Ord 25-02ORDINANCE NO. 25-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DFJ.RAY BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE MAP DESIGNATION AS
CONTAINED IN THE COMPREHENSIVE PLAN FROM
clvm (COMMERCE) IN VART AND GC (GENEVO.~
COMMERCIAL) IN PART TO CMR (COMMERCE)
~J.RCTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMAIJ. SCALE
LAND USE PLAN AMENDMENTS; AND REZONING
AND PLACING LAND PRESENTLY ZONED GC
(GENERAL COMMERCIAL) DISTRICT AND MIC (MIXED
INDUSTRIAL AND COMMERCIAL) DISTRICT TO MIC
(MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT;
SAID LAND BEING A PARCEL OF LAND LOCATED ON
THE NORTHWEST CORNER OF WEST ATLANTIC
AVENUE AND INTERSTATE-95 (FORMER TRAIN
STATION DEPOT), AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DRI.RAY BEACH, FLORIDA, FEBRUARY, 2002";
PROVIDING A GENERAL REPEAl.ER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, The Atlantic Group Holdings, Corp., is the fee simple owner of a 1.80 acre
parcel of land located on the northwest comer of West Atlantic Avenue and Interstate-95 (former
train station depot); and
WHEREAS, the subject property hereinafter described has an existing Future Land Use
Map CMR (Commerce) in part and GC (General Commercial) in part; and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from CMR (Commerce) in part and GC (General Commercial) in part to CMR
(Commerce); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOI .I.OWS:
Section 1. That the Future Land Use Map designation of the subject property is hereby
officially affixed as CMR (Commerce).
Section 2. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 9. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of MIC (Mixed Industrial and Commercial)
District for the following described property:
See Exhibit A attached hereto and made a part hereof.
Section 4. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform
with the provisions of Section 3 hereof.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 6. 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
derision 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 as follows: thirty-one (31) days after
adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged,
the effective date of this amendment shall be the date a final order is issued by the Depaxlment of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Admim'stration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Deparm~ent of Community Affairs, Bureau of Local Planning, 2740 Centerview
Drive, Tallahassee, Florida 32399-2100.
2 ORD. NO. 25-02
EXHIBIT "An TO ORDINANCE NO. 25-02
PARCEL 1
A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Dekay Beach, Palm
Beach County, Florida, said parcel being more partio_~larly described as follows:
Commencing at the Northeast comer of said Section 18; Thence with a bes~ting of South 00° 30' 00"
East, along the East line of Section 18, a distance of 690.00 feet to a point; thence with a bearing of
South 89° 30' 00" West, a distance of 264.00 feet to a point; thence with a bearing of South 00° 30'
00" East, along a line 264.00 feet West of and parallel to the East line of Section 18, a distance of
1,280.24 feet to a point; thence with a beating of South 32° 53' 57" West, a distance of 43.58 feet to
a point of curvature; thence with a curve to the left, having a radius of 632.00 feet, an arc length of
215.00 feet to the Point of Beginning: thence with a bearing of South 07° 50' 46" West, a distance of
399.94 feet to a point; thence with a bearing of South 22° 58' 54" West, a distance of 81.05 feet to a
point; thence with a bearing of South 81 ° 46' 47" West, a distance of 17.99 feet to a point; thence
with a bearing of North 00° 30' 00" West, a distance of 629.54 feet to a point; thence with a beating
of North 89° 30' 00" East, a distance of 97.15 feet to a point; thence with a curve concave to the
West, having an initial tangent beating of South 07° 04' 59" East, a radius of 541.40 feet, a central
angle of 16° 21' 56", an arc length of 154.64 feet to a point; thence with a bearing of South 79° 19'
23" East, a distance of 15.62 feet, more or less, to the Point of Beginning.
PARCEL 2
A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach, Palm
Beach County, Florida, said parcel being more partio~larly described as follows:
Commencing at the Northeast comer of said Section 18, thence with a beating of South 00° 30' 00"
East, along the East line of Section 18, a distance of 690.00 feet to a point; thence with a bearing of
South 89 ° 30' 00" West, a distance of 264.00 feet to a point; thence with a bearing of South 00° 30'
00" East, along a line lying 264.00 feet West of and parallel to the East line of Section 18, a distance
of 670.10 feet to a point; thence with a bearing of North 89° 17' 11" West, a distance of 172.85 feet
to a point; thence with a bearing of North 89° 16' 05" West, a distance of 30.00 feet to a point;
thence with a bearing of South 00° 30' 00" East, a distance of 549.97 feet to the Point of Beginning;
thence with a bearing of South 89° 16' 05" East, a distance of 51.99 feet to a point; thence with a
bearing of South 13° 30' 39" East, a distance of 83.23 feet to a point; thence with a curve concave
to the Southwest, having an initial tangent bearing of South 14° 33' 49" East, a radius of 541.40 feet,
a central angle of 06° 11' 07", an arc length of 58.45 feet to a point; thence with a beating of South
89° 30' 00" West, a distance of 97.11 feet to a point; thence with a bearing of North 00° 30' 00"
West, a distance of 139.89 feet to a point; thence with a bearing of South 89° 16' 05" East, a distance
of 15.28 feet more or less, to the Point of Beginning.
ORDINANCE NO. 25-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DRI.RAY BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE MAP DESIGNATION AS
CONTAINED IN THE COMPREHENSIVE PLAN FROM
CMR (COMMERCE) IN PART AND GC (GENERAL
COMMERCIAL) IN PART TO CMR (COMMERCE)
ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMAIJ_, SCALE
LAND USE PLAN AMENDMENTS; AND REZONING
AND PLACING LAND PRESENTLY ZONED GC
(GENERAL COMMERCIAL) DISTRICT AND MIC (MIXED
INDUSTRIAL AND COMMERCLAL) DISTRICT TO MIC
(MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT;
SAID LAND BEING A PARCF. I. OF LAND LOCATED ON
THE NORTHWEST CORNER OF WEST ATLANTIC
AVENUE AND INTERSTATE-95 (FORMER TRAIN
STATION DEPOT), AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DRI.RAY BEACH, FLORIDA, FEBRUARY, 2002";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, The Atlantic Group Holdings, Corp., is the fee simple owner of a 1.80 acre
parcel of land located on the northwest comer of West Atlantic Avenue and Interstate-95 (fomaer
train station depot); and
WHERF. AS, the subject property hereinafter described has an existing Future Land Use
Map CMR (Commerce) in part and GC (General Commercial) in part; and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from CMR (Commerce) in part and GC (General Commercial) in part to CMR
(Commerce); and
WHERF. AS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated February, 2002, as being zoned GC (General Commercial)
District and MIC (Mixed Industrial and Commercial) District; and
WHERF. AS, at its meeting of June 17, 2002, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public heating and voted 5 to 0 to
recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Future Land Use Map designation of the subject property is hereby
officially affixed as CMR (Commerce).
Section 2. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption heating, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 3. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of MIC 0Mixed Industrial and Commercial)
District for the following described property:
See Exhibit A attached hereto and made a part hereof.
Section 4. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform
with the provisions of Section 3 hereof.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 6. 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 iurisdiction 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 as follows: thirty-one 01) days after
adoption, unless the amendment is challenged pursuant to Section 163.31870), F.S. If challenged,
the effective date of this amendment shall be the date a final order is issued by the Depatanent of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Depatanent of Community Affairs, Bureau of Local Planning, 2740 Centerview
Drive, TaHahassee, Florida 32399-2100.
2 ORD. NO. 25-02
EXHIBIT "A" TO ORDINANCE NO. 25-02
PARCEL 1
A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach, Palm
Beach County, Florida, said parcel being more partio_darly described as follows:
Commencing at the Northeast comer of said Section 18; Thence with a bearing of South 00° 30' 00"
East, along the East line of Section 18, a dismce of 690.00 feet to a point; thence with a beating of
South 89° 30' 00" West, a distance of 264.00 feet to a point; thence with a bearing of South 00° 30'
00" East, along a line 264.00 feet West of and parallel to the East line of Section 18, a distance of
1,280.24 feet to a point; thence with a beating of South 32° 53' 57" West, a distance of 43.58 feet to
a point of curvature; thence with a curve to the left, having a radius of 632.00 feet, an arc length of
215.00 feet to the Point of Beginning: thence with a beating of South 07° 50' 46" West, a distance of
399.94 feet to a point; thence with a bearing of South 22° 58' 54" West, a distance of 81.05 feet to a
point; thence with a beating of South 81 ° 46' 47" West, a distance of 17.99 feet to a point; thence
with a beating of North 00° 30' 00" West, a distance of 629.54 feet to a point; thence with a beating
of North 89° 30' 00" East, a distance of 97.15 feet to a point; thence with a curve concave to the
West, having an initial tangent bearing of South 07° 04' 59" East, a radius of 541.40 feet, a central
angle of 16° 21' 56", an arc length of 154.64 feet to a point; thence with a bearing of South 79° 19'
23" East, a distance of 15.62 feet, more or less, to the Point of Beginning.
PARCEL 2
A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach, Palm
Beach County, Florida, said parcel being more partio~!arly described as follows:
Commencing at the Northeast comer of said Section 18, thence with a bearing of South 00° 30' 00"
East, along the East line of Section 18, a distance of 690.00 feet to a point; thence with a beating of
South 89° 30' 00" West, a distance of 264.00 feet to a point; thence with a bearing of South 00° 30'
00" East, along a line lying 264.00 feet West of and parallel to the East line of Section 18, a distance
of 670.10 feet to a point; thence with a beating of North 89° 17' 11" West, a distance of 172.85 feet
to a point; thence with a beating of North 89° 16' 05" West, a distance of 30.00 feet to a point;
thence with a bearing of South 00° 30' 00" East, a distance of 549.97 feet to the Point of Beginning;
thence with a bearing of South 89° 16' 05" East, a distance of 51.99 feet to a point; thence with a
beating of South 13° 30' 39" East, a distance of 83.23 feet to a point; thence with a curve concave
to the Southwest, having an initial tangent bearing of South 14° 33' 49" East, a radius of 541.40 feet,
a central angle of 06° 11' 07", an arc length of 58.45 feet to a point; thence with a beating of South
89° 30' 00" West, a distance of 97.11 feet to a point; thence with a bearing of North 00° 30' 00"
West, a distance of 139.89 feet to a point; thence with a bearing of South 89° 16' 05" East, a distance
of 15.28 feet more or less, to the Point of Beginning.
PARCEL 3
A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Dekay Beach, Palm
Beach County, Florida said parcel being more particularly described as follows:
Commencing at the Northeast comer of Section 18; thence with a bearing of South 00° 30' 00"
East, along the East line of said Section 18, a distance of 690 feet to a point; thence with a bearing
of South 89° 30' 00" West, a distance of 264.00 feet to a point; thence with a bearing of South 00°
30' 00" East, along a line lying 264.00 feet West of and parallel to the East line of Section 18, a
distance of 670.10 feet to a point; thence with a bearing of North 89° 17' 11" West, a distance of
172.85 feet to the Point of Beginning; thence with a bearing of South 00° 30' 00" East, a distance of
453.54 feet to a point; thence with a curve concave to the East, having an initial bearing of South
02° 56' 43" East, a radius of 25.00 feet, a central angle of 13° 07' 13", an arc length of 5.72 feet to a
point; thence with a bearing of South 13° 30' 39" East, a distance of 93.70 feet to a point; thence
with a bearing of North 89° 16' 05" West, a distance of 51.99 feet to a point; thence with a bearing
of North 00° 30' 00" West, a distance of 549.97 feet to a point; thence with a bearing of South 89°
16' 05" East, a distance of 30.00 feet, more or less, to the Point of Beghaning.
Subject to a 16 foot Railroad track easement for railroad purposes, being more particularly described
as follows: Commencing at the Northeast comer of said Section 18; thence with a beating of South
00° 30' 00" East, along the East line of Section 18, a distance of 690.00 feet to a point; thence with a
bearing of South 89° 30' 00" West, a distance of 264.00 feet to a point; Thence with a beating of
South 00° 30' 00" East, along a line lying 264.00 feet West of and parallel to the East line of Section
8, a distance of 670.10 feet to a point; thence with a beating of North 89° 17' 11" West, a distance of
172.85 feet to a point; thence with a bearing of South 00° 30' 00" East, a distance of 222.16 feet to
the Point of beghaning of the boundary of 16 foot track easement; thence with a bearing of South
00° 30' 00" East, a distance of 39.70 feet to a point; thence with a curve concave to the Northeast,
having an initial tangent bearing of North 25 ° 23' 41" West, a radius of 924.65 feet, a central angle
of 04° 51' 58", an arc length of 78.53 feet to a point; thence with a beating of North 1210° 30' 00"
West, a distance of 50.31 feet to a point; thence with a curve concave to the northeast, having an
initial tangent bearing of South 17° 32' 49" East, a radius of 908.65 feet, a central angle of 05° 34'
34" East, an arc length of 88.43 feet, more or less, to the Point of Beginning
Also subject to an easement of ingress and egress over the roadway located on the hereinabove
described Parcels 2 and 3 for the purpose of access to the team track West of said property, for so
long as said tracks remain in place. And there is further reserved to Amtrak and the public, an
easement on ingress and egress over said roadway for the purpose of access to the present Amtrak
facility located thereon.
2 ORD. NO. 25-02
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ., 2002.
ATTEST
MAYOR
City Clerk
First Reading~ e~,
Second Reading
3 ORD. NO. 25-02
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
A~;ENDA ITEM # | U[_~ . REGULAR MEETING OF AUGUST 6. 2002
ORDINANCE NO, 25-02 (AMENDING FUTURE LAND USE MAP)
AUGUST 2, 2002
This ordinance is before Commission for second reading to amend the Future Land Use Map (small
scale) from CMR (Commerce) in part and GC (General Commercial) in part to CMR (Commerce)
and rezoning from MIC CMixed Industrial and Commercial) in part and GC (General Commercial) in
part to MIC (Mixed Industrial and Commercial) for a 1.80 acre parcel of land located at the northwest
comer of West Atlantic Avenue and Interstate-95 known as Depot Square Historic Site (former train
station - 80 Depot Avenue). The building was constructed in 1926 and is currently the office of an
interior decorator and furniture repair.
A companion conditional use request has been submitted to allow the usage of the northern portion
of the building as a monument and ornamental stone cutting and polishing business including
outdoor storage on the northeast side of the property. The interior decorator and furniture repair will
continue to utili~.e the southern portion.
On June 5, 2002, The Historic Preservation Board considered this request and expressed concerns
with respect to the adverse impacts the outdoor storage would have on the historic structure and feels
this use is not compatible with the historic nature of the building.
The Phnning and Zoning Board held a public hearing in conjunction with the request, and no one
from the public spoke. After discussing this proposal, the Board unanimously voted to recommend
that the request be approved. At the first reading on July 2, 2002, The City Commission passed
Ordinance No. 25-02 unanimously.
S:\C~ty Clerk\chevelle folder\agenda memos\Ord.25.0Z08.06.02
TO:
THRU:
FROM:
SUBJECT:
PAUL DORLING, DIRECTO/R~F PLANNING AND ZONING
SCOTT D. PAPE, SENIOR PLANNER
MEETING OF JULY 16, 2002
CONDITIONAL USE REQUEST TO ESTABLISH A MONUMENT AND ORNAMENTAL
STONE CUTTING FACILITY (NATURAL STONE FABRICATION) LOCATED AT THE
NORTHWEST CORNER OF INTERSTATE HIGHWAY 95 AND WEST ATLANTIC
AVENUE (80 DEPOT ROAD - HISTORIC TRAIN DEPOT).
The property is 1.80 acres, and contains the 8,593 sq. ft. train depot which was listed in the National
Register of Historic Places in September, 1986 and in the Local Register of Historic Places in October,
1988. The building was constructed in 1926 and has been used as an office for an interior decorator and
furniture repair, which are permitted uses in the proposed MIC zoning district.
An application has been submitted to change the FLUM designation from General Commercial to
Commerce and a rezoning from GC (General Commercial) to MIC (Mixed Industrial and Commercial)
and have been processed concurrently with the subject conditional use. These designation changes are
necessary as the proposed conditional use is not allowed in the commercial designations. At its meeting
of June 17, 2002, the Planning and Zoning Board recommended approval of the proposed FLUM
amendment and Rezoning.
The applicant proposes to occupy 7,200 square feet of the train depot (northern portion) with a stone
cutting business. The use will include outdoor storage along the northeast side of the property. The
hours of operation will be 7:00 a.m. to 3:30 p.m. Monday through Saturday and will employee 8 persons.
The Historic Preservation Board considered this request on June 5, 2002 and expressed concerns with
respect to the adverse impacts the outdoor storage would have on the historic structure. The Board felt
that this type of use was not compatible with the historic nature of the building and had particular concern
with the outside storage component.
At its meeting of June 17, 2002, the Planning and Zoning Board held a public hearing in conjunction with
the Conditional Use request and no one from the public spoke. After discussing the proposal, the Board
unanimously voted to recommend approval of the Monument and ornamental stone cutting facility
subject to the conditions in the attached staff report.
Approve the Conditional Use request to establish a Monument and ornamental stone cutting facility
for Natural Stone Fabrication, based upon positive findings with respect to Chapter 3 (Performance
Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and the policies of the Comprehensive Plan,
subject to the conditions contained in the attached staff report.
Attachment: P&Z Staff Report and Documentation of June 17, 2002
ORDINANCE NO. 25-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DRI,RAY BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE MAP DESIGNATION AS
CONTAINED IN THE COMPREHENSIVE PLAN FROM
CMR (COMMERCE) IN PART AND GC (GENERAL
COMMERCIAL) IN PART TO CMR (COMMERCE)
ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMAI.I. SCALE
LAND USE PLAN AMENDMENTS; AND REZONING
AND PLACING LAND PRESENTLY ZONED GC
(GENERAL COMMERCIAL) DISTRICT AND MIC (MIXED
INDUSTRIAL AND COMMERCIAL) DISTRICT TO MIC
(MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT;
SAID LAND BEING A PARCEL OF LAND LOCATED ON
THE NORTHWEST CORNER OF WEST ATLANTIC
AVENUE AND INTERSTATE-95 (FORMER TRAIN
STATION DEPOT), AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, FEBRUARY, 2002";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, The Atlantic Group Holdings, Corp., is the fee simple owner of a 1.80 acre
parcel of land located on the northwest comer of West Atlantic Avenue and Interstate-95 (former
train station depot); and
WHEREAS, the subject property hereinafter described has an existing Future Land Use
Map CMR (Commerce) in part and GC (General Commercial) in part; and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from CMR (Commerce) in part and GC (General Commercial) in part to CMR
(Commerce); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated February, 2002, as being zoned GC (General Commercial)
District and MIC (Mixed Industrial and Commercial) District; and
WHEREAS, at its meeting of June 17, 2002, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to
recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Future Land Use Map designation of the subject property is hereby
officially affixed as CMR (Commerce).
Section 2. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 3. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of MIC (Mixed Industrial and Commercial)
District for the following described property:
See Exhibit A attached hereto and made a part hereof.
Section 4. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform
with the provisions of Section 3 hereof.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 6. 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 as follows: thirty-one (31) days after
adoption, unless the amendment is challenged pursuant to Section 163.31870), F.S. If challenged,
the effective date of this amendment shall be the date a final order is issued by the Depattxcxent of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Depattiixent of Community Affairs, Bureau of Local Planning, 2740 Centerview
Drive, Tallahassee, Florida 32399-2100.
2 ORD. NO. 25-02
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2002.
AT~EST
MAYOR
City Clerk
First Reading
Second Reading
3 ORD. NO. 25-02
EXHIBIT "A" TO ORDINANCE NO. 25-02
PARCEL 1
A parcel of hnd lying in Section 18, Township 46 South, Range 43 East, City of Dekay Beach, Palm
Beach County, Florida, said parcel being more particularly described as follows:
Commencing at the Northeast comer of said Section 18; Thence with a bearing of South 00° 30' 00"
East, along the East line of Section 18, a distance of 690.00 feet to a point; thence with a beating of
South 89° 30' 00" West, a distance of 264.00 feet to a point; thence with a bearing of South 00° 30'
00" East, along a line 264.00 feet West of and parallel to the East line of Section 18, a distance of
1,280.24 feet to a point; thence with a beating of South 32° 53' 57" West, a distance of 43.58 feet to
a point of curvature; thence with a curve to the left, having a radius of 632.00 feet, an arc length of
215.00 feet to the Point of Beginning: thence with a beating of South 07° 50' 46" West, a distance of
399.94 feet to a point; thence with a beating of South 22° 58' 54" West, a distance of 81.05 feet to a
point; thence with a bearing of South 81° 46' 47" West, a distance of 17.99 feet to a point; thence
with a bearing of North 00° 30' 00" West, a distance of 629.54 feet to a point; thence with a bearing
of North 89° 30' 00" East, a distance of 97.15 feet to a point; thence with a curve concave to the
West, having an initial tangent bearing of South 07° 04' 59" East, a radius of 541.40 feet, a central
angle of 16° 21' 56", an arc length of 154.64 feet to a point; thence with a bearing of South 79° 19'
23" East, a distance of 15.62 feet, more or less, to the Point of Beginning.
PARCEL 2
A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Dekay Beach, Palm
Beach County, Florida, said parcel being more particularly described as follows:
Commencing at the Northeast comer of said Section 18, thence with a bearing of South 00' 30' 00"
East, along the East line of Section 18, a distance of 690.00 feet to a point; thence with a beaxing of
South 89° 30' 00" West, a distance of 264.00 feet to a point; thence with a bearing of South 00' 30'
00" East, along a line lying 264.00 feet West of and parallel to the East line of Section 18, a distance
of 670.10 feet to a point; thence with a bearing of North 89° 17' 11" West, a distance of 172.85 feet
to a point; thence with a bearing of North 89° 16' 05" West, a distance of 30.00 feet to a point;
thence with a bearing of South 00° 30' 00" East, a distance of 549.97 feet to the Point of Beginning;
thence with a bearing of South 89° 16' 05" East, a distance of 51.99 feet to a point; thence with a
bearing of South 13' 30' 39" East, a distance of 83.23 feet to a point; thence with a curve concave
to the Southwest, having an initial tangent bearing of South 14° 33' 49" East, a radius of 541.40 feet,
a central angle of 06° 11' 07", an arc length of 58.45 feet to a point; thence with a bearing of South
89* 30' 00" West, a distance of 97.11 feet to a point; thence with a bearing of North 00° 30' 00"
West, a distance of 139.89 feet to a point; thence with a bearing of South 89° 16' 05" East, a distance
of 15.28 feet more or less, to the Point of Beginning.
PARCEL
A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach, Palm
Beach County, Florida said parcel being more particularly described as follows:
Commencing at the Northeast comer of Section 18; thence with a bearing of South 00° 30' 00"
East, along the East line of said Section 18, a distance of 690 feet to a point; thence with a beating
of South 89° 30' 00" West, a distance of 264.00 feet to a point; thence with a beating of South 00°
30' 00" East, along a line lying 264.00 feet West of and parallel to the East line of Section 18, a
distance of 670.10 feet to a point; thence with a beating of North 89° 17' 11" West, a distance of
172.85 feet to the Point of Beginning; thence with a bearing of South 00° 30' 00" East, a distance of
453.54 feet to a point; thence with a curve concave to the East, having an initial bearing of South
02° 56' 4Y' East, a radius of 25.00 feet, a central angle of 13° 07' lY', an arc length of 5.72 feet to a
point; thence with a beating of South 13° 30' 39" East, a distance of 93.70 feet to a point; thence
with a beating of North 89° 16' 05" West, a distance of 51.99 feet to a point; thence with a beating
of North 00° 30' 00" West, a distance of 549.97 feet to a point; thence with a bearing of South 89°
16' 05" East, a distance of 30.00 feet, more or less, to the Point of Beginning.
Subject to a 16 foot Railroad track easement for railroad purposes, being more partiofiarly described
as follows: Commencing at the Northeast comer of said Section 18; thence with a bearing of South
00° 30' 00" East, along the East line of Section 18, a distance of 690.00 feet to a point; thence with a
bearing of South 89° 30' 00" West, a distance of 264.00 feet to a point; Thence with a bearing of
South 00° 30' 00" East, along a line lying 264.00 feet West of and parallel to the East line of Section
8, a distance of 670.10 feet to a point; thence with a bearing of North 89° 17' 11" West, a distance of
172.85 feet to a point; thence with a beating of South 00° 30' 00" East, a distance of 222.16 feet to
the Point of beginning of the boundary of 16 foot track easement; thence with a bearing of South
00° 30' 00" East, a distance of 39.70 feet to a point; thence with a curve concave to the Northeast,
having an initial tangent bearing of North 25° 23' 41" West, a radius of 924.65 feet, a central angle
of 04° 51' 58", an arc length of 78.53 feet to a point; thence with a bearing of North 00° 30' 00"
West, a distance of 50.31 feet to a point; thence with a curve concave to the northeast, having an
initial tangent bearing of South 17° 32' 49" East, a radius of 908.65 feet, a central angle of 05° 34'
34" East, an arc length of 88.43 feet, more or less, to the Point of Beginning
Also subject to an easement of ingress and egress over the roadway located on the hereinabove
described Parcels 2 and 3 for the purpose of access to the team track West of said property, for so
long as said tracks remain in place. And there is further reserved to Amtrak and the public, an
easement on ingress and egress over said roadway for the purpose of access to the present Amtrak
facility located thereon.
2 ORD. NO. 25-02
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
June 17, 2002
IV. E.
Conditional Use Request to Allow the Establishment of a Monument and Ornamental
Stone Cutting Facility For Natural Stone Fabrication, Located at the Northwest Corner
of West Atlantic Avenue and Interstate-95 (Former Train Station Depot).
GENERAL DATA:
Owner/Applicant/Agent .....
Location ..........................
Property Size ..................
Existing FLUM ................
Proposed FLUM .............
Current Zoning ................
Proposed Zoning .............
Adjacent Zoning ....North:
East:
South:
West:
Existing Land Use ...........
Proposed Land Use ........
Water Service .................
Sewer Service .................
The Atlantic Group Holdings,
Corp.
Northwest Comer of West
Atlantic Avenue and
Interstate-95 (Former
Train Station Depot).
1.80 Acres
GC (General Commercial) &
CMR (Commerce)
CMR (Commerce)
GC (General
Commercial) & MIC (Mixed
Industrial and Commercial)
MIC (Mixed Industrial and
Commercial)
I (industrial)
MIC (Mixed Industrial and
Commercial) & R-1-A (Single
from Interstate-95)
CD (Conservation District-
Across from West Atlantic
Avenue).
MIC (Mixed industrial and
Commercial)
Office Buildings
Monument and stone
cutting facility with
attendant showroom.
Existing on site.
Existing septic tank on
site, with drainage field at the
southernmost end of
property.
ROYAL
COMM.
PARK OF
D£LRA Y
DRIVE
" IV.E.
The action before the Board is making a recommendation to the City
Commission on a request for Conditional Use approval to establish a
Monumental and ornamental stone cutting use for Natural Stone
Fabrication, pursuaht to Section 2.4.5(E).
The subject property is located at the northwest corner of Interstate
Highway 95 and West Atlantic Avenue (80 Depot Avenue).
The property is 1.80 acres, and the property contains the 8,593 sq. ft. train depot which
was listed in the National Register of Historic Places in September, 1986 and in the
Local Register of Historic Places in October, 1988. The building was constructed in
1926 and has been used as an office for an interior decorator and furniture repair,
which are permitted uses in the proposed MIC zoning district.
At its meeting of November 25, 1986 the City Commission approved a Future Land Use
Map Amendment from Industrial to Commercial and a Rezoning from MI (Medium
Industrial) to GC (General Commercial). These were privately initiated applications by
the owner of the property. The applicant indicated that change to commercial
designations from industrial were appropriate since the use of the property by AMTRAK
had ended and that the property was appropriately sited for office and retail uses.
These proposed changes were requested despite the lack of access to West Atlantic
Avenue.
In 1988, site plan approval was requested for the conversion of the 8,593 sq. ft. train
station to offices and associated additions to accommodate approximately 11,000 sq. ft.
the Historic Preservation Board provided direction to address comments, however the
applicant did not re-submit and the file closed.
An application has been submitted to use the northern portion of the building as a
monument and ornamental stone cutting and polishing business and is now before the
Board for action.
The conditional use request to establish a Monument and ornamental stone cutting use.
The development proposal includes the following:
Conversion of 7,200 square feet of the train depot (north portion) to a monument
and ornamental stone cutting use. The use involves the cutting and polishing of
granite and marble slabs, which will occur within the existing building;
Designation of an Outdoor storage area along the northeast side of the property.
The applicant proposes no exterior upgrades including landscaping, parking, dumpster
enclosures or screening of outdoor storage areas. The hours of operation will be 7:00
P & Z Board Staff Report
Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone
Cutting
Page 2
a.m. to 3:30 p.m., Monday through Sunday. The proposed stone cutting business will
employee 8 persons.
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.1.1 (Required Findings) of the Land Development
Regulations, prior to approval of development applications, certain findings must
be made in a form which is part of the official record. This may be achieved
through information on the application, 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 consistency with the Future
Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance
with the Land Development Regulations.
With the FLUM amendment to CMR (Commerce) and rezoning to MIC (Mixed Industrial
and Commercial), positive findings were made with respect to Concurrency,
Comprehensive Plan Consistency and Future Land Use Map Consistency. These
findings and Compliance with Land Development Regulations are discussed below.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone
district and the zoning district must be consistent with the land use designation.
The subject property has a GC (General Commercial) in part and CMR (Commerce)in
part Future Land Use Map (FLUM) designations and is currently zoned GC (General
Commercial) in part and MIC (Mixed Industrial and Commercial) in part. Applications
have been submitted to change the FLUM designations to CMR-and rezone the
property to MIC. The proposed MIC zoning is consistent with the CMR-land use
designation. The proposal is to convert a portion of the property for a monument and
ornamental stone cutting business. The remainder of the building will be occupied by
the existing interior decorator office and furniture repair business. These are allowed
uses in the MIC zoning district. Pursuant to the LDR Section 4.4.19(D)(2), within the
MIC zone district monumental and omamental stone cuffing is allowed as a conditional
use. Based upon the above, a positive finding can be made with respect to consistency
with the Future 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.
P & Z Board Staff Report
Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone
Cutting
Page 3
Traffic:
The applicant has submitted a traffic statement that indicates that the northern 7,200
square feet of the building utilized for an industrial use, will generate 47 average daily
trips onto the surrounding road network. The 7,200 square foot building's highest
intensity under the existing commercial land use designation may result in a maximum
of 170 trips (7,200 sq.ft./1,000x42.92-45%=170 trips). Therefore a reduction in traffic
impact is to be expected.
Water and Sewer:
~ Water service is provided to the site via an 8" water main, which is located along the
south side of the property on West Atlantic Avenue.
i-I Sewer service is provided via a septic tank system. The drainage field is located
along the south side of the property.
I~ Adequate fire suppression is provided to the site via an existing fire hydrant along
the northeast side of the building.
The Comprehensive Plan states that adequate water and sewer treatment capacity
exists to meet the adopted LOS at the City's build-out population based on the current
FLUM. Pursuant to the Public Facilities Element Policy A-1.1, existing septic tanks
which are located in sewered areas throughout the City shall be removed from use as
necessary pursuant to Florida Statutes. There are no sewer mains located adjacent to
the property or within reasonable distance to extend to the subject property. The
proposed conversion of the commercial property to industrial will decrease the demand
on all public services. Thus, a positive finding with respect to this level of service
standard can be made.
Parks and Recreation:
There will be no impact on the City's Parks and Recreation facilities system 'due to the
FLUM and Rezoning changes on the Conditional Use request.
Solid Waste:
Trash generated each year by the 7,200 square foot stone cutting operation will be will
be 16.92 tons per year. The existing 7,200 square foot general commercial generates
26.28 tons per year. The conversion will result in a net decrease in the impact on this
level of service standard. It is anticipated that there will be environmental resource
recovery equipment required with this use by the Department of Environmental
Protection. The applicant will be required to include the location of the equipment with
the site plan modification.
Based on the above a positive finding can be made that a net reduction of the impacts
on these Levels of Service Standards will occur.
P & Z Board Staff Report
Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone
Cutting
Page 4
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.5(E)($) for the Conditional Use request shall
be the basis upon which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan may be used in
making a. finding of overall consistency.
COMPREHENSIVE PLAN POLICIES:
Future Land Use Element Policy C-1.3 - The City shall concentrate efforts in the
heavy industrial and undeveloped areas along arterial roadways in order to
provide a better image of the community.
Such efforts should include:
Enhanced and continuous code enforcement,
Regulations which required heavy industrial uses to provide perimeter
landscaping of their sites,
Owners of vacant property shall provide a landscape appearance of their
properties.
The applicant has not submitted a conceptual plan for the subject property. A condition
of approval is attached that a site plan modification be submitted that addresses
perimeter and interior landscaping, parking area, dumpster enclosure, and outdoor
storage area improvements. These improvements will be required to address this
Policy as well as the Historic Preservation Board's concerns regarding the proposed
use at this property and specifically the outdoor storage of material. These issues are
addressed as conditions of approval in the attached Exhibit "A."
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby properties.
The following zoning designations and uses border the property:
Direction Zoning Uses
North MIC
West MIC
South CD
East MIC & R-1-A
Vacant
Industrial
Preserve Area
Industrial & Single Family (Across 1-95)
P & Z Board Staff Report
Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone
Cutting
Page 5
The proposed monumental and ornamental stone cutting business will be
compatible with the existing industrial uses to the north, east and west. There
will be several improvements that will be required such as perimeter/interior
landscaping, dumpster enclosure, parking area, and outdoor storege area
screening improvements that will be required due'to compatibility to the south,
which will be discussed in the following section.
The Historic Preservation Board considered this request on June 5, 2002 and
expressed concerns with respect to the adveree impacts the outdoor storage
would have on the historic structure. The Board felt that this type of use was not
compatible with the historic nature of the building and had particular concern with
the outside storage component.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
If the Conditional Use is approved a site plan submittal complying with the Land
Development Regulations will be required. Along with the Conditional Use
request, a survey has been submitted and reviewed by staff. Based upon staff's
review of the sketch plan and site inspections, "Technical Items" were identified
which are attached as Exhibit "A." Most of the items relate to site plan issues.
These items have been transmitted to the applicant and will need to be addressed
with the site plan modification submittal. The following regulations relate to the
proposed monument and ornamental stone cutting facility.
Outdoor Storage:
Pursuant to LDR Section 4.6.6(C)(2), materials and equipment stored outside must be
screened from view from adjacent public rights-of-way in a manner approved by the
Historic Preservation Board. Outside storage may not be located within a required
setback area. It is not intended that sales or customer service be conducted in an area
designated for storage. The applicant has indicated that the outdoor storage of
supplies will be provided along the northeast side of the property, which is adjacent to
Interstate Highway 95. Furthermore, there is no screening provided for this storage
area. The setback along this side of the property is 25'. A condition of approval is
attached that the outdoor storage area is relocated out of the required 25' setback. It is
appropriate to relocate the outdoor storage to the north side of the building to screen it
from view from the adjacent 1-95 and West Atlantic Avenue rights-of-way. This together
with appropriate screening of the outdoor storage area should address the Historic
Preservation Board's concern. Aside from the storage of material, no other element of
the stone cutting business may be conducted outside. A condition of approval is
attached that the outside operation of the business, besides outdoor storage in a
designated area, is prohibited.
There are materials currently being stored beneath the depot canopy along the west
side of the property. This material contains no screening and is not located in an
P & Z Board Staff Report
Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone
Cutting
Page 6
approved outdoor storage area. With the site plan modification, this material must be
relocated to a designated outdoor storage area and appropriately screened.
Loading Area:
Pursuant to LDR Section 4.6.10, a loading area is required and must be designated.
The applicant has not indicated where the loading area will be located. A condition of
approval is attached that the location of the loading area is provided on the site plan.
Dumpster EnclosUre:
Pursuant to LDR Section 4.6.16(H)(3)(n), all dumpster and refuse areas must be
screened. The property contains several dumpster located on the north side of the train
depot without any screening. A condition of approval is attached that a dumpster
enclosure is provided together with landscaping.
The subject property is not in a geographical area requiring review by the DDA
(Downtown Development Authority) and CRA (Community Redevelopment Agency).
Historic Preservation Board (HPB)
The HPB reviewed the FLUM amendment, Zoning Map change and Conditional Use at
its meeting of June 5, 2002 and recommended approval of the FLUM amendment and
Zoning Map change. The Board recognized that the CMR FLUM designation and MIC
zoning designation were appropriate for the property. However, the Board did not
support the Conditional Use request. The Board felt that the proposed monument and
ornamental stone cutting business is an inappropriate use for the train depot.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
El PROD
El President's Council
D United Property Owners Association
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of support and objection, if any, will be presented at the
Planning and Zoning Board meeting.
P & Z Board Staff Report
Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone
Cutting
Page 7
The proposed conditional use will allow for the adaptive reuse of the train depot, which
has struggled as a commercial property. There is a concern that the business be
conducted within the building and that the outdoor storage be adequately screened.
There are conditions of approval that address these issues. Additionally, a site plan
modification must be submitted that address the site specific issues. There are
conditions of approval that are attached in Exhibit "A" that address improvements for
the property such as parking, landscaping, and dumpster enclosure improvements.
Subject to these conditions of approval, the proposed monument and ornamental stone
cutting business is consistent with Chapter 3 of the Land Development Regulations and
the policies of the Comprehensive Plan. Positive findings with respect to LDR Section
2.4.5(E)(5) (Conditional Use Findings) can be made.
1. Continue with direction.
Recommend approval of the conditional use request for a Monument and
ornamental stone cutting for Natural Stone Fabrication based upon positive
findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the
policies of the Comprehensive Plan subject to conditions.
Recommend denial of the conditional use request for a Monument and
ornamental stone cutting for Natural Stone Fabrication based upon a failure to
make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use
Findings) of the Land Development Regulations, that the-proposed use will
hinder development or redevelopment of nearby properties.
Recommend to the City Commission approval of the conditional use request for a
Monument and ornamental stone cutting for Natural Stone Fabrication, based upon
positive findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies
of the Comprehensive Plan subject to the following conditions:
1. That a site plan modification be submitted which addresses the "Technical Items"
attached in Exhibit "A";
2. That the outdoor storage area is relocated out of the required 25' setback and
appropriately screened;
P & Z Board Staff Report ":"
Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone
Cutting
Page 8
3. Aside from the storage of material, any other element of the stone cutting business
may not be conducted outside. This will include a prohibition on cutting, polishing
anywhere except inside the enclosed building;
4. That the location of the loading area is provided on the site plan;
5. Provide location of any environmental equipment and provide appropriate screening.
This equipment should not be visible from offsite;
6. That a dumpster is provided together with landscaping.
Attachments:
O Exhibit A
Report prepared by: Scott Pape, Senior Planner
P & Z Board Staff Report
Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone
Cutting
Page 9
o
10.
11.
That a site plan modification be submitted that demonstrates compliance with th~
Land Development Regulations.
Pursuant to LDR Section 4.3.4(H)(6)(b)(3), a special landscape area shall be
provided along West Atlantic Avenue, which shall be the smaller distance of
either 30' or 10% of the average depth of the property. The property is
approximately 1,319' deep, therefore, a 30' special landscape setback from the
ultimate right-of-way is required along West Atlantic Avenue. A landscape plan
identifying proposed landscape material in this area is required.
That a photometric plan be provided that demonstrates compliance with LDR
Section 4.6.8.
That a revised traffic study is submitted and a letter received from the Palm
Beach County Traffic Engineering Division, which indicates that the development
proposal complies with the Palm Beach County Traffic Performance Ordinance
prior to issuance of a building permit.
A type "D" curb shall be required to buffer the landscape areas from the vehicular
areas.
That the parking area be resurfaced.
That perimeter and interior landscaping and landscape islands, in the parking
area are provided in accordance with LDR Section 4.6.16(H)(3).
All landscape areas shall be irrigated.
That the northem 25' of the property be dedicated for Depot Avenue with Road
determined by the Development Services Management Group.
That the service utilities be placed underground per LDR Section 6.1.8.
That the unpaved portions of the adjacent rights-of-way shall be landscaped with
sod and irrigated. This includes the small portion along Atlantic Avenue.
DELRA Y o 5
> ~ ~ __~N~ ST.
I
SA ~L~l TE-FA ClLI ry
~ N.W. 1ST ST N W. IST ST.
AWNING
oZ ~~~~ ~ I!~ ~. -
~ NATURAL STONE FABRICATION
c~ ~ ~E~ e~CH, ~ ~- AREA OF MODIFICATION
NOLAND
TO:
THRU:
FROM:
SUBJECT:
MEETING OF AUGUST 6, 2002
CONDITIONAL USE REQUEST TO ESTABLISH A MONUMENT
AND ORNAMENTAL
STONE CUTTING FACILITY (NATURAL STONE FABRICATION) LOCATED AT THE
NORTHWEST CORNER OF INTERSTATE HIGHWAY 95 AND WEST ATLANTIC AVENUE
(80 DEPOT ROAD - HISTORIC TRAIN DEPOT).
II
The property is 1.80 acres, and contains the 8,593 sq. ft. train depot which was listed in the National Register
of Historic Places in September, 1986 and in the Local Register of Historic Places in October, 1988. The
building was constructed in 1926 and has been used as an office for an interior decorator and furniture repair,
which are permitted uses in both the existing GC zoning district as well as the proposed MIC zoning district.
An application has been submitted to change the FLUM designation from General Commercial to Commerce
and a rezoning from GC (General Commercial) to MIC (Mixed Industrial and Commercial) and have been
processed concurrently with the subject conditional use. These designation changes are necessary as the
proposed conditional use is not allowed in the commercial designations. At its meeting of June 17, 2002, the
Planning and Zoning Board recommended approval of the proposed FLUM amendment and Rezoning.
The applicant proposes to occupy 7,200 square feet of the train depot (northern portion) with a stone cutting
business. The use will include outdoor storage along the northeast side of the property. The hours of
operation will be 7:00 a.m. to 3:30 p.m. Monday through Saturday and will employee 8 people.
The Historic Preservation Board considered this request on June 5, 2002 and expressed concerns with respect
to the adverse impacts the outdoor storage would have on the historic structure. The Board felt that this type
of use was not compatible with the historic nature of the building and had particular concern with the outside
storage component.
The request was originally scheduled for the meeting of July 16, 2002, at which time the City Commission
tabled the proposed Conditional Use request to a date certain of August 6, 2002. This was done at the request
of the applicant who needed additional time to explore other development options for the subject property.
At its meeting of June 17, 2002, the Planning and Zoning Board held a public hearing in conjunction with the
Conditional Use request and no one from the public spoke. After discussing the proposal, the Board
unanimously voted to recommend approval of the Monument and ornamental stone cutting facility subject to
the conditions in the attached staff report.
Approve the Conditional Use request to establish a Monument and ornamental stone cuffing facility for
Natural Stone Fabrication, based upon positive findings with respect to Chapter 3 (Performance Standards),
Section 2.4.5(E)(5) (Conditional Use Findings), and the policies of the Comprehensive Plan, subject to the
conditions contained in the attached staff report.
Attachment: P&Z Staff Report and Documentation of June 17, 2002 JO, ..~. '7
PLANNING AND ZONING BOARD
CiTY OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
June 17, 2002
IV. E.
Conditional Use Request to Allow the Establishment of a Monument and Ornamental
Stone Cutting Facility For Natural Stone Fabrication, Located at the Northwest Comer
of West Atlantic Avenue and Interstate-95 (Former Train Station Depot).
GENERAL DATA:
Owner/Applicant/Agent .....
Location ..........................
Property Size ..................
Existing FLUM ................
Proposed FLUM .............
Current Zoning ................
Proposed Zoning .............
Adjacent Zoning ....North:
East:
South:
West:
Existing Land Use ...........
Proposed Land Use ........
Water Service .................
Sewer Service .................
The Atlantic Group Holdings,
Corp.
Northwest Corner of West
Atlantic Avenue and
Interstate-95 (Former
Train Station Depot).
1.80 Acres
GC (General Commercial) &
CMR (Commerce)
CMR (Commerce)
GC (General
Commercial) & MIC (Mixed
Industrial and Commercial)
MIC (Mixed Industrial and
Commercial)
I (Industrial)
MIC (Mixed Industrial and
Commercial) & R-1-A (Single
from Interstate-95)
CD (Conservation District-
Across from West Atlantic
Avenue).
MIC (Mixed Industrial and
Commercial)
Office Buildings
Monument and stone
cutting facility with
attendant showroom.
Existing on site.
Ex~sting septic tank on
site, with drainage field at the
southernmost end of
property.
r~' COMM
0 PARK OF ~
Z DELRA Y ( ~ ~ )
IV.E.
The action before the Board is making a recommendation to the City
Commission on a request for Conditional Use approval to establish a
Monumental and ornamental stone cutting use for Natural Stone
Fabrication, pursuant to Section 2.4.5(E).
The subject property is located at the northwest corner of Interstate
Highway 95 and West Atlantic Avenue (80 Depot Avenue).
The property is 1.80 acres, and the property contains the 8,593 sq. ft. train depot which
was listed in the National Register of Historic Places in September, 1986 and in the
Local Register of Historic Places in October, 1988. The building was constructed in
1926 and has been used as an office for an interior decorator and furniture repair,
which are permitted uses in the proposed MIC zoning district.
At its meeting of November 25, 1986 the City Commission approved a Future Land Use
Map Amendment from Industrial to Commercial and a Rezoning from MI (Medium
Industrial) to GC (General Commercial). These were privately initiated applications by
the owner of the property. The applicant indicated that change to commercial
designations from industrial were appropriate since the use of the property by AMTRAK
had ended and that the property was appropriately sited for office and retail uses.
These proposed changes were requested despite the lack of access to West Atlantic
Avenue.
In 1988, site plan approval was requested for the conversion of the 8,593 sq. ft. train
station to offices and associated additions to accommodate approximately 11,000 sq. ft.
the Historic Preservation Board provided direction to address comments, however the
applicant did not re-submit and the file closed.
An application has been submitted to use the northern portion of the building as a
monument and ornamental stone cutting and polishing business and is now before the
Board for action.
The conditional use request to establish a Monument and ornamental stone cutting use.
The development proposal includes the following:
r'l
Conversion of 7,200 square feet of the train depot (north portion) to a monument
and ornamental stone cutting use. The use involves the cutting and polishing of
granite and marble slabs, which will occur within the existing building;
Designation of an Outdoor storage area along the northeast side of the property.
The applicant proposes no exterior upgrades including landscaping, parking, dumpster
enclosures or screening of outdoor storage areas. The hours of operation will be 7:00
P & Z Board Staff Report "'"
Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone
Cutting
Page 2
a.m. to 3:30 p.m., Monday through Sunday. The proposed stone cutting business will
employee 8 persons.
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.1.1 (Required Findings) of the Land Development
Regulations, prior to approval of development applications, certain findings must
be made in a form which is part of the official record. This may be achieved
through information on the application, 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 consistency with the Future
Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance
with the Land Development Regulations.
With the FLUM amendment to CMR (Commerce) and rezoning to MIC (Mixed Industrial
and Commercial), positive findings were made with respect to Concurrency,
Comprehensive Plan Consistency and Future Land Use Map Consistency. These
findings and Compliance with Land Development Regulations are discussed below.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone
district and the zoning district must be consistent with the land use designation.
The subject property has a GC (General Commercial) in part and CMR (Commerce)in
part Future Land Use Map (FLUM) designations and is currently zoned GC (General
Commercial) in part and MIC (Mixed Industrial and Commercial) in part. Applications
have been submitted to change the FLUM designations to CMR and rezone the
property to MIC. The proposed MIC zoning is consistent with the CMR land use
designation. The proposal is to convert a portion of the property for a monument and
ornamental stone cutting business. The remainder of the building will be occupied by
the existing interior decorator office and furniture repair business. These are allowed
uses in the MIC zoning district. Pursuant to the LDR Section 4.4.19(D)(2), within the
MIC zone district monumental and ornamental stone cutting is allowed as a conditional
use. Based upon the above, a positive finding can be made with respect to consistency
with the Future 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.
P & Z Board Staff Report
Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone
Cutting
Page 3
Traffic:
The applicant has submitted a traffic statement that indicates that the northern 7,200
square feet of the building utilized for an industrial use, will generate 47 average daily
trips onto the surrounding road network. The 7,200 square foot building's highest
intensity under the existing commercial land use designation may result in a maximum
of 170 trips (7,200 sq.ft./1,000x42.92-45%=170 trips). Therefore a reduction in traffic
impact is to be expected.
Water and Sewer:
[3 Water service is provided to the site via an 8" water main, which is located along the
south side of the property on West Atlantic Avenue.
[] Sewer service is provided via a septic tank system. The drainage field is located
along the south side of the property.
[] Adequate fire suppression is provided to the site via an existing fire hydrant along
the northeast side of the building.
The Comprehensive Plan states that adequate water and sewer treatment capacity
exists to meet the adopted LOS at the City's build-out population based on the current
FLUM. Pursuant to the Public Facilities Element Policy A-1.1, existing septic tanks
which are located in sewered areas throughout the City shall be removed from use as
necessary pursuant to Florida Statutes. There are no sewer mains located adjacent to
the property or within reasonable distance to extend to the subject property. The
proposed conversion of the commercial property to industrial will decrease the demand
on all public services. Thus, a positive finding with respect to this level of service
standard can be made.
Parks and Recreation:
There will be no impact on the City's Parks and Recreation facilities system due to the
FLUM and Rezoning changes on the Conditional Use request.
Solid Waste:
Trash generated each year by the 7,200 square foot stone cutting operation will be will
be 16.92 tons per year. The existing 7,200 square foot general commercial generates
26.28 tons per year. The conversion will result in a net decrease in the impact on this
level of service standard. It is anticipated that there will be environmental resource
recovery equipment required with this use by the Department of Environmental
Protection. The applicant will be required to include the location of the equipment with
the site plan modification.
Based on the above a positive finding can be made that a net reduction of the impacts
on these Levels of Service Standards will occur.
P & Z Board Staff Report
Natural Stone Fabrication - Conditional Use Request for Monument and Omamental Stone
Cutting
Page 4
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall
be the basis upon which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan may be used in
making a finding of overall consistency.
COMPREHENSIVE PLAN POLICIES:
Future Land Use Element Policy C-1.3 - The City shall concentrate efforts in the
heavy industrial and undeveloped areas along arterial roadways in order to
provide a better image of the community.
Such efforts should include:
Enhanced and continuous code enforcement,
Regulations which required heavy industrial uses to provide perimeter
landscaping of their sites,
Owners of vacant property shall provide a landscape appearance of their
properties.
The applicant has not submitted a conceptual plan for the subject property. A condition
of approval is attached that a site plan modification be submitted that addresses
perimeter and interior landscaping, parking area, dumpster enclosure, and outdoor
storage area improvements. These improvements will be required to address this
Policy as well as the Historic Preservation Board's concerns regarding the proposed
use at this property and specifically the outdoor storage of material. These issues are
addressed as conditions of approval in the attached Exhibit "A."
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby properties.
The following zoning designations and uses border the property:
Direction Zoninq Uses
North MIC
West MIC
South CD
East MIC & R-I-A
Vacant
Industrial
Preserve Area
Industrial & Single Family (Across 1-95)
P & Z Board Staff Report '-'"'
Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone
Cutting
Page 5
The proposed monumental and ornamental stone cutting business will be
compatible with the existing industrial uses to the north, east and west. There
will be several improvements that will be required such as perimeter/interior
landscaping, dumpster enclosure, parking area, and outdoor storage area
screening improvements that will be required due to compatibility to the south,
which will be discussed in the following section.
The Historic Preservation Board considered this request on June 5, 2002 and
expressed concerns with respect to the adverse impacts the outdoor storage
would have on the historic structure. The Board felt that this type of use was not
compatible with the historic nature of the building and had particular concern with
the outside storage component.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
If the Conditional Use is approved a site plan submittal complying with the Land
Development Regulations will be required. Along with the Conditional Use
request, a survey has been submitted and reviewed by staff. Based upon staff's
review of the sketch plan and site inspections, "Technical Items" were identified
which are attached as Exhibit "A." Most of the items relate to site plan issues.
These items have been transmitted to the applicant and will need to be addressed
with the site plan modification submittal. The following regulations relate to the
proposed monument and ornamental stone cuffing facility.
Outdoor Storage:
Pursuant to LDR Section 4.6.6(C)(2), materials and equipment stored outside must be
screened from view from adjacent public rights-of-way in a manner approved by the
Historic Preservation Board. Outside storage may not be located within a required
setback area. It is not intended that sales or customer service be conducted in an area
designated for storage. The applicant has indicated that the outdoor storage of
supplies will be provided along the northeast side of the property, which is adjacent to
Interstate Highway 95. Furthermore, there is no screening provided for this storage
area. The setback along this side of the property is 25'. A condition of approval is
attached that the outdoor storage area is relocated out of the required 25' setback. It is
appropriate to relocate the outdoor storage to the north side of the building to screen it
from view from the adjacent 1-95 and West Atlantic Avenue rights-of-way. This together
with appropriate screening of the outdoor storage area should address the Historic
Preservation Board's concern. Aside from the storage of material, no other element of
the stone cutting business may be conducted outside. A condition of approval is
attached that the outside operation of the business, besides outdoor storage in a
designated area, is prohibited.
There are materials currently being stored beneath the depot canopy along the west
side of the property. This material contains no screening and is not located in an
P & Z Board Staff Report ' ""'
Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone
Cutting
Page 6
approved outdoor storage area. With the site plan modification, this material must be
relocated to a designated outdoor storage area and appropriately screened.
Loading Area:
Pursuant to LDR Section 4.6.10, a loading area i§ required and must be designated.
The applicant has not indicated where the loading area will be located. A condition of
approval is attached that the location of the loading area is provided on the site plan.
Dumpster Enclosure:
Pursuant to LDR Section 4.6.16(H)(3)(n), all dumpster and refuse areas must be
screened. The property contains several dumpster located on the north side of the train
depot without any screening. A condition of approval is attached that a dumpster
enclosure is provided together with landscaping.
The subject property is not in a geographical area requiring review by the DDA
(Downtown Development Authority) and CRA (Community Redevelopment Agency).
Historic Preservation Board (HPB)
The HPB reviewed the FLUM amendment, Zoning Map change and Conditional Use at
its meeting of June 5, 2002 and recommended approval of the FLUM amendment and
Zoning Map change. The Board recognized that the CMR FLUM designation and MIC
zoning designation were appropriate for the property. However, the Board did not
support the Conditional Use request. The Board felt that the proposed monument and
ornamental stone cutting business is an inappropriate use for the train depot.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
PROD
President's Council
United Property Owners Association
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of support and objection, if any, will be presented at the
Planning and Zoning Board meeting.
P & Z Board Staff Report
Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone
Cutting
Page 7
The proposed conditional use will allow for the adaptive reuse of the train depot, which
has struggled as a commercial property. There is a concern that the business be
conducted within the building and that the outdoor storage be adequately screened.
There are conditions of approval that address these issues. Additionally, a site plan
modification must be submitted that address the site specific issues. There are
conditions of approval that are attached in Exhibit "A" that address improvements for
the property such as parking, landscaping, and dumpster enclosure improvements.
Subject to these conditions of approval, the proposed monument and ornamental stone
cutting business is consistent with Chapter 3 of the Land Development Regulations and
the policies of the Comprehensive Plan. Positive findings with respect to LDR Section
2.4.5(E)(5) (Conditional Use Findings) can be made.
1. Continue with direction.
Recommend approval of the conditional use request for a Monument and
ornamental stone cutting for Natural Stone Fabrication based upon positive
findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the
policies of the Comprehensive Plan subject to conditions.
Recommend denial of the conditional use request for a Monument and
ornamental stone cutting for Natural Stone Fabrication based upon a failure to
make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use
Findings) of the Land Development Regulations, that the proposed use will
hinder development or redevelopment of nearby properties.
Recommend to the City Commission approval of the conditional use request for a
Monument and ornamental stone cutting for Natural Stone Fabrication, based upon
positive findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies
of the Comprehensive Plan subject to the following conditions:
1. That a site plan modification be submitted which addresses the "Technical Items"
attached in Exhibit "A";
2. That the outdoor storage area is relocated out of the required 25' setback and
appropriately screened;
P & Z Board Staff Report
Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone
Cuffing
Page 8
3. Aside from the storage of material, any other element of the stone cutting business
may not be conducted outside. This will include a prohibition on cutting, polishing
anywhere except inside the enclosed building;
4. That the location of the loading area is provided on the site plan;
5. Provide location of any environmental equipment and provide appropriate screening.
This equipment should not be visible from offsite;
6. That a dumpster is provided together with landscaping.
Attachments:
El Exhibit A
Report prepared by: Scott Pape, Senior Planner
P & Z Board Staff Report
Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone
Cutting
Page 9
o
10.
11.
That a site plan modification be submitted that demonstrates compliance with the
Land Development Regulations.
Pursuant to LDR Section 4.3.4(H)(6)(b)(3), a special landscape area shall be
provided along West Atlantic Avenue, which shall be the smaller distance of
either 30' or 10% of the average depth of the property. The property is
approximately 1,319' deep, therefore, a 30' special landscape setback from the
ultimate right-of-way is required along West Atlantic Avenue. A landscape plan
identifying proposed landscape material in this area is required.
That a photometric plan be provided that demonstrates compliance with LDR
Section 4.6.8.
That a revised traffic study is submitted and a letter received from the Palm
Beach County Traffic Engineering Division, which indicates that the development
proposal complies with the Palm Beach County Traffic Performance Ordinance
prior to issuance of a building permit.
A type "D" curb shall be required to buffer the landscape areas from the vehicular
areas.
That the parking area be resurfaced.
That perimeter and interior landscaping and landscape islands in the parking
area are provided in accordance with LDR Section 4.6.16(H)(3).
All landscape areas shall be irrigated.
That the northern 25' of the property be dedicated for Depot Avenue with Road
determined by the Development Services Management Group.
That the service utilities be placed underground per LDR Section 6.1.8.
That the unpaved portions of the adjacent rights-of-way shall be landscaped with
sod and irrigated. This includes the small portion along Atlantic Avenue.
CONGRESS
A VENUE
CENTER
MDS WHOLESALE
BEAUTY SUPPLIES
PALM TRAN
SA TELLI TE-FA CIL I Tt
N.W 1ST ST.
DELRA Y
AWNING
S~TA /
~ELRA Y / AR TIC
CENTER / ICE
NOLAND
MARTY
KEYSTONE
CR£A nONS
FLADELL DRIVE
ROYAL
COMM.
PARK OF
DELRA Y
CHEVRON
RINKER
MA TERIALS
CITY OF' DE[RAY BEACH, FL
PLANNING & ZONINGDEPARTMENT
NATURAL STONE FABRICATION
~ - AREA OF MODIFICATION
---- DI~'FT,*II. ~,~SE' M~ SYSI'E'.,~¢ -- MAP REF' LM615
08/06/2002 15:21 5612433741
DECOR AND MORE
PAGE
Bi
Delray S~
137 E. Atlanlic Ave.
Dell'ay Beach, FL 33444
Tel (561) 243-1609
Fax (561) 276.9497
MARKET PLACE
Fadol~
80 Del~t Ave.
Deiray Beech, FL 33444
Tel (561) 243-11~2
Fax (561) 243-3741
1209 Mai~116
Jupiter. FL 334~=8
Tel (56~)
Fax {s~) ~
August 6, 2002
Mr. Paul DoMing
Oty of Delray Beach
FAX 561-243-7221
Dear Paul,
Please withdraw our application for Re-zoning & Special Use for 80 DepOt
Avenue in Delray Beach, Flodda.
Thank you very much as usual for your c(x)per~on.
More Marketplace
RECEIVED
AUG 0 6 2002
PLANNmti & ZONli,IG
87/88/2862 11:25 5612433741 DECOR AND MORE PAGE 01
Detmy Showroom
137 IE. Atlantic Ave,
Delray Beech, FL 33444
Tel (561) 243-1609
Fax (561) 276-9497
MARKET PLACE
Factory
80 Depot Ave.
Delray Beach, FL 33444
Tel (561) 243~1152
Fax (561) 243-3741
Abacoa
1209 Main St. Ste 116
Jupiter, FL 33458
Te (561) 82S-6t~1
Fax (561) 626-9511
3uly 8, 2002
Paul Doding
Delray Beach Planning & Zoning
:[00 NW :[st Avenue
Delray Beach, Florida 33444
Via Fax- 561-243-7221
RE: 80 Depot Avenue
Dear Paul,
I thank you and your staff for all their assistance in getting a zoning change. At
this Ume, because of a possible change in use as per our existing zoning, ! would
like to ask that you put off the final hearing until the August meeting.
Thank you,
Aldo Conigliaro, President
D~cor & Mom Marketplace
REC 'VED
JUL O 8 200Z
PL~I~ti",I!t~u ~ LORING
CITY OF DELRAY BEACH
NOTICE OF PROPOSED LAND USE
CHANGE AND REZONING
The City Commission of the City of Delray Beach, Florida, proposes to
adopt the following small scale amendment to the Comprehensive Plan of
the City of Delray Beach:
· A small scale Future Land Use Map amendment FROM CMR
(Commerce) in port and GC (General Commercial) in port TO CMR
(Commerce) and rezoning from MIC (Mixed Industrial and Commercial)
in part and GC (General Commercial) in port to northwest corner of West
Atlantic Avenue and Interstate 95 9(known as Depot Square Historic site,
former Train Station).
The City Commission will conduct a Public Hearing on TtJESDAYr JULY
16, 2002, AT 7.'00 P.M., in the Commission Chambers at City Hall, 100
N.W. 1st Avenue, Delray Beach, Florida lot at any continuation of such
meeting). At this meeting the City Commission will consider adopting this
small scale amendment to the Future Land Map of the Comprehensive Plan.
The tilde of the enacting ordinance is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM
CUR (COMMERCE] IN PART AND GC (GENERAL COMMERCIAl.) IN PART
TO CUR ICOMMERCEI ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY
ZONED OC IOENERAL COMMERCIAL) DISTRICT AND MIC (MIXED
INDUSTRIAL AND COMMERCIAL} DISTRICT TO MIC IMIXED INDUSTRIAL
AND COMMERCIALI DISTRICT; SAID LAND BEING A PARCEL OF LAND
LOCATED ON THE NORTHWEST CORNER OF WEST ATLANTIC AVENUE
AND INTERSTATE-95 (FORMER TRAIN STATION DEPOT), AS MORE
PARTICULARLY DESCRIBED HEREIN, AMENDING *ZONING MAP OF
DELRAY BEACH, FLORIDA, FEBRUARY, 2002'; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
All inlmmted citizens are invil~d to attend the public hearings and comment
upon the proposed ordinance or submit Iheir comments in writing on or
before lhe date of these hearings to Ihe Planning and Zoning Department.
For furfl~' information or to obtain a copy o~the proposed ordinance,
please contact the Planning and Zoning Department, City Hall, 100 N.W.
1st A.~ve~nu.e, Delray Beach, Florida '33444 {email at
~-~~,.~,~.-..-..*-..~.~r~l or by calling 56.1/2437040), between
the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding
PLEASE BE ADVISED THAT ~F A PERSON DEaDES TO ~PEA~ ANY
DEaS~O~ ~ B~' THE crn' CO~U~SS~ON wrrH RESPECT TO
MAWR CC~S~D~RED AT THESE BEAR~t,~S, SUCH ~RSO.~ ~¥ NEED
TO ENSURE THAT A VERBATU~ RECC~D ~NCLUDI~S THE TESTIMONY
AND EVIDENCE UPON WHICH THE APP~J. ~S TO BE BASED. THE crn'
DOES NOT PROVID~ NC~ P~EPARE SUCH RECC~D. PURSUANT TO F.S.
286.0105.
PUBUSH: Boca Raton/Delray Beach News
Friday, July 5, 2002
Ad# NS060280
CITY OF DELRAY BEACH
Barbam C-,ar~o, CMC
City Clerk