AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 15, 2008 March 31, 2008 (Noon) D June 17,2008 June 2, 2008 (Noon)
D May 6, 2008 April 14, 2008 (Noon) IZI July 1,2008 June 16, 2008 (Noon)
D May 20, 2008 May 5, 2008 (Noon) D July 15, 2008 June 30, 2008 (Noon)
D June 3, 2008 May 19,2008 (Noon) D August 5, 2008 July 14, 2008 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda IZI Legal
D Code Compliance & Legal Settlements D UnfInished Business
D Public Hearing D
RECOMMENDATION: Please place this request on the July 1,2008 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission on June 17, 2008, approved this request under Legal, Ordinance - First
Reading.. For further details pertaining to this request, see attached Department Memorandum No. 08-040.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
City Towing (LUAR 07-003)
Dave Beasley
Charles S. Cook and Alice Snow
506 and 510 NE 3rd Street
Request to amend the Comprehensive Plan Future Land Use Map from General
Commercial (GC) to Industrial (I); and
Request to rezone from C-4, General Commercial District to M-1 Industrial.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
Develop
City Manager's Signature
lannmg" and Zoning D' r City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Ci Towing 510 NE3rd Street\LUAR\Agenda Item Request City Towing LUAR 07-003 7-I-08.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Assistant to City Manager
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING &. ZON J:NG DMSION
MEMORANDUM NO. PZ 08-040
Chairman and Mem bers
Community Redevelopment Agency Board and City Commission
Gabriel Wuebben I'A ~
Planner L/l
Michael W. RumPfW
Director of Planning and Zoning
April 5, 2008
City Towing/LUAR 08-003
To reclassify property from General Commercial (GC) to
Industrial (I) and rezone from C-4 General Commercial to M-l
Industrial
Property Owner:
Applicant/Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Pr.oposed Use:
Adjacent Uses and Zoning:
North:
South:
PROJECT DESCRIPTION
Charles Cook and Alice Snow
Dave Beasley
506 & 510 N.E. 3rd Street (Exhibit "A")
General Commercial (GC)
C-4 General Commercial
Industrial (I)
M-1 Industrial
Automotive towing & storage
Auto-related use (Beck's Towing), designated Industrial (1) and
zoned M-l Industrial;
Auto-related use (National Transmission), designated Industrial
(I) and zoned M-1 Industrial, then right-of-way of N.E. 4th
Avenue;
Page 2
File Number: LUAR 07-003
City Towing
East:
Improved alleyway, then developed manufacturing facility (Taylor
Pneumatic Tool Company), designated Industrial (1) and zoned M-
1 Industrial; and
West:
Right-of-way of N.E. 3rd Street, then developed commercial facility
(Charles Burn Landscaping) designated General Commercial (GC)
and zoned C-4 General Commercial.
BACKGROUND
In April of 2005 the city adopted a resolution authorizing issuance of a "Notice of Intent" to
create a temporary moratorium allowing staff to review and revise zoning regulations for
properties in M-1 zoning districts. A consultant was subsequently hired and recently completed
the analysis of the M-1 zoning district for the city. The study noted the potential negative effects
of the continuous decline in the amount of industrial land in Boynton Beach, and found the
current M-l regulations unaccommodating to the changing market trends and lacking the ability
to mitigate impacts of M-1 zoned areas on adjacent rights-of-way or residential properties.
The recommendations of the study included the following:
· Preserve existing industrial zoning;
· Expand potential for additional industrial types of uses, including changing land use and
zoning to industrial type of use on residential property, contiguous to FEC and other
industrial land; and
· Address compatibility issues, including making industrial edges compatible with
residential uses, and enhancing them where adjacent to arterial roadways.
PROJECT ANALYSIS
The parcels which are the subject of this land use amendment (lots 47 & 48 of Arden Park)
total 0.33 acres (14,392 square feet). 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 Affairs and is not reviewed for compliance with the state, regional
and local comprehensive plans prior to adoption.
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcemen~ 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.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in
Page 3
File Number: LUAR 07-00:'
City Towing
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.
Policy 1.19.4 of the Land Use Element reads:
"The City shall continue to encourage and enforce the development of industrial land as
industrial parks or concentrated industrial areas in order to maximize the linkage
between complementary industries."
The area adjacent to the subject parcel contains a variety of auto-related businesses. The
requested land use amendment and rezoning will allow a long-time business to gain conforming
status proximate to other existing auto-related uses, thus providing greater opportunities for
linkages.
Policy 1.9.5 of the Land Use Element reads (in part):
"The City, by 2002, shall conduct studies and/or prepare redevelopment plans for areas
designated by the Primary Target Areas Overlay. The plans shall, in part, implement or
further the adopted Boynton Beach 20/20 Redevelopment Master Plan with use
provisions, development standards and design criteria which may address public
improvements, infrastructure, building placement, architectural character, streetscape,
signage, landmark opportunities and unifying design concepts. Implementation
mechanisms may include, but are not limited to, adoption of overlays in the land
development regulations, amendments to land development regulations, and/or through
rezoning to new or existing districts. . ."
The Heart of Bovnton Communitv RedeveloDment Plan. as adopted on December 4, 2001, is an
implementation measure of the cited policy. The "Proposed Land Use Map" for the
redevelopment plan proposes that the land area in the "Arden Park" neighborhood currently
designated "Industrial" should be extended westward to include the property on the east side of
N.E. 3rd Street (see Exhibit "A''). This extension of the industrial-designated land would include
the subject property, furthering the vision for this area.
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 requested rezoning would not create an isolated district, but would relate to the adjacent
land use designations to the east and to the existing uses in the area generally surrounding the
subject property. Other similar requests of the nature have been approved in the immediate
vicinity. Examples include National Transmission (502 N.E. 3rd Street), Beck's Towing (410 N.E.
5th Avenue) and Florida Collision Center (902 NE 3rd Street). The proposed change is consistent
with recommendations of the Heart of Bovnton Communitv RedeveloDment Plan.
Page 4
File Number: LUAR 07-00,)
City Towing
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-l 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
commercial uses, which are important to the economic fabric of the city for providing valuable
services and employment opportunities. This applies to all land classified industrial. The
shortage of industrial sites geared toward small business is a concern. At present, there is not
much vacant land with industrial zoning such as M-1. Moreover, the areas with C-4 zoning,
which allow marginal commercial uses, are also scarce. These are located along US-l 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.
Properties less than one acre in size are not required to prepare comparisons of water and
wastewater demands. Since no additional development is proposed at this time on the subject
propertyr no changes are anticipated in the demands on either water or wastewater. Neither are
there any anticipated increases in traffic impacts. With respect to solid waster in a letter dated
December 18, 2001 the Palm Beach County Solid Waste Authority has stated that adequate
capacity exists to accommodate the county's municipalities throughout the 10~year planning
period. Lastly, drainage will also be reviewed, and must satisfy all requirements of the city and
local drainage permitting authorities.
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 under "Project Description", the existing uses surrounding the subject site are
intense commercial and industrial uses. The proposed land use amendment and rezoning
would generally be compatible with existing uses of adjacent properties.
f. Whether the property is physically and economically developable under the existing
zoning.
The property is currently developed and used as the site of an auto-related business, a
permitted use under the existing C-4 zoning. The property is physically and economically
developable for other intensive commercial uses permitted within that zoning district.
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.
Criteria for evaluating the benefits of the proposed development to the needs of the
neighborhood and the City include service demands, intensity, use, value and consistency with
Page 5
File Number: LUAR 07-00::>
City Towing
Comprehensive Plan policies. As indicated above, impacts of the proposed project on the
service delivery and transportation systems will be negligible. It is consistent with the cited
Comprehensive Plan policies.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already ai/owed.
The amount of land designated for industrial uses is very limited, particularly in the part of the
City east of 1-95, so there are limited opportunities for auto-related businesses. This location is
convenient to the downtown as well as to other ancillary auto-related uses that serve the
residents of the City. The request to convert to industrially-zoned land is appropriate in light of
re-zonings that in recent years have resulted in the conversion of industrial land to other zoning
designations. In the last five (5) years, some 135 acres have lost their industrial designation,
not including Quantum Park, which retained the designation although a large percentage of its
acreage has been converted to uses other than industrial.
The loss of industrial land has occurred simultaneously within unincorporated Palm Beach
County and most of its other municipalities. This trend's negative impact on the local economies
in terms of future jobs, availability of services and tax bases has been recognized by the
county's Intergovernmental Plan Amendment Review Committee (IPARC). The City should
preserve and expand industrial land when appropriate in order to enhance economic viability.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the
overall economic development of the City. Therefore, staff recommends that the subject
request be approved.
ATIACHMENTS
S:\Plannlng\SHARED\WP\PROJECTS\Oty Towing 510 NBrd Slreet\LUAR\STAFF REPORT (Oty Towing).doc
Exhi~. t WI AWl - Site LocatiO'tt' Map
LUAR 07-003 - City Towing
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 15,2008 March 31, 2008 (Noon) ~ June 17, 2008 June 2, 2008 (Noon)
0 May 6, 2008 April 14,2008 (Noon) 0 July 1, 2008 June 16,2008 (Noon)
0 May 20, 2008 May 5, 2008 (Noon) 0 July 15,2008 June 30, 2008 (Noon)
0 June 3, 2008 May 19,2008 (Noon) 0 August 5, 2008 July 14,2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
[gJ Public Hearing 0
RECOMMENDATION: Please place this request on the June 17, 2008 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Planning and Development Board on May 27,2008, recommended that
the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 08-040.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
City Towing (LUAR 07-003)
Dave Beasley
Charles S. Cook and Alice Snow
506 and 510 NE 3rd Street
Request to amend the Comprehensive Plan Future Land Use Map from General
Commercial (GC) to Industrial (I); and
Request to rezone from C-4, General Commercial District to M-I Industrial.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
City Manager's Signature
Assistant to City Manager
Planning and ZoDirector City Attorney / Finance
S \Planning\SHARED\WP\PROJE TS\City Towing 510 NE3rd Street\LUAR\Agenda Item Request City Towing LUAR 07-003 7-1-08.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING Be. ZONING DIVISION
MEMORANDUM NO. PZ 08-040
Chairman and Mem bers
Community Redevelopment Agency Board and City Commission
Gabriel Wuebben A ~
Planner vl
Michael W. RumPfW
Director of Planning and Zoning
AprilS, 2008
City Towing/LUAR 08-003
To reclassify property from General Commercial (GC) to
Industrial (I) and rezone from C-4 General Commercial to M-1
Industrial
Property Owner:
Applicant/Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Adjacent Uses and Zoning:
North:
South:
PROJECT DESCRIPTION
Charles Cook and Alice Snow
Dave Beasley
506 & 510 N.E. 3rd Street (Exhibit "AfT)
General Commercial (GC)
C-4 General Commercial
Industrial (I)
M-1 Industrial
Automotive towing & storage
Auto-related use (Beck's Towing), designated Industrial (I) and
zoned M-1 Industrial;
Auto-related use (National Transmission), designated Industrial
(I) and zoned M-1 Industrial, then right-of-way of N.E. 4th
Avenue;
Page 2
File Number: LUAR 07-003
City Towing
East:
Improved alleyway, then developed manufacturing facility (Taylor
Pneumatic Tool Company), designated Industrial (I) and zoned M-
1 Industrial; and
Right-of-way of N.E. 3rd Street, then developed commercial facility
(Charles Burn Landscaping) designated General Commercial (GC)
and zoned C-4 General Commercial.
West:
BACKGROUND
In April of 2005 the city adopted a resolution authorizing issuance of a "Notice of Intent" to
create a temporary moratorium allowing staff to review and revise zoning regulations for
properties in M-1 zoning districts. A consultant was subsequently hired and recently completed
the analysis of the M-1 zoning district for the city. The study noted the potential negative effects
of the continuous decline in the amount of industrial land in Boynton Beach, and found the
current M-1 regulations unaccommodating to the changing market trends and lacking the ability
to mitigate impacts of M-1 zoned areas on adjacent rights-of-way or residential properties.
The recommendations of the study included the following:
· Preserve existing industrial zoning;
· Expand potential for additional industrial types of uses, including changing land use and
zoning to industrial type of use on residential property, contiguous to FEC and other
industrial land; and
· Address compatibility issues, including making industrial edges compatible with
residential uses, and enhancing them where adjacent to arterial roadways.
PROJECT ANALYSIS
The parcels which are the subject of this land use amendment (lots 47 & 48 of Arden Park)
total 0.33 acres (14,392 square feet). 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 Affairs and is not reviewed for compliance with the state, regional
and local comprehensive plans prior to adoption.
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, 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.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in
Page 3
File Number: LUAR 07-003
City Towing
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.
Policy 1.19.4 of the Land Use Element reads:
" The City shall continue to encourage and enforce the development of industrial land as
industrial parks or concentrated industrial areas in order to maximize the linkage
between complementary industries."
The area adjacent to the subject parcel contains a variety of auto-related businesses. The
requested land use amendment and rezoning will allow a long-time business to gain conforming
status proximate to other existing auto-related uses, thus providing greater opportunities for
linkages.
Policy 1.9.5 of the Land Use Element reads (in part):
" The City, by 2002, shall conduct studies and/or prepare redevelopment plans for areas
designated by the Primary Target Areas Overlay. The plans shall, in part, implement or
further the adopted Boynton Beach 20/20 Redevelopment Master Plan with use
provisions, development standards and design criteria which may address public
improvements, infrastructure, building placement, architectural character, streetscape,
signage, landmark opportunities and unifying design concepts. Implementation
mechanisms may include, but are not limited to, adoption of overlays in the land
development regulations, amendments to land development regulations, and/or through
rezoning to new or existing districts. . ."
The Heart of Bovnton Community Redevelooment Plan. as adopted on December 4, 2001, is an
implementation measure of the cited policy. The "Proposed Land Use Map" for the
redevelopment plan proposes that the land area in the "Arden Park" neighborhood currently
designated "Industrial" should be extended westward to include the property on the east side of
N.E. 3rd Street (see Exhibit "A'). This extension of the industrial-designated land would include
the subject property, furthering the vision for this area.
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 requested rezoning would not create an isolated district, but would relate to the adjacent
land use designations to the east and to the existing uses in the area generally surrounding the
subject property. Other similar requests of the nature have been approved in the immediate
vicinity. Examples include National Transmission (502 N.E. 3rd Street), Beck's Towing (410 N.E.
5th Avenue) and Florida Collision Center (902 NE 3rd Street). The proposed change is consistent
with recommendations of the Heart of Bovnton Community Redevelooment Plan.
Page 4
File Number: LUAR 07-003
City Towing
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-l 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
commercial uses, which are important to the economic fabric of the city for providing valuable
services and employment opportunities. This applies to all land classified industrial. The
shortage of industrial sites geared toward small business is a concern. At present, there is not
much vacant land with industrial zoning such as M-1. Moreover, the areas with C-4 zoning,
which allow marginal commercial uses, are also scarce. These are located along US-l 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.
Properties less than one acre in size are not required to prepare comparisons of water and
wastewater demands. Since no additional development is proposed at this time on the subject
property, no changes are anticipated in the demands on either water or wastewater. Neither are
there any anticipated increases in traffic impacts. With respect to solid waste, in a letter dated
December 18, 2001 the Palm Beach County Solid Waste Authority has stated that adequate
capacity exists to accommodate the county's municipalities throughout the 10-year planning
period. Lastly, drainage will also be reviewed, and must satisfy all requirements of the city and
local drainage permitting authorities.
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 under "Project Description", the existing uses surrounding the subject site are
intense commercial and industrial uses. The proposed land use amendment and rezoning
would generally be compatible with existing uses of adjacent properties.
f. Whether the property is physically and economically developable under the existing
zoning.
The property is currently developed and used as the site of an auto-related business, a
permitted use under the existing C-4 zoning. The property is physically and economically
developable for other intensive commercial uses permitted within that zoning district.
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.
Criteria for evaluating the benefits of the proposed development to the needs of the
neighborhood and the City include service demands, intensity, use, value and consistency with
Page 5
File Number: LUAR 07-003
City Towing
Comprehensive Plan policies. As indicated above, impacts of the proposed project on the
service delivery and transportation systems will be negligible. It is consistent with the cited
Comprehensive Plan policies.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
The amount of land designated for industrial uses is very limited, particularly in the part of the
City east of 1-95, so there are limited opportunities for auto-related businesses. This location is
convenient to the downtown as well as to other ancillary auto-related uses that serve the
residents of the City. The request to convert to industrially-zoned land is appropriate in light of
re-zonings that in recent years have resulted in the conversion of industrial land to other zoning
designations. In the last five (5) years, some 135 acres have lost their industrial designation,
not including Quantum Park, which retained the designation although a large percentage of its
acreage has been converted to uses other than industrial.
The loss of industrial land has occurred simultaneously within unincorporated Palm Beach
County and most of its other municipalities. This trend's negative impact on the local economies
in terms of future jobs, availability of services and tax bases has been recognized by the
county's Intergovernmental Plan Amendment Review Committee (IPARC). The City should
preserve and expand industrial land when appropriate in order to enhance economic viability.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the
overall economic development of the City. Therefore, staff recommends that the subject
request be approved.
ATTACHMENTS
S:\Planning\SHARED\WP\PROJECT5\City Towing 510 NE3rd Street\LUAR\STAFF REPORT (Oty Towing).doc
Exhiblit --A" - Site Locatioll'"'Map
LUAR 07-003 - City Towing
NE 5TH AVE
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