Ord 01-11ORDINANCE NO. O 1-11 ~I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING ORDINANCE NO. 39-90, THE GULF STREAM BUILDING,
BY REPEALING SECTION 1 AND ENACTING A NEW SECTION 1 CHANGING THE
ALLOWABLE USES FROM CONDITIONAL USES TO PERMITTED USES AND
ADDING A NEW USE OF A RESIDENTIAL CONDOMINIUM TO BE LIMITED TO
THE FIFTH FLOOR; AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES, SECTION 4.4.25(G), "S.A.D.s," SUBSECTION (6), TO
REFERENCE ORDINANCE 01-11; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 2.2.2(E)(6), the Planning and Zoning Board for the City of
Delray Beach, as local planning agency held a public hearing and considered the proposed amendment at
its meeting of December 20, 2010 and voted 6 to 0, to recommend that the request be approved, based
upon positive findings; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as
the Local Planning Agency, has determined that the changes are consistent with the Comprehensive Plan;
and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning
and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent
with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Ordinance No. 39-90, Section 1, is hereby repealed and a new Section 1 is
hereby enacted to read as follows:
(a). That pursuant to Section 4.4.25 "Special Activities District (SAD)" "Allowed Uses and
Structures," approval for the subject property is hereby granted for the following "Principal (permitted)
Uses":
Medical Offices limited to 12,000 square feet
Professional Offices
Trustees limited to the conduct of "trust business" as defined in Florida Statutes, Chapter 658, or as may be
amended
Retail banking offices limited to 4,000 square feet; Drive-in facilities shall not be allowed
Charitable Foundations
Executive offices which are not frequented by the general public at the premises
One Pharmacy
One Real Estate Brokerage firm
One Securities Brokerage firm
Advertising/Public Relations offices
Nursing Placement offices
One Title Insurance Company
Marine or aviation brokerage firms, without on-premises storage of items which are brokered
and a maximum of four bedrooms as shown on Exhibit "A".
(b). That Section 4.4.25(G), "S.A.D.s", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
(6) The F~l€s-t~ ~ , HHH Bush Building, Ordinance No. 38-84, modified by Ordinance No.
39-90, ~~~~'~ modified by Ordinance 01-11.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 4 . That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to
be invalid.
Section 5. That this ordinance shall become effective immediately upon its passage on the second
and final reading.
PASSED AND ADOPTED in regular session on secon and final reading n this the ~ day of
2011.
ATTE M A
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City Clerk
First Reading ~ ~ ~~
Second Reading oZ ~ ~~
2
Ord No. 01-11
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: January 18, 2011
Page 1 of 1
SUBJECT: AGENDA ITEM 10 A -REGULAR COMMISSION MEETING OF FEBRUARY 1, 2011
ORDINANCE NO.O1-11
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to modify the Gulf Stream Building SAD
(Special Activities District) Ordinance 39-90, to reclassify the uses listed within the ordinance from
conditional uses to principal (permitted uses) and to expand the list of uses to add "one residential
condominium on the 5th floor with a maximum of 4,925 sq. ft. and a maximum of four bedrooms. The
Gulf Stream Building n/k/a HHH Bush Building is located on the north side of George Bush Boulevard
east of the Intracoastal Waterway at 1177 George Bush Boulevard.
BACKGROUND
At the first reading on January 18, 2011, the Commission passed Ordinance No. 01-11.
RECOMMENDATION
Recommend approval of Ordinance No. 01-11 on second and final reading.
http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=4140&MeetingID=283 2/2/2011
ORDINANCE NO. 01-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING ORDINANCE NO. 39-90, THE GULF STREAM BUILDING,
BY REPEALING SECTION 1 AND ENACTING A NEW SECTION 1 CHANGING THE
ALLOWABLE USES FROM CONDITIONAL USES TO PERMITTED USES AND
ADDING A NEW USE OF A RESIDENTIAL CONDOMINIUM TO BE LIMITED TO
THE FIFTH FLOOR; AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES, SECTION 4.4.25(G), "S.A.D.s," SUBSECTION (6), TO
REFERENCE ORDINANCE Ol-1 l; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 2.2.2(E)(6), the Planning and Zoning Board for the City of
Delray Beach, as local planning agency held a public hearing and considered the proposed amendment at
its meeting of December 20, 2010 and voted 6 to 0, to recommend that the request be approved, based
upon positive findings; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as
the Local Planning Agency, has determined that the changes are consistent with the Comprehensive Plan;
and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning
and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent
with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Ordinance No. 39-90, Section 1, is hereby repealed and a new Section 1 is
hereby enacted to read as follows:
(a). That pursuant to Section 4.4.25 "Special Activities District (SAD)" "Allowed Uses and
Structures," approval for the subject property is hereby granted for the following "Principal (permitted)
Uses":
Medical Offices limited to 12,000 square feet
Professional Offices
Trustees limited to the conduct of "trust business" as defined in Florida Statutes, Chapter 658, or as may be
amended
Retail banking offices limited to 4,000 square feet; Drive-in facilities shall not be allowed
Charitable Foundations
Executive offices which are not frequented by the general public at the premises
One Pharmacy
One Real Estate Brokerage firm
One Securities Brokerage firm
Advertising/Public Relations offices
Nursing Placement offices
One Title Insurance Company
Marine or aviation brokerage firms, without on-premises stora~e of items which are brokered
An additional option of one residential condominium on the 5` floor with a maximum of 4,925 square feet
and a maximum of four bedrooms as shown on Exhibit "A".
(b). That Section 4.4.25(G), "S.A.Ds", of the Land Development Regulations of the Code of
Ordu~ues of the City of Delray Beach, Florida, be and the sarm is hereby amended to read as follows:
(6) The 6~l€-l~tal HHH Bush Btrilding. Ordinance No. 3&84, rrodified by Ordinance No.
39-90, estal3li rrodified by Ordinance 01-11.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 4 . That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to
be invalid.
Section 5. That this ordinance shall become effective immediately upon its passage on the second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the day of
2011.
ATTEST
City Clerk
First Reading
Second Reading
MAYOR
Ord No. O1-I 1
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Estelio Breto, Senior Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH: City Manager
DATE: January 12, 2011
Page 1 of 2
SUBJECT: AGENDA ITEM 12 A. -REGULAR COMMISSION MEETING OF JANUARY 18, 2011
ORDINANCE NO. 01-11
ITEM BEFORE COMMISSION
Consider a modification of the Gulfstream Building SAD (Special Activities District) Ordinance 39-90,
to allow an additional option of one residential condominium unit on the 5th floor with a maximum of
4,925 sq. ft. and a maximum of four bedrooms. The current option for commercial and office uses on all
five floors will continue. The modification will also include changing the listed uses from conditional to
permitted uses.
BACKGROUND
The subject property is located at the northwest corner of Andrews Avenue and George Bush Boulevard
(1177 George Bush Boulevard) and occupies a 1.39-acre site. The Gulfstream Building was constructed
in 1962 under RM-10 (Multiple Family Residential Medium Density 10 units/acre) zoning. The initial
SAD (Special Activities District) zoning, Ordinance 38-84 for the Gulfstream Building, was approved
by the City Commission on September 11, 1984. At its meeting of September 11, 1990, Ordinance 39-
90 was approved by the City Commission to modify conditional uses for the Gulfstream Building. On
At its meeting of December 20, 2010, the Planning and Zoning Board held a public hearing associated
with a request for a modification of the Gulfstream Building SAD (Special Activities District)
Ordinance 39-90, in conjunction with a change to Section 2 (a) to allow an additional option of one
residential condominium on the 5th floor with a maximum of 4,925 sq. ft. and a maximum of four
bedrooms. The modification also recommended changes to allow uses as permitted versus conditional.
No one from the public spoke either in support or opposition to the rezoning request. After reviewing
the staff report and discussing the proposal, the Board voted 6-0 to recommend approval of the
modification of the Gulfstream Building SAD (Special Activities District) Ordinance 39-90.
RECOMMENDATION
Approve on first reading Ordinance 01-11 for the SAD rezoning amending the Gulfstream Building
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4121 &MeetingID=282 1/18/2011
Coversheet
Page 2 of 2
Ordinance 39-90 Section 2 (a), to allow one residential condominium on the 5th floor with a maximum
of 4,925 sq. ft. and a maximum of four bedrooms and modify uses from conditional uses to permitted
uses, by adopting the findings of fact and law contained in the staff report, and finding that the request
and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR
Sections 2.4.5(5), 3.1.1 and the Land Development Regulations.
http://itwebapp/AgendaIntranet/B luesheet.aspx?ItemID=4121 &MeetingID=282 1 / 18/2011
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEEt1NG DATE: December 20, 2010
AGENDA ITEM: Iv.A.
ITEM: Modification of the Gulfstream Building SAD Ordinance 39-90 (Special
Activities District), to add one residential condominium on the 5~' floor of the
building with a maximum of 4,925 sq. ft. and a maximum of four bedrooms and to
change the allowed uses from conditional to permitted uses, ~
GENERAL DATA:
Applicant ................................ Michelle Stein
Location ...................................... 1177 George Bush Boulevard
Property Size .............................. 1.39 acres
Existing FLUM ........................... TRN (Transitional)
Proposed FLUM ......................... No Change
Current Zoning ............................ SAD (Special Activities District) -
Gulfstream Building Ordinance 39-90
Proposed Zoning ........................ SAD (Special Activities District)
Adjacent Zoning ................North: RM (Multiple Family Residential
- Medium Density)
East: RO (Residential/Office)
South: RM (Multiple Family Residential
- Medium Density)
West: RM (Multiple Family Residential
- Medium Density)
Existing Land Use ...................... Multiple Tenant professional Office
Building
Proposed Land Use .................... Multiple Tenant professional Office
Building with an option for a
Residential Unit on the Top Floor
Water Service ......................... Existing on site via an 8" and 12"
water main and several fire hydrants
Sewer Service ........................ Existing on site via an existing 8°
sewer main
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The item before the Board is that of making a recommendation to the City Commission on a
modification of the Gulfstream Building SAD (Special Activities District) Ordinance 39-90, in
conjunction with a change to allow an additional option of one residential condominium on the 5~'
floor with a maximum of 4,925 sq. ft. and a maximum of four bedrooms. The current option for
commercial uses on all five floors will continue. The modification will also include changing uses from
conditional to permitted uses. The Gulfstream Building is located on the north side of George Bush
Boulevard east of the Intra Costal Waterway (1177 George Bush Boulevard).
The subject property is located at the northwest corner of Andrews Avenue and George Bush
Boulevard (1177 George Bush Boulevard) and occupies a 1.39-acre site. The Gulfstream Building
was constructed in 1962 under RM-10 (Multiple Family Residential Medium Density 10 units/acre)
zoning. The initial SAD {Special Activities District) zoning, Ordinance 38-84 for the Gulfstream
Building, was approved by the City Commission on September 11, 1984.
Section 2 (a) of Ordinance 38-84 indicates that the only conditional uses currently permitted on this
property are the following:
• Four (4) medical offices not exceeding 9,200 square feet which use shall cease on or before
January 1, 1991.
• Professional Offices, limited to accountants, architects, landscape architects, attorneys,
engineers, and individual and corporate trustees limited to the conduct of trust business as
defined in Florida Statutes Chapter 658 but excluding any commercial banking business.
• Charitable foundations executive offices of the following financial institutions: market research
and analysis companies, publishing companies, real estate investment and development
companies, each such executive office limited to 3,500 square feet.
• Pharmacy limited to 720 square feet which use shall cease on or before January 1, 1991.
• One 1 Real Estate Brokerage Office limited to 1,250 square feet.
• One 1 Securities Brokerage Firm limited to 2,500 square feet.
• One 1 Advertising/Public Relations Office limited to 1,000 square feet.
• One 1 Nursing Placement Office limited to 1,500 square feet.
• .Private Executive Offices which do not conduct business with the general public.
At its meeting of September 11, 1990, Ordinance 39-90 was approved by the City Commission to
provide for modified conditional uses for the Gulfstream Building. Ordinance No 39-90 repealed
Ordinance No 38-84 Section 2 (a) and a new Section 2 (a) was enacted to read as follows:
The only conditional uses to be permitted are:
• Medical Offices limited to 12,000 square feet.
• Professional Offices.
• Trustees limited to the conduct of trust business as defined in Florida Statutes Chapter 658 or
as may be amended.
• Retail banking offices limited to 4,000 square feet. Drive-in facilities shall not be allowed.
• Charitable Foundations.
• Executive offices which are not frequented by the general public at the premises.
• One Pharmacy.
• One Real Estate Brokerage firm.
• One Securities Brokerage firm.
Planning & Zoning Board Staff Report -Meeting of December 20, 2010
Gulfstream Building SAD
Page 2
• Advertising/Public Relations offices.
• Nursing Placement offices.
• One Title Insurance Company.
• Marine or aviation brokerage firms without on premises storage of items which are brokered.
On September 10, 2007, a request for a site plan modification of the Gulfstream Building was
administratively approved by the Planning Director. The project included parking lot reconfiguration,
handicap accessibility, and landscape improvements.
Now before the Board for action is a request for a modification of the Gulfstream Building SAD
(Special Activities District) Ordinance 39-90, in conjunction with a change to Section 2 (a) to allow an
addition option for one residential condominium on the 5th floor with a maximum of 4,925 sq. ft. and
a maximum of four bedrooms. The modification will also recommend changes to allow uses as
permitted versus conditional. ~.(~
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REQUIRED FINDINGS (Chapter 31:
Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record. This
may be achieved through information on the application, the staff report, or minutes.
Findings shall be made by the body, which has the authority to approve or deny the
development application. These findings relate to the following four areas.
FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the
zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map (PLUM) designation of TRN (Transitional) and a
zoning designation of SAD (Special Activities District) which are consistent with one another. SAD
Zoning is deemed consistent with any land use designation on the Future Land Use Map. The
Transitional (TRN) land use designation allows office, commercial, and residential uses. Therefore,
the addition of the proposed residential use along with the existing commercial uses as part the SAD
is consistent with the Comprehensive Plan, and compatible with surrounding developments in the
area. Thus, this standard has been met.
Pursuant to LDR Section 4.4.25(8)(1), all uses which are to be allowed in a particular SAD shall be
established at the time of establishment of the SAD zoning designation through inclusion in the
rezoning ordinance. Additional uses may be allowed after review and recommendation by the
Planning and Zoning Board and approval by ordinance of the City Commission. The site plan depicts
an existing 25,686 sq. ft. 5-story office/commercial building. Modification of the existing SAD
Ordinance to add one residential condominium on the 5~` floor with a maximum of 4,925 sq. ft., a
maximum of four bedrooms is being processed as a rezoning application. The proposed use is
compatible with surrounding existing development and the mixed-use character of the area. The
proposed change is consistent with the adjacent development pattern to the south (The Landing
Condominium, multifamily residential units with RM zoning); north (The Water Way North
Condominium, multifamily residential units with RM zoning), east (professional office building with RO
-Residential Office zoning), and west (The Inlet Cove Condominium, multifamily residential units with
RM zoning). Thus, positive findings can be made with respect to PLUM consistency.
Planning & Zoning Board Staff Report -Meeting of December 20, 2010
Gulfstream Building SAD
Page 3
CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to
new development concurrent with issuance of a Certificate of Occupancy. These facilities
shall be provided pursuant to levels of service established within the Comprehensive Plan.
As described in Appendix "A", a positive finding of concurrency can be made as it relates to water
and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required
findings in LDR Section 2.4.5(D){5) for the Rezoning request shall be the basis upon which a
finding of overall consistency is to be made. Other objectives and policies found in the
adopted Comprehensive Plan may be used in making a finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the
following applicable objective was found:
Future Land Use Element Objective A-1 Property shall be developed or redeveloped in a
manner so that the future use and infensity is appropriate in terms of soil, fopographic and
other applicable physical considerations, is complimentary to adjacent land uses and fulfills
remaining land use needs.
The SAD (Special Activities District) zoning designation is deemed consistent with the underlying
land use as shown on the Future Land Use Map (PLUM). The PLUM designation TRN (Transitional)
appropriately reflects (with the proposed residential condominium on the 5'" floor), the transition
between the RO (Residential Office) use located to the northeast along Andrews Avenue and the
multiple family residential condominium buildings located to the south, north and west portion of the
property. The modification of the SAD (Special Activities District) ordinance to allow the option of one
residential condominium on the 5~' floor with a maximum of 4,925 sq. ft. and a maximum of four
bedrooms will not negatively impact the existing land uses in the area.
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be addressed by the
body taking final action on the site and development application/request.
The latest site plan modification approved and certified on November 1, 2007, met all LDR
requirements including 30% open space. The current proposal does not modify the footprint of the
building in anyway, and thus, all applicable LDR requirements continue to be met. The current
proposal will only impact required parking. However the introduction of this use would require less
parking than is currently required.
Required Parking:
The current Ordinance 39-90 allows the following conditional uses:
• Commercial Office on the 5~' floor limited to 4,925 sq. ft.
• Medical Offices limited to 12,000 square feet.
• Professional Offices.
• Trustees limited to the conduct of trust business as defined in Florida Statutes Chapter 658 or
as may be amended.
• Retail banking offices limited to 4,000 square feet. Drive-in facilities shall not be allowed.
• Charitable Foundations.
• Executive offices which are not frequented by the general public at the premises.
• One Pharmacy.
Planning & Zoning Board Staff Report -Meeting of December 20, 2010
Gulfstream Building SAD
Page 4
• One Real Estate Brokerage firm.
• One Securities Brokerage firm.
• Advertising/Public Relations offices.
• Nursing Placement offices.
• One Title Insurance Company.
• Marine or aviation brokerage firms without on premises storage of items which are brokered.
Pursuant to LDR Section 4.6.9(C)(4)(c), medical and dental offices, including clinics and mental
health treatment facilities, shall provide five (5) spaces per 1,000 sq. ft. of gross floor area. Pursuant
to LDR Section 4.6.9(C)(4)(a) business and professional offices except for governmental and medical
offices, shall provide 4 spaces per 1,000 sq. ft. of net floor area up to 3,000 sq. ft. and then 3.5
spaces per 1,000 sq. ft. of net floor area over the initial 3,000 sq. ft.
Pursuant to LDR Section 4.6.9(C)(2)(c), two or more bedrooms per residential unit shall provide 2
parking spaces per unit plus 0.5 cumulative guest parking spaces per unit for the first 20 units. The
proposed residential condominium on the 5~' floor with a maximum of 4,925 sq. ft. and a maximum of
four bedrooms, will require 2.5 parking spaces. Alternatively, if the proposed 4,925 sq. ft. was
operated as a commercial office condominium it will require 19 parking spaces (3,000x4=12+1,925 x
3.5=7) or as medical office 25 parking spaces (4,925x5/1,000=25). Thus, the residential option would
reduce required parking by either 16 of 22 spaces.
Handicapped Accessible Parkins:
Pursuant to LDR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the
handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building
Construction.
The subject property was established as an office/commercial facility. The Florida Accessibility Code
for Building Construction and Federal ADA requirements for commercial properties requires the
provision of handicap parking spaces based on the number of spaces provided in a parking facility,
versus the number of spaces required. In short, the code requires 1 ADA compliant space per 25
spaces up to the first 100 spaces, plus an additional space per each 50 up to 200, etc. The existing
development currently provides 95 parking spaces, thereby requiring 3 ADA compliant spaces while
4 ADA parking spaces are provided, thus meeting the code requirement.
COMPATIBILITY:
The requested designation will be compatible with the existing and future land uses of the
surrounding area.
As demonstrated in the following "Rezoning Analysis" section, the proposed modification to the SAD
Ordinance number 39-90 will be compatible with the existing and future land uses of the surrounding
area. The proposed residential use is compatible with the surrounding existing developments of the
neighborhood, and the Multifamily Residential {RM) and the Residential Office (RO) character of the
area. The proposed change is consistent with the adjacent development pattern to the south (The
Landing Condominium, multifamily residential units with RM zoning); north (The Water Way North
Condominium, multifamily residential units with RM zoning), east (professional office building with RO
-Residential Office zoning), and west (The Inlet Cove Condominium, multifamily residential units with
RM zoning). Thus, compatibility is not a concern with this proposal since it will not negatively impact
the existing and future uses in the area nor will it negatively impact the pattern of development of the
neighborhood.
Planning 8~ Zoning Board Staff Report -Meeting of December 20, 2010
Gulfstream Building SAD
Page 5
. ~s: ~ ~: s..' ~ ~ r,`> FtEZONIN'G ANALYSIS 1 ~„ ` r ~ ~~y,~ .t ~~ ",~ fir:; ~" .w
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance
with the development criteria of the LDR were previously discussed under the "Required Findings"
section of this report. Compliance with the Land Development Regulations with respect to
"Standards for Rezoning Actions and Rezoning Findings" are discussed below.
Section 3.2.2 (Standards for Rezoning Actions): Standards "A", "B", "C", and "E" are not
applicable with respect to this rezoning request. An evaluation of the applicable standards is
discussed below:
Standard "D" requires that the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations exist to properly mitigate adverse
impacts from the new use.
The following table identifies the zoning designations and uses that are adjacent to the subject
property:
Ad'acent Zonin Ad'acent Land Uses:
North RM (Multiple Family Residential) The Water Way North Condominium
West RM (Multiple Family Residential) The Inlet Cove Condominium
East RO (Residential/Office) Professional Office Building
South RM Multi le Famil Residential The Landin Condominium
The introduction of an option to allow residential use rather than office use/commercial use on the
fifth floor will enhance this property comparatively with adjacent predominantly residential uses. The
development proposal will not hinder development or redevelopment of nearby properties. The
existing adjacent land uses will not be negatively impacted by the proposed use of the property.
LDR SECTION 2.4.5(D)(5} -REZONING FINDINGS:
Pursuant to LDR Section 2.4.5(D)(5), in addition to provisions of Chapter 3, the City
Commission must make findings that the rezoning fulfills at least one of the reasons listed
under Subsection (2):
(a) That the zoning had previously been changed, or was originally established, in
error;
(b) That there has been a change in circumstances which make the current zoning
inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The requested change to the SAD (Special Activities District) zoning ordinance number 39-
90 is to allow one residential condominium on the 5~h floor with a maximum of 4,925 sq. ft.
and a maximum of four bedrooms and to change allowed uses from conditional to permitted
uses.
Planning & Zoning Board Staff Report -Meeting of December 20, 2010
Gulfstream Building SAD
Page 6
The applicable findings for which the rezoning should be granted, relates to item "c"
identified above, indicating that the development located at 1177 George Bush Boulevard is
of similar intensity as allowed under the FLUM and is more appropriate for the property
based upon current circumstances specific to this site. It is further noted, that this is a minor
change which would not involve a change in the footprint of the building or other site related
attributes. This change will enhance compatibility and will not have a detrimental impact in
the existing zoning and development pattern of the area in terms of the intensity of the use
proposed. The requested change from conditional uses to permitted uses will also have no
negative impact in the existing zoning or pattern of development in the area.
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'" ~;~ ;a ~ ' ~',~',~, ~',,~ u ~'~.~"„~~ ~`~ RfIUIEW, Y,9T , ERS,, ' z ~~ 4 ~a z„ ~+~ `~,;?~ , t.<<~ '~~-,r ~~~`>~,~`r ~ .
The development proposal is not within a geographical area requiring review by the DDA (Downtown
Development Authority) or CRA (Community Redevelopment Agency).
Courtesy Notices:
A special courtesy notice was provided to the following homeowners and/or civic organizations:
• Neighborhood Advisory Council Beach Property Owners Association
^ Inlet Cove Town of Gulfstream
^ Delray Citizen's Coalition
Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting.
Public Notices:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of objection and/or support, if any, will be presented at the Planning and Zoning
Board meeting.
__ _._- _ ~ # <~ ~~ :,. ~ASSES_S_MENT AND;GON.CLUSION ---_-' ~ . ;?. ,, .',. ,<,.:<
The requested change to the SAD (Special Activities District) zoning ordinance number 39-90 is to
allow one residential condominium on the 5~' floor with a maximum of 4,925 sq. ft. and a maximum of
four bedrooms and modify uses from conditional uses to permitted uses. The proposal will not
require any additional parking spaces nor modify any site development criteria. Positive findings can
be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for
Rezoning Actions) and LDR Section 2.4.5(D)(5)(Rezoning Findings) and the Goals, Objectives, and
Policies of the Comprehensive Plan. Therefore, rezoning the subject property to modify the existing
SAD Ordinance 39-90 zoning is recommended for approval, based on the findings outlined in this
staff report.
A. Move a recommendation of approval to the City Commission for the SAD rezoning amending the
Gulfstream Building Ordinance 39-90 for the subject property, by adopting the findings of fact
and law contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections
2.4.5(D)(5), 3.1.1 and the Land Development Regulations.
Planning & Zoning Board Staff Report -Meeting of December 20, 2010
Gulfstream Building SAD
Page 7
B. Move a recommendation of denial to the City Commission for the SAD rezoning amending the
Gulfstream Building Ordinance 39-90 for the subject property, by adopting the findings of fact
and law contained in the .staff report, and finding that the request is inconsistent with the
Comprehensive Plan and does not meet the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1
and the Land Development Regulations.
~`~ , ;:_~ ~ ' t ,~ ~„ ' ''~-~STAFfr E~BC.QMMENDA'TL~QNS'/,tr } `,:iT,`.;'.~,~ik*, r~ ' ~ s .~~t,a~ nii~~~:.
Move a recommendation of approval to the City Commission for the SAD rezoning amending the
Gulfstream Building Ordinance 39-90 Section 2 (a), to allow one residential condominium on the
5~' floor with a maximum of 4,925 sq. ft. and a maximum of four bedrooms and modify uses from
conditional uses to permitted uses, by adopting the findings of fact and law contained in the staff
report, and finding that the request arid approval thereof is consistent with the Comprehensive Plan
and does meet the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1 and the Land Development
Regulations.
Staff Report Prepared by: Estelio Breto, Senior Planner
Attachments:
^ Location Map
^ Site Plan
^ Floor Plan
^ Landscape Plan
Planning & Zoning Board Staff Report -Meeting of December 20, 2010
Gulfstream Building SAD
Page 8
Pursuant to LDR Section 3.1.1(8), concurrency, as defined pursuant to Objective B-2 of the
Land Use Element of the Comprehensive Plan, must be met and a determination made that
the public facility needs of the requested land use and/or development application will not
exceed the ability of the City to fund and provide, or to require the provision of, needed
capital improvements for the following areas:
Water and Sewer:
The site is already served by water and sewer service. Municipal water service is available via
connection to a 6" water main located along George Bush Boulevard r-o-w. Fire protection is
provided by a fire hydrant located on the southeast side of the site. The Comprehensive Plan states
that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build-
out population based on the current FLUM. Thus, a positive finding with respect to this level of
service standard can be made.
Sewer service is available to the site via an existing 8" sewer main which is located along George
Bush Boulevard r-o-w. Pursuant to the Comprehensive Plan, treatment capacity is available at the
South Central County Waste Water Treatment Plant for the City at build-out.
Streets and Traffic:
The subject property is located at northwest corner of Andrews Avenue and George Bush Boulevard.
The Gulfstream Building was constructed in 1962 under RM-10 (Residential Medium Density 10
units/acre) zoning. The .initial SAD (Special Activities District) zoning, Ordinance 38-84 for the
Gulfstream Building, was approved by the City Commission on September 11, 1984. At its meeting of
September 11, 1990, Ordinance 39-90 was approved by the City Commission to provide for modified
conditional uses for the Gulfstream Building. Findings of traffic concurrency were established with the
original Gulfstream development in 1984 and 1990. It is noted that the conversion of use from the
4,925 sq. ft, of office floor area to a four bedroom residential unit will diminish the average daily trips
generated by the building and will result in less than 200 Average Daily Trips (ADT), and thus, no
adverse impact on the area is anticipated as a result of this project. Based upon the above, a positive
finding with respect to traffic concurrency can be made.
Parks and Open Space:
The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its
conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted
standards". A park impact fee is collected to offset any impacts projects may have on City
recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit
will be collected prior to issuance of a building permit for the interior renovation and conversion of the
4,925 sq. ft of office floor area to residential use for parks and recreation services.
Solid Waste:
The office component of the existing development will generate 13.29 tons of solid waste per year
(4,925 sq. ft. x 5.4 tons = 26,595/2000 = 13.29 tons). The proposed conversion to residential floor
area will generate 0.8 tons of solid waste per year (1 residential unit x 0.8 tons = 0.8 tons). This is an
Planning & Zoning Board Staff Report -Meeting of December 20, 2010
Gulfstream Building SAD
Page 9
overall decrease of 13.1 (13.29 - 0.8 = 13.1) tons of solid waste per year. The solid waste that will
be generated can be accommodated by existing facilities and thus, will not have a significant impact
on this level of service standard. The Solid Waste Authority has indicated that its facilities have
sufficient capacity to handle all development proposals till the year 2065.
Drainage:
Drainage is existing on site and the conversion of 4,925 sq. ft from office floor area to residential use
should have no impact on drainage as it relates to this level of service standard. Based upon the
above, positive findings with respect to this level of service standard can be made.
Schools:
The proposed conversion of 4,925 sq. ft. of office floor area to one residential unit will not
significantly impact school concurrency, and thus, a positive finding with respect to this level of
service standard can be made.
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