boardname
PLANNING AND ZONING/LOCAL PLANNING AGENCY
Meeting Date: JUNE 23, 2021
title
MURPHY EXPRESS REZONING
projectinfo
Request: Rezoning
P&Z# 20-13000005
Owner: Dixie Properties & Investments LLC and Upper Pompano Properties & Investments LLC
Project Location: 1661 N Dixie Highway
Folio Number: 484226000383 & 484226000380
Land Use Designation: C (Commercial)
Zoning District: B-3 (General Business)
Commission District: 4
Agent: Paola A. West (954-529-9417)
Project Planner: Maggie Barszewski (954-786-7921) / maggie.barszewski@copbfl.com
otherinfo
Summary:
SUMMARY
This approximate 2.98-acre property is located on the west side of Dixie Hwy., south of NE 17th Court. The applicant is requesting to rezone the property from B-3 (General Business) to B-4 (Heavy Business). The subject site consists of two parcels that currently have two buildings consisting of a total of approximately 21,000 square feet. The owners/Applicants are Dixie Properties & Investments, LLC and Upper Pompano Properties & Investments, LLC. The Applicants’ intent is to increase the allowable uses on the property. Although the applicants are requesting a rezoning to B-4, Staff is concerned that some of the uses that are permitted in the B-4 District would not be compatible with the adjacent residential properties. The applicant, therefore, volunteered to limit certain types of B-4 uses that are believed to be incompatible with the surrounding properties. This rezoning request was reviewed by the Development Review Committee (DRC) on November 4, 2020.
SITE-SPECIFIC ZONING MAP AMENDMENT (REZONING) REVIEW STANDARDS
In determining whether to adopt or deny a proposed Zoning Map Amendment, the City shall weigh the relevance of information submitted by the applicant and consider the extent to which the proposed amendment is consistent with the Future Land Use Category and any applicable goals, objectives and policies of the Comprehensive Plan. The review criteria for a Site Specific Rezoning Application is as follows:
Section 155.2404.C, Site-Specific Zoning Map Amendment Review Standards
1. The applicant has provided, as part of the record of the public hearing on the application, competent substantial evidence that the proposed amendment:
a. Is consistent with the Future Land Use Category and any applicable goals, objectives, and policies of the comprehensive plan and all other applicable city-adopted plans.
A. The following policies of the City’s Comprehensive Plan Land Use Element have been identified as pertinent to this rezoning:
Policy 01.03.04
Consider the preservation of established single family neighborhoods in all rezonings, land use plan amendments and site plan approvals.
Policy 01.03.06
Consider density and intensity revisions with an emphasis on minimal negative impacts to existing residential areas, particularly single family areas.
Policy 01.03.07
Require the provision of building height transitions and decorative structural or vegetative buffers between different density residential land uses, and residential and non-residential land uses.
Policy 01.03.11
Consider the compatibility of adjacent land uses in all Land Use Plan amendments and rezonings.
Policy 01.03.12
The following criteria may be used in evaluating rezoning requests:
A. Density;
B. Design;
C. Distance to similar development;
D. Existing adjoining uses;
E. Proposed adjoining uses;
F. Readiness for redevelopment of surrounding uses; and.
G. Proximity to mass transit.
B. Findings of Fact. Development Services Department Staff submits the following factual information which is relevant to this Rezoning Application:
1. The rezoning was reviewed by the DRC on November 4, 2020.
2. The property is located on the west side of Dixie Hwy., south of NE 17th Street.
3. The subject property to be rezoned is 2.98 acres.
4. The property is not platted.
5. The existing zoning and uses of adjacent properties are as follows:
|
DIRECTION |
ZONING |
LAND USE |
ACTUAL USE |
|
NORTH |
RS-2/RD-1/B-3 |
Low 1-5/Commercial |
SF, Duplex Houses/Auto Body & Paint Repair Shop |
|
SOUTH |
B-3 |
Commercial |
Vacant |
|
EAST |
T |
Transportation |
Dixie Hwy/R&R/Sand & Spur |
|
WEST |
RS-2 |
Low 1-5 |
SF Houses |
6. The Land Use Designation is C (Commercial).
C. Analysis
This general area was annexed in the late 1970s and has had many challenges over the years with disparate uses being in close proximity since many such uses had been carried over from Broward County’s Zoning Code. Historically, the establishment on the subject property operated as a towing business. There are several industrial-style buildings located on the site that date as far back as 1974. In 2015, the property was converted to function as an ‘Auto and Truck Rental Facility’ use with a temporary permit. Ultimately on August 8, 2018 a Site Plan was approved that included a redesign of the existing parking, upgraded pedestrian and vehicular circulation, as well as paved access throughout the automobile and truck-storage area. To mitigate potential impact on the residential adjacent to the north and west, a buffer and perimeter landscaping was required with the Site Plan approval. That buffering met modified-Type B Buffer requirements, shielding the use to the greatest-extent possible (since a structure and wall had historically been located on the property line).
In addition, the business on the property located adjacent to the north of the subject parcel has historically operated as a legal non-conforming ‘Automotive Paint and Body shop’, which is permitted in B-4, however not in that property’s zoning designation of B-3. Additionally, this area has a line of industrially zoned properties located one lot south of the subject property site, along NE 16th Street. Therefore, the requested rezoning, to some extent, provides for a transition between the B-3 Zoning to the north along Dixie Highway and the Industrial Zoning along NE 16th Street to the south.
In the review criteria it states that the applicant must provide competent substantial evidence that the proposed amendment:
a. Is consistent with the Future Land Use Category and any applicable goals, objectives, and policies of the comprehensive plan and all other applicable city-adopted plans.
To meet the above-listed criteria, considering the compatibility of adjacent land uses is required in all of the above-listed policies. In addressing this, the applicant provides for compatibility by offering voluntary restrictions to limit the B-4 uses. The list of uses in ‘Table A’ below, identifies the B-4 uses that the applicant is voluntarily prohibiting.
Table A
|
Uses Voluntarily Prohibited By Applicant |
|
Sports Shooting |
|
Auto Paint & Body Shop |
|
Auto Wrecker Service |
|
Laundry, Dry Cleaning, Carpet Cleaning & Dying Facility |
|
Tool Repair Shop |
|
Manufacturing, Assembly or Fabrication, Light |
|
Self-Storage & Mini-Warehouse Facility |
|
Warehouse Distribution & Storage |
|
Pawnshop |
All other uses listed within Section 155.3305 (Heavy Business B-4 Zoning District) would be allowed as listed (by right or with restrictions) if this rezoning is approved; however such approval would not be effective until the Voluntary Declaration of Restrictive Covenant instrument is recorded listing the above uses as being prohibited.
All B-3 uses are allowed in a B-4 rezoning and the following additional uses will also be allowed if this rezoning is approved (with the Voluntary Restrictions stated above):
Table B
Additional Permitted, Special Exception and Accessory Uses if B-4 Is Approved (With Voluntary Restrictions in Table A)
|
Use |
B-3 |
B-4* |
Use-Specific Standards |
|
Radio or Television station |
Special Exception |
Permitted |
155.4204.B |
|
Fire Training Facility/ |
Not Permitted |
Permitted |
155.4208 |
|
Specialty Medical Facility |
Special Exception |
Permitted |
155.4209.B |
|
Urgent Care Facility 24 hours |
Special Exception |
Permitted |
155.4209.C |
|
Specialty Hospital |
Special Exception |
Permitted |
155.4209.D |
|
General Hospital |
Special Exception |
Permitted |
155.4209.E |
|
Medical or Dental Lab |
Special Exception |
Permitted |
155.4209.F |
|
Civic Center |
Special Exception |
Permitted |
155.4211.A |
|
Animal Shelter or Kennel |
Not Permitted |
Permitted |
155.4214.B |
|
Boat or Marine Repair & Servicing |
Not Permitted |
Permitted |
155.4215.E |
|
Boat Towing Service |
Not Permitted |
Permitted |
155.4215.G |
|
Amusement Arcade |
Not Permitted |
Permitted |
155.4217.A |
|
Arena, Stadium or amphitheater |
Special Exception |
Permitted |
155.4217.B |
|
Golf Driving Range |
Not Permitted |
Permitted |
155.4217.G |
|
Miniature Golf Course |
Not Permitted |
Permitted |
155.4217.H |
|
Automotive parts sales with installation |
Special Exception |
Permitted |
155.4219.D |
|
Automotive repair and maintenance facility |
Special Exception |
Permitted |
155.4219.E |
|
Battery Exchange Station |
Special Exception |
Permitted |
155.4219.G |
|
Used Automobile and Light Truck Sales with Indoor Display |
Not Permitted |
Permitted |
155.4219.K |
|
Used Auto & Light Truck Sales & Outdoor Display |
Not Permitted |
Special Exception |
155.4219.L |
|
Muffler/transmission sales and installation |
Special Exception |
Permitted |
155.4219.N |
|
Taxi or Limousine Service Facility |
Not Permitted |
Permitted |
155.4219.Q |
|
Tire Sales and Mounting |
Special Exception |
Permitted |
155.4219.R |
|
Heavy truck/recreational vehicle/trailer rental |
Special Exception |
Permitted |
155.4219.U |
|
Contractor’s Office |
Not Permitted |
Permitted |
155.4220.A |
|
Crematory |
Not Permitted |
Permitted |
155.4221.D |
|
Lawn Care, Pool or Pest Control Service |
Not Permitted |
Permitted |
155.4221.I |
|
Flea Market |
Not Permitted |
Special Exception |
155.4222.I |
|
Thrift Shop |
Special Exception |
Permitted |
155.4222.O |
|
Educational, Scientific or Industrial Research and Development |
Not Permitted |
Special Exception |
155.4226.B |
|
Fuel Oil or Bottled Gas Distribution |
Not Permitted |
Special Exception |
155.4226.D |
|
Audio and Visual Recording and Production Studio |
Not Permitted |
Permitted |
155.4226K |
|
Printing or Other Similar Reproduction Facility |
Not Permitted |
Permitted |
155.4226.L |
|
Cabinet or furniture manufacture and woodworking |
Not Permitted |
Permitted |
155.4227.B |
|
Food and/or Beverage products manufacturing (without slaughtering) |
Not Permitted |
Special Exception |
155.4227.E |
|
Plant nursery, wholesale |
Not Permitted |
Permitted |
155.4230.A |
|
Showroom, wholesale |
Not Permitted |
Permitted |
155.4230.B |
|
Other wholesale |
Not Permitted |
Permitted |
155/4230.C |
|
Outdoor storage (as an accessory use) |
Not Permitted |
Special Exception |
155.4303.W |
|
Storage shed (as an accessory use) |
Not Permitted |
Permitted as Accessory |
155.4303.FF |
|
Alcoholic beverage sales as an accessory use to a brewery, winery or distillery |
Not Permitted |
Permitted as Accessory |
155.4303.SS |
|
Moving vendors on private property (as an accessory use) |
Not Permitted |
Permitted as Accessory |
155.4303.VV |
*To be permitted on the site, all uses listed must also meet the Zoning Development Regulations including Parking, Buffering, etc. The building may require a “Change of Use” before these uses will be suitable for the existing buildings. Those uses classified as Industrial (155.4226 to 155.4230) require a Type C buffer and will not be permitted to locate on the site unless the existing buffer is modified to Type C standards.
In light of the voluntary restrictions, staff believes that the applicant has adequately provided competent substantial evidence in addressing the Comprehensive Plan’s policy regarding incompatibility that could otherwise have resulted from an approval of this B-4 rezoning request.
Staff is of the opinion that there is a reasonable basis to support this request because the rezoning (as restricted) would be compatible with the surrounding existing uses. This compatibility is the result of the applicant volunteering the recordation of a Declaration of Restrictive Covenant restricting the more-intense uses that are allowed in B-4 from being permitted on this property.
Staff Recommendation:
Given the information provided to the Board, as the finder of fact, staff provides the following recommendations and alternative motions, which may be revised or modified at the Board’s discretion.
Alternative Motion 1: Recommend approval of the rezoning request as the Board finds the rezoning application is consistent with the aforementioned pertinent Future Land Use goals, objectives, and policies, and all applicable Zoning Code standards. This recommendation is subject to the applicant providing staff with the above-mentioned Voluntary Restrictive Covenant prior to placement on the City Commission agenda (such Covenant would not be recorded until after second reading of a proposed Ordinance).
Alternative Motion 2: Table this application for additional information as requested by the Board.
Alternative Motion 3: Recommend denial as the Board finds that the rezoning request is not consistent with the Future Land Use goals, objectives, and policies of the Comprehensive Plan cited in this report, as required in Section 155.2404.C.
Staff recommends Alternative Motion 1.