CITY OF DEERFIELD BEACH Request for City Commission Agenda

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Claribel Montgomery
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1 Item: CITY OF DEERFIELD BEACH Request for City Commission Agenda Agenda Date Requested: August 16, 2011 Contact Person: Gerald R. Ferguson - Director of Planning & Growth Management Description: WASTE SERVICES OF FLORIDA, INC., by George Petrocelli, P.E. - Request to amend the restrictive note on the Ledds Enterprises II Plat as described in the attached memo. Fiscal Impact: Not applicable Budget Line Item Number and Title: Not applicable Required Attachment: A Cover Memo from the Department Head to the City Manager further describing the request and providing back-up information and documents. THIS SECTION RESERVED FOR PROCESSING OF THE REQUEST Ordinance Resolution Consent Agenda Agenda Item Type Presentation Written Request Public Hearing Public Hearing Second Reading Quasi-Judicial Public Hearing General Item Comments: ITEM APPROVED FOR THE AGENDA: Signature Date

2 RESOLUTION NO. 2011/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, APPROVING A PLAT NOTE AMENDMENT FOR THE LEDDS ENTERPRISES II PLAT TO CHANGE THE EXISTING SUBDIVISION OF THE PLAT FROM TWO PARCELS (A-1 AND A-2) TO THREE PARCELS (A-1B, A-2 AND A-3), AND ALLOW A FREE STANDING ANCILLARY OFFICE USE ON PARCEL A- 3. WHEREAS, Waste Services of Florida Inc. wishes to amend the note on the LEDDS Enterprises II Plat located at 1750 S.W. 43 rd Terrace, Deerfield Beach, Florida, as follows: FROM: Parcel A-1 (see attached legal description is restricted to 300,346 (244,506 existing and 55,840 square feet proposed) square feet of industrial use and Parcel A-2 (see attached legal description) is restricted to 44,654 square feet of industrial use. Commercial/retail uses and freestanding office buildings are not permitted without the approval of the Board of County Commissioners who shall review and address these uses for increased impacts. Industrial buildings may have no more than 30% ancillary office space per bay or single tenant building. TO: Parcel A-1 (see attached legal description is restricted to 283,346 (227,506 existing and 55,840 square feet proposed) square feet of industrial use; Parcel A-2 (see attached legal description) is restricted to 44,654 square feet of industrial use; and Parcel A-3 (see attached legal description is restricted to 4.62 acres of industrial use. Commercial/retail uses and freestanding office buildings are not permitted without the approval of the Board of County Commissioners who shall review and address these uses for increased impacts. Industrial buildings may have no more than 30% ancillary office space per bay or single tenant building. Free standing ancillary office uses are permitted within Parcel A- 3, defined as subordinate to the principal outdoor storage use. WHEREAS, the City Commission has heard testimony, reviewed the file and all exhibits and records which are pertinent to the plat note amendment for the LEDDS Enterprises II Plat; and WHEREAS, the City Commission has determined that the Applicant has demonstrated compliance with the requirements of the Deerfield Beach Land Development Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AS FOLLOWS: 1

3 Section 1. The above referenced Whereas clauses are true and correct and made a part hereof. Section 2. The City Commission of the City of Deerfield Beach does hereby approve amending the note on the LEDDS Enterprises II Plat to read as follows: Parcel A-1 (see attached legal description is restricted to 283,346 (227,506 existing and 55,840 square feet proposed) square feet of industrial use; Parcel A-2 (see attached legal description) is restricted to 44,654 square feet of industrial use; and Parcel A-3 (see attached legal description is restricted to 4.62 acres of industrial use. Commercial/retail uses and freestanding office buildings are not permitted without the approval of the Board of County Commissioners who shall review and address these uses for increased impacts. Industrial buildings may have no more than 30% ancillary office space per bay or single tenant building. Free standing ancillary office uses are permitted within Parcel A-3, defined as subordinate to the principal outdoor storage use. PASSED AND ADOPTED THIS DAY OF, ATTEST: PEGGY NOLAND, MAYOR ADA GRAHAM-JOHNSON, MMC, CITY CLERK Deerfield/Resolutions/Variance & Conditional Use/LEDDS Plat Note Amendment.Approval 2

4 RESOLUTION NO. 2011/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, DENYING A PLAT NOTE AMENDMENT FOR THE LEDDS ENTERPRISES II PLAT TO DECREASE THE OVERALL BUILDING SQUARE FOOTAGE BY 17,000 SQUARE FEET AND ALLOW A FREE STANDING ANCILLARY OFFICE USE ON PARCEL A-3. WHEREAS, Waste Services of Florida Inc. wishes to amend the note on the LEDDS Enterprises II Plat located at 1750 S.W. 43 rd Terrace, Deerfield Beach, Florida, as follows: FROM: Parcel A-1 (see attached legal description is restricted to 300,346 (244,506 existing and 55,840 square feet proposed) square feet of industrial use and Parcel A-2 (see attached legal description) is restricted to 44,654 square feet of industrial use. Commercial/retail uses and freestanding office buildings are not permitted without the approval of the Board of County Commissioners who shall review and address these uses for increased impacts. Industrial buildings may have no more than 30% ancillary office space per bay or single tenant building. TO: Parcel A-1 (see attached legal description is restricted to 283,346 (227,506 existing and 55,840 square feet proposed) square feet of industrial use; Parcel A-2 (see attached legal description) is restricted to 44,654 square feet of industrial use; and Parcel A-3 (see attached legal description is restricted to 4.62 acres of industrial use. Commercial/retail uses and freestanding office buildings are not permitted without the approval of the Board of County Commissioners who shall review and address these uses for increased impacts. Industrial buildings may have no more than 30% ancillary office space per bay or single tenant building. Free standing ancillary office uses are permitted within Parcel A- 3, defined as subordinate to the principal outdoor storage use. WHEREAS, the City Commission has heard testimony, reviewed the file and all exhibits and records which are pertinent to the plat note amendment for the LEDDS Enterprises II Plat; and WHEREAS, the City Commission hereby finds that the Applicant has not demonstrated compliance with the requirements of Section of the Land Development Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AS FOLLOWS:

5 Section 1. The above referenced Whereas clauses are true and correct and made a part hereof. Section 2. Based upon the findings as set forth above, the City Commission of the City of Deerfield Beach does hereby deny the plat application. PASSED AND ADOPTED THIS DAY OF, ATTEST: ADA GRAHAM-JOHNSON, MMC, CITY CLERK Deerfield/Resolutions/Variance & Conditional Use/LEDDS Plat Note Amendment.Denial PEGGY NOLAND, MAYOR

7 PLAT NOTE AMENDMENT REQUEST APPLICANT: WASTE SERVICES OF FLORIDA, INC. AGENT: GEORGE M. PETROCELLI, P.E., CRAIN ATLANTIS ENGINEERING, INC. PLAT: LEDDS ENTERPRISES II REQUESTED AMENDMENT: From: Parcel A-1 (see attached legal description) is restricted to 300,346 (244,506 existing and 55,840 square feet proposed) square feet of industrial use and Parcel A-2 (see attached legal description) is restricted to 44,654 square feet of industrial use. Commercial/retail uses and freestanding office buildings are not permitted without the approval of the Board of County Commissioners who shall review and address these uses for increased impacts. Industrial buildings may have no more than 30% ancillary office per bay or single tenant building. To: Parcel A-1B (see attached legal description) is restricted to 283,346 (227,506 existing and 55,840 proposed) square feet of industrial use; Parcel A-2 (see attached legal description) is restricted to 44,654 square feet of industrial use; and Parcel A-3 (see attached legal description) is restricted to 4.62 acres of industrial use. Commercial/retail uses and freestanding office buildings are not permitted without the approval of the Board of County Commissioners who shall review and address these uses for increased impacts. Industrial buildings may have no more than 30% ancillary office per bay or single tenant building. Free standing ancillary office uses are permitted within Parcel A-3, defined as subordinate to the principal outdoor storage use.

9 OLYMPIA AND YORK RESIDENTIAL PLAT LAKE Public Notification Boundary PARCEL A LAKE ISLAND INDUSTRIAL PARK PLAT PARCEL A Y 5 WA SW 4 LAKE LAKE LAKE YORK CHASE RONTO INDUSTRIAL PLAT SW 43 TER LEDDS ENTERPRISES II PARCEL B PARCEL B PARCEL A PARCEL A LEDDS ADDITION SW 42 WAY PARCEL A YORK CHASE RONTO INDUSTRIAL PLAT PARCEL A PARCEL G SW 43 TER SW 45 WAY NW 48 SW 42 WAY LEDDS ENTERPRISES II NW ST 48 ST NW 48 ST Subject Property. Public Hearing Notice Map Plat Note Amendment Application Ledds Enterprises II Plat 0 North side of NW 48 St at SW 43 Ter For additional information Call the Planning Department at Feet