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Ord 07-13 (DENIED)ORDINANCE NO. 07--13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT TO PC (PI_,A -NNED COMMERCIAL) DISTRICT; SAID LAND A PARCEL LOCATED AT THE NORTHEAST CORNS FEDERAL HIGHWAY (U.S. HIGHWAY NO. 1) A FLADEL WAY (AVENUE "F "), AS MORE PARTICULA.,.. Y DESCRIBED HEREIN; AMENDING "ZONING MAP OF ELY BEACH, FLORIDA, JANUARY, 2012 "; PROVIDING A ERA11 �EALER CLAUSE, A SAVING CLAUSE, AND AN EF ' CTI DAT WHEREAS, the property hereinafter described 'shosxzn o a the ning Dis of the City of Delray Beach, Florida, dated January 2012 0 being zoned for tive mimercial) District; and WHEREAS, at its meeting of Februa 5, 2013; the..Plam g and Zoning Board for the City of Delray Beach, as Local Planning Agency" coils this iteii�. at a public hcaring and voted 5 to 1 to recommend tliat the property hereinafter desctibcde rezoned, based upon ,positive findings; and WHEREAS, pursuant to Morida -. Statutes 1631.131174(4)(c), the, Plannuag and Zoning Board, sitting as the Local Planning A Cricy, lias deter ,teed tlfat =tht chan*es are consistent with and further the objectives and policies of_ omptehvnsive Plan; and WHEREAS, ity Co ssion o City of Delray Beach adopts the findings in the Planning and Zonis eport; a `` -yam WHEREAS the Ci ssion of Cr of Delray Beach finds the ordinance is consistent with the Colt lan; a it is's - opriatN. dor the Zoning District Map of the City of Delray Beach, to tefle`ae rev* zoning classification. NO , Vtect`�a E IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY B A, AS FOLLOWS: Section 1. ng District Map of the City of Delray Beach, Florida, be, and the sarne is hereby amendezoning classification of PC (Planned Commercial) District for the following described property: Lots 12 through 22, inclusive, less the west 38 feet thereof, Block 22; Lots 23 through 33, inclusive, Block 22; all of Block 23, less the west 38 feet thereof; Lots 1 through 10, inclusive, and Lots 57 through 66, inclusive, Block 35; and Lots 12 through 33, inclusive, Block 36, all lying in "Del -Raton Park", according to the Plat thereof as recorded in Plat Book 14, Page 9, Public Records of Palm Beach County, Florida. Together With That portion of Frederick Boulevard lying adjacent to and east of Lots 11 through 20, Block 23, and Lots 23 through 33, Block 22, and adjae "'fit to and wes e west line of Lots 1 through 10, Block 35, and Lots 12 through 22, Block 36, of "Del -Rat ark ", according to the Plat thereof as recorded in Plat Book 14, Page J, Public Records ahn Beach County, Florida. Together With That part of the right -of -way of avenue "L ", according to the Pl-rt of "Del- 1katon Palk ', recorded in Plat Book 14, Page 9, Public Records of Pahl]. Beach County; Florida, said part being bounded as follows: On the west y the present easterly right -of -war of U.S. Highway 1 (S.R.5); on the east by the westerly r' t -of -way liner ,of Florida Bouleva 'd, as shown on said Plat; on the north by Blocks 22 and 6 aid Plat by a laortion of the abandoned right -of -way of Frederick boulevard; on the south by B s 23 and .3.5 Qf said and by a portion of the abandoned tight-of-way of Frederick Boulev Section 2. That the Pla gar e. sai City shall, upon the effective date of this ordinance, amend th g Ma f the City o `y Beach, Florida, to conform with the provisions of Section 1 h £. Section 3. hereby repealed. of'KbjjWnces in conflict herewith be, and the same ate Sec ' 4:_ vs4oul d ection o �-ovision of this ordinance or any portion thereof, any paragta sentence, or 66 d be e a court of competent jurisdiction to be invalid, such decis' all not affect tht validity o remainder hereof as a whole or part thereof other than the partdec to be invalid.' 4 3 Sec. '0 hat this o nance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 2nd day of April, 2013.! ORD NO. 07 -13 ATTEST City Clerk First Reading n oL� h , D-y 0 Second Reading 3 MAYOR ORD NO. 07 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: March 26, 2013 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF APRIL 2, 2013 ORDINANCE NO. 07-13 ITEM BEFORE COMMISSION Page 1 of 1 This ordinance is before Commission for second reading and quasi-judicial hearing to consider a privately- initiated rezoning from AC (Automotive Commercial) to PC (Planned Commercial) for Delray Marketplace (former Ralph Buick Dealership property), located at 2501 South Federal Highway. (Quasi- Judicial Hearing) BACKGROUND At the first reading on March 19, 2013, the Commission passed Ordinance No. 07 -13. RECOMMENDATION Recommend approval of Ordinance No. 07 -13 on second and final reading. http:// itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 6638 &MeetingID =444 4/22/2013 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, FCP, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 13, 2013 SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF MARCH 19, 2013 ORDINANCE NO. 07-13 ITEM BEFORE COMMISSION Page 1 of 2 The action request of the City Commission is consideration of a privately a privately- initiated rezoning from AC (Automotive Commercial) to PC (Planned Commercial) for Delray Market Place (formerly Ralph Buick) located on the east side of Federal Highway and west of Florida Boulevard at 2501 South Federal Highway. BACKGROUND The subject property is located on the east side of Federal Highway and the west side of Florida Boulevard west of the intersection of Florida Boulevard and Dogwood Drive. The property is the former location of Ralph Buick, and measures 6.18 acres which contains 3 existing unoccupied buildings. In October 2005 a rezoning request was submitted by New Century Development Group. At its meeting of January 2, 2006, the City Commission approved the rezoning of the Ralph Buick property from AC (Automotive Commercial) to GC (General Commercial). The approval of the rezoning was associated with a development proposal for a mixed -use development, which was to be known as Royal Palm Club that consisted of 13,781 square feet of retail floor area, 13,900 square feet of office floor area, 16 condominium dwelling units, and 59 townhouse dwelling units. The stand -alone townhome component of that project was a conditional use within the GC district, and was approved by the City Commission at its April 4, 2006 meeting. At its May 24, 2006 meeting, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan to establish the Royal Palm Club project. The construction of this project never commenced and the site plan and Conditional Use approvals expired. At its meeting of April 15, 2008, the City Commission approved the rezoning of the Ralph Buick property from GC back to AC. This rezoning was sought to remarket the site for automotive use. At its meeting of September 7, 2010, the City Commission considered and approved on first reading an ordinance to rezone the property from AC back to GC. This privately initiated rezoning was associated http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 6590 &MeetingID =405 3/26/2013 Coversheet Page 2 of 2 with a proposed Wal -Mart on the subject property. The applicant withdrew the application prior to second reading of the ordinance and the property retains the AC zoning designation. At its meeting of September 20, 2012, the City Commission adopted the South Federal Highway Redevelopment Plan. The plan indicates that a commercial shopping center or a mixed -use development and a zoning designation of PC is appropriate for this property. REVIEW BY OTHERS At its meeting of February 25, 2013, the Planning and Zoning Board considered the application to rezone the property from AC to PC and recommended approval by a 5 — 1 vote (Franciosa dissenting, Pierre -Louis absent). There were several people that expressed concern with respect to the proposed rezoning indicating opposition to a potential flea market. A specific development plan is not part of this request and a PC versus AC zoning is more appropriate for this parcel. Further, if a specific use follows, required findings would have to be made at that time. Further, in the case of a flea market a Conditional Use Approval in addition to a site development approval is required. RECOMMENDATION Move approval of the privately initiated rezoning from AC to PC for the subject property, 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 South Federal Highway Redevelopment 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. http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 6590 &MeetingID =405 3/26/2013 x C7 x — ALLAMANDA DRIVE J 7 Q ltl J X m I- � Q BANYAN DRIVE AVE, C CYPRESS DRIVE P. " DOGWOOD DRIVE ,n w N DE 's Q WAYw,w EVERGREEN .1 TRANSPORTATIO N a= LN. AVENUE G > Ld J Q FERN DRIVE LA _MAT AVENUE z LA -MAT AVENUE °o m ARDENIA DRIVE Y U bi w AVENUE H ° x ° U_ J m HYACINTH DRIVE Q cr O J_ Q F -- DIG17AL BASE MAP SY57EM -- MAP REF: S: \Planning & Zoning \DBMS \File — Cab \Z —LM 1001- 1500 \LM13B2 —Ralph Buick — Delray Marketplace N RALPH BUICK- DELRAY MARKETPLACE PROPERTY PLANNING AND ZONING DEPARTMENT LOCATION MAP .... liril�i��ii ■I eflum \_■ y. - SUBJECT ��•;"''. RALPH l MARKETPLACE PROPERTY 17 Y.0 J 1" e t DEPARTMENT MAP .: .. 0. Eiulck—Delroy Marketplace PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE AGENDA ITEM: February 25, 2013 IV.A. -- -STAFF REPORT - -- ITEM: Rezoning from AC (Automotive Commercial) to PC (Planned Commercial) for a 6.18 acre Parcel of Land Located on the northeast corner of South Federal Highway and Fladell's Way, formerly Ralph Buick Dealership. GENERAL DATA: Owner ...... ............................... Delray Auto Investors 1, Inc. Agent/ Applicant ...................... Bonnie Miskel, Esq. Location ... ............................... Northeast corner of South Federal Highway and Fladell's Way Property Size .......................... 6.18 Acres Land Use Map Designation.... General Commercial Existing City Zoning ................ AC (Automotive Commercial) Proposed City Zoning ............. PC (Planned Commercial) Adjacent Zoning ............ North: PC (Planned Commercial) and RM (Medium Density Residential) East: RM South: SAD (Special Activities District) and RM West: AC Existing Land Use .................. Vacant buildings (prior auto dealership) Proposed Land Use ................ Rezoning of the parcel from AC to PC Water Service,.... .................... Available via connection to an existing 16" along Federal Highway and 10" water main within Florida Boulevard. Sewer Service ........................ Available via connection to an existing 8" sewer main within Florida Boulevard. IV.A. The action before the Board is making a recommendation to the City Commission on a privately- initiated rezoning from AC (Automotive Commercial) to PC (Planned Commercial), pursuant to LDR Section 2.4.5(D). The subject property is located on the east side of Federal Highway and west of Florida Boulevard at 2501 South Federal Highway and measures 6.18 acres. 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. The subject property is located on the east side of Federal Highway and the west side of Florida Boulevard west of the intersection of Florida Boulevard and Dogwood Drive. The property is the former location of Ralph Buick, and measures 6.18 acres with 3 existing buildings. The buildings are not occupied. In October 2005 a rezoning request was submitted by New Century Development Group. At its meeting of January 2, 2006, the City Commission approved the rezoning of the Ralph Buick property from AC (Automotive Commercial) to GC (General Commercial). The approval of the rezoning was associated with a development proposal for a mixed -use development, which was to be known as Royal Palm Club that consisted of 13,781 square feet of retail floor area, 13,900 square feet of office floor area, 16 condominium dwelling units, and 59 townhouse dwelling units. The stand -alone townhome component of that project was a conditional use within the GC district, and was approved by the City Commission at its April 4, 2006 meeting. At its May 24, 2006 meeting, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan to establish the Royal Palm Club project. The construction of this project never commenced and the site plan and Conditional Use approvals expired. At its meeting of April 15, 2008, the City Commission approved the rezoning of the Ralph Buick property from GC back to AC. This rezoning was sought to remarket the site for automotive use. At its meeting of September 7, 2010, the City Commission considered and approved on first reading an ordinance to rezone the property from AC back to GC. This privately initiated rezoning was associated with a proposed Wal -Mart on the subject property. The applicant withdrew the application prior to second reading of the ordinance and the property retains the AC zoning designation. An application has been submitted to rezone the property from AC to PC, in association with a proposal to establish a flea market/merchandise mart type of retail use. This use will require an additional approval of a conditional use and is not part of this rezoning request. The proposal is to change the zoning designation of the property from AC (Automotive Commercial) to PC (Planned Commercial). The proposed rezoning would allow for the redevelopment of the property to numerous uses such as commercial plazas, retail, restaurant, IV.A. P & Z Staff Report — February 25, 2013 Ralph Buick (Delray Market Place) — Rezoning from AC to PC Page 2 and office uses. Several types of Conditional Uses are also allowed, however, these will require additional approval processing. IN REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: The resulting use of land or 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 shown on the Future Land Use Map. The subject property has a Future Land Use Map (FLUM) designation of GC (General Commercial and is currently zoned AC (Automotive Commercial). The proposed PC (Planned Commercial) zoning designation is consistent with the GC Future Land Use Map designation and would allow for numerous commercial uses. Based upon the above, positive findings can be made with respect to Future Land Use Map Consistency. Concurrency: Concurrency 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 of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI -GOP -1 of the adopted Comprehensive Plan of the City of Delray Beach. The proposal involves amending the zoning designation from AC to PC. The property is approximately 6.18 acres. The proposed rezoning will have impacts on adopted concurrency standards. Concurrency findings with respect to Water and Sewer, Drainage, Parks and Recreation, Solid Waste, Schools, and Traffic are discussed below; Water & Sewer: Water and sewer service is currently available to the subject property. The Delray Beach Water Treatment Plant and the South Central County Waste Water Treatment Plant both have adequate capacity to serve the City at build out. An existing 16" main along Federal Highway and a 10" water main along Florida Boulevard, and an 8" sewer main are available along Florida Boulevard. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: With a rezoning request drainage plans are not required. The storm water retention will be reviewed during the site plan application process. There are no problems anticipated with retaining drainage on site and obtaining a South Florida Water Management District permit. Parks and Recreation: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build -out IV.A. P & Z Staff Report — February 25, 2013 Ralph Buick (Delray Market Place) — Rezoning from AC to PC Page 3 to meet the adopted standards." A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each dwelling unit for parks and recreation purposes. A development proposal has not been submitted concurrent with the rezoning. Thus, if future redevelopment of the property would include a residential component this fee would apply. The applicant has indicated that a "retail center" is proposed, but no details on this development have been submitted. Solid Waste: The former use as an automotive dealership produced 440.40 tons of solid waste. As noted above, a development proposal has not been submitted concurrent with the rezoning application. Therefore, a comparative analysis cannot be conducted at this time and will need to be conducted at the time a development proposal is submitted. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021, thus a positive finding with respect to this level of service standard can be made. Schools: The Palm Beach County School District must approve the concurrency of a development that contains a residential component with the adopted Level of Service for School Concurrency. This development proposal has not yet been submitted and a finding of concurrency will need to be made at the time a development proposal is received if a residential component is proposed. Traffic: The applicant needs to provide a site specific traffic study when a development proposal is submitted. Based on the average daily trip volume, verification needs to be submitted at the time of site plan approval that the specific development does not exceed a Level of Service "D" for Federal Highway. The applicant needs to also provide a traffic impact analysis for Linton Boulevard and S.E. 10th Street intersections. 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 for Rezoning Actions) : Standards A and B 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 zoning 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 for better project design. (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. N.A. P & Z Staff Report — February 25, 2013 Ralph Buick (Delray Market Place) — Rezoning from AC to PC Page 4 The following table identifies the zoning designations and uses that are adjacent to the subject property: Zoning Designation North: Planned Commercial (PC) and Medium Density Residential (RM) South: Special Activities District (SAD) and Medium Density Residential (RM) East: Medium Density Residential (RM) West: Automotive Commercial (AC) Use: Dumar Shopping Plaza and Residential Commercial and Residential Multi - Family Developments Automobile Dealerships The proposal will rezone 6.18 acres from AC to PC. Since the FLUM designation for the subject property and the surrounding areas to the west, north, and south is GC, there are no compatibility issues. The PC zoning district allows for a variety of uses such as retail, office, residential, and restaurants. As noted previously, the applicant has not submitted a development proposal for the property. Since the City has included residential as an allowed use in the PC district, it is recognized that residential uses are not inherently incompatible with this zoning district. It is intended that compatibility can be achieved through compliance with the City's buffering requirements within the Land Development Regulations. Further, given the size and depth of the property, it is unlikely that strip commercial development will result from the rezoning of the property. Based upon the above, positive findings with regard to LDR Section 3.2.2(C) and (D) can be made. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter 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 particular to the site and/or neighborhood. The applicant has submitted a justification statement, which states the following: `Delray US1 Marketplace, LLC ( "Petitioner) proposes to develop a retail center to house individual commercial tenants ( "Project") on the +A 6.18 acre former Ralph Buick site at 2501 S. Federal Highway, located generally on Federal Highway south of Linton Boulevard ( "Property') within the City of Delray Beach ( "City'). The Property is currently zoned AC (Automotive Commercial) and.the Future Land Use Designation is GC (General Commercial). In order to develop the Property with the Project, Petitioner proposes a zoning change to PC (Planned Commercial). On September 20, 2012, the City Commission adopted the South Federal Highway Redevelopment Plan ( "Plan'), which specifically targets the Property as one that is ripe for redevelopment through a zoning W.A. P & Z Staff Report -- February 25, 2013 Ralph Buick (Delray Market Place) — Rezoning from AC to PC Page 5 change to PC (Planned Commercial). The Plan states, "Staff still feels that the best zoning for this parcel is PC (Planned Commercial) and that recommendation has been included as a component of this Plan," (Plan Implementation, p. 17). The purpose of the Plan is to guide future development in order to meet the intent of the Future Land Use Element Policy C -1,12, while also providing for the type and intensity of uses that are appropriate based upon the location of the property and the nature of surrounding uses. This Rezoning request complies with the intent and purpose of the Plan, and provides for the redevelopment of a vacant car dealership with a retail center that will enhance the South Federal Highway corridor while also increasing the City's tax base with the addition of an exciting, new commercial development. In accordance with Land Development Regulations Sec. 2.4.5(D)(2), Petitioner will demonstrate (1) that there has been a change in circumstances which makes the current zoning inappropriate and (2) the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the Property based upon circumstances particular to the site and /or neighborhood. (1) There has been a change in circumstances which makes the current zoning inappropriate. There has been a change in circumstances which makes the current zoning inappropriate. In response to the downturn in the economy, several car dealerships within the City have struggled and even closed their doors. These vacant parcels become dumping grounds for debris, as well as the source of code violations. Prior to the Petitioner taking control of the site, the Property was overgrown, subjected to graffiti with vagrants occupying the Property. The adoption of the Plan envisioned the vacant properties within the City, most of which are part of automotive dealerships which have either closed or no longer need portions of their property (Existing Conditions, p. 9), to become more vibrant retail areas serving residents along the South Federal Highway Corridor. The former Ralph Buick is one of these blighted parcels. In order to respond to changing circumstances and the adoption of the Plan, Petitioner requests this Rezoning to allow redevelop of the Property with a use that is more appropriate to the current economic climate. The Project will serve the residents of the City, as well as attract visitors to the City because of the prime location near the Interstate 95 and Linton Boulevard Interchange. (2) The requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the Property based upon circumstances particular to the site and /or neighborhood. The requested zoning is of similar intensity as allowed under the Future Land Use Map. As noted above, the Property has a Future Land Use Designation of GC (General Commercial). According to the City's Comprehensive Plan, property with a GC designation should be developed for general commercial purposes, e.g_ retail, office, services. Petitioner's Project is a retail use and thus the type of development encouraged within the GC district. Further, the PC zoning designation is more appropriate for the Property based upon circumstances particular to the site and neighborhood. As previously noted, the AC zoning designation is no longer appropriate for the Property. The Property has been vacant for over five (5) years as a result of the limitations of the current AC zoning designation. As such, Petitioner requests the PC designation in order to have increased flexibility in redeveloping the Property, more specifically, the ability to develop the Property with the proposed retail center. Residents in the surrounding neighborhood will be able to utilize the proposed retail development, while a vacant and blighted parcel will be redeveloped into an attractive commercial center" As the applicant states, there does appear to be at feast a short -term deficiency in demand for automotive sales facilities by evidence that the dealership has remained vacant for an extensive period of time. The City Commission recently adopted the South Federal Highway Redevelopment Plan. The plan indicates that a commercial shopping center or a mixed -use development and a zoning designation of PC is appropriate for this property. Thus, the proposed rezoning complies with reasons "b" and "c" given market trends, implementation of the redevelopment plan, and consistency with the Future Land Use Map designation. N.A. P & Z Staff Report — February 25, 2013 Ralph Buick (Delray Market Place) -- Rezoning from AC to PC Page 6 COMPREHENSIVE PLAN POLICIES: 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 Objective A -1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. The proposed rezoning of the property to PC will allow many uses which can be developed with intensities that are appropriate with respect to the soil, topography, or other applicable physical considerations. As noted previously, there are no compatibility concerns relating to permitted uses under this zoning district with respect to the surrounding commercial properties along Federal Highway. Future uses as currently suggested by this applicant and allowed only as Conditional Uses will be assessed on a case -by -case basis during the Conditional Use approval process. The City's Land Development Regulations do contain buffer requirements that help address potential nuisances that the commercial property may generate to adjacent residential neighborhoods. It is noted that these development regulations are better addressed as part of the site plan process. Required Findings concerning compatibility for the rezoning can be made at this time with findings relating to specific uses deferred to site specific proposals as part of the conditional use or site plan processes. Policy A -2.4: Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, the following apply: 4) Automobile dealerships shall be directed in the following areas: • North of George Bush Boulevard, between Federal and Dixie Highway; • East side of Federal Highway north of the north property line of the Delray Swap Shop /Flea Market; • South of Linton Boulevard, between Federal and Dixie Highway; • Between the one -way pairs (Federal Highway), from S.E. 4th Street to S.E. 10th Street; and from N.E. 5th Street to George Bush Boulevard; • On the north side of Linton Boulevard; between 1 -95 and S.W. 10th Avenue, and Wallace Drive. The proposed rezoning of the property to PC would support this policy since it would remove the AC zoning designation from the east side of Federal Highway. While the above policy does not prohibit auto uses in this area, it does not identify this area as a preferred location for this type of use. This rezoning is also consistent with the stated direction of the South Federal Highway Redevelopment Plan. Based on the above, a finding of consistency can be made with respect to the Delray Beach Comprehensive Objectives, Policies, and Goals. As stated previously, the proposed rezoning is consistent with the South Federal Highway Redevelopment Plan goal of transitioning away from auto related uses to more sustainable commercial and mixed uses. IV.A. P & Z Staff Report — February 25, 2013 Ralph Buick (Delray Market Place) — Rezoning from AC to PC Paae 7 ➢ Neighborhood Advisory Council ➢ Progressive Residents of Delray (PROD) ➢ Presidents Council ➢ Captain's Walk ➢ Eastview Village ➢ Tropic Bay ➢ Tropic Harbor ➢ Tropic Isle Civic Association ➢ Tropic Palms ➢ Pelican Harbor ➢ Pelican Pointe Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Any correspondence regarding the proposed rezoning, will be presented to the Planning and Zoning Board. _S SMIT �6 The proposed rezoning from AC to PC is consistent with the goals, objectives and /or policies of the City's Comprehensive Plan, LDR Sections 2.4.5(D)(5), 3.1.1 and 3.2.2(D). The rezoning is also consistent with the recommendations of the South Federal Highway Redevelopment Plan adopted by the City Commission on September 20, 2012. Positive findings can be made with respect to Concurrency and Compatibility with the surrounding land uses. As discussed previously 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 PC is appropriate. The subject property is located within an area containing a mix of uses including commercial, automotive related, and residential. The proposed rezoning would coincide with the current development area and it will also be consistent with the Comprehensive Plan and FLUM designation of GC. Based upon the above, a recommendation of approval should be made to the City Commission for the proposed rezoning. N- A. Continue with direction. B. Move a recommendation of approval to the City Commission for the privately initiated rezoning from AC to PC for the subject property, 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 South Federal Highway Redevelopment Plan and meets the IV.A. P & Z Staff Report — February 25, 2013 Ralph Buick (Delray Market Place) — Rezoning from AC to PC Page 8 criteria set forth in Sections 2.4.5(D)(5), 3.11 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 PC for the subject property, 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. a Move a recommendation of approval to the City Commission for the privately initiated rezoning from AC to PC for the subject property, 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 South Federal Highway Redevelopment 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: Location /Zoning Map Report prepared by: Scott Pape, Senior Planner IV.A. PALMBEACHOST.COIUI [ REAL NEWS %AR'rsHERE THE PALM BEACH PAST (561) 820 -343 I FRIDAY, MARCH 22,2013 CITY of NOT a PUBLIC P. #alfo+i;+in at. a ny. cc which7k. the. Conii 1st'Aven, which tir - consider ORDINANCE NO.07�1 AN ORDINANCE DF, TF COMMISSION -OFTHE CITY.OI BEACH, - FLQRIOA,:- :REZW4 PRESENTLYZONED AC 4AUT( COMMERCIAL) DISTRtCT. (PLANNED::'COM MERCIAL).=.I SAID LAND BEING PARCEL AT THE NORTHEA57 CDF SOUTH FEDERAL H:IGHW, HIGHWAY: -NO. 1) AND, F1 WAY .,(AVENUE `F:?); :.A! PARTICULARLY-DESCRIBED AM ENDIN G:''ZO.N I NG MAP.0 B.EACH.'FLORIDA 7ANUAR' PROVIDING A GENEERAL:.R d neeting ion),. in 30 N'wV rid a, at ioh will oposed at: the ELRAY LAND OTIVE O:;PC TRICT; ; ATE D R :.OF (U.S. ]ELL'S MORE ire'. ux -.