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02-94A PUBLIC HEARING w(ll be tmkl mt the hNtowin~ proposed O~linanc~ 7:~ P~., (~ at any c~ln~ mi~), ~ 'T~y, F~ 1~4, in ~ Ci~ C~mi~ C~ ~s, I~ N.W. 1st A~, ~lray at ~ ~ice of ~ C~ CI~ at B~, F~l~, ~ 8:~ A,~ ~ P.M., ~y t~ F~iMy~ exc~ ~ to t~ ~ ~di~. AN ORDINANCE ~ THE cite: ~t~tON OF TH~ CITY O~ ~EL~ ENTLY ZONED GC (GENERAL C~ERCIAL) DISTRICT, IN .SAD (SPECIAL ACTIVITIES} DISTRICT, BEING A 1.75 ACRE PARCEL OF LAND LOCATED ~UTH OF S.E. 4TH STREET BETWEEN THE FEC RA~L- ROAD AND S.E. 1ST AVENUE AND ~ENDING ~ONING ~P OF DEL- RAY BEACH, FLORIOA, 1~; PR~ VIDING A ~VINGS C~USE, A GENERAL REPEALER C~USE, AND AN EFFECTIVE DATE. AN OROINANCE OF T~ CITY CO~ MI~I~ OF THE CITY OF ~LRAY BEACH~ FLORIDA, ZONINGANO P~CiNG ~ND PRESENTLY ZONED NC (NEIGH~R~D MERCIAL) DISTRICT IN R-I~ {SINGLE F~ILY RESIDENTIAL) OISTRICT; SAtO ~0 BEING L~ CATEO AT THE NORTHEAST COR- NER OF THE INTERSECTI~ OF N.E. ~ND STREET AND SEACREST BO~EVARD; AND ~ENOING ~ING ~P OF DELRAY BEACH, FLORID~ 1~; PROVIDING A GENERAL REPEALER C~USE, A SAVING C~USE, AHO AN EFFEC- TIVE OATE.~ . AN ORDINANCE OF THEC[TY CO~ ~ISSION OF THE CiTY OF DELRAY B~CH, FLORIDA, MOOIFYtNG THE CO. UNITY REDEVELOP- MENT P~N F~ THE CITY OF DELRAY BEACH, FLORID~ IH ITS ENTIRETY; FINDING THAT THE MOOIF~CATION CONFOR~ TO THE CO.UNITY REOEVE~P- ~ENT ACT OF 1~, AS ~ENDED; F~NOING THAT THE MOOIFIC~ TION 15 CONS~TENT WITH THE CITY OF OELRAY ~ACWS C~ PREHENSIVE P~N, AND ~K;NG FURTHER FINOINGS ~RSUANT TO THE APPLI~BLE RE- QUIREMENETS OF FLORI~ STAT- UTES SECTION 1~.~(6)(7); VIDING A SAVING C~USE AND AN EFFECTIVE DATE. Pl~ ~ ~i~ ~at ~ a ~ ~ ~ ~ a~l any m~ by t~ Ci~ C~mi~ wi~ r~ ~ ~ a~y ma~ c~si~r~ al ~is ~l~ ~ ~ari~, s~ ~(s) ~(s) may ~ to e~re t~t a ~t;m r~ ~1~ t~ ~i~ and ~e u~ ~ich ~ ~1 F~S. 2~.010S. CITY:OF DELRAY BEACH Ali~.MacG~ C~ Cl~k P~L~H: ~ I1, ~ THE (:lTV DF I)ELRI:I',' BEIlgH 100 N.W. 1st AVENUE OELRAY BEACH, FLORIDA 33444 407 243-7000 CITY CLERK'S OFFICE FAX COVER SHEET FROM: CITY OF DELRAY BEACH/CITY CLERK'S OFFICE DATE(S) OF PUBLICATION: ~-- 1l -- ~ TOTAL NUMBER OF PAGES: ~ (including cover sheet) PHONE NUMBER: ~)~ ~g3 -- 7D ~--~ If you do not receive all the pages, please call as soon as possible and ask for individual (sender) noted above. The following information is to be filled out by the recipient. Received By: Date & Time: Confirm Publication Date(s): Name of Individual Receiving Document(s): Please return fax a copy of this cover sheet with the above information completed to Fax No. 243-3774. Thank you for your cooperation! THE EFFORT ALWAYS IV~ATTERS NOTICE OF PUBLIC HEARIN$ A PUBLIC HEARING will be held on the following proposed Ordinances at 7:00 P.M., (or at any continuation of such meeting which is set by the Commission), on Tuesday, February 22, 1994, in the City Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, at which time the City Commission will consider their adoption. The proposed Ordinances may be inspected at the Office of the City Clerk at the City Hall, 100 N.W. 1st Avenue, Delray Beach, from 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. 2-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING A 1.75 ACRE PARCEL OF LAND LOCATED SOUTH OF S.E. 4TH STREET BETWEEN THE FEC RAILROAD AND S.E. 1ST AVENUE AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1993"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 4-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) DISTRICT IN R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND BEING LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF N.E. 22ND STREET AND SEACREST BOULEVARD; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1993"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 5-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH, FLORIDA, IN ITS ENTIRETY; FINDING THAT THE MODIFICATION CONFORMS TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATION IS CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTES SECTION 163.360(6)(7); PROVIDING A SAVING 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 February 11, 1994 Alison MacGregor Harry City Clerk ORDINANCE NO. 2-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING A 1.75 ACRE PARCEL OF LAND LOCATED SOUTH OF S.E. 4TH STREET BETWEEN THE FEC RAILROAD AND S.E. 1ST AVENUE AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1993"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described shown on the Zoning District Map of the Cityof Delray Beach, Florida, dated September 1~, 1993, as being zoned GC (General Commercial) District; and WHEREAS, the property owner petitioned the City for a rezoning of the proeprty described herein; and WHEREAS, the Planning and Zoning Board, at the meeting held on December 20, 1993 recommended rezoning and placing land presently zoned GC (General Commercial) District, in SAD (Special Activities) District with certain expressed conditions; and, WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated September 14, 1993 be corrected to reflect the proper zoning classification. 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 rezoned and placed in the SAD (Special Activities) District: A parcel of land in that part of Lot 1, Block 1, Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida, as recorded in Plat Book 1, Page 128, Palm Beach County Records said parcel being more particularly described as follows: From the northwest corner of said Lot 1, run thence East on the North Line of said Lot 1, a distance of 428.30 feet to the intersection with the Westerly right of way line of the F.E.C. Railway; thence run Southwesterly on said right of way line, a distance of 25.26 feet to the intersection with the Southerly right of way line of S.E. 4th Street, said inter- section being the point of beginning; thence continue Southwesterly along the said Westerly right of way line of the F.E.C. Railway, a distance of 643.26 feet to an intersection with the South line of said Lot 1, Block 1; thence Westerly along said South line, a distance of 113.78 feet; thence Northerly, parallel~ with the West line of Said Lot 1, Block 1, a distance of 496.66 feet; thence Easterly parallel with the said North line of Lot 1, Block 1, a distance of 161.63 feet; thence North- easterly parallel with the said Westerly right of way line of the F.E.C. Railway, a distance of 141.46 feet to an intersection with the said Southerly right of way line of S.E. 4th Street; thence Easterly, along said Southerly right of way line, a distance of 20.00 feet to the point of beginning a/k/a 415-475 S.E. 1st Avenue, Delray Beach, Florida. This property is located South of S.E. 4th Street between the FEC Railroad and S.E. 1st Avenue; containing a 1.75 acre parcel of land, more or less. Section 2. That the uses permitted for the subject property described in Section 1, above, are hereby limited to the following uses: (1) General retail uses including, but not limited to: Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectionaries, cosmetics, meats, draperies and slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home furnishings, ice cream, lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. (2) Business and Professional uses including, but not limited to: Interior decorating, medical and dental clinics, medical and dental laboratories, photographic 2 ORD. NO. 2-94 studios, printing and publishing, professional offices, (3) Automobile brokerage, including vehicle display within an enclosed structure, but excluding any preparation, service, or repair work. (4) Services and Facilities including, but not limited to: Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site processing for customer pickup only, dry cleaning and laundry pickup stations, laundromats limited to self-service facilities, pet grooming, restaurants excluding drive-in and drive-through, outdoor cafes, tailoring, tobacconist, vocational schools limited ~o arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-judo, and small item repair. Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, museums, libraries, newsstands, commercial or public parking lots and parking garages. (5) Warehouses for storage of merchandise when accessory to and located on the same parcel of land as the primary commercial use; (6) Sign shops, woodworking shops, upholstery shops, custom fiberglass shops, cabinet shops, and perfume processing; (7) Storage; (8) Canvas awning construction and sales; (9) Contractor's offices; (10) Dry cleaning plants; (11) Sheet metal fabrication; (12) Marble fabrication and storage; (13) Mirror and glass contractor. Section 3. That the Planning Director of said City shall, upon the effective date of this ordinance change the Zoning Map of Delray Beach, Florida, 1993, to conform with the provisions of Section 1, hereof. 3 ORD. NO. 2-94 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 ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 22nd day of Februar__~=~i=%__, 1994. ATTEST: Cit~l(rk / ! .... First Reading January 11, 1994 Second Reading February 22', 1994 4 ORD. NO. 2-94 AVENU[ A TL AN'~IC A V[NL' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ / O ~ _ MEETING OF FEBRUARY 22. 1994 ORDINANCE NQ. 2-94 DATE: FEBRUARY 18, 1994 This is a public hearing of an ordinance rezoning a 1.75 acre parcel of land from General Commercial (GC) to Special Activities District (SAD). The subject property is located south of S.E. 4th Street, between the FEC Railroad and S.E. 1st Avenue. A detailed staff report is attached which reviews the background and various issues concerning this item. At the December 20, 1993 meeting, the Planning and Zoning Board unanimously recommended approval of the SAD request on an interim basis until a new zoning district is created which is more appropriate for properties within the Central Business District (CBD) industrial areas, or until the overall situation is otherwise resolved. Recommend approval of Ordinance No. 2-94 on second and final reading. CITY COMMISSION DOCUMENTATION TO: ~~N, CITY MANAGER THRU: DIANE DOMINGUE~Z~~ FROM: PAUL DORr. IN~G'ENIOR PLANNER SUBJECT: MEETING OF FEBRUARY 22, 1994 SECOND AND FINAL READING OF AN ORDINANCE REZONING PROPERTY LOCATED SOUTH OF S.E. 4TH ST.~ BETWEEN THE FEC RAILROAD AND S.E. 1ST AVENUE~ FROM GENERAL COMMERCIAL (GC) TO SPECIAL ACTIVITIES DISTRICT (SAD). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on second and final reading of an ordinance rezoning property from General Commercial (GC) to Special Activities District (SAD). The property is located south of S.E. 4th Street between the FEC railroad and S.E. 1st Avenue. BACKGROUND: First reading of this rezoning request was approved by the City Commission on January 11, 1994. Normally a petition for SAD zoning is to be accompanied by a site plan. The site plan for this petition was not available on first reading, as the applicant chose an alternative processing schedule pursuant to Section 4.4.25 (C) ( 2 ). That schedule allowed for initial consideration of the use issues related to the proposed zoning, with deferral of the site plan to second reading. Following approval of the rezoning on first reading, a site and development plan was submitted for the project. City Commission Documentation SSB / SAD Ordinance Page 2 The site plan provides the following improvements to the existing buildings and paved area: * Enhancement of the existing landscaping along 1st. Avenue with ixora hedging and hibiscus trees; * Installation of a 6' wide perimeter landscape strip along the south property line, to include trees and ficus hedging; * Upgrading of the elevations through repainting; and * Provision of an overall unified sign package (i.e. master sign program). The attached Planning and Zoning Board staff report provides a more detailed analysis of the plan. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered the site development plan for the property at its meeting of January 24, 1994. The Board recommended approval of the site development plan as submitted by a vote of 6 to 0 with the following conditions: * An increase in the height of the hedge along the south property line to a minimum of 4 1/2 feet. * Repair of the roof drainage to eliminate drainage down the building's east face. * Addition of notes on the plans which call for broken windows and doors to be replaced and/or repaired. RECOMMENDED ACTION: By motion, Approve on second reading an ordinance changing the zoning from GC (General Commercial) to SAD (Special Activities District), with the accompanying site plan, on an interim basis until a new zoning district is created which is more appropriate for properties within the CBD industrial areas, or until the overall situation is otherwise resolved. Said approval is based upon positive findings with respect to Section 3.1.1, Section 3.3.2, and Section 2.4.5 (D)(5), and policies of the Comprehensive Plan. Attachments: * Copy of site plan * P&Z site plan staff report * List of proposed uses (Exhibit A) PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: MEMBERS, PLAN~NING AND ZONING BOARD FROM: PAUL DORLING, ~ENIOR PLANNER SUBJECT: AGENDA ITEM III. D. CONSIDERATION OF A SITE PLAN IN ASSOCIATION WITH REZONING FROM GENERAL COMMERCIAL (GC) TO SPECIAL ACTIVITIES DISTRICT (SAD) FOR A PARCEL OF LAND LOCATED SOUTH OF S.E. 4TH ST., BETWEEN THE FEC RAILROAD AND S.E. 1ST AVENUE. ITEM BEFORE THE BOARD: The item before the Board is that of approval of a site development plan associated with the proposed SAD rezoning of the SSB Associates property. The property is located south of S.E. 4th Street, between the FEC railroad and S.E. 1st Avenue. BACKGROUND.' The Planning and Zoning Board considered the related rezoning request [GC (General Commercial) to SAD (Special Activities District)] on September 20, 1993, at which time the petition was continued to October 18, 1993, and subsequently to the December 20, 1993 meeting. The purpose of the continuances was to allow time for the CBD Industrial Land Use Committee to work on the plan to address uses in the downtown railroad corridor. On December 20, 1993 the Planning and Zoning Board unanimously recommended approval (5-0) of the SAD request on an interim basis until a new zoning district is created which is more appropriate for properties within the CBD industrial areas, or until the overall situation is otherwise resolved. On January 11, 1994 the City Commission approved the SAD request on first reading. The SAD request is being processed under the alternative processing scheduling, pursuant to Section 4.4.25 (C)(2), which allowed the SAD proposal to proceed to first reading without an accompanying site plan. After approval on first reading, and prior to the second reading, a site development plan depicting landscape upgrades and related improvements is to be processed through, and approved by the Planning and Zoning Board. That related site plan request is before the Board. III~Do SSB Site Development Plan P&Z Memorandum Report Page 2 SITE PLAN ANALYSIS: During consideration of the SAD request concerns with respect to compatibility of the proposed uses and existing buildings with adjacent residential properties were raised. The Board direction was that a site/landscape plan be provided which accommodated the following; * Enhancement of the existing landscaping along 1st. Avenue * Installation of a 6' wide perimeter landscape strip along the south property line with trees and shrubs * Upgrading of the elevations including repainting, repair and or replacement of broken windows and garage doors. * An overall unified sign package i.e. master sign program. * Possible installation of rolling gates at entrances along 1st Avenue. The site development plan provides additional landscape material along S.E. 1st Avenue and the south property line. The material along S.E. 1st Street consists of 2'to 4' high Ixora hedging, massings of Liriope and three 6' Hibiscus standards. The material along the south property line includes 2' high ficus hedging and 12' high trees (30' on center). The proposal also includes repainting of the building and trim to Carmel Beige and Mushroom colors which are similar to the existing colors. A unified sign package detail has been provided. During review of the site plan submittal and a site visit the following concerns were identified; * Pursuant to Section 4.6.4 (A) the height of the hedging separating commercial property from residential property is to be a minimum height of 4 1/2'. The proposed hedging along the south property line must be increased to meet the required minimum. * During a site visit it is noted that roof drainage seeps down the east side of the the two southern buildings causing black mold stains. The roof drainage should be modified to alleviate this condition prior to the repainting of the wall surfaces. * No commitment has been made to repair broken windows and doors. The repair of these items should be added as a condition of approval. * The feasibility of providing rolling gates across the entries was explored. Given the potential of being a eye sore and their minimal screening value they have not been provided. SSB Site Development Plan P&Z Memorandum Report Page 3 Required Findinqs .' The standard findings required with Site Development Approval are Sections 3.1.1 ( Required Findings ) and Section 3.3 · 3 (Standards for Site Plan Actions). Positive findings with respect to Section 3.1.1 have been made during the rezoning hearings (GC to SAD). The applicable findings under Section 3.3.3 include; (A) Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. (B) Appropriate separation of travelways is made for vehicles, bicycles, and pedestrians in a manner consistent with objectives D-1 of the Traffic Element. (C) Open space enhancements described in Open Space and Recreation Objective B-l, are appropriately addressed. While these standards apply to most SAD requests this proposal before the Board is a unique situation. With this development proposal we are dealing with existing buildings, parking and landscape areas. During consideration of the SAD request the Board direction to the applicant was to bring the site as much into compliance as possible with current standards without negatively effecting already deficient parking and circulation patterns. This proposal accomplishes that directive and meets the above standards to the greatest degree possible. S T A F F R E C 0 M M E D A T I 0 N.' Approve the site plan for the SSB property upon positive findings of Section 3.1.1 and Section 3.3.3 and subject to the provision of notes on the plans which indicate the following; · An increase in the height of the hedge along the south property line to a minimum of 4 1/2 feet. · Roof drainage is to be repaired to eliminate drainage down the building's east face. · Broken windows and doors are to be replaced and/or repaired. Staff Report prepared by: Paul Dorligg, Senior Planner Report reviewed by David Kovacs on 1~0/94 y:ssb Exhibit A PROPOSED SAD USES (1) All uses allowed as such within the GC District [Section 4.4.9 (B)(1)&(2)] as follows; (B)(1) General retail uses including, but not limited to: * Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectionaries, cosmetics, meats, draperies and slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home furnishings, ice cream, lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines, Jewelry. (B)(2) Business and Professional uses including, but not limited to: * Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, professional offices, (2) Automobile brokerage, including vehicle display within an enclosed structure, but excluding any preparation, service, or repair work. (3) Services and Facilities including, but not limited to: * Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site processing for customer pickup only, dry cleaning and laundry pickup stations, laundromats limited to self-service facilities, pet grooming, restaurants excluding drive-in and drive-through, outdoor cafes, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-Judo, and small item repair. * Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, museums, libraries, newsstands, commercial or public parking lots and parking garages. (4) Warehouses for storage of merchandise when accessory to and located on the same parcel of land as the primary commercial use; (5) Sign shops, woodworking shops, upholstery shops, custom fiberglass shops, cabinet shops, and perfume processing; (6) Storage; (7) Canvas awning construction and sales. (8) Contractor's offices; (9) Dry cleaning plants (10) Sheet metal fabrication (11) Marble Fabrication and Storage (12) Mirror and glass contractor