY OF DElRAY BEACH
Chel/t'llle o. Nubin
CnyCIel1<
Publish: Friday. April 7. 2006
Boca AatonJOeIray Beach News
(!c
/': (
f..!cucJ CLfU1L
(~)
44 Boca Raton/Delray Beach News - Friday/Saturday, February 10 & 11, 2006 . www.bocanews.com
100
ANNOUNCEMENTS
----{J![)-
LEGAL NOTICES
QJ1' Of UWlAT 8UCtf, fUIIIDA
NlITICE OF PUIUe_
A PU8L1C HEAA1NG will be herd an the
followiflQ proPOSed ordinances at 7f:j)
pm. en TUESDAY. FEBRUARY 21.
2006 or at any continuatioo of such
meeting "'mien is set ~,' ttJe Commis~
Sian), in ttMl City Commission Cham-
bers, 100 N.W', 1st Avenue, ~r3'l
BeaCh. Florida. at .""ich time dll! City
Ccmm;ssion ~,offll rnnsider metr adop-
tior, The- proposed Of'l:finances may
be inspected at the Office of the. Cit,'
Clerk aE City Hall. 100 NW. 1st
A....el1u~, Delroy Beach, Acrida.
between the hours of 8:00 a.m. and
5:00 pm:, MOfI(lay tIlro'!gh fri<l3'j,
exceot holtfJays. An interested oorties
are illl.1ted to attend and be hctardwilh
rasp~cl to the -proposed ordinances.
ORIIlIWQ: NO. '-GlI
AN OADINAllCEOF THE CllY COM'
MISSION OF THE CITY OF OELRAV
SEACH. fLORiOA. AMENDING THE
~~~i~~t~m;~ ~Tfi:~T&Wl
CLOSET SAD. AS ESTABliSHED BV
ORD'MNCE 28-89. S.{ ADDING 1WO
----{J![}- ----f.J!D-
LEGAL NOTICES LEGAL NOTICES
MURt 8tlr:- :;)i:HVIl.l:: ~! URAGE
FACILllY B/JILDINGS TOTALING
17.700 SQUARE fEET PROVIDING A
GENERAL REPEALER CLAUSE, A
SAVING CLAUSE. AND All EffECTIVE
OA1E,
ORDINANCE NO, 7.00
AN ORDINANCE OF THE CllY COM-
MISSION Of THE CJ1Y Of CfLRAV
BEACH, fLORID" ~EZONING AND
PLACING LAND ?RESEN'TL Y ZONED
SPECIAL ACTIVITIES DISTR'CT (SAO)
DiSTRICT TO MEDIUM DENSITY
~ESIDENTlAL (AM, DISTRICT; S.~ID
LAND BEING A P'ARCfl LOC
THE NDR1H SIDE Of A
BOULEVARD. ON THE WEST
OOTTEREL RoAD. BET'NE
AND LINDELL BOULEVARD, AS
MORE PARTICULARLY DESCRIBED
HEREIN: AMENDING 'ZONiNG MAP
Of DRRAY BEACI1. FLORIDA, APRil
2005"; PROVIDING A GENERAL
REPEALER CLAUSE." A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
ORDINAl\CE NO. _
AN ORDINANCE OF THE CllY COM.
MISSION OF r..,E CilY Of DELRAY
BEACH. flORIDA, AMENDING THE
CODE Of ORDINANCES OF 1lIE CITY
Of DElRAY BEACH BY AMENDiNG
CHAPTER 102, "STlltETS AND SIOE-
~tA:~r'f~~MDJA'1?KS"S~~ .
MOOULA!' NEWSRACKS. INCLlJ\].
ING MAINTENANCE. INSTALlATION
AND LOCATIONS... TO PROVIDE
AODI1iONAL STANOAflQS fOR THE
SAff AIID SECURE INSTALLATION
Of NEWSRACKS THROUGHOUT THE
CilY: PROVIDING A SAVING ClAUSE.
A GENERAL REPEAt.ER CLAUSE. AND
AN EFFECTiVE DATE
ORDINANCE NO~ 10.00
AN OHUlNAI'4GC Ut- I Ht. 1,;11 Y WM.
MISSION Of THE CilY OF DELRA'i
BEACH, FlORIOA, AI~HIDlNG CHAP.
TER 96. "ARE SAfElY AIID EMER-
GENCY SERVICES-. Of THE CODE 0"
OADIl';AtlC€S Of THE CITY Of oa-
RAY BEACH, BV AMENDiNG SECTiON
96.15. 'CERTAI~1 CooES AOOPTED
6Y REFERENCe B', UPOAfI~JG THE
REFERENCES TO THE FLORIDA
8U/lDING CODE AND TO CERTAIN
NATIONAL fiRE PROTECTION ASSG-
CIATlONCODES; ENIICTlNG A NEW
SECTlON9617. "APPEALS' TO PRG.
VIDE A PROCEOUAf fOR AI'fEC1ED .
INDIVlOUAlS TO CHALLE!'IGE THE
CITY'S LOCAl AMENDMENT PROVI-
SIONS: PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER
CLAUSE AND P1J EffECTIVE DATE.
PleasE}. be aChlisedtha! if a person
~:g:sct ~~~~~~~~e~~~~
to any mat-.er considered. at these
hearings, such parson, may fleer1 tv
eosure that <I ~rbatim realm inCludes
the - IMtimullY and evider.ct.l U1H.:fI
\",1'lich the appeal is to be b.asOO. Tt:t:
~~g* ~~~Fl~~ ~Btg;~;~dl
CITY OF OELRAV BEACH
Cfle'.relle D. Nutlin
CiryCler'..:
- PUBLISH:_ F,irlay. Foo<uary 10.2006
80ca Raton.lOehay Beach Neo....s
Ad #127053