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Ord 04-07 [IT' OF DELIAY BEA[H DELRAY BEACH F LOR I 0 ^ ItIaI:II All-America City , , III! CITY CLERK 1993 February 9 2007 2001 ' NOTIFICATION OF ANNEXATION Please find a copy of Ordinance No. 4-07 annexing property to the City of Delray Beach, which was passed and adopted on second and final reading by the City Commission in regular session on February 6, 2007. Ordinance 4-07 will be recorded with the Palm Beach County Clerk of the Court. This information is being provided in accordance with Section 166.231 of the Florida Statutes, and Chapter 50 of the Code of Ordinance for the City of Delray Beach. If you have any questions, please do not hesitate to contact the City Clerk's office at (561) 243-7059. Sincerely, ~~.~~ Chevelle D. Nubin, CMC City Clerk Attachments: Ordinance No. 4-07 Annexation Brief @ T E F F r r'T' A" tI 'YS' M A -r.1 r= f=l (~ _. . ,) r. L ~ \ A i"".. ,~ [IT' OF DELIAY BEA[H DELRAY BEACH F LOR , 0 .... ItIaI:II All-America City , , III! CITY CLERK 1993 2001 CERTIFICATION I, CHEVELLE D. NUB IN, 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. 4-07, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 6th day of February, 2007. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 9th day of February, 2007. ~~SD.~~ Chevelle D. Nubin, CMC City Clerk City of Delray Beach, Florida ,,'r' ;~ ~.. if f.~' 'Wi . ) -- ..." Ii' '- _ J .. 1- !:. r ) ;~A(S~) ,...."..'" -,. "., . f/ ... ~ iii, .....,...".j.;rf- I ,j r . @ T EF F1T ALWAYS M ORDINANCE NO. 4-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM COUNTY LR-3 (LOW RESIDENTIAL - 3 DU / AC); TO TRN (TRANSITIONAL), ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED COUNTY CG/SE (COMMERCIAL GENERAL/SPECIAL EXCEPTION) TO SPECIAL ACTIVITIES DISTRICT (SAD) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF CONKLIN DRIVE AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, MARCH 2006"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Boynton Properties LLC, is the fee simple owner of a 0.99 acre parcel of land located at the southwest corner of Conklin Drive and Military Trail; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (pLUM) designation of County LR-3 (Low Residential-3 du/ac); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from County LR-3 (Low Residential-3 du/ac) to TRN (Transitional); and WHEREAS, the property hereinafter described has a zoning classification of County CG /SE (Commercial General/Special Exception); and WHEREAS, at its meeting of January 23, 2006, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to 0 that the requests be denied, based upon a failure to make positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are not consistent with and do 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; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. 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 Future Land Use Map designation of the subject property is hereby officially affixed as TRN (Transitional). Section 3. 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 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of Special Activities District (SAD) Zoning District for the following described property: 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. Section 5. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 4 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD NO. 4-07 I / . \ \ Section 7. 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 8. That this ordinance shall become effective as follows: 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, 2555 Shumard Oaks Boulevard, Tallahassee, Florida 32399-2100. p e~ AND ADOPTED in reguIar sessioo on second and final reading on this rhe to ~ day of ~, 200::).. ) ~f~ ATTEST: ~.~ \). \\)~'" City Clerk FirstReading \\~~\ ~ . Second Reading ~\ \., \ D, ~ 3 ORD NO. 4-07 ~'ff cQ5\ J ~~ ( -0 ;. ~~, ~f -- < \ 0 ~ ROAD ~0' -l~LAKE IDA R 0 A 0 ~ - \ II I I I I I PETAL PLACE <( a:: ~ N.W. 6TH ?/ 1 I . I FERNDALE ~ I I II t==::t- ~ ~ I I I I 1 I f--- < \ T r DRIVE :---- a f--- w ~ . I I j ~IIIIII ~ ~ :ri- ____ /' N. W. 6T1-l r- ~ r > NESTING WAY z < :-- ~IV. s""ili CT. rl . >- ~ J 0 a:: _'-- ~. < f=Q ~. I"" ~-t- I J1 - f){ r---..........~ ST. -1 ;t' T _ ;;i CANAL L-32 ~ i \ r G- IIIIP WA TKiNS ~ ~~ MOTOR LINES 3RD PUBLIC SELF > GN.W. 3RD CT. \) STORAGE I TEXACO II I I I I i ,17RE KINGDOM ~ 2 < - I-- CONKUN D::8 r I I I N. W. 3RD ST. ~ ~ TI T IIIII I \. r-- t- ~ ~ 0 => w III c- ~lJ[ ~ii~1 I11II1 [g) ~ Ji L-~ i z ~"."1 '- '-- ~ OR\~ - ) r--lAkE r----J I I I \1 I I N - SAFE AND SECURE STORAGE aTY OF llELRA Y &ACH. Fl PlAHNtHC "ZONlNC OEP ARTWEHT -- DICITAl SASE MAP SYSTEU -- MAP RD': UA902 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 Acreaoe: 0.99 Acres. Number of Buildinos 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 Desionation: LR-3 (Low Residential, 3 du/ac). Proposed City Land Use Desionation: TRN (Transitional). Proposed City Zonino Desionation: SAD (Special Activities District). Current Use of Property: Vacant. r~ CFN ~0070if+t'J5~8 ~G1Ft EtIi ~1 X79 P`G ~~.~0 RECORDED 03f0612007 0B:]3:46 Palm Beach County, Florida Sharon R. Bock, CLERK $ COMPTROLLER Psis 0730 - 735; {6pgs} ORDINANCE N0.4-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM COUNTY LR-3 {LOW RESIDENTIAL - 3 DUjAC}; TO TRN (TRANSITIONAL), ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENIZ.Y ZONED COUNTY CG jSE {COMMERCIAL GENERALjSPECLAL EXCEPTION) TO SPECIAL ACTIVITIES DISTRICT (SAD) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF CONKLIN DRIVE AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, :MARCH 2006"; PROVIDING A GENERAL I~;EPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHF~~EAS, Boynton Properties LLC, is the fee simple owner of a 0.99 acre parcel of land located at the southwest corner of Conklin Drive and Military Trail; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map {PLUM) designation of County LR-3 (Low Residential -3 du jac); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from County LR-3 {Low Residential -3 du jac) to TRN (Transitional); and WHEREAS, the property hereinafter described has a zoning classification of County CG jSE {Commercial General/Special Exception); and WHEREAS, at its meeting of January 23, 2006, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to 0 that the requests be denied, based upon a failure to make positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174{4}{c}, the Planning and Zoning Board, sitting as the Local Planning Agency, has detertnin.ed that the changes are not consistent with and do not further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adapts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOS, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS; Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Future Land Use Map designation of the subject property is hereby officially affixed as TRN (Transitional). Section 3. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.31$7{1){c)3. Section 4. That the Zoning District Map of the City o£ Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of Special Activities District {SAD) Zoning District for the following described property: Lots 1 through 4, inclusive, Block 2, "Rockland Park" as per the Plat thereof on file in the Office of the Clerk o£ the Circuit Court in and for Palm Beach CountlT, Florida as recorded in Plat Book 24, Page 23. Less the Following: A portion of said Lot 1, as described in the right-of-way deed recorded in Official Records Book 3362, Page 9, Palm Beach County Records. And Less the Following: A portion of said Lot 1, as described in the right-o£--way warranty deed recorded in Official Records Book 5692, Page 197$, Palm Beach County Records. Section 5. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 4 hereo£ Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD NO. 4-07 Section 7. 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 sha11 not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section $. That this ordinance shall become effective as follows: thirty-one X31} days after adoption, unless the amendment is challenged pursuant to Section 163.31$7(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 Affaixs, or the Administration Commission, fording the amendment in compliance with Section 163.31$4, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it liar 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 Affaixs, Bureau of Local Planning, 2553 Shumard Oaks Boulevard, Tallahassee, Florida 32399-2104. P D AND ADOPTED in regular session on second and final reading on this the day of , 244. ATTEST: O R City Clerk First Readin Second Reading C~ ~S V~ 3 ORD NO. 4-47 ~p A ROAD ~~ tiro / FERNDA~E w DRIVE z N NESTING W A Y GANA~ L-3 _.._.._,._ WA TKJNS MOTOR LINES PUBLIG SELF STORAGE TEXAGO l7RE KINGDOM ti,~~ ~'Nr tAafE ~y¢i`1~ _._. ___. Q .~~AKE ioA ~e~A© <[ ~ N.W. 6TH E-- ~ N_ W j d = ~: I.... Q N h ~ ~ z ~.. 111 ~' ( N w 3RD CT.I N. W. 3RD 5 (. _ ~g+ E-- ~' {1'i z /tl ~-~-- SAFE AhIQ SECURE STQRA~E aTr of oEUtxr ~xc~, ft PtJWN9YG k 20NINC OEP'xRTMENT AGYTAL dt4S£ MAP SYSTFM -- MAP REF. tM902 ANNEXATION BRIEF FOR ROBOTIC SPACE SAVERS Property Control Number: aa-42-46-14-a3-aa2-aa1 a; aa-42-46-14-a3-aa2-aa20; aa-~~-~~-~ ~-a-aa~-aa3o; aa-~~-~~-~ ~-a~-aa2-aa~a Acreage: a.ss Acres. Number of Buildings On-site: None Taxable Value: $86,82a.aa Projected Population Increase: a ©wner'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 Desi. nation: LR-3 (Low Residential, 3 du/acj. Proposed City Land Use Designation: TRN (Transitionalj. Proposed Cit Zoning Designation: SAD (Special Activities Districtj. Current Use of Property: Vacant. ~` [IT4 OF UELR114 BEAN DELRdY BEACH r ~ a a i o 'S ~~ • 0•AmericaGity ~ , , rr r c~ ~~~~ 200 ~t 3 z 0 i ..ai c~ CITY CLERK 100 N.W. 1st AVENUE + DELRAY BEACH, F~ORIDA33444 CERTIFICATION ~ , ~" ~ . r '~ -. ^,.~ ~~~~~ ! :_ _~= • 5611243-7000 I, CHE~TELLE D. NUBIN, CMC, City Clerk of the City of Delray Beach, da hereby certify that the attached document is a true and correct copy of Ordinance N©. 4-47, as the same was passed and adapted by the Delray Beach City Commission in regular session on the 6th day of February 2007. IN WITNESS WHEREOF, I have hereunto set my hand and the afliicial seal of the City of Delray Beach, Florida, on this the 27th day of February, 2007. _s cJ . , ~ ,:. 1.. ~3 ~ ,.s..... ~:, Y •... i. 4 i~ .+65~!" r t ~ ~o I t r ~ " ~ «{SEAL}~~"' ~ ` ~ - ~ ~~ ~~ '~ ...~ ~+ ~j° ~,~ ~v+ •~ J ~ ' . Printed on Recycled Paper ~~ ~ ~ Chevelle D. Nubin, CMC City Clerk Gity of Delray Beach, Florida THE EFFORT ALWAYS MATTERS FLQR.~IDA DEPARTMEI~TT Q STATE CHARLIE CRIST STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Governor Secretary of Mate Febnzary 14, 2007 Ms. Chevelle D. Nubin, CMC City Clerk City of Delray .Beach 100 N. W. 15` Avenue Delray Beach, Florida 33444 Dear Ms. Nubin: R~CEIVTC) FEB ~ 0 2007 CITY CLERK This will acknowledge receipt of your letters dated February $ and February 9, 2007 and certified copy of Ordinance Nos. 70-06, 3-07 and 4-07, annexing property into the City of Delray Beach, which were filed in this office on February 14, 2007. Sincerely, ~~ Liz Claud Program Administrator LCljru DIRECTOR'S OFFICE R.A. Gray Building + 500 South Bronough Street • Tallahassee, Florida 32399.0250 $50.245.6600 FAX: $50.245.6735 + TDD: 850.922.4085 • http:1ldlis.dos.state.tt.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 85fl.245.6b00 r FAX: $50.245.b643 850,245.bbfl0 + FAX: 850.245.6744 850.245.6700 FAX: 850.488.4$94 LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 830.488.2812 • FAX: 850.488.9879 850.245.6754 + FAX: 850.245.6795 850245.b270 : FA:{: 85fl.245.b282 ;~ ..,~ MEMC?RANDUM TO: MAYC>R AND CITY C©MMiSSIC-NERS FROM: SUBJECT: DATE: FEBRUARY 2, 2007 This ordinance is before Comrrussion for second reading and g~aci judicial hearrrtg for a Future Land Use Map amendment {small-scale} from County LR-3 {I.ow Density Residential 3 du/ac} to City TRN (Transitional) and rezoning from CGf SE {Canunercial General/Special Exception} to City zoning of SAD {Special Activities District} fora 0.99 acre property, to be known as Robotic Space Savers located at the southwest corner of Conklin Drive and Military Trail. At the first reading on January 2, 2007, the Commission passed Ordinance No. 4-07. Recommend approval of Ordinance No. 4-07 on second and final reading. S:\City C}erklAGENDA COVER MEMOS\Ordmance Agenda Memas\Ord 4-07 Reaaning for Robotic Space Savers at Conklin 1?r and Military Try 0206.07.dac QRDINANCE NO.4-07 ~R ` ,,,,,,, CITY COMM,IvSSIONQt?CUMENTATION TO: DA, V,1'~A E CITY MANAGER THRU: PAUL DORLING, A , DIRECTOR OF PLANNING AND ZONING FROM: ESTELIO BRETO, ENIOR PLANNER SUBJECT: MEETING OF JANUARY 2, 2007 FUTURE LAND USE MAP AMENDMENT FROM COUNTY LR-3 (LOW RESIDENTIAL - 3 DU/AC} 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 GONKLIN DRIVE The 0.99 acre property has a County CG/SE (Commercial GeneraVSpecial Exception} zoning designation. The property is currently vacant and the applicant is proposing to build a 3-story self storage building with associated parking and landscaping. The Property was annexed into the City of Delray Beach via Ordinance 6-06 on July 25, 2006, This Ordinance included a small scale FLUM amendment and zoning. However, the State of Florida, Department of Community Affairs has objected to this part of the Ordinance, as it was enacted prior to the adoption of the EAR {Evaluation and Appraisal Report) on October 23, 2006. To address this issue, we are re- adopting the small scale amendment and rezoning at this time. PLANNING AND ZC}NING BtJARD CONSIDERA~IC}N :: The Special Activities District (SAD) is a unique zoning district which requires submittal of a development plan concurrently with the establishment of the SAD. The LDRs allow two alternative approval processes. -fhe first requires processing of a complete site and development plan with at least preliminary engineering plans. The alternative process 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 the SPRAB Board. The applicant chase the second alternative for this application and on May 24, 2006, a site plan was reviewed and denied by the Site Plan Review and Appearance Board {SPRAB). On July 25, 2006, the City Commission approved Ordinance #5-06 annexing the subject property into the City of Delray Beach, and during this same meeting the City Commission heard the appeal for Robotic Space Savers and overturned the SPRAB denim of the Class V site pion, landscape plan, and architectural elevations. Positive findings for these actions were made by the City Commission at this meeting. A.. u~ _ , REC{3JUIMEND~D ACTION Approve on first reading Ordinance IVo. 4-07 for FLUM amendment from Gounty LR-3 {Low Residential - 3 du/ac) to City (TRN) Transitional, and rezoning from County CGISE (Commercial General/Special Exception} to City SAD (Special Activities District), based upon the findings of fact and law contained in the staff report, and findings that the request is consistent with the Comprehensive Plan and meets criteria set forth in LDR .Sections 2.4.5,(D)(5) (Reasons for Rezoning}, Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings) and 3.2.2 of the Land Development Regulations, and set a second reading date for January 16, 2007. Attachment: ^ Proposed ordinance No. 4-07 ~ , • Planning & Zoning Staff Report of January 23, 2006 y ORDINANCE N0.4-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE 1~IAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM COUNTY LR-3 (L,OW RESIDENTIAL - 3 DU JAC); TO TRN (~CRANSITIONAL}, ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED COUNTY CG/SE (COMMERCII~L GENER..ALf SPECIAL EXCEPTION) TO SPECIAL ACTIVITIES DISTRICT (SAD) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF CONKLIN DRIVE AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING 1~IAP OF DELRAY BEACH, FLORIDA, MARCH 2006"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEZ~;.EAS, Boynton Properties LLC, is the fee simple owner of a 0.99 acre parcel of land located at the southwest corner of Conklin. Drive and Military Trail; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map {PLUM) designation of County LR-3 (Low Residential -3 dujac}; and WHEII:EAS, the owner of the property xequested to change the Future Land Use Map designation fxom County LR-3 (Low Residential -3 duf ac) to TRN (Transitional}; and WHEREAS, the property hereinafter described has a zoning classification of County CG1SE {Commercial General/Special Exception}; and WHEREAS, at its meeting of January 23, 2006, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to 0 that the requests be denied, based upon a failure to make positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4}(c}, the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are nat consistent with and do 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 WHEI~:EAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF Df?,I.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Future Land Use Map designation of the subject property is hereby officially affixed as TRN (Transitional). Section 3. That the City of Delray $each elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3157{1}{c)3. Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of Special Activities District (SAD} Zoning District for the fallowing described property: 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 1975, Palm Beach County Records. Section 5, That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 4 hereof. Section 6. That all ordinances ar parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That should any section ar 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 2 ORD NO. 4-47 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 8. That this ordinance shall become effective as follows. thirty-one X31) days after adoption, unless the amendment is challenged pursuant to Section 163.318?(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, ar the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. Na 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 Comtnissian, 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, 2555 Shumard CJaks Boulevard, Tallahassee, Florida 32399-2100. PASSED AI~TD ADAPTED in regular session an second and final reading on this the day of , 200_. A'I']~ST City Clerk First Reading Second Reading MAYQR 3 CJRI? N{~, 4-07 _, PLANNING AND ZONING BOARD C!T'Y OF DEL~;AY BEACH ---5°fAFF REPORT'--- MEETING DAVE: January 23, 2006 AGENDA ITEM: Ills . ITEM; Future Land Use Map {PLUM) Amendment from LR-3 {Low Residential - 3 unitslacre Palm Beach. County} to TRN ,{Transitional} and rezoning from CG1SE {Commercial General ISpecial Exception} to SAD {Special Activities, District} ~fcir., a 0,99 acres parcel located on_the southwest corner of Military Trail and. Conklin Drive. G A' K E t d A R o A d LAKE ; It~A ROAD TAL PLACE - GENERAL DATA:.. t N.W. sTM ~r 4wnerlApplicant ..............:......... Adele:. Tartza:;~ Agen# ..................................... ... 1Neiner~& Aronson,'RA. Location ...................................:.. Southwest coi•r2er of 11/li'litary and Conklin Drive. Property Size..:....:,..:: .:..::::..::.. t3:99 Acres :.. . Existing County Future Land Use Map Designation ........................ t-R-3-$ {Low Residential - 3 units/acre) 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 ............................. TRN {Transitional} ' CG/SE {Commercial General Special Exception) SAD (Special Activities District) Automotive Commercial (AC) Residential Medium Density (RM) Multiple Family Residential -_ Low Density {t_D} Palm Beach County Agricultural .Residential {AR} Vacant Safe and Secure self storage facility 12"' water main located along MiG#ary Trail, and also via an existing $" main located On the east side of the subject property. Sewer service is available via COnneCtiOn t0 a $" Sewer main located alang~Military Trail, and also via an existing $" sewer main located on the east side of the Sub~eCt. .1 J .w s a:. f..r---r---. , ' r ~.-32 .~ WA trtrars ~ "c , MOTOR LINES -" ~. w ~uatrc ~ , , SELF STORAGE JE'XACO , 7jRE lftNGDObf ' ~X7RA GLOSE7 STORAGE ~~ x PosT -~,-at-'"~- ._--- 3T SNOPPES 2y h~ ~~z O£tRA Y ~r,~rt s E ~- oFFrGE 0 ~ EtOYS FARMERS MARKET -~ .,, I fEM BEF~}RT.WE BQARD?'`~_~ ;..~~~ ~,; ~_ ~_ ~ ~ .~_ ~ , _... ~~~ ~ _- -- ,~ ~ ~ ~~ - r -~. The action before the Beard is that of making a recommendation to the City Commission on a privately sponsored Voluntary Annexation,' Small Scale Future Land Use Map {Ft~UM}~ Amendment from LR=3 (Law Residential - 3 units/acre Palm Beach Gounty} to TRN (Transitional) and rezoning from CG%SE {Commercial Genera! 1Special Exception} to SAD (Special Activities District} fora 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, :PLUM amendments and Rezonings of any .property within the City. ,~ ~ . BACKGROUNb%PROJECT D~ESCRIPTIO~J, - ' ` .~`u ~ 4 The subject property is 0.99 acres located on the south side of Conklin Drive and 'to the south of.Tire Kirtgdam with ,frontage an 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 cortta~rnng single family homes located along Conklin:~Dnve;,-and to-the east{across Military Trail} by the High faint of Delray `fast Condo development. The subject property is currently uacant and the applicant is .proposing to build a 3-story... self storage .,building .with, associated; parking a,i~d 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. 89=~36 .which modified the zoning from. AG (Agricultural District} to CS ,(Specialized Commercial [7isfrictj' far the four {4`} lots: Resalutiori Nci. 80837` approved on June 24, '1980 by the Board of County Commissioners aflawed the construction of. a funeral hams on the property with certain conditions including right-©f-way dedications, landscaping anti a .contribution fora ,signal. This; development was nearer `constructed. ` ~ ' ~... -.. , "I"he~ subject properly contiriiies~ to~ be under the jurisd~ctior af` Palm Beach County ;but ~s 'in a designated arinexat~on area for the City. of Delray Beach The City has°an Adv~so,rjr land;use designation of MD {Medium Density 12esidentia~} an .the property that` allows far .residential development with a'density betweenfive and twelve units per acre. The applicant:is seeking. City W°ater-and' is contiguous to the City ~'rmits to the east and_ north; The Commission.policy'is, that properties`that`are contiguous and request City services must annex into the Cif}r.to receive these services: An application is now before the Board regarding a Voluntary .Annexation,'FLtJM Amendment from County LR-3 to City GC, and a Rezoning from GG1SE to SAD. The, Analysis will first include analysis o#tt,e Future.Land'Use: . ~~ _ ~. `~` ~~`~zr ~' `~~;FUTURE`°LAND~USE~MA~P;;AME=NDMENT ANALYSIS :'~ ,~~ ~ ~~ ~~ Current Land Use' Designation; The current County (and use map designation-for the.property is County" LR=~., {Lorry `Residential -- 3 d~afac}. The current City -Advisory designation . is .Md. {Medium Density Residential}. Requested ~ancJ Use Designation: The requested Future Land .Use Designation is to City TRN (Transitional}. , Planning and Zoning Board ~ .F Repc Meeting of 01/23/06 Robotic Space Savers -, Ann~._..cian, FLt1M, and Rezoning Page 2 Florida Statutes '163.3187 - Srna11 Scale Land Use Map Arnend#nents: 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 devebpment activities may fie 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 concurreney exception areas, or 60 acres annually in areas lying outside the designated areas; and, - •... • Th'e °.proposedl :,ari~endment does not involve the,' same'' property; ar 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 ttse; the residentiaFland 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 objectives of the local government's change to the Future Lana. Use .Map and,' involve a" fext ,change ' to _.fte goals, policies, ;and . comprehensive plan, but:'only proposes a land `-use for asite-specific small scale-development, activity; • The, property that 'is the subject flf a proposed amendment is not .loca~~d, within an. area of critical state concern.. ~ , ,. ' ~- . The Future Land Use Map- amendment involves ~ a f}.99 .acre. area, thus the tofal area -s .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. pthe,rsmall-scalp amendment processed this yrear, outside the designated. areas;, will not exceed; 60 acres .For the 2006: year 0.,0 acres, Kaye been subject fo tine small scale amendrnen`t process and this 0:..99._ acres:. will ; make. a itotal cif `0 99 'acres. This property has .not .previously been -considered for. a land ;lase.: amendment nor has. the same property owner's properties been granted a land use change. within 200' feet, witiiri the last year: The amendment does .not: ;involve .a text change.yto. the Compretl`ensive Plan and it is not`loeated within an area of critical state concem,. 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 '! 63:3187 {6}{a}, no amendments may be .made to the, Comprehensive . Flan after the date established by the State (January 1, 2006} unless it {ttte City} has submitted its Evaluatpn and. Appraisal Repot 4(EAR}..:To date the City., has: not .submitted Its EAFt report: and::'does not ant~cipate~`subrnitting 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 cdh submit pursuant to F. . '163.3187(fi}{gj amendments for.up to :one:}rear:.befflre . 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 goforward with a possible recommendation. The proposed amendment to Transitional {TRN} appears to be Planning and Zoning Board Sta .epo ;Ieeting of 01123!46 ~~ 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 Citit and County Land Use Designators: The proposed 'City Advisory Viand llse'Map Designation "for th'e" property is MD {Medium Density Residentialj. The existing County Future. Land:. Use Map Designation fo'r the property is LR-3 {Low Residential - 3 dutac}. The City's MD Land Use Designation is consistent with the County's LR- 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:eurrent City Advisory Land Use designation MD nor the County's current :designation. cif LR-3. =The Transitional land use designation does allows the establishment of uses which"-"are compatible with adjacent residential uses`° i.e.' residential; i~ses..;however,. these can more appropriately =be :abcommodated ~ kay' applying" the advlsory.designation of MD.. The proposed land use designation TRN {Transitional}, would allt~w` uses :that .ace not consistent with: they prevailing residential development pattern Ito the; scauth, east;, and. west of, the-: subject :property:. The; proposed- 4-s,tflry self storage- builciirig 'proposed under, the SAQ~ ordinance is not .an.:appropriate use `and is. alsor~.ineonsisterit-~ with"the Cit}r 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. "t"he zoning designations which would. accommodate 'the proposed self, storage:use. would be ;indus.trial.°designations-such as Ll {Light; Indust[ial), grad -MiG, -{Mixed ,industrial .and. Commercial} ":and: limited :.GG :(General CornmerciaL}. 'Given this site locations and existing development :patternland use designations' of which wci.uld allow commercial nor industrial deuelopment would be clearly~inappropriate; r Adiacert Land Use; Map, Designations, Zoning. Designations ,and. Land .Uses:: ' ~ '~ ~. ,, ,,., ,. The following, zoning designations:and uses abut.~the. subject. property:.. Zonin Desi nation Use North: Automotive Commercial {AC} Tire Kingdom Auto Repair Facility Sacrfh: Multiple Family Residential -Low Density Sierra Vista Multiple Family Subdivision LD East: Residential Medium Density {RM} High Point of Delray East {Condo Development} West: -Palm Beach County Agricultural Residential Rockland Park Single Family AR Subdivision . Alon 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 .° ,f Reps fleeting of t)1l23/Oti Robotic Space Savers - Annt~...tian, Pti.UM, and Rezoning ' Page 4 Soufh: 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 develflped and -contains a multiple family subdivision Known .as Sierra Vista, Wesf: 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 Caunty 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 RIVI {Residential Medium bensity}: The property to the east is known as :High Point af. Delray East Condo development, It~ is noted,. thafi north of the subject property has: aCity -rand Use Designation of GG (Commercial General} and is zoned,~GC {General Garrmmerciai:}. The property is developed and contains an:auto-repair and ~tire installation:.facility known as: Tire Kingdom. `Fire Kingdtirr `was' established. by .Resolution No:R-8.5-394 approved on March 5, 1:985 by the` board of Count}r Commissioners: of Palm Beach° Caunty and annexed into the City with C)rdiriance' # G5=~04 approved by the City Commission at its meeting of November 16; 2004, ~ Although Tire Kitigdorri facility is -:not consistent with :the existing development pattern in the area it was given' a Citjr Land;Use>designation of General Carnmercial to;ai~aid creating a non-conforming st'rucfure that has :been:;in operation. since March 5, 1985: Given=the adjacent d.evelapment pattern`to the west and south.,the advisory-designation of MD is more:appropriate.. Therefore, a Future Latdllse Map designation of Transitional {TRN} and rezoning of Special Activities District {SAD} 'canritit be supported. Allowable Land..Uses: Under :the:.praposed SAD (Special' Activities Disfrict}` zoning designation all allowed `uses ire: establish;at.tFie time:of the=establishrrlent-af the SAD zoriing'designation. VIlhile~SAD'zcining is.. deemed consistent- with any' 1and~ use~.designation tin the Future l.arid • Use Map; the uses allowed ~:with~n.;a:,specific SAD shall be consistent'~rrvith`-the land use°catego~ry 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 iorrtpatible vi!ith:surrounding existing° d€:velapment;: and with the proposed character of the area. The Transitional land use designation is not... consistent with the proposed: industriallcamrtlercial development -proposed under-the SAD Ordinance: The Transitional land use category is not consistent with the:: MIC, LI, GC zoning districts which currentljr allow self storage uses, Furthei-, the proposed use is not consistent with the adjacenf development pattem 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 far projects which are not otherwise classified ar 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 Cammerc~; Industrial or General Commercial and zoning of Mixed Industrial and Commercial ar 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 S#= .ep Mee#ing of 01f23lU6 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 fndi'ngs "must be made' in a form which is-..part of'the c~fficiai -record. `This niay be achieved`~through information on the application; wriften'` material's `submitted by the applicant, the staff report, or minutes. Findings-shall tie' made bytlie Eiody which has the .authority,to approve or deny the development application. ,These findings relate to the.'Future Land,USe Map i<~LUM}, Goncurrency, Comprehensive .Plan. Consistency; and Compliance with the Land Development Regulations .- O Future Land Use Mali: The~.resulting use`of land or `structuires moat ~e allovfred in~the zoning district`within which the land is situated a'nd said zoning must be consistent with the appliealile `land use designation as shown; .on the Fntyre Land Uso `It~lap: ..: .:. Pursuant,to..l~and Development Regulations.hSection 3.1:1 `~A~-~Futuce Land 'Use: Map}, all land :uses .and resulting structures must be, .allowed :in.the zoning district;within virhich the ;;; land is situated, a~d,said-.zoning must'be;consistent withthe:land use designation=aspshown =~~an the. F~rture Land .Use Map.. .. , . . , ... .: _. ~ .. _ . .. .x . _~ . . While the SAC? zoning may ~be consistent with the proposed land use designation the ,resulting, uses are:to be compatible. with~surrounding existing;deuelopiment and character of ttie area The.resuiting uses area not consistent with the. adjacent develvpm~nt pattern; to the south, east,~~ andwest of the; subject ,property, ~ nor;.ahe..resdential:~ ehe'racter' of> the. area. used on the above,,ptisitive .fndings.cannot be msde ~-rith respect.to; FLUM'cansisteracy~ [~' Concurrency Developrriant at the ~ highest in~ensEty possible under ;the requested .. , . ,.. `des~griatton;; can, meet the adoj~ted ccincurrency standards The proposal involves amending. the FLUM designation from LR 3 to`Tf~~l' {Trarisit~orial) an a site, approximately ,0.99 of an acre. The proposed FLUM Amendraaent taaccommod~te a sforage facility will ~esutt in° ari increase rn some rrimpacts on adopted concurrer~cy sFandatds. °~Ccinccirr`er7c}r findings nth. tespecf to~Parks~and Recreation, Schools; Solid'Waste, Traffic; . • ... _ , Water and Sewer are discussed below: . Solid lNas#e: The proposed 4-story building., with 70,2001 square ,feet of self storage .floor area generates 23:99 tans of solid waste, per year,(70,2.00 sq:ff x x.2:12,000 ~bs . = 365,x040 =1bs or 132 52' tons}: This amount of s©lid waste can 6e acconmadated by. existing facilities :: , '`and "thus; wi~l`not have a significanC impact on_this level of :service. standard... ,The .Solid `Waste Authority has indicated .that., :its facilities ' Have suffc'ient capacity. to ,hani~le j all 'development proposals aril existing facilities till .the.year 2024: Water. Municipal water service is, available via.,,connection to a 12~ water main .,located `along'IVIiHtary Trail,'and also via an existing 8" main looted an the east side of:tfe soli}ect property. Pursuant to the Comprehensive Plan,n 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 Baard'' .f Repc .Meeting of 01/23JQfi Robotic Space Savers - Anne..ation, pLUM, and Rezoning Page 6 D 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 Policy A-'f.?..Amendmertts to the .FLUM-must be ;based :upon, the findings listed below, and must;be supported by. data and analysis that .demonstrate compliance wifh these findirrgsf , Demonstrated Need -- That"thereis a need for the requested land use. The need rt~ust be based upon circumstances such a$ shifts~in demographic trends,`cha•nges in'"the, availability of land, changes in the'existing character arid'FLUM desig'natioris of'ttie surrounding area, fulfillment of a, comprehensive .plan objective or policy; annexation • into the, municipal. ,boundaries., or stmila,r,.circumstances~-, The ,.need ;_must< be ... ., . supported by data..and analysis, verifying,,~the~;changing demggrapltics; or.~:other . circumstances. This requirement shall not apply to requests for the FLUM designations..of.Conservatiort.or. Recreation and Open Space, nor-shall it° apply to FLUM charges .associated with annexations when the. City's' Advisory 'FLUM ,~ ~:designation.is~ being "applied; orwlaerr the`~requested designation `is of a similar intensity to the Advisory designation. However, they ti`ndirgs-de`scrib'ed "in the remainder of this policy must be addressed with alt FLUM amendments. No: data and analysis has been' pcovidedr ~b}y the applicant to support this' amendment. >Therefore a =positive'=finding cannot `"be'made-"Whsle` the applicant may assert that the =proposed .Transitional designation ~is of a similar intensify as the ai~visory; ti1D this is not'the case:since the transitional designation allows office ariti.tirtiited~ criitmmercial:uses in addition to residential uses. Further. by utilizing,. the SAD ordinance process the • applicant :will-: ~nttodice'``"ind.usfriat or `comnietcial " e uses to the site 1~s .previously stated 'office: commercial and industrial uses'are `in'consistent with tle`~-reoominaritly residential character of the adjacent properties: ; .. Future~Land. Use E'/ement Obect~ye A 'f ~Prop.erty shall ~e developed; ~r~ redeveloped in a fnanner, so that .the future.. use anal rn,#ensify_ is >appropriate ;in ter~trfs of,,;soil, topographic and other applicable physical considerations, ..::s.:complirnentary- to adjacenf land uses; and fulfills remaining land use needs. :. , The ,subject property is vacant and does' not have "any, ur»que env~rorlmental characteristics ~' fFiat'would` prohibit development of the site or "require mitigation- measures TFe, stabject ~. , ~_., °property; if developed'as~"a' self storage facility will not, be eortiplimenfary:,to fl~e,.adjacent " uses located tci the 'south' and west {Sierra '1t~sta and Rockland Park .single fa.rinily subdivision along Conklin Drive}. 1"he proposed.self sEorage faclbty will ,be more%approprate in a MIC (Mixed Industrial Commercial} or Li (Light lndtasti7al) zoning Districts. 'Compatibility -The requested designation wa,l} .be corimpatib.le4,w~th'the existing .and :; .. , , .'future , : .. .. . . land uses of the surround~ng'area. .. As described previously, the TRN {Transitional} land use designation allows tfieintroduction 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 Sty ep~ Meeting. of {ii12S/06 ; Robotic Sgace Savers -Annexation, FLtlM, and Rezoning Page ? The SAD is a unique district rwhich 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 altemative 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 Soard and accompany rezoning request to the second reading request to City Ccirrymission. The applicant has chosen-.the second ,alternative for,this application: and, the fallowing is an analysis of the associated sketch plan. pursuant tci -LDR Seetic~n4.4.25 .{D) the sife piari suk~mittal for ttie subject' property shall comply with the development standards as set forth in Section 4,.3.4 of .the, LDR;s_ e~cept~,as ., .. _ ... _ :: modified by the following requirements: ` ,. ~} A 'rriinimum setback of fifteen. feet, .shall be. established around the perimeter of, the , preperty. , I/l(ithiri the front and any street side setback,..the fifteen:foot; {;15'} setback area `~` sf;all be ':a landscape, area and _no pavement shall tie ;allowed therein; :except -for e3 pedestrian wars aril driveways {or streets) which will, p,ravide access,to the.;prepert3r;ar-d which are generally perpendicular to~the abutting street. .,~2) Setbacl~s,forall.intenc~r, spaces.shall be,as set forth on;the site and dev.,elc~pment plan: •,. .. ... ,:. ~:..~ Perimeter Setbactis for SADs . . ...:Pursuant to. Section 4 4 25 D. 1 , a eminirnum setback of 15;feet shall,:be, established around ,.{ )(} , the, perlrneter.of any property:,developed, unier'fhe SAR:,designation.~,Wittiiri the,:front,and ..any side sfreet setback,.a 15 foot setback area shall;t?e;a~landscape.setback.areaand ho ~, pavement shall be,allowed therein except,fQr pedestrian ways :and:driuewa}rs which provide access, to, then property arad wi?ich ,are; ggneraHy-:perpendicular. to;..the abutt~ng:stroetr The proposed building location exceeds,; the, building :setback requirei~aents,, The. new:.building provides a 77' front, 20' side, and 25' rear setbacks. Parking. ., . _ . , . .. r The app~icant has provided sixteen {16), parking spaces wfth_ orie being, ~ fiandicap ;space, `Pursuantto LC)R Section 4.3.3{A)(2.)(c}.,.parking shag be provided at a r„ate:. of:one:(1},space. per 5,000 S.F. of building floor area devoted to self-storage and accessory managementladministration 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 custamers..to safely. park in frant;of, their: storage': uriif wifhciut impeding ~riternal circulatiori..:Based,, onsthe, proposed.site-.plan modlfica#ion. ~i: #btal' of 7~~200 S.F' cif stcirage ,and office".space„.which equafes to, a total of 14 parkin. . .. `.'required atone f 1) per. 5,000 S.F .fhe applicant has provided a total. of ~16~parking spaces. which exceeds the LDF2 requirement.. - Pursuant to 4.3.4{4)(6)(b)(6}, Along Military Trail, from the L-38 Canal northward to. the ~-30 Canal, a special landscape area shall be provided, This landscape area shall tie 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 ' f Repc Yleeting of 01723VOfi Robotic Space Savers -Annexation, Fi.UM, 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 th'e 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(,1}(4}{i}. Pursuant to 4:4.25(~E}{1 }, for the proposed Safe and Secure storage' facilit}r the ' supplemental district regulations as set forth in Article 4.6 of'the LDRs sFiall apply: Parking and loading requirements. (ncim5er of `spaces} shall tie as set forth on the site and "development plan. [Amd. Ord. 60-93' 10112193] - ;' ..` ~ ANNEXATIUN ANALYSIS - _ ,~. _' , - .';`~ ~_ {~IQrida Statues Governing 1/o~untary Annexatiains: Pursuant to the Florida Statutes 171.044 "the owner or owners of_ real; properties in, an 'unincorporated area rife the bounty, tvi+hicli is cnntguoas to a ~municipalit}r and reasonably compact may petition the governing body of-said' m~uriicipality that saidprt~perty be~~nri~xed to the ri~tunicipality" 'Pursuant to~F. S. 171.044`'(5} ~landshall not be annexed'throug~'voluntary. annexation when such annexation 'r'esults in the creation of'enclaves". ''' Pursuant to F.S. 971.031 {13}, an."enclave" is {1},any unincorporated improved or developed area Th'a`t ~is enclosed =itiithin' grid tiountled by a-single; municipality and a natural o~'man rriade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. ~ ~ ' ._ .. 5 "'? . ,. , .. ., • The property' is' contiguous with the C3tjr-and reasonably compact.` These par~'Is nor;=the r-eniaining subdivision ~do ~ nofi technically meet' the `definifion of ~ari ~ enclave 'as; .they ° are •cohtig~ious to'~th'e west`with-Fiigtiph~rit'Whicli`is inder~Gountyjurisd~ction. However', while the, .-County}has not yet responded' it is 'anticipated tlat~ they will not`support tlie,annexatiorn as "=the annexation of ~this~ property~will~ regirire° that' County` personnel'must:,drive` through 'the .'~ City to provide services`to~the residents of the Rockland subdivision: _ Land Development Regulations Governing Annexations: Pursuant to the Land Development Regulations 2.4.5, (C} {1 } "the owner of land may seek ;the annexation 'of ~contiguou's property, under ~is~ ovine"r`ship" putsu~nt' to Florida Statutes.`' The property owner' has voluntarily petitioned for this annexation. . ,. - CONSISTENCY WITH THE CIT1(` `S GCIMPR~HENSIVE PLAN: ' ` Designated annexation area:` ` "t'he territory 'to be' annexed is located within the designated annexatior~>~area {Area 'F}' locafed on ~th'e west'side 'ofMilitary Trail 'ncirth of..Attaritic Avenue. Annexation of the subject .territory is consistent i+vith'the Future Land; Use Element Policy 8~=3,5, which calls 'for~~annexation of elig'tble~.properties through voluntary annexations as,,-the opportunities arise, GONCURRENGY: , Provision of Services: Future' t_and Use Element 8-3.1 states .that -when ,annexation of property occurs, services are to be provided in a 'manner which is consisterif with services Planning and Zoning Board Stt .ep~ Meeting of 01123106 , Robotic Space Sauers -Annexation, FLtlM, and Rezoning Page 9 provided to other similar properties already;in-the Gity. ~Follawing is a discussion of required services. and. the manner in ,which they will be provided. . Police:.. The subject property :is currently served by'the Palm Beach County Sheriff's Office, located at: 345 South- Congress .Avenue; :which serves. the South County area, The property ; lies within Sheriff Patrol zone 4, Zone 4 is bordered by. E! Clair Road on the west; the Atlantic Ocean ,an the east, and .,Boynton Beach'-on the north ..and Atlantic Avenue to: the soath. 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 arid: 15 cars during the night; and as a consequence,. response :time is: significantly improved upon annexation. Annexation wily not require °additianal manpower sir?ce: the police currently pass the prapert}r during routine:patrdlling to~the rtarth and east.of the property. Fire. and Emergency Services: The. municipal area is. sewed by Fire Station .110 4`{Barwick f~oad and Lake Ida Road.}. With annexation, the, property will receive an improved=iesponse time from°the current 5,5 minutes .of th:e:COtanty's Fire;.Department {Fire Statian,#42 located on Hagen; Ranch Read ;close .to.the ~7urnpike) to :2:5 minutes_for.tle C~ty'S' Fire Department {Fire Station:#4.`located at.'Barwick and -Lake Iria Road..},. . Water and Sewer: City services regarding water and sewer have previously been discussed =under Future~Lar~d •tJse Analysis section'<of tFiis report... , Streets: The subject property has direct.access to Military Trarl which is.under the.junsdictiap of`~Palrn''Beach~'Cotmtjr the 7urisclictional respanstbility immediately' adjacent .to ,the, property. °chahgewith ~ annexation as `both `sides of the' street wsll b.e witjlin the;. City' limits. ;However; associated road main#ei!iartce will riot change upon annexation. • Financlal:amgacts.:. ~ ~ ~ _ .. .. ,3.._, ;. 1~ffect~cipoh Arirrexed Property:' - The following table depicts the current. assessed value and, total (County} taxes for the st~.~ject . ... E. y u ... ;, prr~pertY:. " • .•, .. ' ''-_ ~ PGN ' TAXABLE ~ ' COUNTY.A4VAL'~ - COUNTY CITY ' ~ :TOTAL -,' . D~fFFE}~ENGE t~ ., , J'. SLR. ~ ~~"`~ NUMBER, :. .` -i VALUE~20Q5. .•, , Ti~TAL'TAXES~, '.. MICL,4Gl ' _` ., L ;'.. ". r •MILLAGC . ~ _ C,(.TY,TAXES ._- z,,,~. 424614030028010 $22,650.00. X432;00 19,~Q72~5 23.7~~398 . ~,$537,.3£~ ~1Q5,38 ` 424614030020020" , $21;390.00 ... $0$,00. 19.07433 23.7.25398 . $507..49 ~ .,,.$.99.49 424614030020030 $21,39{}.{}0 $44$.00 19,07433 23.725398 $507,49 $99.49 424614030020040 . $21,390.00 $408.00 18.07433 23.725398 $507.49 $99,49 T{?TAL $86,828.00 $1,656.00 19.07395 23.725398 $2,059.84 $403.84 F For the 20(75 tax year the subject property (four parcels} had a combined assessed value of $86,820. With the change from County to City jurisdiction, the following taxes and rates will be affected: Planning and Zoning i3oard' ° Reps Meeting of 01/23!06 Robotic Space Savers -Annexation, i=LtlM, and Rezoning Page 10 ~1D-ALQREM_ '.;: ~~ TAXES.. ='COUNTY . ~~ TAXES :~~ ~~ fV1[LLAGE ~ TAX. _- ~ ' Wiiri .' .Annexation ">" CfTY,~ ~`'TAXES~ , "` C{TY~''" ~ #:LAGE ~~ FirelRescue MSTU 296A6 3.199300 i}ELETtr 0.00 0.00 Pains Beach:County Lib. 49.07 0.540000 ' DELE`t'E` 0.00 0,00 Paiiri Beach Co.Lib,E}ebt : ' • ~ 5.20 -0:040400 ~ ~ pE~ETE ~ 0:00 0.00' i=to'rida tniand Navegation ~ ,:` ' 3.33 ~ 0.038500 n. `~ 3:33 0;469640 Health Gare.Disfrict;. 93;76 1.099969 °. 93:76 1.099969 Children Service Counci{ 59.79 0:300201: ° ~ 59.79 ' 0.300201' i?aIm Beach County 361:36 4:5000.00 420,73 4.5{}0{}00 -Palm Beach;Courtty bebt. , ~ 23,38. :.. :0;267698 : • 23.38 '. 0.267696 Public Schools Debt Sere. 1$,28. 0:274000 '19.28 0:274000 Public Schools.Loc.Board, 230,42 : 2:591990 - 230:42 ;. `2.59199{! i'ublic Schools State Law 454.07 4,900000 454.07 4.900000 si=u+rrsi~ i?istrict 51.83 o,saooao ., ~ ~:51~83 -... 051;ooao SFWMR: Everglades Const 8.69 ~0.81.1900 ~ : .. 869 0:811900 .City of<Deiray Beach 7:466100 Added .(City} $.648,21, 7.466100 Gity.of..Deiray Beach Debt , . ., ,.,: 0:533900 Ached (City.) ~ $46:35 ,; 0,533900 . ~..~.;,._...,.SIiB TQTAL $1.:656 ,,. 1,~8°073958: Di3ferenc~°. !$2;!)59:84, _ ~ ~23.725~~8', - 4;22!)30; . 1,,. , * Total fax mileage in the county is 19,0739 mills whiie..in the city,the, total mileage is 237253 m~(is.: Therefore tf)e ditference is 4.2203 mills. ,; 1`te ctarrent dearly ad`,valorem taxes"are' $1656 With annexa#itin the }ready ad valorem taxes will' ~e $2,05::84', {'1656~-~08 84-2,059 84}, a tax difference. of $403.84: In addition to ~. , .. , pi~ti~erty taxes, the following- Non Ad ~Val4rerr fiscal responsibility will apply ,,, , . , - .:,;, ..: : i Delray Beach Storm Water Utility -- This assessment is based upon, the percentage ,of 'impervious area of the buildings, parking areas, etc. A 25°/p discount from tt~e "assessmerif~is. available since the property is within the fake Worth Drainage ;District. An.addtional 25°/:axis also available as drainage is retained on site. . . Sril'td" Waste' Authority =The Military 'frail annexation areas are serviced tinder a. -new contract by Waste Management (pursuant to a contract awarded Qctober 1, 2003}. City's contract is currently through-Wastev.lVtanagement Pursuant to""Florida Statute 1'71:062:(4) (a} tf ~" party has`an..exclusivefranchise which is in `effect,.for at least six months. prior to the intEiabon cif ari.annezatiora, ttie~afranehise may coi-tnue,tr~ provide such services ta.the annexed area for-dive years or the `rernairicSer.of the franchise term whichever is shorter" As_ the°.vrraste . ~ <~ ~ ; . provider is currently-the. same this' aririexatii~n will ha"ve na impact: ~ , Resulting Impacts to the Property Owner: -~ ~ ~ Planning and Zoning Board Sf~ epc Reefing of. 01!23!06 , 4 Robofic Space Savers -Annexation, FLUM, and Rezoning Page 11 x 3 S~MMARY''OF 1111~P,~CTS ON:THE';SUB IECT PROPERTY , FINANCIAL GONSIDERATIOhJS AD VALOREM TAXES 2006 + $403.#34 Ciry Mills: _ ' County Mills 23.7254 ` ~ - 1"x.07395 - 4.2243 NON A[)'VAt:©12E1111 TAXES 2045 Stormwater Assessment {When, proposed project is built} $37$.39 Solid Waste Collection hen'' ro osed` ro'ect is kiuilt - :- $299.62 WAFER >~K SBWER~ UTILITY FEES: ' ~. $x.04 ANNt1AL FINANCIAL IMP,AC7".: .~ . ~ + `$1,481.85 ' _ :~-SERVICE COtVSfDERAT10tJS °;r Fice:,Response... ± . , Faster response:from an estima~cd 6;5 .: . minutes Goun } to 2.5 minutes- (Ci }, . Emergency Medical + Faster response from an estimated 5.5 Services EMS minutes Goon, to 2..5 minutes Gi Police ~ Better respinise based~upori more officers in field, 14, patrol!; cars per sMft daytime„ . 1,5 patrol! cars. inuring ttie night ...:. ,.. Code=.Enfarcemenf + Pro-active vs reactive opportunity to work w-tli pro' a ,owriei•s,. f .. ,,,r; . ,. Fiscal Impacts to the Clty: At the 2003!20.04 City operating milage of 7.4661 mills and debt cater ,.. , ; of 0.5339 `..mills, the ~ `ro 'erf' -will enerat6 a : , r P . P Y 9; .~ Pp oximately X403 84 in new ad valorem taxes:.per. ~`e~r. ~Atlditional~revenues viii!! be reelized thriiugh`increased assessment value;~theannual` `~collect~ori~`"of 'the stiarm water assessrnent fey as well as utility taxes (;9;5°l0 electric,':~fi°la. ' telephc~rie} arid, franchise fees can electric,'telept~one,.anc~ cable. ~; FISCAL''lIV1PACT TO:>THC'.GITY - ' - ~~ ~ ~~ ------ t . ,. ~' ~°*.., - - = ZONING ANALYSIS :;_ - -- - ..~=. Future ':Land' .,Use Map Consister3cy, <Concurrency; Comprehensive Plait ~Consister~cy' and Compliance with the development criteria of the LDR were previously discussed Fancier the 'Future Land Use Map Amendment Anatysr"s" section of this report. Gompl"ranee with- the Land Developrrment' Regulations with respect fo Standards far`~Rezcining Actions, and Rezoning Findings are discussed below. The proposed City zoning designation is SAD (Special Activities, District} while :the current County zoning designation is CGfSE (Com'mercial 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 : :AD~VAL+DR~ry1~TAXES 20t1a~', ' ~' , . .... City of`l~elray Beach {7.4G61 IVlills) $648,21 Ci `* ofi Delra Beach bebt ~4.5~39 Mills. ~ x`$46.35 SUB-TOTAL .:r. ~;.: ... .. ~ $694;56 NON AD VALOREM TAXES Storm Water Utili (# sq.ft. of impervious area12,502} X $54j `~ $4.44 SUB TOTAL u ~ r $694:56 PARK AND RECREATION IMPACT FEE $504.. er dwellin ` $4.40 TC?TAL, ° ~ $&94:56 Planning and Zoning Board F 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 (Agr-icultural~ 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 Rezoning: Actions): Standard "A", "B", "C"., and "E" are not applicable with respect" to this rezoning request. -Standard "D" requires that. the .. rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby Land use both existirig sand proposed; or that tf 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 negafively impact the character of the area. Therefore,` the proposed Rezoning, to 'S'pecial Activities District (SAD) does meet the requirements of LDR Section 3:2:2-(D)'Stand'ards for Rezoning•Action and should be denied. - ., ;; Further-; pursuant to"4.4 25(A), the. purpose" and intent of the 5pecial-Acti'vities Distnc# ~s~.;to provide a zone district which is appropriate for protects which are not othenivise classifed ;or categorized in "other zone distracts; or, which :for some other reason,. fan ;not be properly ,. ~ , accommodated in the"other zone ctistncfs ffiis use ,is classified: and sate or-ized m the Mli/ ~9 ~ ~ . zone district LI zone District and-'certain'area~s"'of'GC (General Commercial)'zoned districf To accommodate a self storage facility under these .zone designations would require a land use category of Comrner-ce, -Industrial or General Commercial and zoning of Mixed lndustrial, Light Industrial and Commercial:- Given the predominant-residential nature,ofthe adjacent land uses those designations-would clearly be inappropriate By_ utilizing the SAD ~ordinanee: process the applicant wdl introduce these industrial and/or cornnercial; type :uses ao ,the site., As. previously stated office, commercial and industrial uses are inconsisten~Ywith the" predorninantly residential character of the adjacent properties. -- Section 2.4.5(D),(5) (Rezoning Findings): Pursuant to .Section 2.4.5 (D) (5), _Pursuant to LDR Section, 2.4.5(D) (5), in addition to provisions of Chapter,Three, the,. City Commission must make a finding'that the rezoning fulfills one of the reasons for which the rezoning, change: is being sought, 'these. reasons include~the•following: - , (a) :That the zoning had previously been changed, or was:.originally established, in =~ ~. error,• ~ , (b) That there has been a .change in circumstances. which make the current zoning , inappropriate; or (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 Sta .epa Meeting of 01123/08 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 ct~nsistent frith the prflposed land use designation TRN {Transitional), the proposed uses within the.SAG} are not of sirr-ilar intensity as allowed in the Transitional Land. Use designation which virouldz not; accommodate conventional .zoning designations which ,would accommodate a self storage. use. ' ' ~E1/lEW.BYhOTHERS ,. The .subject. properties ..are... not in an area that requires. review by the Community Redevelopment Agency {CR/~} or Downtown Development Authority {DDA}. Palm Beach County Notice: O'h. J,anuary 9, 2006 the Palm Beach, County Planning Division was notified of the.City's ntent,to_ annex #Iiis property. Lake 1North Drainage District: C}n January 18, 2006 Lake Worth Drainage C~istrict was notified of the City's. intent to. annex this ,property IPARC Notice: Or~Jan'taary 1'8, 2006, notice of'the `Future Land tJse Amendment has also been provided to the In't~~rlocal° Plan ~Arnendmen#~ -Review Comr'hittee~ {IPARC) wlieli distributes =the~'iiiformation to adjacen't,n~'unicipalities. No objections'have=been received: ~. ~i~urtes~NOtices • : Special courtesy notieeswere provided to the following homeowners and civic associations: CI PROD {E~rogressive Residents of .Delray} . . , °tJ Carolyn.: Zimmerman,: Presidents Council' : ^ Neigttborpood Advisory Council. ^ Gerald.~DeFoe . .. O Gary Lord , ^ Gary Noratsis , °O. Nancy'Monaco C1- Frances Chassen . '^ High Point Delray 1Nest.1 O High Point Delray West 2 ^ Nigh 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. Ptanriing and zoning Boars! ~ f Reps Meeting of 01!23/06 Robotic Space Savers -Annexation, FLt1M, and Rezoning Page 14 ~ ,. ~ ° ~ `ASSESSMENT~AND~CONCLUSI4N ~.' _ -.., . -. -. ; { K Accommodating the annexation of this property is consistent with the City's program for annexation of territorywithin 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 cornpatibil`rty with the surrounding>existing development, and with. the character of the-area.-The proposed ,Future Land Use des~gnatiori of Transitional {TRN) and Rezoning to Special Activities District {SAD} of the subject property•is riot GOnsistent with Policy A-1.7 and Polrcji A=2.3 of the Comprehensive Plan,, aril does'not meet the requirements of LDR Section 3.2.2(D) Standards for Rezoning. Required findings inrith respect to 3.1.1. (PLUM Consistency and Compatibility cannot be made}. Staff recommends the subject property be annexed with a Future Land Use Map designation of MD {Ivledurr'Density ~-12 dulac} 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: `~l'he property will experience a slight increase in ad valorem taxes. , , ALTERNATIVE ACT,IQNS. ~"~ k ~ ~<` . ~ = . .- > ... A. Continue with direction: ''' ° ~ . ; `. B:. Move; a recommendation, of:-approval to,the City Commission for the voluntary annexation.- FLLlM ; Amendment =from County LR-3 to- ,T,rar~~itiorial (TRN}, and: the :4initial.a zoning: designation of SAD {Special Activities District) : ft~r• .the: stabject property; ~ bye aclop`tir~g, tte_ findings of fact and law contained in the staff report, sand find'mg that the request and approval thereof is consistent with the Comprehensive Plan and meets the enteria set-f4rth in Sections 2.4.5(D) (5), 3,1.1 and 3.2.2 of the Land Development Regulations, C. Move a recommendation ofi denial to the City Commission for the voluntary annexation, PLUM Amendment from County LR-3 to T`r'ansifioil"al (TRN); and :'the • initial' .zoning • designation of SAD {Special Activities District) for the subject prapertji, by arioptrng ;the findings of fact and law contained in the staff report; and' finding that ;theregue'sf":.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.: . .. r ' RECOMMENDED ACTION - `; ,~ ,. Move a recommendation of denial to the City Commission for the voluntary annexation.,~~LUM 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.~firidings 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 specifica8y PLUM Element Policy A-1.7 and Objective A-1. Attachments: • Location Map Conceptual Site Plan and Elevation Sfaff Report Prepared by: Estelio Breto, Senior Planner , p A R O A D i ~E ~ P~ 0 o FERNDALE w DRIVE ~ . z N EST L N G W A Y Q U O J~LAKE IDA ROAD Q ~ N.W. 6TH I--- ~ CT. 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" ' > J r ^ ^ 4 ^ D ^ a ^ o,, ^ a " v ^ ^ ^ z ° u d ~ t i , 6 y C 1 i Q QXX$$ a~~ zz X i ~~1. ~, r x ~I ~ e { ~ ~ ~ ~ .:U.. ~ ' i U ~ ~ . ~ . ,~ .;o_~ ' ~ t~ .~. ~ i .3 f a ~ i ~~ iS -- ~~ . i ! 4 2.. , TW ap '. i~ ~ __ _ __ c .d -,.e v d b££4ef~ gxpld ®PPeP'O11nJ 1'4u1S 475b 7som'174J OLQI ~•~~~~ n~v~ .~da~3a • 3ntaa w-t~rio~ ct~+r ~~~'• ,~Mt~~~w ~]Il R .d,CJNfIa 'llJ~,r(JivlNNlfYl .+.l.i~i:.m~.m~v s5 ' '1.:' ~.. ~V i ~~~~. ~ ~~ ~ 6 j tt~~ ~ ~ ~ ~ ~~ ~~g~~f ~ ~ ' =1 ~~~~~~ ~~~~~ .: ~~~~. ~ ~f~~~ ~ s-~i ~~~~~ =y~•_4~ a~ ~ ~~~ ~ s ~ t a ~[ ~~ i w ~~ ~~ ,, w ~~ ~~ ~r~.. ~. ~~ ~ ~ ~~ I I ~ ~ ~ ~~ -• C---cld ~-- www,bacanews.cam • Boca RatonlDelray Beach News - FridaySaturday, January 26.27, 2007 .,..u,,.u,.«............,...» _.~...... CITY C}F DELRAY EE~-~H REZC~N~N~ ADD L.A(~D I~SE ~HAN~E The City Commission will oanduat a Public Hearing on TUESpAY,~EB- RUARY 6.2447 at 7:00 p.m. in the Commfssian Chambers at City HaEI, 100 N.W. 1st Avenue, Qelray Beach, F#orida. {ar at any caniinuation of such meeting which is set by.tfie, City Comr~issiciri},, At this,meetirrg ttie` City Commission wi#I coristder adci`pting this"smal{scale amerdment tattle Future Land use Map of the' Comprehensive Ptan and the rezoning. The tit#e of the enacting arc3inance is as to#lows: A small scale Future Land Use Map {PLUM} amendment FRAM County LR-3 {Low Density Residential 3 dulac} TA City TRN {Transitional} and rezoning FRAM CG1SE {Cammeraial Generallpecia# Exception} TA City zoning of SAD {Specie! Activities District} tar a 0,99 acre property to be known as Robotic Space Savers located at the southwest corner of Con- klin Drive and Military Trail. Q~DINANCE NA. 4-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY .BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNA- TION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM COUNTY LR-3 {LOW RESIDENTIAL _ 3 DUtAC}; TO TRN {TRANSITIONAL}, ELECT ING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED COUNTY CGlSE (COMMER- CIAL GENERALtSPECIAL EXCEPTION} TO SPECIAL ACTIVITIES D#S- TRICT {SAD} DISTR#CT; SAID LAND BEING A PARCEL OF LAND LOCAT- ED AT THE SOUTHWEST CORNER OF CONKLIN DRIVE AND M#LITARY FRAIL, AS MORE PART#CULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, MARCH 2006"; PROVID- It;i CITY +~lF Il-EL~:AY BEACH REZQI~TING Al~~ LAItiTI~ SSE ~~LA~TGE 'T'he C'tiv Commission wifl conduct a Public Hearing on TC7ESllAY..)ANTJARY 1b, Ali iY1,.uLTiIO n.m. ,in the Camntission Charitbers at City Hall, lilt} N: W. lst Avenue, C)elmy Beach, Florida (ur at any continuation of sttch meeting which is set by the City C,ummission}. At this meeting the City Crnnrnissioa will consider adapting this'smali scale amendment to .the Future Land tine Map of the Comprehensive Plan and the rezoning. The title ofthe enttctingurdinance is as follows: • A small scale Fittwz Land Use Map {FLITM} amendment FRt?M County LR-3 {Low Density Residential 3 dulac}'1'O C'iry T`R'N {Transitional} and rezoning FRf)M CG1SE (t'onunrrcial GcneraltSpecigiT, Exception} TD City zaaing of SAD (Special Aetjvities District} fur a 4.99 acre property tit tie knciwn as Robotic Space. Savers ittcated at the southwest cvrrter of Con[t[in Drive and Militttrv Trail. ORiIINANC€1wO. d-OT AN ORDiNANtwE OF `JT•i'E C['I'Y COMMISSCON OF THE CT'1"Y OF' DELRAY T3EACH, F'LORiDA, AMENDTNG'CF[E F`U'ft{RE LAND.IJSE h•TAP DE5I.GNP:C'lON AS CONTACNED CNTHE C{}MPRE}•1ENSIt?E PLAN FRtSM`COCJNTY LR-3 {LOW RESTDEblT1AL - 3 DUtAC}; TO TRN (TRANSITIONAL}, ELCC7'CNG TO PRDC[ED T~N'DER TC~CE SiNGLC 1°[[ARING' ADOP'TTON PROCESS FOR SMALL SCALE LAND [JSE FLAN AMENDMENTS; AND REZONING AND T'LACTNG LAND T'RESEN'C'LY ZONED COUNTY CG/SE (COMMERCIAL GENERALISPECTAL EXGEPI'ION} 'PO SPECIAL AC'i'[VC't7LS DISTRiC'C' (SAD} D1ST'RiCT; SACD LAND.BEING A PARCEL OF LA:'~D LfICAT'k D AI' `I"f~CE SOU'1'H- ~VES`T' CORNETt OF CONKLTCJ DRCVE AND MTLtTARY TRATL, AS '4K?RE PARTJCULARLY` DESCRIBED HEREIN; Ai4lEND1NC "ZOATING MAP t~F DELRAY BEACIi, FLZ7RiDA, MARCTT ?OQb'; PROVIDING A tiENERAL RCPEALER CLAUSE, A SAVCNG CLATJSE, AND AN EFFECTIVE TSATG. YEA \~i• . . ,t.... ._ t t . I _ ..5 . ' ~ ~ •. -- [: t f~.. r ~\ 1~._'_' ~-~ i ti~m a r ......; ~ rays .._.1, _ ..~.... ' i..``... ... L.. w ,. ,. uum ,' .... r -~-~~ ~ z~w a e .. ...~, .... r... .. - t: ~,-= ~ , ~ ,~_~~ uc All interested citizens are invited ttt attend the public hearing and comment upon the Future Land Oise hJap amendment and reaotting or submit Their comments in writing un ttr before the date of this hearing to the Planning and Zoning Department. For further irtformatian onto obtain copies ctf the propnsed amendment, please contact Jasmin Allen of the Plamting-and Zoning.Depaxnncnt, t(IQ N.W. 1st Avenue, T)clray Beach, f'lorida 33414 {email at p'rmuil[rmydelraybcarlt.cunt,), phone {SfiT}^43«70•#fl, tretwezn the Marrs of S;t~ a.m. and 5:QQ p.m, un weekdays (excluding holidays}. Please ba advised iftat if a person decides to appeal an}• decision made by tiie Ciiy Commission with respect to any matter considered nt this hearing, such per:sott xil) need a verbatim rceord of the proceedings, and for this purpose such persrnt ata}• need to ensure that a verbatim record of the praeeedings is made, which record includes the testimony and evidence opal which the appeal is hasetl. The Cit~r dttes nut provide cn pn;pare sucCt record pursuarn to P.S. 28fi.t)105, CITY OF DELRAI~"'[)EAC[C Chevetle D. Nubin, CMC Ciry Clerk PUBLISH: ,Friday, January 5, 2tN}7 T30CA RATON NEWS/DELRAY BEACH NEWS AD#NSfl C t165 C~; `a~~loCo-- ~/ /G /a~ ,~~,~~ T7 CITY CIF DELF~AY BEACH REZ{INING AND LAND USE ~HAltiT~E llte City Cammiss€nn will conduct a.lrublic 1-leering on • Sl)AY . "ti G 244? a~7:04 l~ in tFtc Commission Chanibers.at City Hell, 140 N.W. 1st Avenue, 1)e€rrty Beach, Ftorid¢ (or at any .continuation "of such meeting which is set by the City Cammiss€on). At this meeting the City-Comtnissian will consider adapting this sma€€ scan; amendment to .the !'utttre Land use Map of the Cutflprehensive Plan and the rezoning. The tii3e of the enacting ordinance is as follows; • A stuall scale Fitton; Land Use Map (E'Li IM} "¢mandtneot 7Tl20M Count}: LR-~t (Low Density Residential 3 dutac} TO C"tfy 1`RN ("Transitional} and rezoning FRl)h7 CG/SE (Commercial OenerallSpeciai. Rxceptian) TCt City zariing of 3AD (Specis€ Activities District} fora 4.99 acre protierty to be &nawn as Robotic-Space.Saven located at the southwest corner of Conklin Drivt+attd Military Trail. {)RD7NANCF NC). d-47 AN ORDINANCE C)1' '1'llli 'CITY COMMISSION OF '1'HF: CCl'Y: OF' DELRAY HEACH, FLORIDA, AMENDiNCr T'Hl=FUTURE LAND:tJS>'MAI' DIiSIGNAI'ION AS C(7NTAkN.ED I4 THE COMPR$HET,`tSiSrL^ PLAN FROM COkINTY LR-3 (GOW RLSIDENTIAL - '~ DIIlAC}; TO TRN (TRANSITIONAL),. ELECTING TO PROCEED'UNDER TIME SINGLE 1[EARSNG ADOPTI{)ItI PROCESS FOR St~4ALL SCALE LA':iD USE PLAN ~lIv1L~Y+tDMGN"fS; AND REZONING.AND PLAC~NO LAND PRESl,N'1'LY "LONIiD C:CiCFNI"P CGISE {COMiVI1/RCIAL GENERAL:tSPECIAL EXC'EI'`1'TON} "1"4 SF'EC'lAL ACI'TVI"1`lES I)1STTCiC1" (SAl)} D15'fR1GT; SAtD-LAND IIEINC3 A'1?ARC.EI:, Ott LAND L{7CAfFD AT" TTiE SOU'1'H- \VFS'f CORNER OF CONKI,T:N DRIVE AND M7LITAIZY TRAIL, AS MORE. PARTICULARLY DGSCRIaEp IIEf2EIN; AMENDINt"i "ZONING IUTAP t)'F DSLRAY .DEACII, FLORIDA, MARCId 2446"; PROVIL}ING A {iENGRAL REPEALER dLAIJSE, A~SA~ING CLATJSE; AND AN EFFECTIVE I?AT. I' ~.i s:.. ~. . .. w. _ -- ~ .a' ~~~ _ .~ ...t .~. "', .. 7 I_~ ~ ; :. ~° _. '~' ~~ ~ ~- >~ ~ `\,--~- r urAax f. z . ... :........... '.... i-. ~ i a.ti ..i........7. ,era All iiuerested citizens at`e invited to attend'ihe public hear€ng and comment upon ttae Future Land Case Ivlap ameniltnent and rezan€ng a° submit Cheir eomntents in writing au or €x:forc the daft of'this,hearing to the:Planuing andGoniitg I~epatiment. I~'or'flttther infoi7natinn or to obtain copies of the proposed amendment, please eontaet.Tasmin Allen of the Planning and 7.oning 13eparttnen(, I ti0 N.W. I'si Avenue, Delray Reach, Plaricia 33~Ma (email at piinail(~emydeltuybeach.com}, phont (561}243-70~I0, between the Sours of $:4Q a,m. and a:40 p.m, un weekdays (excluding holidays}. P1easc; be advised thatif a Parson decades to appeal any decision made b}` ETte City Cammisaian with respect to an}' matter considered at this hearing, such person w€Il need a verbatim record of the Praceedutgs, atxl for this purpose such person may need to ensure that a verbatim. record of Ore proceedings is made, which record includes the testimony and evidence npcm which tFie appeal is Based. The City does not provide or prepare such record pursuant to. f.S. 286.Q105. CITY OF DELRAY Bt3ACFt CheveEle D. Nuhin, GMC City C~~: PkIpL€SI-}: Friday,January S, 2447 A BATON NEWSiDELRAY BEACH NEWS ADnNS410G5 Chi ~GU~eLc~2J ~(~C~ ll~~P/6~