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25-92
-VOID- Petition Withdrawn by Applicant - 6/23/92 ORDINANCE NO. 25-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT; SAID LAND LYING AND BEING IN THE EAST ONE-HALF OF SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; 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 following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the NC (Neighborhood Commercial) District, as defined in Chapter Four of the Land Development Regulations of Delray Beach, Florida, to-wit: A parcel of land lying in the east one-half of Section 7, Township 46 South, Range 43 East, lying in the City of Delray Beach, Palm Beach County, Florida, said parcel being more particularly described as follows: Commence at the northeast corner of the aforesaid Section 7; thence run N.89© 54'30"W., an assumed bearing, along the north line of said Section 7, 60.00 feet to a point of intersection with the west right-of-way line of Congress Avenue as laid out and now in use; thence run S.00°23'20"E., along said west right-of-way line, 1222.27 feet to a point of curve, said curve being concave to the southwest and having a radius of 3759.80 feet; thence run southerly along said curve, through a central angle of 19°03'45", an arc length of 1250.90 feet to a point; thence S.18© 40'25"W., 720.39 feet to a point; thence continue along the previous course, S.18°40'25"W., 514.41 feet to a point; thence S.22© 29'16"W., 132.49 feet to the Point of Beginning of the herein described parcel; thence continue along the previous course, S~22 o 29'16"W., 47.91 feet to a point; thence S.18°40'25"W., 155.34 feet to a point; thence S. 67o02'20"W., 59.79 feet to a point of intersection with the northerly right-of-way line of Lake Ida-Road, said point lying on a curve concave to the southwest and having a radius of 1670.16 feet; thence from a tangent bearing of N.64 o 35'46"W., run westerly along said curve, through a central angle of 05o20'36'', an arc length of 155.76 feet to a point; thence N.18o40'25"E., 231.85 feet to a point; thence S.71°19'35"E., 203.19 feet to a point of intersection with the aforesaid west right-of-way line of Congress Avenue and the Point of Beginning of the herein described parcel. The above described parcel contains 1.073 acres of land, more or less. The subject property is located at the northwest corner of Congress Avenue and Lake Ida Road, Delray Beach, Florida. - VOID; Petition Withdrawn By Applicant on 6/23/92 -VOID- Petition Withdrawn by Applicant - 6/23/92 Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning District 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 imme- diately upon passage on second and final reading. 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 - VOID; Petition Withdrawn by Applicant on 6/23/92 - Dt'LRAY PAI~C ~ Of' COIdyrRc~ LAKE IDA CENTER N REZONING ac CONDITIONAL USE MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER ORDINANCE NO. 25-92 DATE: June 19, 1992 This is a first reading of an ordinance rezoning and placing land presently zoned POC (Planned Office Center) district in NC (Neighborhood Commercial) district; said land being located at the northwest corner of Congress Avenue and Lake Ida Road. The rezoning request involves approximately 1.70 acres of a 6.74 acre vacant parcel. The development proposal is to construct a Hess Gasoline Station. The proposed gasoline station will consist of a 1,283 square foot food mart, four pump dispensers, a carwash, six parking spaces and associated landscaping. The balance of the site will remain POC. If this ordinance is approved at first and second reading, a conditional use request to establish the gasoline station will follow. The Planning and Zoning Board at their May 18th meeting held a public hearing at which testimony was taken. Several members of the public spoke in opposition citing additional traffic congestion. Additionally, letters were received which cited traffic, lack of need for potential NC uses, potential noise, fumes and lighting impacts. The Board recommended denial of the rezoning request by a unanimous vote. A detailed staff report is attached as backup material for this item. Recommend consideration of Ordinance No. 25-92. ORDINANCE NO. 25-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT; SAID LAND LYING AND BEING IN THE EAST ONE-HALF OF SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; 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 following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the NC (Neighborhood Commercial) District, as defined in Chapter Four of the Land Development Regulations of Delray Beach, Florida, to-wit: A parcel of land lying in the east one-half of Section 7, Township 46 South, Range 43 East, lying in the City of Delray Beach, Palm Beach County, Florida, said parcel being more particularly described as follows: Commence at the northeast corner of the aforesaid Section 7; thence run N.89© 54'30"W., an assumed bearing, along the north line of said Section 7, 60.00 feet to a point of intersection with the west right-of-way line of Congress Avenue as laid out and now in use; thence run S.00°23'20"E., along said west right-of-way line, 1222.27 feet to a point of curve, said curve being concave to the southwest and having a radius of 3759.80 feet; thence run southerly along said curve, through a central angle of 19 03 45 , an arc length of 1250.90 feet to a point; thence S.18© 40'25"W., 720.39 feet to a point; thence continue along the previous course, S.18°40'25"W., 514.41 feet to a point; thence S.22© 29'16"W., 132.49 feet to the Point of Beginning of the herein described parcel; thence continue along the previous course, S.22 o 29'16"W., 47.91 feet to a point; thence S.18°40'25"W., 155.34 feet to a point; thence S. 67o02'20"W., 59.79 feet to a point of intersection with the northerly right-of-way line of Lake Ida Road, said point lying on a curve concave to the southwest and having a radius of 1670.16 feet; thence from a tangent bearing of N.64 o 35'46"W., run westerly along said curve, through a central angle of 05020'36'', an arc length of 155.76 feet to a point; thence N.18o40'25"E., 231.85 feet to a point; thence S.71°19'35"E., 203.19 feet to a point of intersection with the aforesaid west right-of-way line of Congress Avenue and the Point of Beginning of the herein described parcel. The above described parcel contains 1.073 acres of land, more or less. The subject property is located at the northwest corner of Congress Avenue and Lake Ida Road, Delray Beach, Florida. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning District 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 imme- diately upon passage on second and final reading. 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 H .W. 1 01'14 DLrLRAY PARK OF' LAKE IDA CENTER N REZONING & CONDITIONAL USE C I TY COMM I S S I ON DOCUME NTAT I ON TO: ..~I1AVID T. HARDEN, CITY MANAGER THRU: '~BAV~D ~.'~ACS, DIRECTOR RTMENT 9F PLANNING AND ZONING FROM: PAUL DORLINGT~,PLANNER II SUBJECT: MEETING OF JUNE 23, 1992 ORDINANCE REZONING 1.7 ACRES AT THE NORTHWEST CORNER OF LAKE IDA ROAD AND CONGRESS AVENUE FROM POC (PLANNED OFFICE CENTER) TO NC (NEIGHBORHOOD COMMERCIAL). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the rezoning ordinance affecting the 1.7 acres at the northwest corner of Lake Ida Road from POC (Planned Office Center) to NC (Neighborhood Commercial). If approved at first and second reading, a Conditional Use request to establish a " dispensing of gasoline directly into a vehicle" facility ( Hess Gasoline Station) will follow. BACKGROUND: The rezoning request involves approximately 1.70 acres of a 6.74 acre vacant parcel at the northwest corner of Lake Ida Road and Congress Avenue. The rezoning request was accompanied by a Conditional Use request to establish a Hess Gasoline Station on the 1.70 acre parcel. Immediately prior to the Planning and Zoning hearing, the applicants agent characterized the petition as providing perpetual open space on the balance of the the 6.74 acre parcel. The petitioner was given the opportunity by the Planning and Zoning Board to defer or amend his petition but declined. Thus, the item is that of rezoning 1.7 acre to NC and the balance of the site POC (Planned Office Center). . PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of May 18, 1992. Several members of the public spoke in opposition citing concerns over additional traffic congestion. In addition, five letters of opposition were received citing concerns of traffic, lack of need for potential NC uses, potential noise, fumes and lighting impacts. City Commission Documentation Hess Gasoline Station Rezoning Page 2 After taking public comment the Board recommended denial of the rezoning request on a unanimous 6-0 vote. This recommendation was based on a failure to make positive findings to numerous items as listed under the Assessment and Conclusions section of the attached Planning and Zoning Board Staff Report (Page 8). At this same meeting the attendant Conditional Use approval for the Hess Station was continued until after the City Commission has considered this rezoning request. RECOMMENDED ACTION: By motion, deny the Lake Ida rezoning request from POC to NC based upon the recommendations and findings made by the Planning and Zoning Board. Attachment: * P&Z Staff Report of May 18, 1992 PD/CCHESS.DOC PLANNIN & /__t,.)iXlii~t~ 'CITY OF DELI:lAY BEACH STAFF REPORT--- MEETING DATE: HAY 18, 1992 AGENDA ITEM: ]:I[.B. ITEM: REZONING FROM PLANNED OEFICE CENTER (POC) TO NEIGHBORHOOD CO~ERCIAL (NC) UPON 1.74 ACRES OF ~ND LOCATED AT THE NORTHWEST CORNER OF CONG~SS & L~E GENERAL DATA: Owner ......................... Cracchiolo Group and Vito J. Lupo TR Agent ......................... T~mothy P. Cracchlolo Location ...................... The northwest corner of Lake Ida Road and Congress Avenue. Property Size ................. ~.?~ Acres City Land Use Plan ............ Translt]ona! City Zoning ................... POC (Planned Office Center) Proposed Zoning ............... NC (Neighborhood Commercial) Adjacent Zoning ............... North: POC East: PCC (Planned Commerce Center) South: PC (Planned Commercial) West: POC Existing Land Use ............. Vacant Proposed Land Use ............. Gasoline Station with a Convenience Mart. Water Service ................. Existing 12" water main along Lake Ida Road and 8" line along Congress Avenue. Sewer Service ................. Existing 8" sanitary sewer force main along Congress Avenue and 8" force main along Lake Ida Road, and 8" sewer main within Ralnberry III.B~ Lakes Drive to the northwest. I T E M B E F O R E T H E B O A R D: The action before the Board is that of making a recommendation on a rezonlng request from POC (Planned Office Center) to NC (Neighborhood Commercial). The subject property Is located at the northwest corner of Congress Avenue and Lake Ida Road. BACKGROUND: On August 20, 1984 the Planning and Zoning Board reviewed a Land Use Plan Amendment and zoning change from PRD-4 to POI (Professional, Office, and Institutional) for the vacant 6.74 acre parcel at the northwest corner of Lake Ida Road and Congress Avenue. The Board also considered a Conditional Use request and site plan approval for a 54,712 sq. ft. office complex with a drive thru bank. The Planning and Zoning Board recommended approval on all four requests. On September 25, 1984 the City Commission approved the Land Use Plan Amendment (Ordinance No. 75-84) and zoning request (Ordinance No. 76-84) on first reading. On November 13, 1984 the City Commission approved the Land Use Plan Amendment and rezoning requests on second reading and approved the related Conditional Use and site plan requests. On September 10, 1985 the City Commission approved Ordinance No. 103-85 on first reading changing the name of the POI (Professional, Office and Institutional) zoning district to POC (Planned Office Center) as well as modified the zoning district regulations. On September 24, 1985 the City Commission passed the ordinance on second reading and this property's zoning designation was changed to POC (Planned Office Center). No development occurred on the site and prior to the expiration of the Conditional Use and site plan approval (18 months), an extension was requested. On May 23, 1986 the Planning and Zoning Board recommended approval of the extension request. The City Commission approved the extension request on July 10, 1986. No construction commenced and the Conditional Use and site plan expired on December 12, 1987. PROJECT DESCRIPTION: The rezoning request involves approximately 1.70 acres of the 6.74 acre parcel. The proposed parcel is approximately 304' by 239' and located at the northwest corner of Lake Ida Road and Congress Avenue. The rezoning request is accompanied by a Conditional Use request to establish a HESS Gasoline Station on the site. The gasoline station will contain a 1,283 sq.ft, food mart, 4 pump dispensers, six parking spaces and associated landscaping. The balance of the 6.74 acre parcel (approximately 5 acres) is to remain POC. The applicant has noted on the concept plan submitted with the Conditional Use request that the balance is to be dedicated for park/recreational or open space. P&Z Staff Report Rezoning - POC to NC Page 2 Z O N I N G A N A L 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 £n 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. The requested zoning change is from POC (Planned Office Center) to NC (Neighborhood Commercial). The property has a Transitional Land Use Plan Designation. The allowable zoning districts which are deemed consistent with the Transitional Land Use designation are: - POC Planned Office Center (existing zoning) - NC Neighborhood Commercial (proposed zoning) - AG Agricultural - R-1 Single family residential - RL Residential Low Density - RM Residential Medium Density - MH Mobile Home - PRD Planned Residential Development - POD Professional Office.Development - RO Residential Office - CF Community Facility Pursuant to the purposed statement for NC zoning (Section 4.4.11) that district may be located in areas designated as Transitional on the Future Land Use Map when a non-residential use is appropriate for the location. The accompanying development request (Conditional Use) seeks approval of a facility for the "dispensing of gasoline into a vehicle". Within the LDR's a distinction is made between a Gasoline Station and "dispensing of gasoline into a vehicle". These uses are listed as two distinct uses under the CBD, GC and PC zoning districts. Pursuant to the LDR definitions the proposed use is classified as a gasoline station. Gasoline stations are not a Permitted or Conditional Use allowed within the NC zoning district. (See discussion prepared for the Conditional Use request). P&Z Staff Report Rezoning - POC to NC Page 3 Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water: A 12" main exists on the south side of Lake Ida Road, an 8" main on the east side of Congress Avenue and an 8" main within the Rainberry Lakes driveway. Water main extensions will be 'required by this development. The impact of uses allowed under the NC zoning on overall levels of service will be minimal. The water consumption with allowable (NC) uses are generally less than could be expected with office use developed under the current POC zoning designation. Sewer: An 8" sewer main exists to the west in Rainberry Lakes entry way and south in the shopping center at the southwest corner of Congress Avenue and Lake Ida Road. Sewer main extension will be required. The sewage flow with allowable (NC) uses is likely to be less than could be expected with office use developed under the current POC zoning designation. Drainaqe: Drainage is to be accommodated in on-site retention areas. No concerns are noted at this time. No specific differences are noted between allowable NC uses and potential office development. 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. The applicant's traffic report indicates the development potential of the total site (6.7 acres) under the current POC zoning designation is 73,400 sq.ft, of office development. This use will generate approximately 1,111 average daily trips. No credit is allowed for pass by capture for office development therefore, the 1,111 trips will be considered new trips. It is noted that development of this intensity would not be able to meet traffic concurrency on Lake Ida Road between Congress Avenue and Barwick Road. The traffic study for the gasoline station (proposed use) indicates that the site will generate 1,630 average daily trips. Using the allowed 58% pass by capture rate, the development will generate 685 new average daily trips. P&Z Staff Report Rezoning - POC to NC Page 4 The above comparison only addresses the development impact of 1.7 acres of the 6.7 acre site. While the applicant has indicated the balance of the site will be dedicated for park/recreational and open space uses, that commitment hinges on the approval of the Conditional Use request. The development potential of the remaining 5.0 acre parcel would be approximately 65,000 sq.ft, of office, generating approximately 1,013 daily new trips. Thus, on its own, the proposed rezoning, without downside compensation, will result in an increase in traffic. Parks and Open Space: Park dedication requirements apply for new residential development. As presently zoned and as requested, this property is to be developed as non-residential property and therefore the requirements do not apply. Solid Waste: The impact of this use on the solid waste facility which is to accommodate all growth in the County is relatively insignificant. The proposed gasoline station use is likely to have less of an impact than office use developed under the current zoning designation. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.3.2 (Standards for Rezoning Actions)z The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: A) That rezoning to other than CF within stable residential areas shall be denied. (Housing Element A-2.4) This standard does not apply as the area is not within a stable residential area. Within the Housing Element the residential area to the west is designated as "Stable" areas while to the north, south and east are non-residential areas. C) Additional strip commercial zoning on vacant properties shall be avoided. This policy shall not preclude rezonings on land that at the time of rezoning has improvements on it. Where existing strip commercial areas or zoning exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to proved for better project design. P&Z Staff Report Rezoning - POC to NC Page 5 0 While the parcel depth is sufficient to allow for commercial development other than "strip" commercial the size of the parcel being rezoned would tend to promote strip type of development. While the parcel is being rezoned to accommodate a gasoline station the development potential for other NC uses exists if the rezonlng is approved and the accompanying Conditional Use request is denied. Further, the resulting NC/POC configuration may lead to further requests for piecemeal zoning as opposed to development of the entire 6.7 acres in a unified manner. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject property is currently zoned POC (Planned Office Center). To the north is property zoned POC, to the west is PRD (Planned Residential Development), to the east is PCC (Planned Commerce Center) and to the south is PC (Planned Commercial). The surrounding land uses are vacant to the north, recreational components (tennis courts) for the PRD to the west, vacant to the east and the Lake Ida Shopping Center to the south. Attached to the staff report are pages 4431 and 4442 of the LDR's which list the permitted uses under both the NC and POC zoning districts. The uses allowed in the NC zoning district Include retail sales, provision of services (i.e. beauty salon, dry cleaning etc.) and business and professional offices subject to special regulations limiting them to no more than two similar offices and not exceeding 2,000 sq.ft, per office. These uses are geared to serve neighborhood needs. The uses allowed in the POC zoning district include banks, brokerage establishments, photographic studios, service uses such as real estate, insurance etc. and business, professional and medical offices. These uses are geared toward serving community needs. Compatibility concerns associated with a change from POC to NC include: * The introduction of uses allowed within the NC district which currently exist in abundance in the immediate area, south of the site and at Lake Ida and Dover Road. The introduction of additional NC uses would be incompatible by creating additional competition for already abundant neighborhood commercial uses. P&Z Staff Report Rezoning - POC to NC Page 6 * The potential to introduce uses which will generate higher traffic activity throughout the day verses distinctive AM and PM peak hours and minimum evening traffic associated with office uses allowed under the current POC zoning. LDR Compliance: Section 2.4..~(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make 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 error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has indicated the reason for the zoning change request is the following: "The subject property is located at the intersection of two major traffic ways and access from a community shopping center. At this time there are no facilities for the dispensing of fuel within proximate distance of this proposed facility, which would serve the unmet needs of both the resident population to the west and the work force population along the City's major office and commerce corridor. This intersection has been acknowledged as a visible location to accommodate the demands for a facility of this nature, but subject to the highest landscape and buffering requirements in keeping with its residential gateway location." "In the intervening 10 years since the property was first marketed for POC uses there has been a surfeit of such uses in the immediate vicinity with accompanying high vacancy rates. While the vacancy may decline somewhat once the present recession has ended, there is an emerging consensus that this segment of the marketplace is extensively overbuilt, thus the proposed NC zoning for the existing vacant parcel strikes a balance between the needs of the public sector to insure a sound economic base for the City's future and the owner's requirements for a reasonable use of the property". P&Z Staff Report Rezoning - POC to NC Page 7 The above statement would most closely represent reason "C", that the rezoning is of similar intensity as allowed under the Future Land Use Map and more appropriate given its location at the intersection of two major traffic ways. While the proposed zoning designation may be similar in intensity it is not more appropriate given its location at the intersection of two major traffic ways. The purpose of the NC zoning district is to provide opportunities for limited retail and service uses in a manner convenient to and yet not disruptive to residential uses. Commercial uses which require exposure at major intersections, are geared to serve more than limited retail or service uses which could be classified as Neighborhood Commercial. In this location if nonoffice or nonresidential uses are proposed, GC zoning (General Commercial) would be appropriate given the market to be served. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives or policies were found. REVIEW BY OTHERS: General: 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) . 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 Arthur Jackel, United Property Owner's Association and David Honninger, Lake Ida Property Owner's Association, David Klarer, Delray Beach Council of Communities, Helen Coopersmith, Progressive residents of Delray who have requested notification of petitions in that area. Other: Several letters of opposition have been received and are attached for your review. P&Z Staff Report Rezoning - POC to NC Page 8 ASSESSMENT AND CONCLUSION: In assessing the rezoning request positive findings with respect to the following areas cannot be made: * Chapter 3.1.1(B) (Concurrency) in that the petition for a combination of NC and POC zoning will result in an increase of traffic on an already over capacity roadway. The potential traffic increase will represent approximately 587 new trips. This is the difference between 1,111 daily new trips for 73,400 sq.ft, office under existing POC and potential 1,698 daily new trips under combination zoning NC and POC). * Chapter 3.1.1(C) (General Consistency) upon a finding that the beneficial aspects of the rezoning do not outweigh the negative aspects. The negative impacts Include failure to make a positive finding with performance standards Section 3.3.2(C) in that the size of the parcel being rezoned would tend to promote strip type of development. Further, that the NC/POC configuration may lead to further piecemeal zoning requests as opposed to development of the entire 6.7 acres in a unified manner; and, Failure to make a positive finding with performance standard Section 3.3.2(D) via introduction of land uses which are inconsistent with adjacent and nearby land uses. The rezoning would not only introduce higher traffic generation but would generate traffic throughout the day and into the evening. The rezoning would also allow introduction of NC uses which already exist in abundance in the area. * Chapter 3.1.1(D) (LDR compliance) due to failure to fulfill one of the valid reasons for the change in zoning as outlined under Section 2.4.5(D)(2). The applicant has made an argument for reason No # 3, 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. While the rezoning is similar in intensity as allowed under the Future Land Use Map the petitioner has failed to prove it is more appropriate than the existing zoning designation. ALTERNATIVE ACTIONS: A. Continue with direction. P&Z Staff Report Rezoning - POC to NC Page 9 B. Recommend denial of the rezoning request from POC to NC based upon a failure to make a positive finding with respect to Chapter 3.1.1 (Concurrency, Consistency and LDR compliance), Chapter 3.3.2 (Compatibility and strip commercial potential), and that pursuant to Section 2.4.5(D)(5) that the rezoning falls to fulfill at least one of the reasons listed. C. Recommend approval of the rezoning request 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(E)(5). STAFF RECOMMENDATION: Recommend denial of the rezoning request from POC to NC based upon a failure to make a positive finding with respect to Chapter 3.1.1 (Concurrency, Overall Consistency and LDR compliance), Chapter 3.3.2 (Compatibility and strip commercial potential), Section 2.4.5(D) (5) failure to fulfill valid reason) as detailed in the assessment section of the staff report. Attachments: · Location Sketch · Letters of Opposition PD/LAKEREZ5.DOC N.W. 10114 D£LRAY PARK OF C0~£RC£ /~),4 LAKE IDA CENTER REZONING N FROM POC TO NC 22 Colonial Road }{ingh~m, F~ ssa chusetts April 2~, 1992 ¥~. David Kovacs, Planning Director City of Delray Beach 100 h~ First Avenue Delray Beach, Florida,33444 Dear Mr. Kovacs: I am enclosing a llst of reasons why I do not approve of the proposal to place a gas station and a compact store at the corner of Swinton and Lake Ida Road. I h~°~e sent copies to the Mayor and the Town Manager. I am currently in ,'.~ssachusetts on business, and will not be back in Delray until after the ~y hearing concerning the proposal. I trust that, in my absence, my written comments will be read into the record. My address in Delray Beach is as follows: 1007-D South Drive Delray Beach, Florida 334/;5 I will appreciate your personal attention to this matter. Sincerely, Why lhe Pr~oos~ for the Corner of Lake Ida and Congress Shoul~ ~I0_t: ~e _ A ppr ored I. ~ Mas ~t~tlor. and co~p~_~t store are not needed. - There are other closed ~.as stations which look abandone~. Why are they cl~.~;d If business ls so good? - There is a Winn' Dixie across the street and also a nearby eonvenien' store adjacent on Lake Ida. These are sufficient. II. The troll_lc., pltust.lo_n_ is dangerous.l~n th.i?_area.~ --The exit from Wlnn Dixie on Lake Ida is already difficult to gate if one ts going left. I have seen accidents here. - Ralnberry Lake across the street has occupants entering and exlt- lng without the use of lights. This includes left turns. - The shopping area adjacent to Wlnn Dixie also has cars entering and exiting. - The delivery truck entrance for Wlnn Dixie is on Lake Ida. - The Capitol Bank and Drlve-In are at this corner. - The Lake Ida Restaurant generates much traffic. - There are .~any elderly residents coming into the Wlnn Dlxie area to purchase items at the Ekharts Drug Store. The traffic situation is already difficult for them. - The lights at the corner do not provide safe passage. There is a continuous flow of traf ie~~, and there is no provision for those exiting the Wlnn Dlxle Plaza to the left, coming from Ra~nberry Lak~ and turning left, and those coming out of the shopping area next to Wlnn Dixie. - There is a Day Care Center in this busy area. - If you add more traffic, then you will cause a situation which is presently being complained about on Llnton. Let that example suffic~ I have seen malls lose both customers and stores because, people become discouraged at the traffic III. Has an Environmental Impact Report been done for this preposal? If not, I would like to request one. IV. Conclusion A gas statlon and compact store are inappropriate uses of this land, and zoning should not be changed %o accommodate them. 1085 N.W. 19th Terrace Delray Beach, F1 33665 Hay 11, 1992 Planning and Zoning Board of Delray Beach 100 N.W. First Avenue Delray Beach, F1 33446 To Board Members{ We are hereby declaring - in writing - that we are totallz and absolutely_ R£posed to the proposed rezoning of the parcel of land on the northwest corner of Lake Ida Road and Congress Avenue. Unfortunately, we will be out of town on May 18th, and will be unable to attend the public meeting at which time this proposal will be discussed. We think it unconscionable that the issue, so vital to all who live in the Rainberry Lake complex, should be up for discussion at a time when so many of our residents will be gone for the season. Those who requested this meeting must have planned it purposely to avoid the full and vigorous protest it would otherwise receive. Such a development as proposed would cause a drastic change in our lives, and we believe, in the value of our property on 19th Terrace. 1. The traffic on Lake Ida Road, which currently makes it difficult to exit from our complex, would be increased and would probably lead to many accidents. 2. The noise from starting up of cars and trucks, bells from pumps, car radios as well as voices would totally ruin whatever peace and quiet tha~ now exist in our area. 3. The fumes from such a "fuel dispensing facility" that would come with the air currents that normally'come from that direction could not but detract from our health - not to mention the unpleasantness of the odors. Just how much more in danger is our property from the possiblity of fire, and how much will our fire insurance increase? 4. The lights that would be on to all hours would completely destroy one of our greatest Joys - watching the moon rise over our little lake and looking at the stars. The aesthetic pleasure we derive from the ambience of our home would be irretrievably lost. There are already three such stations at the next corner Just south of us. We cannot believe this addition would add to the welfare of the citizens of our city - and would do much to obliterate our own. Please, please do not allow this proposal to pass. It would destroy much of what we hold most dear. D Marilyn a~d Edwar tier PLANNING & ZONING May 8, 1992 CITYCOMMISS/0N Mayor Thomas Lynch 100 NW 1st Avenue Delray Beach, F1 33483 Dear Mayor Lynch, Please be advised that the Board of Directors of the Lake Ida Property Association opposes the rezoning of property located at the Northwest corner of Congress Avenue and Lake Ida Road to neighborhood commercial for the use of a gas station and convenience store. . This proposal further provides for the remainder of this property to be used as parks, recreation, and open space. We feel the placement of the gas station and convenience store adjacent to a park and recreation facility is inappropriate. There are already convenience stores in the vicinity of this property and they generally contribute to loitering and alcohol consumption. We support the following: 1.) Leave as currently zoned. 2.) Rezone for park recreation and open space only. 3.) Develop a comprehensive plan for the entire site to be reviewed by P&Z and the area residence before rezoning. May 14, 1992 Mr. Mark Krall Chairman City of Delray Beach Planning & Zoning Commission 100 Northwest First Avenue Delray Beach, Florida 33444 Dear Mr. Krall: It has come to the attention of the Board of Administration of the Pines of Delray North that plans have been proposed to build a gasoline station at the intersection located at the northwest corner of Lake Ida Road and Congress Avenue. Please be advised that this community of 1,500 residents is vehemently opposed to this consideration and feels strongly that this would not be in the best interests of our City. Further, it would be a serious detriment to the area by bring additional traffic to an already highly congested intersection that is reaching its traffic maximum. In addition, there are already three such stations a short distance south at the corner of Atlantic & Congress Avenues as well as two others east in the proximity of the United States Post Office. The final effect will be to lower property values and to further denigrate the City of Delray Beach. V~y truly yours Robert Penn President ~~2~--~ ~ 1~ : 4 I THE CRACCH I OLO GROUP P . 0 1 TIlE CRACCHIOLO May 20, 1992 Mr. Paul Dorling City Of Delray Beach 100 NW ].st Ave. Delray 8each, Fi 33444 Dear Paul: By this letter we are requesting that you rescheduie the City Co~tncil hearing from Tuesday, May 26 to Tuesday, June 23. We are requesting a zoning change from POC to NC regarding the 1.7 acre ~arcel located at Congress and Lake Ida Road. This rezoning is necessary to accommodate a Hess station. However, we need the NC zoning whether or not con~{itional use approval is granted for Hess. I trust there will be no problem with resoheduling this hearing. Please ].et us know as soon as possible that you have re- scheduled Sam Crac¢i ~olo, 3333 South Congress Ave, / Suite 400 / Delray Beach, Florida 33445 / (407) 243-9800