Ord 05-06
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CFN 20ll:)60512522
OR BK 20814 PG 0499
RECORDED 09/06/2006 10:26:35
Palm Beach County, Florida
Sharon R. Bock,CLERK & COMPTROLLER
Pgs 0499 - 504: (6pgs)
ORDINANCE NO. 5-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED AT THE SOUTHWEST CORNER OF CONKLIN
DRIVE AND MILITARY TRAIL, AS MORE
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS;
REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; AFFIXING AN
OFFICIAL LAND USE DESIGNATION OF
TRANSITIONAL FOR SAID LAND TO THE FUTURE
LAND USE MAP AS CONTAINED IN THE
COMPREHENSIVE PLAN; ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS
FOR SMALL SCALE LAND USE PLAN AMENDMENTS;
PROVIDING FOR THE ZONING THEREOF TO SPECIAL
ACTIVITIES DISTRICT (SAD) DISTRICT; AND
AMENDING SECTION 4.4.25(G), "S.A.D.s", TO ADD
SUBSECTION (9) "ROBOTIC SPACE SAVERS" TO THE
LIST OF APPROVED S.A.D.s; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Adele C. Tartza is the fee simple owner of a 0.99 acre parcel of land located at
the southwest comer of Conklin Drive and Military Trail; and
WHEREAS, Adele C. Tartza has requested by voluntary petition to have the subject
property annexed into the municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate limits
of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presendy under the jurisdiction of
Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of LR-3
(Low Density Residential -3 duj ac ); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the
City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/ ac); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land
Use Map adopted in November, 1989, and as subsequendy amended, are deemed to be advisory
only until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of January 23, 2006 and voted 7 to 0
to recommend that the requests be denied, based upon a failure to make positive findings; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are not consistent with and
does not 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. 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:
Lots 1 through 4, inclusive, Block 2, "Rockland Park" as per the Plat thereof on file in the Office
of the Clerk of the Circuit Court in and for Palm Beach County, Florida as recorded in Plat Book
24, Page 23.
Less the Following:
A portion of said Lot 1, as described in the right-of-way deed recorded in Official Records Book
3362, Page 9, Palm Beach County Records.
2
ORD NO. 5-06
And Less the Following:
A portion of said Lot 1, as described in the right-of-way warranty deed recorded in Official
Records Book 5692, Page 1978, Palm Beach County Records.
The subject property is located at the southwest comer of Conklin Drive and Military Trail.
Section 3. 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 4. That the land hereinabove described shall immediately become subject to all of
the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which
lands in the City of Delray Beach are now or may be subjected, including the Stormwater
Management Assessment levied by the City pursuant to its ordinances and as required by Florida
Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray
Beach, Florida.
Section 5. That this annexation of the subject property, including adjacent roads, alleys, or
the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 6. That the Future Land Use Map designation of the subject property is hereby
officially affixed as TRN (Transitional).
Section 7. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 8. That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land hereinabove described
is hereby declared to be in the Special Activities District (SAD) Zoning District as defined by
existing ordinances of the City of Delray Beach.
Section 9. That pursuant to Section 4.4.25 "Special Activities District (SAD)" "Allowed
Uses and Structures", approval for the subject property described in Section 2, above, is hereby
granted for a Self Service Storage Facility".
Section 10. That Section 4.4.25 (G) , "SADS", of the Land Development Regulations of
the City of Delray Beach, Florida, be, and the same is hereby amended to add Subsection (9),
3
ORD NO. 5-06
(9) Robotic Space Savers, Ordinance No. 5-06.
Section 11. If approved on First Reading, and a site and development plan appeal is
approved, then conditions, if any, will be incorporated herein, and any future site plan modifications
will be reviewed by SPRAB.
Section 12. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 13. 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 14. That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31)
days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If
challenged, the effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.S. No development orders, development permits, or land uses
dependent on this amendment may be issued or commence before it has become effective. If a final
order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning,
2740 Centerview Drive, Tallahassee, Florida 32399-2100.
~~SSED AND ADOPTED in regular session on second and final reading on this the
_<layoE --:J......sl.. ') .2oo\.... ~ l t.J.
ATTEST MA YOR "-
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City Clerk
First Reading --"\ \ \. \ ~
Second Reading \\~\Clo
4
ORD NO. 5-06
ANNEXATION BRIEF FOR ROBOTIC SPACE SAVERS
Property Control Number: 00-42-46-14-03-002-0010: 00-42-46-14-03-002-0020;
00-42-46-14-03-002-0030; 00-42-46-14-03-002-0040
Acreaae: 0.99 Acres.
Number of Buildinas On-site: None
Taxable Value: $86,820.00
Proiected Population Increase: 0
Owner's Address: Adele C. Tarza, 1142 Circle Terrace W., #D, Delray Beach,
Florida 33445.
Property Address: Southwest corner of Conklin Drive and Military Trail.
County Land Use Desianation: LR-3 (Low Residential, 3 du/ac).
Proposed City Land Use Desianation: TRN (Transitional).
Proposed City Zonina Desianation: SAD (Special Activities District).
Current Use of Property: Vacant.
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[ITY DF DElRRY BER[H
DELRAY BEACH
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CITY CLERK
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CERTIFICATION
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1993
2001
I, CHEVELLE D. NUBIN, CMC, City Clerk of the City of Delray
Beach, do hereby certify that the attached document is a true and correct
copy of Ordinance No. 5-06, as the same was passed and adopted by the
Delray Beach City Commission in regular session on the 25th day of July
2006.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 21st day of
August, 2006.
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Chevelle D. Nubin, CMC
City Clerk
City of Delray Beach, Florida
(SEAL)
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SAFE AND SECURE STORAGE
MAP REF: LM902
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH
Governor
September 13, 2006
THADDEUS L. COHEN, AlA
Secretary
Ms. Chevelle D. Nubin, CMC
City Clerk
City of Delray Beach
100 N. W. 1st Avenue
Delary Beach, FL 33444
RECEIVED
SEP , 9 2DDS
CITY CLERK
Dear Ms. Nubin:
The Department is in receipt of your package concerning the annexation of properties for the
City of Del ray Beach adopted by Ordinance No. 5-06 on July 25,2006. It appears that the City needs
to amend its comprehensive plan to include the annexation.
The Department is requesting that the City submit the information for a comprehensive plan
amendment as required by Rule 9J-11, Florida Administrative Code, and Chapter 163, Florida Statutes.
Please submit the required information to the Florida Department of Community Affairs, Division of
Community Planning, Plan Processing Team, 2555 Shumard Oak Boulevard, Tallahassee, Florida
32399-2100.
If you have any additional questions concerning this matter, please do not hesitate to contact
Lavoise Whittington of my staff at (850)922-1778.
Sincerely,
'o>~L
D. Ray Eubanks, Administrator
Plan Review and Processing
DRE/lw
cc: Paul Dorling, Planning & Zoning Director
E:st~lio 'Bre.--b, :Pk~i.o~ 'L. 2ov\;Ai5 Dept.
\~..nhe Va.-lekJ YI(lvVlIVj'1, ZoI\:,uJ ~.
2666 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: http://www.dca.state.fl.us
CRITICAL STATE coNCERN FIELD OFFICE
2796 Overseas Hghway. Suite 212
Marathon. FL 33050-2227
(305) 289-2402
COMMUNITY PLANNING
2555 Shumard Oak Boulevard
Talahassee. FL 32300-2100
(850) 4M-2356
EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT
2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard
Tallahassee, FL 32300-2100 Tallahassee, FL 32399-2100
(850) 413-9969 (850) 4M-7956
---- -.--- --._------._---~-
. . - -
ORDINANCE NO. 5-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED AT THE SOUTHWEST CORNER OF CONKLIN
DRIVE AND MILITARY TRAIL, AS MORE
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS;
REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; AFFIXING AN
OFFICIAL LAND USE DESIGNATION OF
TRANSITIONAL FOR SAID LAND TO THE FUTURE
LAND USE MAP AS CONTAINED IN THE
COMPREHENSIVE PLAN; ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS
FOR SMALL SCALE LAND USE PLAN AMENDMENTS;
PROVIDING FOR THE ZONING THEREOF TO SPECIAL
ACTIVITIES DISTRICT (SAD) DISTRICT; AND
AMENDING SECTION 4.4.25(G), "S.A.D.s", TO ADD
SUBSECTION (9) "ROBOTIC SPACE SAVERS" TO THE
LIST OF APPROVED S.A.D.s; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Adele C. Tartza is the fee simple owner of a 0.99 acre parcel of land located at
the southwest comer of Conklin Drive and Military Trail; and
WHEREAS, Adele C. Tartza has requested by voluntary petition to have the subject
property annexed into the municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate limits
of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presently under the jurisdiction of
Palm Beach County, Florida, having a County Future Land Use Map (pLUM) designation of LR-3
(Low Density Residential-3 du/ac); and
~
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the
City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/ac); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land
Use Map adopted in November, 1989, and as subsequendy amended, are deemed to be advisory
only until an official Land Use Amendment is processed; and
WHEREAS, the designarion of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of January 23, 2006 and voted 7 to 0
to recommend that the requests be denied, based upon a failure to make positive findings; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are not consistent with and
does not 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 CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, AS FOllOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. 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:
Lots 1 through 4, inclusive, Block 2, "Rockland Park" as per the Plat thereof on file in the Office
of the Clerk of the Circuit Court in and for Palm Beach County, Florida as recorded in Plat Book
24, Page 23.
Less the Following:
A portion of said Lot 1, as described in the right-of-way deed recorded in Official Records Book
3362, Page 9, Palm Beach County Records.
2
ORD NO. 5-06
~
And Less the Following:
A portion of said Lot 1, as described in the right-of-way warranty deed recorded in Official
Records Book 5692, Page 1978, Palm Beach County Records.
The subject property is located at the southwest comer of Conklin Drive and Military Trail.
Section 3. 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 4. That the land hereinabove described shall immediately become subject to all of
the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which
lands in the City of Delray Beach are now or may be subjected, including the Stormwater
Management Assessment levied by the City pursuant to its ordinances and as required by Florida
Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray
Beach, Florida.
Section 5. That this annexation of the subject property, including adjacent roads, alleys, or
the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 6. That the Future Land Use Map designation of the subject property is hereby
officially affixed as TRN (Transitional).
Section 7. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 8. That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land hereinabove described
is hereby declared to be in the Special Activities District (SAD) Zoning District as defined by
existing ordinances of the City of Delray Beach.
Section 9. That pursuant to Section 4.4.25 "Special Activities District (SAD)" "Allowed
Uses and Structures", approval for the subject property described in Section 2, above, is hereby
granted for a Self Service Storage Facility".
Section 10. That Section 4.4.25(G), "SADS", of the Land Development Regulations of
the City of Delray Beach, Florida, be, and the same is hereby amended to add Subsection (9),
3
ORD NO. 5-06
----------------.---
- - -
-I'
(9)
Robotic Space Savers, Ordinance No. 5-06.
Section 11. If approved on First Reading, and a site and development plan appeal is
approved, then conditions, if any, will be incorporated herein, and any future site plan modifications
will be reviewed by SPRAB.
Section 12. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 13. 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 14. That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31)
days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If
challenged, the effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.S. No development orders, development permits, or land uses
dependent on this amendment may be issued or commence before it has become effective. If a final
order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning,
2740 Centerview Drive, Tallahassee, Florida 32399-2100.
~~SSED AND ADOPTED in regular session on
_ day of --:-r-u..\J_. , 200Xa...
)
second and final reading on this the
ATTEST
~~. ~~'-.J
City Clerk
First Reading '\ \\ \ ~
Second Reading '\ \~ \ Cl.o
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~lt.A
MAYOR '-
4
ORD NO. 5-06
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER {/t"\
AGENDA ITEM # \0 A. 1.. - REGULAR MEETING OF ]UL Y 25. 2006
ORDINANCE NO. 5-06 (ANNEXATION. SMALL-SCALE FUTURE LAND
USE MAP AMENDMENT. AND REZONING)
TO:
FROM:
DATE:
JULY 21, 2006
This Ordinance is before Commission for second reading and a quasijudicial hearing for a voluntary
Annexation, Small-Scale Future Land Use Map (FLUM) amendment from County LR-3 (Low Density
Residential - 3 dwelling units per acre) to City TRN (Transitional) and Rezoning from County CG/SE
(Commercial General/Special Exception to City SAD (Special Activities District) for a 0.99 acre property,
to be known as Robotic Space Savers, located at the southwest comer of Conklin Drive and Military Trail.
The property consists of Lots 1, 2, 3, and 4, Block 2, Rockland Park Subdivision and is currently located in
unincorporated Palm Beach County, within the City's Planning Area (future annexation area). The owner
is seeking voluntary annexation. The property is vacant and the applicant is proposing to build a 3-story
self storage building with associated parking and landscaping. Previous development activity includes
approval of a special exception with the County via Resolution No. 80-836 approved on June 24, 1980
which allowed the construction of a funeral home on the property. This development was never
constructed and the approval has expired.
On January 23, 2006, the Planning and Zoning Board held a public hearing in conjunction with the
request. There was public testimony in opposition from Jeff Overstreet, who lives at 5132 Conklin Drive,
and Chris Osborne of Kaplan & Berlin, representing the Conklin Drive Homeowners' Association. Mr.
Overstreet's concerns revolved around the proximity of the proposed development to the Conklin Drive
residential development and the height of the proposed building. Mr. Osborne's concerns related to the
traffic impact generated by the proposed development. Further, staff recommended denial based upon a
failure to meet required findings with respect to compatibility with adjacent residential development and
that the SAD zoning district was being inappropriately applied to the property.
After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the
request be denied. The denial was based upon concerns with respect to compatibility with the
surrounding development, and its potential to negatively affect the character of the area. Further, the
proposed future land use designation of TRN and rezoning to SAD is not consistent with Objective A-1,
Policy A-1.7, and Policy A-2.3 of the Comprehensive Plan; and does not meet the requirements of LDR
Section 3.2.2 (Standards for Rezoning Actions), Section 3.1.1 (FLUM Consistency and Compatibility), and
Section 2.4.5(D)(5) (Rezoning Findings).
At the first reading on February 6, 2006, the City Commission passed Ordinance No. 5-06.
Recommend denial of Ordinance No. 5-06 on second and fmal reading.
S:\City Clerk\agenda mf.."fT1os\Ord 5-06 Robotic Space Savers Annexation Rezoning 072506
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P
ITY MANAGER
TO:
FROM:
D CTOR OF PLANNING AND ZONING
~SENIOR PLANNER
SUBJECT:
MEETING OF JULY 11, 2006
ANNEXATION, SMALL-SCALE FUTURE LAND USE MAP AMENDMENT
FROM COUNTY LR-3 (LOW RESIDENTIAL - 3 DUlAC) TO CITY TRN
(TRANSITIONAL), AND REZONING FROM COUNTY CG/SE (COMMERCIAL
GENERAL/SPECIAL EXCEPTION) TO CITY SAD (SPECIAL ACTIVITIES
DISTRICT) FOR A 0.99 ACRE PROPERTY LOCATED ON THE SOUTHWEST
CORNER OF MILITARY TRAIL AND CONKLIN DRIVE
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The 0.99 acre property is currently located in unincorporated Palm Beach County and has a
CG/SE (Commercial General/Special Exception) zoning designation. The property is located
within the City's Planning Area (Future Annexation Area) and the owner is seeking voluntary
annexation. The subject property is currently vacant and the applicant is proposing to build a 3-
story self storage building with associated parking and landscaping. The subject property is Lots
1, 2, 3, and 4, Block 2, Rockland Park Subdivision. Previous development activity includes
approval of a special exception with the County via Resolution No. 80-836 approved on June 24,
1980 which allowed the construction of a funeral home on the property. This development was
never constructed and the approval has expired.
.
The Planning and Zoning Board held a public hearing on January 23, 2006 in conjunction with
this request. There was public testimony in opposition from Mr. Jeff Overstreet, who lives at 5132
Conklin Drive, and Mr. Chris Osborne of Kaplan & Berlin, representing the Conklin Drive Home
Owners Association. Mr. Overstreet's concerns revolved around the proximity of the proposed
development to the Conklin Drive residential development and the height of the proposed
building. Mr. Osborne's concerns related to the traffic impact generated by the proposed
development. Further, staff recommended denial based upon a failure to meet required findings
with respect to cornpatibility with adjacent residential development and that the SAD zoning
district was being Inappropriately applied to the property. After reviewing the staff report and
discussing the proposal, the Board voted unanimously to recommend that the request be denied.
The denial was based upon concerns with respect to compatibility with the surrounding
development, and its potential to negatively affect the character of the area. Further, the
proposed Future Land Use designation of Transitional (TRN) and Rezoning to Special Activities
District (SAD) is not consistent with Objective A-1, Policy A-1.7, and Policy A-2.3 of the
Comprehensive Plan, and does not meet the requirements of LDR Section 3.2.2(D) (Standards
for Rezoning), 3.1.1. (FLUM Consistency and Compatibility) or 2.4.5.(D)(5) (Reasons for
Rezoning).
.
By motion, deny on first reading the ordinance for Annexation, the FLUM amendment from
County LR-3 (Low Residential - 3 du/ac) to City Transitional (TRN), and the initial zoning
designation of SAD (Special Activities District), based upon the findings of fact and law contained
in the staff report, and failure to make positive findings with respect to LDR Section 3.2.2.(D),
3.1.1. (Consistency), 3.1.1. (Compatibility), 2.4.5.(D)(5) (Reasons for Rezoning) and
inconsistencies with the Comprehensive Plan more specifically FLUM Element Policy A-1.7,
Policy A-2.3, and Objective A-1.
Attachments: Staff Report prepared for the P & Z meeting of January 23, 2006 and Ordinance No. 5-06.
)~A
ORDINANCE NO. 5-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, A PARCEL OF LAND LOCATED AT THE
SOUTHWEST CORNER OF CONKLIN DRIVE AND MILITARY
TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND
USE DESIGNATION OF TRANSITIONAL FOR SAID LAND TO
THE FUTURE LAND USE MAP AS CONTAINED IN THE
COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER
THE SINGLE HEARING ADOPTION PROCESS FOR SMALL
SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR
THE ZONING THEREOF TO SPECIAL ACTIVITIES DISTRICT
(SAD) DISTRICT; AND AMENDING SECTION 4.4.25(G),
"S.A.D.s", TO ADD SUBSECTION (9) "ROBOTIC SPACE
SAVERS" TO THE LIST OF APPROVED S.A.D.s; PROVIDING A
GENERAL REPEALER CLAUSE, PROVIDING A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Adele C. Tartza is the fee simple owner of a 0.99 acre parcel of land located at the
southwest comer of Conklin Drive and Military Trail; and
WHEREAS, Adele C. Tartza has requested by voluntary petition to have the subject property
annexed into the municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of
the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 ofthe Florida Statutes; and
WHEREAS, the subject property hereinafter described is presently under the jurisdiction of
Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of LR-3
(Low Density Residential -3 du/ac ); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the City
of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/ac); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use
Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until
an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public
hearing and considered the subject matter at its meeting of January 23, 2006 and voted 7 to 0 to
recommend that the requests be denied, based upon a failure to make positive findings; and
WHEREAS, pursuant to Florida Statute 163.3174(4)( c), the Planning and Zoning Board, sitting
as the Local Planning Agency, has determined that the changes are not consistent with and does not
further the objectives and policies ofthe Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent
with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the 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:
Lots 1 through 4, inclusive, Block 2, "Rockland Park" as per the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida as recorded in Plat Book 24, Page 23.
Less the Following:
A portion of said Lot 1, as described in the right-of-way deed recorded in Official Records Book 3362, Page
9, Palm Beach County Records.
And Less the Following:
A portion of said Lot 1, as described in the right-of-way warranty deed recorded in Official Records Book
5692, Page 1978, Palm Beach County Records.
2 ORD NO. 5-06
The subject property is located at the southwest corner of Conklin Drive and Military Trail.
Section 3. 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 4. That the land hereinabove described shall immediately become subject to all of the
franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in
the City of Delray Beach are now or may be subjected, including the Stormwater Management
Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter
197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida.
Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the
like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such
roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 6. That the Future Land Use Map designation of the subject property is hereby
officially affixed as TRN (Transitional).
Section 7. That the City of Delray Beach elects to make this small scale amendment by having
only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 8. That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land hereinabove described is
hereby declared to be in the Special Activities District (SAD) Zoning District as defined by existing
ordinances of the City of Delray Beach.
Section 9. That pursuant to Section 4.4.25 "Special Activities District (SAD)" "Allowed Uses
and Structures", approval for the subject property described in Section 2, above, is hereby granted for a
Self Service Storage Facility".
Section 10. That Section 4.4.25(G), "SADS", of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended to add Subsection (9),
(9) Robotic Space Savers, Ordinance No. 5-06.
Section 11. If approved on First Reading, and a site and development plan appeal is approved,
then conditions, if any, will be incorporated herein, and any future site plan modifications will be
reviewed by SPRAB.
3
ORD NO. 5-06
Section 12. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 13. 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 14. That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31) days
after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If
challenged, the effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.S. No development orders, development permits, or land uses
dependent on this amendment may be issued or commence before it has become effective. If a final
order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning,
2740 Centerview Drive, Tallahassee, Florida 32399-2100.
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
4
ORD NO. 5-06
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH
---STAFF REPORT ---
January 23, 2006
III.C.
Future Land Use Map (FLUM) Amendment from LR-3 (Low Residential - 3 units/acre
Palm Beach County) to TRN (Transitional) and rezoning from CG/SE (Commercial
General/Special Exception) to SAD (Special Activities District) for a 0.99 acres
parcel located on the southwest corner of Military Trail and Conklin Drive.
~ ~
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant........................ .
Agent..........................................
Location..................................... .
Property Size..............................
Existing County Future Land Use
Map Designation ........................
Proposed City Future Land Use
Map Designation.........................
Existing County Zoning...............
Proposed City Zoning.................
Adjacent Zoning................North:
East:
South:
West:
Existing Land Use......................
Proposed Land Use....................
Water Service.............................
Sewer Service.............................
LAKE IDA ROAO
PETAL PIAr.. n
Adele C. Tartza
Weiner & Aronson, PA
Southwest corner of Military
and Conklin Drive.
0.99 Acres
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LAKE IDA ROAD
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units/acre)
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TRN (Transitional)
CG/SE (Commercial General
Special Exception)
SAD (Special Activities District)
Automotive Commercial (AC)
Residential Medium Density (RM)
Multiple Family Residential - Low
Density (LD)
Palm Beach County Agricultural
Residential (AR)
Vacant
Safe and Secure self storage
facility
12" water main located along
Military Trail, and also via an
existing 8" main located on the
east side of the subject property.
Sewer service is available via
connection to a 8" sewer main
located alon9Military Trail, and
also via an existing 8" sewer main
located on the east side of the
subject.
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MOTOR LINES
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The action before the Board is that of making a recommendation to the City Commission on a
privately sponsored Voluntary Annexation, Small Scale Future Land Use Map (FLUM)
Amendment from LR-3 (Low Residential - 3 units/acre Palm Beach County) to TRN
(Transitional) and rezoning from CG/SE (Commercial General/Special Exception) to SAD
(Special Activities District) for a 0.99 acres parcel located on the west side of Military Trail
approximately 2010' south of Lake Ida Road.
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to Annexation, FLUM amendments and Rezonings of any property
within the City.
The subject property is 0.99 acres located on the south side of Conklin Drive and to the south
of Tire Kingdom with frontage on Military Trail. The property is bound to the south by Sierra
Vista attached single family homes. To the west the property is bound by the Rockland Park
subdivision containing single family homes located along Conklin Drive; and to the east (across
Military Trail) by the High Point of Delray East Condo development. The subject property is
currently vacant and the applicant is proposing to build a 3-story self storage building with
associated parking and landscaping.
The subject property is Lots 1, 2, 3, and 4, Block 2, Rockland Park. Previous development
activity includes approval of a special exception with the County via Resolution No. 80-836
which modified the zoning from AG (Agricultural District) to CS (Specialized Commercial
District) for the four (4) lots. Resolution No. 80-837 approved on June 24,1980 by the Board of
County Commissioners allowed the construction of a funeral home on the property with certain
conditions including right-of-way dedications, landscaping and a contribution for a signal. This
development was never constructed.
The subject property continues to be under the jurisdiction of Palm Beach County but is in a
designated annexation area for the City of Delray Beach. The City has an Advisory land use
designation of MD (Medium Density Residential) on the property that allows for residential
development with a density between five and twelve units per acre. The applicant is seeking
City Water and is contiguous to the City limits to the east and north. The Commission policy is
that properties that are contiguous and request City services must annex into the City to receive
these services.
An application is now before the Board regarding a Voluntary Annexation, FLUM Amendment
from County LR-3 to City GC and a Rezoning from CG/SE to SAD. The Analysis will first
include analysis of the Future Land Use.
Current Land Use Desianation: The current County land use map designation for the property
is County LR-3 (Low Residential - 3 du/ac). The current City Advisory designation is MD
(Medium Density Residential).
Reauested land Use Desianation: The requested Future Land Use Designation is to City
TRN (Transitional).
Planning and Zoning Board Staff Rep, Jleeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 2
Florida Statutes 163.3187 - Small Scale land Use Map Amendments: This Future Land
Use Map Amendment is being processed as small scale development pursuant to Florida
Statues 163.3187. This statutes states that any local government comprehensive land use
amendments directly related to proposed small scale development activities may be approved
without regard to statutory limits on the frequency of consideration of amendment (twice a
year), subject to the following conditions:
. The amendment does not exceed 10 acres of land;
. The cumulative effect of the amendments processed under this section shall. not exceed
120 acres within designated redevelopment and traffic concurrency exception areas, or 60
acres annually in areas lying outside the designated areas; and,
. The proposed amendment does not involve the same property, or the same owner's
property within 200' feet of property, granted a change within a period of twelve months.
. That if the proposed amendment involves a residential land use, the residential land use
has a density of 10 units or less per acre except for properties that are designated in the
Comprehensive Plan for urban infill, urban redevelopment, or downtown revitalization;
. The proposed amendment does not involve a text change to the goals, policies, and
objectives of the local government's comprehensive plan, but only proposes a land use
change to the Future Land Use Map for a site-specific small scale development activity;
and,
. The property that is the subject of a proposed amendment is not located within an area of
critical state concern.
The Future Land Use Map amendment involves a 0.99 acre area, thus the total area is less
than the 10 acre maximum. The property is not located within a designated redevelopment area
or traffic concurrency exception area. This amendment along with other small-scale amendment
processed this year, outside the designated areas, will not exceed 60 acres. For the 2006 year
0.0 acres have been subject to the small scale amendment process and this 0.99 acres will
make a total of 0.99 acres. This property has not previously been considered for a land use
amendment nor has the same property owner's properties been granted a land use change
within 200' feet, within the last year. The amendment does not involve a text change to the
Comprehensive Plan and it is not located within an area of critical state concern. Given the
above, the proposed FLUM amendment meets the criteria of FS. 163.3187 and can be
considered as a small scale amendment.
However, pursuant to 163.3187 (6)(a), no amendments may be made to the Comprehensive
Plan after the date established by the State (January 1, 2006) unless it (the City) has submitted
its Evaluation and Appraisal Report (EAR). To date the City has not submitted its EAR report
and does not anticipate submitting until June of 2006. Given this fact approval of this
amendment by the State is unlikely. After submission of the Evaluation and Appraisal Report
the City can submit pursuant to F.S. 163.3187(6)(g) amendments for up to one year before
required submittal of any EAR based amendments. Consequently, while the requested
annexation can be considered the application of a City Future Land Use designation will be
delayed. Pursuant to Florida Statute the property can be annexed and the County Land Use
and Zoning designation would remain in force until such time as the amendments are accepted
by the state. Even if the state will process the amendment it would not go forward with a
possible recommendation. The proposed amendment to Transitional (TRN) appears to be
Planning and Zoning Board Staff Repe ~eeting of 01/23/06
Robotic Space Savers - Annexation, FLuM, and Rezoning
Page 3
incompatible with the City of Delray Beach Advisory land use designation MD (Medium Density
Residential) which allows for residential development with a density between five and twelve
units per acre. The TRN (Transitional) land use designation is being proposed concurrently
with a request for annexation and initial zoning of SAD to accommodate a 4-story self-storage
building. This type of facility is also not consistent with the predominant residential pattern of
development in the area.
Land Use Analysis:
Consistency Between the City and County Land Use DesiQnations:
The proposed City Advisory Land Use Map Designation for the property is MD (Medium Density
Residential). The existing County Future Land Use Map Designation for the property is LR-3
(Low Residential - 3 du/ac). The City's MD Land Use Designation is consistent with the
County's LR-3 designation in that Low and Medium Density Residential development is allowed.
The proposed Land Use Designation of TRN (Transitional) while allowing both residential, office
and limited commercial is not consistent with the current City Advisory Land Use designation
MD nor the County's current designation of LR-3. The Transitional land use designation does
allows the establishment of uses which are compatible with adjacent residential uses Le.
residential uses, however, these can more appropriately be accommodated by applying the
advisory designation of MD. The proposed land use designation TRN (Transitional), would allow
uses that are not consistent with the prevailing residential development pattern to the south,
east, and west of the subject property. The proposed 4-story self storage building proposed
under the SAD ordinance is not an appropriate use and is also inconsistent with the City
Advisory Land Use designation MD.
Further a rezoning to SAD (Special Activities District) is inappropriate given the purpose and
intent statement of the SAD District which is to provide a zoning district for projects which are
not otherwise classified or categorized in other zone districts. The zoning designations which
would accommodate the proposed self storage use would be industrial designations such as LI
(Light Industrial) and MIC (Mixed Industrial and Commercial) and limited GC (General
Commercial). Given this site locations and existing development pattern land use designations
of which would allow commercial or industrial development would be clearly inappropriate.
Adjacent Land Use MaD DesiQnations. ZoninQ DesiQnations and Land Uses:
The following zoning designations and uses abut the subject property:
Zoning Designation
Use
North: Automotive Commercial (AC) Tire Kingdom Auto Repair Facility
South: Multiple Family Residential - Low Density Sierra Vista Multiple Family Subdivision
ILD)
East: Residential Medium Density (RM) High Point of Delray East (Condo
Development)
West: Palm Beach County Agricultural Residential Rockland Park Single Family
'IAR) Subdivision (Alona Conklin Drive)
North: North of the subject property, has a City land use designation of GC (General
Commercial) and is zoned GC (General Commercial). The property is developed and contains
Tire Kingdom Brake and Auto Repair Facility.
Planning and Zoning Board Staff Repe neeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 4
South: To the south, has a City land use designation of MD (Medium Density Residential), and
is zoned LD (Multiple Family Residential Development - Low Density). The property is
developed and contains a multiple family subdivision Known as Sierra Vista.
West: The abutting property to the west has a Palm Beach County land use designation of Low
Residential 3 - du/ac (LR-3) with an advisory land use designation of MD (Residential Medium
Density). The property is zoned County Agricultural Residential (AR). The existing land use is
a single family subdivision located along the perimeter of Conklin Drive.
East: East of the property (across Military Trail) has a City land use designation of MD
(Medium Density Residential) 5-12 du/ac) and is zoned RM (Residential Medium Density). The
property to the east is known as High Point of Delray East Condo development.
It is noted, that north of the subject property has a City Land Use Designation of CG
(Commercial General) and is zoned GC (General Commercial). The property is developed and
contains an auto-repair and tire installation facility known as Tire Kingdom. Tire Kingdom was
established by Resolution NO.R-85-394 approved on March 5, 1985 by the Board of County
Commissioners of Palm Beach County and annexed into the City with Ordinance # 65-04
approved by the City Commission at its meeting of November 16, 2004. Although Tire Kingdom
facility is not consistent with the existing development pattern in the area it was given a City
Land Use designation of General Commercial to avoid creating a non-conforming structure that
has been in operation since March 5, 1985. Given the adjacent development pattern to the west
and south the advisory designation of MD is more appropriate. Therefore, a Future Land Use
Map designation of Transitional (TRN) and rezoning of Special Activities District (SAD) cannot
be supported.
Allowable Land Uses:
Under the proposed SAD (Special Activities District) zoning designation all allowed uses are
establish at the time of the establishment of the SAD zoning designation. While SAD zoning is
deemed consistent with any land use designation on the Future Land Use Map, the uses
allowed within a specific SAD shall be consistent with the land use category shown on the
Future Land Use Map. 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. The Transitional land use designation is not
consistent with the proposed industrial/commercial development proposed under the SAD
Ordinance. The Transitional land use category is not consistent with the MIC, L1, GC zoning
districts which currently allow self storage uses.
Further, the proposed use is not consistent with the adjacent development pattern to the south,
east, and west of the subject property. The proposed 4-story self storage facility at the gate of a
single family subdivision creates concerns with respect to compatibility with the existing
residential development, and its potential to negatively impact the character of the area.
Further, application of the SAD zoning designation is inappropriate given the intent of the
district which is to provide a zone district appropriate for projects which are not otherwise
classified or categorized in other zone districts. This use is classified and categorized in the
MIC, LI and limited GC zoning district. To accommodate this type of use would require a land
use category of Commerce, Industrial or General Commercial and zoning of Mixed Industrial
and Commercial or General Commercial. Given the predominant residential nature of the
adjacent land uses if these designations were requested they would clearly be found
inappropriate
Planning and Zoning Board Staff Rep Meeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 5
REQUIRED FINDINGS:
lAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS:
Pursuant to lDR Section 3.1.1, prior to approval of land Use applications, certain
findings must be made in a form which is part of the official record. This may be
achieved through information on the application, written materials submitted by the
applicant, the staff report, or minutes. Findings shall be made by the body which has
the authority to approve or deny the development application. These findings relate to
the Future land Use Map (FlUM), Concurrency, Comprehensive Plan Consistency, and
Compliance with the land Development Regulations.
o Future land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent
with the applicable land use designation as shown on the Future land Use Map.
Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all
land uses and resulting structures must be allowed in the zoning district within which the
land is situated, and said zoning must be consistent with the land use designation as shown
on the Future Land Use Map.
While the SAD zoning may be consistent with the proposed land use designation the
resulting uses are to be compatible with surrounding existing development and character of
the area. The resulting uses are not consistent with the adjacent development pattern to the
south, east, and west of the subject property, nor the residential character of the area.
Based on the above, positive findings cannot be made with respect to FLUM consistency.
o Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves amending the FLUM designation from LR-3 to TRN (Transitional) on
a site, approximately 0.99 of an acre. The proposed FLUM Amendment to accommodate a
storage facility will result in an increase in some impacts on adopted concurrency standards.
Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Traffic,
Water and Sewer are discussed below:
Solid Waste: The proposed 4-story building with 70,200 square feet of self storage floor
area generates 23.99 tons of solid waste per year (70,200 sq.ft x 5.2.12,000 Ibs. = 365,040
Ibs or 182.52 tons). This amount of solid waste can be accommodated by existing facilities
and thus, will not have a significant impact on this level of service standard. The Solid
Waste Authority has indicated that its facilities have sufficient capacity to handle all
development proposals and existing facilities till the year 2024.
Water: Municipal water service is available via connection to a 12" water main located
along Military Trail, and also via an existing 8" main located on the east side of the subject
property. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's
Water Treatment Plant at build-out.
Sewer: Sewer service is available via connection to a 8" sewer main located along Military
Trail, and also via an existing 8" sewer main located on the east side of the subject property
draining to a lift station at the southeast corner of the Tire Kingdom site. Pursuant to the
Comprehensive Plan, treatment capacity is available at the South Central County Waste
Water Treatment Plant for the City at build-out.
Planning and Zoning Board Staff Rep, lIIeeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 6
o Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based
upon the findings listed below, and must be supported by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The need must
be based upon circumstances such as shifts in demographic trends, changes in the
availability of land, changes in the existing character and FLUM designations of the
surrounding area, fulfillment of a comprehensive plan objective or policy, annexation
into the municipal boundaries, or similar circumstances. The need must be
supported by data and analysis verifying the changing demographics or other
circumstances. This requirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's Advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the Advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
No data and analysis has been provided by the applicant to support this amendment.
Therefore a positive finding cannot be made. While the applicant may assert that the
proposed Transitional designation is of a similar intensity as the advisory MD this is not the
case since the transitional designation allows office and limited commercial uses in addition
to residential uses. Further by utilizing the SAD ordinance process the applicant will
introduce industrial or commercial type uses to the site. As previously stated office
commercial and industrial uses are inconsistent with the predominantly residential character
of the adjacent properties.
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped
in a manner so that the future use and intensity is appropriate in terms of soil,
topographic and other applicable physical considerations; is complimentary to
adjacent land uses; and fulfills remaining land use needs.
The subject property is vacant and does not have any unique environmental characteristics
that would prohibit development of the site or require mitigation measures. The subject
property, if developed as a self storage facility will not be complimentary to the adjacent
uses located to the south and west (Sierra Vista and Rockland Park single family
subdivision along Conklin Drive). The proposed self storage facility will be more appropriate
in a MIC (Mixed Industrial Commercial) or LI (Light Industrial) zoning Districts.
Compatibilitv -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
As described previously, the TRN (Transitional) land use designation allows the introduction
of uses that are not compatible with the predominant residential character of adjacent
development.
Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Planning and Zoning Board Staff Rep\ Meeting of 01/23/06
Robotic Space Savers - Annexation, FI..UM, and Rezoning
Page 7
The SAD is a unique district which requires submittal of a development plan concurrently
with the establishment 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 alternative approval process; the first requires
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 first
reading based on a design submission and prior to second reading requires that the site
development plan including landscaping and architectural plans be approved by Planning
and Zoning Board and accompany rezoning request to the second reading request to City
Commission. The applicant has chosen the second alternative for this application and the
following is an analysis of the associated sketch plan.
Pursuant to LDR Section 4.4.25 (D), the site plan submittal for the subject property shall
comply with the development standards as set forth in Section 4.3.4 of the LDRs except as
modified by the following requirements:
1) A minimum setback of fifteen feet shall be established around the perimeter of the
property. Within the front and any street side setback, the fifteen foot (15') setback area
shall be a landscape area and no pavement shall be allowed therein except for
pedestrian ways and driveways (or streets) which will provide access to the property and
which are generally perpendicular to the abutting street.
2) Setbacks for all interior spaces shall be as set forth on the site and development plan.
Perimeter Setbacks for SADs
Pursuant to Section 4.4.25(D)(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
proposed building location exceeds the building setback requirements. The new building
provides a 77' front, 20' side, and 25' rear setbacks.
ParkinCl
The applicant has provided sixteen (16) parking spaces with one being a handicap space.
Pursuant to LDR Section 4.3.3(A)(2)(c), parking shall be provided at a rate of one (1) space
per 5,000 S.F. of building floor area devoted to self-storage and accessory
management/administration uses. This requirement maybe modified during the site plan
approval process 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
unit without impeding internal circulation. Based on the proposed site plan modification a
total of 72,200 S.F of storage and office space, which equates to a total of 14 parking
required at one (1) per 5,000 S.F. The applicant has provided a total of 16 parking spaces
which exceeds the LDR requirement.
Pursuant to 4.3.4(4)(6)(b)(6), Along Military Trail, from the L-38 Canal northward to the L-30
Canal, a special landscape area shall be provided. This landscape area shall be the smaller
distance of either 30' or 10% of the average depth of the property; however, in no case shall
the landscape area be less than ten feet (10').
Planning and Zoning Board Staff Repc neeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 8
Pursuant to 4.3.4(4)(J)(5), for special uses (not including residential, commercial, or
industrial uses) which can only be accommodated through the use of the SAD (Special
Activities) District, the height limitations for such a use within any SAD shall be specifically
set forth in the enacting ordinance of that specifiC SAD, provided that the SAD falls within
one of the geographical areas described in Subsection 4.3.4(J)(4)(i).
Pursuant to 4.4.25(E)(1), for the proposed Safe and Secure storage facility the
supplemental district regulations as set forth in Article 4.6 of the LDRs shall apply. Parking
and loading requirements (number of spaces) shall be as set forth on the site and
development plan. [Amd. Ord. 60-93 10/12/93]
Florida Statues GoverninCl Voluntary Annexations:
Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and reasonably
compact may petition the governing body of said municipality that said property be annexed to
the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary
annexation when such annexation results in the creation of enclaves".
Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed
area that is enclosed within and bounded by a single municipality and a natural or man made
obstacle that allows the passage of vehicular traffic to that unincorporated area only through
the municipality.
. The property is contiguous with the City and reasonably compact. These parcels nor the
remaining subdivision do not technically meet the definition of an enclave as they are
contiguous to the west with Highpoint which is under County jurisdiction. However, while the
County has not yet responded it is anticipated that they will not support the annexation as
the annexation of this property will require that County personnel must drive through the
City to provide services to the residents of the Rockland subdivision.
Land Development ReClulations GoverninCl Annexations:
Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The
property owner has voluntarily petitioned for this annexation.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
DesiClnated annexation area: The territory to be annexed is located within the designated
annexation area (Area F) located on the west side of Military Trail north of Atlantic Avenue.
Annexation of the subject territory is consistent with the Future Land Use Element Policy 8-3.5,
which calls for annexation of eligible properties through voluntary annexations as the
opportunities arise.
CONCURRENCY:
Provision of Services: Future Land Use Element 8-3.1 states that when annexation of
property occurs, services are to be provided in a manner which is consistent with services
Planning and Zoning Board Staff Rep, Meeting of 01/23/06
Robotic Space Savers - Annexation, FLlIM, and Rezoning
Page 9
provided to other similar properties already in the City. Following is a discussion of required
services and the manner in which they will be provided.
Police: The subject properly is currently served by the Palm Beach County Sheriffs Office,
located at 345 South Congress Avenue, which serves the South County area. The properly
lies within Sheriff Patrol zone 4. Zone 4 is bordered by EI Clair Road on the west, the Atlantic
Ocean on the east, and Boynton Beach on the north and Atlantic Avenue to the south. One
officer is assigned to a particular zone during a shift (three shifts per day). The City of Delray
Beach's Police Department has 14 cars per shift patrolling a 15 square mile area during the
day and 15 cars during the night; and as a consequence, response time is significantly
improved upon annexation. Annexation will not require additional manpower since the police
currently pass the property during routine patrolling to the north and east of the property.
Fire and Emeraencv Services: The municipal area is served by Fire Station NO.4 (Barwick
Road and Lake Ida Road). With annexation, the properly will receive an improved response
time from the current 5.5 minutes of the County's Fire Department (Fire Station #42 located on
Hagen Ranch Road close to the Turnpike) to 2.5 minutes for the City's Fire Department (Fire
Station #4 located at Barwick and Lake Ida Road).
Water and Sewer: City services regarding water and sewer have previously been discussed
under Future Land Use Analysis section of this report.
Streets: The subject property has direct access to Military Trail which is under the juriSdiction
of Palm Beach County. The jurisdictional responsibility immediately adjacent to the properly
change with annexation as both sides of the street will be within the City limits. However,
associated road maintenance will not change upon annexation.
FinanciallmDacts:
Effect upon Annexed Property:
The following table depicts the current assessed value and total (County) taxes for the subject
property:
424614030020010 $22,650.00 $432.00 19.07285 23.725398 $537.38 $105.38
424614030020020 $21,390.00 $408.00 19.07433 23.725398 $507.49 $99.49
424614030020030 $21,390.00 $408.00 19.07433 23.725398 $507.49 $99.49
424614030020040 $21,390.00 $408.00 19.07433 23.725398 $507.49 $99.49
TOTAL $86,820.00 $1,656.00 19.07395 23.725398 $2,059.84 $403.84
For the 2005 tax year the subject property (four parcels) had a combined assessed value of
$86,820. With the change from County to City jurisdiction, the following taxes and rates will be
affected:
Planning and Zoning Board Staff Rep, Meeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 10
Fire/Rescue MSTU
Palm Beach County Lib.
Palm Beach Co. Lib. Debt
Florida Inland Navegation
Health Care District
Children Service Council
Palm Beach County
Palm Beach County Debt
Public Schools Debt Servo
Public Schools Loc.Board
Public Schools State Law
SFWMD District
SFWMD Everglades Const
City of Delray Beach
City of Delray Beach Debt
SUB-TOTAL
296.06
49.07
5.20
3.33
93.76
59.79
361.36
23.38
19.28
230.42
454.07
51.83
8.69
$1,656
3.199300 DELETE
0.540000 DELETE
0.040400 DELETE
0.038500
1.099969
0.300201
4.500000
0.267698
0.274000
2.591990
4.900000
0.510000
0.811900
7.466100 Added (City)
0.533900 Added (City)
19.073958 Diffe"mce'
4.22030
0.00
0.00
0.00
3.33
93.76
59.79
420.73
23.38
19.28
230.42
454.07
51.83
8.69
$648.21
$46.35
$2,059.84
0.00
0.00
0.00
0.469640
1.099969
0.300201
4.500000
0.267698
0.274000
2.591990
4.900000
0.510000
0.811900
7.466100
0.533900
23.725398
. Total tax mileage in the county is 19.0739 mills while in the city the total mileage is 23.7253 mills. Therefore the
difference is 4.2203 mills.
The current yearly ad valorem taxes are $1,656. With annexation the yearly ad valorem taxes
will be $2,059.84, (1656+403.84=2,059.84); a tax difference of $403.84. In addition to
property taxes, the following Non Ad Valorem fiscal responsibility will apply:
Delray Beach Storm Water Utility - This assessment is based upon the percentage of
impervious area of the buildings, parking areas, etc. A 25% discount from the assessment is
available since the property is within the Lake Worth Drainage District. An additional 25% is
also available as drainage is retained on site.
Solid Waste Authority - The Military Trail annexation areas are serviced under a new
contract by Waste Management (pursuant to a contract awarded October 1, 2003). City's
contract is currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a)"
if a party has an exclusive franchise which is in effect for at least six months prior to the
initiation of an annexation, the franchise may continue to provide such services to the annexed
area for five years or the remainder of the franchise term whichever is shorter". As the waste
provider is currently the same this annexation will have no impact.
Resulting Impacts to the Property Owner:
Planning and Zoning Board Staff Repe ~eetlng of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 11
AD VALOREM TAXES 2006
City Mills. County Mills
23.7254 19.07395 = 4.2203
NON AD VALOREM TAXES 2005
Stormwater Assessment (When proposed project is built)
Solid Waste Collection When ro osed ro'ect is built
WATER & SEWER UTILITY FEES
ANNUAL FINANCIAL IMPACT:
+
$378.39
$299.62
$0.00
+ $1,081.85
Fire Response
+
Faster response from an estimated 5.5
minutes (Coun ) to 2.5 minutes (Cit ).
Faster response from an estimated 5.5
minutes Count to 2.5 minutes Ci .
Better response based upon more officers
in field; 14 patroll cars per shift daytime,
15 atroll cars durin the ni hI.
Pro-active vs reactive opportunity to work
with ropert owners.
Emergency Medical
Services EMS
Police
+
+
Code Enforcement
+
FiscallmDacts to the Citv: At the 2003/2004 City operating milage of 7.4661 mills and debt rate
of 0.5339 mills, the property will generate approximately $403.84 in new ad valorem taxes per
year. Additional revenues will be realized through increased assessment value, the annual
collection of the storm water assessment fee as well as utility taxes (9.5% electric, 7%
telephone) and franchise fees on electric, telephone, and cable.
[0TI~
Nfl! .^ '. . m
AD VALOREM TAXES 2005
City of De/ray Beach (7.4661 Mills) $648.21
City of Delrav Beach Debt (0.5339 Mills) $46.35
SUB-TOTAL $694.56
NON-AD VALOREM TAXES
Storm Water Utility (# sq.ft. of impervious area/2,502) X $54) $0.00
SUB-TOTAL $694.56
PARK AND RECREATION IMPACT FEE
$500 Der dwelling $0.00
TOTAL $694.56
"'...IIIIf~
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and
Compliance with the development criteria of the LOR were previously discussed under the
"Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land
Development Regulations with respect to Standards for Rezoning Actions and Rezoning
Findings are discussed below.
The proposed City zoning designation is SAD (Special Activities District) while the current
County zoning designation is CG/SE (Commercial General/Special Exception). The special
exception was approved by Resolution No. 80-836 and Resolution 80-837, approved on June
24, 1980, by the Board of County Commissioners which allowed a Funeral Home. This use is
Planning and Zoning Board Staff Rep Meeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 12
more residential in type and would have less impact that most commercial uses. The current
proposal would introduce an industrial type of use which as previously stated is inconsistent
with adjacent land use patterns.
The surrounding zoning designations are: County AR (Agricultural Residential) to the west; City
RM (Multiple Family Residential - Medium Density) to the east; City GC (General Commercial)
to the north; and City LD (Multiple Family Residential- Low Density) to the south.
Section 3.2.2 (Standards for RezoninQ Actions): Standard "A", "B", "C", and "E" are not
applicable with respect to this rezoning request. Standard "0" requires that the
rezoning shall result in allowing land uses which are deemed compatible with adjacent
and nearby land use both existing and proposed; or that if an incompatibility may occur,
that sufficient regulations exist to properly mitigate adverse impacts from the new use.
[Amd. Ord. 13-99 3/16/99]
The application of an initial zoning designation of SAD (Special Activities District) is not
consistent with the adjacent development pattern to the south, east, and west of the subject
property. The proposed storage facility creates concerns with respect to compatibility with the
surrounding existing development, and its potential to negatively impact the character of the
area. Therefore, the proposed Rezoning to Special Activities District (SAD) does meet the
requirements of LDR Section 3.2.2 (D) Standards for Rezoning Action and should be denied.
Further, pursuant to 4.4.25(A), the purpose and intent of the Special Activities District is to
provide a zone district which is appropriate for projects which are not otherwise classified or
cateQorized in other zone districts; or, which for some other reason, can not be properly
accommodated in the other zone districts. This use is classified and categorized in the MIC
zone district LI zone District and certain areas of GC (General Commercial) zoned district. To
accommodate a self storage facility under these zone designations would require a land use
category of Commerce, Industrial or General Commercial and zoning of Mixed Industrial, Light
Industrial and Commercial. Given the predominant residential nature of the adjacent land uses
those designations would clearly be inappropriate. By utilizing the SAD ordinance process the
applicant will introduce these industrial and/or commercial type uses to the site. As previously
stated office, commercial and industrial uses are inconsistent with the predominantly residential
character of the adjacent properties.
Section 2.4.5 (0) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (0) (5), Pursuant to lOR Section 2.4.5(0) (5), in addition to
provisions of Chapter Three, the City Commission must make a finding that the rezoning
fulfills one of the reasons for which the rezoning change is being sought. These
reasons include the following:
(a) That the zoning had previously been changed, or was originally established, in
error;
(b) That there has been a change in circumstances which make the current zoning
inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future
land Use Map and that it is more appropriate for the property based upon
circumstances partiCUlar to the site and/or neighborhood.
Planning and Zoning Board Staff Repo neeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 13
The applicant is applying for annexation of this property into the City and the annexation
requires that an appropriate zoning designation also be applied. While the SAD zoning may be
consistent with the proposed land use designation TRN (Transitional), the proposed uses within
the SAD are not of similar intensity as allowed in the Transitional Land Use designation which
would not accommodate conventional zoning designations which would accommodate a self
storage use.
The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Palm Beach County Notice:
On January 9, 2006 the Palm Beach County Planning Division was notified of the City's intent to
annex this property.
Lake Worth DrainaCle District:
On January 18, 2006 Lake Worth Drainage District was notified of the City's intent to annex this
property.
IPARC Notice:
On January 18, 2006, notice of the Future Land Use Amendment has also been provided to the
Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to
adjacent municipalities. No objections have been received.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o PROD (Progressive Residents of Delray)
o Carolyn Zimmerman, Presidents Council
o Neighborhood Advisory Council
o Gerald DeFoe
o Gary Lord
o Gary Horatsis
o Nancy Monaco
o Frances Chassen
o High Point Delray West 1
o High Point Delray West 2
o High Point Delray West 3
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Additional letters of support or objection, if any, will be presented at the Planning and
Zoning Board meeting.
Planning and Zoning Board Staff Rep. Meeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 14
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its planning and service area. The application of an initial zoning
designation of SAD and the related development it is not consistent with the adjacent
development pattern to the south, east, and west of the subject property. The proposed self
storage facility does create concerns with respect to compatibility with the surrounding existing
development, and with the character of the area. The proposed Future Land Use designation of
Transitional (TRN) and Rezoning to Special Activities District (SAD) of the subject property is
not consistent with Policy A-1.7 and Policy A-2.3 of the Comprehensive Plan, and does not
meet the requirements of LDR Section 3.2.2(D) Standards for Rezoning. Required findings with
respect to 3.1.1. (FLUM Consistency and Compatibility cannot be made). Staff recommends the
subject property be annexed with a Future Land Use Map designation of MD (Medium Density
5-12 du/ac) and zoning designation of RL (Multiple Family Residential - Low Density). Based
upon the above, the proposed Annexation, Future Land Use Map Amendment and associated
Rezoning application as presented should be denied.
The annexation will provide with better Police, Fire, EMS and Code Enforcement services. The
property will experience a slight increase in ad valorem taxes.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the voluntary annexation,
FLUM Amendment from County LR-3 to Transitional (TRN), and the initial zoning
designation of SAD (Special Activities District) for the subject property, by adopting the
findings of fact and law contained in the staff report, and finding that the request and
approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth
in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the voluntary annexation,
FLUM Amendment from County LR-3 to Transitional (TRN), and the initial zoning
designation of SAD (Special Activities District) for the subject property, by adopting the
findings of fact and law contained in the staff report, and finding that the request and
approval thereof is not consistent with the Comprehensive Plan nor meets the criteria set
forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
_11_
. . ,-13, i;;;:::"' :) '" L n, 'lJ, ' n 1 " " " ~ , P> ",' "", "
Move a recommendation of denial to the City Commission for the voluntary annexation, FLUM
Amendment from County LR-3 to City Transitional (TRN), and the initial zoning designation of
SAD (Special Activities District) for the subject property, by adopting the findings of fact and law
contained in the staff report, and failure to make positive findings with respect to LDR Section
3.2.2.(D), 3.1.1. (Future Land Use Map), 3.1.1. (Compatibility) 2.4.5.(D}(5) (Reasons for
rezoning) and inconsistensies with the Comprehensive Plan more specifically FLUM Element
Policy A-1. 7 and Objective A-1.
Attachments:
Location Map
Conceptual Site Plan and Elevation
Staff Report Prepared by: Estefio Breto, Senior Planner
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MII.ITA,,::i!"r'1RA.11.
---
i I A NEW FACILITY FOR
R060TIC &PAC5 &Av5R&
I WINNINGHAm, BUNDY & liCE I
ARCHITECTS, PA. ~,. :~;:;~:
I070Jlb-tOeost 45th Su.<< fMl.cu:ien:lck flortda 33334
MILITARY TRAIL AND CONKLIN DRIVE, DELRAY 6EAC~
CITY OF DELflAY BEACH
NOTICE OF ANNEXATION,
REZONING AND LAND USE
CHANGE
The ciicommiss'on will conduct-8 Public Hearing on TU-=-$,~, AV. JULY
~ 20 .AT NlO M. in the Commission Chambers aTcrt Ball,l00
N.?fJ.' Avenue, Delray Beach, Florida (or at any continuaton of such
meeting which Is set by the City Gommisslonl., Atthls meeting the City
Commission will conslCler adoptfng this aman scale amendment to the
Future Land Use Map of the Comprehensive Plan and the rezonlng~ The
title of the enacting ordinance is as follows:
. A small scale Future Land Use Map (FLUM) amendmentFROM
County LR-3 /low Density ,Aesldentlal- 3.dwelling units per acrel
TO City TRN' (Transitional) and Rezoning from County, CGlSE
(Commercial General/Special Exception 10 C!tY SAD (Special
ActiYlties District) for a Q99 acre pr9J>ertv to be known as 'Robotic
S~ce Savers, located at the soUthwest comer of Conklin Drive
and Military Trail.
ORDINANCE NC? s..o6
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEL-
RAY BEACH.;... FLORIDA, ANNEXING TO' THE CITY OF DELRAY
BEACH A PAHCEL OF LAND LOCATED AT THE SOUTHWEST COR-
NER OF CONKLIN DRIVE AND MILITARY TRAIL",AS MORE PARTIC-
ULARLY DESCRIBED HEREIN, WHICH LAND I" CONTIGUOUS TO
EXISTING MUNICIPAlLlMITSi ~EDEFININGTHEBOUNDARrES OF
THE CITY TO INCLUDE SAID l...I:\ND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND..i..AFFIXING AN OFFICIAL -LAND
USE DESIGNATION OF TRANSITluNAl:FORS~DLANOTO,THE
FUTURE LAND USE-MAP AS CONTAINEDIN:iHE C~MPREHENSIVE '
PLAN.; o,EGTING TO PROGoED UNDER _SI GLE HEARING
ADOI"TION PROCESS FOR SMALL SCALE, LAND USE' - PLAN
AMENDMENTS' PROVIDING FOR THE ZONING THEREOF TO SPE-
CIAlACTIVITIES DISTRICT tSAD) OISTRICT~AND AMENDING SEC-
~~~E4~A~~~g" foAt~t Lls~ ~AFD~p~~g~E8]~~D.~9~p~~~81~8
A GENERAL REPEALER CLAUSE, A SAVING CLAUoE, AND AN
EFFECTIVE DATE.
A MAP (not to,scalelDEPICTlNGlHE GENERALLOCAOON OF lHE PROp..
ERTY roBE ANNEXED IS - SHOWN BELOW. A COMPLETE LEGAL
DESCRIPTION BY LOT AND SUBDIVISION ANDIOR METES AND BOUNDS
AND A COPY OF lHE ORDINANCE HEREIN. ABOVE NAMED CAN BE
OBTAINED FROM lHE OFRCE OF THE CITY CLERK, CITY HALL, 100 N.W
1ST AVENUE, DELRAY BEACH, FLORIDA
All interested citizens are invited to attend the publlc hearing and com.
ment upon the Future Land Use Map amendment and rezOning or sub.
mit their comments in writing on or Defore the date of this heanng to the
Planning and Zoning Department. For further information or to obtain
copies of the proposed amendment, etease contact Estelio Breto of the
Planning and ZonlnQ. Department, 100 N.W. 1 st Avenue Delray Beach,
Florida 33444 (email at ozm~i1r:mrdelravbe~c~ 8%"')' phone (561 )243-
7040, between the hours _0, : . a.m. an : p.m. on weekdays
(excluding holidays). .
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY
DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO
ANY MATTER CONSIDERED AT THIS HE:ARfNG SUCH PERSON
WILL NEED-A VERBATIM RECORD OF THE PROCEEDINGS, AND
FOR THIS PURPOSE SUCH PERSON MAY NEED TO ENSURE THAT
A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,/.. WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCt: UPON
WHICH THE APPEAL IS BASED, THE CITY DOES NOT PROVIDE OR
PREPARE SUCH RECORD PURSUANT TO F.S,. 286.0105.
CITY OF DELRAY BEACH <
Chevelle D. Nubin
City Clerk
PUBLISH: Friday, July 14, 20. 06
Monday, July 17, 2006
Monday, July 24, 2006
Boca RatonlDelray Beach News
Ad # NS50706300
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