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02-97 ORDINANCE NO. 2-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT IN THE GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED AT THE NORTHWEST CORNER OF S.E. 5TH AVENUE AND S.E. 10TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENEP~AL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned AC (Automotive Commercial) District; and WHEREAS, at its meeting of December 16, 1996, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at public hearing and voted 6 to 0 to recommend approval of the rezoning, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of. Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of GC (General Commercial) District for the following described property: Lots 10 through 15, inclusive, Block 8, RIO DEL REY, according to the Plat thereof recorded in Plat Book 12, Page 84, of the Public Records of Palm Beach County, Florida, and together with the right-of-way abandoned by City of Delray Beach Resolution No. 10-86, recorded in Official Record Book 4812, Page 1046 of the Public Records of Palm Beach County, Florida. Less and not including the right-of-way deed to the City of Delray Beach by Right-of-Way Deed recorded in Official Record Book 4812, Page 1050 of the Public Records of Palm Beach County, Florida. The subject property is located at the northwest corner of S.E. 5th Avenue (southbound Federal Highway) and S.E. 10th Street; containing 0.60 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. 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 passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 21st day of January , 1997. ATTEST: JCity-Cl~rk r First Reading January 7, 1997 Second Reading January 21r 1997 - 2 - Ord. No. 2-97 BAR TON APT CONDOS CHURCHILL CONDO s CURRIE COMMONS 5.E 8~ BARNETT ~ ' 5TH AVE. ' GRILL gTH ST. S.E. 10TH DELRA Y PLACE CONDOS WILSON AVE. H -- FL ORANDA CENTRAL AVE. TRAILER ~ S.E. 12TH R0. '.":<PARK HARBOUR M A L L DOMAINE DELRA Y N ~ -REZONING- ~'L^N.~NC O~P^"~,'~ FROM: AC (AUTOMOTIVE COMMERCIAL) TO: GC (GENERAL COMMERCIAL) CII¥ or O£LRAY O{~ACtl, rt -- O/Clr,~L ~sc /~4P sY~JrC~ -- u.*~P REit: LM123 · ~ A PUELIC HEARING I~ff ~ ~ ~ p.m,, ~y ~ F~, ~ ~ ~DI~E ~ THE Cl~ ~ MI~ ~ THE O~ ~ i~CH, F~ REZ~ING ~ED ~ (GENE~ ~ER. ClAU DISTRI~ IN THE AC ~UT~TI~ ~RCI~) TRICT; ~ID ~ND iEING ED ON THE ~ST S;~ ~ FEDE~ HI.WAY APPROXk ~TELY I~ FEET ~RTH ~ ~LEN AVENUE, ~EDI~TELY ~E PARTiCU~RY ~RISED HEREIN; ~ENDING ~P ~ ~LRAY S~CH, FL~F ~ ~; ~OVIDtNG A GENE~L REELER C~, A ~E, ~D ~ EFFE~IVE ~TE. ~ ~DI~NCE ~ THE CI~ ~ MISSI~ OF THE CITY ~ ~L~Y BEACH, F~RI~ R~ING AND ~CING ~ PR~ENTLY Z~ED AC (AUT~TIVE ~ERCIAL~ D~TRI~ IN T~E ~. (GENE~L ~ERCIAL) ~ED AT THE ~RTHWEST C~NER I ~ S.E. ~H AVENUE AND S,E. ~H STREET, ~ ~RE PARTICU~RLY ~RIBED HEREIN; ~ENDING ~ ~ING ~P ~ ~L~Y BEACH, FLORID~ ~?; PROVIDING A ~NE~ REP~ER ~USE, A ~VING C~U~, AND AN EFFEG TIVE ~TE. AN ORDINA~E ~ THE C~ Mt~I~ ~ THE Ci~ ~ tEACH, FL~i~ ~flDING C~PTER ~, ~PARKt~ REGU~ TiOga, SECTI~ ~, ~ARKING ~TER PERMIT~ OF THE ~ ~DINANCES ~ THE CiTY ~L~Y ~CH, ~Y R~VING THE 'RE~IDENT~ ONLY PE~IT' PARKING ~ESTRICTION ON THE ING~ AVENUE PARKING LOT; PROVIDING A GENE~L P~LER C~U~, A ~VING ~U~ ~D AN EFFE~IVE ~TE. AN ORD~E ~ THE C~ C~ M}~t~ OF THE C]~ ~ ~LRAY ~CH, FL~)~ ~NDING ~PTER ~ ~ARKING ~, ~ TNE ~DE ~ ~DI- ~NCE$ OF ~E CITY ~ DEL~Y ~CH, ~Y ~ENDtNG KHEDULE I. TO REV;SE PARKING FO~ CERTAIN LOTS IN THE ~W~ ~ ARE~ AND MEND;gG KHEDULE I1~ ~ARKING METER ~NEg, eY ~DING THE AVENUE PARKING LOT; ~DtNG A GENE~ REP~LER AN EFFE~I~ ~TE. * CI~ ~ D~L~Y A~ACH C~ C~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~I SUBJECT: AGENDA ITEM #/~- REGULAR MEETING OF JANUARY 21, 1997 SECOND READING/OUAS I - JUDICIAL PUBLIC HEARING FOR ORDINANCE NO. 2-97 (REZONING FOR GOLD COAST MEDICAL CENTER) DATE: JANUARY 17, 1997 This is second reading and a quasi-judicial public hearing for Ordinance No. 2-97 which rezones a 0.60 acre parcel of land from AC (Automotive Commercial) District to GC (General Commercial) District. The subject property is located at the northwest corner of S.E. 5th Avenue (southbound Federal Highway) and S.E. 10th Street. The site has been used for vehicle storage associated with the Wallace car dealerships. The proposed rezoning to GC will accommodate the construction of a 3,000 to 3,500 sq.ft0 medical center/family practice building (Gold Coast Medical Center). Please refer to the staff report for further review and analysis. The Planning and Zoning Board considered this matter at a public hearing on December 16, 1996, and voted 6 to 0 to recommend approval based upon positive findings with respect to policies of the Comprehensive Plan, and Chapter 3 (Performance Standards) and Section 2.4.5(D) (5) of the Land Development Regulations. At first reading on January 7, 1997, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 2-97 on second and final reading. ref:agmemo7 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~i! SUBJECT: AGENDA ITEM #1~- REGULAR MEETING OF JANUARY 7, 1997 FIRST READING FOR ORDINANCE NO. 2-97 (REZONING FOR GOLD COAST MEDICAL CENTER) DATE: JANUARY 2, 1997 This is first reading for Ordinance No. 2-97 which rezones a 0.60 acre parcel of land from AC (Automotive Commercial) District to GC (General Commercial) District. The subject property is located at the northwest corner of S.E. 5th Avenue (southbound Federal Highway) and S.E. 10th Street. The site has been used for vehicle storage associated with the Wallace car dealerships. The proposed rezoning to GC will accommodate the construction of a 3,000 to 3,500 sq.ft, medical center/family practice building (Gold Coast Medical Center). Please refer to the staff report for further review and analysis. The Planning and Zoning Board considered this matter at a public hearing on December 16, 1996, and voted 6 to 0 to recommend approval based upon positive findings with respect to policies of the Comprehensive Plan, and Chapter 3 (Performance Standards) and Section 2.4.5(D) (5) of the Land Development Regulations. Recommend approval of Ordinance No. 2-97 on first reading. If passed, a quasi-judicial/public hearing will be scheduled for January 21, 1997. ref:agmemo7 TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ,  ~__.PARTMEN:I' QF PLANNING AND ZONING FROM: J A. COSTELLO SUBJECT: MEETING OF JANUARY 7, 1997 REZONING FROM AC (AUTOMOTIVE COMMERCIAL) TO GC (GENERAL COMMERCIAL) FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF S.E. 5TH AVENUE (SOUTHBOUND FEDERAL HIGHWAY) AND S.E. 10TH STREET. The action requested of the City Commission is that of approval on first reading of an ordinance rezoning a 0.60 acre parcel of land from AC (Automotive Commercial) to GC (General Commercial) for Gold Coast Medical Center. The subject property is located at the northwest corner of S.E. 5th Avenue (Southbound Federal Highway) and S.E. 10th Street. The proposal inc. orporates Lots 10-15, Block 8, Rio Del Rey, and contains 0.60 areas. The property contains an existing parking lot with a chain link fence at the perimeter of the property. The rezoning from AC to GC will allow the development of the property with a medical office building (family practice) with a total square footage between 3,000 and 3,500 sq.ft. The proposal consists of a walk-in medical center comprising of a full scope of family practice services including pediatrics, adult medicine, geriatrics, gynecology, X-Rays, etc. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. City Commission Documentation Meeting of January 7, 1997 Rezoning from AC to GC for Gold Coast Medical Center Page 2 At its meeting of December 16, 1996, the Planning and Zoning Board held a public hearing in conjunction with review of the rezoning. There was public testimony in support of the request. After reviewing the staff report, the Board voted 6-0 (Carbone absent) to recommend that the rezoning request be approved, based upon positive findings with respect to policies of the Comprehensive Plan, and, Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations. By motion, approve on first reading the ordinance for the rezoning from AC (Automotive Commercial) to GC (General Commercial) based upon positive findings with respect to the policies of the Comprehensive Plan, and Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, setting a public hearing date of January 21, 1997. Attachments: P & Z Staff Report and Documentation of December 16, 1996 Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: December 16, 1996 AGENDA ITEM: V.B. ITEM: Rezoning from AC (Automotive_ Commercial) to GC (General Commercial) for a parcel of land located at the northwest corner of S.E. 5th Avenue (Southbound Federal Highway) and S.E. 10th Street. GENERAL DATA: , BAR TON APT Owner .................. ~..: .............. Bill Wallace Nissan/Inc. CHURCHILL Applicant ................................. Dr. Munira Kiota & Mr. Ascar Chinikamwala Location .............. ~ ................... Northwest corner of S.E. 5th Avenue (Southbound Federal Highway) and S.E. 10th Street Property Size .......................... 0.60 Acre Land Use Map Designation .... General Commercial Existing Zoning ....................... AC (Automotive Commercial) Proposed Zoning .................... GC (General Commercial) Adjacent Zoning ............ North: GC East: GC South: RT (Resort/Tourism) West: R-I-A (Single Family ,~,,, Residential) Existing Land Use .................. Existing parking lot with a chain link fence around the perimeter of the property. Proposed Land Use ................ Construction of a 3,000 to 3,500 sq. ft. Medical CentedFamily Practice building. Water Service ......................... Available via a service lateral connection to an existing 6" main along the north side of S.E z 10th Street. Sewer Service ......................... Available via a service lateral to an existing 8" main with the north/south alley. DDMAINE DELRA Y HARBOURS EDGE BANYAN TREE VILLAGE V.B. The item before the Board is that of making a recommendation to the City Commission on a privately sponsored rezoning from AC (Automotive Commercial) to GC (General Commercial) for Gold Coast Medical Center, pursuant to LDR Section 2.4.5(D). The subject property is located at the northwest corner of S.E. 5th Avenue (Southbound Federal Highway) and S.E. 10th Street. The proposal incorporates Lots 10-15, Block 8, Ri° Del Rey, and contains 0.60 areas. The property contains an existing parking lot with a chain link fence at the perimeter of the property. The site's development history dates back to 1948 at which time a duplex was constructed on lot 10. Subsequently, a garage was constructed on Lot 10 in 1950 and the balance of the property remained vacant. In 1985, the duplex and garage were demolished, and a parking lot was constructed which was associated with the Wallace Nissan Dealership, across from the property on the east side of S.E. 5th Avenue (Southbound Federal Highway). The Wallace Nissan dealership vacated the site in November 1988, however, the property has been utilized for vehicle storage associated with the Wallace Dealerships at Germantown Road and Wallace Drive. In November, 1992, a site plan application to establish a vehicle repair facility on the property was rejected as the proposal did not comply with the location restrictions of the AC (Automotive Commercial) zone district, which prohibit vehicle repair facilities within 100 feet of residentially zoned property, and orientation of the overhead doors from facing residential properties and adjacent rights-of-way. The proposal is to change the zoning designation of the property from AC (Automotive Commercial) to GC (General Commercial). The rezoning to GC will allow the development of the property with a medical office building (family practice) with a total square_footage between 3,000 and 3,500 sq.ft. The proposal consists of a walk-in medical center comprising of a full scope of family practice services including pediatrics, adult medicine, geriatrics, gynecology, X- Rays, etc. P & Z Board Staff Report Rezoning from AC to GC for Gold Coast Medical Office Page 2 ,REQUIRED FINDINGS: (Chapter 3) Pursuant to 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 Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. 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 General Commercial Future Land Use Map designation and is currently zoned AC (Automotive Commercial). The proposed GC (General Commercial) zoning is consistent with the General Commercial land use designation. Pursuant to the LDR Section 4.4.9(B)(2), within the GC zone district, the proposed medical office is allowed as a permitted use. Based upon the above, a positive finding can be made with respect to consistency with the land use map designation. 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. Water & Sewer: Water service is available via a service lateral connection to an existing 6" water main along the north side of S.E. 10th Street. Adequate fire suppression is provided via an existing fire hydrant at the southwest corner of the site. Sewer se .rvice is available via a service lateral connection to an existing 8" main within the north/south alley to the west. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. No upgrades to the adjacent water or sewer mains P & Z Board Staff Report Rezoning from AC to GC for Gold Coast Medical Office Page 3 is required of this development. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: With a rezoning request drainage plans are not required. The site contains an existing parking lot, with minimal pervious area. The rezoning will not negatively impact this existing situation. The proposal involves construction of a new medical office building with associated parking and landscape areas. With a site plan submittal, .drainage plans will be submitted. There are no problems anticipated retaining, drainage on site and obtaining a South Flodda Water Management District permit. Traffic: As the intensity of uses within the AC and GC zoning districts are similar, comparable traffic volumes would be generated. With the submittal of a site plan application, a full traffic impact study must be submitted. The traffic study must comply with the Palm Beach County Traffic Performance Standards Ordinance. There are no problems anticipated meeting this level of service standard. Parks and Recreation: Park and dedication requirements do not apply to nonresidential uses. Solid Waste: Trash generated each year by the commemial uses under the GC zone district will be similar or greater than that generated by the auto related commercial uses allowed under the AC zone district. The proposed 3,500 sq.ft, medical office building is anticipated to generate 8 tons of trash per year. The development of the property under the GC zone district should not create an adverse impact on this level of service standard. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) 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 the making of a finding of overall consistency. P & Z Board Staff Report Rezoning from AC to GC for Gold Coast Medical Office Page 4 COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted. Future Land Use Element Objective A-1 - Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical conditions, is complementary to adjacent land uses, and fulfills remaining land use needs. The property has been disturbed and is developed'as a parking lot with a chain link fence around the perimeter. The existing parking lot will be removed and replaced with a new medical office building. The proposed zoning of General Commercial and its potential uses will be complementary to the surrounding commercial developments and can be developed in a manner that will be compatible with the residences to the west. The proposal complies with Future Land Use Element Goal Area "C" of the City's Comprehensive Plan, which states that blighted areas of the City shall be redeveloped and renewed, and shall be the major contributing areas to the renaissance of Delray Beach. Thus, the proposal fulfills a need to eliminate blighted properties. This policy will be further addressed at the time of site and development plan review. Section 3.3.2 (Standards for Rezoning Actions): Standards A and B are not applicable. The applicable performance standards of Section 3.3.2 are as follows: (C) Additional strip commercial zoning on vacant properties shall be avoided. This policy shall not preclude rezonings on land that at the time of rezoning has improvements on it. Where existing strip commercial areas or zoning exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. While the GC zoning district sometimes results in strip commercial development, it is typical of the zoning along the Federal Highway pairs (NE/SE 5th & 6th Avenues). This particular property is bordered on the west by an alley which separates it from the residential neighborhood to the west, therefore, the property's depth cannot be increased. The property contains less than the 1.5 acres required for vehicle sales, per the AC zone district regulations. The 0.60 acre parcel is of sufficient size and length to support a well-planned development that could support GC type uses. P & Z Board Staff Report Rezoning from AC to GC for Gold Coast Medical Office Page 5 (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses 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 subject property is bordered by the following: to the north and east, across S.E. 5th Avenue, are zoned GC (General Commercial); to the south, across S.W. 10th Street is zoned RT (Resort/Tourism); and, to the west, across the alley, is zoned R-1-A (Single Family Residential). The surrounding land uses are as follows: to the north is a commercial structure, .Design-a-Shade mail order business; south is vacant land; to the east is Shell's restaurant; and, to the west, is a single family subdivision (Osceola Park). Compatibility with the adjacent residential properties is not a major concern. There are sufficient regulations i.e. increased building setbacks and buffering, to mitigate any potential adverse impacts of the commercial uses [reft LDR Sections 4.6.4(A)]. These regulations include trees every 25 feet with a continuous hedge or 6' high masonry wall adjacent to the residences. Compatibility will be further addressed at the time of site and development plan review. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: 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; 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 applicant has submitted a justification statement which states the following: "Rezoning is requested from AC to GC for the purpose of a walk-in medical center comprising of a full scope of family practice services P & Z Board Staff Report Rezoning from AC to GC for Gold Coast Medical Office Page 6 including pediatrics, adult medicine, geriatrics, gynecology, X-Rays, etc. This will benefit the neighborhood communities as it is conveniently located on Federal Highway and offers easy accessibility from 1-95 and A- I-A via Linton Boulevard. GC zoning would also allow for business and professional uses e.g. medical and dental clinics, professional offices, etc. which are more compatible for benefiting and serving the residential community as compared to AC uses which are restricted only to automotive and related businesses. /n view of the ongoing expansion of the City, GC uses would enhance the growth and development of the community. Further, the Wallace Nissan storage lot comprises of only 0.60 acres which is inadequate size for AC uses as generally required for AC uses is 1 to 1.5 acres.". Comment: The basis for which the ~:ezoning is being sought relates to Item "c". The proposed zoning is similar in intensity as allowed under the General Commercial Future Land Use Map designation. As the property only contains 0.60 acres, the property does not meet the 1.5 acre minimum lot size requirement of the AC zoning district for the sale, lease or rental of automobiles, trucks, boats and recreation vehicles. Further, the AC zone district prohibits the location of specialty service shops i.e. mufflers, tires, etc., and repair facilities within 100 feet of residentially zoned property, and restricts the orientation of overhead doors towards residentially zoned property and adjacent public rights- of-way. Given the above, it is unlikely that the property can be properly developed under the AC zone district, therefore, the GC zoning district is more appropriate. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the development proposal. Any future development will be required to comply with all Land Development Regulations. .Special Landscape Setback Pursuant to LDR Section 4.3.4(H)(6)(b), along Federal Highway, single frontage lots with a depth up to 200', _must provide a 10' landscape setback. As the property is 128.50' feet in depth, any development of the property will require the installation of a 10' landscape setback along S.E. 5th Avenue (Southbound Federal Highway;). P & Z Board Staff Report Rezoning from AC to GC for Gold Coast Medical Office Page 7 The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority) and HPB (Historic Preservation Board). Community Redevelopment Agency At its meeting of November 14, 1996, the CRA reviewed and recommended approval of the rezoning request. .Courtesy Notices; Special courtesy notices were provided to the following homeowners and civic associations: [] Delray Property Owners [] Silver Terrace [] Osceola Park D Harbourside ~ Delray Harbour Club I~i PROD (Progressive Residents Of Delray) Public Notice: Formal public notice has been provided to-property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The rezoning from AC (Automotive Commercial) to GC (General Commercial) to is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Developm.ent Regulations. The proposed rezoning will enable positive findings to be made with LDR Section 2.4.5(D)(5) (Rezoning Findings), as the GC zoning is more appropriate given the size of the properly and its location adjacent to the residential neighborhood to the west. There are no problems anticipated with future development complying with the Land Development Regulations. I A. Continue with direction. P & Z Board Staff Report Rezoning from AC to GC for Gold Coast.Medical Office Page 8 B. Recommend approval of the rezoning request from AC to GC for Gold Coast Medical Center, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5.). C. Recommend denial of the rezoning request from AC to. GC for Gold Coast Medical Center, based upon a failure to make positive findings with respect to LDR Section 2.4.5(D)(5), that the rezoning does not fulfill one of the reasons for which a rezoning should be sought. ;: :: ~.':'.'.i ~: ~.:'.~'~ ~ ~?~. ~ ~ ~.f~ :~: ~.;. ;. ';:;'*' ~:~$' '*" I~:;';~:'.~: ~' ~'*' i:'.~*' ~*"* ~-~ :~ ~ :'* ~': :: .::~"***'~:~: i; :"*"~::.:~'"' ~.~:~" ::'"' i~*'* :"*" ?.:*'*"~* ~:~:"* :~;'* ~:'.'.**' ~'* :' ~. ~.~"i :'.':'¢-'.~'~ ~* ~::;**~:~,~ ~* ~ ~'~'-; *' ~;~ ~-~ :~:i~f.'. ~ ~.~.'. ~':~ ~ ~: ~.~.~.~.: z i: i:~::.: ~,~ ~'-'~ Recommend to the City Commission approval of the rezoning from AC to GC for Gold Coast Medical Center, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachment: Location/Zoning Map Survey This Staff Repod. was prepared by: Jeff Coste]lo, Senior Planner To,: O'Brien,~iSer &O'Brien Inc. ~rc,~: Landtech I~age SVs:ems !2-38-~B B:53a~ o. 2 o? 5 n~ I ' i m n ~ ' R~$OLUTION NO. 10-86 A RESOLUTXC~I OF TH~. CZTY C~CIL OF THE CZTY OF DE~Y ~CH, F~DA, V~ATING ~D ~IN~ A PORTION OF ~Tff A~NUE ~D S.E. 10TH ST~ET L~ATED AT ~E Z.E. C0~ER O~ ~ 10, BL~K 8, R~O DEL REY, ~CO~NG ~ P~T THEREOF ~CO~ IN P~T B~E 1~, PAGE 84 OF THE PUBLIC REcess OF PA~ BEACH C~Y, FLORIDA. ~E~, B~ll Wallace Nifgan~ Inc., a FLorida Co=pora~on, P~at thereo[ on f$1~ ~n ~he Office of ~he Clerk of the C~rcui= Cour~ And ~o~ P~ Beach Coun=~, ~'~ori~8, Eecor~e~ in Plat ~ok 12, Page ~ER~S, Nilli~ L. Wallace has made .application for abando~ent of a portion of S.E. 5th Avenue and S.E~ loth Str~e~., ~ffE~AS, the City Council of the City o~ Delray ~ach, Florida, o~-~lzay Be~ch to vacate and abandon said por~ion of S.E. 5th Avenue and S.~. 10ch S~ree~, N~ THERSFO~ BE IT RESOLVEO ~Y THE CITY COU~ID OF TH~ CITY O~ DEL~Y BaAC~, FLORIDA, 'AS ~LL~S: Section ~. T~a~ ~ursuan~ ~o Chapter 16~ o~ tbs Florida · interest it holds to the followin9 described real Co~encing at the Southwest Corner of Lot 10. 8lock 8, PI~= Book ~2, Page 84 of tbs PublAc Records of Palm County, Florida~ thence =un East, based on an assu~d · eridia~ 29.36 ~ee~ a~ong ~he Sou~h line o~ saAd.~iock 8, t0 a point of curvature, ~aid poin~ also beAnE the of beginnin~ of the hereafter descried l~nd~ ~hence run Northeasterly along said curve to the left, ~avlng a radius of 100.00 fee=, a central angle o~ 89~30~20", fez an sro d~l~ance of [56.22 feet to i point o~ tangent on 99.14 fleet alon~ the ~ou~herl~ extension o~ the Eas~ l~ne of said B~ock 8 ~o ~he poin~ of ~n~ersection w~th ' Eal~erl~ extension 0t the ,Sou~h line of si~d ~lock 8~ thance run West 99.14 fee~ ,long ~he Eas~ecly extension of ~hl S0u~h ~ne of la~d ~lock 8 ~o ~he point Of begin- nl~g. Containing 20~3 squ~re ~eet~ ~=e o= Thi~ instrment prepared ~_ '_ , ~ ~ ~_ Nerbert W~A. Thle~e, Esq. y e~ Cxty Attorney 100 N.~. ls~ Avenue Delr~y Beach, FL 33444 To: O'$rien,$uiter & O'~rzen Inc. Fr~: Landtech IzaQe Svste~s 12-30-95 B:54~ p. 3 o? 5 MALL ABAN~)ONblENT O~ A PORTION OF  [ S.£. 5th AVE. & S.E. ~O~h 1 UN~LATTED] DELRAY l, ELI~F.,A~E'I"~ A~NAU, C/C), Clerk o[ the City of De~ay Beach,~FLottda, do hereby cert~/y Chat the a~ve and fo~esolng ~. n true and correct cppy o[ pmeeed by C~ry ~uncl[ on the 25th dmy of ~ebruary, 1986. IN ~I~ESS ~F.. I h~vm hereunto ~ec my ~ and Delray ~ach, Flo~td~, . .-' ~bls.,,,..... the 3rd day ol ~rcb, 1986. RECOSD VERIF~EO ' * *' :~ ~HN B. DUNKLE City Clerk. ' (~.~ ~ ." ~'. .,.' ~,,, . City cf Oelray ~each . }~arties cf the first part, and CITY OF DEL~Y BEAcll in the County ~-'~lm Beach and ~tate of Florida, a Municipal Corporation, as par,,~v th~ second part. I'~ITNESSETB, that ~he p~rt:J, es 0f the first part, for and in con- ::~,~.,:'ation of the sum of One Dollar an~ other valuable Consideration :. ;d, recelpt of which is hereby, acknowledged, do hereby grartt, -]<%~se, quit claim and convey unto the party of the second part, its z;u~:c~ssors and assiqns foTever, the following described land, situate, ~.~%) anti being in the Couaty of Palm Beach, State of F].orida, duscrib- ~,.~'~nnJn$ at the ~uth~e~e corner of Lot ~0, Block 8, of said Rio Del.Rey; ehence on an ~$istance of 128.SO f~t; thence N 00~29'40"E 41.70 feet alon~ the Southerly East line of said Block 8; thence S45'1&'67"~ ~9.28 feet to a pot~: 7.~ feet North the ~aaterl'y extension of the South line of sa~d eZoek 8; thence rU~ l'eet North of and paralleled ~lth aa~d Easterly extension of ehe Soueh line of Block 93.80 feet to a point an the Wese llne of said Lot 10, Slack 8, thence SOO*29'40"W 7.~O fee: ol~n~ said ~eat line to the po~nt of beglnni~. ~::~:. Lh~, said partio$ of the first part do hereby fully warrant the. '~:i~'Lc to said land, and will defend the sam~,~ a<jainst the lawful ~:l.'~%ms of all persons whomsoever-. Further, the said partitas cf t}~u first pazt .~arr~:fit that there .."~. ~:o outstandin~j {~orcgaqe~ liens, judo'meEts, easem~7~lta, or encum- '...')~c~'}:er of record o~' not of ,3~c:~.~rCi, excc>f.~t. ~s :-;~3t f(~rth herein. 9'~rien.$oiter [ 0'Brian Inc. Frc,~: Landtech Image Systems · O ~'/~ ARO ~O HO~ ~H~ S~, to~ethor .it~ all and the appurtenances thereto belonging or in an~i~e incident or apper- taining, and all the estate, right, title, i~teres~, an~ elmira what- soever of the parties of the first part, in law or in eq'aity.', to the only proper use, benefit and behoof of the said party of the second part, its successors, and assigns. IN WITNESS WREREOF, the parties to this Right-of-Way Deed set their, hands and seals the day and year first a~ve written. WITNESS: PA~IES 0P THE ~IRST PART .... ,~' STATE OF FLORIDA CUUNTY OF PALM BEACH I HEREBY CERTIFY that o~ this day, befer~ met an officer authorized in the State and County aforesaid to take acknowledg- ments, personally appear~ R.D. Mll~er , well known to me, and they acknowledged executing the same. ';:'/TN~SS my hand and official seal in the County and State last aforesaid ~bis 14ch .day of Oc~o~ · , I9~__. '' ,~;;~, .' RECORD vERIFIED ~ALM BEACH COUNTY. FLA JOHN 8, OUNKLE C~-ERK CIRCUIT COiJRT To: O'6rien,Suiter [ O'Brien Inc. =rcm: tandtech Image Systems 1Z-38-95 B:53am p. 1 oF 5 To: O'Brien,Suiter & O'Brien Inc. Date: 12-30-96 From: Landtech Image Systems Page 1 of 5 Need Help? Call us at (561) 659-3908 or (800) 835-1523 Document Availabiiity: Palm Beach County Books 1632 through 9'564 Broward County Books 12660 through 25?35 Request Type Book Page Status Instrument Book 4812 Page 1046 4812 1046 Sending 4812 1047 Sent Instrument Book 4812 Page 1050 4812 1050 Sending 4812 1051 Sent Number of Pages Requested: 4 Number of Pages Processed: 4 LEGAL VERIFICATION FORM FILE #: 967-021 PROJECT NAME: BILL WALLACE NISSAN, INC. LEGAL DESCRIPTION: Lots 10 thru 15 inclusive, Block 8, Rio Del Rey, according to the Plat thereof recorded in Plat Book 12, Page 84 of the Public Records of Palm Beach County, Florida, and together with the right-of-way abandoned by City of Delray Beach Resolution No. 10-86, recorded in Official Record Book 4812, Page 1046 of the Public Records of Palm Beach County, Florida. Less and not including the right-of-way deed to the City of Delray Beach by Right-of-Way Deed Recorded in Official Record Book 4812, Page 1050 of the Public Records of Palm Beach County, Florida. SOURCE of Legal Description: Survey (copy attached) VERIFIED BY: DATE: /~ VERIFICATION REQUEST NEEDED BY: DECEMBER 10, 1996 LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND READING: VERIFIED BY.~i~ DATE: ~ VERIFICATION REQUEST NEEDED BY: LEGNISS ~mt)ossed seal ~:~ : ~ lZ : ~Z ~ ~ ~ ~ ....... ' ' [ ~'.~, '~.'.~:~- _. i~ .,~ ...: _'. ., ~ .~.~ .,. :: .~,,~ ~, i O'BRIEN, SUITER S O'BRIEN, INC. , CNGINE[~' ~ .... .. YOnS LAND PLANNERS ~ ,. 26~.,~ NOR~, ' ED:h,~_ ~ ~¢..~ r~ '~ B~AC" ~L'~p~[,~· -:.~ 27+.45C~ 7%' DESCRIPTION: LOTS 10, 1t, 12, 13, 14 AND 15, BLOCK 8, RIO DEL REY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12, PAGE 84 OF THE PUBLIC RECORDS O~ PALM BEACH COUNTY, FLORIDA, AND TOGETHER WITH THE RIGHT-OF-WAY ABANDONED BY CITY OF DELRAY BEACH RESOLUTION NO. 10-86, RECORDED IN OFFICIAL RECORD BOOK 48121, PAGE 1046 THE PUBLIC RECORDS OF PALH BEACH COUNTY, FLORIDA. LESS AND NOT INCLUDING THE RIGHT-OF-WAY DEED TO THE CITY OF DELR~Y BEACH B~ RIGHT-OF-WAY DEED RECORDED IN OFFICIAL RECORD BOOK 4812, PAGE 105~ OF THE PUBL!C RECORDS OF PALH BEACH COUNTY, FLORIDA.