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REVIEW COMMENTS 7.A.! CITY TOWING (LUAR 07-003) LAND USE PLAN AMENDMENT/REZONING TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 08-040 Chairman and Members 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 "A'') 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 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-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 Communitv 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 "AfT). 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-1 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-l. Moreover, the areas with C-4 zoning, which allow marginal commercial uses, are also scarce. These are located along US-1 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. CONCLUSIONSI 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\PRDJECTS\City Towing 510 NE3rd Street\LUAR\STAFF REPORT (City Towing).doc ~ # Exhibit ..A.. - Site Location Map LUAR 07-003 - City Towing NE 5TH AVE M1 - Light Industrial M1 - Light Industrial NE 4TH AVE M1 - Light Industrial 50 25 0 ~- 50 100 150 200 I Feet ~ c g cr ...J ~ 2 N w4tE S ~ I--- f-- n f--- 1-- -----. 1-1-- I--LJ Q - - Exhibit 11 - Other Similar REJquests I / .../ '-- -1 I III IIIVE Beck's Towing 'I " f I I - -NE9TH AVE I I J J 1 1 I Nt:~IMAVt: '~w~~~..;'~.'.~;; ....") <'i-; .';'i/~[I:':~::i~i;~;--) 1i:.'.~' ". I I . ". <'. ~ ,-,'.~ ,'. "r,~j~)::>::;;'\~H; :,_ ::: I-- ",' , ',' .'. ,:::r:lj.. '. ..." .... ".,:;{,! o /I f \ Nt: J I AVE I ' I Florida Collision Center f------ - I AVt: o rn I.LJ ~ [ I I -- Nt: I M ~Vt: II ~ j? AVt: " I / ;jZ NE 6TH AVE City Towing I I .~I ~ '~.t ....J J: ~ ,,,1:: ~VE: I r~ N t. IT.. I /1 a lona ransmlSSlon, nc. 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