19-96 ORDINANCE NO. 19-96
AN ORDINANCE OF THE CITY CC~tMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED
RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN THE CBD-RC
(CENTRAL BUSINESS DISTRICT- RAILROAD CORRIDOR); SAID LAND
BEING LOT 5, PLAT OF ANDERSON BLOCK, AS MORE PARTICULARLY
DESCRIBED HEREIN, GENER~r.r.Y LOCATED AT THE SOUTHEAST
CORNER OF S.E. 1ST AVENUE AND UNIMPROVED S.E. 6TH STREET;
AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEAL~.R CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning
District Map of the City of Delray Beach, Florida, dated April, 1994, as
being zoned RM (Medium Density Residential) District; and
WHEREAS, at its meeting of April 15, 1996, the Planning and Zoning
Board for the City of Delray Beach, as Local Planning Agency, considered this
item at public hearing and voted 5 to 0 to recommend approval of the
rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City
of Delray Beach, Florida, dated April, 1994, be amended to reflect the
revised zoning classification.
NC~, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray
Beach, Florida, dated April, 1994, be, and the same is hereby amended to
reflect a zoning classification of CBD-RC (Central Business District-Railroad
Corridor) for the following described property:
Lot 5, PLAT OF ANDERSON BLOCK, according to the Plat
thereof recorded in Plat Book 22, Page 45, of the Public
Records of Palm Beach County, Florida.
The subject property is located at the southeast corner
of S.E. 1st Avenue and unimproved S.E. 6th Street, west
of the F.E.C. Railway; containing 0.9! acres, more or
less.
Section 2. That the Planning Director of said City shall, upon the
effective date of this ordinance, amend the Zoning Map of the City of Delray
Beach, Florida, to conform with the provisions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 4. 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 5. ~nat this ordinance 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 21st day of May .. , 1996.
~ity Cle~ -
First Reading May 7, 1996
Second Reading May 21, 1996
- 2 - Ord. No. 19-96
$.W. 4TH · · 4TH ST.
S.E. 5TH ST,
CITY OF DELRA Y BEACH
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PUBLIC WORKS
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~ REZONINO FROM "RM" TO "CBD-RC"
PLANN~NC DEPAR fMEN ! '"~
CI1~' OF D[LRAY B[ACH. FL
-- O/C/TAt. 8,45E MAP Sr~jfE'M --
MEMOR~NDIIM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~I
SUBJECT: AGENDA ITEM # ;0 6 - MEETING OF MAY 21, 1996
ORDINANCE NO. 19-96 (REZONING FROM RM TO CBD-RC FOR
PROPERTY SOUTH OF S.E.6TH STREET WEST OF THE FEC)
DATE: MAY 17, 1996
This is second reading and public hearing for Ordinance No. 19-96
rezoning a 0.91 acre parcel of land from RM (Medium Density
Residential) to CBD-RC (Central Business District - Railroad
Corridor). The subject property is located at the southeast
corner of S.E. 1st Avenue and unimproved S.E. 6th Street west of
the FEC Railway.
The subject property known as the Lee Property is an unplatted,
vacant parcel of land. If the rezoning is approved, it is
anticipated that a development proposal will be submitted to
construct a light industrial type development. The Commission
denied the request for rezoning at its meeting on February 20,
1996 based on the potential impact of auto repair and detailing
uses on the adjacent residential properties.
The Commission initiated a text amendment to the LDRs incorpor-
ating additional location restrictions prohibiting the
establishment of auto repair and detailing uses on the subject
property. It was the consensus of the Commission that the
rezoning request would be heard again once the text amendment was
processed incorporating the additional locational restrictions.
That text amendment is being considered by the Commission at this
meeting of May 7, 1996.
At its meeting of April 15, 1996 the Planning and Zoning Board
reviewed this item and voted 5-0 to recommend approval of the
rezoning request based on positive findings with respect to
Chapter 3 (Performance Standards) of the Land Development Regula-
tions, policies of the Comprehensive Plan, and LDR Sections
2.4.5(D) (5).
At first reading on May 7th, Commission passed the ordinance by
unanimous vote.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~ ~
SUBJECT: AGENDA ITEM # la.~. - MEETING OF MAY 7, 1996
ORDINANCE NO. 19-96 REZONING FROM RM TO CBD-RC FOR
PROPERTY SOUTH OF S.E.6TH STREET WEST OF THE FEC
DATE: MAY 3, 1996
This is first reading for Ordinance No. 19-96 rezoning a 0.91
acre parcel of land from RM (Medium Density Residential) to
CBD-RC (Central Business District - Railroad Corridor). The
subject property is located at the southeast corner of S.E. 1st
Avenue and unimproved S.E. 6th Street west of the FEC Railway.
The subject property known as the Lee Property is an unplatted,
vacant parcel of land. If the rezoning is approved, it is
anticipated that a development proposal will be submitted to
construct a light industrial type development. The Commission
denied the request for rezoning at its meeting on February 20,
1996 based on the potential impact of auto repair and detailing
uses on the adjacent residential properties.
The Commission initiated a text amendment to the LDRs incorpor-
ating additional location restrictions prohibiting the
establishment of auto repair and detailing uses on the subject
property. It was the consensus of the Commission that the
rezoning request would be heard again once the text amendment was
processed incorporating the additional locational restrictions.
That text amendment is being considered by the Commission at this
meeting of May 7, 1996.
At its meeting of April 15, 1996 the Planning and Zoning Board
reviewed this item and voted 5-0 to recommend approval of the
rezoning request based on 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).
If passed, quasi-judicial/public hearing May 21, 1996.
TO: DAVID T. HARDEN, CITY MANAGER
THRU: IR
~..~ING. . AND ZONING
FROM: J/E~F)~ A. COSTELLO
~3ENI~)R PLANNER
SUBJECT: MEETING OF MAY 7, 1996
REZONING FROM RM (MEDIUM DENSITY RESIDENTIAL) TO
CBD-RC (CENTRAL BUSINESS DISTRICT - RAILROAD
CORRIDOR) FOR PROPERTY LOCATED AT THE SOUTHEAST
CORNER OF S.E. 1ST AVENUE AND UNIMPROVED S.E. 6TH
STREET, IMMEDIATELY WEST OF THE F.E.C. RAILROAD.
The action requested of the City Commission is that of approval on
first reading of an ordinance rezoning a 0.91 acre parcel from RM
(Medium Density Residential) to CBD-RC (Central Business District
- Railroad Corridor).
The subject property is located at the southeast corner of S.E. 1st
Avenue and unimproved S.E. 6th Street, immediately west of the
F.E.C. Railroad.
The subject property is an unplatted parcel of land which is currently vacant and
consists of 0.91 acres.
The development proposal is to rezone the property from RM (Medium Density
Residential) to CBD-RC (Central Business District ~ Railroad Corridor). If the
rezoning is approved, it is anticipated that a development proposal will be
submitted to construct a light industrial type development.
City Commission Documentation
Meeting of May 7, 1996
Rezoning from RM to CBD-RC for the Charles Lee Property
Page 2
On February 20, 1996, the City Commission denied the same rezoning request
for the subject property on second reading. The basis for the denial related to
concerns regarding the CBD-RC zone district allowing auto repair uses on the
property. In response to the concern, the City Commission initiated a text
amendment to the LDRs to incorporate Iocational restrictions for the auto repair
uses, which would prohibit the establishment of an auto repair use on the subject
property. This text amendment is also being considered by the Commission at
its May 7th meeting.
Pursuant to LDR Section 2.4.5(D)(6)(a), once a rezoning has been denied, the
same petition cannot be considered for a period of 12 months. However, this
limitation does not apply to rezonings that are denied in a manner deemed as
"without prejudice". At its February 20th meeting, it was the consensus of the
City Commission that the rezoning request be brought back as quickly as
possible, once the text amendment was processed. Therefore, the 12 month
limit does not apply to this petition.
Additional background and an analysis of the request is found in the attached
Planning and Zoning Board Staff Report.
At its meeting of April 15, 1996, the Planning and Zoning Board held a public
hearing in conjunction with review of the request. There was no public testimony
regarding the request. After reviewing the staff report and discussing the
proposal, the Board voted 5-0 (Young and Schmidt absent) to recommend that
the rezoning request be approved, 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).
By motion, approve on first reading the ordinance for the rezoning from RM
(Medium Density Residential) to CBD-RC (Central Business District - Railroad
Corridor) based upon the findings and recommendation by the Planning and
Zoning Board, and setting a public hearing date of May 21, 1996.
Attachments:
P & Z Staff Report and Documentation of April 15, 1996
Ordinance by Others
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: April 15, 1996
AGENDA ITEM: IV.B.
ITEM: Rezoning from RM (Medium Density Residential) to CBD-RC (Central
Business District-Railroad Corridor) for a Parcel of Land Located on the
Southeast Corner of S.E. 1st Avenue and Unimproved S.E. 6th Street,
West of the F.E.C. Railway.
I II Ilss¢l /t/1 11 11111111 I I
PLANT e ' I z
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GENERAL DATA:
Owner/Appli~nt ................................... Chades E. Lee
Lo~tion ............................................... Southeast Corner of S.E. 1st Avenue and Unimproved S.E. 6th Street, We~
of the F.E.C.~ Railway.
Prope~y Size ....................................... 0.91 Acres
~ Future Land Use Map ........................... Redevelopment Area ¢5
Cuffent Zoning .................................... RM (Medium Density Residential)
Proposed Zoning .................................. CBD-RC (Central Business Distdct - Railroad Corddo0
Adjacent Zoning ......................... Nodh: CBD-RC and RM
East: R-1-A (Single Family Residential)
South: RM
We~: RM
Bisting Land Use ................................ Vacant land.
Proposed Land Use .............................. Rezoning from RM (Medium Density Residential) to CBD-RC (Central
Business Distri~ - Railroad Co~do0 to accommodate a light indu~dal
development
Water Se~ice ...................................... Available to the site via a se~ice lateral connexion to an existing 16" water
main located along the nodh side of the properly within the unimproved S.E.
6th Street right-o6way.
Sewer Se~ice ...................................... Available via a main extension and connection to the existing sewer main
within South Swinton Avenue, approximately 180 feet west of the properly.
The action before the Board is that of making a recommendation to
the City Commission on a rezoning from RM (Medium Density
Residential) to CBD-RC (Central Business District- Railroad
Corridor) for the Charles Lee Property, pursuant to Section
2.4.5(D).
The subject property is located at the southeast corner of S.E. 1st
Avenue (if extended) and S.E. 6th Street (unimproved),
approximately 650 feet south of S.E. 4th Street, and contains 0.91
acres.
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.
The subject property is a vacant parcel of land consisting of Lot 5, Anderson
Block and containing 0.91 acres. City records do not indicate any land use
activity on the subject property.
On May 16, 1995, the City Commission approved on second reading an
ordinance (Ordinance No. 22-95) creating the CBD-RC (Central Business District
Railroad Corridor) zoning district, and thus, amending the LDRs. The zoning
district was created pursuant to Land Use Element Policy A-5.14 of the
Comprehensive Plan to facilitate the establishment of industrial and commerce
areas as envisioned in the "Village Center" scenario.' The zoning district was to
be applied to those areas in the downtown which have been traditionally
developed for light industrial uses.
At its meeting of June 20, 1995, the City Commission approved rezonings to
CBD-RC for various properties along the F.E.C. railroad corridor (Ordinance No.
32-95). During the public hearings, the owner of the subject property, Charles
Lee, inquired with respect to adding his property into the CBD-RC, as he wanted
to develop the property as light industrial and could not develop it as residential
since the property abuts the railroad tracks. Due to the notification requirements,
the property could not be included in the rezoning. The property owner was
informed that he could submit a rezoning application, and that the LI (Light
Industrial) zone district should be considered rather than CBD-RC, as the LI
zone district development standards are more restrictive and the potential uses
are somewhat limited. However, pursuant to LDR Section 4.6.4, where industrial
zoning is adjacent to residential zoning, the building setback require ,n~ents must
be increased to 50 and 60 feet depending on certain circumstances. Due. to the
narrowness of the property and its location, the property would be undevelopable
P & Z Board Staff Report
Charles Lee Property - Rezoning from RM to CBD-RC
Page 2
unless a variance is granted. As a property cannot be rezoned with a condition
i.e. obtaining a variance, the property could not be rezoned to LI. The CBD-RC
is a mixed use zoning district that was intended to be applied to the central
downtown core. As this area includes a mix of residential and commercial uses,
the special setback requirements for industrial zoning would not apply.
Therefore, the applicant is requesting that the property be rezoned to CBD-RC.
At its meeting of January 22, 1996, the Planning and Zoning Board
recommended approval of the rezoning request. However, on February 20,
1996, the City Commission denied the request on second reading. The basis for
the denial related to concerns regarding the CBD-RC zone district allowing auto
repair uses on the property. In response to the concern, the City Commission
initiated a text amendment to the LDRs to incorporate Iocational restrictions for
the auto repair uses, which would prohibit the establishment of an auto repair
use on the subject property. This text amendment is being considered by the
Board, at its April 15th meeting.
Pursuant to LDR Section 2.4.5(D)(6)(a), once a rezoning has been denied, the
same petition cannot be considered for a period of 12 months. However, this
limitation does not apply to rezonings that are denied in a manner deemed as
"without prejudice". At its February 20th meeting, it was the consensus of the
City Commission that the rezoning request be brought back as quickly as
possible, once the text amendment was processed. Therefore, the 12 month
limit does not apply to this petition.
The development proposal is to rezone a 0.91 acre parcel of land from RM
(Medium Density Residential) to CBD-RC (Central Business District - Railroad
Corridor). If the rezoning is approved, it is anticipated that a development
proposal will be submitted to construct a light industrial type development.
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 following four areas.
P & Z Board Staff Report
Charles Lee Property ~ Rezoning from RM to CBD-RC
Page 3
Future Land Use Map: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use
designation.
The subject property has a Future Land Use Map designation of Redevelopment
Area #5 (Osceola Park) and is zoned RM (Medium Density Residential). The
proposal is to rezone the property to CBD-RC Central Business District -
Railroad Corridor). Unlike other land use designations, there are no zoning
classifications that are automatically consistent with a Redevelopment Area
designation. This rezoning petition is being processed pursuant to the "case-by-
case" option more fully described in Future Land Use Element of the
Comprehensive Plan. Based upon the above, a positive finding can be made
with respect to consistency with the Future Land Use Map.
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.
Water & Sewer:
Water service is available to the site via a service lateral connection to an
existing 16" water main located along the north side of the property within
the unimproved S.E. 6th Street right-of-way.
I~1 Currently, there is insufficient fire suppression to properly serve this site
and the immediate area. Therefore, with development of the property
installation of a fire hydrant will be required.
E! Sewer service is available via a main extension and connection to the
existing sewer main within South Swinton Avenue, approximately 180 feet
west of the property.
With future development any main extensions and/or upgrades will be the
responsibility of the developer and will be addressed with a full site plan
submittal. 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:
With rezoning requests drainage plans are not required, however, they are
required with a full site plan submittal. As the property is currently vacant, there
are no problems anticipated with the ability of future development retaining-
P & Z Board Staff Report
Charles Lee Property - Rezoning from RM to CBD-RC
Page 4
drainage on-site and complying with Lake Worth Drainage District and South
Florida Water Management District standards.
Traffic:
With a rezoning the maximum development under the existing and proposed
zoning designation is assessed. Under the current RM (Medium Density
Residential) zoning designation, the maximum development potential would be a
10-unit multiple family development generating 70 average daily trips. With
development under the proposed CBD-RC (Central Business District - Railroad
Corridor) zoning designation, the maximum development potential would be a
9,909 sq.ft, commercial building generating 923 average daily trips. This would
result in a net increase of 853 average daily trips. However, the development
proposal is to construct a light industrial project which would generate a
maximum of 72 average daily trips for a net increase of 2 vehicular trips. Traffic
concurrency with respect to individual site development proposals must be
addressed with review of a specific site development plan. However, it is noted
that there is adequate capacity on the surrounding roadway network to
accommodate the traffic from any of the above development scenarios.
Parks and Recreation:
The rezoning from RM to CBD-RC will decrease any additional demand on the
City's park facilities, as parks and recreation dedication requirements do not
apply to the nonresidential uses. Thus, there will be no impact on this level of
service standard.
Solid Waste:
Trash generated each year by the proposed industrial use would be equal to or
slightly greater than trash generated from a multiple family development. Thus,
development of this property under the CBD-RC zone district should not create
an adverse impact on this level of service standard.
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.
COMPREHENSIVE PLAN POLICIES
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and the following applicable objectives and policies were
found.
P & Z Board Staff Report
Charles Lee Property - Rezoning from RM to CBD-RC
Page 5
Redevelopment Areas - The Redevelopment Area designation is applied to
those areas which have been identified in the Land Use Element as being
in need of redevelopment. Development shall occur pursuant to a specific
"redevelopment plan" which is to be prepared pursuant to Objective C-2 of
the Land Use Element. If a development proposal is presented to the City
prior to the creation and adoption of a redevelopment plan, that proposal
shall be handled in one of the following ways:
[] the application shall be placed on hold for not more than six (6) months
while the redevelopment plan is prepared;
[] the application shall be processed on a case by case basis with the
existing zoning map, the Land Use Element, and the Housing element
providing the Local Planning Agency with the policy guidance needed
to properly dispose of the application.
The description of the Osceola Park Redevelopment Area (#5) in the
Comprehensive Plan is as follows:
Land Use Element Policy C-2.9 - The Osceola Park Redevelopment Area
(Redevelopment Area #5) is bounded by S.E~ 2nd Street, Federal Highway
(S.E. 5th Avenue), S.E. 5th Street, and Swinton Avenue. This area which
has industrial uses with inadequate parking to the west, commercial uses
on the east, and a mixed residential area which has turned mainly into
renter occupied units is also encompassed by wellfield protection zones.
The primary focus of this redevelopment plan shall be to arrest
deterioration, provide adequate parking and services for the existing
industrial and commercial areas, .and accommodate housing which is
compatible with the other use~.
The proposal involves a narrow parcel of land that has remained vacant for many
years and is located adjacent to the F.E.C. railroad. Development of the
property for residential purposes may not be appropriate or realistic with the
existing industrial uses to the north and the abutting F.E.C. Railroad. Any new
development will be required to comply with the Land Development Regulations,
thus, adequate parking and landscaping will be provided. Based upon the
above, it is appropriate to consider the proposal on its own merits, as permitted
in the "case by case" option under the policies for Redevelopment Areas in the
Comprehensive Plan.
Under the Planning Department Work Program, th~ Osceola Park
Redevelopment Plan is scheduled to be completed in the late 1996. As an
alternative, the Board could postpone action on this item and accelerate the
schedule for the redevelopment plan. This would require reprioritizing ..~. ,-
redevelopment plans and thus, shift the North Federal Highway RedeVelopment
Plan to late 1996.
P & Z Board Staff Report
Charles Lee Property - Rezoning from RM to CBD-RC
Page 6
Conservation Policy A-l.l: The practice of monitoring groundwater
conditions through installation of monitoring wells shall be continued. In
addition, monitoring wells are to be installed for non-residential land uses
which locate within zone 3 around the series 20 and eastern wellfields.
Provisions shall be made for data from these private monitoring wells to be
used in the City's on-going monitoring efforts.
Pursuant to the Wellfield Zone Protection Map, the subject property is located
within zones 2 and 3. The County Wellfield Protection Ordinance, administered
by the Department of Environmental Resources Management (DERM),
determines whether or not monitoring wells are required for any property. An
affidavit of notification is required to be transmitted to DERM which identifies the
materials that are stored on the site or utilized in the processing aspect of the
facility. This must be provided at the time of site plan submittal. This policy also
addresses LDR Section 3.3.4(A), which requires assurance that provisions of the
County Wellfield Protection Ordinance shall be complied with.
Land Use Element Objective A-1 - Vacant property shall be developed in a
manner so that the future use and intensity is appropriate and complies in
terms of soil, topographic, and other applicable physical considerations, is
complimentary to adjacent land uses, and fulfills remaining land use
needs.
The property has been disturbed and there are no physical conditions that would
prevent development of the property. There are special boundary requirements
between the commercial and residential zoning to mitigate any potential impacts.
The property can be developed under the CBD-RC zoning in a manner that
would be complementary to the adjacent residential developments. The
proposed zoning fulfills a remair~ing land use need of industrial development to
provide additional employment as well as increase the City's tax base.
Section 3.3.2 (Standards for Rezoning Actions): Standards A, B and C are
not applicable with respect to this rezoning request. The following is the
applicable performance standard of Section 3.3.2:
(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.
Properties to the north are zoned CBD-RC (Central Business District -
Railroad Corridor) and RM; to the south and west are zoned RM; and, to
the east, across the F.E.C. Railroad is zoned R-1-A (Single Family
Residential). The land uses adjacent to the property include the following:
north of the property is an industrial development, a multiple family
P & Z Board Staff Report
Charles Lee Property - Rezoning from RM to CBD-RC
Page 7
development and Griffin Gate duplex development; west are 4 single
family homes; south is vacant land; and, east is the Osceola Park
subdivision consisting primarily of single family homes.
Compatibility of the potential auto repair uses allowed under the CBD-RC
zoning with the residences to the west and east, across the F.E.C.
Railroad, is a concern. A text amendment to the LDRs is being processed
to incorporate Iocational restrictions for the auto repair uses, which would
prohibit the establishment of an auto repair use on the subject property. If
the text amendment prohibiting auto repair uses on the property is denied,
it may be appropriate to again deny the rezoning request.
The property can be developed 'in a manner that will be compatible with
the adjacent residences. There are existing regulations in place to
mitigate impacts with the residences such as trees every 25 feet with a
continuous hedge or 6' high masonry wall adjacent to the residences.
Further, where commercial zoning abuts residential property, the
proposed building must be set back 10 feet from the residentially zoned
property [ref. LDR Section 4.6.4(A)(2)]. The hours of operation is not a
major concern as most businesses normally operate between 8:00 a.m.
and 5:00 p.m.
Access to the site will be taken from S.E. 1st Avenue which is improved
and serves the adjacent light industrial development on the east side of
1st Avenue and the duplex development on the west side. Thus, the
potential traffic would not be traveling through a residential street. While
access could be obtained utilizing S.E. 6th Street, the street is
unimproved and runs between two residential developments to the west of
the subject site. It wobld be inappropriate to improve the road to
accommodate industrial or commercial uses. S.E. 6th Street is not
scheduled to be improved in the 5-year Capital Improvement Program,
nor is anticipated that it ever will. Within this immediate area, abandoning
unimproved rights-of-way and aggregation of land is encouraged to obtain
additional site area and accommodate a larger well-planned development.
In light of the above, the applicant may want to consider abandoning the
6th Street right-of-way as well as the alley right-of-way along the west side
of the property.
Section 2.4.5(D)($) (Rezoning Findings):
Pursuant to Section 2.4.$(D)($} (Findings), in addition to provisions of
Section 3.1.1, 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:
P & Z Board Staff Report
Charles Lee Property - Rezoning from RM to CBD-RC
Page 8
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:
The subject property is has been vacant for many years. Development of
the property under the existing RM zoning designation for residential
purposes seems unrealistic as the property is a long narrow parcel of land
which abuts the F.E.C. Railroad to the east and industrial to the north.
The requested zoning is of similar intensity as other existing industrial and
commercial uses which exist along the F.E.C. railroad, within the Osceola
Park Redevelopment Area, and is more appropriate based upon the
above stated circumstances.
Comment: Item "c" is the basis for which the rezoning should be granted. The
rezoning to CBD-RC is more appropriate given the narrowness of the property
and its proximity to the F.E.C. Railroad and the industrial developments to the
north. Rezoning of the property to CBD-RC will enable development in a manner
that will be compatible with the adjacent residences as well as an asset to the
surrounding area. Developmen, t of this parcel will be an inducement the area
and may encourage redevelopment and development of surrounding properties.
Based upon the above, it is appropriate to rezone the property to CBD-RC
(Central Business District- Railroad Corridor).
The rezoning is not in a geographic area requiring review by the DDA
(Downtown Development Authority) or the HPB (Historic Preservation Board).
Community Redevelopment Agency
At its meeting of January 11, 1995, the CRA reviewed and recommended
approval of the rezoning from RM to CBD-RC.
.Site Plan Review and Appearance Board
If the rezoning is approved, it anticipated that a site plan submittal will folioTM
which requires action by the Site Plan Review and Appearance Board.
P & Z Board Staff Report
Charles Lee Property - Rezoning from RM to CBD-RC
Page 9
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:
Q Osceola Park Homeowners Association
CI Old School Square Homeowners Association
Letters of objection and support, if any, will be presented at the Planning and
Zoning Board meeting.
The rezoning from RM to CBD-RC is consistent with the policies .of the
Comprehensive Plan and Chapter 3 of the Land Development Regulations.
Also, positive findings can be made with respect to Section 2.4.5(D)(5)
(Rezoning Findings), that the CBD-RC is more appropriate given the
circumstances particular to the site. Development of the property under the RM
zoning may be unrealistic. The CBD-RC zoning appears to be more appropriate
given the narrowness of the property and its proximity to the F.E.C. Railroad and
the industrial developments to the north. The property can be development in a
manner that will be an inducement to the area and may encourage
redevelopment and development of surrounding properties. However, if the text
amendment the CBD-RC zone prohibiting auto repair uses on the property !s not
approved, it may be appropriate to deny the rezoning request.
A. Continue with direction.
B. Recommend approval of the rezoning request from RM to CBD-RC 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 policies of the Comprehensive Plan.
C. Recommend denial of the rezoning request from RM to CBD-RC based
upon a failure to make a positive finding with respect to LDR Section
3.3.2(D) (Compatibility) that the zoning is incompatible with the adjacent
residential uses, and that pursuant to LDR Section 2.4.5(D)(5) the
rezoning fails to fulfill at least one of the reasons listed.
P & Z Board Staff Report
Charles Lee Property - Rezoning from RM to CBD-RC
Page 10
Recommend to the City Commission approval of the rezoning from RM to CBD-
RC for the Charles Lee Property 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 policies of the Comprehensive Plan.
Attachments:
[] Location/Zoning Map
El Survey
This Staff Report prepared by: Jeff Costello. Senior Planner
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