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46-92
ORDINANCE NO. 46-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN THE GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A PORTION OF TRACT "A", LINTON INTERNATIONAL PLAZA PLAT 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 51, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND 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 GC (General Commercial) District, as defined in Chapter Four of the Land Development Regulations of Delray Beach, Florida, to-wit: A portion of Tract "A", Layer's International Plaza Plat 2, according to the plat thereof as recorded in Plat Book 51, Page 3 of the Public Records of Palm Beach County, Florida, said portion of land being more particularly described as follows: Begin at the southwest corner of said Tract "A", thence N 02© 21'45" W along the Easterly right-of-way line of S.W. 10th Avenue for a distance of 203.38 feet to a point; thence N 42o37'22'' E for a distance of 35.35 feet to a point; thence N 87o36'28'' E along the southerly right-of-way line of Linton Boulevard for a distance of 81.14 feet to a point; thence S 02o21'45'' E for a distance of 231.79 feet to a point on the south line of said Tract "A"; thence along the southerly line of Tract "A", S89© 27'25" W for a distance of 106.19 feet to the Point of Beginning. The above-described parcel contains 0.553 acres of land, more or less. The subject property is located at the southeast corner of Linton Boulevard and S.W. 10th Avenue, 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.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 immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 27~h day of m~h~ , 1992. ATTEST: City Clerk~ First Reading September 22, 1992 October 13, 1992 (Continued) Second Reading October 20, 1992 (Continued) October 27, 1992 -2- Ord. No. 46-92 $.W. lOTH ST~££T WALLACE ~fALLA(:E FORO NISSAN LINTON BOULEVARD INTERNATIONAL CIRCUIT ROSS COSTCO N LINTON INTERNATIONAL PLAZA CHECKERS RESTAURANT MEMQRANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~l~/~, SUBJECT: AGENDA ITEM # ~ C - MEETING OF OCTObeR 27. 1992 QRDINANCE NO. 46-92 DATE: OCTOBER 23, 1992 This item involves an ordinance rezoning and placing land presently zoned PC (Planned Commercial) district in the GC (General Commercial) district; said land being located at the southeast corner of Linton Boulevard and S.W. 10th Avenue (western portion of Linton International Plaza). At a continuation of the public hearing at the special meeting of October 20th, concerns were raised with respect to internal traffic patterns and the potential effect of the Checkers Restaurant on traffic flow within Linton International Plaza. On a 4-1 vote (Dr. Alperin dissenting), the Commission closed the public hearing, deferred final action to October 27th, and requested additional information from the applicant in terms of a traffic impact study. This report will be made to the Commission at the regular meeting. The proposed rezoning is to accommodate a free-standing 766 square foot drive-thru and walk-up Checkers Restaurant. Restaurants are allowed as a permitted use within the PC zone district. However, within the PC zone di strict, the minimum square footage for a free-standing building is 6,000 square feet. As there are no minimum square footage requirements for restaurants in the GC zone district, rezoning is requested. At their September 21 st meeting the Planning and Zoning Board recommended approval of the rezoning by a 6-1 vote. At first reading, Mr. Mouw moved for adoption of Ordinance 46-92, seconded by Mr. Randolph; upon roll call the motion passed on a 3-2 vote (Dr. Alperin and Mr. Andrews dissenting). Recommend approval of Ordinance No. 46-92 on second and final reading. CITY COMM I S S I ON DOCUMENTAT I ON TO~ D~ID T. HARDEN, CITY MANAGER FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF OCTOBER 13, 1992 SECOND READING~ ORDINANCE REZONING FROM PC TO GC'~ (CHECKERS) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of this rezoning ordinance on second reading. SUPPLEMENTAL INFORMATION: At first reading, this ordinance was approved on a 3-2 vote after discussion ensued regarding policy implications pertaining to out-parcel development and strip commercial development. Both of these items were considered by the Planning and Zoning Board~' which~ on a 6-1 vote, made findings - based upon the specifics of this situation - that the requested rezoning was not inconsistent with the Comprehensive Plan. Factors which were considered in making that determination included: - that there was no change in ingress/egress to the shopping center; - that there will be architectural consistency between proposed development and the existing center; - that the new development will follow the same pattern of other structures in the shopping center i.e. will not be a typical outparcel. Given that the Planning and Zoning Board carefully considered the above information and, by a 6-1, vote recommended approval, if the City Commission fails to approve the rezoning, specific policy direction should be provided. DJK/CCCHECK.DOC ~OMPA~Y $t 01-O6-1992 POP-FACTS% FULL DATA REPORT CENSUS ' Se, UPDATES & PROJECTIONS BY EQUIFAI MARKETING DECISION SYSTEMS 8Oe-877-5560 PREPARED FOR LANCORE REALTY I-OS & LIITON BLVD SITEI 410 DBLRAY BRACH COORDt 26t26.40 SO,eS.Se DlSCRIPTION RADIUS RADIUS RADIUS POPULATION 1996 PROJBCTION 7,740 38,972 78,199 1991 BSTIHATE 6,916 34,366 67,724 198e CBHSU8 5,253 25,044 46,200 1970 CENSUS 2,815 14,198 23,231 GIOMTH 70-80 85.60% 77.52% 98.88% HOUSBHOLD8 1996 PROJICTZON 3,315 17,S35 37,8S4 1091 BSTZHATB 2,891 15,4e5 32,e25 1980 OlISU8 1,058 10,357 20,115 1970 CINSU8 726 4,332 7,751 GROWTH ?e-so 169.62% 139.09% 159.54% POPULATZO# ET RACR& 8PAHISH ORIGIN S,253 25,044 46,200 WHITI 58.90% 69.98% 7'9.78% 'BLACK 39.31% 29.46% 18.90% MRZ~All ZHDIAN 0.04% O.eS% 0.06% ABZAI & PACXFXC XSLAHDER 0.16% e.12% e.18% OTHER RACES 1.58% 1.224 1.07% 8~AIIZSH ORZGIM - NB# CATEGORY 6.92% 4.93% 3.84% 0CCU~ZBD UIIT8 1,958 10,357 20,116 OMIBR OCCUPIED 74.03% 74.81% 79.50% IB~ITBR OCCUPIBD 25.97% 25.19% 20.59% 1980 PIRSONS PER HOUSBHOLD 2.66 2.40 2.28 YIAR ROUiD UiIT8 AT ADDRESS 2,342 13,168 26,214 8ZIGLB UiZT8 58.62% 54.70% 59.66% 2 TO 9 UiITS 26.62% 22.014 18.434 IO+ UiITS 13.524,. 21.944 20.62% KOBZZ,B HONE OR TRAILER 1.244' 1.364 1.284 · SIJGLB/HULTIPLE UNIT RATIO 1.46 1.24 1.53 ~991BSTZHATID HOUSBHOLD8 BY INCOHE 2,891 15,405 32,025 $?S,OOO OR MORE 8.144 13.244 13.99% · $50,O00 TO $74,999 ( 13.O84 14.34% 14.194 $35,OOO TO $49,999 19.084 18.304 17.80% $25,004 TO $34,999 17.434 16.124 16.554 $15,OO0 TO $24,999 18.724 17.354 18.734 $?,500 TO $14,999 13.484 12.124 . 11.944 UiDII $7,500 10.O74 8.53% 6.80% 1991 ISTZMATID AVERAGB HH INCOME $35,069 $43,112 $43,908 1991 E8TZMATND MEDIAN HH INCOME $28,370 $32,936 $33,866 19911STZJ(ATED PER CAPITA INCOME $14,778 $18,995 $20,522 01-06-1992 POP-FACTSI FULL DATA REPORT CENSUS ' 80, UPDATES & PROJECTIONS BY EQUIFAX HARKBTING DECISION SYSTEHS 809-877-5560 PREPARED FOR LANCORE REALTY LINTOE BLYD SITEt 415 BRACH COORD~ 26s26.49 SO,eS.Se ~.O MILE 2.e MILE 3.0 MILE DESC~ZPTIOE RADIUS RADIUS RADIUS 199& PROJECTION 7,740 )~,v?3 199~ IBTXHAT~ 6,916 34,366 67,724 1980 CI~SUS 5,253 25,e44 46,209 1970 CNNSU8 2,815 14,198 '23,231 GIG#TH 70*80 86.60% ??.52% 96.88% HOUSEHOLD8 ~tJ% PIOJBCTZOM 3,315 17,835 37,854 1991 ISTZHATE 2,891 ls,4es $2,e2s 1980 CBHSU8 1,058 10,357 20,116 ~97% ~IHBU8 726 4,332 7,751 GROWTH 70'80 169.62% 139.09% 159.54% ~OPULATZON BY PACE & 8PAtlISH ORIGIN 5,253 25,O44 WllITE 58.90% 69.e8% 79.7e% BLACK 39.31% 29.46~ AMERICAN ZMDZA# 0.04% e.e5% 0.06% AIZAI & VACZrIc I8LAHDBR O.16% e.19% 0.18% OTHBR RACBS 1.58% 1.22% SPAIZSH ORIGIN - NE# CATEGORY 6.92% 4.93% 3.84% OC~U?ZID UNITE 1,958 10,357 ~ O~CU~ZED 74.03% 74.81% 79.50% IIITBI O~CU~ZID 25.97~ 25.10% 20.50% 1980 ~IRSONS PBR HOUSBHOLD 2.66 2.40 2.28 . YEAR ROUND UNITS AT ADDRESS 2,342 13,168 26,214 EXNGLE UNXTS 58.62% 54.70% 59.66% 2 TO 9 UNXT8 26.62% 22.e1% 18.43% I0. UIXT8 13.52%,. 21.94% 20.62% MOBILE HOME OR TRAXLBR 1.24%' 1.36% 1.28% BLNGLB/MULTXPLE UNIT RATIO 1.46 X.24 1.53 ~991 18TXHATID HOUSEHOLD8 BY IXCOHE 2,891 15,405 32,e25 8TS,OeO OR MORN 8.14% ~3.24% 13.99% 850,000 TO $74,999 { 13.08% 14.34% 14.19% $35,000 TO $49,999 19.O8% 18.30% 17.80% 825,OOO TO 834,999 17.43% 16.12% IS.SS% 815,000 TO 824,999 18.72% 17.35% 18.73% 87,SO0 TO $14,999 13.48% 12.~2% . 11.94% UNDER 87,50~ 10.O7% 8.53% 6.80% 1991ESTIHATBD AVEPAGB HH INCOME $35,~69 343,112 $43,9~8 1991 B8TIHATBD HBDIAN HH INCOME $28,37~ 332,936 $33,866 1991 NflT/~(ATBD PER CAPITA INCOME $14,778 318,995 $2~,522 ~OHP~Y 9~ 01-e6-1992 POP-FACTSs FULL DATA REPORT CENSUS ' 8e, UPDATES & PROJECTIONS BY EQUIFAX MARKETING DECISION SYSTEMS 800-877-5569 PREPARED FOR LANCORE REALTY ~'95 & LINTON BLVD SITE~ 410 DBLRAY BEACH COORDs 26526.40 SO.OS.Se ' ............................................................... 1.0 HILT 2.0 HILT DlSCRXPTXOI RADIUSRADIUS RADIUS POPULATXOH 1996 fROJBCTXO# 7,749 38,972 78,199 1991 NSTXHATE 6,9~6 34,366 67,724 lt8e ¢INBU8 5,253 25,044 46,209 1970 CENSUS 2,815 14,108 23,23! ~IO#TH 70-80 86.60% 77.52% 98.88% HOUSEHOLD8 ~996 PROJNCTION 3,3~5 17,835 37,854 199~ ESTIMATE 2,80 5,4es 32,e25 ~980 CIISU8 X,958 X0,357 2O,XX$ i*TO ~BNBU8 72S 4,332 7,751 OIO#TH 70-80 ~$0.624 139.094 159.544 ~O~ULATION BT RACE a SPANISH ORIOIH 5,253 25,044 46,2eo WHITN S8.904 69.08% 7.9.78% BLACK 39.314 29.46% 18.004 pamRxcAu INDXA 0.e44 e.e54 e.e64 ASZAII & PACIFIC ISLANDER e.~64 0.~94 OTHER RACES 1.sm% 1.224 ~.074 8~AII~SH ORIGIN - NB# CATEGORY 6.92% 4.93% 3.84% OC0UPZID UI~TE 1,958 1e,357 O4IIBR OCCUPIED 74.03% 74.814 79.504 IBIITIR OCCUPIED 25.97% 25.Xg% 2e.504 X980 PERSON8 PER HOUSEHOLD 2.66 2.40 2.28 YEAR IOUND UNITS AT ADDRESS 2,342 13,168 26,214 SINGLE UNITS 58.62% 54.70% 59.66% 2 TO 9 UNITS 26.62% 22.014 18.434 10+ UNIT8 13.52%.. 21.044 20.62% MOBILE HOME OR TRAILER 1.244' 1.364 1.284 SZIIGLB/HULTIPLE UHIT RATIO 1.46 1.24 ~991 18TIHATID HOUSEHOLD8 BY IJCO~S 2,80~ 15,405 32,025 STS,OOO OR MORE 8.144 13.244 13.99% SSS,COO TO $74,999 { 13.O84 14.344 14.194 $3S,000 TO 349,999 19.084 18.304 17.804 $25,000 TO $34,999 17.434 16.124 16.554 $1S,~e TO $24,900 18.724 17.354 18.734 $?,SeO TO $14,999 13.484 12.124 . 11.944 UNDIR $7,S~e 1~.e74 8.53% 6.8~% 1991 ESTXHATND AFBRAGE HH INCOHB $35,069 $4.3~112 $43,908 1991 ESTIMATED MEDIAN HH INCOHB $28,370 '$32,935 $33,866 1991 ISTZHATBD PER CAPITA IHCOHB $14,778 $18,995 520,522 ~OHPk~Y t~ O1-96-1992 POP-FACTS% FULL DATA REPORT '~ .... CENSUS ' 8e, UPDATES & PROJECTIONS BY EOUIFAI MARKETING DECISION SYSTEHS 80e-877-5560 PREPAItID FOR LANCORB REALTY 1-95 & LIITON BLVD SITE% 410 DBL3UkY B~ACH COORDI 26126.%0 SO%OS.Se DBSCRZPTIOE RADIUS RADIUS RADIUS POPUI,ATXOI 199% PROJICTION 7,74e 38,972 78,199 1991 18TXHATE 6,916 34,356. $7,724 198e CEISUS 5,253 25,G44 197e CENSUS 2,815 14,108 23,231 G~OWTH 7e-se 86.6e% 77.52% 98.88% HOUSIHOLD8 ~996 PROJECTION 3,315 17,835 37,854 1'91 ISTXKATI 2,891 lS,4eS 32,G25 1980 CBBBU8 1,958 10,357 20,116 19~G ~BNSU8 ~26 4,332 7,751 GROWTH 70'80 169.62% 139.O9% 159.54% POPULATION BT RACE & SPANISH ORIGIN 5,253 2S,e44 46,209 WHITE 58.90% 69.08% 79.78% BLACK 39.31% 29.46% 18.99% AMIRZCAIi INDIAN 0.04% 0.05% 0.06% AIXAI & PACIFIC ISLANDER O.16% e.19% 0.18% OTHER ltACBE ~.58% 1.22% 8PAliSH ORIGIN - NB# CATEGORY 6.92% 4.93% 3.84% SMILE O~CUPIBD 74.03% 74.81% 79.50% IBITIR OCCUPXED 25.97% 25.19% 2e.se% ~980 PBRSOHS PBR HOUSBHOLD 2.66 2.4e 2.28 . FIAR ROUHD UNITS AT ADDRESS 2,342 ~3,~68 26,2~4 8ZIGLE UNITS 58.62% 54.70% 59.66% 2 TO 9 UIZT8 26.62% 22.e~% 18.43% LO~ UNIT8 13.52% . 21.94% 20.62% MOBILE HOWl OR TRAILER 1,24% ~.36% 1.28% SXII~LB/HULTIPLE UNIT RATIO 1.46 ~.24 1.53 L99~ BSTXHATBD HOUSEHOLD8 BY IMCOHE 2,801 15,4e5 32,e25 · $TS,OOO OR KORE 8.14% 13.24% 13.99% SSS,OeO TO $74,999 ( 13.08% 14.34% 14.19% $35,000 TO 349,999 19.08% 18.30% 17.80% · $25,00% TO 834,999 17.43% 16.12% 16.55% $15,000 TO $24,999 ~8.72% 17.35% 18.73% $7,500 TO $14,999 13.48% ~2.12% . 11.94% UIDIR 87,500 10.O7% 8.53% 6.80% ~9Jl ISTIMATID AVIRAGE HH INCOHE $35,e69 $43,112 $43,908 ~99~ BSTIKATBD MEDIAN HH INCOHR $26,370 $32,936 $33,866 1991 ISTXHATBD PER CAPITA INCOME $14,778 $18,995 $2e,522 TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER I~ SUBJECT: AGENDA ITEM % ~P3 - MEETING OF OCTOBER 20. 1992 QRDINANC~ NO, 46-92 DATE: October 16, 1992 This item is before you for continuation of the Public Hearing held at the October 13, 1992 regular meeting and involves an ordinance rezoning and placing land presently zoned PC (Planned Commercial) district in the GC (General Commercial) district; said land being located at the southeast corner of Linton Boulevard and S.W. 10th Avenue. The proposed rezoning is to accommodate a free-standing 766 square foot drive-thru and walk-up Checkers Restaurant. Restaurants are allowed as a permitted use within the PC zone district. However, within the PC zone district, the minimum square footage for a free-standing building is 6,000 square feet. As, there are no minimum square footage requirements for restaurants in the GC zone district, rezoning is requested. At their September 21st meeting the Planning and Zoning Board recommended approval of the rezoning by a 6-1 vote. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 46-92 on second and final reading. Previous Commission Action: ~~_~J Mr. Mouw moved for the adoption of Ordinance No. 46-92 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - No. Said motion passed with a 3 to 2 vote. PLANNING & ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT--- MEETING DATE: September 21, 1992 AGENDA ITEM: IV.D. ITEM: Rezoning from PC to GC for the Western Portion of the Linton International Plaza, in conjunction with the Establishment of a Checkers Drive-Thru Restaurant ., ,.0" .. .... :,, ...... - GENERAL DATA: Agent ......................... Robert ~, ~aseha~t U~ban Design Studio ~ocatJon ...................... At the southeast Boulevard and S~ 10th Avenue, EtoEett~ Sl~e ................. 0.553 Clt~ ~and Use ~lan ............ Gene~al C~t~ ~on~ng ................... ~C (~lanned Co~e~c~al) ~o~osed ~on~ng ............... ~ (Gene~al Adjacent ~on~ng ......... Ro~Lh~ ~ (Nult~le ~am~l~ Res~dentJa~ - Medium Density) East: PC South: S~ (Special Activities District) West: PC Existing Land Use ............. Parking lot for existing retail center. Proposed Land Use ............. ~66 square foot drive-in restaurant with attendant parklng · ~ lot. Water Service ................. Existing 10" water main along Linton Bouleward, and existing 10" main along SW 10th Avenue. Sewer Service ................. Existing 8" sanitary sewer line serving Llnton International IV.D. Plaza. ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation on a rezoning request from PC (Planned Commercial) to GC (General Commercial). This rezoning is being sought in order to accommodate a land use with a building of less than 6,000 sq.ft. (Checkers Restaurant). The subject property is located at the southeast corner of Linton Boulevard and S.E. 10th Avenue. BACKGROUND: Linton International Plaza has an extensive land use history since 1984. The following background is being provided with respect to major land use requests for the property. At its meeting of September 25, 1984, the City Commission approved a request to annex an 18.82 acre parcel of land, between S.W. 10th Avenue and S.W. 4th Avenue for Linton International Plaza (fka Linton Square at Layer's & Laver's International Plaza). At the same meeting, the City Commission approved a request for SAD (Special Activities District) zoning, site plan and conditional use approval for Linton International Plaza via Ordinance No. 54-84. The uses allowed under this particular SAD zoning were restricted to "hotel--and" limited commercial uses". The development proposal included the existing plaza (west 9 acres) and a proposed hotel/conference center (east 9 acres, now Costco). The initial petition stated that the commercial uses were to be in conjunction with Laver's Resort. In January 1985, Plat I and Plat 2 were approved by the City Commission. The plats involved the western 9 acres of the development: Plat I - existing shopping center ; Plat 2 - existing bank building. The eastern 9 acres was not platted. At its meeting of July 17, 1989, the Planning and Zoning Board recommended approval of a rezoning request from SAD to CC (Community Commercial) for the east 9 acres to accommodate Costco. On August 8, 1989, the City Commission approved the rezoning request to CC. The property was platted separately and is no longer part of Linton International Plaza. The Plaza remained zoned as SAD until the Citywide Rezoning of October 1990, at which time the property was rezoned to PC (Planned Commercial). The limited commercial uses that were allowed with the SAD are similar to the uses allowed in the PC and GC (General Commercial) zone districts. There have been site plan modifications processed for Linton International Plaza which include landscape changes, parking space additions and minor additions i.e. awnings. On August 10, 1992, a request was made to rezone the westernmost 106.19' of Tract "A", Linton International Plaza Plat 2 (0.55 acres) from PC to GC and is now before the Board for action. P & Z Board Staff Report Rezoning PC to GC for Checkers Restaurant Page 2 PROJECT DESCRIPTION : The proposed rezoning is to accommodate a free standing 766 sq. ft. drive-thru and walk-up restaurant. Restaurants are allowed as a permitted use within the PC and GC zone districts. However, within the PC zone district, the minimum square footage of a free-standing building is 6,000 sq. ft., whereas, there is no minimum square footage requirement within the GC zone district. The associated development proposal consists of the following: * Installation of a 766 sq. ft. pre-manufactured modular, commercial building. * 650 sq. ft. of outside dining area; * Two (2) drive-thru lanes and windows (one on the east side and one on the west side of the building); * 18 parking spaces along with associated landscaping; * Elimination of 32 ~-exist~ing parking spaces to accommodate the building and associated improvements. ZONING ANALYSIS: REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to_approve or deny the development application. These findings relate to the following four areas. IFUTURE 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 subject property has a General Commercial land use plan designation and is currentl¥~.zoned PO .(Planned CommercialS..-. The. proposed zoning of GC (General Commercial) is compatible with the General Commercial land use plan designation. Thus, it is appropriate to make a positive finding with respect to consistency with the land use plan designation. P & Z Board Staff Report Rezoning PC to GC for Checkers Restaurant Page 3 ICONCURRENCY:I 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 and Sewer: Water and sewer plans are not required for a rezoning request, however the following information is provided: * Existing 10" water mains are located along the south side of Linton Boulevard and the west side of S.W. 10th Avenue. An existing 8" water main is located on the Linton International Plaza site, to the east of the Carney Bank building. * Additional fire hydrant locations may be required. * An existing 8" sanitary sewer main is located to the south of the proposed structure within an existing utility easement.' Drainage: With the development of the Linton International Plaza, drainage was accommodated via sheet flow to-swale and landscape areas. The change in zoning does not affect Drainage concurrency. Drainage details will be addressed by SPRAB (Site Plan Review and Appearance Board), with the full site plan submittal. Streets and Traffic: A traffic impact study was not provided with the rezoning request. The uses permitted in the PC and GC zoning districts are of a similar intensity, and -a traffic analysis is not required at this level. However, with a full site plan submittal, a traffic impact study must be provided and a positive finding of concurrency with respect to traffic must be made. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. The open space requirements may be met by applying Section 4.6.16(H)(3) (Perimeter and Interior Landscaping Requirements). These requirements must either be met or appropriate waivers or variances obtained with the full site plan submittal. A minimum 25% non-vehicular open space shall be provided. P & Z Board Staff Report Rezoning PC to GC for Checkers Restaurant Page 4 Solid Waste: There is no difference in allowable uses between PC and GC zoning; thus there is no impact with respect to concurrency. ICONSISTENCY:I 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): 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, consideration should be given to increasing the depth o~-do-~-~al--~onIng order to provide for better project design. (Land Use Element A-1.3) If rezoning from PC to GC is approved, the minimum building size requirement of the PC zone district (6,000 sq.ft.) will be removed. That requirement generally prohibits fast food restaurants which are typically located within a free standing structure of less than 6,000 sq.ft. Construction of a similar restaurant, attached to the existing structure, would not be prohibited since the requirement deals with floor area and not use. Based on the information provided, the proposed restaurant will not create the need for additional ingress/egress points, which is a concern with strip commercial development. The depth of the property (230 feet) is sufficient to accommodate the proposed development without compromising code requirements i.e. adequate interior traffic circulation, parking and landscaping. 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-'~se% The proposed use is compatible with the adjacent commercial and office uses provided the building's architectural style is similar to the existing commercial development. Pursuant to Section 4.6.18 (Architectural Elevations) outbuildings within a shopping center shall be compatible in terms of color, materials, and architecural style. With review of the building elevations, the Site Plan Review and Appearance Board must make a finding of compatibility prior to approval of outbuilding elevations. P & Z Board Staff Report Rezoning PC to GC for Checkers Restaurant Page 5 Compatibility with the existing residential developments to the north (Southridge Village Condominium) and south (Laver's North) is not a major concern. However, the sketch plan shows two drive thru windows which have a north/south orientation with vehicles facing north. To the east, the existing Carney Bank has drive thru lanes oriented the same direction. The Bank drive thrus are typically closed after 6:00 P.M. The Checkers will be open until approximately 11:00 P.M., thus headlights will be illuminating north towards the condominiums. As the condos are north of a perimeter wall and approximately 300' north of the drive thru windows the affects of illumination should be minimal. Section 2.4.5(D)(5). (Rezoninq Flndinqs): Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning_had p=evtausly..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 submitted a justification statement which states the following: "The reason this rezoning request is being proposed is to accommodate the construction of a 766 sq.ft. Checkers drive-through restaurant at the west end of the Lavers Plaza #2 plat. Currently the property is zoned PC which requires that all buildings be a minimum of 6,000 square feet. The proposed facility will be both physically and functionally compatible with the existing office building on the site and will improve the economic viability of the project. The location and design of the Checkers facility will not adversely impact the office uses~on...the-site.-..In fact, the tenants of the office building have expressed their pleasure with the proposal. The property is designated as commercial in the City's Comprehensive Plan and General Commercial zoning is completely consistent with PC zoning uses which surround the site and are predominant in the area. The proposed use will provide a comfortable, clean, efficient and inexpensive place for workers in the surrounding area, as well as area residents, to obtain P & Z Board Staff Report Rezoning PC to GC for Checkers Restaurant Page 6 and/or eat meals. The architecture of the proposed building will be compatible with the adjacent and surrounding buildings. Therefore, the proposed rezoning is consistent with the high intensity commercial zoning that exists on the property now. The use will provide a needed and compatible servi~e to the area and the appearance of the facility will be compatible with the existing character of the area." The justification statement appears to address the third finding, that is, that the requested zoning is of similar intensity as allowed on the Future Land Use Map and that it is more appropriate for the site. The uses allowed under GC zoning are similar in intensity to the PC zoning. However, whether or not the GC zoning is more appropriate based upon circumstances particular to this site is questionable. Given the fact that a similar commercial use could be added on to the existing structure under the current zoning, the GC zoning is at least as appropriate as the PC zoning. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives are noted. ............... Land Use Element Objective A-1 - Vacant property shall be developed in a manner so that the future use and intensity is appropriate ans complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. (bl, bJ) A. Physical Considerations - There are no special physical or environmental charactersitics of the land that would be negatively impacted by the requested zoning. B. Complimentary with Adjacent Land Uses - The proposal will be complimentary with the adjacent commercial uses and should not adversely impact the residential uses to the north and south. C. Fulfills Remaininq Land Use Needs - There are two existing fast food restaurants (McDonald's and Kentucky Fried Chicken) and three more proposed (Wendy's, Taco Bell & Arby's) along the south side of Linton within this area. These restaurants are being built in response to ~recent market changes in the general area, such as the development of residential communities and nearby commercial developments. The placement of fast food and other restaurants adjacent to retail centers allows for the combining of trips and provides a convenience to residents in the area. P & Z Board Staff Report Rezoning PC to GC for Checkers Restaurant Page 7 Land Use Element Objective A-1.3 - Additional strip commercial zoning on vacant properties shall be avoided. This policy shall not preclude rezonings on land that at the time of rezoning has improvements on it. Where existing strip commercial areas or zoning exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. This objective was included under "Standards for Rezoning Actions" (Section 3.3.2) which was discussed on page 4 of this report. ICOMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:I If the Rezoning is approved, a full site plan submittal complying with the Land Development Regulations will be required. A sketch plan was submitted with the rezoning request which shows a take-out window along Linton Boulevard and a drive-thru window along S.W. 10th Avenue. It is noted that pursuant to Section 4.6.18(B)(9), "take-out" or "pick-up" windows or doors of retail or wholesale establishments shall not be located on a building facade that faces a public right-of-way, unless they are designed in a manner as to be an aesthetic asset to the building and neighborhood. This is an item that will be addressed with SPRAB review of the full site plan submittal. REVIEW BY OTHERS : The rezoning is not in a geographic area requiring review by the CRA (Community Redevelopment Agency), the DDA ( Downtown Development Authority), or the HPB (Historic Preservation Board ). If the rezoning is approved-,--a'-s'~t~-'-pi~'~ f0r the deV~lop~en-t--- will be submitted for review by the Site Plan Review and Appearance Board. Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Courtesy notices were provided to the tenants of Linton International Plaza. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. P & Z Board Staff Report Rezoning PC to GC for Checkers Restaurant Page 8 ASSESSMENT AND CONCLUSION: Rezoning from PC to GC will allow development of a free standing building having less than 6,000 sq.ft. With respect to Consistency findings, given the configuration of the property, it may be argued that any development of a strip commercial nature; and hence contrary to Land Use Element Policy A-1.3. However, normal features of strip development such as seperate ingress/egress will not occur. Further, the architectural style of this structure must be compatible with Linton International Plaza, which will provide uniformity and less contrast. Positive findings with respect to the Future Land Use Map can be made. If the rezoning is approved, a traffic impact study must be submitted which addresses Traffic Concurrency. Positive findings with other level of service standards and the Land Development Regulations are anticipated with the full site plan submittal. ALTERNATIVE ACTIONS ~ A. Continue with direction. B. 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). C. Recommend denial of the rezoning request based upon a failure to make a positive finding with respect to Chapter 3.3.2 (Compatibility), and that pursuant 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 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). Attachments: * Location Map * Sketch Plan T:RECHECK.DOC Povemen[ 5tm. 5~m. u~ u~ Set Set 70' woter Line Concrete Curb & Gu~}~ ~ PCP I . .5~ .. ~ A ~p h ol t Po ye ~ 18.3 14.7' ~ L/S~ 0,5' Conc. cor ~ Btam. ~ ~ 12.9' - ~ ~ ~ ~] ~'~ --- 12' Utility Easement ~ Son ~ g~l set.ce eost of odjocent Bldg.( '-- 72. 85 I ~ Elec. -- -- -- 8~. 70 Set ~ PCP SIP , ~o ~ SIP O~ .-~ 0 CDC 0 S.W. IO?H STREET WkL.LA~... WALLAC£ F'ORD NISSAN LI NTON BO U LEYARO INTERNATIONAL PLAZA ClT~UIT ROSS co~rco CiTY LAVE:R'S NORTH LINTON INTERNATIONAL PI. AZ C!-,ECKERS RESTAURANT MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~1 SUBJECT: AGENDA ITEM #/O ~ _ MEETING OF OCTOBER 13. 1992 ORDINANCE NO. 46-92 DATE: October 9, 1992 This is the second reading of an ordinance rezoning and placing land presently zoned PC (Planned Commercial) district in the GC (General Commercial) district; said land being located at the southeast corner of Linton. Boulevard and S.W. 10th Avenue. The proposed rezoning is to accommodate a free-standing 766 square foot drive-thru and walk-up Checkers Restaurant. Restaurants are allowed as a permitted use within the PC zone district. However, within the PC zone district, the minimum square footage for a free-standing building is 6,000 square feet. As, there are no minimum square footage requirements for restaurants in the GC zone district, rezoning is requested. At their September 21st meeting the Planning and Zoning Board recommended approval of the rezoning by a 6-1 vote. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 46-92 on second and final reading. Previous Commission Action: Mr. Mouw moved for the adoption of Ordinance No. 46-92 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor'Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - No. Said motion passed with a 3 to 2 vote. TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM #. /~ - MEETING OF SEPTEMBER 22, 1992 ORDINANCE NO. 46-92 DATE: September 18, 1992 This is the first reading of an ordinance rezoning and placing land presently zoned PC (Planned Commercial) district in the GC (General Commercial) district; said land being located at the southeast corner of Linton Boulevard and S.W. 10th Avenue. The proposed rezoning is to accommodate a free-standing 766 square foot drive-thru and walk-up Checkers Restaurant. Restaurants are allowed as a permitted use within the PC zone district. However, within the PC zone district, the minimum square footage for a free-standing building is 6,000 square feet. As, there are no minimum square footage requirements for restaurants in the GC zone district, rezoning is requested. The Planning and Zoning Board will consider this item at their September 21st meeting. A report will be made of the Board's findings and recommendations at Tuesday evening's meeting. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 46-92 on first reading, subject to the findings and recommendations of the Planning and Zoning Board. PLANNING AND ZONING BOARD MEMORANDUM TO: MAYOR AND CITY COMMISSION MEMBERS FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING DATE: SEPTEMBER 22, 1992 SUBJECT: PLANNING AND ZONING BOARD ACTIONS ON ITEMS BEFORE THE CITY COMMISSION ON THIS EVENING'S AGENDA At last night's Planning and Zoning Board meeting consideration was given to several items which are 'before the Board this evening. These items and the Board's action is as follows: Commission Aqenda Items~ Group 8, Consent Agenda J. Re: Opposition to Amendment to Broward County Trafficways Plan and Request to Palm Beach County BOCC re University Parkway * Per staff recommendation, 7-0 vote. Commission Agenda Items~ Group 9~ Regular Agenda F. Submission Requirements re Waterford SAD * Agreement was reached. There will be no further appeal. THIS ITEM SHOULD BE DELETED FROM THE AGENDA. Commission Agenda Items~ Group 12~ First Readinqs of Ordinances: Ordinance 47-92~ Changes to SAD District Regulations and accommodation of a new expiration date for Marina Cay (8/95). * Recommendation of Approval on a 4-3 vote (Currie, Beer, Kiselewski dissenting) To: Mayor and City Commission Members Re: Planning and Zoning Board Actions on Items Before the City Commission on this Evening's Agenda September 22, 1992 Page 2 Ordinances 49-92 & 50-92: FLUM Amendment and Rezoning on a portion of public land (Veterans Park parking lot) to accommodate an outside deck at Atlantic Plaza. * Recommendation' of DENIAL on a 5-2 vote (Felner and Currie dissenting) Ordinance 46-92: Rezon£ng from PC to CG, Linton International Plaza * Recommended APPROVAL on a 6-1 vote, (Kellerman dissenting) Ordinance 45-92: Rezoning from RM to R-l-AA, Ocean Cay Plat * Recommended APPROVAL on a 7-0 vote. Ordinance 48-92: Text (LDR) Amendment re POC Supplemental District Regulations * Recommended APPROVAL on a 7-0 vote. DJK/cm C: City Manager City Clerk DJK/T:CCINFORM.DOC CITY COMMISSION DOCUMENTATION TO: /--DAVID T. HARDEN, CITY MANAGER THRU:~D~ J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: COSTELLO, PLANNING TECHNICIAN II SUBJECT: MEETING OF SEPTEMBER 22, 1992 FIRST READING OF ORDINANCE NO. -92 - REZONING PROPERTY AT THE SOUTHEAST CORNER OF LINTON BOULEVARD AND S.W. 10TH AVENUE FROM PC (PLANNED COMMERCIAL) TO GC (GENERAL COMMERCIAL). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of the rezoning ordinance affecting the west 106.19' of Tract "A", Linton International Plaza Plat 2. The proposed zoning is to accommodate a land use with a building of less than 6,000 sq.ft. (Checkers Restaurant). The project is located at the southeast corner of Linton Boulevard and $.W. 10th Avenue. BACKGROUND: The subject property is located at the west end of the Linton International Plaza development. The proposed rezoning is to accommodate a free-standing 766 sq.ft, drive-thru and walk-up restaurant (Checkers Restaurant). Restaurants are allowed as a permitted use within the PC and GC zone districts. However, within the PC zone district, a minimum square footage of a free-standing building is 6,000 sq.ft., whereas, there is no minimum square footage requirement within the GC zone district. If the Rezoning is approved, a full site plan submittal complying with the Land Development Regulations will be required. An analysis of the request in found in the attached Planning and Zoning Board Staff Report. City Commission Documentation Meeting of September 22, 1992 First Reading of Ordinance No. -92 - Rezoning Property From PC To GC (Southeast corner of Linton Blvd. & S.W. 10th Ave.) Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board will formally review this item at its meeting of September 21, 1992. The Board's recommendation and comments will be presented at the September 22nd City Commission meeting. RECOMMENDED ACTION: By motion, approval of Ordinance No. -92 on First Reading and setting of a public hearing date of October 13th. Attachments: * P & Z Board Staff Report & Documentation of September 21st * Copy of Ordinance No. -92 JC/T:CCRCHECK.DOC