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27-94 ORDINANCE NO. 27-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED SOUTH OF LAKE IDA ROAD, ON THE WEST SIDE OF THE CSX RAILROAD RIGHT-OF-WAY; 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 shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned PCC (Planned Commerce Center) District; and WHEREAS, at its meeting of April 18, 1994, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed this item and voted unanimously 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. NOW, 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 CF (Community Facilities) District for the following described property: A portion of Lot 20, Block 1, of DELRAY SHORES, according to the Plat thereof recorded in Plat Book 24, Page 232, of the Public Records of Palm Beach County, Florida; said portion being more particularly described as follows: Commence at the northeast corner of said Lot 20, Block 1, said northeast corner being the intersection of the northwesterly right-of-way line of the CSX (formerly Seaboard Airline) Railroad, with the southwesterly right-of-way line of Lake Ida Road; thence run southwesterly along said right-of-way line of CSX Railroad, a distance of 361.01 feet to the point of beginning; thence continue in a southwesterly direction along said right-of-way of CSX Railroad, a distance of 500 feet, to a point in the north right-of-way line of Lake Worth Drainage District Lateral No. 32; thence run in a westerly direction along said north right-of-way line of Lake Worth Drainage District Lateral No. 32, a distance of 240.39 feet; thence in a northeasterly direction of parallel to said westerly right-of-way line of CSX Railroad, a distance of 569.65 feet; thence in a southeasterly direction at right angles to the preceding course, a distance of 230.18 feet more or less, to the point of beginning; said tract containing 2.826 acres, more or less. The subject property is located south of Lake Ida Road, on the west side of the CSX Railroad right-of-way. 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. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 17th day of May , 1994. ATTEST: ' City C]~rk - ; First Reading May $, 1994 Second Reading May 17, 1994 - 2 - Ord. No. 27-94 PRD ~ LAKE ~' RM-8 MIC CANAL L-.T2 N .W. MIC I ~ OS FLORIDA POWER &: LIGHT SUBSTATION MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~i~'~( SUBJECT: AGENDA ITEM # /d) C _ MEETING OF MAY 17, 1994 ORDINANCE NO. 27-94 REZONING & CONDITIONAL USE/FLORIDA POWER AND LIGHT FACILITY DATE: MAY 13, 1994 This is public hearing on an ordinance rezoning from PCC (Planned Commerce Center) to CF (Community Facilities) and Conditional Use for Florida Power and Light to establish a power transfer station on a 2.826 acre parcel located south of Lake Ida Road, on the west side of the CSX Railroad right-of-way. First reading on this ordinance was May 3, 1994, and passed by unanimous vote (5-0) of the Commission. Recommend approval of Ordinance No. 27-94 on second and final reading. CITY COMMISSION DOCUMENTATION TO: D~ID T. HARDEN, CITY MANAGER DEPARTMENT OF PLANNING A~D ~ON~NG FROM: PAUL DORLING, ~NCIPAL PLANNER SUBJECT: MEETING OF MAY 3, 1994 FIRST READING OF AN ORDINANCE REZONING A 2.826 ACRE PARCEL LOCATED SOUTH OF LAKE IDA ROAD EAST OF CONGRESS AVENUE FROM PCC ( PLANNED COMMERCE CENTER ) TO CF (COMMUNITY FACILITIES). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of a rezoning ordinance affecting approximately 2.826 acres on the south side of Lake Ida Road immediately west of the CSX Railroad. BACKGROUND: The rezoning request is from PCC (Planned Commerce Center) to CF (Community Facility). The site is located immediately adjacent to the CSX railroad, south of the City utility yard on the south side of Lake Ida Road. Access is provided via a 56' access easement which runs along the east border of the City Utility yard. The related Conditional Use request is to establish an FPL power transfer station on the site. The facility will contain electrical switching equipment in a screened fenced compound. No buildings are proposed. The Conditional Use will be scheduled for City Commission consideration concurrent with second reading of the rezoning ordinance. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a public hearing on April 18, 1994. No one from the public spoke regarding the request. The Board recommended approval of the Rezoning and Conditional Use request on a unanimous 7-0 vote. FPL Rezoning City Commission May 3, 1994 Page 2 RECOMMENDED ACTION: By motion, approve on first reading a rezoning from PCC (Planned Commerce Center) to CF (Community Facilities) based upon positive findings with respect to Section 3.1.1, Section 3.3.2 (Standards for Rezoning), 2.4.5 (D)(5) (Rezoning Findings) and policies of the Comprehensive Plan. Attachment: * Site map. y:fplccdoc ORDINANCE NO. 27-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED SOUTH OF LAKE IDA ROAD, ON THE WEST SIDE OF THE CSX RAILROAD RIGHT-OF-WAY; 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 shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned PCC (Planned Commerce Center) District; and WHEREAS, at its meeting of April 18, 1994, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed this item and voted unanimously 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. NOW, 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 CF (Community Facilities) District for the following described property: A portion of Lot 20, Block 1, of DELRAY SHORES, according to the Plat thereof recorded in Plat Book 24, Page 232, of the Public Records of Palm Beach County, Florida; said portion being more particularly described as follows: Commence at the northeast corner of said Lot 20, Block 1, said northeast corner being the intersection of the northwesterly right-of-way line of the CSX (formerly Seaboard Airline) Railroad, with the southwesterly right-of-way line of Lake Ida Road; thence run southwesterly along said right-of-way line of CSX Railroad, a distance of 361.01 feet to the point of beginning; thence continue in a southwesterly direction along said right-of-way of CSX Railroad, a distance of 500 feet, to a point in the north right-of-way line of Lake Worth Drainage District Lateral No. 32; thence run in a westerly direction along said north right-of-way line of Lake Worth Drainage District Lateral No. 32, a distance of 240.39 feet; thence in a northeasterly direction of parallel to said westerly right-of-way line of CSX Railroad, a distance of 569.65 feet; thence in a southeasterly direction at right angles to the preceding course, a distance of 230.18 feet more or less, to the point of beginning; said tract containing 2.826 acres, more or less. The subject property is located south of Lake Ida Road, on the west side of the CSX Railroad right-of-way. 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. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1994. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 27-94 PRD ~ / POC LAKE ~ RM-8 MIC CANAL L- 32 N.W. 31~O MIC ,, 05 FLORIDA POWER &: LIGHT SUBSTATION PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT--- MEETING DATE: April 18, 1994 AGENDA ITEM: V.A. ITEM: Change of Zoning from PCC to CF & a Conditional Use Approval for an FPL Transformer Facility, on a 2.8 Acre Parcel GENERAL DATA: Owner .................... Florida Power and Light, Inc. Applicant ................ Joseph Lammert Location ................. South of Lake Ida Road, on the west side of the CSX Railroad right-of-way. Property Size ............ 2.826 Acres City Land Use Plan ....... Commerce City Zoning .............. PCC (Planned Commerce Center) Proposed Zoning .......... CF (Community Facilities) Adjacent Zoning...North: PCC East: MIC (Mixed Industrial and Commercial) South: MIC West: PCC Existing Land Use ........ Vacant Proposed Land Use ........ Rezoning to CF and Conditional Use approval accommodate an F.P.L. sub-station. Water Service ............ N/A Sewer Service ............ N/A V.A. ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation on a Rezoning from PCC (Planned Commence Center) to CF (Community Facility) and an associated Conditional Use request to establish a "power transfer station", pursuant to Section 2.4.5 (D) & (E) of the Land Development Regulations. The property is located on the south side of Lake Ida Road immediately west of the CSX Railroad. A sketch plan is accompanying the Conditional Use request and is attached as Exhibit "A". A full site plan will be required if the rezoning and conditional use requests are approved. BACKGROUND: The property was owned by the City of Delray Beach until 1974. In 1974 the City sold the property to FPL along with an access easement parallel to the CSX railroad across city owned property. In August, 1991 the parcel was included as part of a development proposal involving property bordered by Congress to the ~west, the CSX railroad to the east, Lake Ida Road to the north and the LWDD district on the south. The development proposal involved creation of a recreation complex under an SAD zoning designation. The proposal included a land swap which would have reconfigured the FPL holdings, tying them into a recreation complex which was to include tennis facilities, an outside race track, miniature gulf, batting cages etc. The development proposal was discussed before the City Commission in October of 1991 at which time an unfavorable reaction was given. No further action was taken on the proposal and no other land use activity has occurred on the site. PROJECT DESCRIPTION= The site is 123,100 sq. ft. or 2.826 acres tn size, and is currently vacant. The site is located immediately adjacent to the CSX railroad, south of the City utility yard on the south side of Lake Ida Road. Access is provided via a 56' wide access easement which runs along the east border of the City utility yard. Wooden fences and storage materials exist within the 56' access easement area and will need to be removed or relocated with this development proposal. The rezoning request is from PCC (Planned Commerce Center) to CF (Community Facility). The ConditiOnal Use request before the Board is to establish an FPL power transfer station on the site. The facility will contain electrical switching equipment in a screened fenced compound. No buildings are proposed. P&Z Staff Report FPL Rezoning and Conditional Use Page 2 ZONING ANALYSIS: The subject parcel is currently zoned PCC (Planned Commerce Center) and the requested change is to CF (Community Facility). The surrounding zoning is PCC to the west and north, MIC (Mixed Industrial and Commercial) to the south, and the CSX railroad and MIC to the east. 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 m~nutes. F~ndings sh&ll be made by the body which has the authority to approve or deny the development application. These f~nd~ngs relate to the following four areas. Future Land Use Maps The use or structures must be allowed ~n the zoning district and the zoning distract must be consistent with the land use designation. The Future Land Use Map designation for the property Is "Commerce". The allowable zoning designations which are deemed consistent with the Commerce Land Use designation are.' - PCC Planned Commerce Center - MIC Mixed Industrial and Commercial (current zoning) - CF Community Facilities The requested zoning change is from PCC (Planned Comm~erce Center) to CF (Community Facilities). Pursuant to the purpose statement for CF zoning [Section 4.4.21(A)], the CF district is deemed compatible with all land use designations shown on the Future Land Use Map. The purpose statement says further that CF zoning is a special purpose zone district pr~marily intended for facilities which serve public and semi-public purposes. Pursuant to Section 4.4.21(C)(12), within the CF zoning district "Utility Facilities" are allowed as a Conditional Use. The Conditional Use action for this item is occurring concurrently. 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 stated purpose of rezoning the parcel is to accommodate a power transfer station. As the development proposal is for an unmanned facility the use will not have an impact on services with respect to water, sewer, solid waste, parks and open space. Concurrency with respect to drainage is better addressed during the site development process. P&Z Staff Report FPL Rezoning and Conditional Use Page 3 Pursuant to Section 2.4.5 (D) with all rezoning requests, traffic information is required which addresses the development of the property under reasonable intensity pursuant to the existing zoning and the proposed zoning. The rezoning and establishment of the utility facility will result in a net reduction of trips over the current PCC zoning designation. The "power transfer station" will generate four vehicle trips per week on Lake Ida Road associated with maintenance visits conducted twice weekly. While Lake Ida Road is currently over capacity, traffic concurrency is met as this portion of the Lake Ida Road is eligible up to an additional 685 trips per the 5% rule. This additional 5% capacity was allocated to the roadway as it was over capacity at the time of adoption of the County Traffic Performance Ordinance. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Reson~ng Actions) along with the required f~ndings 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 object,vas and policies found in the adopted Comprehensive Plan may be used in making of a f~nding of overall consistency. Comprehensive Plan pol~ciesl A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable ob~ective and policies are noted: Land Use Element Ob~ective A-l: 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 proposed power transfer station fulfills remaining land use needs and is not detrimental to adjacent industrial or potential'office uses. Land Use Element Policy A-1.41 "Commerce" ~and Use which involves a mix of light industrial, commercial uses, and research and development are the most needed land uses during the city's final stage of build-out. Thus, changes to the Land Use Map which diminish this land use are discouraged. While changes to the Land Use Map are not proposed the development proposal represents development of Commerce land with a non commerce use. However, the provision of the public facilities are needed to support future development and further those goals as outlined in the following Objective B-1 below. P&Z Staff Report FPL Rezoning and Conditional Use Page 4 Land Use Element Objective B-l= New development shall not occur upon land which is needed for public facilities which are necessary to support development within the community. The proposed development is a public facility referred to in this objective. Section 3.3.2 (Standards for Rezonlng Actions)= The applicable performance standards of Section 3.3.2 and other policies which apply are as follows~ A) That a rezoning to other than CF within stable residential areas shall be denied. (Housing Element A-2.4) The subject parcel is not located within a neighborhood classified as "stable" within the housing element of the Comprehensive Plan. Additionally, the request is for a rezoning to CF. B) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed~ or that If an Incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The CF zoning is being sought to accommodate a utility power transfer station which is allowed as a Conditional Use. Site specific compatibility of the utility facility with the adjacent uses will be enhanced through the installation of trees 30' on center and hedge material around the perimeter of the site. LDR COMPLIANCE: Section 2.4.5(D)(5) (Rezoninq Findinqs)= Pursuant to Section 2.4.5(D)(1) (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 rezonlng 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 tn circumstances which make the current zoning lnappropriate~ P&Z Staff Report FPL Rezoning and Conditional Use Page 5 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 submitted the following Justification statement citing reasons (c) above~ "Future Land Use is designated commerce. Community Facility is compatible with this designation, therefore , an electrical substation (power transfer station) is appropriate for this particular site and/or neighborhood". The CF zoning designation is of similar intensity as PCC and is allowed under the Commerce Land Use designation. This site is more appropriate for this facility given the location of the high power transmission lines and the service needs of the surrounding community. CONDITIONAL USE ANALYSIS: The conditional use request is to establish a "power transfer station" within the CF district. The surrounding land uses are vacant to the west and east, City utility yard to the north, and an industrial warehouse to the south. 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, Future Land Use Map, Concurrency, Compatibility, and Compliance with Land Development Regulations. Findings relating to Future Land Use Map and Concurrency are discussed under the zoning analysis section of the report. Consistency= Compliance with the performance standards set forth in Section 2.4.$(E)($) (Conditional Use 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. A review of objectives and policies of the adopted Comprehensive Plan was conducted and discussed under the zoning analysis section of the staff report. P&Z Staff Report FPL Rezoning and Conditional Use Page 6 Section 2.4.5(E}(5) (Standards for Conditional Use Actions}: Pursuant to Section 2.4.5(E)(5) (F~ndings) in addition to provisions of Section 3.1.1, the City Commission must make findings that establishing the Conditional Use will nots A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; and B. Nor that it will hinder development or redevelopment of nearby properties. This site is bordered by the CSX railroad and I-9§ to the east, an industrial use to the south, vacant PCC zoned property to the west, and a City utility storage yard to the north. The establishment of the power transfer station will not have a significantly detrimental effect upon the stability of the neighborhood nor will it hinder development of nearby properties. The provision of this facility will provide a needed utility service for future development in the area. Compliance with Land Development Requlations: If the rezoning and conditional use request is approved a full site plan submittal and approval by the Site Plan and Appearance Board will be required. At that stage the following ltem~ must be addressed; Entry Drives The entry drive is proposed across a large swale on the south side of Lake Ida Road. Engineering plans must be subm/tted and these plans should be coordinated with Palm Beach County Lake Ida widening plans for 94/95. Sidewalks~ Pursuant to Section 6.1.3(A) sidewalks are required along Lake Ida Road for a portion of the 56' access easement area. However, as sidewalks are proposed with the widening of Lake Ida Road in 94/95 these sidewalk segments need not be provided by this development. REVIEW BY OTHERS: This proposal is not located in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA ( Downtown Development Authority) or the CRA ( Community Redevelopment Agency). P&Z Staff Report FPL Rezoning and Conditional Use Page 7 If the Rezoning and Conditional Use requests are approved, a site plan must be submitted for review by the Site Plan Review and Appearance Board. The site is to be generally consistent with the sketch plan and any conditions of Conditional Use approval. Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. A courtesy notice has been sent to Helen Coopersmith (PROD), Art Jackel (United Property Owners) and Jean Miner (Delray Beach Counsel of Communities). ASSESSMENT AND CONCLUSIONS: This development proposal is appropriate given the location of the transm~ssion lines and the service needs of the community. Locating the power transfer station at this site minim~zes exposure to Lake Ida Road and Congress Avenue and utilizes a site which is abutted by less desirable uses 1-95, CSX railroad and industrial uses. ALTERNATIVE COURSES OF ACTIONS: A. Continue with direction. B. Recommend approval of the Conditional Use and Rezoning with cond~tions. C. Recommend denial of the Rezoning and Conditional Use requests based upon a failure to make positive findings. STAFF RECOMMENDATION= Recommend approval of: * the Rezoning request from PCC to CF based upon positive findings with respect to Section 3.1.1, Section 3.3.2 (Standards for Rezoning) and Section 2.4.5 (D)(5) (Rezoning Findings) and policies of the Comprehensive Plan; and P&Z Staff Report FPL Rezonlng and Conditional Use Page 8 * the Conditional Use request based upon positive findings with respect to Section 3.1.1 and Section 2.4.5(E)(5) (Conditional Use Finding) and policies of the Comprehensive Plan subject to the following conditions; 1. Submittal of a site plan, landscape plan and Engineering plans tn general conformity with the accompanying sketch plan. Report Prepared by Paul Dorllng, Senior Planner a:fplrep CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER D NT OF PLANNING' FROM: PAUL DOR NCIPAL PLANNER SUBJECT: MEETING OF MAY 17, 1994 APPROVAL OF A CONDITIONAL USE REQUEST TO ESTABLISH A POWER TRANSFER STATION AT LAKE IDA ROAD AND CONGRESS AVENUE. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a conditional use request to establish an FPL power transfer station on 2.86 acres. The project is located on the south side of Lake Ida Road east of Congress Avenue immediately west of the CSX railroad. BACKGROUND: The Conditional Use request involves the construction of a power transfer station. The site is 123,100 sq.ft, or 2.826 acres in size, and currently vacant. The site is located immediately adjacent to the CSX railroad, south of the City Utility yard on the south side of Lake Ida Road. Access is provided via a 56' wide access easement which runs south from Lake Ida Road along the east border of the City Utility yard. Wooden fences and storage material exist within the 56' access easement area and will need to be removed or relocated with this development proposal. The power transfer station will contain electrical switching equipment (maximum height of approximately 20') in a screened and fenced compound. No buildings are proposed. A rezoning from PCC (Planned Commerce Center) to CF (Community Facilities) was considered at first reading by the City Commission on May 3, 1994 and is being considered for second reading concurrent with the conditional use request. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a public hearing on April 18, 1994. No one from the public spoke. The Planning and Zoning Board recommended approval of the Conditional Use request on a unanimous (7-0) vote. RECOMMENDED ACTION: By motion, approve of the the conditional use request based upon positive findings with respect to Section 3.1.1 and Section 2.4.5 (E)(5) (Conditional Use Findings) and policies of the Comprehensive Plan subject to the following condition; * Submittal of a site plan, landscape plan and engineering plans in general conformity with the accompanying sketch plan. Attachment: * Location Map y:/fmtdocs/cc-cond.doc PRD ~ / LAKE RM- 8 MIC CANAL L- 32 ,~$E~. N.W. 3ED MIC I ~ OS FLORIDA POWER &: LIGHT SUBSTATION MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGE R~y1 SUBJECT: AGENDA ITEM # /~ - MEETING OF MAY 3, 1994 FIRST READING/ORDINANCE NO. 27-94 DATE: APRIL 28, 1994 This is first reading for Ordinance No. 27-94 which rezones a 2.826 acre parcel of land from PCC (Planned Commerce Center) District to CF (Community Facilities) District. The subject property is located south of the City's utility yard on the south side of Lake Ida Road, on the west side of the CSX Railroad right-of-way. The property is owned by Florida Power & Light and is proposed to be used for a power transfer station, subject to conditional use approval. The related conditional use application will be scheduled for City Commission consideration concurrent with second reading of this rezoning ordinance. The Planning and Zoning Board formally reviewed this item at public hearing on April 18, 1994, and by unanimous vote recommended to the City Commission that the rezoning be approved. Recommend approval of Ordinance No. 27-94 on first reading. If passed, public hearing will be held May 17, 1994. ref:agmemol6