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LEGAL APPROVAL (17 ;\1 '\ ::-. i'I_''''~~_:~_ :__..-j~_;":-,' , ',J ,'.J \> ' The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Rorida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org May 4,2004 Ms Anna Yes key Clearinghouse 9835-16 Lake Worth Road, Suite 223 Lake Worth, Florida 33467 Re: File No. LUAR 04-005 Location: 902 N.E. 3rd Street, Boynton Beach, FL, 33435 Dear Anna: Attached is the completed Executive Summary for the above-reference Comprehensive Plan Amendment. If further information is needed, please contact me at (561) 742-6264. Sincerely A~ Dick Hudson, Senior Planner Encl: DOCUMENT1 Page 1 of2 EXECUTNE SUMMARY FOR COMPREHENSNE PLAN AMENDMENTS DATE: 05/04/04 Reference # LUAR 04-005 General Information Initiating Local Government: City of Boynton Beach Contact Person: Dick Hudson, Senior Planner Address: 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33425 TelephonelFax: (561) 742-6264/(561) 742-6259 fax Applicant! Agent Carl A. Cascio, P.A. TelephonelFax: 561-274-7473/561-8305 Proposed Comprehensive Plan Textual Amendments General Summary of Amendments: _ amendments relating to traffic circulation or the roadway networks _ amendments relating to affordable housing Amendments related to the following elements: .1L land use - traffic circulation - mass transit _ ports and aviation _ housing - infrastructure sub-elements _ coastal management - conservation _ recreation and open space _ intergovernmental coordination _ capital improvements - other Summary of addition (s) to adopted comprehensive plan: Page 2 of2 Summary of proposed change (s) to adopted comprehensive plan: Proposed Amendments to the Future Land Use Map Location of proposed map amendment (include a location map): 902 NE 3RD Street, Boynton Beach, FL 33435 Size of Area Proposed for Change (acres): approximately 0.52 acres Present Future Land Use Plan Designation (include a density/intensity defInition): General Commercial (GC), FAR=O.5 Proposed Future Land Use Designation (include a density/intensity defInition): Industrial (I), FAR=0.5 Present Zoning of Site (include a density/intensity defInition): General Commercial District (C-4), FAR=O.5 Proposed Zoning of Site (include a density/intensity defInition): Industrial District (M-l), FAR=0.5 Present Development of Site: undeveloped Proposed Development of the Site, if known (Number of Dwelling Units; Commercial Square Footage; Industrial Square Footage; Other Proposed usage and intensity): Auto body and repair, storage and towing Is proposed change a Development of Regional Impact? N/A Comprehensive Plan Change Processing Date/TimelLocation Scheduled for Community Redevelopment Agency Board Hearing: 06/08/04/6:30 p.m.lCity Commission Chambers, 100 E. Boynton Beach Blvd., Boynton Beach, FL Date/TimelLocation Scheduled for LP AlGoveming Body Public Hearing 07/20/04/7:00 p.m.lCity Commission Chambers, 100 E. Boynton Beach Blvd., Boynton Beach, FL Scheduled Date for Transmittal to DCA 07/30/04 CLEARINGHOUSE NOTICE OF PROPOSED AMENDMENT TO: Palm Beach County, Briny Breezes, Delray Beach, Village of Golf, Gulf Stream, SFWMD, Palm Beach County School Board, Lake Worth Drainage District TCRPC FROM: Anna Yeskey, Clearinghouse DATE: May 9, 2004 ------------------------------------------------------------------------------------------------------------------ As a participant local government, this memorandum serves as notice of the following comprehensive plan amendment(s): Initiating Local Government: Boynton Beach Reference #: BOY-48 (LUAR 04-005) Date of local planning agency hearing for the proposed amendment: June 8, 2004 Date of public hearing at which the proposed amendment will be transmitted: July 20, 2004 Nature of plan amendments as you have indicated is desired for review: adjacent cities Palm Beach County amendments relating to traffic circulation or the roadway networks amendments relating to affordable housing Amendments related to the following elements: X land use traffic circulation mass transit ports and aviation housing infrastructure sub-elements coastal management conservation recreation and open space intergovernmental coordination capital improvements other Instructions: Should you have any objections to these proposed amendments, please respond at least 15 days prior to the transmittal hearing as scheduled. Page lof2 EXECUTIVE SUMMARY FOR COMPREHENSIVE PLAN AMENDMENTS DATE: 05/04/04 Reference # LUAR 04-005 General Information Initiating Local Government: City of Boynton Beach Contact Person: Dick Hudson, Senior Planner Address: 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33425 TelephonelFax: (561) 742-6264/(561) 742-6259 fax Applicant! Agent Carl A. Cascio, P.A. Telephone/Fax: 561-274-7473/561-8305 Proposed Comprehensive Plan Textual Amendments General Summary of Amendments: _ amendments relating to traffIc circulation or the roadway networks _ amendments relating to affordable housing Amendments related to the following elements: .1L land use - traffIc circulation - mass transit _ ports and aviation _ housing - infrastructure sub-elements _ coastal management - conservation _ recreation and open space _ intergovernmental coordination _ capital improvements - other Summary of addition (s) to adopted comprehensive plan: Page 2 of2 Summary of proposed change (s) to adopted comprehensive plan: Proposed Amendments to the Future Land Use Map Location of proposed map a.'11endment (include a location map): 902 NE 3RD Street, Boynton Beach, FL 33435 Size of Area Proposed for Change (acres): approximately 0.52 acres Present Future Land Use Plan Designation (include a density/intensity defInition): General Commercial (GC), FAR=O.5 Proposed Future Land Use Designation (include a density/intensity defInition): Industrial (I), FAR=0.5 Present Zoning of Site (include a density/intensity defInition): General Commercial District (C-4), F AR=O.5 Proposed Zoning of Site (include a density/intensity defInition): Industrial District (M-l), F AR=O.5 Present Development of Site: undeveloped Proposed Development of the Site, ifknown (Number of Dwelling Units; Commercial Square Footage; Industrial Square Footage; Other Proposed usage and intensity): Auto body and repair, storage and towing Is proposed change a Development of Regional Impact? N/ A Comprehensive Plan Change Processing Date/Time/Location Scheduled for Community Redevelopment Agency Board Hearing: 06/08/04/6:30 p.m.lCity Commission Chambers, 100 E. Boynton Beach Blvd., Boynton Beach, FL Date/Time/Location Scheduled for LP AlGoveming Body Public Hearing 07/20/04/7:00 p.m.lCity Commission Chambers, 100 E. Boynton Beach Blvd., Boynton Beach, FL Scheduled Date for Transmittal to DCA 07/30/04 LOCATION MAP 902 NE 3rd STREET ~ c:r a a ~ .." - = z . .+ ~ 2~ 50 100 '150 20~eet )t' -, - /- STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor THADDEUS L. COHEN, AlA Secretary September 13,2004 Mr. Dick Hudson Senior Planner City of Boynton Beach Planning and Zoning P. O. Box 310 Boynton Beach, FL 33425-0310 Dear Mr. Hudson: Thank you for submitting a copy of the City's Small Scale Development Plan Amendment adopted by Ordinance No. 04-065 on August 17,2004, for our records. The reference number for the amendment is 04S5. The Department will not conduct a compliance review or issue a Notice of Intent regarding the adopted small scale development plan amendment in accordance with procedures contained in Section 163 .3 I 87(3)(a), Florida Statutes. If you have any questions, please contact me for the DR! and Plan Processing Section at (850)922-1767. Sincerely, '~ ~jCZJ- D. ~y ~ubanks, Administrator Plan Review and Processing DRE\lw cc: Michael Busha, Ex. Director Treasure Coast Regional Planning Council 2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncorn 278.8466 FAX: 850.921 .0781/Suncorn 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas Highway, Surte 212 Mara1hoo, FL 33050-2227 (305) 289-2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 488-2356 EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (850) 413-9969 (850) 486-7956 SMALL SCALE DEVELOPMENT AMENDMENT SUBMITTAL FORM 1 . Name of Local Government City of Boynton Beach Person Completing this form Dick Hudson Phone number 561-742-6264 Name of Newspaper that notice of small scale was published The Palm Beach Post Date Publication Noticed May 29,2004 & June 8, 2004 (Please attach copy of notice) 2. Number of acres of small scale development amendments contained in package: a. Within Urban Infill, Urban Redevelopment or Downtown Revitalization areas, as defined by Section 163.3164, FS 0.52 b. Within Transportation Concurrency Exception Area pursuant to Section 163.3180(5), FS c. Within Regional Activity Centers or Urban Central Business Districts pursuant to Section 380.06(2)(e), FS d. Outside categories a, b, c 3. Cumulative total number of acres of small scale development amendments for the calendar year: a. Categories listed in Item 2 a, b, c. above b. Categories listed in Item 2 d and above 0.52 4. Total number of acres of small scale development amendments in this package that are located within a coastal high hazard area as identified in the comprehensive plan Pursuant to Rule 9J-11.015(2), Florida Administrative code, this form must be mailed with all small scale development amendments as defined by Section 163.3187(1 )(c), Florida Statutes to: DEPARTMENT OF COMMUNITY AFFAIRS BUREAU OF STATE PLANNING PLAN PROCESSING SECTION 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (904) 488-4925 S:IPLANNINGISHAREDIWPIPROJECTSIFLORIDA COLLISION CTRILUARISMALL SCALE FORM.RTF ((. r?'. .... ., 1-. The City of Boyitcon Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org August 25, 2004 Mr. D. Ray Eubanks, Community Program Administrator Department of Community Affairs Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee, F132399-2100 Re: City of Boynton Beach Florida Collision Center(LUAR 04-005) Dear Sir: Please find enclosed required documents on the above-referenced, adopted small-scale amendment processed in accordance with Subsection 163.3187(1)(c)2., Florida Statues. The total number of acres for this amendment is 0.52. With the adoption of this amendment the cumulative total of acreage to date for the 2004 calendar year is 12.64 acres. Enclosed is Ordinance 04-0, reflecting approval by the City Commission on August 17, 2004, the publication notice, an updated land use map with the boundaries and location of the subject property in relationship to the surrounding street and thoroughfare network, and the completed RPM-BSP-Small Scale-1 form. If you have any questions please contact me at 561- 742-6264. Respectfully submitted, 6b-~ Dick Hudson, AICP, Senior Planner Cc: Treasure Coast Regional Planning Council South Florida Water Management District Florida Department of Transportation Florida Department of Environmental Protection Palm Beach County Department of Planning, Zoning & Building Florida Department of State S:\PIanning\SHARED\WP\PROJECTS\FIorida ColliSion Clr\WAR\DCA Submlttalletter.dot ~. The City of Boyilton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org August 25, 2004 Ms Susan Harp, Historic Preservation Planner Bureau of Historic Preservation R. A. Gray Building 500 S. Bronough Street Tallahassee, FL 32399-0250 Re: City of Boynton Beach Florida Collision Center(LUAR 04-005) Dear Ms Harp: Attached please find the adoption package sent to the Department of Community Affairs on August 25, 2004, regarding the above referenced small-scale map amendment to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6264 if you have any questions. Sincerely, iL# J Dick Hudson, Senior Planner Attachments S:\PLANNING\SHARED\ WP\PROJECTS\FLORIDA COLUSION CTR\LUAR\REVIEWAGENCYLElTER.DOT (((1 The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org August 25, 2004 Lorenzo Aghemo, Director Planning Division Department of Planning, Zoning and Building 100 Australian Avenue West Palm Beach, FL 33406 Re: City of Boynton Beach Florida Collision Center(LUAR 04-005) Dear Mr. Aghemo: Attached please find the adoption package sent to the Department of Community Affairs on August 25, 2004, regarding the above referenced small-scale map amendment to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6264 if you have any questions. Sincerely, /J . ~ ~/ ~ Dick Hudson, Senior Planner Attachments S:\PLANNING\SHARED\ WP\PROJECTS\FLORIDA COLUSION CTR\LUAR\REVlEWAGENCYLETTER.DOT (r.?,(. .. '. ..\- .. The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org August 25, 2004 Mr. Terry Hess, AICP Planning Director Treasure Coast Regional Planning Council 301 East Ocean Boulevard, Suite 300 Stuart, Florida 34994 Re: City of Boynton Beach Florida Collision Center(LUAR 04-005) Dear Mr. Hess: Attached please find the adoption package sent to the Department of Community Affairs on August 25, 2004, regarding the above referenced small-scale map amendment to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6264 if you have any questions. Sincerely, l). // C7?Ci::G /(7" Dick Hudson, Senior Planner Attachments S:\PlANNING\SHARED\ WP\PROJECTS\FLORlDA COLUSlON CTR\WAR\REVlEWAGENCYLETTER.DOT ((...(('... : .'1 " The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Rorida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org August 25, 2004 Ms. Lynn Griffin Director of the Office of Intergovernmental Programs Department of Environmental Protection 3900 Commonwealth Boulevard Tallahassee, Florida 32303 Re: City of Boynton Beach Florida Collision Center(LUAR 04-005) Dear Ms Griffin: Attached please find the adoption package sent to the Department of Community Affairs on August 25, 2004, regarding the above referenced small-scale map amendment to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6264 if you have any questions. Sincerely, aa// --- Dick Hudson, Senior Planner Attachments S:\PlANNING\SHARED\ WP\PROJECTS\FLORlDA COLUSlON CTR\LUAR\REVlEWAGENCYLETTER.DOT .crr.. The City of Boyftton Beach DEVELOPMENT DEPARTMENT , PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org August 25, 2004 P. K. Sharma, AICP, Lead Planner Water Supply Department South Florida Water Management District P. O. Box 24680 West Palm Beach, Florida 33416 Re: City of Boynton Beach Florida Collision Center(LUAR 04-005) Dear Mr. Sharma: Attached please find the adoption package sent to the Department of Community Affairs on August 25,2004, regarding the above referenced small-scale map amendment to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6264 if you have any questions. Sincerely, ~#-- Dick Hudson, Senior Planner Attachments S:\PLANNING\SHARED\ WP\PROJECTS\FLORIDA COLUSION CTR\LUAR\REVIEWAGENCYLETTER.DOT Q(. . The City ofBoynron Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org August 25, 2004 Gerry O'Reilly, P.E. District Director, Transportation Planning Office Department of Transportation, District 4 3400 Commercial Boulevard, Third Floor Fort Lauderdale, Florida 33309-3421 Re: City of Boynton Beach Florida Collision Center(LUAR 04-005) Dear Mr. O'Reilly: Attached please find the adoption package sent to the Department of Community Affairs on August 25,2004, regarding the above referenced small-scale map amendment to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6264 if you have any questions. Sincerely, ~# Dick Hudson, Senior Planner Attachments S:\PLANNING\SHARED\WP\PROJECTS\FlORIDA COlliSION CTR\WAR\REVIEWAGENCYLETTER.OOT DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 04-021 TO: Chairman and Members Community Redevelopment Agency Board FROM: Hanna Matras, Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 2, 2004 PROJECT DESCRIPTION Projectl Applicant: Florida Collision Center/Boynton Beach RE Enterprises, Inc. and Andrew Cohen Agent: Carl A. Cascio, P.A. Owner: Boynton Beach RE Enterprises, Inc. Location: 902 NE 3rd Street File No: LUAR 04-005 Property Description: Vacant property consisting of two parcels, totaling approximately 0.52 acre, classified General Commercial (GC) and zoned C-4, General Commercial District Proposed change/use: To reclassify from General Commercial (GC) to Industrial (I) and to rezone from C-4 General Commercial District to M -1 Industrial District. Adjacent Land Uses and Zoning: North: Right-of-way for NE 9th Avenue, then vacant parcel designated Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial District South: Right-of-way for NE 8th Avenue, then developed property (flex space) designated General Commercial (GC) and zoned C-4, General Commercial District. East: Developed property (auto repair and towing - Florida Collision Center) designated Industrial (I) and zoned M -1, Industrial District. West: Right-of-way for NE 3rd Street, then developed property (palm Beach County Head Start daycare and the city's Public Works' facility) designated Public and Private GovernmentallInstitutional (pPGI) and zoned PU, Public Usage. Page 2 File Number: LUAR 04-005 Florida Collision Center EXECUTIVE SUMMARY Staff recommends approval of the proposed land use amendment!rezoning. The proposed land use amendment!rezoning: · Is consistent with the Comprehensive Plan; · Is consistent with recommendations of the Heart of Boynton Community Redevelopment Plan; · Will bring the applicant's entire property under the same land use designation and zoning category; and · Will increase the supply ofland with M-llight industrial zoning suitable for small businesses. BACKGROUND The applicant, who is the owner of the auto repair and towing business Florida Collision Center located on a parcel adjacent to the subject property, is requesting the land use amendment and rezoning which, if granted, will bring the said property under the same land use designation (Industrial) and zoning (Industrial District) as the parcel developed with his existing auto repair business. The subject property, recently purchased by the applicant, consists of two parcels. One of the parcels was developed with a single family home, a non-conforming use under the current zoning, but the building has been demolished and both parcels are at present used for vehicle parking and storage for the existing auto repair business. Exterior storage of motor vehicles, but not wrecked motor vehicles, is a permitted use under current C-4 zoning in connection with a lawful principal use, the auto repair. Wrecked vehicles make up a significant portion of vehicles stored on the subject property. Storage of such vehicles is a permitted use in the proposed M-l zoning district, provided that it is adequately screened. The applicant will be expected to improve the property by providing such adequate screening, particularly from the Head Start daycare center located to the west of the property, across from NE 3rd Street. PROJECT ANALYSIS The subject parcel totals :to.52 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Mfairs and is not reviewed for compliance with the state and regional plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. As per this requirement, the following criteria are applied in the analysis of the proposed rezoning: Page 3 File Number: LUAR 04-005 Florida Collision Center a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The proposed rezoning is consistent with all applicable comprehensive plan policies. In particular, it is consistent with policies under Objective 1.9 of the Land Use Element: Objective 1.9 The City shall eliminate blighted residential neighborhoods and business districts through the adoption and implementation of Community Redevelopment Plans including the Boynton Beach 20/20 Redevelopment Master Plan and the Coastal Management Element to guide development and redevelopment along the Boynton Beach Boulevard and Ocean Avenue corridors, within the commercial and residential Community Redevelopment Areas, and within the vicinity of us. 1 and Martin Luther King Boulevard. The property is located in the Arden Park neighborhood within the Heart of Boynton Community Redevelopment Area, and thus the subject of a recently adopted Heart of Boynton Community Redevelopment Plan. The proposed land use amendment and rezoning is consistent with the recommendations of the plan which supports industrial uses in the area bounded by N. Railroad Avenue on the east, NE 3rd Street on the west, NE 3rd Avenue on the south and NE 9th Avenue on the north. The proposed rezoning does not affect density, neither is the property located within the hurricane evacuation zone. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would be consistent with the established industrial and commercial use patterns in the area and will not create an isolated district. A number of lots within the General Commercial District, where the property is located, and within the industrially zoned area along the N. Industrial Avenue, are developed with industrial and heavy commercial uses. The need for adequate screening, however, is particularly evident given the presence of the Head Start child care facility west of the subject property. c. Whether changed or changing conditions make the proposed rezoning desirable. The recent adoption of the Heart of Boynton Community Redevelopment Plan and its recommendations regarding properties located in the Arden Park neighborhood makes the proposed rezoning desirable. The recommendation is to reclassify all properties fronting NE 3rd Street on the east side from General Commercial District to M-I Industrial District, thus expanding the existing industrially zoned area. The shrinking supply of lands with the industrial designation in recent years may create future location problems for industrial and marginal Page 4 File Number: LUAR 04-005 Florida Collision Center commercial uses, which are important to the economic fabric of the city by providing valuable services and employment opportunities. This applies to all land classified industrial. The shortage of industrial sites geared towards small business is one of the concerns. At present, there is not much vacant land with industrial zoning such as M-l. Moreover, the areas with C-4 zoning, which allows marginal commercial uses, are also scarce. These are located along US-I and may ultimately be reclassified/rezoned to further the Federal Highway Corridor Community Redevelopment Plan. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The proposed rezoning will not entail any changes with respect to demand for public facilities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. As stated above, the proposed use of the property will be compatible with the current and future use of adjacent and nearby properties. It will not affect the property values of adjacent or nearby properties. However, the appropriate screening of the properties fronting NE 9th Avenue on the south side will be important as the Heart of Boynton Community Redevelopment Plan recommends land use amendment and rezoning of parcels located on the north side of the NE 9th Avenue, across from the subject property, from Local Retail Commercial land use and Neighborhood Commercial zoning to Multi Family Residential use and R-3 zoning. Further expansion of the industrial zoning district, beyond what is recommended by the Heart of Boynton Community Redevelopment Plan, will also be discouraged by the existence of the adjacent NE 3rd Street and NE 9th Avenue, which represent a permanent separation of the industrial from the surrounding non-industrial districts. f Whether the property is physically and economically developable under the existing zoning. The property is physically and economically developable under the existing zoning; however, the existing auto repair shop requires vehicle storage and parking as an auxiliary use which the property conveniently accommodates. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed rezoning will have negligible impact on the city as a whole, but, as argued in point (c), it will contribute to the supply of the industrial land suitable for small businesses. The request is consistent with recommendations of the Heart of Boynton Redevelopment Plan, which is largely based on the neighborhood needs assessment. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are alternative sites throughout the city for a single-family home use and development. However, as documented above, this proposed boundary adjustment is minor and compatible with adjacent land uses. Page 5 File Number: LUAR 04-005 Florida Collision Center CONCLUSIONSIRECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan, will not create additional impacts on infrastructure and will be compatible with adjacent land uses. It is consistent with the Heart of Boynton Redevelopment Plan. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "C". ATTACHMENTS G:\LUARslFJorida Collision CentcrlStalfReport PI Collision Center.doc / ".-"-- oK / .-.-' NO. 7020'0 PALM BEACH NEWSPAP, ' NOTICE OF PUBUC HEARINf The Palm Beach PoSj , D S AM N I 2751 S. Dixie Hwy., West Palm BelOnCE OF LAN '. U f, ED., Phone: (561) 820-3106 NOTICE OF REZONING FED 10 # 58-1633719DTICE IS HEREBY GIVEN thot the Community Redevelppm~, Legal Advertising 'nv~d of THE CITY OF BOYNTON BEACH, FlORID~, will tOl\dU,t RING on Tuesday, June 8, 2004 at 6;30 p'.m. In the ,CITY H SION CHAMBERS.4 100 East Boynton Beach Boulevard, to co ~est submiffed bv \..arl A. Cascio, P.A. on behalf of Boynton e!prjses Inc. ona Andrew Cohen. The City Commission of THI , YNTON BEACH, flORIDA, wiD also hold 0 public hearin.Q to co 'uesf on Tuesday, June 15, 2004 at 7;00 p.m., and on Tuesda: at 7:00p.m. or as soon thereafter as the agenda permi,s c LL COMMISSION CHAMBERS, 100 East Boynton Beach Bouln uest is deScribed as follows: :1'I0N: 902 NE 3rd Street in Boynton Beach, FL UEST: Amend the Comprehensive Pion Fuwre Land 1 From - General Commercial (Gel b To-Industrial (I) QUESt- Rezone: . From - General Commercial Distr , . To -Industrial District (M-I) SED - Auto body repair, storage and towing PAL DESCRIPTION: On file in Planning and Zoning DiY LOCAnON MAP 902 NE 3rd STREET Account # 241582 Ad# 702080 Description: Not: R~zoning Size: 2x 10=20" Amount: Published: city of BoyntondBeach PO Box 310 Boynton Beach, FL 33425-0310 e . L~" -t.... his request con be viewedhetween the hoors of 8:00 a.m.ond 5:'j ~'b:~ BeachPlanni~ and Zoning Division,l 00 ~b~1 ill in~ted pi:wties pre notif~ to appear C!!. ~icl ~earin9s, in pe~l homey and be heard. Any ~ who deCidestoa,ppea. oIlY <It IePlannin{f and D.evefopmem Boord or City ~iSSJon with respE tilr conSIdered at ~meetlng5 win need oie<:ord of the P.Ni for sUch PUlJlose.m~ '1t*I to ensure that o,v..Datimt:$cord 0 ~ej~~ t~ =- Indudes the teslimony andevidet ih~~tJ:o;=lt1~ di~~hry ~~s~:I=rltn* ,eted~~pfeO~fY~. bep:f;t: T~i~6~42~2<68~a:rZo:: 4) hours prior to the p;Ogmm or actiVIty in order' for the City to re ccommodate your reqUest ' . . CITY OF BOYNTON BEACH PlANNING AND ZONING DiVIS!' , (561) 742-<>260 /UBL.SH:' ^1qy 29 & June 8, 2004 PPGI . ,. OCATION M~? 902 NE 3rd STREET L I GC I ~ c&' Q a ~ .., : z o 25 50 -- ..' . 100 150 200 Feet ""'" ....,. """"'" ~ FUTURE LAND USE MAP AS AMENDED , ," (l -~;\\\~.- t ( L~.__ r-----. ~: .,,;..r~ _::A: ,~ F 1,-.:'; (ij I i~-:E:.o.~. __-.:u.., ~_..laID ~'TTmC. .; .... .j L :U~"""'-T-,tt:1 r^'" . j~' ,,, ~ _,_, c~, :;'W,';' ~-~';-:.~ __3a:=._ ~ ~. X-7 1 , / r: 1 i' ~"r .J "- 1 f I ~,; ~ ~ ..~.~',.. <'" . ....0 ~~ ~ !:-----'i~ . Ii :,;:' '---J, _ _ _ r.~r . ,,-Jr:r:Ci . <~ ~ 1~ c~ .~. } ':"1 !/---~ :'~ . i' --1~1"",,: . '~'IW ,--.:::;',. IIJ~ / lCJ . ". "'. "'; , . I ~ . f; . '" '-," '. 1': -""---. ~ . , ..^ e:'n"~" e . " - " I. ,I p' - .flU..... , '. .' .J"" , 'I' I,' i I"~ II -. P"J.l~ ~,'/ f I: c -- "~;'. I G '/- -" ---.' ::' '.' P , ~Q)Qn I ,I '--- '-- lei ! ,."/ / i",----- 'I ' \ I I \ ----/ J, ./ r " " r , 6.:1., 'L_ w D~ : I "'- f) V 1'---./ - --' - r.~ i ----- MAP KEY RESIDENTIAL' . : ~ fL. 0 W DEN S IT Y ; (L DR) . ..' : MAX 4.84 D.U:J ACR'E .-( ~:::::~.MODERA TE D,~NSITY ,(~.oDR) . .-. . - - ! ,";: 'MAX 7.26 D.U.lACRE "- -- _. ..---_. f.,{:",::;:::j MEDIUM .DEN~ITY ~(MeQH) MAx 9.68 D.U./ AC~E , , _ ,HIGH DENSITY '(HDR) MI\X 10.8 D.U./ ACHE fillmml SPECIAL HIGH DENSITV'-(SHDR) ~MAX20-D.U./ ACRE . F\ ' (T ..-9~QM~ ~il~ tt\b,..r~~.~ f2l2l' OFFICE (OC) ~ ~ o ,... LOCAL RETAIL (LRC) GENERAL (GC) INDUSTRIAL (I) OTHE'R (,;~1i1 . AGRICULTURE "', (A) w ' L.,......_. , "', .RECREATIONAL' r(R) L5~1 DEVELOPMENT OF '. "", - 'REGIONAL IMPACT I,~",~ / r .../ (DRI) J:t":S""1 D);/ M!Xl:tD--USE CORL- ',";}~~;; . I / .(MX~C) , '.......----.-~........-- .-.~... ,P.UBLlC & PRIVATE:, (PPGI) I GOVERNMEN'T AL/INSTITUTIONALJ .f .\ ~ . ...._, - ~ CONSERVATIOr~ ~ . MIXED USE (CON) , t i - (MX,) j-' r . I ;:::~ , DIFFERENT LAN,D USE CAIEGQRY. Tl-:IAN, THAT SHOWN I " , - iON MAP APPLlES.(AS IND,ICATED BY ABB.REVIATION),i I ! " . .....,,' i IF USE AND DEVELOPMENT COMPLIES WITH ,USE.!- " . . I 1'/ rRESTRICTIQNS_A'~D REC,OMS'INATION_O. F PARC,ELsl SPECIFIED IN TEXT OF FUTURE LAND USE AND; " , ,i : COASTAL MANAGEMENT ELEMENTS. .. - - , '- I _ I .........- .......~ -.. - ... -_. - -- ] , .. --, , , t"~ CONSERVATION OVERLf\Y,,_DISTRICT::--USE AND: Ii , D:::VELOPMENT OF PROPERTY SUBJECT TO , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ORDINANCE NO. 04- ObS AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING VACANT PROPERTY CONSISTING OF TWO PARCELS TOTALLING APPROXIMATELY 0.52 ACRES, MORE PARTICULARLY DESCRIBED HEREIN; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE; THE LAND USE DESIGNATION IS BEING CHANGED FROM GENERAL COMMERCIAL TO INDUSTRIAL; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has 17 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 18 Use Element by Ordinance No. 89-38 in accordance with the Local Government 19 Comprehensive Planning Act; and 20 WHEREAS, the procedure for amendment of a Future Land Use Element of a 21 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 22 and 23 WHEREAS, after public hearing and study, the City Commission deems it in 24 the best interest of the inhabitants of said City to amend the aforesaid Element of the 25 Comprehensive Plan as adopted by the City herein. 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1: The foregoing WHEREAS clauses are true and correct and 29 incorporated herein by this reference. 30 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the S:\CA\Ordinanc9s\Planning\Land Use\Florida Collision.doc f 1 following: 2 That the Future Land Use of the.following described land shall be designated as 3 Industrial (I). Said land is more particularly described as follows: 4 Parcel #1 5 Lot 145, LESS the East 50 feet thereof, and Lots 146 and 147, LESS the East 35 feet 6 thereof, ARDEN PARK, Addition to Boynton Beach, Florida (nlkla Boynton Beach), 7 according to the Plat thereof, recorded in Plat Book 2, Page(s) 86, of the Public Records 8 of Palm Beach County, Florida. 9 1 0 Parcel #2 11 The East 50 feet ofl..ot 145, the East 35 feet ofl..ots 146 and 147, ARDEN PARK 12 Addition to Boynton Beach, Florida according to the Plat thereof, recorded in Plat Book 13 2, Page 96, Palm Beach County, Florida. 14 15 Containing approximately 0.52 acres, more or less. 16 1 7 Subject to easements, restrictions, reservation and rights of way of record. 18 19 Said lands situate, lying and being in Palm Beach County, Florida. 20 21 Section 3: That any maps adopted in accordance with the Future Land Use Element 22 shall be amended accordingly. 23 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 24 repealed. 25 Section 5: Should any section or provision of this Ordinance or any portion thereof 26 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 27 the remainder of this Ordinance. 28 Section 6: This Ordinance shall take effect on adoption, subject to the review, 29 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 30 Planning and Land Development Regulation Act. No party shall be vested of any right by 31 virtue of the adoption of this Ordinance until all statutory required review is complete and S:\CA\Orc1inances\P1anning\Lanc1 Use\F1oric1a Collision.c1oc 1 all legal challengest including appeals, are exhausted. In the event that the effective date is 3 established by state law or special act, the provisions of state act shall control. FIRST READING this ~ day of A, ~U~ t 2004. SECOND, FINAL READING and PASSAGE this 'i day of AUJU~T t 2 4 5 2004. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ATIEST: 23 24 25 26 27 28 CITY OF BOYNTON BEACH, FLORIDA ~~ CJi:! - -- S,\CA\Ordinances\Planning\Land Use\Florida Collision.doc 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 ORDINANCE NO. 04- O~b AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPliCATION OF FLORIDA COUlSION CENTERIBOYNTON BEACH RE ENTERPRISES, INC., AND ANDREW COHEN, AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING VACANT PROPERTY CONSISTING OF TWO PARCELS, FROM GENERAL COMMERCIAL DISTRICT (C4) TO INDUSTRIAL DISTRICT (M-I); PROVIDING FOR CONFLICTS, SEVERABllJTY AND AN EFFECTIVE DATE. 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 20 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for 21 said City; and 22 WHEREAS, Florida Collision Center/Boynton Beach RE Enterprises, Inc, 23 and Andrew Cohen, owner of the property more particularly described hereinafter, 24 has heretofore filed a Petition, through its agent, Carl A. Cascio, P.A., pursuant to 25 Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton 26 Beach, Florida, for the purpose of rezoning a tract of land consisting of 27 approximately 0.52 acres, said land being more particularly described hereinafter, 28 from General Commercial District (C-4) to Industrial District (M-I)CBD; and 29 WHEREAS, the City Commission conducted a public hearing and heard 30 testimony and received evidence which the Commission finds supports a rezoning 31 for the property hereinafter described; and S:\CA \Ordinances\Planning\Rezouing\F1orida Collision.doc 1 WHEREAS, the City Commission finds that the proposed rezoning is 2 consistent with an amendment to the Land Use which was contemporaneously 3 considered and approved at the public hearing heretofore referenced; and 4 WHEREAS, the City Commission deems it in the best interests of the 5 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter 6 set forth. 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 8 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 9 Section 1. The foregoing Whereas clauses are true and correct and 10 incorporated herein by this reference. 11 Section 2. The following described land, located in the City of Boynton 12 Beach, Florida as set forth as follows: 13 Parcel #1 14 Lot 145, LESS the East 50 feet thereof, and Lots 146 and 147, LESS the East 35 feet 15 hereof, ARDEN PARK, Addition to Boynton Beach, Florida (n/k/a Boynton Beach), 16 ccording to the Plat thereof, recorded in Plat Book 2, Page(s) 86, of the Public Records 17 of Palm Beach County, Florida 18 19 20 21 arcel #2 22 e East 50 feet of Lot 145, the East 35 feet of Lots 146 and 147, ARDEN PARK 23 ddition to Boynton Beach, Florida according to the Plat thereof, recorded in Plat Book 24 , Page 96, Palm Beach County, Florida. 25 2 6 and the same is hereby rezoned from C-4 General Commercial District to M-l 27 ndustrial District. A location map is attached hereto as Exhibit "A" and made a part of 28 his Ordinance by reference. 29 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended S:\CA \Ordinances\Planl1ing\Rezoning\Florida Collision.doc 1 accordingly. 2 Section 4. All ordinances or parts of ordinances in conflict herewith are 3 hereby repealed. 4 Section 5. Should any section or provision of this Ordinance or any portion 5 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 6 not affect the remainder of this Ordinance. 7 Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this ~ day of ~, 2004. SECOND, FINAL READING and P A.SSAGE this -LL day of J}u~t~ , 2004. CITY OF BOYNTON BEACH, FLORIDA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ATTEST: (Corporate Seal) PPGI -'. -~........ ........ ......~ 9<<12 NE 3rd STREIT ~{)i./- 0"6 I f ~ 9 << d I z GC I 9,.2,1.60 loot ~