31-95 ORDINANCE NO. 31-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REESTABLISHING THE SAD
(SPECIAL ACTIVITIES DISTRICT) ZONING CLASSIFICATION
FOR A PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER
OF GEORGE BUSH BOULEVARD AND PALM TRAIL KNOWN AS
MARINA DELRAY, AS MORE PARTICULARLY DESCRIBED HEREIN;
GRANTING SITE PLAN APPROVAL WITH CERTAIN CONDITIONS;
PROVIDING FOR AN IMPROVEMENT SCHEDULE FOR THE
INSTALLATION OF IMPROVEMENTS TO THE SITE; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, on December 12, 1989, the City Commission approved
Ordinance No. 73-89 which established a Special Activities District
(SAD), subject to conditions, for the property hereinafter described;
and
WHEREAS, the SAD conditions of approval pursuant to
Ordinance No. 73-89 were never addressed and site improvements were
not installed; and
WHEREAS, the Special Activities District (SAD) was never
established and expired as of June 12, 1991; and
WHEREAS, on April 7, 1995, an application to reestablish the
SAD (Special Activities District), including an attendant site plan to
accommodate a marina and accessory uses, was submitted for review and
consideration;
WHEREAS, pursuant to LDR Section 2.4.5(D), the Planning and
Zoning Board reviewed the subject matter at public hearing on May 15,
1995, and voted 6 to 0 to recommend that the request be approved,
subject to conditions; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is' consistent with and furthers the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the
City of Delray Beach, Florida, is hereby zoned and reestablished in
the SAD (Special Activities District) as defined in Section 4.4.25 of
the Land Development Regulations of the City of Delray Beach, to-wit:
Ail of a tract of land, less the South 250 feet
thereof, situate, lying and being in Section 9,
Township 46 South, Range 43 East, Palm Beach County,
Florida, and more particularly described as follows:
From the Quarter Section corner of the South boundary
of Section 9, Township 46 South, Range 43 East, run
North 0 degrees 13' 20" East, a distance of 1,746.55
feet along the Quarter Section line to a point on the
North boundary of Lot 6, Model Land Company's Plat of
said Section 9, as recorded in Plat Book 8 at Page 40
in the Public Records of Palm Beach County, Florida;
thence easterly at an angle measured from North to
East 89 degrees 23', a distance of 591.06 feet to a
point; thence in a southerly direction at an angle
measured from East to South of 96 degrees 24' 24" for
a distance of 33.21 feet to the point of beginning of
this description; thence from the point of beginning
run in a southerly direction at an angle of 175
degrees 06' 03", measured from North to East to South
a distance of 465.73 feet along the East line of Palm
Trail to a point in the South boundary line of said
Lot 6; thence in an Easterly direction at an angle of
88 degrees 30' 13." measured from North to East, along
the Southern boundary of said Lot 6 a distance of
201.52 feet to a point of intersection with the West
right-of-way line of the Intracoastal Waterway;
thence in a Northerly direction at an angle of 98
degrees 07' 01", measured from West to North along
said right-of-way line a distance of 470.42 feet;
thence in a Westerly direction at an angle of 81
degrees 52' 19" measured from South to West a
distance of 255.58 feet to the point of beginning.
The subject property is located at the southeast
corner of George Bush Boulevard and Palm Trail;
containing 1.14 acres, more or less.
Section ~, That the uses allowed for the subject property
described in Section 1, above, pursuant to Section 4.4.25(B) of the
Land Development Regulations of the City of Delray Beach, Florida,
shall be as follows:
* Full Service Marina, excluding restaurants
* In/out dry storage
* Sale of fuel for boats only
* Small marine engine repair and sales
- 2 - Ord. No. 31-95
* Sale of bait, beverages and miscellaneous
convenience items
* In water dock rental
* Charter boat rentals
* New and used boat sales
* Fabrication of boat tops and canvas work
(restricted only to storage and dockage clients)
* Marine towing services
* One residential dwelling unit, to be occupied by
the property owner, business owner, proprietor
or employee with a garage and swimming pool as
an accessory use to the residence
Section 3. That the development of and improvements to the
subject property described in Section 1, above, shall be in accordance
with the site plan and attendant conditions as recommended for
approval by the Planning and Zoning Board on May 15, 1995, and as
approved by the City Commission on the date that this ordinance is
passed and adopted on second and final reading.
$gctiQ~ 4, That the development of and improvements to the
subject property described in Section 1, above, shall be in accordance
with the following improvement schedule:
* That within forty-five (45) days from second
reading of this Ordinance No. 31-95, Site Plan
Review and Appearance Board (SPRAB) approval
must be obtained for the proposed landscaping;
* That within thirty (30) days from the SPRAB
approval, permit applications must be submitted
to the Community Improvement Department
(Building) for the associated improvements (i.e.
parking/landscaping, water main and fire
hydrant); and
* That within ninety (90) days from the issuance
of a building permit, installation of the
associated parking/landscaping, water main and
fire hydrant must be completed.
Section 5. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
- 3 - Ord. No. 31-95
~ 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 7. That this ordinance shall become effective on
August 1, 1995.
PASSED AND ADOPTED in regular session on second and final
reading on this the 20th day of June, 1995.
ATTEST:
- ~city ~l~rk -
First Reading June 6, 1995
Second Reading June 20, 1995
- 4 - Ord. No. 31-95
BOND WAY
ST.
0
SEA
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /~ ~ - MEETING OF JUNE 20. 1995
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 31-95
(REESTABLISHMENT OF THE SPECIAL ACTIVITIES DISTRICT FOR
MARINA DELRAY)
DATE: JUNE 14, 1995 ~
This is second reading and public hearing for Ordinance No. 31-95
which reestablishes the SAD (Special Activities District) zoning
classification for the Marina Delray property located at the
southeast corner of George Bush Boulevard and Palm Trail. As
required by Section 4.4.25 of the Land Development Regulations, the
ordinance incorporates the specific uses approved for the site and
grants site plan approval with attendant conditions. One of the
conditions is that improvements to the site will be completed in
accordance with a time schedule which is also incorporated into the
ordinance.
The Planning and Zoning Board formally reviewed this matter at
public hearing on May 15, 1995, and voted 6 to 0 to recommend that
the SAD be approved, subject to the conditions set forth in the
attached staff report. On June 6, 1995, the Commission voted
unanimously to pass the ordinance on first reading.
Recommend approval of Ordinance No. 31-95 on second and final
reading, based upon positive findings and subject to the
recommendation of the Planning and Zoning Board.
ref:a~memol 1
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~'~
SUBJECT: AGENDA ITEM $ ]~' ~'- MEETING OF JUNE 6. 1995
FIRST READING FOR ORDINANCE NO. 31-95 (REESTABLISHMENT OF
THE SPECIAL ACTIVITIES DISTRICT FOR MARINA DELRAY)
DATE: JUNE 2, 1995
This is first reading for Ordinance No. 31-95 which reestablishes
the SAD (Special Activities District) zoning classification for the
Marina Delray property located at the southeast corner of George
Bush Boulevard and Palm Trail. As required by Section 4.4.25 of
the Land Development Regulations, the ordinance incorporates the
specific uses approved for the site and grants site plan approval
with attendant conditions. One of the conditions is that
improvements to the site will be completed in accordance with a
time schedule which is also incorporated into the ordinance.
The Planning and Zoning Board formally reviewed this matter at
public hearing on May 15, 1995, and voted 6 to 0 to recommend that
the SAD be approved, subject to the conditions set forth in the
attached staff report.
Recommend approval of Ordinance No. 31-95 on first reading, based
upon positive findings and subject to the recommendation of the
Planning and Zoning Board. If passed, a public hearing will be
held on June 20, 1995.
ref:agmemoll
"'" " ""'"' """',,,, , ,., ,,, Od .' .
elm), fA file C~ C~miag~ Ch~m.
il~ 140 R.W. tst A~,
CRy 14iff, NO KW. TSf AvmTve,
P,J~, Mlflday ~ FrIMy, ~
M ~I~NCE ~ THE Cl~ ~
~CH, F~I~ ANNEXING TO
~CE~ M ~O L~TED ON
~E ~ Sl~ ~ MILITARY
A~ROXI~TELY
~TH ~ AT~gTIC AVE-
~'~lSTIgG MUg~PA~ ~IMiTS;
~ ~E CI~ TO IKLUDE
~D; ~ID~NG FOR
~IGHTS ~ ~IGATIONS ~
~tO ~D; AFFiXiNG AN ~F(-
~C~ ~O ~E ~SIGNAT~
~ ~ID ~D TO THE FURUTE
~ U~E ~P ~ ~TAIHED
~PREHERSI~ P~N;
I~ TO ~R~EED UN~R THE
'~ ~ ~L ~gE ~ND
VIDING ~ THE ~ONING TNERE.
~NTER) Dt~Rt~; PROViDiNG
~NE~ RE~ER C~USE,
~YING$ C~USE, ~O AN EFFEG
~ ~DIN~CE ~ THE O~ ~
M ~ ~~ THE C ~ ~ ~L~Y
~CH, F~RID~ ANNEXING TO
~ ~ND L~TED ON
~E ~ SiDE ~ ~ILITARY
APPROXI~TELY
FE~ ~TH ~ AT~NT~C AVE-
TO ~ISTING MUNICIP~ LIMITS;
~EDEFINING THE ~UNDARIES
~ THE CI~ TO INCLU~
~O ; ~IDING FOR THE
R~TS AND ~LIGATIONS OF
~lO ~go; ~FFIXING AN ~FI. :
Cf~ ~ND USE ~SIO~TION I
~O ~E ~P ~ C~TAINED IN
~E Cl~ ~ ~LRAY ~CH
~PREHENS(VE ~N; ELECT-
I~ 70 ~EED UNDER T~E SIN-
~ H~RING ~PTION
~ ~R ~LL ~E ~ND
~ ~N MEN~ENTS; PRGI
~D~NG ~ THE ~ING THERE-
M TO ~ (~NNED ~F&CE
~NTER) DISTRI~;PROVIDING
~NE~L ~ER C~USE, A
~Vt~ C~USE, ~D AN EFFEC*
T~ ~TE.
M MDI~NCE ~ ~E Cl~ C~
it~l~ ~ THE Cl~ ~ ~LRAY
~, ~ORI~ ~RECTING
~E FUTURE ~ND USE ~P DE~
~TI~ FR~ GENE~ ~
~RCI~ iN PART, AND
T~ ~N PART, TO
C~ ~E, ~ PROPERTY L~
~TED IN BL~K~ ~, ~ AND ~,
~ ~ ~L~Y ~T, ~ ~RE
~RTfCU~RLY ~RI~ED
HEREIN, E~JNG TO PR~EED
~R SIDLE H~RING
T~ ~E~ ~ ~L ~L
~D ~E ~g ~EN~ENTS;
~lOl~ a GE~E~L REPEl.
~ ~USE, A ~VING C~USE,
~ ~DI~NCE ~ ~E C1~ ~
MI~ ~ ~E CI~ ~
~CH, F~I~
~ THE ~ (S~CIA~ ACT~V~
~D AT ~E ~Ta~T COR.
V~D A~D P~ T~IL
~TICU~LY ~R1~ED
~REfN; ~1~ SiTE ~
~ wl~ ~RTAJN
~ ~ ~ THE
~S ~ ~E SITE;~IOiNG A
~VIK ~U~, A GENiaL RE.
~R ~E, ANO AN EFFEC-
T~ ~TE.
~J~ O~DINANCE O~ THE CITY CO~
Ml~ill~ ~ THE CI~ ~
~H, F~I~ R~ONING AND
~C~NG ~D PRESENTLY
~ED CiO (CE~T~L ~USINE~
I~NE~ ~RCIA)
TRI~, · ~ART, ~D
~Cl~ ~WITIES DISTRICTI,
IN P~T, IN THE
TRI~; ~ID ~ND BEING GENER-
~Y ~TED IN THE ~N-
~ AR~ ~AC~NT TO THE
F.E.C. ~ILR~ CORRi~R,
~E P~TICU~RLT
~REIN; ~D AMENDING ~ING
~P ~ ~L~Y ~CH,
~ ~; tt~lOl~ A GENE~L
~ER ~VSE, A ~VING
~E, ~D ~ EFFE~IVE
. ~CH, FL~I~ MENDING SEC*
· T~ ~, ~ENT~ EUSINESS
, (~P) DiSTRI~), ~BSECTI~
~ ~E ~ND ~ELOPMENT
~D(H)(3) ~D ~tH)lJ)
. ~EIR EgTIRE~; PR~IDI~G A
r ~E~ REP~ER ~USE, A
' ~Vl~ ~E, ~O AN EFFEC-
' TI~
~ ~DI~E ~ THE CITY
MI~ ~ THE C{~ ~ ~L~Y
I~, F~RI~ AMENDING A~-
TICLE ~, ~ER~Y AND
~IRE~NTA~ ~NAG~ENT
~ DI~Rt~, ~ THE ~NO OEVEL*
: ~gT ~GU~TI~ ~ THE
Cl~ ~ ~L~Y ~CH,
~Y E~ING A g~
~ H~ST~)C ~RTiE~, TO
A~tZE ~ V~O~ T~ EX.
ERTIE~; ~T~LISHING ~EqUIRE-
~NTS ~D ~E~RE~; DE~I~
TI~ THE HIST~C PRESER-
VATI~ ~RD TO REVIEW APPLt.
~TI~ ~D ~KE REC~E~
Sl~; EST~LI~S~ ~NALTIES;
~IOlNG A ~VING C~USE, k
C(~ ~ ~L~Y eEACH
C~ c~
THE g~
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on the following proposed
ordinances at 7:00 P.M. on TUESDAY, JUNE 20, 1995 (or at any
continuation of such meeting which is set by the Commission), in
the City Commission Chambers, 100 N.W. 1st Avenue, Delray Beach,
Florida, at which time the City Commission will consider their
adoption. The proposed ordinances may be inspected at the Office
of the City Clerk at City Hall, 100 N.W. 1st Avenue, Delray
Beach, Florida, between the"hours of 8:00 a.m. to 5:00 p.m.,
Monday through Friday, except holidays. All interested parties
are invited to attend and be heard with respect to the proposed
ordinances.
ORDINANCE NO. 29-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 1,400
FEET SOUTH OF ATLANTIC AVENUE, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY
TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION FOR SAID
LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF
DELRAY BEACH COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO POC (PLANNED
OFFICE CENTER) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 30-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, CORRECTING THE FUTURE LAND USE MAP DESIGNATION FROM
GENERAL COMMERCIAL, IN PART, AND TRANSITIONAL, IN PART, TO
COMMERCIAL CORE, FOR PROPERTY LOCATED IN BLOCKS 77, 78 AND 86,
TOWN OF DELRAY PLAT, AS MORE PARTICULARLY DESCRIBED HEREIN,
ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 31-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REESTABLISHING THE SAD (SPECIAL ACTIVITIES DISTRICT)
ZONING CLASSIFICATION FOR A PARCEL OF LAND LOCATED AT THE
SOUTHEAST CORNER OF GEORGE BUSH BOULEVARD AND PALM TRAIL KNOWN AS
MARINA DELRAY, AS MORE PARTICULARLY DESCRIBED HEREIN; GRANTING
SITE PLAN APPROVAL WITH CERTAIN CONDITIONS; PROVIDING FOR AN
IMPROVEMENT SCHEDULE FOR THE INSTALLATION OF IMPROVEMENTS TO THE
SITE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
ORDINANCE NO. 32-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CBD (CENTRAL
BUSINESS DISTRICT), IN PART, GC (GENERAL COM~4ERCIAL) DISTRICT, IN
PART, AND SAD (SPECIAL ACTIVITIES DISTRICT), IN PART, IN THE
CBD-RC (CENTRAL BUSINESS DISTRICT--RAILROAD CORRIDOR) DISTRICT;
SAID LAND BEING GENERALLY LOCATED IN THE DOWNTOWN AREA ADJACENT
TO THE F.E.C. RAILROAD CORRIDOR, AS MORE PARTICULARLY DESCRIBED
HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
ORDINANCE NO. 33-95
AN ORDINANCE OP THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD)
DISTRICT", SUBSECTION 4.4.13(H), "SPECIAL REGULATIONS", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
FLORIDA, BY DELETING SUBPARAGRAPHS 4o4.13(H) (3) AND 4.4.13(H) (4)
IN THEIR ENTIRETY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 34-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL
MANAGEMENT DISTRICTS", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION
4.5o1(M), "TAX EXEMPTION FOR HISTORIC PROPERTIES", TO AUTHORIZE
AD VALOREM TAX EXEMPTIONS FOR HISTORIC PROPERTIES; ESTABLISHING
REQUIREMENTS AND PROCEDURES; DESIGNATING THE HISTORIC
PRESERVATION BOARD TO REVIEW APPLICATIONS AND MAKE
RECOMMENDATIONS TO THE CITY COMMISSION; ESTABLISHING PENALTIES;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered
at this hearing, such person will need a record of these
proceedings, and for this purpose such person may need to ensure
that a verbatim record includes the testimony and evidence upon
which the appeal is to be based. The City does not provide or
prepare such record. Pursuant to F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
June 9, 1995 Alison MacGregor Harry
City Clerk
*****************************************************************
Instructions to the Newspaper:
This is a standard legal advertisement to be published in the
legal/classified section of the newspaper. There are no special
requirements. Thank you.
LEGAL VERIFICATION FORM
FILE # 95-106
PROJECT NAME: MARINA DELRAY
LEGAL DESCRIPTION:
All of a Tract of land, less the South 250 feet thereof, situate, lying and being in Section
9, Township 46 South, Range 43 East, Palm Beach County, Florida and more particularly
described as follows:
From the Quarter Section comer of the South boundary of Section 9, Township 46 South,
Range 43 East, run North 00 13' 20" East, a distance of 1,746.55 feet along the Quarter
Section line to a point on the North boundary of Lot 6, Model Land Company's Plat of
said Section 9, as recorded in Plat Book 8, at Page 40, in the Public Records of Palm
Beach County, Florida, thence easterly at an angle measured from North to East 890 23',
a distance of 591.06 feet to a point; thence in a southerly direction at an angle measured
from East to Sou~. of 960 24' 24" for a distance of 33.21 feet to the point of beginning of
this descriptior~thence from the point of beginning mn in a southerly direction at an
angle of 1750 06' 03", measured from North to East to South a distance of 465:73 feeL,
along
the East line of Palm Trail to a point in the South boundary line of said Lot 6]
thence in an Easterly direction at an angle of 880 30'13" measured from North to East,
along the Southern boundary of said Lot 6 a distance of 201.52 fe~t to a point of
intersection with the West right-of-way line of the Intracoastal Waterway~ thence
in a Northerly direction at an angle of 980 07' 01", measured from West to North along
said right-of-way line a distance of 470.42 feet; thence in a Westerly direction at an angle
of 810 52' 19" measured from South to West a distance of 255.58 feet to the point of
beginning.
SOURCE of Legal Description: SURVEY
VERIFIED BY: ~'~Jeg/~,DATE ~'''''~
VERIFICATION REQUEST NEEDED BY MAY 31, 1995.
LEGAL DESCRIPTION IN ORDINANCE (No. ) VERIFIED
PRIOR TO SECOND READING
VERIFIED BY: DATE
VERIFICATION REQUEST NEEDED BY 1995.
Ref/ordlegal
CITY COMMISSION DOCUMENTATION
TO: ~TY MANAGER
FROM:
SUBJECT: MEETING OF JUNE 6, 1995
FIRST READING OF ORDINANCE NO.J'/-95 - RE-ESTABLISHMENT
OF THE SAD (SPECIAL ACTIVITIES DISTRICT) ZONE DISTRICT
AND ATTENDANT SITE PLAN APPROVAL FOR MARINA DELRAY
(fka HENRY'S MARINA/8TH STREET MARINA/OCEAN CITY
MARINA).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first reading
of an ordinance re-establishing the SAD (Special Activities District) zone district
and attendant site plan for Marina Delray (fka Henry's Marina/8th Street
Marina/Ocean City Marina).
The subject property is located at the southeast corner of George Bush
Boulevard (N.E. 8th Street) and Palm Trail.
BACKGROUND:
On December 12, 1989, the City Commission approved the rezoning to SAD
(Ordinance No. 73-89) and attendant site plan for Henry's Marina with conditions. The
SAD conditions of approval were never addressed and site improvements were not
installed. Thus, the SAD was never established and is considered to have expired as
of June 12, 1991. The property has been issued citations by the Code Enforcement
Division for various code violations.
On April 7, 1995, a rezoning and site plan application were submitted to re-establish
the SAD (Special Activities District) with the attendant site plan to accommodate the
marina and its accessory uses. The proposed uses to be conducted on the subject
property are as follows:
City Commission Documentation
Meeting of June 6, 1995
First Reading of Ordinance No. -95 - Re-establishment of the SAD Zone District and
Attendant Site Plan for Marina Delray
Page 2
· Full Service Marina, excluding restaurants
· In/out dry storage
· Sale of fuel for boats only
· Small marine engine repair and sales
· Sale of bait, beverages and miscellaneous convenience items
· In water dock rental
· Charter boat rentals
· New and used boat sales
· Fabrication of boat tops and canvas work (restricted only to storage and
dockage clients)
· Marine towing services
· One residential dwelling unit, to be occupied by the property owner, business
owner, proprietor or employee with a garage and swimming pool as an
accessory use to the residence
The proposal also includes a site plan which provides for parking (12 spaces) and
landscaping improvements; dedication of right-of-way along George Bush Boulevard
and Palm Trail; elimination of excess paving within the adjacent street rights-of-way;
screening of the existing boat racks; installation of an awning over the 2nd floor
terrace; renovations to the building to accommodate a 2nd floor apartment; and, a
designated "future" swimming pool area. Additional background and analysis of the
proposal is found in the attached Planning and Zoning Board Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of May 15, 1995, the Planning and Zoning Board held a public hearing
in conjunction with review of the requests. There were concerns presented by the
Wedgewood Condominium Association immediately south of the marina regarding
the hours of operation of the repair aspect of the marina and the overall appearance of
the property. However, the Association was generally supportive of the rezoning to
SAD and attendant site plan approval. The Board reviewed the staff report and
discussed attaching an improvement schedule to the SAD in order to ensure diligence,
as the improvements associated with the previously approved SAD were never
installed. The Board voted 6-0 (Schwartz absent) to recommend that the rezoning
and attendant site plan be approved with the following conditions:
1. That the boat repair aspect of the marina operation be limited to the hours of 8:00
a.m. to 5:00 p.m.;
2. That a 5 foot right-of-way reservation be provided for George Bush Boulevard;
City Commission Documentation
Meeting of June 6, 1995
First Reading of Ordinance No. -95 - Re-establishment of the SAD Zone District and
Attendant Site Plan for Marina Delray
Page 3
3. That a waiver be granted to Section 5.3.1(D)(2), to reduce the ultimate right-of-
way width for Palm Trail from 60 feet to 50 feet, thus requiring dedication of 5 feet
of right-way;
4. That a landscape agreement be executed in a form acceptable to the City
Attorney;
5. That the property be platted pursuant to Chapter 5 of the Land Development
Regulations and recorded prior to issuance of a Certificate of Occupancy for the
apartment;
6. That a clean out be installed on the sewer lateral which extends from the main
onto the site;
7. That revised plans be submitted addressing the "Site Plan Technical Items"
identified in this Staff Report; and,
8. That an improvement schedule be included within the SAD ordinance, in order to
ensure the timely installation of the proposed improvements.
Staff and the applicant have agreed on the following improvement schedule:
· That within 45 days from second reading of the SAD ordinance, Site Plan Review
and Appearance Board (SPRAB) approval must be obtained for the proposed
landscaping;
· That within 30 days from the SPRAB approval permit applications must be
submitted to the Community Improvement Department (Building) for the
associated improvements i.e parking/landscaping, water main and fire hydrant.;
and,
· That within 90 days from the issuance of a building permit, installation of the
associated parking/landscaping, water main and fire hydrant must be completed.
RECOMMENDED ACTION:
By motion, approval of Ordinance No. -95 on First Reading, setting a public hearing
date of June 20, 1995, based upon the findings and recommendations of the Planning
and Zoning Board, subject to the improvement schedule as outlined within proposed
Ordinance No. -95.
Attachments: Location/Zoning Map
P & Z Staff Report and Documentation of May 15, 1995
Copy of Ordinance No. -95
PLANNING & ZONING BOARD
CITY OF DELRAY BEACH STAFF REPORT
MEETING DATE: May 15, '1995
AGENDA ITEM: V.g.
r~EM: Rezoning Request Associated. with the Reestablishment of the SAD for Marina Delray.
GENERAL DATA:
Owner. ......................................................................... Charles Hill
Contract Purchaser. ..................................................... Marina Delmy Coq~omtiont Inc.
Agent. .................... : ..... ~ ............................................... Albert R. Capellini, P.E,
Atlantic Environmental Engineering, Inc.
Location ........................................................................ Southeast comer of George Bush Boulevard and Palm Trail,
Property Size ................................................................ 1.14 Acres
Land Use Map Designation .......................................... General Commercial
Existing Zoning ............................................................. SAD (Special Activities District)
Proposed Zoning ......................................................... SAD
Adjacent Zoning ............. ,. .................................. North: RM (Medium Density Residential)
East: RM
South: RM
West: CF (Community Facilities)
Existing Land Use ........................................................ Full-service marina.
Proposed Land Use ..................................................... Rezoning to SAD to accommodate the full-service marina, a
residential unit, and boat sales and rentals with associated
parking and landscaping improvements.
Water Sen/ice ............................................................... Existing on site.
Sewer Sen/ice .............................................................. Existing on site. V.F..
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on a
rezoning to SAD (Special Activities District) and an attendant site plan
for Marina Delray (fka 8th Street Marina), pursuant to Section 2.4.5(1)).
The subject property is located at the southeast comer of George Bush
Boulevard and Palm Trail, and is formerly known as the 8th Street
Marina/Ocean City Marina/Henry's Marina.
Pursuant to Section 4.4.25(C)(1), all SADs are established via an
ordinance processed as a rezoning. Further, pursuant to Section 2.2.2(E),
the Local Planning Agency (P & Z Board) shall review and make
recommendations to the City Commission with respect to the rezoning of
any property within the City.
BACKGROUND:
On June 28, 1988, the subject property was annexed~ into the City with the GC (General
Commercial) zoning designation as part of the annexations conducted via the Enclave Act
(Enclave//30).
Prior to annexation to the City, there was a consideration for the establishment of a lounge
within the marina, however, the proposal met opposition and was never pursued. Also, a
special exception was granted through the County for multi-tiered boat storage facilities which
was approved and subsequently constructed.
In 1989, a rezoning petition from GC to SC (Specialized Commercial) was processed. The
rezoning was being processed to allow "boat sales" and "fabrication and assembly of boat
paraphernalia". Boat sales were allowed as a conditional use within the SC zoning district,
while the fabrication and assembly of boat paraphernalia required a determination of similarity of
use to allow the proposed use as a conditional use within the SC district. On October 16, 1989,
the Planning and Zoning Board recommended approval of the rezoning to SC. In addition to
the rezoning action, recommendations of approval were made for the conditional use requests
for "boat sales" and "fabrication and assembly of boat paraphernalia".
At its meeting of October 26, 1989, the City Commission considered the rezoning request as
well as the conditional use requests. The City Commission recommended that the property be
rezoned to SAD and that a list 'of specific conditional uses be provided.
On December 11, 1989, the Planning and Zoning Board recommended approval of the rezoning
to SAD and the attendant site plan with conditions. On December 12, 1989, the City
Commission approved the rezoning to SAD (Ordinance No. 73-89) and attendant site plan for
Henry's Marina with conditions as well as the following allowable uses:
* Full service marina
P & Z Board Staff Report
Rezoning to SAD (Special Activities District) for Marina Delray
Page 2
* In and out dry storage
* Small marine engine repair
* Sale of gas and diesel fuel for recreational boating only
* Sale ofoil, ice and beverages (non-alcoholic)
* In-water dockage rental
* Installation of electronics
* Marine store providing sale of electronics, outboard motors and other related marine
paraphernalia
* Boat Sales
* Fabrication and assembly of boat paraphernalia, subject to the following restrictions:
(1) That canvas tops cannot be assembled and fabricated at this site and installed at
another site;
(2) That off-site work can be done on boats which are regularly docked at the marina
or which have rented space at the marina, but are temporarily located elsewhere;
and
(3) That the primary business of this enterprise is conducted at the marina and for
boats which use dockage at this marina.
The SAD conditions of approval were never addressed and site improvements were not
installed. Thus, the SAD was never established and is considered to have expired as of June !2,
1991. The property has been issued citations by the Code Enforcement Division for various
code violations.
On April 7, 1995, a rezoning and site plan application were submitted to re-establish the SAD
(Special Activities District) with the attendant site plan to accommodate the marina and its
accessory uses. This request is now before the Board for action.
PROJECT DESCRIPTION:
The development proposal is to re-establish the SAD for the subject property. The proposed
uses to be conducted on the subject property are as follows:
* Full Service Marina, excluding restaurants
* In/out dry storage
. * Sale of fuel for boats only
* Small marine engine repair and sales
* Sale of bait, beverages and miscellaneous convenience items
* In water dock rental
* Charter boat rentals
* New and used boat sales
* Fabrication of boat tops and canvas work (restricted only to storage and dockage clients)
* Marine towing services
* One residential dwelling unit, to be occupied by the property owner, business owner,
proprietor or employee with a garage and swimming pool as an accessory use to the
residence
P & Z Board Staff Report
Rezoning to SAD (Special Activities District) for Marina Delray
Page 3
The proposal also includes a site plan which provides for parking (12 spaces) and landscaping
improvements; dedication of right-of-way along George Bush Boulevard and Palm Trail;
elimination of excess paving within the adjacent street fights-of-way; screening of the existing
boat racks; installation of an awning over the 2nd floor terrace; renovations to the building to
accommodate a 2nd floor apartment; and, a designated "future" swimming pool area.
ZONING ANALYSIS:
REq}UIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part of
the official record. This may be achieved through information on the application,
the staff report, or minutes. Findings shall be made by the body which has the
authority to approve or deny the development application. These findings relate to
the following four areas.
Future Land Use Map: The use or structures must be allowed in the zoning district and
the zoning district must be consistent with the land use designation.
The subject property has a General Commercial Land Use Map designation and is currently
zoned SAD (Special Activities District), however, the SAD expired June 12, 1991. While the
proposed SAD (Special Activities District) zoning is deemed consistent with any land use map
designation, including the underlying General Commercial designation, the uses allowed within a
specific SAD shall be consistent with the land use category shown on-the Future Land Use Map.
Pursuant to Section 4.4.25(B)(2), the SAD zone designation is required for a full service marina,
which is the existing use of the property. The proposed uses within this specific SAD are
generally the same as those approved as part of the SAD in 1989 (expired 1991). These uses
are similar to other general commercial uses and therefore, are consistent with the underlying
land use designation. Based upon the above, a positive finding can be made with respect to
consistency with the land use map designation.
Concurrency: Facilities which are provided by, or through, the City shall be provided to
new development concurrent with issuance of a Certificate of Occupancy. These facilities
. shall be provided pursuant to levels of service established within the Comprehensive Plan.
Water:
Water service is provided to the site via a service lateral connection to an existing 6" water main
located along the east side of Palm Trail. Currently, there is insufficient fire suppression as well
as fire hydrants to properly serve this site and the immediate area. Therefore, with this
development proposal, a fire hydrant is required to be installed along Palm Trail, approximately
67 feet north of the south property line.
P & Z Board Staff Report
Rezoning to SAD (Special Activities District) for Marina Delray
Page 4
In order to obtain desired fire flow pressures, off-site main improvements will be necessary.
Currently, an existing 6" main extends south from George Bush Boulevard to approximately 150
feet south of the subject property (marina). At this point the main becomes a 2" main which
extends south to N.E. 7th Street. In addition, a 6" main which extends northward along Palm
Trail dead-ends at N.E. 7th Street. To provide the necessary fire flows the 2" main must be
abandoned and replaced with a 6" main which would then connect to the 6" main which dead-
ends at 7th Street, thus providing a continuous system. Engineering plans have been submitted
which provide the connection and the new fire hydrant.
Sewer:
Sewer service exists to the site via a service lateral connection to the existing 8" sewer main
along Palm Trail. With this proposal, a clean out must be installed on the lateral which extends
from the main onto the site.
Streets and Traffic:
The marina is an existing use, thus traffic volumes will nbt change and no building additions are
proposed. However, the conversion of the second floor from retail to an apartment will result in
a reduction of trips. Based upon the above, positive findings can be made with respect to traffic
concurrency.
Parks and Recreation:
Parks and recreation dedication requirements do not apply to the nonresidential uses on the site.
However, a parks impact fee of $500 will be assessed for the proposed apartment at the time of
building permits. The proposal will not have an impact on this level of service standard.
Solid Waste:
There is no change in the actual use of the property, thus there will be no impact on this level of
service standard.
' Consistency: Compliance with the performance standards set forth in Section 3.3.2
(Standards for Rezoning Actions) along with required findings in Section 2.4.S(D)(S)
(Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be
made. Other objectives and policies found in the adopted Comprehensive Plan may be
used in the making of a finding of overall consistency.
P & Z Board Staff Report
Rezoning to SAD (Special Activities District) for Marina Delray
Page 5
COMPREHENSIVE PLAN POLICIES
A review of the objectives and policies of the adopted Comprehensive Plan was conducted
and the following applicable objectives and policies were found.
Conservation Element Policy B-2.5 - Whenever new development or redevelopment is
proposed along a waterway, a canal, an environmentally sensitive area, or an area
identified via Policy B-2.1, an area equivalent to at least 10% of the total area of the
development shall be set aside in an undisturbed state or 25% of native communities shall
be retained pursuant to TCRPC Policy 10.2.2.2. [LDR Section 3.3.4(B)]
This policy is applicable as the property abuts the Intracoastal Waterway. However, the
entire site is in a disturbed state, therefore, 10% of the total development is not required
to be set aside.
Traffic Element Policy C-I.I - Through and nonresidential traffic travel shall be limited
and/or restricted in stable residential areas.
Palm Trail is a local residential street which runs through a stable residential area south
of the subject property and intersects George Bush Boulevard, a commercial corridor to
the north. This link of Palm Trail, between George Bush Boulevard and N.E. 7th Street
(to the south), is located on the perimeter of commercial developments.
Based upon the proposed parking layout,' access to the site ~will be provided primarily
from George Bush Boulevard and traffic exitirig the site will utilize Palm Trail. Also,
marina customers will utilize St. Vincent's Church parking lot, on the west side of Palm
Trail just south of the marina. The utilization of Palm Trail as described is an existing
situation which will not intensify with this proposal. Further, the majority of the traffic
associated with the marina will access the church parking lot from the north, therefore,
there should be minimal traffic impacts on the stable residential area to the south.
Section 3.3.2 {Standards for Rezoning Actions}: Standards A, B and C are not applicable
with respect to this rezoning request. The following is the applicable performance
' standard of Section 3.3.2:
(D) That the rezoning shall result in allowing land uses which are deemed compatible
with adjacent and nearby land uses both existing and proposed; or that if an
incompatibi!ity may occur, that sufficient regulations exist to properly mitigate
adverse impacts from the new use.
P & Z Board Staff Report
Rezoning to SAD (Special Activities District) for Marina Delray
Page 6
Properties north, south and east of the site are zoned RM (Medium Density Residential)
and CF (Community Facilities) to the west. The land uses adjacent to the property
include the following: noah of the property is Palm Tree Place Condominium; south is
Wedgewood Place Condominium; west is St. Vincent's Church; and, east is The
Landings condominium development.
Although the marina and the residences have co-existed for many years, compatibility
with the adjacent residences has been a concern. There are numerous code violations
that exist on this site which include the parking and storage of boats adjacent to George
Bush Boulevard and Palm Trail, and lawn mower repairs. This proposal includes the
installation of a parking arrangement that should improve the current situation and the
installation of landscaping (adjacent to the streets) that will enhance the appearance of
the property. Also, the proposal includes screening of the existing boat racks, which will
mitigate the existing impacts of the development, as well as the elimination of the
existing code violations.
In addition to the above, the adjacent residences have expressed concerns regarding
tying-down the boats that are placed upon the racks and the noise generated by the
marina operation. Currently, the boats that are placed upon the racks, are not tied-
down. The boats are not required to be secured for day-to-day operations. However, in
the case of a hurricane, the boats must be tied-down. In the event of a hurricane
warning, these boat racks will be inspected by City officials as part of the City's
Hurricane Preparedness Program. With respect to noise, the residents are particularly
concerned with noise created by the boat and engine repak aspect of the marina during
the early morning and evening hours. This can be mitigated by limiting the boat repair
aspect of the operation to the hours orS:00 a.m. to 6:00 p.m. The restriction would not
apply to the normal docking function of the marina as it would be inappropriate to limit
the hours in which marina patrons could access and operate their boats.
Section 2.4.5(D)(5) (Rezonint Findings):
Pursuant to Section 2.4.S(D)(5) (Findings), in addition to provisions of Section 3.1.1, the
City Commission must make a finding that the rezoning fulfills one of the reasons for
which the rezoning change is being sought. These reasons include the following:
a. That the zoning had previously been changed, or was originally established,
in error;
b. That there has been a change in circumstances which make the current
zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property
based upon circumstances particular to the site and/or neighborhood.
P & Z Board Staff Report
Rezoning to SAD (Special Activities District) for Marina Delray
Page 7
The applicant has submitted a justification statement which states the following:
"Item "c" applies to the request. We are requesting to renew the expired SAD zoning.
The existing use of the Marina is only provided for within the SAD zone district."
Comment: Item "c" is the basis for which the rezoning should be granted. Full service marinas
are only allowed within the SAD zone district. The SAD zoning is more appropriate given the
existing use of the property as a marina which has existed at this location for many years.
Approval of the SAD zoning will result in substantial upgrades to the site, thus eliminating, a
blighted situation. The improvements proposed in conjunction with the establishing the SAD
zoning will be an inducement the area and may encourage redevelopment and development of
surrounding properties. Based upon the above, it is appropriate to re-establish the SAD zoning
for this property.
SITE PLAN ANALYSIS:
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be addressed by
the body taking final action on the site and development application/request.
Perimeter Setbacks for SADs
Pursuant to Section 4.4.25(D)(1), a minimum setback of 15 feet shall be established
around the perimeter of any property developed, under the S/(D designation. Within the
front and any side street setback, a 15 foot setback area shall be a landscape setback area
and no pavement shall be allowed therein except for pedestrian ways and driveways
which provide access to the property and which are generally perpendicular to the
abutting street.
Along George Bush Boulevard and Palm Trail the required 15 foot landscape setback
has not been provided. This is an existing nonconforming situation which has existed for
many years. Accommodating the 15 foot landscape area would require elimination of all
parking on this site, which is not a desirable situation. The development proposal which
provides landscaping adjacent to the abutting streets will decrease this nonconformity,
which is a betterment to the property.
Parldne Requirements
Pursuant to LDR Section 4.6.9(C)(7)(k), marinas shall provide 5 parking spaces per
1,000 sq.f~, of total floor area of any building devoted to marina use plus 1 space per
boat slip. Also, retail sales (boat sales) requires 4.5 spaces per 1,000 sq.~. of total floor
area, and the 1 bedroom apartment requires 2 parking spaces. In addition, the previous
SAD included a requirement of 1 space per every space in the dry dock storage (boat
rack), for a total of 50 additional spaces. That requirement was excessive, as most boats
P & Z Board Staff Report
Rezoning to SAD (Special Activities District) for Marina Delray
Page 8
stored in this manner are kept on a relatively long-term basis, with intermittent use.
While there should be a certain number of spaces required for this use, it is probably
more appropriate to base it on the floor area of this use. At approximately 1,600 sq.fi.
of floor area, the boat racks would require 8 parking spaces. Based upon the above, the
parking calculations are as follows:
* 4,787 sq.fi, marina use = 24
* 16 boat slips = 16
* 1,300 sq.fi, boat sales = 6
* 1 bedroom apartment = 2
Total Spaces Required = 48
The proposal calls for 10 parking spaces along George Bush Boulevard and 2 spaces
within the garage (for the residence) at the southwest comer of the site. It is noted that
an additional parking space can be provided at the northwest comer of the site, within
the area between the building and former gas pump island, thus providing 13 spaces on
site.
It should be noted that there is an informal arrangement with St. Vincent's Church
(across Palm Trail) for marina customers to use the church's parking lot. This is not a
binding agreement, and the church has been reluctant to enter into any kind of formal
arrangement. However, they have allowed the parking for many years, and have verbally
stated that it can continue indefinitely. The deficiency in required parking on this site is a
"grandfathered" (nonconforming) situation which has existed for many years. This
proposal will reduce this nonconformity and makes provision for overflow parking in the
immediate area.
Right-of-Way Dedication
George Bush Boulevard - Pursuant to the Section $.3.1(D)(2), as George Bush
Boulevard is a City collector, an ultimate right-of-way width of 80 feet is required.
Currently, only 35 feet south of the centerline exists, therefore a dedication of 5 feet is
required. The plans show the dedication of that 5 feet of right-of-way. However, if the
right-of-way is dedicated, the parking along George Bush Boulevard would encroach
. into public right-of-way. As the travel lanes are restricted due to the bridge at the
Intracoastal Waterway and there are no plans to widen the bridge, it may be appropriate
to obtain a reservation of right-of-way rather than the dedication. This, would allow the
proposed parking to be located with this $ foot wide area.
Palm Trail -, The right-of-way width for Palm Trail is currently 40 feet. Pursuant to
Section 5.3.1(D)(2), the ultimate right-of-way width for Palm Trail is 60 feet which
requires a right-of-way dedication of 10 feet. The proposal calls for a 5 foot right-of-
way dedication from this property. However, a reduction in the required right-of-way
width may be granted by the body having approval authority of the associated
development application provided that the reduction is supported by the City Engineer;
that the full dedication would constitute a hardship and all required improvements will be
P & Z Board Staff Report
Rezoning to SAD (Special Activities District) for Marina Delray
Page 9
provided in a manner that will not endanger public safety; and, that alternative provisions
are made to accommodate those features which would otherwise be accommodated
within the fight-of-way.
The applicant has requested that the required right-of-way width for Palm Trail be
reduced to 50 feet. The City Engineer has determined that 60 feet of right-of-way is not
necessary for Palm Trail and that the required sidewalk can be accommodated within the
dedicated 5 feet. Also, the dedication would severely impact the ability to provide the
necessary circulation, loading and parking areas on this site.
Plattin~
The property currently has a metes and bounds description. As right-of-way dedications
and reservations are necessary, and public improvements are proposed i.e water main
and fire hydrant installation, the property must be platted pursuant to Chapter 5 of the
Land Development Regulations. The plat instrument can be in the form of a boundary
plat and conditioned on recordation prior to issuance of a Certificate of Occupancy for
the proposed apartment.
Site Plan Technical Items:
The following are items do not require specific action of the Board, however, the items must be
addressed with the submittal of revised plans.
1. The handicap parking space should be located immediately north of the building's
entrance.
2. Along the west side of the property, the driveway/loading area width should be reduced
to 12 feet and the landscape island increased to 8 feet in width, to increase the landscape
buffer.
3. At the northwest comer of the site, within the area between the building and former gas
pump island, an additional parking space should be accommodated and the paved area
south of the concrete pad removed and landscaping provided.
Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As described in
Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan
Actions.
Section 2.4.5(F)f5~ (Site Plan Findings):
Pursuant to Section 2.4.5(F)(5) (Compatibility Findings), in addition to provisions of
Chapter Three, the approving body must make a finding thnt the development of the
property pursuant to the site plnn will be harmonious with the ndjacent and nearby
properties and the City as a whole, so as not to cause substantial depreciation of property
values.
P & Z Board Staff Report
Rezoning to SAD (Special Activities District) for Marina Delray
Page l0
As previously stated, the marina has existed at this location for many years. The residents to the
south are buffered from the marina by a 6 foot high c.b.s, wall and an established tree line. The
proposed improvements which include landscaping and parking upgrades, enclosing/screening
the existing boat racks, and exterior improvements to the existing structures, will provide the
upgrades necessary for a property that has been neglected for many years. These improvements
will enhance rather than depreciate property values of the adjacent properties.
OTHER ITEMS:
Landscape Agreement
As stated previously, a 15 foot perimeter landscape area is required along both George Bush
Boulevard and Palm Trail. Due to the site constraints, this required landscaping would eliminate
parking. Within the George Bush Boulevard and Palm Trail there is excess pavement that is to
be removed to provide a landscape area. Within this area, the applicant has agreed to provide
trees as well as hedge material which will be irrigated and maintained by the property owner. A
formal landscape maintenance agreement must be submitted by the applicant in a form
acceptable to the City Attorney. ~
SAD Site Plan Modification Review and Approval Process:
Substantial changes to an SAD including increases in intensity, change of uses etc. should
continue to be reviewed by both the Planning and Zoning Board and the City Commission.
However, minor changes to SAD site plans should not. Therefore, it is recommended that the
Board remand any modifications to this site plan for this project to the Site Plan Review and
Appearance Board (SPRAB) for approval. In addition, language should be added to the SAD
ordinance specifying that future modifications which are not substantial and do not deal with
intensity or type of uses can be reviewed by SPRAB and processed as site plan modifications.
REVIEW BY OTHERS:
The rezoning is not in a geographic area requiting review by the CRA (Community
Redevelopment Agency), DDA (Downtown Development Authority) or the I-IPB (Historic
Preservation Board).
Site Plan Review and Appearance Board
If the rezoning is approved, the landscape plan and building elevations will be reviewed by the
Site Plan Review and Appearance Board.
Public and Courtesy Notices:
Formal public notice has been provided to property owners within a 500 foOt radius of the
subject property. In addition, Courtesy notices were provided to the following homeowner's
and neighborhood associations:
P & Z Board Staff Report
Rezoning to SAD (Special Activities District) for Marina Delray
Page 11
* Beach Property Owners
* Northeast Neighborhood
* La Hacienda
* North Federal Highway Task Team
* Palm Trail Association
* Progressive Residents of Delray (PROD)
* Unite Property Owners
Letters of objection, if any, will be presented at the Planning and Zoning Board meeting.
ASSESSMENT AND CONCLUSION:
The re-establishment of the SAD zoning for the subject property is consistent with the policies
of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Also, positive
findings can be made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that the SAD is
more appropriate given the existing use of the property as a full service marina. In conjunction
with the SAD zoning, an attendant site plan has been provided which shows landscape and
parking upgrades adjacent to George Bush Boulevard. Additional improvements to the site are
also proposed which include screening the existing boats and building improvements. These
improvements will be an inducement to the area and may encourage redevelopment and
development of surrounding properties.
ALTERNATIVE ACTIONS:
A. Continue with direction.
B. Recommend approval of the rezoning request t~ SAD based upon positive findings with
respect to Chapter 3 (Performance Standards), Section 2.4.5(D)(5) (Rezoning Findings),
and Section 2.4.5(F)(5) (Site Plan Findings) of the Land Development Regulations, and
policies of the Comprehensive Plan.
C. Recommend denial of the rezoning request to SAD based upon a failure to make a
positive finding with respect to Chapter 3.3.2 (Compatibility), and that pursuant to
Section 2.4.5(D)(5) the rezoning falls to fulfill at least one of the reasons listed.
STAFF RECOMMENDATION:
Recommend to the City Commission approval of the rezoning to SAD (Special Activities
District) for Marina Delray based upon positive findings with respect to Chapter 3 (Performance
Standards), Section. 2.4.5(D)(5) (Rezoning Findings), and Section 2.4.5(F)(5) (Site Plan
Findings) of the Land Development Regulations, and policies of the Comprehensive Plan,
subject to the following conditions:
1. That the boat repair aspect of the marina operation be limited to the hours of 8:00 a.m.
to 6:00 p.m.;
2. That a 5 foot right-of-way reservation be provided for George Bush Boulevard;
P & Z Board Staff Report
Rezoning to SAD (Special Activities District) for Marina Delray
Page 12
3. That a waiver be granted to Section 5.3.1(D)(2), to reduce the ultimate right-of-way
width for Palm Trail from 60 feet to 50 feet, thus requiring dedication of 5 feet of right-
of-way;
4. That a landscape maintenance agreement be executed in a form acceptable to the City
Attorney;
5. That the property be platted pursuant to Chapter 5 of the Land Development
Regulations and recorded prior to issuance of a Certificate of Occupancy for the
apartment;
6. That a clean out must be installed on the sewer lateral which extends from the main onto
the site; and,
7. That revised plans be submitted addressing the "Site Plan Technical Items" identified in
this Staff'Report.
Attachments:
* Appendix B
* Location/Zoning Map
* Site Plan
* Landscape Plan
APPENDIX B
STANDARDS FOR SITE PLAN ACTIONS
A. Building design, landscaping, and lighting (glare) shah be such that they do not
create unwarranted distractions or blockage of visibility as it pertains to traffic
circulation.
Not applicable
Meets intent of standard X
Does not meet intent
B. Appropriate separation of travelways is made for vehicles, bicycles, and
pedestrians in a manner consistent with objective D-1 of the Traffic Element.
Not applicable
Meets intent of standard X
Does not meet intent
C. Open Space enhancements described in Ope~ Space and Recreation Objective B-l,
are appropriately addressed.
Not applicable
Meets intent of standard X
Does not meet intent
D. That any street widening associated with the development shah not be detrimental
upon desired character and cohesiveness of affected residential areas.
Not applicable X
Meets intent of standard
Does not meet intent
E. Development of vacant land which is zoned for residential purposes shall be
planned in a manner which is consistent with adjacent development regardless of
zoning designations.
Not applicable X
Meets intent of standard
Does not meet intent
F. Vacant property shall be developed in a manner so that the future use and
intensity are appropriate in terms of soil, topographic, and other applicable
physical considerations; complementary to adjacent land uses; and
remaining land use needs.
Not applicable X
Meets intent of standard
Does not meet intent
G.In order to provide for more balance demographic mix, the development of "large
scale adult oriented communities" on the remaining vacant land is discouraged.
Not applicable X :
~ Meets intent of standard
Does not meet intent