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37-96 (kRDINANCE NO. 37-96 AN ORDINANCE OF THE CITY C(~4ISSIC~ OF THE CITY OF D~.RAY BEACH, FLORIDA, ESTABLISHINS INITIAL ZONING OF I (IADU~) DISTRICT FORA 4.3 bLUE POBTIC~ OF THE HARDRIVES PBOPER~ LOCATED ON THE EAST SIDE OF (X~GRESS AVENUE, ~TELY 1,800 FEET SOUTH OF ~ BOAD, AS T~E SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING #Z~N/NG MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDINS A SAVING CLAUSE, A GENERAL REPEALER WHEREAS, at its meet/ng of June 10, 1996, the Planning and Zoning Boar~ for the City of Delray Beach, as Local Planning Agency, considered this matter at public hearing and voted unanimDusly to rec~end approval of the establi~t of an initial zoning classification of I (Industrial) District, based upon positive fittings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, and as subsequently amended, reflect a zoning classification of I (Industrial) District for the pr~ here/nafter described. NC~, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY Section 1. That the legal description of the subject property is as follows: A parcel of land lying in Section 30, Township 46 South, P~nge 43 East, Palm Beach County, Florida, being more particularly described as follows: Beginning at the intersection of the West right-of-way line of Seaboard Airline Railroad with the East-West Om~ter section line of said Section 30; thence South 00 degrees 27' 17" East, along the West right-of-way line of said Seaboard Airline Railroad, a distance of 476.28 feet; thence South 89 degrees 13' 16" West, a distance of 393.0! feet to the intersection thereof with the East right-of-way line of Congress Avenue (a 120.00 foot road right-of-way, as laid out and now in use); thence North O0 degrees 27' !7" West, along the East right-of-way line of said Congress Avenue, a distance of 476.28 feet to the intersection thereof with the East-West Quarter section line of said Section 30; thence North 89 degrees 13' 16" East, along said East-West ~3a~ter section line, a distance of 393.0! feet to the Point of Beginning. Congress Avenue, approximately 1,800 feet south of Germantown Road; containing 4.3 acres, more or less. Section 2. ~mt Chapter Two of the Land Development Regulations has ~ followed in the establishment of the zoning classification in this oz~l/nance and the tract of land hereinabove described is hereby declared to be /n Zoning District I (Industrial) as defined by exist/rig ordinances of the City of Delray Beach, Florida. Section 3. That the Plann/ng Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of De/ray Beach, Florida, to conform with the provisions of Section 2 hereof. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of c~mpetent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other Section 5. That all ordinances or parts of ordinances which are /n ~xflict herewith are hereby repealed. Sect/on 6. That th/s ordinance shall become effective immediately upon the effective date of Ordinance No. 36-96, under which an official land use 4esignation of Industrial is affixed to the property hereinabove described. Ord/nance No. 36-96 shall become effective upon the date a final order is issued by the Department of Cumm~ty Affairs finding Comprehensive Plan l%mer~%~nt 96-1B to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Ccm~ssion finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPTED in regular session on second and final reading on this the 17th day of September , 1996. First Reading September 3, 1996 Sec~ Reading September 17, 19 9 6 - 2 - Ord. NO. 37-96 8 ~ ADJACENT ZONINGS ~~, FOR HARDRIVES PROPERTY MEMORANDUM TO: MAYOR AND CITY CO~SSIONERS FROM: CITY Mhlq~GER ~P/~ SUBJEL-~: AGENDA ITEM # /0~- REGULAR MEETING OF SEPTEMBER 17, 1996 SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 37-96 (INITIAL ZONING FOR A PORTION OF HARDRIVES PROPERTY/EAST SIDE OF CONGRESS AVENUE) DATE: SEPTEMBER 12, 1996 This is second reading and a quasi-judicial public hearing for Ordinance No. 37-96 which establishes the zoning classification of I (Industrial) for a 4.3 acre portion of the Hardrives porperty located on the east side of Congress Avenue. In December, 1995, the entire 27.76 acre Hardrives site was annexed to the City. At the same time, a small scale Future Land Use Map amendment to City Industrial and initial zoning of I (Industrial) was processed for the north 7.93 acres of the 12.23 acre parcel lying east of Congress Avenue. The remaining 4.3 acres were not included due to restrictions associated with small scale FLUM amendments. The subject property retained its County FLUM and zoning categories until the processing of the regular twice a year comprehensive Plan amendment. The land use designation change from County Industrial to City Industrial is included in comprehensive Plan Amendment 96-1B. This ordinance establishes the appropriate City zoning category. The Planning and Zoning Board considered this matter at public hearing on June 10, 1996, and voted unanimously to recommend that it be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). At first reading on September 3rd, the Commission approved the ordinance by a vote of 4 to 0. Recommend approval of Ordinance No. 37-96 on second and final reading. ref: agmemo 10 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER (~i~/I SUBJECT: AGENDA ITEM #/~.~.- REGULAR MEETING OF SEPTEMBER 3~ 1996 FIRST READINGFO~ ORDINANCE NO. 37-96 (INITIAL ZONING FOR A PORTION OF HARDRIVES PROPERTY/EAST SIDE OF CONGRESS AVENUE) DATE: AUGUST 29, 1996 This is first reading for Ordinance No. 37-96 which establishes the zoning classification of I (Industrial) for for a 4.3 acre portion of the Hardrives porperty located on the east side of Congress Avenue. In December, 1995, the entire 27.76 acre Hardrives site was annexed to the City. At the same time, a small scale Future Land Use Map amendment to City Industrial and initial zoning of I (Industrial) was processed for the north 7.93 acres of the 12.23 acre parcel lying east of Congress Avenue. The remaining 4.3 acres were not included due to restrictions associated with small scale FLUM amendments. The subject property retained its County FLUM and zoning categories until the processing of the regular twice a year Comprehensive Plan amendment. The land use designation change from County Industrial to City Industrial is included in Comprehensive Plan Amendment 96-1B. This ordiD~nce establishes the appropriate City zoning category. The Planning and Zoning Board considered this matter at public hearing on June 10, 1996, and voted unanimously to recommend that it be approved, based upon positive finxiings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Recommend approval of Ordinance No. 37-96 on first reading. If passed, a quasi-judicial hearing will be scheduled for September 17, 1996. ref: agmemo 10 TO: DAVID T. HARDEN, CITY MANAGER THRU: DI/~NE DOMINGUEZ, DIR~.ECTO~,) NG~ND ZONING FROM: J~;~Ff~DEY A. COSTELLO SENIOR PLANNER SUBJECT: MEETING OF SEPTEMBER 3, 1996 ESTABLISHING THE CITY I (INDUSTRIAL.) ZONING DESIGNATION FOR 4.3 ACRES LOCATED ON THE EAST SIDE OF CONGRESS AVENUE, APPROXIMATELY 1.800 FEET SOUTH OF GERMANTOWN ROAD. IF EXTENDED. The action requested of the City Commission is that of approval on first reading of an ordinance establishing the City I (Industrial) zoning designation for a 4.3 acre portion of the Hardrives property. The Future Land Use Map Amendment from County Industrial to City Industrial is being considered in conjunction with Comprehensive Plan Amendment 96-1B. The subject property is located on the east side of Congress Avenue, approximately 1,800 feet south of Germantown Road, if extended. On December 5, 1995, the City Commission took the following actions regarding the 27.76 acre Hardrives property: [a Annexed the entire 27.76 acre Hardrives property via an Annexation Agreement; Q Approved a Small-Scale Future Land Use Map Amendment to City Industrial and a Rezoning to City I (Industrial) for the north 7.93 acres of the 12.23 acre parcel lying east of Congress Avenue; City Commission Documentation Meeting of September 3, 1996 Establishing the City I (Industrial) Zoning Designation for the Hardrives Property on the East Side of Congress Avenue (4.3 Acres) Page 2 E] Approved a Small-Scale Future Land Use Map Amendment to City Transitional and Rezoning to POC (Planned Office Center) for the west 6.72 acres of the 15.53 acre parcel lying west of Congress Avenue; and, El Approved a Conditional Use request to remove the three (3) existing communication towers on the west side of Congress Avenue and install one (1) 450 foot communication tower on the north 7.93 acre of the parcel east of Congress Avenue. This proposal to establish the City I (Industrial) zoning designation involves the balance (4.3 acres) of the 12.23 acre parcel located on the east side of Congress Avenue. The associated Future Land Use Map amendment from County Industrial to City Industrial is being considered in conjunction with Comprehensive Plan Amendment 96-1B. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. At its meeting of June 10, 1996, the Planning and Zoning Board held a public hearing in conjunction with review of the Future Land Use Map amendment and initial zoning requests. There was no public testimony regarding the proposals. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the requests be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Sections 2.4.5(D)(5). On June 18, 1996, the City Commission transmitted Comprehensive Plan Amendment 96-1 to the Florida Department of Community Affairs (DCA), which included a Future Land Use Map amendment from County Industrial to City Industrial as recommended by the Planning and Zoning Board. By motion, approve on first reading the ordinance establishing the City I (Industrial) zoning designation, and setting a public hearing date of September 17, 1996. Attachments: El P & Z Staff Report and Documentation of June 10, 1996 ~ Ordinance by Others PLANNli.G AND ZONIN,J BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: June 10. 1996 AGENDA ITEM: ,.A.~. ITEM: Future Land Use Map Amendment from County Industrial to City Industrial and initial zoning of I (Industrial) for a 4.30 acre parcel of the Hardrives property located on the east side of Congress Avenue, approximately 1,800 feet south of Germantown Road. GENERAL DATA: Owner. ......................................... George T. Elmore, Trustee Applicant/Agent ............................ Jeff Lis Catalfumo Construction Location ........................................ East side of S. Congress Avenue, 1,800 feet south of Germantown Road. Property Size ................................ 4.30 acres Existing Future Land Use Map ...... Industrial - County Proposed Future Land Use Map .... Industrial - City of Delray Beach Current Zoning .............................. IL (Light Industrial) - County Proposed Zoning ........................... I (Industrial) - City of Delray Beach Adjacent Zoning .................. North: I (Industrial) East: CD (Conservation District) South: PCC (Planned Commerce Center) West: Clio (Commercial High Office) - County and POC (Planned Office Center) Existing Land Use ........................ Existing roadway construction company with concrete and asphalt manufacturing facilities, and associated equipment storage and repair facilities. Proposed Land Use ...................... Same as existing. Water Service ............................... Existing on-site Sewer Service .............................. Existing septic system II.A.1 The item before the Board is that of making a recommendation on a privately initiated Future Land Use Map Amendment from County Industrial to City Industrial along with an initial zoning of City I (Industrial). The subject property is located on the east side of Congress Avenue, approximately 1,800 feet south of Germantown Road, if extended. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map and Rezoning requests. The Hardrives site was developed in the County and consists of three parcels with a total of 27.76 acres. One 15.53 acre parcel is located on the west side of Congress Avenue and contains an office with an electric and support room for the three radio towers (2 - 300' high and 1- 400' high), Two parcels (.44 acres and 11.79 acres) are located on the east side of Congress Avenue and contain the industrial operation of Hardrives which includes heavy equipment storage, repair, and other operations necessary for road construction. On December 5, 1995, the City Commission took the following actions regarding the 27.76 acre Hardrives property: [3 Annexed the entire 27.76 acre Hardrives property via an Annexation Agreement; [3 Approved a Small-Scale Future Land Use Map Amendment to City Industrial and a Rezoning to City I (Industrial) for the north 7.93 acres of the 12.23 acre -- parcel lying east of Congress Avenue; [3 Approved a Small-Scale Future Land Use Map Amendment to City Transitional and Rezoning to POC (Planned Office Center) for the west 6.72 acres of the 15.53 acre parcel lying west of Congress Avenue; and, El Approved a Conditional Use request to remove the three (3) existing communication towers on the west side of Congress Avenue and install one (1) 450 foot communication tower on the north 7.93 acre of the parcel east of Congress Avenue. P & Z Board Staff Report FLUM Amendment from County Industrial to City Industrial and Applying Initial City Zoning of I (Industrial) for Harddves Property (East 4.3 Acres) Page 2 Only portions of the Hardrives property were given City FLUM and zoning designations due to restrictions associated with Small-Scale FLUM Amendments with regard to the land size and location of the petitions to each other. The portions of property not included retained their current County FLUM and zoning categories pursuant to F.S. 163.3187, until the processing of the regular twice a year Comprehensive Plan amendment. This Future Land Use Map amendment and initial zoning proposal involves the balance (4.3 acres) of the 12.23 acre parcel located on the east side of Congress Avenue. A separate FLUM amendment and initial zoning is being processed for the balance of the Hardrives property (9.0 acres) on the west side of Congress Avenue. :'~ ",,; ~'::::~;:.:~::;~:-'-::~::;';::~-.'~;~,;':~i~:i:~;;: ~;~:;;::.;~,~':;~ ~ ~ ~ ~:+' '"'"' ~ ~: :'""":!~" ~' :' :;i: !: ~:" ~:i''~''' :','~' ;'""::,~'"""'-<'~:~: '""":;~[:"'"'" :i: ;"'" :: ~: ~: ;'"":':: [:'"'"" ::;<~: "~'"::~:~'"'"'::.: :' "~:~: :'"" ::": :4;" :: :'"i:i:i ::':-;;.~ .~ ~ ~ {:[:..': :.:[:~:~ :~:,'..~ ::.~;~-'.i:~:~:~: ~ ~ :,".~-;:~ :[:i: ~:i: i: .-':~:i:':: :~:i~: m":':':':':'~i :' The proposal is to change the Future Land Use Map designation for a 4.3 acre parcel from the Oounty Future Land Use Map designation of Industrial to a City Future Land Use Map designation of Industrial. An initial zoning designation of I (Industrial) is being sought simultaneously. t.:..~et .~: ¢-:-.'~:-.--:~:. :..-~.r > :.., :.:,:-:...,.....:.:.:-:. :...:.:.:.... :'i'~':'t 'l '~'t' '~ '~"~ >' "~'~'~"'> :':':':' :' :':" ":':'"':'~' :':':' :' ×':':':''':':':' ~'" :':'i" ' ":': +:Yt'I':''''':':' :"' :' :' :':'":' :' >'"'" :':'""" '"'":"' :' :' :':'"'" ":"~'×'"" :"' >'"'" :':"'"":'""" :' :'"'" ~:~:~:~:~:~.~:~:~:~:~:~ ' REQUIRED FINDINGS: {Cha.oter 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, 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, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: Pursuant to Land Development Regulations .- Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The subject property has a County land use designation of Industrial and County zoning designation of IL (Light Industrial). In conjunction with the Future Land Use Map amendment ta City Industrial, a rezoning to City Industrial (I) is being sought. Pursuant to LDR Section 4.4.20, within the I (Industrial) zone district, the existing uses of cancrete and asphalt manufaaturing, heavy equipment storage P & Z Board Staff Repot FLUM Amendment from Uounty Industrial to City Industrial and Applying Initial City Zoning of I (Industrial) for Harddves Property (East 4.3 Acres) Page 3 and repair, and other operations necessary for road construction are allowed as permitted and conditional uses. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered in the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. As the proposal represents adoption of the advisory Industrial land use designation there are no concurrency concerns relating to the actual application of the Industrial land use designation. Concurrency findings with respect to future improvements will be made at the time of development review. CONSISTENCy: Compliance with the performance standards set forth in Article 3.3. shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. There are no specific performance standards for FLUM Amendments established in Article 3.3. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives and policies were found. LAND USE COMPATIBILITY; As described in the Future Land Use Element of the Comprehensive Plan, the Industrial Future Land Use Map designation accommodates manufacturing, fabrication, assembly and warehousing. It is applied to land which currently has such uses and which is located in an area which should continue to be used for industrial purposes. It is also applied to those areas of the community which are best suited, because of their location, to accommodate industrial uses. Residential and general commercial uses are not appropriate on land designated as industrial. The land use designation to the north is Industrial and is zoned I (Industrial). This property is the balance of the Hardrives asphalt/industrial operation. The property to the south has a Commerce land use designation, is zoned PCC P & Z Board Staff Repor~ RUM Amendment from County Industrial to City Industrial and Applying Initial City zoning of I (Industrial) for Harddves Property (East 4.3 Acres) Page 4 (Planned Commerce center), and is currently vacant. To the west of the site is bordered by the balance of the Hardrives site which has a City Transitional and County industrial land use designations and City POC (Planned Office Center) in part, and County CHO (Commercial High Office) zoning designations. The County CHO portion is being rezoned to City POC at this same meeting and is discussed in a separate staff report. The portion of the property to be rezoned to POC is to accommodate a proposed office building. To the east of the site is bordered by the Seaboard Coastline Railroad and 1-95, and a vacant property, ~,'hich has Conservation land use and zoning designations. The FLUM amendment involves the application of the City's advisory designation of Industrial, which is consistent with the current use of the property. Compatibility with the surrounding office and industrial uses is not a concern as the properties have co-existed for many years. 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, 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, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Consistency with the Future Land Use Map, Concurrency, and Comprehensive Plan Consistency were discussed in the Future Land use Analysis portion of this report. Compliance with the Land Development Regulations, Standards for Rezoning Actions, and Rezoning Findings are discussed below. CONSISTENCY; Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)($) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be Used in the making of a finding of overall consistency. P & Z Board Staff Repo~ FLUM Amendment from County Industrial to City Industrial and Applying Initial City Zoning of I (Industrial) for Harddves Property (East 4.3 Acres) Page 5 Section 3.3.2 (Standards for Rezoning Actions): Standards A-C are not applicable. The applicable performance standard of Section 3.3.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The surrounding properties contain office and industrial uses to the north, office uses to the west, the Seaboard Coastline railroad and 1-95 to the east, and industrial use to the south. The subject property is in an area that is appropriate for industrial uses. Compatibility with the surrounding properties is not a concern. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.$(D)(5) (Findings), in addition to provisions of Section 3,1.1, 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 appropriate .for the property based upon circumstances particular to the site and/or neighborhood. The basis for which the rezoning is being sought is based upon Item "b". As the property was annexed into the City in December, 1995, the current County IL (Light Industrial) zoning of the property is inappropriate and thus, the City I (Industrial) zoning designation should be applied. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Pursuant to the Annexation Agreement, any future development or improvement not contained in Paragraph 5 of said Agreement, which references existing uses P & Z Board Staff Report FLUM Amendment from County Industrial to City Industrial and Applying Initial City Zoning of I (Industrial) for Hardrives Property (East 4.3 Acres) Page 6 and conditions of the property, and the installation of a 450 foot communication tower, must comply with the City's Land Development Regulations. This property is not in the geographical area which requires review by the Downtown Development Authority, Community Redevelopment Agency, or the Historic Preservation Board. IPARC and Ad_iacent Municipality_ Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. Pursuant to the Intergovernmental Coordination Element, special notice of the development proposal has been provided to the City of Boca Raton and Palm Beach County Planning Departments. To date, a response has not been received. Special Courtesy and Public Notices: Courtesy notices were provided to the following homeowner's associations and civic organizations: Andover Oakmont Association Crosswinds Pines of Delray Crosswinds Single Family Section Pines of Delray East Crosswinds Master Association Pines of Delray West Eastwinds at Crosswinds Progressive Residents of Delray(PROD) Southwinds of Crosswinds Sabal Pine Condominium East, Inc. Foxe Chase Sabal Pine East Association Del[ay. Property Owners Sabal Pine South Association Minto Builders Florida, Inc. (Spring Landing) Formal public notice has been provided to property owners within a 500 ft. radius of the subject property. Any letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. · ' '~ii~iii~iliii~ii~ii'!~i~!i ~i~?'~i'~:'"~ii~?'''?'~iii ='''':'~ili''~':'! i"~?"!iii'~''''':ill '"':'"'i i'~"i!~!ii~ iii?=~!~i''''~ ............ :-i!i~ ?!iiiii?"~""?~='"!i~?'il '"'iii?'" ~i'"'""~!" !i.~~''-'=~!i~?''~iii~i i~i!i ~!~i~ ~!~i iii~i~ii~ii!i iii ii?i~ The Future Land Use Map Amendment from County Industrial to City Industrial is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The proposed Future Land Use Plan Amendment is consistent with the existing use of the property and the proposed P & Z Board Staff Repor, FLUM Amendment from County Industrial to City Industrial and Applying Initial City Zoning of I (Industrial) for Hardrives Property (East 4.3 Acres) ; Page 7 initial zoning of I (Industrial). Given the above, positive findings can be made with Section 3.1.1, Section 3.3.2, and Section 2.4.5(D) of the Land Development Regulations, and policies of the Comprehensive Plan. A. Continue with direction. B. Recommend approval of the Future Land Use Map Amendment from County Industrial to City Industrial, and the initial zoning of City I (Industrial) based upon positive findings with respect to Section 3.1.1, Section 3.3.2, and Section 2.4.5(D) of the Land Development Regulations, and policies of the Comprehensive Plan. C. Recommend denial of the Future Land Use Map Amendment from County Industrial to City Industrial and the initial zoning of City I (Industrial) with reasons stated. Recommend to the City Commission approval of the Future Land Use Map amendment from County Industrial to City Industrial and the initial zoning designation of I (Industrial) based upon positive findings with respect to Section 3.1.1, Section 3.3.2, and Section 2.4.5(D) of the Land Development Regulations, and policies of the Comprehensive Plan. Attachment: E! Future Land Use Map El Zoning Map This Staff Report prepared by: Jeff Costello. Senior Planner LEGAL VERIFICATION FORM FILE # s96-104, 96-105, 96-106 & 96-107 PROJECT NAME: HARDRIVES AMENDMENTS TO THE FUTURE LAND USE MAP AND ASSIGNMENT OF INITIAL CITY ZONINGS LEGAL DESCRIPTION: PARCEL A: A Future Land Use Map Amendment for 4.30 acres from County Industrial to City Industrial, and; A change in the zone district from County IL (Light Industrial) to City I (Industrial). PARCEL A: A parcel of land lying in Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Beginning at the intersection of the West right-of-way line of Seaboard Airline Railroad with the East-West Quarter section line of said Section 30; thence South 00° 27'17" East, along the West right-of-way line of said Seaboard Airline Railroad, a distance of 476.28 feet; thence, South 89° 13'16" West, a distance of 393.01 feet to the intersection thereof with the East right-of-way line of Congress Avenue, (a 120.00 foot road right-of-way, as laid out and now in use), thence North 00° 27'17" West, along the East right-of- way line of said Congress Avenue, a distance of 476.28 feet to the intersection thereof with the East-West quarter section line of said Section 30, thence, North 89° 13'16" East, along said East-West Quarter section line, a distance of 393.01 feet to the point of beginning.