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81-95 ORDINANCE NO. 81-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA· CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM TRANSITIONAL TO GENERAL COMMERCIAL, AND REZONING FROM POC (PLANNED OFFICE CENTER) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT, FOR A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF LINTON BOULEVARD AND CONGRESS AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; 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· the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned POC (Planned Office Center) District; and WHEREAS, at its meeting of November 20, 1995, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed this item and voted 4 to 2 to recommend approval of a Small Scale FLUM amendment and rezoning, 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, and that the Zoning District Map of the City of Delray Beach· Florida, dated April· 1994, be amended to reflect the revised zoning classification NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA· AS FOLLOWS: Section 1. That the legal description of the subject property is as follows: A parcel of land lying in the North Half (N 1/2) of Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida; said parcel being more particularly described as follows: Commence at the Northeast Corner of said Section 30; thence South 89 degrees 59'03" West, a distance of 1,084.52 feet; thence South 00 degrees 12'10" East along a line 515.00 feet west of and parallel with the West line of Seaboard Airline Railway, for a distance of 100.92 feet, to the POINT OF BEGINNING of the following described parcel of land; thence continue South 00 degrees 12'10" East along the West right-of-way line of Congress Avenue, said line being 515.00 feet west of the West right-of-way line of said Seaboard Airline Railway, for a distance of 152.08 feet to a point on the South line of the North 253.00 feet of said Section 30; thence South 89 degrees 59'03" West along the South line of the North 253.00 feet of said Section 30 for a distance of 170.00 feet; thence North 00 degrees 12'10" West parallel with the West right-of-way line of Congress Avenue for a distance of 177.00 feet to a point on the South right-of-way line of Linton Boulevard; thence North 89 degrees 59'03" East along the South right-of-way line of Linton Boulevard, said line lying 76.00 feet south of and parallel to the North line of said Section 30, a distance of 145.08 feet; thence South 45 degrees 06'34" East for 35.30 feet to the POINT OF BEGINNING. The subject property is located at the southwest corner of Linton Boulevard and Congress Avenue; containing a 0.68 acre parcel of land, more or less Section 2. That the Future Land Use Map in the Comprehensive Plan of the City of Delray Beach, Florida, is hereby changed to reflect a land use designation of General Commercial for the subject property. $gction 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 the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, is hereby amended to reflect a zoning classification of GC (General Commercial) District for the subject property. ~_~ 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 4 hereof. - 2 - Ord. No. 81-95 ~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ~_gSd~%~D__7_~ 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. ~ 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 Committee, 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 9th day of Jan~, 1996. ATTEST: First Reading December 5, 1995 Second Reading January 9r 1996 - 3 - Ord. No. 81-95 MIC CD S.W. 14 , LINTON BOULEVARD I SPRING POC N ~ LINTON-CONGRESS SERVICE STATION Pt. ANNING C)~..o~ T~N T MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~i??~ 'I SUBJECT: AGENDA ITEM # /O A - MEETING OF JANUARY 9, 1996 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 81-95 (SMALL SCALE FLUM AND REZONING FOR SOUTHWEST CORNER OF LINTON BOULEVARD AND CONGRESS AVENUE DATE: JANUARY 5, 1996 This is second reading and public hearing for Ordinance No. 81-95 which changes the Future Land Use Map designation from Transi- tional to General Commercial and rezones a vacant 0.68 parcel of land from POC (Planned Office Center) to GC (General Commercial) District. The subject property is located at the southwest corner of Linton Boulevard and Congress Avenue. If this action is approved, it is anticipated that a conditional use request to establish a gasoline service station will follow. The Planning and Zoning Board considered this item at public hearing on November 20, 1995 and voted 4-2 to recommend that the request be approved, based on positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D) (5). At first reading December 5, 1995 the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 81-95 on second and final reading. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER FIRST READING FQR QRDINANQE NO, $1-95 (SMALL SQALE FbUM AND REZONING FOR SOUTHWEST CORNER OF LINTON BOULEVARD AND QQNGRESS AVENUE ~ DATE: DECEMBER 1, 1995 This is first reading for Ordinance No. 81-95 which changes the Future Land Use Map designation from Transitional to General Commercial and rezones a vacant 0.68 parcel of land from POC (Planned Office Center) to GC (General Commercial) District. The subject property is located at the southwest corner of Linton Boulevard and Congress Avenue. If this action is approved, it is anticipated that a conditional use request to establish a gasoline service station will follow. The Planning and Zoning Board considered this item at public hearing on November 20, 1995, and voted 4 to 2 (Kiselewski and Schmidt dissenting) to recommend that the 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 Section 2.4.5(D)(5). The two dissenting members had concerns with respect to increased traffic volumes and congestion at the intersection, as well as traffic movements into the site. A report on the Board's consideration is provided in the Planning Department's memorandum. Recommend approval of Ordinance No. 81-95 on first reading. If passed, a quasi-judicial/public hearing' will be scheduled for January 2, 1996. ref: agmemo13 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOI~ D Z13NING FROM: /Fj~F/i~Y A. COSTELLO (' 9EN~R PLANNER SUBJECT: MEETING OF DECEMBER 5, 1995 SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM TRANSITIONAL TO GC (GENERAL COMMERCIAL), AND REZONING FROM POC (PLANNED OFFICE CENTER) TO GC (GENERAL COMMERCIAL) FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF LINTON BOULEVARD AND CONGRESS AVENUE. ACTION REQUESTED OF THE COMMISSION: 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 POC (Planned Office Center). The subject property is located at the southwest corner of Linton Boulevard and Congress Avenue. BACKGROUND: The subject property is an unplatted parcel of land which is currently vacant and consists of 0.68 acres. The proposal is to change the Future Land Use Map designation for the property from Transitional to General Commercial and rezone the property from POC (Planned Office Center) to GC (General Commercial). If the FLUM amendment and rezoning are approved, it is anticipated that a conditional use request to establish a gasoline service station will follow. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. City Commission Documentation Small-Scale FLUM Amendment and Rezoning to GC - SW Corner of Linton and Congress Page 2 PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of November 20, 1995, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. There was public testimony in support of and in opposition to the request. The objections related to potential traffic congestion, irregular traffic movements (i.e. u-turns and multiple lane crossings), and concerns with the potential uses allowed under the proposed GC zoning i.e. gasoline station, convenient store, fast food restaurant. Support of the proposal was presented by the CRA which is encouraging office development to locate downtown. After reviewing the staff report and discussing the proposal, the Board voted 4-2 (Kiselewski and Schmidt dissenting, Young absent) to recommend that the requests 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). The two dissenting Board members had concerns with respect to increased traffic volumes on Linton Boulevard and congestion at the Linton and Congress intersection as well as traffic movements into the site. RECOMMENDED ACTION: By motion, approve on first reading the ordinance for the FLUM amendment and and rezoning to GC (General Commercial), and setting a public hearing date of January 2, 1995. Attachments: P & Z Staff Report and Documentation of November 20, 1995 Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: November 20, 1995 AGENDA ITEM: V.D. ITEM: Small-Scale Future Land Use Map Amendment from Transitional to General Commercial and Rezoning from POC (Planned Office Center) to GC (General Commercial) for a 0.68 acre parcel located at the southwest corner of Linton Boulevard and Congress Avenue. GENERAL DATA: Owner ............................................. Ocean Properties, Ltd. Applicant. ....................................... DEB Petroleum, Co. No. 2, Inc. Agent .............................................. David Felton Corporate Property Services, Inc. Location....~ ...... ~ .............................. At the southwest comer of Linton Boulevard and Congress Avenue. Property Size .................................. 0.68 Acres Existing Future Land Use Map ....... Transitional Proposed Future Land Use Map .... General Commercial Current Zoning ............................... POC (Planned Office Center) Proposed Zoning ............................ GC (General Commercial) Adjacent Zoning ................... North: POD (Professional and Office District) and RM (Medium Density Residential) East: PO(; South: RM West: RM Existing Land Use ......................... Vacant land Proposed Land Use ....................... FLUM amendment and rezoning to General Commercial to accommodate the development of the site as a service station with a convenience store. Water Service ................................. Available via a sewer lateral connection to an existing 8" water main along the west side of Congress Avenue. Sewer Service ................................ Available via installation of a private lift station and connection to an existing 10" force main along Congress Avenue. The item before the Board is that of making a recommendation on a privately-sponsored Small-Scale Future Land Use Map Amendment from Transitional to General Commercial and a rezoning from POC (Planned Office Center) to GC (General Commercial). The subject property is located at the southwest corner of Congress Avenue and Linton Boulevard. The subject property is an unplatted parcel of land which is currently vacant and consists of 0.68 acres. In 1983, a request to rezone the property from PRD-10 (Planned Residential Development - 10 du/acre) to SAD (Special Activities District) was processed in conjunction with conditional use and site plan approval requests to establish a gasoline service station with an automatic car wash, which would operate 24 hours a day. At the Planning and Zoning Board workshop meeting of August 23, 1983, the Board stated that they did not support the car wash component of the gas station. The applicant revised the submittal by eliminating the car wash and adding a convenience store component. At the Board's regular meeting and public hearing of September 19, 1983, there was extensive public testimony in opposition to the request which questioned the need for a gasoline station at that intersection. The applicant requested a postponement of the item in order to meet with the representatives of the adjacent residential developments to discuss the proposal and address their concerns. The Board then voted to postpone the item to the subsequent meeting. At its meeting of October 17, 1983, the Planning and Zoning Board held a public hearing in conjunction with review of the proposal. There was public testimony in opposition to the request. The Board recommended denial of the proposal based upon incompatibility with the adjacent residential character of the surrounding development and high tech developments; that the proposed development will be a deterrent to development of the adjacent property in accordance with the residential land use designations; that the rezoning would constitute a special privilege to an individual property owner; that the proposal does not satisfy an individual need of the residences as there are gas stations within 1.5 miles of the property; and, that there was insufficient evidence submitted justifying the need for rezoning. At the request of the applicant, the rezoning, conditional use and site plan requests were never acted upon by the City Commission. P & Z Board Staff Report Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC to GC Page 2 In 1985, a Future Land Use Map amendment and rezoning of the subject property from PRD-10 (Planned Residential Development - 10 du/acre) to POI (Professional, Office and Institutional) was processed. In conjunction with the FLUM amendment and rezoning, a conditional use and site plan request was processed to construct a 10,690 sq.ft, financial institution/office development, with drive-thru banking facilities on the property. At that time the property contained 0.92 acres. At its meeting of March 18, 1995, the Planning and Zoning Board recommended approval of the FLUM amendment and rezoning of the property to POI. On May 20, 1985, the Planning and Zoning Board recommended approval of the conditional use and site plan request. At its meeting of May 28, 1985, the City Commission approved the rezoning of the property to POI. No further action was taken on the conditional use and site plan subsequent to the Planning and Zoning Board meeting. On September 24, 1985, the POC (Professional Office Center) zone district was adopted to replace the POI zone district· Subsequently, the properties that were zoned POI were rezoned to POC, including the subject property. Since that time, Palm Beach County purchased the north 23' and the east $0' of the property to provide right-of-way for the expanded intersection of Linton Boulevard and Congress Avenue. On October 6, 1995, a request for a Future Land Use Map amendment and rezoning of the property to GC (General Commercial) was submitted and is now before the Board for action. The-proposal is to change the Future Land Use Map designation for the property from Transitional to General Commercial and rezone the property from POC (Planned Office Center) to GC (General Commercial). If the FLUM amendment and rezoning are approved, it is anticipated that a conditional use request to establish a gasoline service station will follow. This Future Land Use Map Amendment is being processed as a Small Scale Development pursuant to Florida Statues 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: [] The amendment does not exceed either 10 acres of nonresidential land or 10 acres of residential land with a density of 10 units per acre or less; P & Z Board Staff Report Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC to GC Page 3 The cumulative effect of the amendments processed under this section shall not exceed 60 acres annually; and, El The proposed amendment does not involve the same property owner's property within a 200 feet of property granted a change within a period of 12 months. The land use map amendment involves a 0.68 acre parcel of land, thus the total area is less than the 10 acre maximum for nonresidential land uses. The amendment to General Commercial is being processed concurrently with a rezoning request to GC (General Commercial) to facilitate the construction of a gasoline service station. This amendment along with other small scale amendments processed this year will not exceed 60 acres. This property has not previously been considered for a land use amendment nor have any of 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 policy was found. Traffic Element Policy A-5.3 - The City shall guard against the overcommercialization of intersections by restricting land uses which are high traffic generators to no more than two adjoining streets. The subject property is the only vacant property at an intersection that has "commercial" uses on the three developed corners. The rezoning to GC will allow for high traffic generating uses such as fast food restaurants, convenience stores, and general retail uses. While the POC zoning allows restaurants, they are only permitted as a conditional use when designed to be part of the overall POC concept and are primarily directed toward meeting the lunch hour demands. Thus, the proposal does not comply with this Comprehensive Plan Policy. Future Land Use Element .Ob_iective A-1 - 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. The property has been disturbed and there are no physical conditions that would prevent development of the property. The proposed zoning of General Commercial and its potential uses is not necessarily P & Z Board Staff Report Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC to GC Page 4 complementary to the adjacent residences. While the property could be developed under the GC zoning in a manner that would be complementary to the adjacent residential development, the concerns relate to the intensity of the commercial uses and their hours of operation. That the potential commercial uses would fulfill a remaining land use need seems debatable, especially with congestion that currently exists at the Congress and Linton intersection. Future Land Use Element Policy A-l.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 land which is less than an acre and located at a major intersection. The amendment is to accommodate a single-use strip commercial type of use which will not compete with the redevelopment efforts in the City's Central Business District. Based upon the above, the proposal is not inconsistent with this Policy. Land Use Analysis: Pursuant to Land Development Regulations Section 3.'I.~(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), and OSR (Open Space and Recreation). In conjunction with the Future Land Use Map amendment to General Commercial, a rezoning to GC (General Commercial) is being sought. The FLUM amendment and rezoning to GC are being processed concurrently to facilitate the construction of a gasoline service station. Within the GC zone district, gasoline stations are allowed as a conditional use. P & Z Board Staff Report Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC to GC Page 5 Adjacent Land Use Map Designations. Zoning Designations & Land Uses: North: North of the property, across Linton Boulevard, has a Future Land Use Map designation of General Commercial and Medium Density Residential 5-12 du/acre. The properties are zoned POD (Professional and Office District) and RM (Medium Density Residential). The existing land uses are First Union Bank and Delray Estates multiple family development. South and West: South and West of the property has a Transitional land use designation and is zoned RM (Medium Density Residential). The existing land use is the Spring Harbor multiple family development. East: East of the property, across Congress Avenue, has a Future Land Use Map designation of Transitional and is zoned POC. The existing land use to the east is a nonconforming auto repair facility (Goodman's Auto Service Center). 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-I-A thru R-l-AAA, RL, PRD, and RM). The property is currently zoned POC which allows business and professional office uses. Under the proposed General Commercial FLUM designation, commercial developments (GC, PC, NC, AC, RT, POC and POD) are allowed. The applicant has requested a zoning designation of GC (General Commercial), which permits high_intensity commercial uses such as gasoline stations, convenience stores, and fast food restaurants as well as office and other retail uses. Land Use. Compatibility: As described in the Future Land Use Element of the Comprehensive Plan, the Transitional land use 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 land use designation is to be applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. The adjacent property to the south and west has a Transitional land use designation, zoned RM (Medium Density Residential), and contains a multiple family development (Spring Harbor). Compatibility with the adjacent residential P & Z Board Staff Report Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC to GC Page 6 development is a concern as the potential general commercial uses may negatively impact the existing residences. Although there is an existing 6' c.b.s. wall separating the subject property from the multiple family development, there are concerns with respect to hours of operation, noise and traffic. The other three corners of this intersection are developed with a shopping center at the northeast corner (Linton Square), an auto repair facility at the southeast corner and a bank at the northwest corner. The developments at the northeast and southeast corners of the property are situated between Congress Avenue and the Seaboard Coastline Railroad tracks on land which was previously designated as Industrial many years ago. These properties are separated from the multiple family developments to the west by Congress Avenue and abut office and vacant industrial land. The property at the northwest corner abuts residential development and is separated by a wall and landscaping which is similar to what exists at the south and west perimeter of the subject property. Office developments provide a better transition between more intense commercial uses and residential development. Office development may be more appropriate at these locations as offices typically have hours of operation which start at 8:00 a.m. and do not extend paSt 6:00 p.m. Commercial uses which would locate at a busy intersection such as this (i.e. gasoline station, convenience store), are typically open 24 hours. The noise, light and glare created by these uses is inappropriate when they abut a residential development. While peak hour traffic generation of the office may occur during the morning and evening hours, traffic to a commercial business will be continuous with peak hours coinciding with normal peak traffic hours. -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 via service lateral connection to an 8" water main along the west side of Congress Avenue. Adequate fire suppression is provided via an existing fire hydrant at the southeast corner of the site. Sewer service is available via installation of a private lift station and connection to a 10' sewer force main within Congress Avenue. Water and sewer service will be further addressed with a 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. P & Z Board Staff Report Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC to GC Page 7 Drainage: With FLUM and rezoning requests drainage plans are not required. With a full site plan submittal, drainage plans will be required which comply with South Florida Water Management District standards. No problems are anticipated. Traffic: Under the current Transitional FLUM designation, the maximum development potential would be 7,405 sq.ft, of retail generating 765 average daily trips [NC (Neighborhood Commercial) zoning]. With development under the current POC office designation a maximum of 8,886 sq.ft, of office generating 225 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. Traffic concurrency with respect to individual site development proposals must be addressed with review of a specific site development plan. Currently, all roadway links within a one-mile radius of the property are operating at level of service "D", except for Linton Boulevard, between Congress Avenue and Military Trail, and 1-95 and Waterford Place, which are operating at level of service "E". 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 by the proposed commercial use would 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 should not create an adverse impact on this level of service standard. 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 P & Z Board Staff Report Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC to GC Page 8 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. Section 3.3.2 (Standards for Rezoninq Actions): Standards A and B are not applicable. The applicable performance standard of Section 3.3.2 is 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 proposed GC zoning would allow strip commercial zoning on a vacant parcel of land. The subject property has a size that is typical of an out- parcel of a shopping center and has a depth of only 177 feet. As the property to the south and west is currently developed, there is no ability to aggregate additional land. (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 properties to the north and east are commercial in character and are zoned POD (Professional and Office District), PC (Planned Commercial) and POC (Planned Office Center). To the south, west and northwest is P & Z Board Staff Report Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC to GC Page 9 zoned RM (Medium Density Residential). Compatibility with the adjacent residential properties is a concern. As previously stated under the Future Land Use Map Analysis of this report, the GC (General Commercial zoning designation allows uses that are much more intense than those allowed in the POC zone district. As the potential uses are usually in operation for 24 hours, there are concerns with respect to noise, traffic and odors from the development. While there are regulations in place for nonresidential uses adjacent to the residential development to provide trees every 25 feet along with a wall or hedge to mitigate impacts, the intensity of use remains a concern. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.t.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: 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; and, c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more a.o.oro_oriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: "We are requesting a change in the zoning of this property from POC, Planned Office Center, to GC, General Commercial. This request for a change in the zoning is due to a change in circumstances which makes the requested GC zoning more appropriate for this parcel. As per Section 4.4.9(A) of the Delray Beach Land Development Code, "General Commercial District provides basic regulations for small parcels which are best suited for general retail.., but which are not of sufficient size to be designed in a planned sense .... The GC designation is to be applied primarily along arterial and collector streets., The subject parcel is a O. 68 acre parcel which is not of sufficient size to be designed in a planned sense. The site is adjacent to two major arterials, P & Z Board Staff Report Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC to GC Page 10 Congress Ave. and Linton Blvd. in addition, 1-95 is approximately 1/4 mile from the site. The location of the site in relation to these major thoroughfares lends itself to the GC zoning. The GC zoning, with a service station, would promote public convenience. With the concentrated residential areas to the west, a service station would provide a convenient location for the local residents as they enter and exit 1-95. Also, with the concentrated commercial and industrial areas along Congress Ave., the service station will also benefit the local residential areas by providing a convenient and accessible facility for the employees of the varying businesses, without passing through the residential areas, as currently required. Pursuant to Section 4.4.15(A)(1) and (2), "Planned Office Center District provides for the concentration of offices and support uses in a well planned and managed environment." "A POC is to be planned and developed on land under unified control and as a single development, or in a programmed series of development phases." This site does not lend itself the concentration of offices, nor is there unified controL The POC zoning is broken by varying zoning districts which include: Planned Commercial, Mixed Industrial- Commercial, Industrial, Planned Commerce Commercial, Residential (rental apartments) and Planned Office Center. This parcel is owned independently of parcels which are zoned POC. The General Commercial zoning designation requested for this parcel would not be adverse to the zonings of the surrounding area. The service station use is appropriate for this parcel due to its location, and the benefit to the surrounding properties, both residential and non-residential, which will be provided. In conclusion, as you review our request for rezoning, recall Section 4.4.9(A) of the Land Development Code: "General Commercial District provides basic regulations for small parcels which are best suited for general retail.., but which are not of sufficient size to be designed in a planned sense .... The GC designation is to be applied primarily along arterial and collector streets." Comment: The justification statement addresses Item "b" as the basis for which the rezoning should be granted, that there has been a change in circumstances which make the current zoning inappropriate. While the purpose and intent of the GC zone district does state that the GC zoning is appropriate along arterial and collector streets, compatibility of the GC zoning with the adjacent zoning and uses must also be taken into consideration as discussed previously in this report. It is questionable as to whether there has been a change in circumstances that makes the GC zoning appropriate. P & Z Board Staff Report Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC to GC Page 11 While the POC zone district is inappropriate on a parcel of this size due its development standards, other zoning designations that are consistent with the Transitional land use designation [such as POD (Professional Office District)] would be more appropriate for the property. The POD zone district was created "in order to provide very limited application of professional, off/ce, and similar intensity uses to small parcels on properties designated as Transitional on the Future Land Use Map and thus mitigate against adverse effects which may occur with higher intensity application of such usage". The POD permits the same uses that allowed in the POC zone district without the stringent development standards with respect to unified control and parcel sizes, which would make it appropriate for the site. With respect to the statement regarding vehicles passing through residential developments to access gasoline stations, the nearest gasoline stations are located along arterial roadways and are surrounded by commercial development. The businesses are accessed by the arterial and collector roadways and not through residential developments. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: As previously stated, the property does not meet the minimum development size of the current POC zoning district which is 4 acres with individual lot sizes of 1 acre. Also, the POC zone district has excessive building setback requirement for a parcel of this size. These requirements along with special landscape requirement along Linton Boulevard and Congress Avenue of 17 feet make the property undevelopable. In any event, the property should be considered for rezoning to a zone district with less restrictive development standards. If the rezoning to GC is approved, a conditional use application to construct a gasoline station is anticipated. There are specific development standards in the LDRs which pertain to gasoline stations outlined in LDR Section 4.3.3(J). I The development proposal is not within a geographical area requiring review by the CRA (Community Redevelopment Agency, DDA (Downtown Development Authority), or the HPB (Historic Preservation Board). Courtesy Notices; Courtesy Notices have been provided to the following homeowner's and civic associations: P & Z Board Staff Report Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC to GC Page 12 Crosswinds Crosswinds Single Family Section Pines of Delray East Crosswinds Master Association Pines of Delray West Eastwinds of Crosswinds Progressive Residents of Delray(PROD) Southwinds of Crosswinds Sabal Pine Condominium East, Inc. Delray Property Owners Sabal Pine East Association Pines of Delray Sabal Pine South Association Minto Builders Florida, Inc. (Spring Harbor) ,Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. With the Future Land Use Map Amendment from Transitional to General Commercial positive findings with respect to compatibility are unable to be made. Compatibility of the GC zoning and its potential uses with the adjacent residential development is a concern. It does not appear that a positive finding can be made with one of the three reasons listed in LDR Section 2.4.5(D)(5) for which a rezoning should be granted. If the rezoning to GC is not granted, the property should at a future date be rezoned from POC to POD, as the POC development standards are not appropriate for a parcel of this size. A./' Continue with direction. /. Recommend approval of the Future Land Use Map Amendment from Transitional to General Commercial, and the rezoning request from POC to GC 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). C. Recommend denial of the Future Land Use Map Amendment from Transitional to General Commercial, and the rezoning request from POC to GC based upon a failure to make 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). P & Z Board Staff Report Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC to GC Page 13 I Recommend to the City Commission denial of the Small-Scale Future Land Use Map Amendment from Transitional to General Commercial and the rezoning request from POC to GC based upon a failure to make positive findings with respect to policies of the Comprehensive Plan, and Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations. Attachment: El Location Map This Staff Report prepared by: Jeff Costello, Senior Planner ,,A PUBLiC.HEARING will be heid ~, F~, ~ ~ ~ ~ Ci~ ~y~ ~ ~ C~ H~, ~ fi.w. ~ A~ M, ~ray ~, F~, ~ h~ ~ ~ I:~ Lin. ~ S:~ p.m, ~,cE CE.,,., O,,,.,c, ,0 ~C ~ PRIED UNOER T~E SIMGLE ~RING A~I~ PR~ESS ~R ~LL ~LE ~D USE ~N ~EN~ENTS; AND .~NDING ~ONING ~POF DEL- ~Y ~CH, FLORfDA,~; PR~ ylDING A GENERALRE~ALER C~USE, A ~VING C~U~E, AND ~ EFFE~IVE DATE. AN ~D~NANCE OF THE CITY ~ Ml~l~ OF THE CITY OF DELRAY ~H, FLORIDA, REZONING AND ~CING ~ND PRESENTLY ~ED ~ (~DIUM DENSITY ~I~NTiAL) DISTRICT IN THE ~ (~UN?~ FACIL~IES) DI~ TRICT; ~ID ~ND BEING ED AT THE ~UTHEAST CORNER ~ S.W. ~TH STREET AND S.W. ~H A~NUE; i~EDIATELY WEST OF AND ADJACENT TO PINE GROVE .E~ENTARY ~H~L, ~ ~RE · ARTICU~RLY ~RIBED HEREIN; AND ~ENDING ~ONt~G ~P ~ DELRAY BEACH, FLORI- ~ 1~; PROVIDING A GENERAL RE~ALER C~U~E, A ~VING C~USE, AND AN EFFECTIVE ~TE. AN ORDINANCE ~ ~HE CITY MI~ON OF THE C)TY OF DELRAY BEACH, FLOR)DA, ~ENDiNG SEC- TI~ Z2~, ~HE SITE P~N VIEW AND AP~ARANCE BOAR~, ~CTION 2.~.& ~HE HISTORtC ~ESERVAT~ON ~R~ AND SEC- TI~ 4.~.1& ~ND~PE REGU~- TI~. SUB~CTION 4~.16(C), ~PLIANCE AND RELIEF', OF THE ~ND ~VELOPMENT REGU- ~TIONS ~ THE C?TY OF DELRAY BEACH, BY ~IGNING THE T~RITY TO GRANT WAtVERS TO ~N~APE REGU~TIONS TO THE SITE P~N REVIEW AND AP- ~NCE ~ARD AND THE HI~ TORJC PRE~RVATtON BOARD, AS APPROPRtATE; PROViDiNG A GENERAL REPEALER C~USE, A ~VING C~USE, AND AN EFFEC. TIVE ~TE. C~ ~ ~LRAY BEkC~ Ci~ CITY OF DELRAY BEACH FLORIDA NOTICE 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 0.68 acre parcel of land located at the southweSt corner of Linton Boulevard and Congress Avenue. 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, JANUARY 9. 1996. AT 7:00 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. 8t.95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM TRANSITIONAL TO GENERAL COMMERCIAL, AND REZONING FROM POC (PLANNED OFFICE CENTER) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT, FOR A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF LINTON BOULEVARD AND CONGRESS AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; 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 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 at the Planning and ZoningDepartment, 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 IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105 PUBLISH: January 2, 1996 CITY OF DELRAY BEACH The News Alison MacGregor Harty Boca Raton/Delray Beach City Clerk Ad #714098 CITY OF DELRAY BEACH. FLORIDA NOTICE 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 0.68 acre parcel of land located at the southwest corner of Linton Boulevard and Congress Avenue. 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 ~ JANUARY 9, 1996, AT 7:00 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. 81-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM TRANSITIONAL TO GENERAL COMMERCIAL, AND REZONING FROM POC (PLANNED OFFICE CENTER) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT, FOR A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF LINTON BOULEVARD AND CONGRESS AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; 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 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 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 IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: Delray Beach News CITY OF DELRAY BEACH January 2, 1996 Alison MacGregor Harty City Clerk Instructions to Newspaper: This ad is not to appear in the legal advertisement section of the newspaper. The ad must be at least two (2) columns wide by ten (10) inches long. The headline [CITY OF DELRAY BEACH, FLORIDA NOTICE OF LAND USE CHANGE] must be an 18 point bold headline. Thank you.