56-94 ORDINANCE NO. 56-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED MIC (MIXED INDUSTRIAL AND COMMERCIAL)
DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT;
SAID LAND BEING LOCATED AT THE NORTHWEST CORNER OF
CONGRESS AVENUE AND N.W. 1ST STREET; AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
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 April,
1994, as being zoned MIC (Mixed Industrial and Commercial) District;
and
WHEREAS, at its meeting of June 20, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item and voted 6 to 0 to recommend approval of the
rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~_~ That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of CF (Community
Facilities) District for the following described property:
A parcel of land in the North One-Half of the
Southwest One-Quarter of the Northeast One-Quarter of
Section 18, Township 46 South, Range 43 East, in Palm
Beach County, Florida, being described as follows:
Commencing at the intersection of the East
right-of-way line of Lake Worth Drainage District
(LWDD) Canal No. E-4, with the South line of the
North One-Half of the Southwest One-Quarter of the
Northeast One-Quarter of Section 18, Township 46
South, Range 43 East, in Palm Beach County, Florida;
thence North 11 degrees 48'50" East along said East
right-of-way line of LWDD Canal No. E-4, a distance
of 20.39 feet to the Point of Beginning, said point
being the intersection of the East right-of-way line
of LWDD Canal No. E-4, with the North right-of-way
line of N.W. 1st Street (a/k/a Don Francisco's Way),
as recorded in Official Record Book 2321, Page 1894,
of the Public Records of Palm Beach County, Florida,
said line being parallel to and 20 feet Northerly
from the South line of the North One-Half of the
Southwest One-Quarter of the Northeast One-Quarter of
said Section 18; thence South 89 degrees 21'29" East
along said North right-of-way line a distance of
604.27 feet to the West right-of-way line of Congress
Avenue as shown on Palm Beach County Right-of-Way
Drawing No. 85-045 R/W for Congress Ave.; thence
North 00 degrees 19'14" West along said West
right-of-way line, a distance of 605.09 feet; thence
North 89 degrees 21'29" West along a line parallel to
and 625 feet northerly from the South line of the
North One-Half of the Southwest One-Quarter of the
Northeast One-Quarter of said Section 18, a distance
of 474.62 feet to the intersection of the East
right-of-way line of LWDD Canal No. E-4; thence South
11 degrees 48'50" West along said East right-of-way
line of LWDD Canal No. E-4, a distance of 616.69 feet
to the Point of Beginning.
The subject property is located at the northwest
corner of Congress Avenue and N.W. 1st Street;
containing 7.49 acres, more or less, subject to
existing easements, restrictions, and reservations of
record.
~_~ That the Planning Director of 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 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~_~ 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 5. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
- 2 - Ord. No. 56-94
PASSED AND ADOPTED in regular session on second and final
reading on this the 19th day of JULY , 1994.
ATTEST:
~ City C~erk '
First Reading July 5, 1994
Second Reading July 19, 1994
AKE ~A
N
~ CO-TRAN REZONING
I
COTRAN REZONING
File Number: 94-112-REZ-CCA
The following list of documents are contained in this file as of
7/14/94:
1.) Letter of 3/20/94 from Vincent J. Bonvento, Assistant County
Administrator to David Harden - RE: "Meeting David Harden had
with County Staff to discuss Possibility of Location of
CoTran".
2.) Special Notice to Neighborhood Associations, Date Mailed:
April 5, 1994 - RE: "CoTran".
3.) Letter of 5/6/94 from Paul Schofield [with Rezoning Application
Enclosed] to Diane Dominguez - RE: "CoTran, South County
Satellite Facility".
4.) "Rezoning Application" - Project Name: CoTran South County
.... Satellite Facility; Applicant: Palm Beach County Board of'
County Commissioners; Date Received 5/11/94.
5.) Brochure on RT-52 Transit Coach.
6.) Letter of 5/3/94 from Harris E. Baer to Mayor Lynch - RE:
"Objections to Proposed CoTran Bus Depot". [Diane Dominguez
responded for Mayor Lynch's Signature on 5/12/94]
7.) Letter of 5/16/94 from Cliff Hayden [with Bus Routes/Times
Attachment] to Diane Dominguez - RE: "CoTran Proposed
Satellite Light Maintenance Facility".
8.) Letter of 5/19/94 from Paul Dorling to Audrey Wolf - RE:
"Application of Rezoning from MIC to CF and Conditional use
Request for CoTran".
9.) Letter of 5/24/94 from Paul Schofield to Paul Dorling - RE:
"Additional Information Requested on the CoTran Rezoning".
10.) Letter of 6/1/94 from High Point of Delray Condominium
Association - Section IV, Inc., Board of Directors to Mayor
Lynch - RE: "Objections to Proposed CoTran Bus Depot".
11.) Letter of 6/7/94 from High Point of Delray Condominium
Association - Section I, Inc., Board of Directors to Mayor
Lynch - RE: "Objections to Proposed CoTran Bus Depot".
12.) Fax of 6/2/94 from Paul Schofield to Paul Dorling - RE:
"Traffic Generation Numbers".
Appeal of Administrative Decisions
~oTran Rezoning
Page 2
13.) Letter of 6/3/94 from Paul Schofield to Paul Dorling - RE:
"Revised Traffic Report [Enclosed] for CoTran". Enclosure:
Inter-Office Communication - Palm Beach County of 6/1/94 from
Dan Wiesberg [with Traffic Concurrency Application Attachment]
to Paul Schofield - RE: "Analysis of the Traffic Impacts of
the Proposed CoTran Satellite Facility".
14.) Letter of 6/7/94 from High Point of Delray Condominium
Association - Section I, Inc., Board of Directors to Mayor
Lynch - RE: "Objections to Proposed CoTran Bus Depot".
15.) Letter of 6/8/94 from Stanley G. Tate, Adjacent Owner, to
proposed CoTran Bus Deport to Mayor Lynch - RE: "Objections to
Proposed CoTran Bus Depot".
16.) "Public Notice, File # 94-112", Date Mailed: June 9, 1994,
[Location Map & Mailing Labels Attached].
17.) "Newspaper clipping" of 6/9/94 [The News] on CoTran Bus.
18.) Planning and Zoning Board Staff Report, Meeting of 6/20/94 from
Paul Dorling - "Change of Zoning from MIC to CF for CoTran
Satellite Facility".
19.) City Commission Documentation, Meeting of July 5, 1994, from
Paul Dorling [with Planning and Zoning Board Staff Report
Attached] - RE: "First Reading for Ordinance No.
56-94/Rezoning from MIC to CF to Accommodate CoTran Satellite
Bus Facility".
20.) Copy of Ordinance No. 56-94, Meeting of July 5, 1994, [for
first reading].
21.) John Walker's Statement of 8/2/94 - RE: "Comprehensive Plan".
22.) John Walker's Statement of 8/2/94 - RE: "Land Development
Regulations".
T: \Appeals\Cotran. Rez
M E M O R A N D,U M
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM ~ /O'A.- MEETING OF JULY 19. 1994
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO.
56-94/REZONING FROM MIC TO CF TO A¢¢0MMODATE ¢O-TRAN
SATELLITE BUS FACILITY
DATE: JULY 14, 1994
This is second reading and public hearing for Ordinance No. 56-94
which rezones a 7.49 acre vacant parcel from MIC (Mixed Industrial
and Commercial) District to CF (Community Facilities) District.
The subject property is located at the northwest corner of Congress
Avenue and N.W. 1st Street and is proposed in order to accommodate
a satellite facility for the County's bus system.
A detailed staff report is attached which provides a full analysis
of the request.
The Planning and Zoning Board reviewed this item at a public
hearing held June 20, 1994. A synopsis of that hearing is included
in the staff report. After hearing public testimony, the Board
reached a consensus that the development proposal would be an
aesthetic asset, have less impact than uses allowed under the
current MIC zoning, and would create quality jobs. Having made
positive findings in accordance with applicable LDR sections, the
Planning and Zoning Board recommended approval of the rezoning on a
6 to 0 vote.
The concurrent conditional use request to establish a Palm Beach
County Co-Tran satellite bus facility was also recommended for
approval and is before the Commission for consideration following
the public hearing and action on Ordinance No. 56-94.
At the July 5, 1994, regular meeting, Ordinance No. 56-94 was
passed on first reading by a vote of 3 to 1 (Mr. Randolph
dissenting).
Recommend approval of Ordinance No. 56-94 on second and final
reading, based upon positive findings with respect to Chapter 3
(Performance Standards) of the LDRs, policies of the Comprehensive
Plan, and LDR Section 2.4.5(D)(5).
ref: a: agmemo 11
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ IRA - MEETING OF JULY 5. 1994
FIRST READIN~ FOR ORDINANQE NO, ~6-~4/REZONIN~ FROM MIC
TO CF TO ACCOMMODATE CO-TRAN SATELLITE BUS FACILITY
DATE: JUNE 30, 1994
This is first reading for Ordinance No. 56-94 which rezones a 7.49
acre vacant parcel from MIC (Mixed Industrial and Commercial)
District to CF (Community Facilities) District. The subject
property is located at the northwest corner of Congress Avenue and
N.W. 1st Street and is proposed in order to accommodate a satellite
facility for the County's bus system.
A detailed staff report is attached which provides a full analysis
of the request.
The Planning and Zoning Board reviewed this item at a public
hearing held June 20, 1994. A synopsis of that hearing is included
in the staff report. After hearing public testimony, the Board
reached a consensus that the development proposal would be an
aesthetic asset, have less impact than uses allowed under the
current MIC zoning, and would create quality jobs. Having made
positive findings in accordance with applicable LDR sections, the
Planning and Zoning Board recommended approval of the rezoning on a
6 to 0 vote.
The concurrent conditional use request to establish a Palm Beach
County Co-Tran satellite bus facility was also recommended for
approval and will be brought to the Commission for consideration at
second reading of Ordinance No. 56-94.
Recommend approval of Ordinance No. 56-94 on first reading, based
upon positive findings with respect to Chapter 3 (Performance
Standards) of the LDRs, policies of the Comprehensive Plan, and LDR
Section 2.4.5(D)(5). If passed, second reading will be July 19,
1994.
CITY COMMISSION DOCUMENTATION
TO: ~/~VID T. HA~)EN, CITY MANAGER
THRU: DIANE DOMIN~t~EZ ,- DIRE~OR
DEP~RTMENT OF PLANNIN~N ING
FROM: PAUL DORLING,~INClPAL PLKNNER
SUBJECT: MEETING OF JULY 5, 1994
FIRST READING OF AN ORDINANCE REZONING A 7.49 ACRE
PARCEL LOCATED ON THE NORTHWEST CORNER OF N.W. 1ST
STREET AND CONGRESS AVENUE FROM MIC( MIXED INDUSTRIAL
AND COMMERCIAL) TO CF (COMMUNITY FACILITIES).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of a rezoning ordinance affecting
approximately 7.49 acres on the west side of Congress
Avenue north of N.W. 1st Street.
If approved at first reading a concurrent conditional use
request to establish a Palm Beach County Co-Tran satellite
bus facility will accompany the rezoning request at second
reading.
BACKGROUND:
The property is part of a larger tract which includes property
located on the east side of Congress Avenue. While the 7.49
acre site is currently vacant, the southwest corner has been
used in the past as an extension of the junk yard which was
previously located on the east side of Congress (Auto Save,
Inc.), and the center of the site was used as a construction
storage area for Congress Avenue widening.
The proposal is for a change in the zoning from MIC to CF, in
order to accommodate a satellite facility for the County's bus
system.
The attached Planning and Zoning staff report contains
additional information on the background of this property, as
well as a full analysis of the request.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at a
public hearing on June 20, 1994. Five members of the public
spoke in opposition and two in favor of the request. Those who
spoke in opposition cited the following issues relating to the
proposed rezoning and conditional use request.
* Additional traffic on Congress
* Population is vehicle orientated not mass transit
orientated.
* Pollution
* Noise
* Detrimental to surrounding development particularly the
recently approved Delray Club Condominium development.
* Newly created jobs are not guaranteed to Delray
residents.
The people in favor of the request supported the development
proposal citing the following reasons:
* Will bring relatively high paying jobs to the area
* Aesthetic asset to the Congress Avenue corridor
Several letters of opposition and one in support were received
(see attached copies). As the above concerns relate to the
conditional use it would be more appropriate to address them at
second reading when the conditional use will accompany the
rezoning request.
After taking public testimony the Board discussed the proposal
and reached a consensus that the development proposal would be
an aesthetic asset, have less impacts than uses allowed under
the current MIC zoning district, and would create quality jobs.
The Board was able to make positive findings in accordance with
applicable LDR sections, and recommended approval of the
Rezoning and related Conditional Use request on a unanimous 6-0
vote.
RECOMMENDED ACTION:
By motion, approval the ordinance rezoning the subject property
from MIC to CF on first reading, based upon positive findings
with respect to Chapter 3 (Performance Standards) of the Land
development Regulations, policies of the Comprehensive Plan and
Section 2.4.5 (D)(5).
Attachment:
* Planning and Zoning staff report
* Sketch Plan
* Location Map
* Ordinance by others
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE: June 20, 1994
AGENDA ITEM: V~A.
ITEM: CHANGE OF ZONING from MIC to CF for CoTran Satellite Facility.
GENERAL DATA:
Owner .................... Berthe Sendzlmir
c/o Scott Hawkins
Jones, Foster, Johnston
& Stubbs P. A.
Agent .................... Audrey Wolf, Director
Facilities Department
Board of County Co~lssioners
Location ................. Northwest corner of
Congress Avenue and NW
1st Street.
Property Size ............ 7.49 Acres
City Land Use Plan ....... Commerce
City Zoning .............. MIC (Mixed /ndustrtal and
Commercial)
Proposed Zoning .......... CF (Community Facilities)
Adjacent Z6ning...North: MIC
East: MIC
South: MIC
West: RM (Multiple Family
Residential - Medium
Density) and RR (Rural
Residential)
Existing Land Use ........ Vacant.
Proposed Land Use ........ Rezonlng from MIC to CF
to accommodate the
establishment of a
County bus terminal.
Water Service ............ Existing 8" water mains
along Congress Avenue and
a 2' main in NW ist Street.
Sewer Service ............ Existing 8" sanitary sewer
main along the east side
of Congress Avenue,
approximately 400' south
of the subject property.
V.A.
ITEM BEFORE THE BOARD:
The action before the Board is that of making a
recommendation on a rezoning of a 7.49 acre parcel from MIC
to CF.
The property is vacant and located on the west side of
Congress Avenue, north of N.W. 1st Street. The rezoning
action is related to a proposed CoTran satellite facility
for the South County area. An application for Conditional
Use approval for a transportation terminal (bus terminal)
is being processed concurrently with the rezoning, and is
described in a separate report.
Pursuant to Section 2.2.2(E), the Local Planning Agency
(P&Z Board) shall review and make a recommendation to the
City Commission with respect to the rezoning of any
property within the City.
BACKGROUND:
The property is part of a larger tract which includes property
located on the east side of Congress Avenue. While the 7.49
acre site is currently vacant, the southwest corner has been
used in the past as an extension of the Junk yard which was
previously located on the east side of Congress (Auto Save,
Inc.), and the center of the site was used as a construction
storage area for Congress Avenue widening.
On November 8, 1988, the parcel was annexed into the City with
a LI (Light Industrial) zoning designation and Industrial land
use designation.
The site's Industrial land use designation was changed to
Commerce with the adoption of a new Future Land Use Map in
November, 1989. Wi th the adoption of the Land Development
Regulations in October, 1990 the parcel was included in a City
wide rezoning of LI parcels to MIC (Mixed Industrial and
Commercial ).
PROJECT DESCRIPTION:
The rezoning request involves a change in the 7.49 acre parcel
from MIC (Mixed Industrial and Commercial) to CF (Community
Facilities). The rezoning action is related to a Conditional
Use request to establish a CoTran satellite facility which will
serve the South County area. The facility will contain 59
buses, 49 of which will be dispatched from the site during the
day to travel predetermined routes throughout the South County
area. The site will also house 10 para-transit vans which are
small vans which will provide individual door to door service
for the handicapped. The site will contain a 10,000 sq.ft.
maintenance building and a 4,000 sq.ft, administration building.
For further details see description in the Conditional Use staff
report.
P & Z Staff Report
Rezoning for CoTran Satellite Facility
Page 2
ZONING ANALYSIS:
The subject parcel is currently zoned MIC (Mixed Industrial and
Commercial ) and the requested change is to CF (Community
Facility). The surrounding zoning is MIC to the north, south
and east. To the west is currently zoned RR (Rural Residential)
and RM (Residential Medium Density). The existing uses to the
south are Urdls Waterfalls (manufacturing), Jay Ray, Inc.
(retail/industrial), consignment shop/upholstery operation and
window tinting; temporary construction storage and vacant to the
east; automotive repair uses to the north, and three single
family homes and vacant to the west.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the
application, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or
deny the development application. These findings relate to
the 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 requested zoning change is from MIC (Mixed Industrial
and Commercial) to CF (Community Facility). The property
has a Land Use designation of Commerce.
Pursuant to the purpose statement for CF zoning (Section
4.4.21(A)), the CF district is deemed compatible with all
land use designations shown on the Future Land Use Map. The
purpose statement also states that the CF zoning district
is a special purpose zone district primarily intended for
facilities which serve public and semi-public purposes.
Pursuant to Section 4.4.21(C)(8), within the CF zoning
Transportation stations and terminals (bus terminal) are
allowed as a Conditional Use. As previously stated, the
Conditional Use action for this item is being processed
concurrently.
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.
P & Z Staff Report
Rezoning for CoTran Satellite Facility
Page 3
The stated purpose of rezoning the parcels is to accommodate a
CoTran bus terminal. The impact of the use on services such as
water, sewer, solid waste, parks and open space, and drainage
are addressed in the Conditional Use request. The rezoning
request will not have a negative impact with respect to water,
sewer, solid waste, or drainage.
Pursuant to Section 2.4.5(D) with all rezoning requests, traffic
information is required addressing the development of the
property under reasonable intensity pursuant to the existing
and proposed zoning. As the CF zoning district is a site
specific zoning designation the traffic study submitted relates
specifically to 'the proposed CoTran bus terminal use. The
traffic study indicates the proposed use will generate
approximately 508 daily trips. Development under the current
MIC zoning district could potentially generate 2,532 daily
trips. This rezoning and subsequent development of the
facilities results in a potential reduction of traffic of
approximately 2,024 daily trips.
Consistency: Compliance with the performance standards set
forth in Section 3.3.2 (Standards for Rezoning Actions) along
with the required findings in Section 2.4.5 (D)(5) (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 making of a
finding of overall consistency.
Comprehensive Plan policies=
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
objective is noted:
Land Use Element~ Ob~ective A-l: Vacant property shall be
developed in a manner so that the future use and intensity is
appropriate and complies in terms of soil, topographic, and
other applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
The site consists of vacant industrial property which has
been cleared and contains no physical features requiring
special consideration. The Community Facilities
designation is a site specific rezoning request to
accommodate a CoTran bus terminal. The proposed terminal
is less intense than many of the uses currently allowed as
permitted uses under the MIC zoning district. Current
permitted uses include manufacturing of ceramics,
fiberglass, glass, woodworking, machine shops, automobile
paint, body and repair shops, boat repair and service.
P & Z Staff Report ~
Rezoning for CoTran Satellite Facility
Page 4
Compatibility of the use is discussed further under the
section of this report that deals with Standards for
Rezoning Action.
Land Use Element Policy A-1.4: "Commerce" Land Use which
lnvolves a mix of light industrial, commercial uses, and
research and development are the most needed land uses during
the City's final stage of build-out. Thus, changes to the Land
Use Map which diminish this land use are discouraged.
This policy relates to the need to provide a balanced
economic base within the City. While the proposal is not
changing the Commerce Land Use designation, it is removing
land from the mixed industrial and commercial use category.
However, while the zoning will be changed to Community
Facilities, the use of a transportation facility can be
considered as light industrial in nature. Thus, there is
not a conflict with this policy.
Section 3.3.2 (Standards for Rezoninq Actions): The applicable
performance standards of Section 3.3.2 and othe~ policies which
apply are as follows:
A) That a rezoning to other than CF within stable residential
areas shall be denied. (Housing Element A-2.4)
The subject parcel and adjacent parcels are not
located within a neighborhood classified as "stable"
within the housing element of the Comprehensive Plan.
Additionally, the request is for a rezoning to CF, not
to another zoning designation. Thus, the above
standard is met.
B) 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, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
Compatibility concerns related to this proposal center
on the residential area to the west. Most of the uses
permitted in CF (government offices, schools,
community centers, etc.) are more compatible than the
types of uses permitted in MIC. Thus as far as the
rezoning itself is concerned, compatibility is not an
issue.
In terms of the specific development proposal for this
site, the proposed use is no less compatible than many
of the uses currently permitted in MIC, such as auto
repair, boat repair, manufacturing and distribution,
etc. Most of these uses would involve some degree of
noise, as well as truck traffic and outside storage.
P & Z Staff Report
Rezoning for CoTran Satellite Facility
Page 5
In addition, site specific compatibility with the
adjacent residential uses (west) will be mitigated
through landscape enhancements required via
regulations that apply to the CF zoning designation.
Pursuant to Section 4.4.21 (H)(2), when CF zoning is
adjacent to residential zoning, the perimeter area
should be increased to a depth of fifteen feet( 15);
or, as an alternative, either a wall, decorative
fencing, or hedging should be installed for aesthetic
and buffer purposes. The attendant concept plan
provides a 150' buffer area (80 L.W.D.D canal, an
additional 55' L.W.D.D. dedication and 15' landscape
buffer) along the west property line. The north part
of the site provides an additional 140' of buffer via
a retention area.
LDR COMPLIANCE:
Section 2.4.5(D)(5) (Rezoninq Findinqs):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make a
finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the
following:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which
make the current zoning inappropriate;
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
The applicant submitted a Justification statement which states
that reasons (c) apply because of the following:
"Existing zoning on the property is MIC (Mixed Industrial
Commercial). The Future Land Use Plan designates the site
as Industrial. The use proposed as a part of this rezoning
request is a light industrial use (CoTran's South County
maintenance and parking facility), and is consistent with
the other uses in the area, the zoning category ( e.g. auto
repair shops, aggregate processing facilities, auto salvage
uses), and the Future Land Use Plan.
We are requesting a zoning change to CF (Community
Facility) because we believe it to be a more appropriate
zoning category for this specific site. Based on the
proposed revisions to the City's Land Development
P & Z Staff Report
Rezoning for CoTran Satellite Facility
Page 6
Regulations (LDR's), the CF district is a special purpose
district primarily intended for locations at which
facilities are provided to serve public, semi-public, or
private purposes. Since Palm Beach County intends to
purchase the site and operate it as a public owned
facility, the CF zoning district is the most appropriate
district. Additionally, the LDRs state the CF zoning
district is compatible with all land use designations shown
on the Future Land Use Map."
The proposed use of transportation terminal is only allowed in
the CF zoning district. The CF zoning district is a district
which is applied to property on a site specific basis.
Therefore, blocks of property zoned CF are not available to
chose from when looking to site such a facility. Hence, a
rezoning to CF is necessary in order to locate this facility
anywhere in the City. The proposed site is located in an area
currently zoned and occupied by light industrial uses. The
rezoning of this site to CF may be more appropriate in that the
proposed facility and layout will provide more protection to
adjacent residential properties than could be expected from
permitted uses currently allowed under the current MIC (Mixed
Industrial and Commercial) zoning district.
REVIEW BY OTHERS:
Site Plan Review and Appearance Board:
If approval is granted for the rezoning and conditional use
portions of this petition the associated site plan action will
rest with the Site Plan Review and Appearance Board. The site
plan must accommodate all concerns addressed within both the
Rezoning and Conditional Use petitions.
Neighborhood Notice:
Property owners within 500 feet of the subject properties have
received notice of the Public Hearing. In addition, the
following organizations have received courtesy notices of the
rezoning petition:
P.R.O.D.
United Property Association
Rainberry Lake Homeowners Association
Rainberry Bay
Villas of Rainberry Homeowners Association
Chatelaine Homeowners Association
Pines of Delray North
Sudan Subdivision
High Point
Delray Shores Subdivision
P & Z Staff Report
Rezoning for CoTran Satellite Facility
Page 7
ASSESSMENT AND CONCLUSIONS:
The rezoning from MIC to CF for the construction of a
transportation terminal will have a positive impact on traffic
in the area resulting in a net reduction of 2,024 potential
trips.
Compatibility of the CF zoning and the related proposed use is
to be enhanced through the provisions of large landscape buffers
with berming and extensive landscaping. The CF zoning will
provide for a site development which is likely to provide
buffering in excess of that which could be expected with
development under the current MIC zoning district.
ALTERNATIVES:
A. Continue with direction.
B. Recommend denial of the rezoning request based upon a
failure to make a positive finding with respect to Section
2.4.5(D)(5) in that the rezoning fails to fulfill at least
one of the reasons listed, and policies of the
Comprehensive Plan (Commerce Land Use policy).
C. Recommend approval of the rezoning request based upon
positive findings with respect to Chapter 3 (Performance
standards) of the Land Development Regulations, policies of
the Comprehensive Plan, and Section 2.4.5(D)(5).
STAFF RECOMMENDATION:
Recommend approval of the rezoning request from MIC to CF
based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and
Section 2.4.5(D)(5).
PD/~,Co=~anoOOC
CANAL ..-32
~ CO-TRAN REZONING
Claude Lemire
Project Co-Ordinator
Del ray Beach Club
Condominium
Mrs. Diane Dominges June 24, 1994
Planning & Zoning Department
City of Del ray
Dear Diane:
Following my review of the Co Tran's plan project on Congress
Avenue; I am very confident that this future development will
be an asset to the City and I do not see any problem that will
interfere with our project the Delray Beach Club Condominium.
Sincerely,
Claude Lemire
Project Co-Ordinator
Delray Beach, Florida 33445
CONDOMINIUM ASSOC. SEC. 2, INC.
June 19,1994
Mayor Tom Lynch
City of Delray Beach
100 N.W. First Ave.
Delray Beach,F1 33444
Re: Proposed Co-Tran Satellite Bus Facility
on Congress Ave. at N.W. 1st. St.
Dear Mayor Lynch:
We are writing you to express our opposition to the establish-
ment of the above Bus Terminal.
The planned 7 DAY A WEEK OPERATION of 54 buses in and out of this
facility starting at 6 A.M. each day and ending at 10 P.M(6 A.M. until
5 P.M. on Sundays) will have a definite detrimental effect on the area
economic growth and neighborhood improvement.
A major negative effect will be the environmental and health
problem of the fumes and toxic exhausts of 54 buses blown ~oward ~he
adjoining residential areas by the prevailing easterly winds.
Not only will the resulting noise and pollutants reduce the prop-
erty values of abutting residential areas, but since this bus terminal
is a government facility, the city will suffer a loss in taxes on this
7 acre site.
In addition, because of the increased traffic activity engend-
ered by 54 buses, new businesses would be discouraged from establish-
lng in this area.
We request the City Commission to refuse any request %o change
the current zoning of this location to "Community Facilities."
Sincerely,
High Point of Dexray
Section II Board of
CC: Commr. Jay Alperin ~Urray M~helson, -
Dave. Randolph
Barbara Smith
Ken Ellingsworth ~~~~
P & Z Director,Diane Dominguez
pLANN%NG & zoN%NG
6/9/94 c: Cit~ City Manager, Direct, )f P&Z
Tare Enterprises
1175 N.E. 125 Slreel , Suile 102 . North Miami. Florida 33161
M~ami (305} 891-1106' Ft. Lauderdale (305)981-4205. Boca Ra,o. (407)428-8399 JOf'l 91994
Fax (305) 891*6750
CITY COMMISSIO~
J'une 8, 1994
Honorable Tom Lynch
Mayor, city of Delray Beach
100 N. W. First Avenue
Delray Beach, Florida 33444
Re: Proposed Co-Tram Bus Faoility, West Bide of Congress Avenue
between Atlantic Avenue and Lake Ida Road
Dear Mayor Lynch:
As you probably are aware, I own the property which I have
designated on the attached drawing as the '"Tate Property",
immediately to the west and slightly to the south of the proposed
Co-Tram Bus Facility.
In addition to the objections that have been filed by the many
hundreds of residents of the various High Point of Delray
Condominium Sections, I want to additionally voice my objection to
the consolidation and use of a Co-Tran bus satellite facility which
is proposed to be constructed and utilized on the seven acre site
on the west side of Congress Avenue directly to the east and north
of my property.
I am raising this objection even though I am presently involved in
an Inverse Condemnation lawsuit with the City of Delray Beach.
Whether we prevail in the suit or the City prevails, it is obvious
that since my property is zoned for residential use (multi-family -
12 units per acre), this proposed Co-Tram facility is improper for
this location.
Sincerely your~/_~
Enclosure: as noted ~ 3B~ qa~\~
OTHER OFFICE LOCAIlC. NS
Oelray Beach, FL Ft. Pierce, FL Tallahassee, -'.rlinplon -; '. ~ ,,,..t ,.,,. ,' ,.
(407) 498-3277 (407) 466-2701 (904) 681-6710 ii' 17'~ ?Tv- .4;. . '.::'. :'[..~ ~: ;:!'. , : .
w~¥
PROPOSED
CO-TRAN LOCATION
HIGH POINT OF DELRAy BEACH
292 HIGH POINT BOULEVARD
CONDOMINIUM ASSOCIATION DE[RAY BEACH, FLORIDA 33445
SECTION I
~une 7, 199~
Mayor Thomas Lynch
City of Oelray Beach.
100 N.W. First Avenue
Delray Beach FL 33444 RE: Proposed Co-Tran Bus Facility on the
West Side of Congress Avenue North of
Atlantic Avenue.
Dear Mayor Lynch:
The residents of High Point of Delray Beach Section 1 are again turning to you
for your help and that of the City Commission in averting an environmental and
economic disaster in our area. This time it is the proposed Co-Tran Bus Facil-
ity in the above described location. This facility will create an air pollution
problem which will especially affect both us and the synagogue congregation since
we are so near and the prevailing east wind will carry the diesel fumes in our
direction.
Noise pollution and traffic congestion can only become worse as these buses are
started up and moved out starting early in the morning and the same as they
return. Certainly this will put the proposed condominium development adjacent
to Winn-Dixie in jeopardy as well since it will detract from the entire area.
The people of High Point have worked long and faithfully to make this a desirable
area in which to live. Many of our residents are senior citizens who came to
Delray to spend a quiet retirement in a friendly town of which they could, be
proud. Introducing such a facility is hardly conducive to those aims. ]t can
only reduce property values further.
We urge you and your Commissioners to stand firm and not permit the zoning
changes which are required before this project can become a reality. We support
the City Commission Proposal to rezone vacant parcels described in P & Z Memo
of 3/11/94 from M.I.C. to L,I. with the number of conditional uses diminished.
Please turn down any request to change the zonlng to C.F. (Community Facilities)
to accommodate this facility.
Sincerely,
R'ichard G. Do~n$11y, Pr
cc: Comm. Jay Alperin ,
Dave Randolph ~~G ~O~G
Barbara Smith
Ken Ellingsworth
/P & Z Dir. Diane Db~iaglbez
HIGH POINT OF DELRAY
CONDOMINIUM ASSOCIATION- SI~CTION IV INC.'~J/), -,"~' ', ~,,,"~'"~
DEL.RA¥ BEACH, FLORIDA 33445
l..'~- .o,
~ayor Tom Lynch
City of Delray Beach
100 N.W. First Avenue
Delray Beach, Fl. ~3444
Re: Proposed Co-Tran Bus Facility, West Side
of Cou_gress .A. ve. b.etw?en~. Atla. ntic Ave. & Lake Ida Rd.
Dear ~ayor Lynch:
We oppose Co-Tran Bus Satellite Facility pro-
posed 'for a 7 acre site West Side of Congress Avenue.
This site is backed up to residential neighbor-
hoods across the E-4 Canal. There is no such thing as a quiet
bus facility. ~ore than ~0 d. iesel~bu~se~s will operate o. ut of this
area every day starting at 5.'30 '~;~ -returning about 9.00 A.~.I
then out again about 3:00 P.~. returning in the evening. We will
be subject to much air pollution due to prevailing east winds
which will carry noxious fumes to the High Point Development.
The odor and noise would have a uegat£ve effect
on property values in abutting residential areas including the
recently approved Condo Project, south of Winn-Dixie Shopping
~all, to be constructed by Canadian interests.
Since Co-Tran is a Government Facility no taxes
will be paid resulting in no increase in our tax base. It will
permanently destroy/ the possibility of any improvement to Congress
Ave. as an Enterprxse Zone.
We s~ould adhere to the City Commission Proposal
earlier this year to rezone yacaut parcels described in P & Z
~emo 9f 3/11/94 from ~.I.C. (~ixed Industrial & Commercial) to
L.I. (Light Industrial) with the number of conditional uses
diminished.
We urge the City Commission to turn down any
re, nest to change the zoning to C.F. (COmmunity Fac~'iitles) to
accommodate the County Bus Pacility.
Sincerely,
cc, Comm. Jay Alperin Board of Directe~
Barbara Smith ~ ~,(hr ff ~?..
Ken Ellingsworth ~e~
Planning & Zoning Director ~ ~.~! ~(~'~.~.~~
Diane Dominguez ~rf C _
~raid Fihppi, Vice-Pl~s~
~ay 20 1994
TO: Diane Domin~uez, Director of Planning ~nd Zoning, City of Delray Beach
FROM: Harris Baer, 2009 N';~ 18 St Delray Beach FL 33445
Thank you verv much for takin~ the time to redly to me with your letter
of 5~ay l?, 1994, regaraing the proposed CoTran Facility.
Your expls, n~tions were very heloful, but my original concern about the
imoact of this Dl~n rems. ins alive.
The oublic hearing of the Planning and Zoning Board on June 20th will
be attended by unit o~ers of our community to gain further up to date
information.
Again my thanks for your one-on-one response to my inquiry,
indeed we are fortunate to have a City Government reponsive to its
citizens. H~/~B~~. ?
~D for TEL 2009 N. W. 18 Street
qoril 22
De ray ~e~ch 'City
Delray ,e.:,uh · ·
D~ar Sir,
As a reaide;~t of De].ray ~es. ch, lJvi-~ in the
vicinity '-f the ~lanned 2u~ f cility, may I add
my voice to t~o?~e o~moain~ this
~on,,ress Avem.ue ~nd Atlantic ~vemue :-,re one of
the busiest imtersections of our city, 2he ee'~.
school s.t :~ar?.'ick omd ~t!antic ?.'ill undou~todlv
bri~f increa::;ed traffic, both school '.uses
~rivate cars to this section o~' the city.
Someone of the CoTrsm ~eam stated that the
doe:: not ~rovide for s. nassen.~er facility s~t
this location, which -~eaas there '~re no tr.n
~ortation ~d. a.nt~:~es thst we cen expect.
If the ney. bu~ldin~ ',~ill function s.s a ~us s~om
denot, it most certainly '.ill ~ot ou!y ~ttrsct
~dditional traffic, but also s.l! the
~.s~ects ~_umo near a bus O~ot, loiterin~ tr~ab,
etc.
:h~t my maim co~ocer~ is the incre~se in traffic
n~oti~,ti~ im ~=md out of tb~t busy coru~r.
As a re?~ice~t of the ~ine:z of De!~ay
,-,e have ha6 to battle the disadvantages of bei'~-
near the 'ss~e 'a2er Pls.~Z, no~~' fortu'~ate~y
the ~ast, but I don't want one dile~a r~laced