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18-97 ORDINANCE NO. 18-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CEANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FROM TRANSITIONAL TO GENERAL COMMERCIAL, FOR A PARCEL OF LAND KNOWN AS THE PATON/LEVY PROPERTY LOCATED AT THE NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY AND AVENUE G, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is designated on the Future Land Use Map (FLUM) in the Comprehensive Plan for the City of Delray Beach, Florida, as Transitional; and WHEREAS, at its meeting of March 17, 1997, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed this item at a public hearing and voted 5 to 0 to recommend approval of the small scale FLUM amendment, based upon positive findings; and WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan be amended to reflect the revised land use designation of General Commercial. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the legal description of the subject property is as follows: Lots 6, 7, 8, 9 and 10, inclusive, less the west 38 feet of said lots conveyed to the State of Florida in Deed Book 1103, Page 297, and Lots 11 and 12, all in Block 24, Del Raton Park and together with the abandoned 10 foot alley bounded on the east by the west line of Lot 11 of Block 24; on the west by the east line of Lots 6-10; on the north by the easterly extension of the north line of Lot 6; on the south by the easterly extension of the south line of Lot 10, Block 24 (abandoned by resolution in O.R. Book 4053, Page 744) and together with abandoned 10 foot alley bounded on the west by Lot 12; on the east by Lots 16 and 17; on the north by the easterly extension of the north line of Lot 12; on the south by the westerly extension line of the south line of Lot 16 (abandoned by resolution in O.R. Book 4053, Page 744), all in Block 24, Del Raton Park, according to the Plat thereof as recorded in Plat Book 14, Page 9 of the Public Records of Palm Beach County, Florida. The subject property is located at the northeast corner of South Federal Highway and Avenue "G"; containing 0.50 acre, more or less. Section 2. That the Future Land Use Map designation for the subject property in the Comprehensive Plan is hereby changed from Transitional to General Commercial. Section 3. 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)4. 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 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 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 Department 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 Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the 15th day of April/ F / , 1997. ATTEST: ~ City-Cl~rk ! First Reading April 1~ 1997 Second Reading April 15, 1997 - 2 - Ord. No. 18-97 DAN BURNS ALLAMANDA DRIVE MILLER OLDSMOBILE PARK ED MORSE CADILLAC BANYAN DRIVE SHERWOOD PON TIA C DELRA Y OS PALZA CYPRESS DRIVE: BUCKY DEN T'S BA$£BALL SHERWOOD OS'R OMC TRUCKS TROPIC C DELRA Y TO YO TA AVENU[ BAY MORSE SA TURN HYACINTH DRIVE DUMAR MOBILE PLAZA EASTVlEW HOMES VILLAGE SHERWOOD HONDA DELRA Y SHOPPING TROPIC VIEW MOBILE C '---C N TiER DR~'~. HOMES N ~ -FUTURE LAND USE MAP AMENDMENT- PLANNING DEPARTMEN? FROM: TRN (TRANSITIONAL) TO: GC (GENERAL COMMERCIAL) CITY 0~' D£LRAY BEACH. FL --- ~,~ITAI. glASE ,MAP S)'~jTEM -- MAP RI.F: L~"~55 '] 'CITY OF DELRAY-BEACH FLORIDA NOTICE OF LAND USE CHANGE The City Commission of the City of Delray Beach, Florida, will Published Daily consider a proposed change to the Future Land Use Map for a -. Monday through Sunday 0.50 acre parcel of land known as the Paton/Levy property Icc. at- Boca l:taton, Palm Beach County, Florida ed at the northeast corner of South Federal Highway and Delray Beach, Palm Beach County, Florida Avenue "G". The proposal involves a Small Scale Future Land use Map amendment FROM Transitional TO General Commercial. STATE OF FLORIDA COUNTY OF PALM BEACH The City Commission will cOnduct a Public Hearing on TUESDAY1 APR!.L 15. 1997, AT 7.'00 P.M. (or at any continuation of such Before the undersigned authority persona] meeting which is set by the Commission), in the Commission appeared Nancy Smith, Inside Sales SupE Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, visor of The News, daily newspapers pu Florida. At this meeting the City Commission intends to adopt this lished in Boca Raton in Palm Beach Count Florida; that the attached copy of advertis small scale amendment to the Future Land Use Map. Yhe title of the enacting ordinance is as follows: ment was published in said newspapers the issues of: ORDINANCE NO. 18-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTUBE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FROM TRANSITIONAL TO GENERAL COMMERCIAL, FOR A PARCEL OF LAND KNOWN AS THE PATON/LEVY Affiant further says that '['he News is PROPERTY LOCATED ATTHE NORTHEAST CORNEROF newspaper published in Boca Raton, in sa: SOUTH FEDERAL HIGHWAY AND AVENUE G, AS THE SAME Palm Beach County, Florida, Monde IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION through Sunday, and has been entered ~ second class matter at the post office : PROCESS FOR SMALL SCALE LANO USE PLAN AMEND- Boca Raton, Palm Beach County, Florid MENTS; PROVIOING A GENERAL REPEALER CLAUSE, A for a period of one year next preceding tl SAVING CLAUSE, ANO AN EFFECTIVE CATE. first publication of the attached copy advertisement; and affiant further says th All interested citizens are invited to attend the public headng and comment upon the proposed Land Use Map Amendment or sub- he has neither paid nor promised ar person, firm or corporation any discoun mit their comments in writing on or before the date of this hear- rebate, commission or refund for the pu ing to the Planning and Zoning Department. For further informa- pose of securing this advertisement for pu' tion or to obtain copies of the I:;roposed amendment, please con- tact Jeff Costello at'the Planning and ZOning Department City lication in said newspapers. Hall, 100 N.W, 1st Avenue, Delray Beach, Florida 33444 (Phone i ~~..,~._~~~ 407/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION Sworn to and subscribed before me this WITH RESPECT TO ANY MA'FI'ER CONSIDERED AT THIS day of A.D., 19 THESE PROCEEDINGS AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT A VERBATII~I RECORD INCLUDES 1 THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. (Seal, Notary Public_State of Florida at large) 286.0105. ~m~e~r-~.LP-N~ O'N~TLL / PUBLISH: The News CITY OF DELRAY BEACH My Commission . ~ ~ .... ~ ^l,~ ur ~,,,..,D^J April 7,1997 Alison MacGregor Harty i No. / city AD//743543 Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # /0~- REGULAR MEETING OF APRIL 15, 1997 SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 18-97 (SMALL SCALE FUTURE LAND USE MAP AMENDMENT FOR PATON/LEVY PROPERTY) DATE: APRIL 11, 1997 This is before the Commission to consider adoption of an ordinance to change the Future Land Use Map (FLUM) designation from Transitional to General Commercial for a 0.50 acre parcel of land known as the Paton/Levy property. It is located at the northeast corner of South Federal Highway and Avenue "G" Item 10.D. on the agenda is related in that it proposes to rezone the subject property to SAD (Special Activities District). In October, 1996, the Commission approved similar land use actions for the Levy property which abuts this site to the north and east. The purpose of the subject FLUM amendment and rezoning is to combine the subject property with the Levl; property as one facility for Fronrath vehicle sales, rental and leasing, with no service component. The Planning and Zoning Board considered these items at a public hearing on March 17, 1997, and voted 5 to 0 (Schwartz and McCarthy absent) to recommend that the Small Scale Future Land Use Map amendment from Transitional to General Commercial be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, with a finding that the potential benefits of the development proposal outweigh the conflicts with Future Land Use Element Policy A-2.4 of the Comprehensive Plan. At first reading on April 1, 1997, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 18-97 on second and final reading as recommended by the Planning and Zoning Board. ref: agmemol4 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mk_IxlAGER~ SUBJECT: AGENDA ITEM # I~- REGULAR MEETING OF APRIL 1, 1997 FIRST READING FOR ORDINANCE NO. 18-97 (SMALL SCALE FUTURE LAND USE MAP AMENDMENT FOR PATON/LEVY PROPERTY (FRONRATH VEHICLE SALES, RENTAL AND LEASING FACILITY) DATE: MARCH 27, 1997 This is before the Commission to consider on first reading an ordinance to change the Future Land Use Map (FLUM) designation from Transitional to General Commercial for a 0.50 acre parcel of land known as the Paton/Levy property. It is located at the northeast corner of South Federal Highway and Avenue "G". Item 12.C. on the agenda is related in that it proposes to rezone the subject property to SAD (Special Activities District). In October, 1996, the Commission approved similar land use actions for the Levy property which abuts this site to the north and east. The purpose of the subject FLUM amendment and rezoning is to combine the subject property with the Levy property as one facility for Fronrath vehicle sales, rental and leasing, with no service component. The Planning and Zoning Board considered these items at a public hearing on March 17, 1997, and voted 5 to 0 (Schwartz and McCarthy absent) to recommend that the Small Scale Future Land Use Map amendment from Transitional to General Commercial be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of .the Comprehensive Plan, with a finding that the potential benefits of the development proposal outweigh the conflicts with Future Land Use Element Policy A-2.4 of the Comprehensive Plan. Recommend approval of Ordinance No. 18-97 on first reading as recommended by the Planning and Zoning Board. If passed, a quasi-judicial public hearing will be scheduled for April 15, 1997. ref: agmemol4 TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOR DEPARTMENT QF PLANNING AND ZONING ^. cos. ..o SUBJECT: MEETING OF APRIL 1, 1997 SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM TRANSITIONAL TO GENERAL COMMERCIAL. AND REZONING FROM POD (PROFESSIONAL AND OFFICE DISTRICT) AND RM (MEDIUM DENSITY RESIDENTIAL) TO SAD {.SPECIAL ACTIVITIES DISTRICT) FOR FRONRATH VEHICLE SALES, RENTAL AND LEASING FACILITY (PATON PROPERTY). The action requested of the City Commission is that of approval on first reading of an ordinance changing the Future Land Use Map designation from Transitional to General Commercial, and rezoning from POD (Professional and Office District) and RM (Medium Density Residential) to SAD (Special Activities District) for Fronrath vehicle sales, rental and leasing facility (Paton Property). The subject property is located at the northeast corner of South Federal Highway and Avenue G, immediately adjacent to the Levy Property. Prior to July, 1989, the subject property (Lots 6-10, Lots 11-12, Block 24, Del- Raton Park) was in unincorporated Palm Beach County. The west portion of the property contains an asphalt area previously occupied by the Auto Ranch used car dealership, which vacated the site prior to 1989. The east portion of the site contains a vacant single family residence. City Commission Documentation Meeting of April 1, 1997 Small-Scale FLUM Amendment to General Commercial and Rezoning to SAD for Fronrath Vehicle Sales, Rental and Leasing (Paton Property) Page 2 At its meeting of October 1, 1996, the City Commission approved a Future Land Use Map Amendment, Rezoning to SAD (Special Activities District) and an attendant site plan for the abutting property to the north and east (Levy Property) establishing vehicle sales, rental and leasing, with no service component. The purpose of the FLUM amendment and rezoning is to combine the subject property with the abutting Levy property as one facility, for Fronrath Vehicle Sales. The SAD will limit the property to the following uses: I. Vehicle sales, rental and leasing, with no service component. The associated site development plan includes the following components: · Demolition of the existing vacant 1,146 sq.ft, single family residence and removal of an existing chain link fence; · Construction of a 53-space parking lot consisting of 30 display, 20 bullpen, and 3 customer parking spaces, including one handicapped accessible parking space; · Installation of associated site lighting and landscaping; and · Reconfiguration of a retaining wall and installation of a 6' high wall along the east portion of the south property line. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. On March 17, 1997, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. One member of the public spoke in support of the requests, and another spoke in opposition to the requests. After reviewing the staff report and discussing the proposal, the Board voted 5-0 (Schwartz and McCarthy absent) to recommend that the requests be approved with conditions, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and the Comprehensive Plan, upon a finding that the potential benefits of the development proposal outweigh the conflicts with Future Land Use Element Policy A-2.4 of the Comprehensive Plan. City Commission Documentation Meeting of April 1, 1997 Small-Scale FLUM Amendment to General Commercial and Rezoning to SAD for Fronrath Vehicle Sales, Rental and Leasing (Paton Property) Page 3 By Separate Motions: A. Approve the request for a Small-Scale Future Land Use Map Amendment from Transitional to General Commercial for Fronrath Vehicle Sales, Rental and Leasing Facility based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, and policies of the Comprehensive Plan, that the potential benefits of the development proposal outweigh the conflicts with Future Land Use Element Policy A-2.4 of the Comprehensive Plan. B. Approve the rezoning request from POD and RM to SAD and attendant site plan for Fronrath Vehicle Sales, Rental and Leasing Facility based upon positive findings with respect to Chapter 3 (Performance Standards), Sections 2.4.5(D)(5)(b) and (c) (Rezoning Findings), and Section 2.4.5(F)(5) (Site Plan Findings) of the Land Development Regulations, and policies of the Comprehensive Plan, subject to the following conditions: 1. That the permitted use on the subject property is limited to the following: · Vehicle parking (employee, customer, display and bullpen/inventory) to be used in conjunction with the abutting vehicle sales, rental and leasing facility, with no service component. 2. That the site lighting be reduced to comply with LDR Section 4.4.10(G)(6) (Lighting Restrictions) and a revised photometrics plan submitted; 3. That a non-impacting site plan modification be processed modifying the approved site plan for the Levy Property to reflect the proposed changes at the southwest portion of the site; 4. That cross-access, parking and drainage agreements be executed between Paton/Fronrath and Levy, or a Declaration of Unity of Title combining the Paton/Fronrath and Levy properties recorded; and, 5. That the south portion of the 10' wide north/south alley along the east side of Lot 12 be abandoned and incorporated into the overall development, or the site plan be revised to exclude the alley. Attachments: · P & Z Staff Report and Documentation of March 17, 1997 · Ordinance by Others CONDOMINIUM APARTMENT ASSOCIATION 2801 florida Blvd. · Delray Beach · Florida 33483 Phone: ?_72-1094 March 10, 1997 Mr. Jeff Costello Planning Board, .. 100 N.W. 1st Avenue Delray Beach, Fl. 33444 Dear Mr. Costello: Please be advised that the Board of Directors of the Tropic Bay Condominium Association, 2801 Florida Blvd. Delray Beach, Fla. 33483, have no objections to the use of the Paton property by the Gary Fronrath organ~zation. We understand that this property is to be used by the Fronrath company for vehicle parking in conneCtion with their 'display, Teasing and sales of vehicles,as well as customer parking. We further understand that there will be a "bull pen" area, as well as space for their employees' parking; and no service facilities will be placed on this site. At this time please note that we have requested and expect a sign to be posted 'at the south exit Df the Levy property, the egress from/Levy property onto Avenue G, to read "RIGHT TURN ONLY". We hope this'information will°help to expedite this application. Sincerely. yours, Geraldine T. Wilcox President, TROPIC' BAY CONDOMINIUM APARTMENT ASSOCIATION cc - Roger G. Saberson, P.A. ·. MAR 13 1997 PLANNING & ZONING PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: March 17, 1997 AGENDA ITEM: V.D. ITEM: Future Land Use Map Amendment from Transitional to General Commercial, and Rezoning from POD (Professional and Office District) and RM (Medium Density Residential) to SAD (Special Activities District) with an Attendant Site Plan for a Parcel of Land Located at the Northeast Comer of S. Federal Highway and Avenue G. GENERAL DATA: Owner ......................................... George R. Paton (Residuary Trust under will dated January 8, 1986) Applicant ..................................... Gary Fmnrath, Trustee Agents ........................................ Roger Saberson & James Johnson Location ...................................... Northeast comer of S. Federal Highway and Avenue "G". Property Size .............................. 0.50 Acre Existing Future Land Use Map Designation ................................. Transitional Proposed Future Land Use Map Designation ................................. General Commercial Current Zoning ............................ POD (Professional and Office District) and RM (Medium Density Residential) Proposed Zoning ........................ SAD (Special Activities District) Adjacent Zoning ................ North: SAD East: SAD South: POD and RM West: AC (Automotive Commercial) Existing Land Use ....................... Asphalt parking area (formerly Auto Ranch used car sales) and vacant single family residence. Proposed Land Use .................... Demolition of the existing residential structure and construction of a 52-space parking lot with associated site lighting and landscaping which will be used in conjunction with the Fronrath Vehicle Sales, Rental, and Leasing Facility to be established on the abutting property (Levy Property). Water Service ............................. Water service is available via a service lateral connection to an 12" water main within Federal Highway or the 8" main at the east end of Avenue G. Sewer Service ............................. Sewer service is available via a service lateral connection to the 8" main at the east end of Avenue G. D~L RA Y ~OPPINC, C~N ~R M.D. The action before the Board is that of making a recommendation on a Small-Scale Future Land Use Map Amendment from Transitional to General Commercial and rezoning from POD (Professional and Office District) and RM (Medium Density Residential) to SAD (Special Activities District) with an attendant site plan for Fronrath Sales, Rental and Leasing Facility, pursuant to Section 2.4.§(D). The subject property is located at the northeast corner of South Federal Highway and Avenue G. - Pursuant to Section 4.4.2§(C)(1), all SADs are established via an ordinance processed as a rezoning. Further, pursuant to Section 2.2.2(E), the Local Planning Agency (P & Z Board) shall review and make recommendations to the City Commission with respect to the rezoning of any property within the City. Prior to July, 1989, the subject property (Lots 6-10, Lots 11-12, Block 24, Del- Raton Park) was in unincorporated Palm Beach County. The west portion of the property was occupied by the Auto Ranch used car dealership, which vacated the site prior to 1989, and the east portion of the site contains a vacant single family residence. During the Enclave annexations, the Planning and Zoning Board recommended approval of the annexation and initial zoning for the property as part of Enclave 50 on June 19, 1989. At that time an alternative zoning for Lots 6-10 of either GC (General Commercial) or SC (Specialized Commercial) was presented. The SC alternative was advertised in anticipation of the property owner requesting to retain the potential for auto related uses. At the time the property was unoccupied and a staff recommendation for GC was put forth, which was consistent with the then Commercial land use designation. Subsequently, on July 25, 1989, the subject property was annexed into the City with the GC zoning designation, in part (Lots 6-10), and RM (Medium to Medium High Density Dwelling) zoning designation, in part (Lots 11- 12, and abandoned alley), as part of the annexations conducted via the Enclave Act (via Ordinance No. 38-89). VVith the adoption of a new Citywide Future Land Use Map on November 28, 1989, the Transitional land use designation was affixed to the subject property (Lots 6-10, Lots 11-12, and abandoned alleys). Thus, the GC zoning on Lots 6- 10 then became inconsistent with the underlying Transitional Future Land Use Map designation. In October 1990, Citywide rezonings were implemented to obtain consistency between the Zoning and Future Land Use Maps. At that time, Lots 6-10 were rezoned from GC to PC (Planned Commercial) along with Planning and Zoning Board Staff Report Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan Page 2 other commercial properties abutting Federal Highway, directly to the south and north, while the balance of the property remained zoned RM. However, the PC zoning designation was inconsistent with the Transitional land use designation. In February 1991, as part of the City's annual Comprehensive Plan Amendment 91-1, the owner of the adjacent property to the north (Mr. Levy, Lot 1-5) sought a land use change from Transitional to General Commercial. On April 22, 1991, the Planning and Zoning Board recommended approval of the Future Land Use Map amendment from Transitional to General Commercial. However, on April 30, 1991, the City Commission denied the request. On July 9, 1991, the City Commission initiated a zoning change for Lots 1-5 from PC to POD - (Professional and Office District) or another zoning designation consistent with the Transitional land use designation. The rezoning also included Lots 6-10, Block 24 (Paton .property), which were previously utilized by the Auto Ranch dealership, and Lots 1-12 and Lots 26 and 27, Block 25 (Colombi property), which contained commercial uses (i.e. insurance office, limousine service, pool/spa/diving supply retail use). At its meeting of August 19, 1991, the Planning and Zoning Board recommended denial of the rezoning from PC to POD, as the Board felt it was more appropriate to amend the Future Land Use Map to General Commercial and increase the depth of the commercial properties to allow for a well-planned commercial development. On September 10, 1991, the City Commission approved the rezoning from PC to POD. On October 5, 1992, Barbara and Stanley Levy, owners of the property to the north (Lots 1-5) filed suit in the Circuit Court of Palm Beach .County against the City of Delray Beach to have the property rezoned for an auto related use. In order to avoid a trial, the two parties entered into an agreement. On May 14, 1996, a Settlement Agreement between Barbara and Stanley Levy and the City of Delray Beach was executed which stated that the applicant will seek approval to establish either (i) vehicle sales, rental and leasing, with no service component; or (11) a vehicle wash establishment and detailing, with no two uses being conducted at any one time. The City agreed to process a Future Land Use Map Amendment and Rezoning to SAD (Special Activities District) with an attendant site plan. At its meeting of October 1, 1996, the City Commission approved the associated requests. On February 7, 1997, a request for a Future Land Use Map amendment from Transitional to General Commercial, and rezoning from POD and RM to SAD (Special Activities District) with an attendant site plan were submitted to establish a motor vehicle sales, rental and leasing facility on the subject property and are now before the Board for action. Planning and Zoning Board Staff Report Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan Page 3 .:.~.~:~.:~:.~:~:~...~;`....`.:.:~i~...~..:....~:~i~:~.:~.~:.`..~.~`~.~::~¥:~:~:~`.~::..~:~?.~..`...~.~?~i~.::~' :~''~'~''''''''~:'''!.~i''''~ii~'''';:¥1~?:~'¥..~''':''''~?~.:ii~i~!~i[i~ii=~t~[l:~:~i~=~i~[i''..;i~ii~[~iii~i~=~[i The proposal is to change the Future Land Use Map designation from Transitional to General Commercial and rezone the property from POD (Professional and Office District) and RM (Medium Density Residential) to SAD (Special Activities District). The proposed permitted use to be conducted on the subject property, and the associated restrictions is as follows: I. Vehicle sales, rental and leasing, with no service component. This development proposal consists of the following: Q Demolition of the existing vacant 1,146 sq.ft, single family residence and removal of an existing chain link fence; El Construction of a 52-space parking lot consisting of 29 display, 20 bullpen, and 3 customer parking spaces, including one handicapped accessible parking space; El Installation of associated site lighting and landscaping; and El Reconfiguration of the retaining wall and installation of a 6' high wall along the east portion of the south property line. The proposal involves a waiver request regarding the right-of-way dedication [LDR Section 5.1.3(D)(2)]. This Future Land Use Map Amendment is being processed as a Small Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use plan amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendment (twice a year), subject to the following conditions: El The amendment does not exceed 10 acres of land; El The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; and, Planning and Zoning Board Staff Report Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan Page 4 The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months. The land use map amendment involves 0.5 acres, thus the total area is less than the 10 acre maximum. The property is not located within a designated redevelopment or traffic concurrency exception area. This amendment along with other small-scale amendments processed this year, outside the designated areas, will not exceed 60 acres. This property has not previously been considered for a land use amendment nor has the same property owner's properties been granted a land use change within 200 feet or within the last year. 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. Land Use Element 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 suits the community's future development, the following shall be adhered to: rq Auto related uses shall not be permitted in the CBD Zone District or within the geographic area along Federal Highway which extends four blocks north and three blocks south of Atlantic Avenue. Automobile dealerships may locate and/or expand west of Federal Highway, or between the one-way pair system (except as restricted above). Automobile dealerships may locate and/or expand east of Federal Highway, only north of N.E. 6th Street, except within the area lying east of Federal Highway north of N.E. 8th Street, or parcels fronting on N.E. 8th Street (George Bush Boulevard), and south of the north border of the Flea Market property. Within such excluded area, automobile dealerships may not locate or expand. New dealerships shall not locate nor shall existing dealerships expand south of N.E. 6th Street provided however, that automobile dealerships south of N.E. 6th Street may expand onto adjacent property which is currently in an auto related use and which is zoned to allow such use. Auto related uses which involve the servicing and repair of vehicles, other than as a part of a full service dealership, shall be directed to industrial/commerce areas. Planning and Zoning Board Staff Report Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan Page 5 The development proposal is inconsistent with this policy, as the subject property is located east of Federal Highway, south of N.E. 6th Street, and is the establishment of a vehicle sales, rentals and leasing, on property which is not currently zoned for auto use. However, LDR Section 3.1.1(C)(Consistency), states that a finding of overall consistency can be made even though the action will be in conflict with some performance standards within Article 3.3 of the Land Development Regulations, provided the approving body specifically finds that the beneficial aspects of the proposed project outweighs the negative impacts of the identified points of conflict. Rezoning of the property to accommodate an auto related use', which was the previous use of the property, will provide for the re- occupation of and significant upgrades to a blighted property which has been in _ disrepair for many years. The use is limited to sale, rental and leasing only, therefore, the impacts will be less than that of a full service dealership. As with the abutting property to the north and east, it is appropriate for the Board to make a determination that the positive aspects of the proposal outweigh the negative impacts, and that the overall development proposal is consistent with the Comprehensive Plan. Future Land Use Element Objective A-I - Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical conditions, is complementary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed use. The property has been disturbed and is developed with an asphalt parking area on the west side of the site and a vacant 1,146 sq.ff, single family residence on the east side of the site. The proposed zoning of SAD is very specific with regard to the use that may be conducted on the property. The proposed SAD zoning and its potential use of vehicle sales, rental and leasing, with no service component will be complementary with the surrounding commercial properties, and can be developed in a manner that should not adversely impact the residential properties to the southeast. The entire site is to be upgraded to meet current development standards, thus the proposal will fulfill the City's need to eliminate blight on properties. FutUre Land Use Element Policy A-I.6 - To encourage redevelopment of the City's Central Business District, Future Land Use Map amendments to Commercial designations in outlying areas of the City's Planning Area, shall not be considered. This Policy was intended to prevent large-scale planned commercial developments such as shopping centers, which could house major retail tenants that would compete with the downtown. The FLUM amendment is for a parcel of Planning and Zoning Board Staff Report Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan Page 6 land which is a half an acre in size and cannot support a large retail development. The amendment is to accommodate an auto related use which is not permitted within nor will it compete with the redevelopment efforts in the City's Central Business District. Based upon the above, the proposal is consistent with this Policy. Traffic Element Policy C-1.1 - Through and nonresidential traffic travel shall be limited and/or restricted in stable residential areas. Based upon the proposed parking layout, access to the site will be taken from the driveway located on Federal Highway and secondary access to this parcel _ has not been provided. The property is to be incorporated into the abutting vehicle sales, rental and leasing facility to the north and east. The overall facility has a secondary access point on Avenue G which provides access to the stable residential area east of the subject property and intersects with Federal Highway, a commercial corridor to the west. This access point was previously discussed with the rezoning to SAD for the Levy Property, at which time a positive finding was made with respect to this Policy that as .the majority of the traffic associated with the commercial use, will enter and exit the site from Federal Highway, there should be minimal traffic impacts on the stable residential area to the east. LAND USE ANALYSIS: - Pursuant to Land Development Regulations Section 3.1.'1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The proposed General Commercial land use designation will allow the following zoning classifications: GC (General Commercial), PC (Planned Commercial), AC (Automotive Commercial), NC (Neighborhood Commercial), POC (Planned Office Center), POD (Professional and Office District), RT (Resort Tourism), CF (Community Facilities), OS (Open Space), OSR (Open Space and Recreation), and SAD (Special Activities District). In conjunction with the Future Land Use Map amendment to General Commercial, a rezoning to SAD (Special Activities District) is being sought. The FLUM amendment to General Commercial and rezoning to SAD are being processed concurrently to facilitate the establishment of a vehicle sales, rental and leasing facility, with no service component, on the subject property. Pursuant to LDR Section 4.4.25(A), the SAD zoning is deemed consistent with any land use designation on the Future Land Use Map, including the proposed General Commercial designation. Further, the uses allowed within a specific SAD shall be consistent with the land use category shown on the Future Land Planning and Zoning Board Staff Report Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan Page 7 Use Map. The proposed use: vehicle sales, rental and leasing, with no service component is consistent with the proposed General Commercial land use designation. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. Adjacent Land Use Map Designations. Zoning Designations & Land Uses; North and East: North of the property has a Future Land Use Map designation of General Commercial and is zoned SAD (Special Activities District). The property is being developed to accommodate a vehicle sales, rental and leasing facility with no service component, which is currently under construction. S_outh: South of the property has a Transitional Land Use Map designation and is zoned POD (Professional and Office District) and RM (Medium Density Residential). The existing use of the commercial property (POD) is Florida No- Fault Insurance and Art of Africa. The residentially zoned property (RM) is vacant. West: West of the property, across Federal Highway, has a Future Land Use Map designation of General Commercial and is .zoned AC (Automotive Commercial). The existing uses are J.D. Byrider used car sales, and a commercial building containing an auto security business and two vacant bays; Allowable Land Uses: Under the current Transitional FLUM designation, office and neighborhood commercial developments (POC, POD, RO, and NC) are allowed as well as residential zoning districts which accommodate single family and multiple family units (R-1-A thru R-l-AAA, RL, PRD, and RM). A portion of the property is currently zoned POD which allows business and professional office uses, and a portion is zoned RM which accommodates residential uses. Under the proposed General Commercial FLUM designation, commercial developments are allowed in the following zoning districts: GC, PC, NC, AC, RT, POC and POD. The applicant has requested a zoning designation of SAD (Special Activities District), which is to accommodate vehicle sales, rental and leasing, with no service component. This use is not considered a high intensity commercial use such as gasoline stations, convenience stores, and fast food restaurants. Any requests to provide additional uses, must be processed as a modification to the SAD ordinance or rezoning to a conventional zoning designation, thus, requiring a public hearing with final action by the City Commission. Planning and Zoning Board Staff Report Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan Page 8 Land Use Compatibility: As described in the Future Land Use Element of the Comprehensive Plan, the Transitional Land Use Map designation is applied to land which is developed, or is to be developed, for either residential or nonresidential uses. In some instances, this designation provides for a transition between less intensive residential use and commercial uses. In other instances, this designation allows the establishment of uses which are compatible with adjacent residential uses. The proposed General Commercial Future Land Use Map designation is to be applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. The Federal Highway corridor is developed with primarily auto related and retail uses. The adjacent properties to the south have a Transitional Future Land Use Map designation, are zoned RM (Medium Density Residential) and POD (Professional and Office District), and contain a commercial building and a duplex. Compatibility with the adjacent residential property has been addressed through the proposed site improvements. There is a 6' high wall proposed along the east end of the south property line to separate the subject property from the residentially zoned property. Further, where the subject property abuts the residential properties trees are to be provided every 25' to form a solid tree line. However, there are concerns with regard to the intensity of lighting adjacent-to the residential properties. It appears that the lighting within the display and bullpen parking areas, will exceed the maximum 100 foot-candles which is not permitted. VVhile the display spaces may have a maximum 100 foot-candles, they cannot exceed 50 foot-candles after 11:00 p.m. Further, the bullpen spaces, which abut the residential property, cannot exceed 40 foot-candles at any time. Thus, the site lighting must be reduced accordingly. A revised photometrics plan must be submitted which indicates foot-candle points, including the maximum and minimum foot-candle point, average foot-candle per minute as well as the maximum foot-candle per minute. 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. The development proposal is to install a 52-space parking lot with associated landscaping and lighting. As no floor area is proposed, the proposal will have an impact on Concurrency as it relates to drainage only, with no impact on level of service standards as they relate to water and sewer, streets and traffic, parks and recreation facilities, and solid waste. However, Concurrency as it relates to the Future Land Use Map amendment and Rezoning is discussed below. Planning and Zoning Board Staff Report Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan Page 9 Water & Sewer: Water service currently exists via a service lateral connection to an 12" water main within Federal Highway or the 8" main at the east end of Avenue G. Adequate fire suppression is provided via an existing fire hydrant at the southwest corner of the site, adjacent to Federal Highway. Sewer service is available via a service lateral connection to an 8" main at the east end of Avenue G. The maximum development under 'the Transitional Future Land Use Map designation would be 5,445 sq.fto of retail generating water and sewer flows of 500 gallons per day [NC (Neighborhood Commercial) zoning]. However, with development under the current POD office designation a maximum of 6,534 sq.ft, of office would generate flows of 1,300 gallons per day. Under the General Commercial zoning designation the potential water and sewer flows would be similar to those that could be generated under the existing Transitional land use designation. Pursuant to the 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. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: A drainage plan with drainage calculations has been submitted. The proposal calls for the construction of a 52-space parking lot with associated landscaping. Drainage will be retained on site via an exfiltration system as well as a swale/retention area on the east side of the proposed parking lot. The FLUM amendment and rezoning will not negatively impact this existing situation. There are no problems anticipated complying with Lake Worth Drainage District and South Florida Water Management District requirements, and obtaining a permit. Traffic: Under the current Transitional FLUM designation, the maximum development potential would be 5,445 sq.ft, of retail generating 635 average daily trips [NC (Neighborhood Commercial) zoning]. However, with development under the current POD office designation a maximum of 6,534 sq.ft, of office generating 178 average daily trips is possible. Under the proposed General Commercial land use and zoning designations, the maximum development potential would be a 3,000 sq.ft, fast food restaurant generating 1,327 trips. Thus, the FLUM amendment and rezoning have the potential to create a traffic increase. However, the current development proposal is to establish a parking area Planning and Zoning Board Staff Report Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan Page 10 associated with the abutting auto sales, rental and leasing facility, which will generate a total of 39 trips. The proposed parking lot will not generate any additional trips. Parks and Recreation: Park and dedication requirements do not apply to nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: - Trash generated each year under the proposed General Commercial land use designation will be equal to or slightly greater than trash generated from the uses allowed by the applicable zoning districts of the Transitional land use designation (POC, POD, NC). The development of these properties under the General Commercial land use designation will not create an adverse impact on this level of service standard. Under the current proposal to install a parking lot, no trash will be generated. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.J.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, Concurrency and Comprehensive Plan Consistency were previously discussed under the Future Land Use Map Analysis section of this report. Compliance with respect to Compliance with the Land Development Regulations (Standards for Rezoning Actions, Rezoning Findings) are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Planning and Zoning Board Staff Report Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan Page 11 Section 3.3.2 (Standards for Rezoning Actions): Standards A and B are not applicable. The applicable performance standards of Section 3,3.2 are as follows: (C) Additional strip commercial zoning on vacant properties shall be avoided. This policy shall not preclude rezonings on land that at the time of rezoning has improvements on it. Where existing strip commercial areas or zoning 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. _ The property currently contains a parking lot on the west side with a vacant single family residence on the east side. The proposal aggregates additional land to increase the property's depth and provide for a well- planned development. While the underlying General Commercial designation allows for strip commercial zoning, the proposed SAD zoning is to accommodate an auto related use. .. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses 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 surrounding properties are commercial in character, with the exception of a duplex to the southeast of the property. North and east of the property is zoned SAD (Special Activities District) to accommodate a vehicle sales leasing and rental facility. To the west is zoned AC (Automotive Commemial). To the south is zoned RM (Medium Density Residential) and POD (Professional and Office District). Compatibility with the adjacent residential property has been addressed through the site development plans. As previously stated under the Future Land Use Map Analysis of this report, there are regulations in place for nonresidential uses and vehicle sales adjacent to residentially zoned properties which require trees every 25 feet along with a wall between the display parking area and the residential property to mitigate impacts. However, there are concerns with regard to the intensity of lighting adjacent to the residential properties. It appears that the lighting within the display and bullpen parking areas, will exceed the maximum permitted 100 foot-candles. While the display spaces may have a maximum 100 foot-candles, they cannot exceed 50 foot-candles after 11:00 p.m. Further, the bullpen spaces, which abut the residential property, cannot exceed 40 foot-candles at any time. Thus, the Planning and Zoning Board Staff Report Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan Page 12 site lighting must be reduced accordingly. A revised photometrics plan must be submitted which indicates foot-candle points, including the maximum and minimum foot-candle point, average foot-candle per minute as well as the maximum foot-candle per minute. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2:4.5(D)(5) (Findings), in addition to provisions of Section 3.1.t, 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: "All three reasons have applicability to this application and the subject property. First, the front portion of the property has a prior history of being used for vehicle sales, rental and leasing and the change of zoning of this front portion to a category that does not permit this use was in error. Second, there have been a change in circumstances which make the requested zoning inappropriate and they include but are not limited to the following: (I) the zoning of the adjacent Levy property to SAD to the allow and restore its vehicle sales, rental and leasing use, and (ii) the increase in automotive and motor vehicle related uses across Federal Highway from the subject property. Third, the use of the subject property in accordance with the site plan to be processed in connection with this application shows a level of use of the property that is similar in intensity and is more appropriate for the property based upon the circumstances particular to the site and neighborhood." Comment; Items "b" and "c .... are the bases for which the rezoning should be granted. With regard to Item "a', at the time the City Commission rezoned the property to POD, the previous auto related use was abandoned for a few years and the POD was consistent with the underlying Transitional Future Land Use Map designation. The fact that there are auto related uses to the north, east and west side of the property has no bearing on the rezoning request. However, as Planning and Zoning Board Staff Report Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan Page 13 outlined in LDR Section 3.3.2(C), where existing strip commercial areas or zoning occurs along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The rezoning will allow the 0.5 acre property to be incorporated into the design of the abutting property which is being developed as a vehicle sales, rental and leasing facility, with no service component. The applicant has proposed the following language to describe the uses permitted in this SAD: "vehicle sales, rental and leasing, with no service component". In order to limit the use of this property to be associated with the recently approved SAD, so that it cannot in the future become a stand-alone operation, it is appropriate to limit the allowable uses as follows: "vehicle parking (employee, customer, display and bullpen/inventory) to be used in conjunction with the abutting vehicle sales, rental and leasing facility, with no service component". Under these circumstances, the SAD zoning is more appropriate as the zoning is site specific and allows greater control of the uses that can be conducted on the property, as well as the changes that can be made to the site development plan. Approval of the SAD zoning will result in substantial upgrades to the site, thus eliminating a blighted situation. The improvements proposed in conjunction with establishing the SAD zoning will be an inducement to the area and may encourage redevelopment and development of surrounding properties. Based upon the above, it is appropriate-to establish the SAD zoning for this property. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. The site plan is being processed concurrently with a proposal to rezone the property to SAD (Special Activities District) to accommodate auto sales, leasing and rentals, with no repair component. Thus, the proposal is being reviewed under both the SAD and AC (Automotive Commercial) zone districts, which ever is more restrictive. Perimeter Setbacks for SADs Pursuant to Section 4.4.25(D)(1) and (2), a minimum setback of 15 feet shall be established around the perimeter of any property developed under the SAD designation. Within the front and any side street setback, a 15 foot setback area shall be a landscape setback area and no pavement shall be allowed therein except for pedestrian ways and driveways which provide access to the property and which are generally Planning and Zoning Board Staff Report Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan Page 14 perpendicular to the abutting street. Further, setbacks for all interior spaces shall be as set forth on the site and development plan. Technically, the landscape setback along the north and east property is 15'. As this property is being developed and utilized in conjunction with the adjacent vehicle sales, rental and leasing facility, it is inappropriate to require the 15' setback within these areas. Perimeter Landscape Setbacks Pursuant to LDR Section 4.6.16(H)(3)(d), where parking areas abut - adjacent property, a 5' wide landscape strip is required. Along the north and east sides of the property a 5' wide landscape strip has not been provided. In order to obtain relief from this requirement, a waiver must be granted by SPRAB. If the Levy and Paton properties are combined via a Unity of Title, a waiver will not be necessary. Special Landscape Setbacks Pursuant to Section 4.3.4(H)(6)(b) (Special Landscape Setbacks), along Federal Highway, a single frontage lot with a depth between 251' and 300' requires a 20' landscape setback. As the average depth of the subject property is 260', a 20' landscape strip is required and a 5' wide buffer currently exists. The proposal is to remove existing asphalt and provide a 20 foot landscape buffer, thus complying with the above requirement. Right-of-Way Dedication Pursuant to Section 5.3.1(D)(2), the ultimate right-of-way width for Avenue G is 60 feet and only 50 feet exists. Thus, a 5 foot right-of-way dedication is required. However, a reduction in the required right-of-way width may be granted by the body having approval authority of the associated development application provided that the reduction is supported by the City Engineer; that the full dedication would constitute a hardship and all required improvements will be provided in a manner that will not endanger public safety; and, that alternative provisions are made to accommodate those features which would otherwise be accommodated within the right- of-way. The applicant has requested that the required right-of-way width for Avenue G be reduced to 50 feet. The City Engineer has determined that 60 feet of right-of-way is not necessary for this street and that the required sidewalk can be accommodated within the existing 50 feet of right-of-way. Planning and Zoning Board Staff Report Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan Page 15 Sidewalks Pursuant to LDR Section 6.1.3(B)(1), a 5 foot wide sidewalk is required along Avenue G. Currently, no sidewalks exist along Avenue G. In conjunction with the adjacent development, Avenue G is being improved and a sidewalk is being installed on the portion of that property which abuts Avenue G. Thus, this property owner is also required to install a sidewalk along Avenue G, which has been indicated on the plans. Open Space The site currently contains minimal open space. Pursuant to LDR Section 4.3.4(K), within the AC zone district 25% of open space is required and 29% has been provided. The proposed landscape plan represents a substantial improvement to the existing conditions. Site Lighting Site lighting was discussed previously in this report. In order to ensure compatibility with the adjacent residences, the site lighting must be reduced to comply with LDR Section 4.4.10(G)(6) (Lighting Restrictions). A revised photometrics plan must also be provided. - Section 3.1.t (C) - Consistency (Standards for Site Plan ACtions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 2.4.5(F)(5) (Site Plan Findings): Pursuant to Section 2.4.5(F)(5) (Compatibility Findings), in addition to provisions of Chapter Three, the approving body must make a finding that the development of the property pursuant to the site plan will be harmonious with the adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. As previously stated under the Future Land Use Map Analysis of this report, there are regulations in place where nonresidential uses are adjacent to residential development that require trees every 25 feet along with a wall or hedge to mitigate impacts. This proposal provides trees every 25 feet as well as a wall and hedge. However, 'there are concerns with regard to the intensity of lighting adjacent to the residential properties. In order to ensure compatibility and meet code requirements, the site lighting must be reduced to comply with LDR Section 4.4.10(G)(6). Planning and Zoning Board Staff Report Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan Page 16 The proposed improvements which include landscaping, parking and building upgrades will provide the upgrades necessary for a property that has been neglected for many years. These improvements will enhance rather than depreciate property values of the adjacent properties. SAD Site Plan Modification Review and Approval Process: Substantial changes to an SAD including increases in intensity, change of uses etc. should continue to be reviewed by both the Planning and Zoning Board and - the City Commission. However, minor changes to SAD site plans should not. Therefore, it is recommended that the Board remand any future modifications to this site plan for this project to the Site Plan Review and Appearance Board (SPRAB) for approval. In addition, language should be added to the SAD ordinance specifying that future modifications which are not substantial and do not deal with intensity or type of uses can be reviewed by SPRAB and processed as site plan modifications. Levy Property Site Plan Modification If the rezoning is approved, a non-impacting site plan modification must.be processed modifying the approved site plan for the Levy Property to reflect the proposed changes at the southwest portion of the site. Cross-Access. Parking and Drainage Agreements The proposal requires access to the Paton property be taken from the Levy property. Also, the required parking associated with the Levy Property is located on the Paton property and the properties drain onto one another. Therefore, cross-access, parking and drainage agreements must be executed between Paton and Levy. If the properties are combined via a recorded Declaration of Unity of Title, execution of the agreements will not be necessary. Alley Abandonment The south half of the 10' wide north/south alley which runs along the east side of Lot 12 (east side of the subject property) has not been abandoned, however, the site plan indicates the alley as being incorporated into the overall site and improved as a bullpen parking with a wall installed across the south side of the alley. In order to incorporate the 10' wide alley within the overall development it will be necessary to abandon the alley, which has been attached as a condition of approval. Planning and Zoning Board Staff Report Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan Page 17 ~.?.~.~;~i.:=..=.='='~'~~.'"'~.~;ii~ ".~]!i '~;! ~' ' ' .~ .... - "' ~ "~,~ i~!~" '~'~i The rezoning is not in a geographic area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Site Plan Review and Appearance Board If the rezoning is approved, the landscape plan will be reviewed by the Site Plan Review and Appearance Board. Public and Courtesy Notices: Formal public notice has been provided to property owners within a 500 foot radius of the subject property. In addition, courtesy notices were provided to the following homeowner's and neighborhood associations: [] Tropic Isle [] Tropic Bay [] Tropic Harbor Letters of objection, if any, will be presented at the Planning .and Zoning Board meeting. · :~: ~:~ ~::: :~: :."-':':~:.::i ~:.::.::i::':~: :i ~:.:-'.:::':!:~Z.":!:~: ~-".~! :.:: :: ~::: ::~.'.' ':' :'" ::: i:.:':'":'::":"~'"":: :~; :':'"': :i: :' :'":'~: ::-'": :;'"~ :~""~;~: :~" '~ ::::"~' ~-'-"~::-' :'": :~ .'.'~-.-"~.~ ~ ~:i".~ '~:J'"'::.':;:-'."~ :."~;i:::-~.".-:~';~:i":: .'.':.: :: ~ ;.:;:~'~ ::'""~::':'"": 8~:i '-': ·"-".' ~ ": ~: ~:F~ ~ :~-'~:: :: :.: .'.:-~:~::8~i::?~:''.< :';8.: ~" :':' ~:~ The FLUM Amendment, Rezoning to SAD and attendant site plan are being processed to accommodate a parking area associated with the proposed vehicle sales, rental and leasing facility on the abutting Levy Property. This proposal is inconsistent with Future Land Use Element Policy A-2.4 of the Comprehensive Plan, which states that auto uses shall not be established east of Federal Highway in this area. A finding of overall consistency can be made provided the approving body specifically finds that the beneficial aspects of the proposed project outweighs the negative impacts of the identified points of conflict. Rezoning of the property to accommodate an auto related use, which was the previous use of the west portion of the property, will provide for the re-occupation of and significant upgrades to a blighted property which has been in disrepair for many years. Further, positive findings can be made with respect to Chapter 3 and Section 2.4.5(D)(5) (Rezoning Findings), that there has been a change in circumstances which makes the existing POD and RM zonings inappropriate. Positive findings can be made with the Land Development Regulations provided the conditions of approval are met. The improvements will represent a significant upgrade to a property that has been in disrepair and should be an enhancement to the surrounding areas. Planning and Zoning Board Staff Report Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan Page 18 A. Continue with direction. B. Recommend approval of the Future Land Use Map Amendment from Transitional to General Commercial, and the rezoning request from POD and RM to SAD and attendant site plan for Fronrath Vehicle Sales, Rental and Leasing Facility based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Sections 2.4.5(D)(5)(b) and (c), that there has been a change of circumstances - which makes the current zoning of POD (Professional and Office District) and RM (Medium Density Residential) inappropriate. C. Recommend denial of the Future Land Use Map Amendment from Transitional to General Commercial, and the rezoning request from POD and RM to SAD and attendant site plan for Fronrath Vehicle Sales, Rental and Leasing Facility based upon a failure to make positive findings with respect to Future Land Use Element Policy A-2.4 of the Comprehensive Plan, regarding the establishment of new auto uses east of Federal Highway, south of N.E. 6th Street on property which is not currently zoned for auto use; Chapter 3 (Performance Standards) of the Land Development Regulations; and, LDR Section 2.4.5(D)(5). By Separate Motions: A. Recommend to the City Commission approval of the Small-Scale Future Land Use Map Amendment from Transitional to General Commemial for Fronrath Vehicle Sales, Rental and Leasing Facility based upon .positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, and policies of the Comprehensive Plan, that the potential benefits of the development proposal outweigh the conflicts with Future Land Use Element Policy A-2.4 of the Comprehensive Plan. B. Recommend to the City Commission approval of the rezoning request from POD and RM to SAD and attendant site plan for Fronrath Vehicle Sales, Rental and Leasing Facility based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(D)(5) (Rezoning Findings), and Section 2.4.5(F)(5) (Site Plan Findings) of the Land Development Regulations, and policies of the Comprehensive Plan, subject to the following conditions: Planning and Zoning Board Staff Report Fronrath Sales, Rental and Leasing Facility - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD with Attendant Site Plan Page 19 1. That the permitted use to be conducted on the subject property, and the associated restrictions is as follows: · Vehicle parking (employee, customer, display and bullpen/inventory) to be used in conjunction with the abutting vehicle sales, rental and leasing facility, with no service component. 2. That the site lighting be reduced to comply with LDR Section 4.4.10(G)(6) (Lighting Restrictions) and a revised photometrics plan submitted; _ 3. That a non-impacting site plan modification be processed modifying the approved site plan for the Levy Property to reflect the proposed changes at the southwest portion of the site. 4. That cross-access, parking and drainage agreements be executed between Paton/Fronrath and Levy, or a Declaration of Unity of Title combining the Paton/Fronrath and Levy properties recorded; and, 5. That the south portion of the 10' wide north/south alley along the east side of Lot 12 be abandoned and incorporated into the overall development, or the site plan revised to exclude the alley. C. Approve a waiver to LDR Section 5.3.1(D)(2) to reduce the required right- of-way width for Avenue G from 60 feet to 50 feet, thus waiving the requirement for this property to dedicate 5 additional feet. Attachments: [] Appendix A [] Future Land Use Map El Zoning Map El Site Plan This Report was prepared by: Jeff Costello. Senior Planner A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard __ Does not meet intent - This Standard will be met provided the site lighting illumination is reduced to comply with LDR Section 4.4.10(G){6) (See discussion on Pages 8 and 11). B. Appropriate separation of travelways is made for vehicles, bicycles, and pedestrians in a manner consistent with objective D-1 of the Traffic Element. Not applicable Meets intent of standard ~ Does not meet intent C. Open Space enhancements described in Open Space and Recreation Objective B-l, are appropriately addressed. Not applicable Meets intent of standard ~ Does not meet intent D. That any street widening associated with the development shall not be detrimental upon desired character and cohesiveness of affected residential areas. Not applicable ~X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X_~ Meets intent of standard Does not meet intent F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and _ other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable ~ Meets intent of standard × Does not meet intent G. In order to provide for more balance demographic mix, the development of "large scale adult oriented communities" on the remaining vacant land is discouraged. Not applicable .. X. Meets intent of standard Does not meet intent CITY OF DELRAY BEACH FLORIDA NOIICE OF LAND USE CHANGE The City Commission of the City of Delray Beach, Florida, will consider a proposed change to the Future Land Use Map for a 0.50 acre parcel of land known as the Paton/Levy property locat- ed at the northeast corner of South Federal Highway and Avenue "G". The proposal involves a Small Scale Future Land use Map amendment FROM Transitional TO General' Commercial. The City Commission will conduct a Public Hearing on TUESDAY, APRIL 15, 1997. AT 7:0.0 P.M. (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. At this meeting the City Commission 'intends to adopt this small scale amendment to the Future Land Use Map. The title of the enacting ordinance is as follows: ORDINANCE NO. 18-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OI5 DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FROM TRANSITIONAL TO GENERAL COMMERCIAL, FOR A PARCEL OF LAND KNOWN AS THE PATON/LEVY PROPERTY LOCATED AT THE NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY AND AVENUE G, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMEND- MENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. All interested citizens are invited to attend the public hearing and comment upon the proposed Land Use Map Amendment or sub- mit their comments in writing on or before the date of this hear- .lng to the Planning and Zoning Department. For further informa- tion or to obtain copies of the proposed amendment, please cor{- tact Jeff Costello at the Planning and Zoning Department City Hall, 100 N.W, 1st Avenue, Delray Beach, Florida 33444 (Phone 407/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., ° Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED A RECORD OF THESE PROCEEDINGS AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL ISTO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286,0105. PUBLISH: The News CITY OF DELRAY BEACH April 7,1997 Alison MacGregor Harty AD #743543 City Clerk A POILIC NEARING ~MII k' ~ on ~ M ~ ~1, ~ N.W. 1~ A~ ~1~ ~ THE Cl~ ~ DEL~Y ~CH, F~RID~ ANNEXING TO ~E CI~ ~ ~L~Y lEACH, A PARCEL ~ ~P L~TED ~E WT Sl~ OF ~, APPROXI~TELY ~ FEET ~E PARTICU~RLY KRIBED HEREIN, ~ICH ~ND ~T~S TO EXISTING MUNIC- IP~ LIMITS; RE~F(N&NG THE ~N~BES ~ T~ CI~ TO ~U~ ~ID ~ND~ PROVIDING ~ THE R;~TS AND T~ M ~ID ~ND; AFFIXING ~ ~FBCL~ ~ND USE ~StGN~ T~ ~ ~DIUM ~NSITY RESI. ~NTI~ ~ ~LINO UNIT~ ~RE ~ ~ID ~ND TO THE ~E ~ND U~E WP ~ C~ TklNED IN THE ~; [~ECTI~ TO PR~EED ~R THE SINGLE H~RING ~PTI~ PR~E~ FOR ~E ~ND USE P~g ~END ~NT$; ~IDING ~ THE ~ING THEREOF TO R~ ~DIUM ~NSITY RESI~NTIAL I ~ELLING$ UNITgACRE); PR~ VIDING A ~N[~ REP~LER ~USE. ~D AN EFFECTIVE ~TE. ~ ~DI~CE ~ THE CI~ ~1~1~ ~ THE CI~ ~ ~LRAY ~EACH, FL~I~ CHANGING THE ~URE ~ND USE ~P ~SlGNA. T~ IN THE ~PREHENSIVE ~N FR~ T~NSITI~L TO ~NE~L C~ERCIAL, FOR A PA~L ~ ~ND K~N ~ PAT~E~ PRO~R~ L~T. ED AT THE ~THE~T ~NER ~ ~ FE~R~ HIGHWAY ~O AVENUE G, ~ THE ~E ~E P~TICU~RLY ~IBED HEREIN; ELECTING TO ~EED UNDER THE SINGLE ~ARING A~PTI~ PR~ESS ~ ~LL ~LE ~ND USE ~'~EN~ENTS; ~OVtDING A GENE~ REPEALER C~USE, A ~VING C~USE, AND ~ EF. FE~IVE ~ ~DI~NCE ~ THE Cl~ C~ ~1~ ~ THE CI~ OF DEL~Y ~, FL~I~ REZ~fNG AND ~CI~ ~D ~ESENTLY ~ED ~ (PR~E~I~ AND ~FI~ DISTRI~) INPART, ~NTIAL} IN PART, ENTIRELY I~0 ~ ~D. {SPECIAL ~IVt- TI~S DISTRICT) Z~I~ C~IFI- ~Ti~; ~ID ~ERTY ~T- ED ~TH ~ AVENUE G AND ~H ~ AVENUE F ~T FE~ HIGHWAY (U.S.I) AND ~$T ~ FREDERICK ~LE- V~ ~D, ~ ~E PARTIC~ ~Y ~IIIED HEREIN; ~ A ~NE~L ~USE, A ~VING C~U~, ~ EFFE~IVE ~TE. ~ ~DI~E ~ THE CI~ ~1~ ~ THE CI~ ~ ~LRAY ~H, F~I~ ~ENDI~ T~ ~, ~TE~RDING AND ~E LIKE PR~IBITE~, ~ THE ~ ~ ~DI~CE$ ~ THE C~ ~ ~L~Y lEACH, TO PRG ~ ~ THE PR~IBITI~ ~E ~ ~ ~TE~R~ AND ~ LIKE IN V~E~N'S PARK; ~E~ RE~ER C~USE, A ~VI~ C~U~, ~D AN EFFEC- T~ CI~ ~ ~Y CITY OF DELRAY BEACH, FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following proposed ordinances at 7:00 P.M. on TUESDAY, APRIL 15, 1997 (or at any continuation of such meeting which is set by the Commission), in the City Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida, at which time the City Commission will consider their adoption. The proposed ordinances may be inspected at the Office of the City Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. All interested parties are invited to attend and be heard with respect to the proposed ordinances. ORDINANCE NO. 17-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE EAST SIDE OF BARWICK ROAD, APPROXIMATELY 250 FEET NORTH OF SABAL LAKES ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL 5-12 DWELLING UNITS/ACRE FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED %~DER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LA_ND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL 8 DWELLINGS UNITS/ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 18-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FROM TRANSITIONAL TO GENERAL COMMERCIAL, FOR A PARCEL OF LAND KNOWN AS THE PATON/LEVY PROPERTY LOCATED AT THE NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY AND AVENUE G, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 19-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POD (PROFESSIONAL AND OFFICE DISTRICT) IN PART, AND RM (MEDIUM DENSITY RESIDENTIAL) IN PART, ENTIRELY INTO AN S.A.D. (SPECIAL ACTIVITIES DISTRICT) ZONING CLASSIFICATION; SAID PROPERTY LOCATED NORTH OF AVENUE G AND SOUTH OF AVENUE F EAST OF FEDERAL HIGHWAY (U.S.1) AND WEST OF FREDERICK BOULEVARD AND, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A SAVING CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 20-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 132.09, "SKATEBOARDING AND THE LIKE PROHIBITED", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR THE PROHIBITION ON THE USE OF SKATEBOARDS IN VETERAN'S PARK; RELETTERING SUBSECTION (B) TO SUBSECTION (C); PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing, such person will need a record of these proceedings, and for this purpose such person may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Pursuant to F.S. 286.0105. PUBLISH: Delray Beach News CITY OF DELRAY BEACH April 4, 1997 Alison MacGregor Harty City Clerk ***************************************************************** Instructions to the Newspaper: This is a standard legal advertisement to be published in the legal/classified section of the newspaper. There are no special requirements. Thank you. NOTICE OF LAND USE 'CHANGE CITY OF DELRAY BEACH, FLORIDA The Planning and Zoning Board of the City of Delray Beach, as Local Planning Agency, will consider proposed changes to the Future Land Use Map (FLUM) of the City's adopted, Comprehensive Plan for the following parcels: · A parcel of land located on the east side of Barwick Road, approximately 250 feet north of Sabal Lakes Road. The proposed change to the Future Land Use Map is from County MR-5 (Medium Density Residental - 5 du/ac) to City Medium Density Residential 5-12 du/acre. The parcel contains 3.58 acres. The proposed amendment is related to a voluntary annexation with initial zoning of RM (Medium Density Residential). · A parcel of land located at the northeast corner of South Federal Highway and Avenue G. The proposed change to the Future Land Use Map is from Transitional to General Commercial. The parcel contains 0.5 acres. The Planning and Zoning Board will conduct a Public Hearing regarding the above proposed amendments. The Public Hearing will be held on MONDAY, MARCH 17, 1997, AT 7:00 P.M., (or at any continuation of such meeting which is set by the Planning and Zoning Board). The meeting will be held in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. All interested citizens are invited to attend the public hearing and comment upon the Future Land Use Map amendments or submit their comments in writing on or before the date of this hearing to the Planning and Zoning Department. For further information or to obtain copies of the proposed amendment please contact Jeff Costello of the Planning and' Zoning Department 100 N.W, 1st Avenue, Delray Beach, Florida 33444 [Phone (561) 243-7040],.between the hours of 8:00 A.M..and 5:00 P.M. on weekdays (excluding holidays). PLEASE BE ADVISED THAT IF A PERSON DECIDES'To APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE .APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NO PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: February 28, 1997 CITY OF DELRAY BEACH March 10, 1997 Alison MacGregor Harry Boca Raton News City Clerk Ad #747530