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16-92 ORDINANCE NO. 16-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE PLAN FOR THE EAST 43.16 FEET OF LOT 7 AND LOT 8 (LESS THE NORTH 8 FEET AND SOUTH 28.25 FEET RD R/W THEREOF), HIGHLAND TRAILER PARK SUBDIVISION, AS RECORDED IN PLAT BOOK 24, PAGE 213 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM TRANSITIONAL TO GENERAL COMMERCIAL; SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF BARWICK ROAD AND WEST ATLANTIC AVENUE; AMENDING THE LAND USE PLAN; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. 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: East 43.16 feet of Lot 7 and Lot 8 (Less the North 8 feet and South 28.25 feet Road R/W thereof), Highland Trailer Park Subdivision, as recorded in Plat Book 24, Page 213 of the Public Records of Palm Beach County, Florida. The subject property is located at the northwest corner of Barwick Road and West Atlantic Avenue, Delray Beach, Florida. The above-described parcel contains 0.5 of an acre parcel of land, more or less. Section 2. That the City of Delray Beach elects to make this small scale amendment exempt from the transmittal-and-ORC process by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187 as amended by SB 1882 (Committee Substitute) effective April 8, 1992. Section 3. That the Land Use Plan designation of the subject property in the Comprehensive Plan is hereby changed to General Commercial. Section 4. That the Planning Director of the City of Delray Beach shall, upon the effective date of this ordinance, change the Land Use Plan of Delray Beach, Florida, to conform with the provisions hereof. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. 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 7. That this ordinance shall become effective one (1) day after the effective date of the enacting ordinance annexing the subject property to the City of Delray Beach. PASSED AND ADOPTED in regular session on second and final reading on this the 12th day of May , 1992. ATTE S T: Ci~ty c~er~ First Reading April 28, 1992 Second Reading May 12~ 1992 ATLANTIC AVENUE O & Z AUTO CARE INC. NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following proposed Ordinanc- es at 7:00 P.M., (or at any continuation of such meeting which is set by the Commission), on Tuesday, May 12, 1992, in the City Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, at which time the City Commission will consider their adoption. The proposed Ordinances may be inspected at the Office of the City Clerk at the City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, from 8:00 A.M. to 5:00 P.M., Monday through Friday, except holidays. All interested parties are invited to attend and be heard with respect to the proposed Ordinances. ORDINANCE NO. 16-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE PLAN FOR THE EAST 43.16 FEET OF LOT 7 AND LOT 8 (LESS THE NORTH 8 FEET AND SOUTH 28.25 FEET RD R/W THEREOF), HIGHLAND TRAILER PARK SUBDIVISION, AS RECORDED IN PLAT BOOK 24, PAGE 213 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM TRANSITIONAL TO GENERAL COMMERCIAL; SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF BARWICK ROAD AND WEST ATLANTIC AVENUE; AMENDING THE LAND USE PLAN; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. Please be advised that if a person or persons decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceed- ings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Pursuant to F.S. 286.0105. PUBLISH: Delray Beach News CITY OF DELRAY BEACH May 1, 1992 Alison MacGregor Harty City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~;~' ! SUBJECT: AGENDA ITEM # /O A - MEETING OF MAY 12. 1992 ORDINANCE NO. 16-92 DATE: May 8, 1992 This is a second reading of an ordinance changing the City's Land Use Plan Designation in the Comprehensive Plan from Transitional to General Commercial for property located on the northwest corner of Barwick Road and West Atlantic Avenue; amending the Land Use Plan; and providing for exemption from the transmittal and ORC (Objections, Recommendations, Comments) process. This action is associated with the proposed annexation of the Highland Trailer Park; and involves the commercial property located adjacent the Trailer Park on Atlantic Avenue and Barwick Road. The owner of the service station at the northwest corner of Atlantic Avenue and Barwick Road previously indicated his willingness to join the Highland Trailer Park annexation petition, if his property was assigned a Land Use Plan designation of General Commercial and an initial zoning designation of General Commercial. These designations would allow the existing service station to be annexed as a conforming use. At the March 24th regular meeting the Commission authorized the initiation of a Land Use Plan Amendment to accommodate this request. This Land Use Plan Amendment is being processed as a Small Scale Development pursuant to Florida Statutes 163.3187, as amended by Senate Bill 1882, effective April 8, 1992. This statute allows any local government land use amendment which is related to a proposed small scale development activity to be approved without regard to statutory limits on the frequency of amendments (twice a year) and subject to land area restrictions. Further, Senate Bill 1882 allows local governments to exempt small-scale amendments from the transmittal and ORC process by having only an adoption hearing. The Planning and Zoning Board at their April 22nd meeting recommended approval of the Land Use Amendment from Transitional to General Commercial. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. ! 6- 92 on second and final reading. ORDINANCE NO. 16-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE PLAN FOR THE EAST 43.16 FEET OF LOT 7 AND LOT 8 (LESS THE NORTH 8 FEET AND SOUTH 28.25 FEET RD R/W THEREOF), HIGHLAND TRAILER PARK SUBDIVISION, AS RECORDED IN PLAT BOOK 24, PAGE 213 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM TRANSITIONAL TO GENERAL COMMERCIAL; SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF BARWICK ROAD AND WEST ATLANTIC AVENUE; AMENDING THE LAND USE PLAN; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. 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: East 43.16 feet of Lot 7 and Lot 8 (Less the North 8 feet and South 28.25 feet Road R/W thereof), Highland Trailer Park Subdivision, as recorded in Plat Book 24, Page 213 of the Public Records of Palm Beach County, Florida. The subject property is located at the northwest corner of Barwick Road and West Atlantic Avenue, Delray Beach, Florida. The above-described parcel contains 0.5 of an acre parcel of land, more or less. Section 2. That the City of Delray Beach elects to make this small scale amendment exempt from the transmittal-and-ORC process by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187 as amended by SB 1882 (Committee Substitute) effective April 8, 1992. Section 3. That the Land Use Plan designation of the subject property in the Comprehensive Plan is hereby changed to General Commercial. Section 4. That the Planning Director of the City of Delray Beach shall, upon the effective date of this ordinance, change the Land Use Plan of Delray Beach, Florida, to conform with the provisions hereof. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. 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 7. That this ordinance shall become effective one (1) day after the effective date of the enacting ordinance annexing the subject property to the City of Delray Beach. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of , 1992. MAYOR ATTEST: City Clerk First Reading Second Reading CITY COMMISSION DOCUMENTATION TO: ~ID T. HARDEN, CITY MANAGER ov cs, DEPARTMENT OF PLANNING AND ZONING FROM: PAUL DORLING, PLANNER II SUBJECT: MEETING OF APRIL 28, 1992 LAND USE PLAN AMENDMENT CHANGE FROM "TRANSITIONAL" TO "GENERAL COMMERCIAL". ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance changing the Land Use Designation from "Transitional" to "General Commercial" for Lot 8 and a portion of lot 7 of the Highland Trailer Park subdivision. The property is located at the northwest corner of Barwick Road and Atlantic Avenue. BACKGROUND: On March 24, 1992 the City Commission discussed the Planning and Zoning Board's recommendation on the Highland Trailer Park annexation which included disposition of the Commer$ial properties to the south. During these discussions the owner of the service station at the northwest corner of Barwick Road and Atlantic Avenue indicated his willingness to join the Highland Trailer Park annexation petition, if his property was assigned a Land Use Plan designation of "General Commercial" and initial zoning designation of "General Commercial". These designations would allow the existing service station to be annexed as a conforming use. In response to this request, the City Commission initiated a Land Use Plan Amendment changing the property from "Transitional" to "General Commercial". The City Commission further directed staff to proceed with a dual referendum to be held on September 1, 1992 while continuing to work with the remaining commercial lots to reach a voluntary annexation agreement. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of April 22, 1992 and recommended approval of the Land Use Amendment from "Transitional" to "General Commercial" on a unanimous 7-0 vote. City Commission Documentation Land Use Amendment from Transitional to General Commercial Page 2 LAND USE PLAN AMENDMENT PROCESS: This Land Use Plan Amendment is being processed as a Small Scale Development pursuant to Florida Statutes 163.3187 as amended by Senate Bill 1882, effective April 8, 1992. This statute allows any local government land use amendment which is related to a proposed small scale development activity to be approved without regard to statutory limits on the frequency of amendments (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; * The cumulative effect of the amendments processed under this section shall not exceed 60 acres annually; * The proposed amendment does not involve the same property more than once a year; and * The proposed amendment does not involve the same owner's property within 200' of property granted a change within a period of 12 months. This parcel is approximately 21,706 sq.ft, or .5 of an acre and is the first small scale development processed this year. This property has not previously been considered for a Land Use Amendment nor has the same property owner been granted a land use change within 200 feet or within the last year. Further, the Senate Bill 1822 amendment allows the local governments to choose to make small-scale amendments exempt from the transmittal and ORC (Objections, Recommendations, Comments) process by having only an adoption hearing. Until the rule making for this new provision is completed, the election of this process must be specified within the adopting ordinance. RECOMMENDED ACTION: By motion, approve the Land Use Plan Amendment from "Transitional" to "General Commercial" for lots 8 and a portion of Lot 7 of the Highland Trailer Park Subdivision on first reading. Attachment: * P&Z Staff Report. * Location map PkANNING & ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT--- MEETING DATE: April 20, 1992 AGENDA ITEM: III.A. ITEM: Future Land Use Map Amendment with Concurrent Annexation & Establishment of Initial City. Zoning, Northwest Corner of Atlantic Avenue & Barwick Road (FLUM from Transitional to General Commercial; Zoning from CG County to General Commercial GC City). I ATLANTIC AVENUE GENERAL DATA: Owner ......................... G & Z Auto Care Inc. Agent ......................... Voluntarily initiated. Location ...................... Northwest corner of Atlantic Avenue and Barwick Road. Property Size ................. 0.495 Acres City Land Use Plan ............ Transitional Proposed Land Use Designation .......... General Commercial Current Zoning ................ CG/SE (Commercial General/ Special Exception - County Zoning) Proposed Zoning ............... GC {General Commercial) Adjacent Zoning ......... North: AR (Agricultural Residential - County Zoning) East: CF {Community Facilities) South: PRD {Planned Residential) West: CG/SE (County Zoning) Existing Land Use ............. Gas Station. Water Service ................. Existing 12" water main along Atlantic Avenue, 12" line along Barwick Road, 6" line along Greenbrlar Drive. Sewer Service ................. Existing septic tank on site, 8" sewer system with Mlghland Trailer Park to the north. III.A. ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation on a City initiated Land Use Plan Amendment from "Transitional" to (GC) General Commercial, a Voluntary. Annexation and City initiated zoning to (GC) General Commercial for the Citco Gasoline station. The subject property is Lot 8 and a portion of Lot 7 of the Highland Trailer Park subdivision plat located at the northwest corner of Barwick Road and Atlantic Avenue. BACKGROUND: During review of the City initiated Highland Trailer Park annexation it was discovered that two of the three commercial properties immediately south along Atlantic Avenue were receiving City water without executed water service agreements. The Planning and Zoning Board considered the Highland Trailer Park annexation at their meeting of February 24, 1992 and continued the item pending resolution of the methods by which the commercial properties could be annexed (voluntarily or dual referendum) and sewered. The commercial property owners were contacted and asked to join the City initiated Highland Trailer Park annexation petition. Neither of the commercial property owner provided the necessary commitment prior to the Planning and Zoning Board meeting of March 16, 1992. At that meeting the Board recommended the Highland Trailer Park annexation be incorporated as part of a dual referendum which would include the commercial tracts along Atlantic Avenue. On March 24, 1992 the City Commission discussed the Planning and Zoning Board's recommendation. During these discuss ions the owner of one of the commercial properties indicated a willingness to voluntarily annex if his property was assigned a Land Use Designation (GC) and Zoning district (GC) which would allow the existing use (gasoline station) to remain as a conforming use. In response to this request, the City Commission initiated a Land Use Plan amendment from "Transitional" to "General Commercial" and an initial Zoning Designation of "General Commercial" for the commercial property. The City Commission further directed staff to proceed with a dual referendum to be held on September 1, 1992 while continuing to work with the other commercial lots to reach a voluntary annexation agreement. PROJECT DESCRIPTION: The site proposed for annexation includes Lot 8 and a portion of Lot 7 of the Highland Trailer Park subdivision. The site contains an existing gasoline service station (Citco) with four dispensing pumps, a repair bay, and small office. The applicant P&Z Staff Report Annexation of the Highland Trailer Park Page 2 has indicated he wishes to seek Conditional Use approval to establish a car wash in the future. While the applicant has been informed that there are no guarantees the expansion will be approved, annexation with a GC land use designation and GC zoning will allow him to apply for expansion. ANNEXATION ANALYSIS: The owner of the property has signed an Owner's Affidavit and authorization for voluntary annexation. Florida Statutes Governing Annexations: Pursuant to Florida Statue 171.044 "the owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of Enclaves". * The property is contiguous with the City, reasonably compact, and its annexation will not create an enclave. The annexation will in fact help to eliminate a portion of an isolated commercial tract fronting on Atlantic Avenue which would be created through the annexation of the Highland Trailer Park to the north. Consistency between the City and County Land Use and Zoning Designations: The City's current Future Land Use Map designation for the lots is "Transitional" , while the County Land Use Designation is "Commercial with an alternate residential density of 8 units per acre". The City' s Land Use designation is proposed to be changed from "Transitional" to "General Commercial" which is consistent with the current County "Commercial" designation. The proposed initial City zoning of "General Commercial" is consistent with the current County zoning of "General Commercial". Upon annexation only the City zoning designation is applicable. The annexation is being conducted pursuant to the "Annexation Policies" within the Comprehensive Plan. Provision of Services: When annexation of property occurs, services should be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Policy B-3.1). The following is a discussion of required services and potential provision levels. P&Z Staff Report Annexation of the Highland Trailer Park Page 3 Police: Annexation will not require additional manpower, as the police currently pass the property while patrolling the City areas to the north, east, west and south of the site. With annexation, the property will see an improvement in response time over that which they currently receive from the County Sheriff's Department to between 4 minutes (emergency call) and 6 minutes (non emergency call) from the Delray Police Department. Fire and Emerqency Services: The annexation of this area will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick and Lake Ida Roads). With annexation the property will receive an improvement in response time from the current 7 minutes of the County Fire Department (Clint Moore Road and Military Trail) to approximately 2 minutes for the City Fire Department (Lake Ida and Barwick Roads). Water: The development is currently served by a water meter connection to the 12" main along the north side of Atlantic Avenue. A fire hydrant exists at the northeast corner of the property across Barwick Road. The 300' minimum fire hydrant spacing along Atlantic Avenue is not met in this area. With redevelopment of the property, a fire hydrant and easement to accommodate it will be required. Sewer: The development is currently served by a septic tank and field. Pursuant to Section 6.1.11 all properties within 200 feet of an available City sewer are required to connect. Easements are being acquired with the Highland Trailer Park annexation to the north which will allow this property to access the sewer system within Highland Trailer Park. After these easements are obtained, a sewer main will be installed by the City and this property will be required to connect to the City sewer system. Streets: This parcel is located at the intersection of Barwick Road and Atlantic Avenue. It is noted that Atlantic Avenue is currently below the acceptable level of service. With any redevelopment involving expansion of use, a traffic study will be required and difficulty meeting concurrency may be experienced. However, Atlantic Avenue is scheduled for widening in 1992/93 and upon award of the widening contract the additional roadway capacity is considered available. P&Z Staff Report Annexation of the Highland Trailer Park Page 4 Parks and Open Space: The addition of one commercial property is anticipated to create no impact on existing park and recreational facilities. Impact on these facilities are associated with residential units only. Fiscal Impacts: For the 1991 tax year the G & C Auto Care had an assessed value of $178,657.00. At the 1991 City millage rate of 6.20 mills the property will provide $1,107.67 in new ad valorem taxes to the City per year. COMPREHENSIVE PLAN ANALYSIS: This Land Use Amendment is being processed as a Small Scale Development pursuant to Florida Statutes 163.3187. This statute allows any local government comprehensive land use amendments directly related to proposed small scale development activities to be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: * The cumulative effect of the amendments processed under this section shall not exceed 30 acres annually; * The proposed amendment does not involve the same property more than once a year; and * The proposed amendment does not involve the same owner's property within 200' of property granted a change within a period of 12 months. This parcel is approximately 21,706 sq.ft, or .5 of an acre and is the first small scale development processed this year. This property has not previously been considered for a land use amendment nor has the same property owner been granted a land use change within 200 feet or within the last year. Land Use Analysis: The current County Land Use Designation for the site is Commercial with an alternate residential designation of 8 units per acre. The current City Land Use Designation for the site is "Transitional ". The proposed City Land Use Designation for the parcel is "General Commercial". P&Z Staff Report Annexation of the Highland Trailer Park Page 5 The surrounding Land Use Map designations to the north are "Transitional" (Highland Trailer Park) in the City and "Agricultural" in the County. To the west is "Transitional" in the City and Commercial with an 8 unit residential equivalent in the County. To the south is Residential Medium Density 5-12 Units per acre in the City. To the east the site is bordered by property in the City with a Land Use Designation of "Community Facilities". The existing Land Uses are ,'Residential" (Highland Mobile Home Park) to the north, "Commercial" (Handy Market) to the west, "Community Facilities" to the east (future site of Barwick Middle School) and" Sherwood Golf Driving Range" to the south. ZONING ANALYSIS: The current County zoning designation for the parcel is CG/SE (General Commercial/Special Exception). The proposed initial City zoning designation is "General Commercial". The surrounding zoning designations are "Agricultural Residential" (County) proposed "Mobile Home" (City) to the north, CG/SE (General Commercial/Special Exception) County zoning to the west, (PRD) Planned Residential Development to the south and CF (Community Facilities) City zoning to the east. R E Q U I R E D F I N D I N G S: (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: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. Gasoline Stations are allowed as a Conditional Use in the GC (General Commercial) zoning district. The GC zoning designation is a consistent zoning designation under the proposed "General Commercial" Land Use Designation. 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. P&Z Staff Report Annexation of the Highland Trailer Park Page 6 The proposal involves the annexation of an existing development. Given this type of petition the required facilities (water, sewer, streets) have been previously discussed under the "Provision of Services" section of the staff report. The following is a discussion of the facilities not previously covered. Drainage: With site inspection limited landscape areas exist for swale areas and no exfiltration trenches are noted. Some of the drainage "pools" on site with the balance presumably draining on to adjacent properties. Parks and Open Space: Park dedication requirements apply for new residential development. This property is commercial and is an established development which is being annexed and therefore the requirements do not apply. Solid Waste: As this is an existing development the solid waste being generated is already accommodated in projected levels of solid waste service. Further, the impact of this use on the solid waste facility which is to accommodate all growth in the County is relatively insignificant. Compliance with Land Development Regulations: Upon annexation the gasoline station will come under the development regulations of the City. Any future modifications to the site must comply with the LDR's. It is appropriate at this time to bring the following LDR requirements to the attention of the applicant. * On the site there is a large billboard. Pursuant to Section 4.6.7(H)(4) this sign is a nonconforming Class 1 sign and is required to be removed once the property is annexed into the City. * Pursuant to Section 4.3.3(J)(5) (General Development Standards) the following minimum requirements must be met to establish the Gasoline Station Use (with Service bay function). Minimum lot area 15,000 sq.ft. Minimum Frontage 150 feet Parking requirements 4 spaces/and 4 spaces per bay P&Z Staff Report Annexation of the Highland Trailer Park Page 7 This development contains 21,706 sq.ft, and has 151 feet frontage along Atlantic Avenue and 143.75 feet of frontage along Barwick Road. Current parking is not delineated on site. Adequate parking can be accommodated on site. * Pursuant to Section 4.3.3(J)(6)(a) gasoline dispensers, tanks, dispenser islands, and canopies shall not be located closer than fifteen feet (15') from any property line. When property directly abuts residentially zoned property, gasoline dispensers, tanks, dispenser islands and canopies, signs, or vents shall not be located closer than forty feet (40') from the property line abutting the residential zoned property. The existing gasoline dispensers, and signs appear to encroach within 15' along the south property line (Atlantic Avenue). With any future redevelopment of the property this LDR requirement may have to be complied with. * Pursuant to Section 4.3.4(H)(6)(b) a special landscape strip is required along Atlantic Avenue. The landscape strip is to be 30' or 10% of the depth of the property, whichever is smaller. In this case an approximate 15' landscape strip is required along Atlantic Avenue. Currently a minimal landscape strip exists (approximately 5'). With redevelopment or by October 1, 1993 pursuant to Section 4.6.16(H)(4)(a) the perimeter landscaping ks to be installed. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Zoning), along with the required findings in Section 2.4.5, 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 making of a finding of overall consistency. The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: A) Performance Standard 3.3.2(A) states that a rezoning to other than CF within stable residential areas shall be denied. As this is an initial zoning, affixing a zoning designation which represents the existing land use this standard does not apply. P&Z Staff Report Annexation of the Highland Trailer Park Page 8 B) Performance Standard 3.3.2(D) states: That the rezone 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 initial zoning designation represents the existing commercial land use which is not compatible with the residential uses to the north, or the proposed Community Facility (Barwick Middle School) to the west. The existing commercial land use is compatible with other commercial properties to the west. The incompatibility will be addressed during future redevelopment or required perimeter landscape compliance pursuant to Section 4.6.16(H)(4)(a). Pursuant to Section 2.4.5(D)(1), a Justification statement providing the reason for which the change is being sought must accompany all rezoning requests. The Code further identifies certain valid reasons for approving the change being sought. As this zoning petition before you is an initial zoning designation to be assigned to property being annexed, the above section does not apply. Impact to G & C Auto Care Inc.: With the change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Millage With Annexation Fire/Rescue Mstu 2.1238 Deleted (County) Library .3939 Deleted (County) City of Delray Beach 6.2000 Added (City) City of Delray Beach Debt .9500 Added (City) +4.6323 Difference * · Total tax millage in the County is 19.2432 mills while in the City the total millage rate is 23.8755. Non Ad Valorem Taxes: Delray Beach Storm Water Utility - This City assessment will be approximately a year. Solid Waste Authority - A slight reduction in collection rates should be experienced. P&Z Staff Report Annexation of the Highland Trailer Park Page 9 What this actually means for the property is an increase in taxes from approximately $3,437.93 to $4,265.53 a year (an increase of approximately $827.60). The applicant will save the 25% surcharge for water service currently charged for outside City service. This equates to a yearly savings of $41.02 (25% of $205.08 - 1991 sewer and water fees). Impact to City: The City will gain approximately $1,107.67 a year in new tax revenue. As this property is commercial no per capita reimbursements are anticipated. Minimum fees will be generated by licensing operations which will now be under the authority of the City. With annexation the City will lose the 25% surcharge currently paid as Utility fees ($41.02 -1991 water surcharge paid). With this reduction the City will receive an overall fiscal benefit of approximately $1,066.65 plus licensing fees. In addition, the City will receive a sewer connection fee ($1,084.00 new rate), monthly sewer rates (based on consumption) and the storm water utility fee. REVIEW BY OTHERS: The annexation is not in a geographic area requiring review by either 'the HPB (Historic Preservation Board), DDA (Downtown Development Authority), or the CRA (Community Redevelopment Agency) . On April 9, 1992 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date a response has not been received. Courtesy notices were sent to Helen Coopersmith (PROD), David Klarer (Delray Councils of Communities), Art Jackel (United Property Owners), Jack Kellerman (Highpoint) and Charles Raible (Highland Park Company). ASSESSMENT AND CONCLUSIONS: With the annexation the City will not only benefit fiscally, but also by gaining land use control of this highly visible frontage along Atlantic Avenue. This will provide the ability to effect positive aesthetic changes through Code Enforcement and/or redevelopment under City Land development regulations. The owner of the property will experience an increase in taxes however this will be offset by a small savings on utility fees through elimination of the 25% surcharge for outside City services and better response times for police, fire and EMS units. P&Z Staff Report Annexation of the Highland Trailer Park Page 10 With the accompanying Land Use amendment and initial zoning of General Commercial the existing gasoline station will be annexed as a conforming use. This will alleviate the applicant's concern of being a nonconforming use which could not be rebuilt or expanded. The applicant has expressed interest in renovating and expanding the existing use in the future. A L T E R N A T I V E S: A. Continue with direction. B. Recommend approval of the Land Use Amendment, annexation request and initial zoning designation of GC (General Commercial) upon positive findings. C. Recommend denial of the Land Use Amendment, Annexation and initial zoning based upon a failure to make positive findings. STAFF RECOMMENDATION: Recommend approval of the Land Use Amendment from Transitional to General Commercial, as well as the Annexation request and initial zoning designation of GC (General Commercial) upon positive findings with respect to Section 3.1.1, Section 3.3.2 and policies of the Comprehensive Plan and the following: That the property is contiguous, reasonably compact and does not create an enclave. That services will be provided to the property in a manner similar to other similar properties within the City. PD/G&CAUTO.DOC ATLANTIC AVENUE ~+~ (~ & Z AUTO CARE INC. 4/~2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # I~ - MEETING QF APRIL 28. 1992 Q~DINANC~ NO. 16-92 DATE: April 24, 1992 This is a first reading of an ordinance changing the City's Land Use Plan Designation in the Comprehensive Plan from Transitional to General Commercial for property located on the northwest corner of Barwick Road and West Atlantic Avenue; amending the Land Use Plan; and providing for exemption from the transmittal and CRC (Objections, Recommendations, Comments) process. This action is associated with the proposed annexation of the Highland Trailer Park; and involves the commercial property located adjacent the Trailer Park on Atlantic Avenue and Barwick Road. The owner of the service station at the northwest corner of Atlantic Avenue and Barwick Road previously indicated his willingness to join the Highland Trailer Park annexation petition, if his property was assigned a Land Use Plan designation of General Commercial and an initial zoning designation of General Commercial. These designations would allow the existing service station to be annexed as a conforming use. At the March 24th regular meeting the Commission authorized the initiation of a Land Use Plan Amendment to accommodate this request. This Land Use Plan Amendment is being processed as a Small Scale Development pursuant to Florida Statutes 163.3187, as amended by Senate Bill 1882, effective April 8, 1992. This statute allows any local government land use amendment which is related to a proposed small scale development activity to be approved without regard to statutory limits on the frequency of amendments (twice a year) and subject to land area restrictions. Further, Senate Bill 1882 allows local governments to exempt small-scale amendments from the transmittal and CRC process by having only an adoption hearing. The Planning and Zoning Board at their April 22nd meeting recommended approval of the Land Use Amendment from Transitional to General Commercial. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 16-92 on first reading.