97-94 ORDINANCE NO. 97-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) DISTRICT
IN THE POD (PROFESSIONAL AND OFFICE) DISTRICT; SAID
LAND BEING GENERALLY LOCATED AT THE NORTHWEST CORNER
OF SEACREST BOULEVARD AND N.E. 22ND STREET; 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 NC (Neighborhood Commercial) District; and
WHEREAS, at its meeting of November 21, 1994, the Planning
and Zoning Board for the City of Delray .Beach, as Local Planning
Agency, reviewed this item and voted 6 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ 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 POD (Professional and
Office) District for the following described property:
The East 340.00 feet of the Northwest One-Quarter (NW
1/4) of the Southwest One-Quarter (SW 1/4) of the
Southwest One-Quarter (SW 1/4) of Section 4, Township
46 South, Range 43 East, Palm Beach County, Florida.
LESS THE FOLLOWING:
1. The South 15.00 feet of the above described
parcel (right-of-way for N.E. 22nd Street);
2. The East 40.00 feet of the above described
parcel (right-of-way for Seacrest Boulevard);
3. The West 130.00 feet of the East 170.00 feet of
the North 150.00 feet of the South 290.00 feet
of the above described parcel;
4. The West 92.00 feet of the East 132.00 feet of
the North 125.00 feet of the South 140.00 feet
of the above described parcel~
5. The North 290.38 feet of the above described
parcel.
The subject property is generally located at the
northwest corner of Seacrest Boulevard and N.E. 22nd
Street~ containing 1.92 acres, more or less.
~ 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 ! hereof.
~ection 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 he
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 Dart thereof other than the part declared to be invalid.
~ That 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 February , 1994.
ATTEST: ~
City'C~rk
First Reading December 6~ 1994
Second Reading February 21~ 1995
- 2 - Ord. No. 97-94
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'"'-' '~'""" REZONING
I II I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~O. O.- MEETING OF FEBRUARY 21. 1995
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 97-94
DATE: FEBRUARY 17, 1995
This is second reading and public hearing for Ordinance No. 97-94
which rezones a 1.92 acre parcel of land from NC (Neighborhood
Commercial) District to POD (Professional and Office) District.
The property is generally located at the northwest corner of
Seacrest Boulevard and N.E. 22nd Street. It does not include the
pizza shop, convenience store and vacant gasoline station which are
under separate ownership.
The rezoning request involves the south 1.92 acres of an overall
3.92 acre parcel. The north two acres of the property contains an
abandoned office complex which was last occupied in 1986, while the
south 1.92 acres is vacant land. The purpose of the rezoning is to
reduce the size of the NC parcel from 3.92 to 2 acres to comply
with maximum lot size requirements of the NC zone district. Please
refer to the staff report for a detailed analysis.
The Planning and Zoning Board formally reviewed this item at public
hearing on November 21, 1994, and voted 6 to 0 to recommend that
the rezoning be approved. At first reading on December 6, 1994,
the Commission passed the ordinance by unanimous vote. Second
reading was deferred pending demolition of the vacant structure
bisected by the proposed north zoning boundary line. This
structure has been demolished. Hence, the required public hearing
has now been scheduled.
Recommend approval of Ordinance No. 97-94 on second and final
reading.
ref:agmemol8
CITY OF DELRAY BEACH. FLORIDA NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on the following proposed ordinance
at 7:00 P.M. on TUESDAY, FEBRUARY 21, 1995 (or at any continuation
of such meeting which is set by the Commission), in the City
Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida,
at which time the City Commission will consider its adoption. The
proposed ordinance may be inspected at the Office of the City Clerk
at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between
the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except
holidays. All interested parties are invited to attend and be
heard with respect to the proposed ordinance.
ORDINANCE NO. 97-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED NC (NEIGHBORHOOD
COMMERCIAL) DISTRICT IN THE POD (PROFESSIONAL AND OFFICE) DISTRICT;
SAID LAND BEING GENERALLY LOCATED AT THE NORTHWEST CORNER OF
SEACREST BOULEVARD AND N.E. 22ND STREET; AND AMENDING "ZONING MAP
OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered
at this hearing, such person will need a record of these
proceedings, and for this purpose such person may need to ensure
that a verbatim record includes the testimony and evidence upon
which the appeal is to be based. The City does not provide nor
prepare such record. Pursuant to F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
February 11, 1995 Alison MacGregor Harty
City Clerk
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~ - MEETING OF DECEMBER 6, 1994
FIRST READING FOR ORDINANCE NO, 97-94
DATE: DECEMBER 2, 1994
This is first reading for Ordinance No. 97-94 which rezones a 1.92
acre parcel of land from NC (Neighborhood Commercial) District to
POD (Professional and Office) District. The property is generally
located at the northwest corner of Seacrest Boulevard and N.E. 22nd
Street. It does not include the pizza shop, convenience store and
vacant gasoline station which are under separate ownership.
The rezoning request involves the south 1.92 acres of an overall
3.92 acre parcel. The north two acres of the property contains an
abandoned office complex which was last occupied in 1986, while the
south 1.92 acres is vacant land. The purpose of the rezoning is to
reduce the size of the NC parcel from 3.92 to 2 acres to comply
with maximum lot size requirements of the NC zone district. Please
refer to the staff report for a detailed analysis.
The Planning and Zoning Board formally reviewed this item at public
hearing on November 21, 1994, and voted 6 to 0 to recommend that
the rezoning be approved
Recommend approval of Ordinance No. 97-94 on first reading. If
passed, a public hearing will be scheduled pending demolition of a
vacant structure biseoted by the proposed north district zoning
boundary line.
ref:agmemol8
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: TOR
FROM: A. COSTELLO
~NIDR PLANNER
SUBJECT: MEETING OF DECEMBER 6, 1994
FIRST READING OF ORDINANCE NO. ~7 -94 - REZONING
PROPERTY FROM NC (NEIGHBORHOOD COMMERCIAL) TO POD
(PROFESSIONAL AND OFFICE DISTRICT) FOR PROPERTY
GENERALLY LOCATED AT THE NORTHWEST CORNER OF SEACREST
BOULEVARD AND N.E. 22ND STREET (ACROSS FROM ATLANTIC
HIGH SCHOOL).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance rezoning a 1.92
acre parcel from NC (Neighborhood Commercial) to POD
(Professional and Office District). The purpose of the
rezoning is to reduce the size of the NC parcel from 3.92
to 2 acres to comply with maximum lot size requirements of
the NC zone district.
The subject property is generally located at the northwest
corner of Seacrest Boulevard and N.E. 22nd Street,
excluding the pizza shop, convenience store, and vacant
gasoline station, which are under separate ownership.
BACKGROUND:
At its meeting of January 24, 1994, the Planning and Zoning
Board held a public hearing in conjunction with a City initiated
rezoning of the subject property from NC to RM (Medium Density
Residential). One of the reasons for the City initiated action
was that the 3.92 acre parcel exceeds the recently adopted
2-acre maximum site size for NC parcels. Other reasons dealt
with the appropriateness of a commercial development adjacent to
the residential neighborhood.
At the public hearing for the rezoning to RM, substantial
opposition was expressed by residents of the adjacent
neighborhood. The residents expressed support for development
of the site for low-intensity non-residential uses, as opposed
to multi-family. At that time the Board inquired as to the
possibility of splitting the property into two parcels, or
applying different zoning designations. The Board then withdrew
the RM rezoning request.
City Commission Documentation
Meeting of December 6, 1994
First Reading of Ordinance No. -94 - Rezoning from NC to POD
for the South 1.92 Acres of the Shops of Seacrest/Food Lion Site
Page 2
The owner of the property, Nations Bank, has now petitioned to
rezone the south 1.92 acres (currently vacant) from NC
(Neighborhood Commercial) to POD (Professional and Office
District). An analysis of the request is found in the attached
Planning and Zoning Board Staff Report.
Zoninq District Boundary Line
As presented, the proposed north zoning boundary line will
bisect a vacant structure. The reason for the placement of the
boundary line at that location is that the bank wants to keep
the NC zoning at the maximum 2-acre size. The structure is
scheduled for demolition, however, the bank wants to be
reasonably certain that the POD zoning will be approved prior to
demolishing the building. The applicant has stated that the
structure will be demolished pending the disposition of the City
Commission on first reading of the rezoning to POD. In order to
avoid a situation in which a zoning boundary line divides a
building, second reading of this ordinance will not be scheduled
until such time that the structure has been demolished.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of November 21, 1994, the Planning and Zoning
Board held a public hearing in conjunction with review of the
request. The owner of the adjacent residential property (west)
spoke in support of the POD zoning. There was no public
testimony in opposition to the rezoning. The Board voted 6-0
(Ms. Young absent) to recommend that the request be approved.
RECOMMENDED ACTION:
By motion, approve Ordinance No.~7-94 on First Reading.
Attachment:
* Location/Zoning Map
* P&Z Board Staff Report & Documentation of November 21, 1994
* Copy of Ordinance No. -94
Y:CCSEATAN.DOC
'PLANNING AND ZONING BOARD
CITY OF DELRA¥ BEACH --- STAFF REPORT---
MEETING DATE: November 21, 1994
AGENDAITEM: V.B.
ITEM: Rezoning from NC (Neishborhood Commercial) to POD (Professional Office District)
(^ Portion of the Former Shops of Seacrest Site).
GENERAL DATA:
Owners ................... Nationsbank of Florida, N. A.
c/o Mark Lynd
Amresco Institutional, Inc.
Applicant ................ Mike Corelli
Caulfleld & Wheeler, Inc.
Location ................. Northwest corner of Seacrest
Boulevard and N.E. 22nd
Street.
Property Size ............ 1,92 Acres
City Land Use Plan ....... Transitional
Existing City Zoning ..... NC (Neighborhood Commercial)
Proposed City Zoning ..... POD (Professional and Office
District)
Adjacent Zoning...North: NC
East: NC and CF (Community
Facilities)
· . South: R-I-AA (Single Family
"' Residential)
West: R-l-Ak
Existing Land Use ........ Vacant land.
Proposed Land Use ........ Potential for office
development.
Water Service ............ Existing 8" water mains
along N.E. 22nd Street and
Seacrest Boulevard.
Sewer Service ............ Existing 8" sanitary sewer
mains along N.E. 22nd Street
and in Seacrest Boulevard.
ITEM BEFORE THE BOARD =
The action before the Board is that of making a
recommendation on a rezoning request from NC
(Neighborhood Commercial) to POD (Professional and
Office District), pursuant to Section 2.4.5(D).
The subject property is generally located at the
northwest corner of Seacrest Boulevard and N.W. 22nd
Street, excluding the pizza shop, convenience store,
and vacant gasoline station.
BACKGROUND ~
The rezoning request involves the south 1.92 acres of an overall
3.92 acre parcel. The north 2 acres of the property contains an
abandoned office complex (Unemployment Compensation office)
which was last occupied in 1986, and the south 1.92 acres is
vacant land. The subject property has an extensive land use
history. The following are the most recent land use actions to
occur as they relate to the property.
With the Citywide rezoning and adoption of the City's Land
Development Regulations in October, 1990, the Planning and
Zoning Board recommended that the property be rezoned from LC
(Limited Commercial) to RM (Medium Density Residential).
However, during City Commission consideration, the property
owners requested and received an NC zoning designation in order
to accommodate a proposed Food Lion grocery store. Concurrent
with the rezoning action, the City Commission amended the NC
zone district to allow a maximum single user floor area of
35,000 sq.ft. A site plan for the grocery store was submitted
but not approved and the project was never built.
On October 18, 1993, the Planning and Zoning Board reviewed and
recommended approval of changes to the NC zone district
regulations. These changes included a reduction of intensity by
reducing the maximum lot size from 4 acres to 2 acres, and
reducing the maximum area allocated to each type of principal
use from 35,000 sq.ft, to 10,000 sq.ft. The City Commission
approve~these changes on December 7, 1993.
At its ~lng of January 24, 1994, the Planning and Zoning
Board held a public hearing in conjunction with a City initiated
rezoning of the property from NC to RM (Medium Density
Residential). One of the reasons for the City initiated action
was that the 3.92 acre parcel now exceeds the 2 acre limit for
NC. Other reasons dealt with the appropriateness of a
commercial development adjacent to the residential neighborhood.
At the public hearing for the rezoning to RM, substantial
opposition was expressed by residents of the adjacent
neighborhood. There were cOncerns raised with respect to the RM
zoning as well as the the parking situation at the corner of
Seacrest Boulevard and N.W. 22nd Street. The residents
p & Z Board Staff Report
Rezoning from NC to POD for Seacrest/Tangerine (aka Food Lion)
Page 2
supported development of the site for low-intensity
non-residential uses, as opposed to multi-family. At that time
the Board inquired as to the possibility of splitting the
property into two parcels, or applying dl f ferent zoning
designations. The Board then withdrew the rezoning request due
to the concerns of surrounding property owners.
On October 7, 1994, an application was submitted to rezone the
south 1.92 acres of the overall 3.92 acre parcel from NC to POD
and is now before the Board for action.
PROJECT DESCRIPTION:
The rezoning request involves the south 1.92 acres of an overall
3.92 acre parcel. The proposal is to rezone the 1.92 acres
(currently vacant) from NC (Neighborhood Commercial) to POD
(Professional and Office District). The rezoning does not
include the existing pizza shop, convenience store, or vacant
gasoline station at the northwest corner of Seacrest Boulevard
and N.W. 22nd Street, which are under separate ownership.
Z 0 N I.NG ANAL Y S I S ~
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the
application, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or
deny the development application. These findings relate to
the Future Land Use Map, Concurrency, Comprehensive Plan
Consistency and Compliance with the Land Development
Regulations.
IFuture Land Use Xap~I The use or structures must be allowed
I
in
i
the zoning district and the zoning
district s mst be consistent with the land use designation.
The sub~c~ property has a Transitional Land Use Map designation
and is currently zoned NC (Neighborhood Commercial). The
proposed zoning of POD (Professional and Office District) is
consistent with the Transitional land use map designation. The
POD (Professional and Office District) zone district was created
in order to provide a very limited application of professional,
office, and similar intensity uses to small parcels on
properties designated as Transitional. Based upon the above, a
positive finding can be made with respect to consistency with
the land use map designation.
P & Z Board Staff Report
Rezoning from NC to POD for Seacrest/Tangerine (aka Food Lion)
Page 3.,
IConcurrency: 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.
As the rezoning request is a change from existing commercial
(NC) to a zoning which is of similar intensity (POD), level of
service standards as they relate to Water, Sewer, and Drainage
should not be significantly affected. As the property will
remain non-residential, there will be no impact on park
facilities. However, the following information is provided as
it relates to Streets and Traffic, and Solid Waste.
Streets and Traffic:
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 and proposed zoning.
Based upon the submitted traffic information, the maximtua
development potential for the 1.92 acre property under the
existing NC zone district (retail use) would result in the
generation of 2,657 trips per day, whereas under the proposed
POD zone district (office use) 493 trips per day will be
generated. This represents a potential reduction of 2,164 trips
per day. Based upon the above, a positive finding can be made
with respect to this level of service standard.
Solid Waste:
Trash generated under the proposed POD zone district (office use
at 5.4 pounds per sq.ft, per year) will be less than that
generated under the NC zone district (retail use at 10.2 pounds
per sq.ft.). Thus, there will be a positive impact on this
level of service standard.
Iconsis cy,I Compliance with the standards
perfomaance
set
forth In Section 3.3.2 (Standards for Rezoning
Actions) along with required findings in Section 2.4.$(D)($)
(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 applicable policies
are noted.
p & Z Board Staff Report
Rezoning from NC to POD for Seacrest/Tangerine (aka Food Lion)
Page 4
Land Use Element Objective 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.
Development of the overall 3.92 acres under the current NC
zone district regulations would exceed the appropriate
intensity for the NC zone district. Commercial development
exceeding the prescribed intensities of the NC zone
district would not be complimentary with the adjacent
residential properties. The proposed POD zone district is
less intense than the Neighborhood Commercial and provides
for a more complimentary land use to the adjacent
residences.
Section 3.3.2 (Standards for Rezoninq Actions)~ The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows~
(C) Additional strip commercial zoning on vacant properties
shall be avoided. This policy shall not preclude rezonings
on land that at the time of rezoning has improvements on
it. Where existing strip commercial areas or zoning exists
along an arterial street, considerat~on should be given to
increasing the depth of the commercial zoning in order to
provide for better project design.
Typically, neighborhood commercial properties are strip
commercial in nature, which is evident by the existing
commercial development along Seacrest Boulevard adjacent to
the subject property. Concerns with strip commercial
development relate to a high intensity use with inadequate
.. depth and parking facilities. The reduction of 1.92 acres
of NC in a manner that does not reduce the depth of the
remaining NC property, will further the above stated
policy.
(D) That the rezonLng shall result in allowing land uses which
are'd~ed compatible with adjacent and nearby land uses
bo~ll exLs~lng and proposed; or that if an incompatibility
maF'occur, that sufficient regulations exist to properly
m~lga~e adverse impacts from the new use.
Properties south and west of the subject property are zoned
R-l-AA (Single Family Residential); and, north and east are
zoned NC. The land uses adjacent to the property include
the following: south and west are 6 single family
.. residences; north is the vacant office complex; and, east
are Domino's Pizza, Kwik Stop convenience store, a vacant
gasoline station, Seacrest Discount Beverage and Grand
Rental Station.
p & Z Board Staff Report
Rezoning from NC to POD for Seacrest/Tangerine (aka Food Lion)
Page 5
Site compatibility has been expressed as a concern with
previous commercial proposals - Shoppes of Seacrest and
Food Lion - and the proposed rezoning to RM (January 1994).
Rezoning to POD will be more compatible with the adjacent
residential land uses than the existing NC zoning, and
should not have any adverse impacts on the residences.
Section 2.4.5(D)(5) (Rezoning Findinqs)~
Pursuant to Section 2.4.$(D)(5) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make a
finding that the rezonlng 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 srror~
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 zoning circumstances have changed. The existing NC
zoning is a total of 3.92 acres on the site. The code only
permits 2.0 acres to be held in the NC zoning. Therefore,
the 1.92 acre parcel is being rezoned to POD which is
compatible with the intensity and uses within this area.
This rezoning is being sought for the purpose of bringing
this parcel into conformity with zoning requirements."
Comment= The Justification statement addresses Items B and C as
the bas~ for which the rezoning should be granted. There has
been a ~J~enge in circumstances in that the amendment to the NC
zone dl~tr~ regulations in 1993, reduced the intensity of the
district which- makes the approximately 4 acre NC property
inappropriate. With this rezoning to POD, the existing
nonconformity will be eliminated as the NC property will contain
the maximum 2 acres. FuL~cher, the maximum develo~xaent intensity
for the properties will be reduced, thus, the properties will be
more compatible with the adjacent residences. Based upon the
above, it ~s appropriate to rezone the property to POD.
p & Z Board Staff Report
Rezoning from NC to POD for Seacrest/Tangerine (aka Food Lion)
Page 6
O T H E R I T E M S =
Zoning District Boundary Line
Until such time that a subdivision plat is recorded which
clearly delineates the POD and NC parcels, the existing 3.92
acre parcel will have 2 different zoning districts. Pursuant to
Section 4.1.3(H), where a zoning district boundary line divides
a lot, the regulations of the greater portion shall prevail for
the entire lot unless it is clear in the application of the
zoning that more than one district shall apply to the property.
The POD is being appl ied in a manner that speci f ical ly
delineates the two separate districts, therefore the NC zone
district will not prevail on the entire property.
Platting
The subject property currently has a metes and bounds legal
description. . Previously, separate metes and bounds legal
descriptions were created for the adjacent commercial parcels
which constituted a subdivision,- however, a subdivision plat was
never processed. Therefore, in conjunction with the rezoning
request, processing of a subdivision plat is appropriate,
dividing the south 1.92 acres (proposed POD zoning) from the
north 2 acres (existing NC zoning). The purpose of the plat is
to correct previously unapproved subdivision actions and to
clearly delineate the proposed POD parcel from the NC parcel.
Convenience Store Parking (NW corner Seacrest & 22nd St. )
With future development of the subject property, the back-out
parking situation for the convenience store and pizza shop must
be addressed (Northwest corner of Seacrest Boulevard and N.W.
22nd Street). The elimination of the back-out parking was
raised with the review of the Food Lion site plan in July 1991.
The parking was to be relocated to the west side of the
commercial structures, on the subject property. The applicant
has acknowledged that these improvements must be made with any
future development of the property.
Potentia~ Use of Property by Atlantic High School
In rece~ ~onths, City residents and members of the City' s
Education Board have approached the City Commission regarding a
proposal to have the School Board purchase the 3.92 acre site
for use by Atlantic High School, which is located across
Seacrest Boulevard from the site. Potential uses proposed for
the property include recreation facilities and/or parking. On
November 1st, the City Commlssion voted to establish a task team
to explore those possibilities.
p & Z Board Staff Report
Rezoning from NC to POD for Seacrest/Tangerine (aka Food Lion)
Page 7
It could be several months before recommendations are
forthcoming regarding that proposal. In the meantime, the
property owners want to proceed with the rezoning to make the
property conforming. If the Atlantic High School proposal is
approved, it will be necessary to rezone the entire 3.92 acres
to CF (Community Facilities). Approval of the current rezoning
of a portion of the site to POD at this time will not affect
that future action.
REVIEW BY OTHERS :
The rezoning is not in a geographic area requiring review by the
DDA ( Downtown Development Authority) or the HPB ( Historic
Preservation Board).
Community Redevelopment Aqenc¥:
As the subject property is adjacent to Community Redevelopment
Area, the rezoning request was forwarded to the Com~aunity
Redevelopment Agency for a recommendation. On October 20, 1994,
the CRA reviewed and recommended approval of the rezoning
request.
Public Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. In addition, courtesy
notices were provided to the following homeowner's associations:
* Del-Ida Park
* Dell Park
* Lake Ida Park
* Northeast Neighborhood
Letters of objection, if any, will be presented at the Planning
and Zoning Board meeting.
ASSESSMENT AND CONCLU S I ON ~
The rezoning will enable positive findings to be made with
Chapter ~ of the Land Development Regulations, policies of the
Compreh~ve Plall, and Section 2.4.5(D)(5) (Rezoning Findings),
that th~ has been a change in circumstances which make the NC
zoning lnapi;ropriate and that the POD zoning is of similar
intensity. The rezoning will eliminate an existing
nonconformity by reducing the NC zoning on a property to
the maximum 2 acres allowed.
ALT E RNAT I V E AC T I ON S ~
A. Continue with direction.
P & Z Board Staff Report
Rezoning from NC to POD for Seacrest/Tangerine (aka Food Lion)
Page 8
Recommend approval of the rezoning request from NC to POD
based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and
Section 2.4.5(D)(5).
C. Recommend denial of the rezoning request from NC to POD for
based upon a failure to make a positive finding with to
Section 2.4.5(D)(5), the rezoning fails to fulfill at least
one of the reasons listed.
STAFF RECOMMENDATION
Recommend approval of the rezoning request from NC to POD based
upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and Section 2.4.5(D)(5)(b) & (c), that there
has been a change in circumstances that make the existing NC
zoning inappropriate, and that the POD zoning is of similar
intensity.
Attachments:
* Location/Zoning Map
* Survey
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