Ord 71-06
ORDINANCE NO. 71-06
AN ORDINANCE OF THE CI1Y COMMISSION OF THE CI1Y OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED I (INDUSTRIAL) DISTRICT IN PART AND OS
(OPEN SPACE) DISTRICT IN PART TO MIC (MIXED INDUSTRIAL
AND COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL
LOCATED NORTH OF THE OLD TRAIN STATION, BETWEEN
THE CSX RAILROAD AND 1-95, 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, the property hereinafter described is shown on the Zoning District Map of the
City of Dekay Beach, Florida, dated March 2006, as being zoned I (Industrial) District in part and OS
(Open Space) District in part; and
WHEREAS, at its meeting of July 17, 2006, the Planning and Zoning Board for the City of
Dekay Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to
recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and further
the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Dekay Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Dekay Beach finds the ordinance is consistent
with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Dekay Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE CI1Y
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same
is hereby amended to reflect a zoning classification of MIC (Mixed Industrial and Commercial) District
for the parcel described in the attached Exhibit "A".
('
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date
of this ordinance, amend the Zoning Map of the City of Dekay Beach, Florida, to conform with the
provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon the effective date of
Ordinance No 38-06, under which official land use designation of CMR (Commerce) is affixed to the
subject parcel hereinabove described.
~.fED AND ADOPTED in regular session on second and final reading on rills the 6:lo~
day of ~A....J ,2007.
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ATTEST:
~~S). ~~.~
City Clerk
First Reading ~\ \t\ (J,
Second Reading ~\ ~D \ OJ
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2
ORD NO. 71-06
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EXHffiIT "A"
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY
BEACH, LYING IN PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE NORTH 89009" 21" WEST
ALONG THE NORTH LINE OF SAID SECTION 18, A DISTANCE OF 251.13 FEET; THENCE SOUTH 140 51'
25" WEST ALONG THE EAST RIGHT OF WAY LINE OF THE CSX RAILROAD, A DISTANCE OF 143.88
FEET, TO A POINT ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 600.00 FEET AND A
DELTA ANGLE OF 16032' 07"; RADIAL BEARING THROUGH SAID POINT BEARS SOUTH 12000' 53.1"
EAST; THENCE EASTERLY, AN ARC DISTANCE OF 173.13 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE ALONG SAID CURVE HAVING A RADIUS OF 599.95 FEET AND A DELTA ANGLE OF
4012' 45", AN ARC DISTANCE OF 44.11 FEET TO A POINT ON A CURVE CONCAVE EASTERLY HAVING
A RADIUS OF 3,969.72 FEET AND A DELTA ANGLE OF 60 37' 59"; RADIAL BEARING THROUGH SAID
POINT BEARS SOUTH 08043' 52.3" WEST; THENCE SOUTHERLY AN ARC DISTANCE OF 459.56 FEET;
THENCE SOUTH 070 04' 36.3" EAST A DISTANCE OF 100.38 FEET; THENCE SOUTH 03040' 40" EAST A
DISTANCE OF 516.72 FEET TO A POINT ON A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF
1,063.92 FEET AND A DELTA ANGLE OF 80 37' 52"; THENCE SOUTHERLY AN ARC DISTANCE OF 160.27
FEET; THENCE NORTH 890 17' 11" WEST, A DISTANCE OF 122.21 FEET; THENCE NORTH 00018' 11.4"
WEST A DISTANCE OF 25.70 FEET; THENCE NORTH 280 55' 30.8" EAST A DISTANCE OF 160.64 FEET;
THENCE NORTH 040 00'44.1" WEST, A DISTANCE OF 219.69 FEET; THENCE NORTH 04005' 58.8" WEST, A
DISTANCE OF 466.94 FEET TO THE POINT OF BEGINNING; CONTAINING 61,851.00 SQUARE FEET
MORE OR LESS.
TOGETHER WITH:
A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY
BEACH, LYING IN PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRmED AS
FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE NORTH 89009" 21" WEST
ALONG THE NORTH LINE OF SAID SECTION 18, A DISTANCE OF 251.13 FEET; THENCE SOUTH 140 51'
25" WEST ALONG THE EAST RIGHT OF WAY LINE OF THE CSX RAILROAD, A DISTANCE OF 143.88
FEET, TO THE POINT OF BEGINNING SAID POINT BEING ON A CURVE CONCA VE SOUTHERLY
HAVING A RADIUS OF 600.00 FEET AND A DELTA ANGLE OF 16032' 07"; RADIAL BEARING THROUGH
SAID POINT BEARS NORTH 12000' 53.1" WEST; THENCE EASTERLY, AN ARC DISTANCE OF 173.13
FEET; THENCE SOUTH 040 20' 12.9" EAST A DISTANCE OF 466.94 FEET; THENCE SOUTH 040 05' 58.8"
EAST, A DISTANCE OF 386.85 FEET; THENCE SOUTH 040 00' 44.1" EAST, A DISTANCE OF 219.69 FEET;
THENCE SOUTH 280 55'30.8" WEST, A DISTANCE OF 160.64 FEET; THENCE NORTH 890 33'47.6" WEST, A
DISTANCE OF 76.63 FEET; THENCE SOUTH 310 28' 40" WEST, A DISTANCE OF 11.68 FEET; THENCE
NORTH 890 33' 34.6" WEST, A DISTANCE OF 254.25 FEET; THENCE NORTH 000 29' 43.6" WEST, A
DISTANCE OF 288.96 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY, HAVING
A RADIUS OF 2815.00 FEET AND A DELTA ANGLE OF 070 23' 45"; THENCE NORTHERLY ALONG SAID
CURVE, AN ARC DISTANCE OF 363.36 FEET; THENCE CONTINUE ALONG SAID CURVE CONCAVE
3
ORD NO. 71-06
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EASTERLY AN ARC DISTANCE OF 23.72 FEET; THENCE SOUTH 88046'29.6" EAST, A DISTANCE OF 2.20
FEET; THENCE NORTH 14051' 25.0" EAST, A DISTANCE OF 407.26 FEET; THENCE CONTINUE NORTH
14051' 25.0" EAST, A DISTANCE OF 143.53 FEET TO THE POINT OF BEGINNING; CONTAINING 404,316
SQUARE FEET MORE OR LESS.
4
ORDNO.71-06
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Boca RatonlDelray Beach News - Friday.Saturday, February 9-10, 200} . www.bocanews.com
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100
ANNOUNCEMENTS
10] Lpga] ~oti('e~
CITY OF DELRAY BEACH,FlORIDA
NOTICE OF PUBUC HEARING
A PUBLIC HEARING will be held on
the following proposed ordinances at
7:00 p.m. on TUESDAY. FEBRUARY
20, 2007 or at any continuation of
such meeting which is set by the
Commission), in the City Commission
Chambers, 100 N.W. 1st Avenue, Del-
ray Beach, Florida, at which time the
City Commission will consider their
adoption. The proposed ordinances
may be inspected at the Office 01 the
City Clark at City Hall, 100 N.W. 1st
Avenue. Delray Beach, Florida, be.
tween the hours of 8:00 a.m. and 5:00
p.m., Monday through Friday, except
holidays. All interested parties are in-
vited to anend and be heard with re.
spect to the proposed ordinances.
ORDINANCE NO. 2'()7
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH. FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULA.
TlONS OF CODE OF ORDINANCES,
BY AMENDING SECTION 4.7.9,
"GENERAL PROVISIONS", TO CLAR-
IFY THE TYPE AND NUMBER OF
CERTAIN UNITS ALLOWED; PRO.
VIDING A SAVING CLAUSE, A GEN-
ERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
ORDtNANCE NO. 71-06
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY
ZONED I (INDUSTRIAL) DISTRICT IN
PART AND OS (OPEN SPACE) DIS-
TRICT IN PART TO MiC (MIXED IN.
DUSTRIAL AND COMMERCIAL) DIS.
TRICT; SAID LAND BEING A PAR-
CEL LOCATED NORTH OF THE OLD
TRAIN STATION, BETWEEN THE
CSX RAILROAD AND 1-95, AS MORE
PARTICULARLY DESCRiBED HERE-
IN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA. MARCH
2006"; PROVIDING A GENERAL RE-
PEALER CLAUSE, A SAVING
CLAUSE. AND AN EFFECTIVE
DATE.
Please be advised that if a person de-
cides to appeal any decision made by
the City Commission with respecl to
any matter considered at these hear-
ings, such person may need 10 ensure
thai a verbatim record includas the
testimony and evidence upon which
the appear is to be based. The City
does not provide nor prepare such
record. Pursuant to ES. 286.0105.
CITY OF DELRA Y BEACH
COOl/elle D. Nubin, CMC
City Clerk
Publish: Fn. February 9. 2007
Boca AatonlOelray Beach News
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CITY MANAGER tfJv1
AGENDA ITEM # \ 0 .g - REGULAR MEETING OF FEBRUARY 20,2007
ORDINANCE NO. 71-06
TO:
SUBJECT:
DATE:
FEBRUARY 16, 2007
This ordinance is before Commission for second reading and quasi-judicial hearing for a privately
initiated rezoning from I (Industrial) in part and OS (Open Space) in part to MIC (Mixed Industrial
and Commercial) for a 10.7 acre property located along Depot Road north of the Old Train Station,
between the CSX Railroad and 1-95.
The subject property is located along Depot Road, north of the Old Train Station, between the CSX
Railroad and 1-95 and contains 10.7 acres. The property has never been developed and is currently
vacant. This application was accompanied by a FLUM amendment from IND (Industrial) to CMR
(Commerce) as part of Comprehensive Plan Amendment 2007-1. These applications have been
submitted to accommodate a development proposal which will include 52,284 square feet of office
area, 49,600 square feet of warehouse, and 300 multifamily/rental apartments units with 25% of the
units being Workforce Housing. While residential development is not currently allowed within the
Industrial Zoning District or the proposed Mixed Industrial and Commercial (MIC) zoning district,
the applicant has requested that the residential component be allowed via the creation of a new
overlay district on this site. Additional background and an analysis of the request are found in the
attached Planning and Zoning Board Staff Report.
On July 17, 2006, the Planning and Zoning Board held a public hearing in conjunction with the
request. There was no public testimony. The Board voted 6 to 0 to recommend that the request be
approved. Staff recommends approval based upon the findings of fact and law contained in the staff
report, and fInding that the request is consistent with the Goals, Objectives and Policies of the
Comprehensive Plan and does meet the criteria set forth in LDR Section 2.4.5.(D)(5) (Rezoning
Findings), LDR Section 3.1.1 (Required Findings), and LDR Section 3.2.2 (Standards for Rezoning
Actions).
At the fIrst reading on February 6, 2007, the Commission passed Ordinance No. 71-06.
Recommend approval of Ordinance No. 71-06 on second and fInal reading.
S:\City Oerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 71-06 Rezoning from I to MIC Depot Road 2nd Reading 02.20.07.doc
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FROM:
DAf..a::r N,
PAU~J~G' ~ IRECTOR OF PLANNING AND ZONING
EST~ BRETO, SENIOR PLANNER
MEETING OF FEBRUARY 6, 2007
PRIVATELY INITIATED REZONING FROM I (INDUSTRIAL) IN PART AND OS
(OPEN SPACE) IN PART TO MIC (MIXED INDUSTRIAL AND COMMERCIAL) FOR
AN 10.7 ACRES PROPERTY LOCATED ALONG DEPOT ROAD, NORTH OF THE
OLD TRAIN STATION. BETWEEN THE CSX RAILROAD AND 1-95.
TO:
THRU:
SUBJECT:
The subject property is located along Depot Road, north of the Old Train Station, between the CSX
Railroad and 1-95 and contains 10.7 acres. The property has never been developed and is currently
vacant. This application is accompanied by a FLUM amendment from INO (Industrial) to CMR
(Commerce) as part of 2007-1 being considered concurrently by the City Commission. These
applications have been submitted to accommodate a development proposal which will include
52,284 square feet of office area, 49,600 square feet of warehouse, and 300 multifamily/rental
apartments units with 25% of the units being Workforce Housing. While residential development is
not currently allowed within the Industrial Zoning District or the proposed Mixed Industrial and
Commercial (MIC) zoning district, the applicant has requested that the residential component be
allowed via the creation of a new overlay district on this site. Additional background and an analysis
of the request are found in the attached Planning and Zoning Board Staff Report.
At its meeting of July 17, 2006, the Planning and Zoning Board held a public hearing in conjunction
with the request. There was no public testimony. After reviewing the staff report and discussing the
proposal, the Board voted 6 to 0 to recommend that the request be approved. The request was
approved based upon positive findings with respect to LOR Section 2.4.5.(0)(5) (Rezoning
Findings), LOR Section 3.1.1 (Required Findings), LOR Section 3.2.2 (Standards for Rezoning
Actions ).
By motion, approve on first reading the ordinance rezoning from I (Industrial) in part, and OS (Open
Space) in part to MIC (Mixed Industrial and Commercial) for the subject property located along
Depot Road, north of the Old Train Station, between the CSX Railroad and 1-95, based upon the
findings of fact and law contained in the staff report, and finding that the request is consistent with
the Goals, Objectives, and Policies of the Comprehensive Plan and does meet the criteria set forth
in LOR Section 2.4.5.(0)(5) (Rezoning Findings), LOR Section 3.1.1 (Required Findings), LOR
Section 3.2.2 (Standards for Rezoning Actions).
Attachments:
Proposed Ordinance No. 71-06
Location Map
Planning & Zoning Staff Report of July 17, 2006
12.TJ
ORDINANCE NO. 71-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED I (INDUSTRIAL) DISTRICT IN PART AND OS
(OPEN SPACE) DISTRICT IN PART TO MIC (MIXED INDUSTRIAL
AND COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL
LOCATED NORTH OF THE OLD TRAIN STATION, BETWEEN THE
CSX RAILROAD AND 1-95, 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, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated March 2006, as being zoned I (Industrial) District in part and
OS (Open Space) District in part; and
WHEREAS, at its meeting of July 17, 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 6 to 0
to recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
further the objectives and policies ofthe Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; 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 Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of MIC (Mixed Industrial and
Commercial) District for the parcel described in the attached Exhibit "A".
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon the effective date of
Ordinance No 38-06, under which official land use designation of CMR (Commerce) is affixed to
the subj ect parcel hereinabove described.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of , 200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2
ORD NO. 71-06
EXHffirr "A"
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF
DELRAY BEACH, LYING IN PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRmED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE NORTH 8~ 09"
21" WEST ALONG THE NORTH LINE OF SAID SECTION 18, A DISTANCE OF 251.13 FEET;
THENCE SOUTH 140 51' 25" WEST ALONG THE EAST RIGHT OF WAY LINE OF THE CSX
RAILROAD, A DISTANCE OF 143.88 FEET, TO A POINT ON A CURVE CONCAVE SOUTHERLY
HAVING A RADIUS OF 600.00 FEET AND A DELTA ANGLE OF 16032' 07"; RADIAL BEARING
THROUGH SAID POINT BEARS SOUTH 12000' 53.1" EAST; THENCE EASTERLY, AN ARC
DISTANCE OF 173.13 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID
CURVE HAVING A RADIUS OF 599.95 FEET AND A DELTA ANGLE OF 40 12' 45", AN ARC
DISTANCE OF 44.11 FEET TO A POINT ON A CURVE CONCAVE EASTERLY HAVING A
RADIUS OF 3,969.72 FEET AND A DELTA ANGLE OF 60 37' 59"; RADIAL BEARING THROUGH
SAID POINT BEARS SOUTH 080 43' 52.3" WEST; THENCE SOUTHERLY AN ARC DISTANCE OF
459.56 FEET; THENCE SOUTH O?D 04' 36.3" EAST A DISTANCE OF 100.38 FEET; THENCE
SOUTH 030 40' 40" EAST A DISTANCE OF 516.72 FEET TO A POINT ON A CURVE CONCAVE
WESTERLY, HAVING A RADIUS OF 1,063.92 FEET AND A DELTA ANGLE OF 80 37' 52";
THENCE SOUTHERLY AN ARC DISTANCE OF 160.27 FEET; THENCE NORTH 8~ 17' 11" WEST,
A DISTANCE OF 122.21 FEET; THENCE NORTH 000 18' 11.4" WEST A DISTANCE OF 25.70
FEET; THENCE NORTH 280 55' 30.8" EAST A DISTANCE OF 160.64 FEET; THENCE NORTH 040
00' 44.1" WEST, A DISTANCE OF 219.69 FEET; THENCE NORTH 040 05' 58.8" WEST, A
DISTANCE OF 466.94 FEET TO THE POINT OF BEGINNING; CONTAINING 61,851.00 SQUARE
FEET MORE OR LESS.
TOGETHER WITH:
A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF
DELRAY BEACH, LYING IN PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE NORTH 8~ 09"
21" WEST ALONG THE NORTH LINE OF SAID SECTION 18, A DISTANCE OF 251.13 FEET;
THENCE SOUTH 140 51' 25" WEST ALONG THE EAST RIGHT OF WAY LINE OF THE CSX
RAILROAD, A DISTANCE OF 143.88 FEET, TO THE POINT OF BEGINNING SAID POINT BEING
ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 600.00 FEET AND A DELTA
ANGLE OF 16032' 07"; RADIAL BEARING THROUGH SAID POINT BEARS NORTH 12000' 53.1"
WEST; THENCE EASTERLY, AN ARC DISTANCE OF 173.13 FEET; THENCE SOUTH 040 20'
12.9" EAST A DISTANCE OF 466.94 FEET; THENCE SOUTH 040 05' 58.8" EAST, A DISTANCE OF
386.85 FEET; THENCE SOUTH 040 00' 44.1" EAST, A DISTANCE OF 219.69 FEET; THENCE
SOUTH 280 55' 30.8" WEST, A DISTANCE OF 160.64 FEET; THENCE NORTH 890 33' 47.6" WEST,
A DISTANCE OF 76.63 FEET; THENCE SOUTH 31028' 40" WEST, A DISTANCE OF 11.68 FEET;
THENCE NORTH 890 33' 34.6" WEST, A DISTANCE OF 254.25 FEET; THENCE NORTH 000 29'
43.6" WEST, A DISTANCE OF 288.96 FEET TO A POINT OF CURVATURE OF A CURVE
CONCAVE EASTERLY, HAVING A RADIUS OF 2815.00 FEET AND A DELTA ANGLE OF 070 23'
45"; THENCE NORTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 363.36 FEET;
THENCE CONTINUE ALONG SAID CURVE CONCAVE EASTERLY AN ARC DISTANCE OF
23.72 FEET; THENCE SOUTH 88046' 29.6" EAST, A DISTANCE OF 2.20 FEET; THENCE NORTH
140 51' 25.0" EAST, A DISTANCE OF 407.26 FEET; THENCE CONTINUE NORTH 140 51' 25.0"
EAST, A DISTANCE OF 143.53 FEET TO THE POINT OF BEGINNING; CONTAINING 404,316
SQUARE FEET MORE OR LESS.
ORD. NO. 71-06
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DEPOT ROAD PROPERTY
LOCATION MAP
MAP REF: LM950
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT ---
July 17, 2006
IV.B.2.e.
Future Land Use Map (FLUM) Amendment from Industrial (IND) to CMR
(Commerce) and Rezoning from Industrial (I) to MIC (Mixed Industrial and
Commercial) for a 8.8 acre parcel located along Depot Road north of the Old Train
Station, between the CSX Railway and 1-95.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant. u........... ...........
Agent......................................... .
Location. ..,................ ...... ... ~....... .
Property Size..............................
Existing Future Land Use Map
Designation. ............. ........ ..........
Proposed City Future Land Use
Map Designation.........................
Existing City Zoning....................
Proposed City Zoning.................
Adjacent Zoning................North:
East:
South:
West:
Existing Land Use......................
Proposed Land Use....................
Water Service.............................
Sewer Service. ............................
Depot Industrial Center, LLC.
Charles Putman
Along Depot Avenue east of the
CSX Railroad Track, west of 1-95,
and to the north of the Old Train
Station.
8.8 Acres
Industrial (IND)
CMR (Commerce)
Industrial (I)
MIC (Mixed Industrial and
Commercial)
MIC (Mixed Industrial and
Commercial)
1-95 Right-of-Way.
MIC (Mixed Industrial and
Commercial)
MIC (Mixed Industrial and
Commercial)
Undeveloped
Mixed-use - Office, Warehouse
and Residential (if text amendment
is approved)
Water service is provided to the
site via an 6" water main, which is
located along the south side of the
property on Depot Avenue.
Sewer service is provided via a
septic tank system. There are no
sewer mains located adjacent to
the property. Extensions to the
site along Depot Road will be
required with development of the
property.
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IV.B.2.e.
The action before the Board is that of making a recommendation to the City Commission on a
privately initiated Future Land Use Map (FLUM) Amendment from IND (Industrial) to CMR
(Commerce) and rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial), for a 8.8
acre property located along Depot Road, north of the Old Train Station, between the CSX
Railroad and 1-95.
Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and rezoning of any property within the City.
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The subject property includes Tract 1 and Tract 2 and Lots #1 through #5 of the Model Land
Company subdivision and contains 8.8 acres. The property has never been developed and is
currently vacant. With the Citywide Rezoning of October 1990, the subject property was
rezoned from Mt (Medium Industrial) to J (Industrial).
Applications have been submitted for a FLUM amendment from IND (Industrial) to CMR
(Commerce) and a rezoning from I (Industrial) to MIC (Mixed Industrial and. Commercial). These
applications have been submitted with the purpose of establishing a project that will consist of
52,284 square feet of office area, 49,600 square feet of warehouse, and 300 multifamily/rental
apartments units with 25% of the units being Workforce Housing. This mixed-use project would
be allowed under the proposed MIC zoning (except for the 300 multifamily residential
component), but not under the current I (Industrial) zoning. 'While residential development is not
currently allowed within the existing I or the proposed MIC zoning district, the applicant is also
requesting that the residential component be allowed via the creation of a new overlay district
on this site. 1t is. noted, however, that the applicant wishes to proceed with the FLUM
Amendment and Rezoning regardless. of whether or not the text amendment to allow. the .
residential <:;omponent is approved.
The Future Land Use Map amendment for the subject property is included as part of
. Comprehensive Plan Amendment 2006-1.
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REQUIRED FINDINGS:
LOR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to LOR Section 3.1.1, prior to approval of development applications, certain
findings must be made in a form which is part of the official record. This may be
achieved through information on the application, written materials submitted by the
applicant, the staff report, or minutes. Findings shall be made by the body which has the
authority to approve or deny the development application. These findings relate to the
Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance
with the Land Development Regulations.
Planning and Zoning Board S.'>ff Report: July 17, 2006
Detray Depot - FlUM Amen, Jnt and Rezoning
Page 2
Future land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent with
the applicable land use designation as shown on the Future land Use Map.
The applicant proposes to develop a mixed-uSe project at this location, which includes a
residential component. Residential uses are neither a permitted nor a conditional use in the MIC
zoning district. This application is accompanied by a Comprehensive Plan text amendment
which would create a Workforce Housing Overlay District over this property and the adjacent
property to the south. Staff does not support the creation of this overlay district. If this text
amendment is not approved, the uses as proposed will not be consistent. However, as stated
earlier, the applicant wishes to proceed with the FlUMAmendment and Rezoning regardless of
whether or not the text amendment to allow the residential component is approved. Therefore,
for the purpose of this report, the applicant's proposed text amendment to allow residential uses
will be considered a separate issue. Since the proposed MIC (Mixed Industrial and Commercial)
zoning district is consistent with the proposed CMR (Commerce) FlUM designation, positive
findings can be made with respect to consistency.
The remaining required findings of LDR Section 3.1.1 (Concurrency, Comprehensive Plan
Consistency and Compliance with the land Development Regulations) are discussed below.
The following Comprehensive Plan Policy applies to Future land Use Map Amendments:
Future land Use Element PolicvA..1.7: Amendments to the Future land Use Map (FlUM)
must be based upon the findings listed below, and must be supported by data and
analysis tl1at demonstrate compliance with these findings:
o Demonstrated Need - That there is a need for the requested land use. The need
mustbe based upon circumstances such as shifts in demographic trends, changes
Intheavaitabitity of land, changes in the existing character and FlUM designations
of the surrounding area, fulfiJIment of a comprehensive plan objective or policy,
annexation into the municipal boundaries, or similar circumstances. The need
must be supported by data and analysis verifying the changing demographics or
other circumstances. This requirement shall not apply to requests for the FlUM
designations of Conservation or Recreation and Open Space; nor shall it apply to .
FLUM changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FlUM amendments.
When the Comprehensive Plan was originally adopted in 1989, it was determined that the CMR
(Commerce) designation was the most needed land use designation in the City.
Future Land Use Element Policy A-1.3 - The Commerce land use designation, which
involves a mix of light industrial, commercial uses and research and development, is the
most needed land use during the City's final stage of build-out. Thus, changes to the
Future Land Use Map, which diminish. this land use, are discouraged.
Based on its location between 1-95 and the CSX railroad, the subject property was designated
IND (Industrial) and zoned I (Industrial). However, the property has not been developed under
the current designation and the applicant would like the additional flexibility that MIC zoning
affords. The primary difference between the I and the MIC zoning districts is the addition of
Planning and Zoning Board Sf<'lff Report: July 17, 2006
Delray Depot - FLUM Amen ~nt and Rezoning
Page 3
offices and retail trade as principal uses within the MIC district. The applicant proposes to
establish a project that will include 52,284 square feet of office area, 49,600 square feet of
warehouse, and 250-300 multifamily/rental apartments units on the subject property. As stated
earlier, a text amendment to the Comprehensive Plan to allow residential development at this
location has also been submitted. However, even if this text amendment is not approved, the
applicant still desires to change the FLUM designation of the property and rezone it to MIC.
Based on the need for the Commerce land use designation as stated in Future Land Use Policy
A-1.3, positive findings with respect to Future Land Use Element Policy A-1.7 can be made.
o Consistency - The requested designation is consistent with the goals, objectives
and policies of the most recently adopted Comprehensive Plan"
The proposal is consistent with the above policy as well as with the following Comprehensive
Plan Policy:
Future Land Use Element Policy A-2.3 ~ development of remaining vacant properties
shall occur ina manner which is consistent with and complimentary to adjacent
development regardless of zoning designations. This policy shall be implemented
through the review process associated with platting and site plans.
As previously stated, the owner of the property proposes to establish a project that will consists
of 52,284 square feet of office area, 49,600 square feet of warehouse, and 250-300
multifamily/rental apartments units on the subject property. Properties to the north, south and
west of the subject property are zoned MIC (Mixed Industrial and Commercial) and property to
the east, adjacentto the 1-95 right-of-way, is zoned OS (Open Space). With the exception of the
housing component, the proposed development is consistent with and complimentary to the
prevalent development pattemin the area, and thus, meets the requirements of the Future Land
Use Element Policy A-2.3 of the Comprehensive Plan. The proposed housing is not currently
allowed in the proposed FLUM designation and will be considered separately.
o Concurrency - Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves a FLUM amendment. on a 8.8 acre parcel from I (Industrial) to CMR
. (Commerce). Concurrency findings. with respect to Parks and Recreation, Schools, Solid
Waste, Drainage, Water and Sewer and Traffic are discussed below:
Parks and Recreation:
The Op~n Space and Recreation Element of the City's Comprehensive Plan indicates in its
conclusion that"Th~ City will have sufficient recreation facilities at build-out to meet the adopted
standards". A park impact fee is collected to offset any impacts projects may have on City
recreational facilities. Since residential development is not currently permitted at this location,
there are no impacts to parks and recreation. However, if the proposed text amendment is
approved and the applicant is able to construct housing units on the property, a park impact fee
of $500.00 per dwelling unit wit! be collected prior to issuance of a building permit for each unit
for parks and recreation purposes.
Schools:
. A finding of School Concurrency will be required from the School District of Palm Beach County
if residential development is ultimately approved on this site. No concerns are noted at this time.
Planning and Zoning Board St~ff Report: July 17. 2006
Delray Depot - FLUM Amen .mt and Rezoning
Page 4
Solid Waste:
The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all
development proposals till the year 2021, thus a positive finding with respect to this level of
service standard can be made.
Drainaae:
Any development of the site will be required to retain drainage on-site in compliance with South
Florida Water Management District (SFWMD) requirements. There are no problems anticipated
complying with SFWMD requirements.
Traffic: J
A traffic study has been submitted that indicates that the proposed development (with the
residential component) will generate 2,840 daily trips, 265 trips in the A.M. peak hour and 297
trips in the P.M. peak hour. A letter from the Palm Beach County Traffic Division indicating that
the proposed project meets concurrency with the Palm Beach County Traffic Performance
Standards Ordinance will be required. Development of the site without the residential
component may result in additional traffic. It is noted, however, that the maximum development
potential within the CMR (Commerce) FLUM designation and MIC zoning district is similar to
that within the IND (Industrial) FLUM designation and the PCC (Planned Commerce Center)
zoning district. With the exception of a higher potential for retail development in the MIC district,
:the same land uses. are permitted within the two zoning districts. The City has requested a
revised traffic study based upon the maximum development potential within the proposed FLUM
designation. This information will be provided to DCA upon receipt: Upon submittal of a site plan
,for development of the property, a bafflc study will be required and traffic concurrency must be
met.
. Water and Sewer:
Water service is provided to the site via an 6" water main, which is located along the south side
of the property on Depot Road. . Sewer service is provided via a septic tank system. The
drainage field is located along the south side of the property. Adequate fire suppression is
provided to the site via an existing fire hydrant along the southeast side of the property. The
Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet
the adopted LOS at the City's build-out population, based upon the curr~nt FLUM. Pursuant to
-the Public Facilities Element Policy A-1.1, existing septic tan ks located in sewered areas
throughout the City shall be removed from use as necessary pursuant to Florida Statutes.
Since there are no sewer mains located adjacent to the property, these lines must be extended
toserve.the property when development occurs.
o Compatibility - The requested designation will be compatible with the existing and
future land uses of the surrounding area.
The property is surrounded on the north, south and west by MIC zoned property and/or existing
industrial uses. The property to the east, adjacent to ttle 1-95 right-of-way, is zoned OS (Open
Space). Since the subject property is proposed to also be zoned MIC, there are no compatibility
issues with respect to the uses currently permitted within the zoning district. However, there is a
concern with respect to the applicant's proposal to include 250-300 residential units within the
project. Staff does not support the proposed text amendment, since residential development on
the subject property will present noise concems due to the close proximity of the site to 1-95 and
Planning and Zoning Board St"lff Report: July 17,2006
Delray Depot - FLUM Amen ~nt and Rezoning
Page 5
the CSX railroad as well as compatibility issues regarding the surrounding Mixed Industrial and
Commercial development pattern.
o Compliance - Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Although a site plan for the property has not been submitted, any future redevelopment of the
subject property will have to occur in accordance with the City's land Development Regulations.
Based on the above, a positive finding with respect to compliance with the land Development
Regulations can be made.
~ -
Future land Use Map Consistency, Concurrency and Comprehensive Plan Consistency were
previously discussed under the "Future Land Use Map Amendment Analysisn section of this
report. Compliance with the land Development Regulations with respect to Standards for
Rezoning Actions and Rezoning Findings is discussed below.
CONSISTENCY: Compliance with the performance standards set forth in LOR Section
3.2.2, along with the required findings in LOR Section 2.4.5(0) (5), shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in making a finding of overall
consistency.
lOR Section 3.2.2: Standards A,B, C and E are not applicable. The applicable
.performance standard of LOR Section 3.2.2 is as follows:
(D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, thatsufficientregulations exist to properly
mitigate adverse impacts from the new use.
The following zoning designations and uses border the property:
Zonina Desianation: Use:
. North MIC Vacant
South MIC Industrial
East OS and 1-95 RiQht-of-Way Ooen Space
West MIC Industrial
The proposed MIC zoning designation of the property is consistent with the prevalent
development pattern of the surrounding properties. As stated earlier, staff does not support the
test amendment to allow residential development in this location.
,LOR 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;
Planning and Zoning Board Shff Report: July 17. 2006
Defray Depot - FLUM Amen\ mt and Rezoning
Page 6
(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.
The applicant submitted a justification statement which states:
"The Industrial zoning category currently applicable to the property is priman1y designed
. to promote heavier industrial and industrial related uses. The MIC zoning also allows
many of those industrial uses but further provides the flexibility to do a mixed use project .
containing not only industrial but retail, office, service and other similar uses as well.
Thus, an MIC designation on the subject site will not preclude heavier industrial
development but will allow a wider range of uses to be developed than is allowed under
the current zoning".
The .' proposed amendment to Commerce (CMR) Land Use Map designation and Mixed
Industrial and Commercial (MIC) zoning are deemed compatible with the existing land use
designations and the adjacent development pattern. The requested MIC zoning designation for
the subject. property is the same as that for adjacent properties. The use of the property for
industrial, retail, and office purposes appears is consistent and compatible with the surrounding
land uses. Therefore, a finding with respect to LDR Section 2.4.5(D)(5) can be made that the
rezoning fulfills subsection "c".
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The property is not in an area that requires review by the Community Redevelopment Agency
(eRA) or Downtown Development Authority (DDA).
Public Notice:
Formal public notice has been provided to property owners. within a 500' radius of the subject
property. Letters of support or objection, if any, will be presented at the Planning and Zoning
Board meeting.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Neighborhood Advisory Council
o Progressive Residents of Delray (P.R.O.D.)
o Jerry Franciosa
o Carolyn Zimmerman
letters of support or objection, if any, will be presented at the Planning and Zoning Board
meeting.
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The proposed amendment will change the FLUM designation of the property from an IndustriaJ
classification to a Commerce designation that will afford additional flexibility in development of
the property. In addition to industrial uses allowed under the I (Industrial) zoning district, the MIC
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Planning and Zoning Board Stqff Report: July 17, 2006
Delray Depot - FLUM Amen 3nt and Rezoning
Page 7
(Mixed Industrial and Commercial) zoning district allows office and retail development. Positive
findings can be made with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LOR Section 3.1.1 (Required Findings),
and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive findings can be
made with respect to LOR Section 2.4.5(0)(5) (Rezoning Findings). Therefore, the proposed
FLUM amendment and Rezoning can be recommended for approval based on the findings
outlined in this. report. Although the applicant has submitted a text amendment to also allow
residential development on the property, staff does not support the request due to compatibility
issues.
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A. Continue with direction;
B. Recommend to the City Commission approval of the FLUM Amendment and Rezoning for
the subject property, by adopting the findings of fact and law contained in the staff report,
and finding that the request and approval thereof is consistent with Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LOR
Section 2.4.5.(0)(5) (Rezoning' Findings), LOR Section 3.1.1 (Required Findings), LDR
Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of
the Comprehensive Plan; or
C. . Recommend denial of the FLUM Amendment and Rezoning by adopting the findings of fact
and faw contained in the staff report, and finding that the request is inconsistent with Future
land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
LOR Section 2.4.5(0)(5) (Rezoning Findings), LOR Section 3.1.1 (Required Findings), LOR
Section 3.2.2 (Standards for Rezoning Actions) and the Goals, Objective, and Policies of the
.comprehensive Plan.
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Move a recommendation of approval to the City Commission of the privately sponsored FLUM
Amendment from iND (Industrial) to CMR(Commerce) and rezoning from I (Industrial) to MIC
(Mixed Industrial and Commercial),for the subject property located along Depot Road; north of
the 01(:1 Train Station, between the CSX Railroad and 1-95, by adopting the findings of fact and,
law contained in the staff report, and finding that the request and approval thereof is consistent
with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment
Findings), LOR Section 2.4.5.(0)(5) (Rezoning Findings), LOR Section 3.1.1 (Required
Findings), LOR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and
Policies of the Comprehensive Plan.
Staff Report Prepared by: Estelio Breto, Senior Planner
Attachments:
· Proposed Future Land Use Map, Proposed Zoning Map
\\itsrvf001\departments\planning & zoning\boards\p&z board\depot avenue property rezoning.doc
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