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Ord 58-09ORDINANCE NO, 58-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONIING AND PLACING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCI~~I,) DISTRICT TO GC (GENERAL COMMERCLAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE WEST SIDE OF NORTH FEDERAL HIGHWAY, .APPROXIMATELY 150 FEET NORTH OF ALLEN AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, OCTOBER 2009"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE, WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated October 2009, as being zoned AC {Automotive Commercial) District; and WHEREAS, at its meeting of October 19, 2009, the Planning and Zoning Board far the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174{4){c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; 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 recitations set forth above are incorporated herein. Section 2. 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 GC {General Commercial) District for the fallowing described property: Begin at the intersection of the North line of Lot 3$ of Model Land Co, Subdivision of Section 9, Township 46 South, Range 43 East, and the East right-of--way line of Old Dixie Highway, said point of intersection being 34 feet Easterly, measured at right angles, from the East 54 foot right-af--way line of the Florida East Coast Railroad, being the paint of beginning; thence Southerly, along the East right-of--way line of Oid Dixie Highway, a distance of 326.61 feet; thence in an Easterly direction and parallel to the South line of Lot 38, a distance of 231.45 feet, more or less, to the West right-of--way line of U.S. Highway No.l {State Raad No. 5); thence in a Northerly direction, along said West right-of--way line, a distance of 327,16 feet, mare or less, to the said North line of Lat 38, thence in a Westerly direction along the North line of said Lot 38, a distance of 231.24 feet, mare or less, to the paint of beginning, said Tract being in Palm Beach County, Florida. Section 3. 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 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section ar provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whale or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon passage on second and final reading. P SSED AND A.DUPTED in regular session on sec n and final d~ n this the ~~~ day of ~.S`t,,3L , 24(x. TTEST~~--~~• ~~~'~.3ti~~A..w M City Clerk First Reading ~~ ~ ~t„1~~~ Second Reading ~~(} CJRD RFCJ. 5$-09 Page 1 of 1 ~EMORANDITM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: November 4, 2009 SUBJECT: AGENDA ITEM IO.A. -REGULAR COMMISSION MEETING OF NOVEMBER ] 7 2004 ORDINANCE NO, 58-04 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider aprivately-initiated rezoning from AC {Automotive Commercial} to GC {General Commercial) fora 1,'73 acre parcel of land located at 1900 North Federal Highway, formerly known as Motorsport of Delray. BACKGROUND At the first reading on November 3, 2009, the Commission passed Ordinance No. 58-09, RECOMMENDATION Recommend approval of Ordinance No. 58-09 on second and final reading, http:/lmiweb001fAgendaslBluesheet.aspx?ItemID=2785&MeetingID=225 11/19/2009 Page 1 of 2 ME~~IORANDU~~ TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: October 27, 2009 SUBJECT: AGENDA ITEM 12.A, -REGULAR COMMISSION MEETING OF NOVEMBER 3 2409 ORDINANCE NO.58-09 ITEM BEFORE COMMISSION Consideration of a privately initiated rezoning from AC (Automotive Commercial) to GC {General Commercial) fora 1.73 acre parcel located at 1900 North Federal Highway, on the west side of North Federal Highway, approximately 150 feet north of Allen Avenue. BACKGROUND The subject property consists of two unplatted parcels bordered an the west by Dixie Highway and an the east by Federal Highway. The property is developed and contains an existing commercial building with associated parking that was constructed in 1963. Prior to 1985, an automobile dealership (Miller Dodge) occupied the site. The property was rezoned from SC to AC {Automotive Commercial) with the Citywide rezoning of 1990. Subsequently on January 23, 1996, the property was rezoned from AC {Automotive Commercial) to SAD (Special Activities District). In October 1998, the parcel was rezoned from SAD to AC in order to accommodate the sale of motorcycles, a11-terrain vehicles and small boats with associated full service repair facility (formerly known as Matarsports of Delray}. The Motorsparts operation has vacated the site and the site and building is currently vacant. The owner now wishes to market the property far office/commercial uses. REVIEW BY OTHERS At its meeting of October 19, 2009, the Planning and Zoning Board held a public hearing in conjunction with the rezoning request. After reviewing the staff report and discussing the proposal, the Board voted 6-0 {Mr. Cary Glickstein absent), to recommend approval of the rezoning request to the City Commission, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, http://www.mydelraybeach.comlAgendas/B luesheet.aspx?ItemID=2762&MeetingID=223 111412009 Page 2 of 2 3.2.2, and 2.4.5{D){5) of the Land Development Regulations. Additional background inforrnation and full analysis of the proposal can be found in the Planning and Zoning Board staff report dated October 19, 2009. RECOMMENDATION Approve on first reading Ordinance 58-09 rezoning the 1,73 acre parcel located at 1900 North Federal Highway, from AC (Automotive Commercial) to GC {General Commercial), by adapting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5{D)(5) of the Land Development Regulations. Attachments: Proposed Ordinance 58-09 Planning and Zoning Board Staff Report of October 19, 2009 http:/1www.mydelraybeach,comlAgendaslBluesheet.aspx?ItemID=2762&MeetingID=223 1114/2009 ORDINANCE NO. 58-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT TO GC (GENERAL COMMERCIAL} DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE WEST SIDE OF NORTH FEDERAL HIGHWAY, APPROXIMATELY I50 FEET NORTH OF ALLEN AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, OCTOBER 2009"'; PROVIDING A GENERAL F;EPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated October 2009, as being zoned AC (Automotive Commercial} District; and WHEREAS, at its meeting of October ! 9, 2009, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted b to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163,3I74{4}(c}, the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan, and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report, and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; 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 DEL,RAY BEACH, FLORIDA, AS FOLLOWS. Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zaning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of GC (General Commercial) District for the following described property: Begin at the intersection of the North line of Lot 38 of Model Land Co. Subdivision of Section 9, Township 46 South, Range 43 East, and the East right-of--way line of Old Dixie Highway, said point of intersection being 30 feet Easterly, measured at right angles, from the East SO fact right-of--way line of the Florida East Coast Railroad, being the point of beginning; thence Southerly, along the East right-of--way line of Old Dixie Highway, a distance of 326.61 feet; thence in an Easterly direction and parallel to the South line of Lot 38, a distance of 231.OS feet, more or less, to the West right-of--way line of U.S. Highway No.l (State Road No. S), thence in a Northerly direction, along said West right-of--way line, a distance of 327.16 feet, more or less, to the said North line of Lot 38, thence in a Westerly direction along the North line of said Lot 38, a distance of 231.20 feet, more or less, to the point of beginning, said Tract being in Palm Beach County, Florida. Section 3. That the Planning and Zaning 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 2 hereof. Section 4. That all ordinances ar parts of ordinances in conflict herewith be, and the same are hereby repealed. Section S. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session an second and final reading on this the day of , 200_ ATTEST City Clerk First Reading MAYOR QRD N4. 58-49 Second Reading OR.D NU. 5~-09 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: October 19, 2009 AGENDA ITEM: vI.A ITEM: Privately initiated rezoning from AC (Automotive Commercial) to GC (General Commercial) fora 1.73 acre parcel of land located at 1900 North Federal Highway, formerly known as Motorsports of Delray. ((,Zuasi~Judicial Hearing) GENERAL DATA: Owner/Applicant ......................... Tazami, Inc. Applicant .................................... Hardial Sibia, VP of Tazami, Inc. Agent .......................................... Fred Gri~Ffin Location ...................................... Property Size .............................. Future Land Use Map ................ Current Zoning ............................ Adjacent Zoning ................North: East: South: West: Existing Land Use ...................... Proposed Land Use .................... Water Service ............................. Sewer Service ............................. West side of North Federal Highway, approximately 150 feet north of Allen Avenue. 1.73 Acres GC (General Commercial) AC (Automotive Commercial) GC (General Commercial) RM (Medium Density Residential) AC (Automotive Commercial) R-1-A (Single Family Residential) Vacant Building Proposed adaptive re-use of the building for commercial uses Existing on site. Existing on site. V I. A. The action before the Board is that of making a recommendation to the Gity Commission on a privately-initiated rezoning from AC {Automotive Commercial) to GG {General Commercial), for the property located at 1900 North Federal Highway, pursuant to I,DR Section 2,4.5(D}. The subject property is located an the west side of North Federal Highway, approximately 1 Sfl feet north of Allen Avenue. Pursuant to Section 2.2.2{E)(6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. wi~lAG ~C~FI..,~'~L~D ~ ~. ~_ The subject property consists of two unplatted parcels bordered on the west by Dixie Highway and on the east by Federal Highway. The 1.73 acre property contains an existing commercial building with associated parking that was constructed in 1963. Prior to 1985, an automobile dealership (Miller Dodge) occupied the site, which was located partially in the City and partially in unincorporated Palm Beach Gaunty. The use was nonconforming under the Gity's GG (General Commercial} zoning district. In early 1985, the unincorporated portion of the property was annexed into the Gity and the entire site was rezoned to SG (Specialized Gommercial). In 1988, Miller Dodge vacated the premises. With the Citywide rezoning of 199fl, the property was rezoned from SG to AG. At its meeting of January 23, 1998, the Gity Commission approved a rezoning from AC (Automotive Gommercial) to SAD (Special Activities District). The SAD designation was used as a temporary zoning with a maximum period of three {3} years as the property was under contract to the owners to the north who wanted to expand their patio furniture sales and refinishing business. Thus, the SAD zoning allowed bath GC and AG uses and restricted the sale of used cars. The property owners to the north occupied the building for a brief period and #hen vacated the site. The property was subsequently rezoned on C?ctaber 1998 from SAD to AC in order to accommodate the sale of motorcycles, all-terrain vehicles and small boats with associated full service repair facility {formerly known as Motorsports of Delray). The Motorsports operation has vacated the site and the site and building is currently vacant, On September 3, 2flfl9, an application was received to rezone the property. This rezoning request, is now before the Planning and Zoning Board for action. The proposal is to change the zoning designation of the property from AG (Automotive Gommercial} to GC (General Gommercial} in order to allow a wide variety of commercial and office uses rather than those limited to auto related uses. P & Z Staff Report -Meeting Date: 10119/09 1900 North Federal Highway Rezoning - AC to GC Page 2 _ -~ ,~ ~-- -- ,__ REQI.IIRED FINDINGS: {Chapter 3} Pursuant to Section 3.1.1 {Required Findings), prior to the approval of development applications, certain findings must be made in a farm which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Cancurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: The resulting use of land ar structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as spawn on the Future Land Use Map. The subject property is located within the North Federal Highway C}verlay District and has a Future Land Use Map {PLUM} designation of GC (General Commercial} and is currently zoned AC {Automotive Commercial). The proposed GC (General Commercial) zoning designation is consistent with the GC Future Land Use Map designation. Na specific use has been identified by the property owner, however the GC zoning district offers a wide range of commercial and office uses that could be accommodated an the property. Based upon the above, positive findings can be made with respect to Future Land Use Map Consistency. Concurrence: Concurreney as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs, including public schools, of the requested land use and/or development application will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision af, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adapted Comprehensive Plan of the City of Delray Beach. The development proposal is to allow the adaptive re-use of the building far general commercial uses. This conversion will not have a negative impact with respect to cancurrency as it relates to parks and recreation, drainage ar schools. Pertaining to other cancurrency items the fallowing is noted: ^ Water service is provided via a service lateral connection to the existing 8" main along the east side of Dixie Highway. ^ Sewer service is provided via a service lateral connection to the existing 8" main along Dixie Highway. ^ Adequate fire suppression is provided as a fire hydrant is located an-site Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Traffic: The proposed zoning is of similar intensity, therefore a potential increase in traffic is not anticipated from the rezoning action itself. As the intensity of uses within the AC and GC zoning P $~ Z Staff Report - Meefing date: 14119149 1900 North Federal Highway Rezoning - AC to GC Page 3 districts are similar, comparable traffic volumes would be generated. With the submittal of a site plan modification to establish a change of use, a traffic impact study will be required. The traffic study must comply with Palm Beach County Traffic Performance Standards ordinance. There are no problems anticipated meeting traffic concurreney and the associated levels of service. Solid Waste: With the exception of restaurants, the trash generated by uses within the proposed CC zone district is comparatively similar to those uses within the AG zone district. If the site was to be occupied by a restaurant, concurrency determination with respect to solid waste would be required. It is not anticipated that uses within the GG zone district would create an adverse impact on this level of service standard. Based upon the above, positive findings can be made with respect to concurrency findings. Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards} outweighs the negative impacts of identified points of conflict. Section 3.2.2 (Standards far Rezoning Actions}: Standards A, B, and E are not applicable. The applicable performance standards of Section 3.2.2 are as follows: (C} Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide far better project design. The North Federal Highway area is characteristic of a strip commercial area due to the constraints of the parcels being bounded by Federal Highway on the east and Dixie Highway on the west. The proposed zoning seeks to expand the uses to be allowed within an existing building and not the development of a new strip commercial center. Further, with any future re- development of the site, such development would be required to adhere to the North Federal Highway Overlay District regulations. (D} That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses border the property, Zonin Qesi nation: Use: Nt~rth; General Commercial GC RetaillOffice South: AG Automotive Commercial Autobahn Motors East: RM Medium Densit Residential Kokomo Key _ West: GF Community Facilities and R-1-A Sin le Farnil Residential Plumosa Elementary School and Single Famil Residences P & z Staff Report -Meeting Date: 1 f~/4 g109 190Q North Federal Highway Rezoning - AG to GD Page 4 The proposal will rezone 1.73 acres from AC to GC. The Old Dixie Highway and North Federal Highway corridor contains a mix of uses including retail, office, light industrial and residential. There are no compatibility concerns with the surrounding uses to the north or south of the subject parcel as the parcel to the earth is zoned GC and the AC zoning to the south is of similar intensity. It should be noted that the North Federal Highway Overlay District allows certain industrial uses including the fabrication andlor assembly of manufactured materials, wholesaling, storage and distribution of products as conditional uses. However, the LDRs require that such uses operate in conjunction with a permitted service or retail use, maintain a commercial facade along North Federal Highway, operate within an enclosed building with no outside storage and orient overhead doors away from rights-of--way. The residential uses to the east and west should not be negatively impacted as the proposed zoning will allow the re-utilization of the existing site for commercial uses {retailloffice}thot were envisioned for this corridor and do not have a greater impact than the former AC use. Further, these residential uses are separated from the subject property to the west by the FEC Railroad and Dixie Mighway and to the east by Federal Highway. Based upon the above, positive findings with regard to LDR Section 3.2.2{D} could be made. Section 2.4.5tD1 i'S} {Rezoning Findinasl: Pursuant to Section 2.A.5(D} (~~ (Findings}, in addition to provisions of Ghapter 3, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances par#icular to the site andlor neighborhood. The applicant has submitted a just cation statement, which states the following: °The reason jReason "B"~ for the rezoning is the aver abundance of auto dealership In the Gify and the lack of Interest in renting this building for an auto dealership. Addiflonally, the applicant also cites Reason "C" as the proposed zoning is comparable with the zoning district to the earth". This request is of similar intensity as allowed under the Future Land Use Map. The requested zoning would promote the adaptive re-use of the site, COMPREHENSIVE PLAN P©LiG1ES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Future Land Use Element ©biective A-1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage :y _., .~., .. ~..~ P & Z Staff Report -Meeting Date: 10119/09 1900 North Federal Highway Rezoning - AC to GC rage 5 affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. The proposed GC zoning will be complementary with the current uses surrounding the property which consist of commercial and primarily multiple family developments. 1tVith the proposed GC zoning, retail and offices uses would be introduced which would be more complimentary to the surrounding residential uses. Future Land Use Element Policy C-1.4 - din summary} ...the North Federal Highway Corridor is identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by the City Commission on March 16, 1999, The Plan identified the, need for limited rezonings and L[}R amendments, along with improvements necessary #a accomplish certain redevelopment goals. Future development in the area must be in 3 accordance with the provisions of the Redevelopment Pian. IMP- Since Motarsports of Delray vacated the site, the property has remained vacant. The AC zoning limits the leasing of the site to primarily auto related uses. The rezoning to GC will allow the utilization of the buildings far other commercial uses similar to the commercial uses within the surrounding area and prevent further deterioration of the site. The proposal will provide economic activitylstirnulation and re-investment in the area and provide an inducement to further redevelopment of the Federal Highway corridor. Thus, the proposal is consistent with the objectives of the North Federal Highway Redevelopment Plan. ... - - w ~ _ ,. -~-~ ~- R B1`i!'l ~{ilf-~B-Y; Q~TF~I~~$ Community Redevelopment Agency (CRA): At its meeting of October 8, 20Q9, the Community Redevelopment Agency {CRA} recommended approval of the rezoning request. Courtesy Notices: Courtesy natives have been sent to the following homeowner's and/or civic associations: • Neighborhood Advisory Council • Gerry Franciosa, Progressive Residents of Delray {P.R.O.©.) • Scott Christensen, Seacrest HC7A • Todd Harvey, Kakoma Key • McCall Credle's Rosenthal, La Hacienda Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support ar abjection, if any, will be presented at the Planning and Zoning Board meeting. -~~;~ ~ :ate - ~ -~ ~r~~u~`~Q~~Lu~ct~~T` ~ ,~..~- ~ ._.~ The proposed rezoning from AC to GC is consistent with the goals, objectives and/or policies of the City's Comprehensive Plan, and LDR Sections 2.4.5{Q), 3.1.1 {Required Findings), and P & Z Staff Report -Meeting Date; 1Q/19l09 19U0 North Federar Highway Rezoning - AC to GC Page 6 3.2.2 {Standards far Rezoning}, Positive findings can be made with respect to Concurrency and Compatibility with the surrounding land uses. With regard to LDR Sections 2.4.5{D}{5) and 3.2.2 (C) and (D), the proposed rezoning of the subject property to GC is appropriate, "t"he subject property is located within an area, containing a mix of commercial, residential, and automotive uses, Both the current zoning of AC and the proposed rezoning of GG are appropriate zoning designations for the property, based an the FLUM designation of GC. Based upon the above, a recommendation of approval can be made to the City Commission. A. Continue with direction. B. Move a recommendation of approval to the City Commission for the privately initiated rezoning from AC to GG for 1900 North Federal Highway, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2,4.5(D}(5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the privately initiated rezoning from AC to GC for 1900 North Federal Highway, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(D}{5), 3.1.1 and 3.2,2 of the Land Development Regulations. D, board's Discretion. ;. ~Ff ~_t~M~Np~1QN Move a recommendation of approval to the City Commission for the privately initiated rezoning from AC to GG for 190{1 North Federal Highway, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5{D)(5), 3.1.1 and 3.2,2 of the Land Development Regulations. Attachments: Survey Location Map Showing Surrounding Zoning Districts Location map Showing Surrounding Future Land Use Map Designations Report prepared by: Jasmin Allen, Planner I ~$~ ~~~ ' ~ :, ~~~~~I, k r i i E __---.-- ~~ ~ ~ ~ ~~ ~~ ~h~Q~a~ e~~~' afiey~ ~+,s~ag b ~h ~~ ~ ~ 4~b a~~ ~e~ ~ ~~~~ ~~, ~~~ `g~ .. ~~g ~~~ t ~ ~ ~~ ~~t ~ ~ p6 1. 3tl i ~ ~~~~ d ~ m 0 ~ ~~ ~ ~ ~~;~ ~ a ~. ~~ ~~~~~ ~~~ CA :, o~~` ~~ aw~ kvq `~ti,~4 r-+ it -~-~ ~~ ~: ~~ ~. ~~ Cs'~ ^~~ 2~N~ ~' LgNf o ~ ~ a ~ ~ t- x 6 U ~ U 4 Q N, ~ 22N0 W STft. ~~ o ~ ~ N.E. 21ST ST. ,,J ~'.' ~~ _. _ W ~~-~---~ KTfTTTTfffl't AC '.a ``w~ F~LaNNiN~ G eF~Aa -- D(C7)i4i. bWSE A6AP 5Y5TEM -- ~ LOC/~7.~ON P~1AP f MAP REF: S:~Plonning do 2oninglp8M5\File-Cob\Z-tbi IODi-15pp~L611/l0_i904 N. Federal Hwy ~~. C.9 N.~ `'2Nd tAN£ o ~ a F- ~ ~- 2 ~ Z ~ .`+ a o. `~ d N.E. ~ 27ND `~ STR. b Q; r? d E ~ N.E. 2157 ST. „~ 4i Q' ~ z ~ o ~ ~ ~ N.E. 20TH ST. SiR£E7 4P~~ KOKOMO KEY ~~ A N r(`t N. £. 17TH '~ a u . r.' ~ WAY N. E. 16TH ST. a a M EAST EW AVE. c~ z . E. 15TT-! s . ~ LAKE AVENUE N. isi to ~ ~ ST, (SAKE AVE,) . E. 14TH 5T, CAKE AVENUE S -:r ~t 1y00 NORTH FEQERA~ f~1~~1NAY ': ~' ~ - = I ' -~-- ~?_a~=as-a9--~~-o3a-c~zo FUTURE LAND U5C ~ ~~~ ~ Pi_ANNING AND ZONIPJG ~"~ ,. _.. - ~_ - b~PAR741ENT LOOATIQN ti~!('~lJp 9 ° `.-.yr :.:.~ r ~... ..... -- i~'G;.,aL Q4S£ A/AP SYStE:lf -- - _ -_ -- MAP R=~: 5:\Ptnnntng & Zoning\pBpS\i ~'^-Cab\Z-lM Split-' ~~\U,ti iap_19pp N. FtdcraF Nwy