Ord 30-00ORDINANCE NO. 30-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 39-96
WHICH ESTABLISHED THE SPECIAL ACTIVITIES (SAD) ZONING
DISTRICT FOR CERTAIN LAND LOCATED IN THE SILVER
TERRACE SUBDIVISION, BY AMENDING SECTION 2 OF SAID
ORDINANCE 39-96 TO gl.IOW ADDITIONAL USES ALONG DIXIE
HIGHWAY, AS THE SAME IS MORE PARTICULaKRLY DESCRIBED
HEREIN; PROVIDING FOR THE RENUMBERING OF THE
REMAINDER OF SAID SECTION 2; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the PLanning and Zoning Board considered the proposed amendment
at a public hearing on October 16, 2000, and voted 5 to 0 to recommend approval based on positive
findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for
Rezoning Actions), I.DR Section 2.4.5(I2))(5) (Rezoning Findings), and the goals, objectives and
policies of the Comprehensive Plan; and
WHEREAS, pursua_nt to Florida Statute 163.3174, the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DF.I.RAY BEACH, FLORIDA, AS FOLLOWS:
Section L That Section 2 of Ordinance No. 39-96 be, and the same is hereby
amended to read as follows:
Section 2. That the uses allowed for the subject properties described in Section 1,
above, pursuant to Section 4.4.25 of the Land Development Regulations of the City of Dekay
Beach, shall be as follows:
(1) For Lots 4-10, Block 4, and Lots 24-25, Block 6, the uses allowed are
intended to provide the oppommity to locate limited retail and service uses in a manner convenient
to and yet not disruptive of residential areas, as described below.
All uses listed as Principal, Conditional, or Accessory uses within the
NC (Neighborhood Commercial) zoning district regulations, but
excluding the sale of convenience foods and beverages;
A single family residence, either separate or within a structure
housing a nonresidential use, provided that the residence is occupied
by the owner, proprietor, or employee of a business enterprise
conducted on the property.
(2) For Lots 4-9. Block 4, the following uses are pemaitted in addition to the
uses listed under Subsection (1) above:
All uses listed as Principal uses within the RO .(Residential Office)
zoning district regulations, but excluding duplexes.
(g _3) For Lots 8 and 9, Block 4, the following use is permitted in addition to the
uses listed under Subsections (1) and (2) above:
Full service automobile repair, subject to the limitations contained in
Section 3, Subsection (1).
(3 4_) For Lots 7 and 10, Block 4, the following use is permitted in addition to the
uses listed under Subsection (1) above:
Expansion of the existing automobile repair facility located on Lots 8
and 9, Block 4, subject to the limitations contained in Section 3,
Subsection (1).
(4 5) For Lots 1-3, Block 4, and Lots 9-10, Block 5:
Principal Uses as listed in the RO (Residential Office) zoning district
regulations.
Conditional Uses as listed in the RO (Residential Office) zoning
district regulations.
Accessory uses as listed in the RO (Residential Office) zoning district
regulations.
For Lots 1-17, Block 2, Lots 1-15, Block 3, Lots 1-7, Block 5, and Lots 7-23,
Block 6:
(a) Permitted Uses:
(i) Multiple Family Residential Structures with three or more units
(ii) Single Family Detached Dwellings
2 Ord. No. 30-00
Conditional Uses as listed in the RiM (Medium Density Residential)
zoning district regulations.
Accessory Uses as listed in the RIM (Medium Density Residential)
zoning district regulations.
(6 _7) For Lot 23, Block 6, the following use is permitted in addition to the uses
listed under Subsection (S 6_) above:
Parking in conjunction with a nonresidential use on Lots 24 and 25,
Block 6; provided that no access exists from Miami Boulevard.
~ 8) All uses listed as Conditional Uses in the zoning district regulations referred
to herein must be approved pursuant to Land Development Regulations Section 2.4.5(E),
"Estabhshment of Conditional Use".
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 3. 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 4. That this ordinance shall become effective mediately upon passage on
second and final reading.
the 21st
PASSED AND ADOPTED in regular session on second and final reacting on this
__ day of November .... 2000.
ATTEST:
City
Clerk
MAYOR
First Reading November 7, 2000
Second Reading November 21, 2000
3 Ord. No. 30-00
MEMORANDUM
TO:
FROM:
SUBJECT:
M/AYOR AND CITY COMMISSIONERS
~CITY MANAGER
AGENDA ITEM ] 0/~ - REGULAR MEETING OF NOVEMBER 21, 2000
ORDINANCE NO. 30-00 (AMENDMENT OF THE SILVER TERRACE
SPECIAL ACTMTIES DISTRICT)
DATE:
NOVEMBER 17, 2000
This is second reading and a public hearing for Ordinance No. 30-00 which amends the ordinance
that established the Silver Terrace Special Activsties District (SAD) by adding the principal uses within
the RO (Residential Office) Dxstrict, except duplexes, as permitted uses on certain properties along
Dixie Highway. Additional background and a complete analysis of the request are contained m the
attached City Commission documentauon from Planning and Zoning.
The Planning and Zoning Board reviewed the proposed amendments at a public hearing on October
16, 2000, and voted 5 to 0 to recommend that amendment of the Silver Terrace SAD ordinance be
limited to the addition of the principal uses v~thm the RO (Residential Office) zoning district, except
duplexes, for the affected property. At first reading on November 7, 2000, the C~ty Commission
passed the ordinance on a 4 to 0 vote.
Recommend approval of Ordinance No. 30-00 on second and final reading.
?ca g-0
Ref:Agrnemo21.Ord.30-00 Silver Terrace SAD Amendment
CITY
COMMi'SSION
DOCUMENTATIO'N
TO:
DAVID T. HARDEN
CITY MANAGER
THRU:
FROM:
PAUL DORLING, ACT, lNG DIRECTOR OF PLANNING AND ZONING
SENIOR PLANNER
SUBJECT:
CITY COMMISSION MEETING OF NOVEMBER 7, 2000.
AMENDMENT OF THE SILVER TERRACE SAD (SPECIAL
DISTRICT) ORDINANCE.
ACTIVITIES
With the adoption of the Comprehensive Plan in 1989, the City designated the Silver Terrace
area as Redevelopment Area # 4 on the Future Land Use Map. The redevelopment plan was
adopted by the City Commission on March 5, 1996. In order to deal with a number of
nonconforming and unsightly commercial uses and structures within the area, the
redevelopment plan recommended the application of a flexible zoning district. The
recommendation called for the establishment of an SAD district which would accommodate
most of the existing uses as conforming while limiting future uses and development in the area
to the character identified in the plan. The Ordinance establishing the SAD was adopted by the
City Commission on September 17, 1996.
On August 23, 2000, an application was submitted from the property owner of the metal
warehouse building at 1026 S. Dixie Boulevard (Lots 4-5, Block 4) to modify the SAD
Ordinance. This property is located within the neighborhood commercial area of the SAD. The
uses allowed in this area are intended to provide the opportunity to located limited retail and
service uses in a manner convenient to and yet not disruptive of residential area.
In order to allow better utilization of the property, the applicant proposes the following
amendments to the SAD Ordinance:
· To add the principal uses within the RO (Residential Office) zone district, except duplexes
as permitted uses;
· Remove the restriction on the sale of convenience food and beverages;
· Allow contractors offices, including storage of construction materials;
· Allow the retail sale of new or used furniture, carpet, tile, draperies, antiques and
appliances;
· Allow the storage of construction supplies, boats, motorcycles or vehicles in existing
nonresidential structures with garage facilities; and,
· Modify the requirement that nonresidential structures shall take access from S. Dixie
Highway and SE 1(? Street to exempt existing nonresidential structures.
The applicant has requested that these changes also apply to the two properties immediately to
his north (Lots 6-9, Block 4). The required "Owners Consent and Designation of Agency" forms
have been submitted for each of these properties.
City Commission Documentation
Amendment of the Silver Terrace SAD Ordinance
Page 2
Most of the uses proposed by the applicant represent an intensification of use that would have
a negative impact on the neighborhood and are not consistent with the adopted redevelopment
plan. Additionally, these uses are only permitted in commercial or industrial zoning categories
that are inconsistent with the existing TRN (Transitional) FLUM designation. However, addition
of the principal uses within the RO (Residential Office) district, except duplexes, is compatible
with the redevelopment plan and the FLUM designation. Therefore the amendment should be
limited to these uses only.
Modification of the requirement that all nonresidential structures shall only take access from S.
Dixie Highway and SE 10th Street to exempt existing nonresidential structures is not consistent
with the redevelopment plan. Furthermore, the change is unnecessary, since the existing
nonconformities can continue until the existing structures are redeveloped or a major change of
use occurs.
Additional background and analysis of the request are found in the attached Planning and
Zoning Board Staff Report.
~;~ PLANNIt'G A'ND' Z~'Ni~N!~ ~BO~A'RD,:'~CON~]DERA,T~i'ON' .... ,
The Planning and Zoning Board reviewed the proposed amendments at its October 16, 2000
meeting. Neighborhood Resident, June Carr spoke in favor of the staff's recommendations to
limit the amendment to the principal uses within in the RO district, except duplexes, and to deny
the change to the access requirements for nonresidential structures. Mrs. Carr expressed
concern over the impact of past users of the subject property parking within the grassed
retention area in the neighborhood. Mrs. Jean Beer cautioned amending the ordinance since
there was considerable neighborhood participation in the preparation of the redevelopment
plan.
The Board supported the staff recommendation and recommended by a vote of 5/0 (Peltzie and
Hasner absent) that amendment of the Silver Terrace SAD Ordinance be limited to the addition
of the principal uses within the RO (Residential Office) zoning district, except duplexes as
permitted uses on the subject properties.
Adopt the attached amendments to the Silver Terrace SAD Ordinance based on the
recommendation and findings of the Planning and Zoning Board.
Attachments:
* Planning & Zoning Board Staff Report
· Ordinance
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
MEETING DATE:
AGENDA ITEM:
ITEM:
October 16, 2000
III.C.
Amendment to
---STAFF REPORT---
the Silver Terrace SAD (Special Activities District)
Ordinance to Additional Uses Along Dixie Highway, Located on the East
Side of Old Dixie Highway, Approximately 40' South of S.E. 10th Street.
PINE GROVE
ELEMENTARY
SCHOOL
FALL RIDGE
GENERAL DATA:
Owners ...................................... Various
Applicant .................................... Richard A. Brochu
Location ..................................... East side of Dixie Highway, approximately 40' south of S.E.
10th Street
Property Size ............................. 0.95 Acre
Future Land Use Map ................General Commercial & Transitional
Current Zoning .......................... SAD (Special Activities District)
Adjacent Zoning ............... North: SAD
East: SAD
South: SAD
West: R-1-A (Single Family Residential) across Railroad
Existing Land Use ..................... Existing commercial, auto repair facility and single family
home
Proposed Land Use ................... Amendment to the Silver Terrace SAD Ordinance to allow
additional uses along Dixie Highway.
Water Service ............................ Ex~sting on site.
Sewer Service ........................... Existing on site.
III.C.
The action before the Board is that of making a recommendation to the City Commission
on proposed amendments to the Silver Terrace SAD (Special Activities District)
Ordinance.
SAD's are established and modified by an ordinance which is processed as a rezoning.
Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations, the Planning and
Zoning Board shall review and make a recommendation to the City Commission with
respect to the Rezoning of any property within the City.
With the adoption of the Comprehensive Plan in 1989, the City designated the Silver
Terrace area as Redevelopment Area # 4 on the Future Land Use Map. The
Comprehensive Plan required the preparation of a redevelopment plan for the area,
including the installation of required infrastructure and the establishment of FLUM
designations for all properties in the area. The redevelopment plan was adopted by the
City Commission at its meeting of March 5, 1996.
In order to deal with a number of nonconforming and unsightly commercial uses and
structures within the area, the redevelopment plan recommended the application of a
flexible zoning district. The recommendation called for the establishment of an SAD
district which would accommodate most of the existing uses as conforming while limiting
future uses and development in the area to the character identified in the plan. The
Ordinance establishing the SAD was adopted by the City Commission on September 17,
1996. The SAD creates three use areas within the subdivision: a neighborhood
commercial area, a residential office area, and a residential area. Permitted uses for
parcels within each of these areas are identified in the SAD Ordinance.
On August 23, 2000, an application was submitted from the property owner of the metal
warehouse building at 1026 S. Dixie Boulevard (Lots 4-5, Block 4) to modify the SAD
Ordinance. This property is located within the neighborhood commercial area of the SAD,
including Lots 4-10, Block 4 and Lots 24-25, Block 6. The uses allowed in this area are
intended to provide the opportunity to located limited retail and service uses in a manner
convenient to and yet not disruptive of residential area. Uses permitted in this area are as
follows:
All uses listed as Principal, Conditional, or Accessory uses within the NC
(Neighborhood Commemial) zoning district regulations, but excluding the sale of
convenience foods and beverages;
A single family residence, either separate or within a structure housing a
nonresidential uses, provided that the residence is occupied by the owner,
proprietor, or employee of the business enterprise conducted on the property; and,
· In additional to the above uses, full service automotive repair is permitted for Lots 8
and 9, Block 4 (This is an existing use).
Planning & Zoning Staff Report
Silver Terrace SAD Ordinance Amendments
Page 2
Since establishment of the SAD, the applicant has made numerous attempts to lease or
sell his building. The applicant contends that the permitted uses his property are too
limiting and are making this impossible.
In order to allow better utilization of the property, the applicant proposes the following
amendments to the SAD Ordinance:
To add the principal uses within the RO (Residential Office) zone district, except
duplexes as permitted uses;
Remove the restriction on the sale of convenience food and beverages;
Allow contractors offices, including storage of construction materials;
· Allow the retail sale of new or used fumiture, carpet, tile, draperies, antiques and
appliances;
· Allow the storage of construction supplies, boats, motorcycles or vehicles in existing
nonresidential structures with garage facilities; and,
· Remove the requirement that nonresidential structures shall take access from S. Dixie
Highway and SE 10th Street for existing nonresidential structures.
The applicant has requested that these changes also apply to the two properties
immediately to his north (Lots 6-9, Block 4). The required "Owners Consent and
Designation of Agency" forms have been submitted for each of these properties.
REQUIRED FINDINGS:
LDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use
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, written
materials submitted by the applicant, 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 resulting use of land or structures must be allowed in
the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future
Land Use Map.
The FLUM designation for the applicant's property is TRN (Transitional). The property
immediately to the north (Lots 6-7, Block 4) contains a single family house and is
designated Transitional and GC (General Commercial). The second property to the
north (Lots 8-9, Block 4) contains an auto repair facility and is designated GC (General
Commercial). The permitted uses for these properties specified in the SAD Ordinance
are consistent with these FLUM designations.
Planning & Zoning Staff Report
Silver Terrace SAD Ordinance Amendments
Page 3
Nonresidential zoning districts consistent with the Transitional land use designation
include the following: NC (Neighborhood Commercial); POC (Planned Office Center);
POD (Professional Office District); RO (Residential/Office); CF (Community Facilities);
OS (Open Space); and, OSR (Open Space and Recreation). The proposed
amendment seeks to add a number of uses which are not permitted within any of these
zoning districts and therefore not compatible with the FLUM designation. These include
the sale of new or used furniture, carpet, tile, draperies, antiques and appliances,
contractor's offices with storage and the storage of construction supplies, boats,
motorcycles or vehicles. A positive finding with respect to consistency with the FLUM
designation and zoning cannot be made with respect to these uses.
The applicant's request to add the principal uses allowed within the RO (Residential
Office) district (except duplexes) and the sale of convenience food and beverages are
permitted within the applicable zoning districts in the TRN (Transitional) FLUM
designation. Thus, positive findings can be made regarding consistency of the FLUM
designations and zoning with respect to these uses.
Concurrency - Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
Of the additional uses requested under the applicant's proposal, convenience stores
have the highest demand on facilities and services and therefore represent the highest
intensity possible. Under the current SAD ordinance, a fast food sit down restaurant
(no drive-thru) is the highest intensity use permitted on the subject properties. A
comparison between this use and convenience store use is provided as follows:
Streets and Traffic:
The subject properties are approximately 0.95 acres in size. At a Floor Area Ratio
(FAR) of .30, these parcels could be redeveloped with approximately 12,600 square
feet commercial uses. The highest intensity use currently permitted is a fast food
restaurant. This use would have the following trip generation according to Table 10.8-
3 "Fair Share Road Impact Fee Schedule", Palm Beach County Traffic Performance
Standards Ordinance:
T = 632.12/1000 square feet * 12,600 square feet
T = 7,965
less 45% passer by rate
T = 4,381
Under the proposal, convenience store use(s) would have the following trip generation:
T = 737.99/1000 square feet * 12,600 square feet
T = 9,299
less 60% passer by rate
T = 3,719
As shown above, the additional uses requested for the subject properties would have
less potential impact on streets and traffic than uses currently permitted.
Planning & Zoning Staff Report
Silver Terrace SAD Ordinance Amendments
Page 4
Water and Sanitary Sewer:
Water and Sanitary Sewer service are available to the subject parcels. The Delray
Beach Water Treatment Plant and the South Central Wastewater Treatment Facility
have adequate capacity to serve the City at build out.
Solid Waste:
The Solid Waste Authority indicates that it has capacity to serve development in the
County at its current LOS of 7.2 pounds per day per capita for the life of the existing
landfill. The current SAD allows for approximately 12,600 s.f. of restaurant
development, with an estimated solid waste generation of 157 tons per year. The same
building area in neighborhood convenience uses would generate approximately 231
tons per year. The additional 74 tons of solid waste per year generated by the
proposed amendment will not significantly affect solid waste disposal LOS.
Based on the above, positive findings can be made at this time with regard to
concurrency for all services and facilities.
Consistency --The requested designation is consistent with the goals,
objectives and policies of the most recently adopted Comprehensive Plan.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following was found:
Future Land Use Element Policy C-1.6 The following pertains to the redevelopment
of the Silver Terrace Area:
This area involves the old Silver Terrace Subdivision which contains some mixed use
but is primarily single family. It also involves the adjacent land use of the Floranda
Mobile Home Park which is a well maintained land use but which may, in the future, be
inappropriate for its location along Federal Highway adjacent to a regional shopping
center. The Silver Terrace Redevelopment Plan was adopted by the City Commission
on March 5, 1996. The plan establishes Future Land Use Map designations, zonings,
and special development standards for the redevelopment area. Future development
in the area must be in accordance with the provisions of the Redevelopment Plan.
Prior to adoption of the redevelopment plan, nearly all of the Silver Terrace subdivision,
including the subject properties were zoned RM. Nonconforming commercial and
industrial uses were located throughout the subdivision, particularly on S. Dixie
Highway and SE 10th Street. The redevelopment plan recommended the
establishment of an SAD district which would accommodate most of the existing uses
as conforming while limiting future uses and development in the area to the character
identified in the plan. The recommendation was to create three use areas within the
SAD: a neighborhood commercial area, a residential office area, and a residential
area. Nonresidential uses would be limited to S. Dixie Highway and SE 10th Street
where they already exist. The intent of the plan is that new development in the interior
of the subdivision be primarily single family detached housing. The compatibility of
commercial developments with residential properties was identified in the
Planning & Zoning Staff Report
Silver Terrace SAD Ordinance Amendments
Page 5
redevelopment plan as a "critical concern". The applicant's request to permit higher
intensity General Commercial and Industrial land uses on the subject properties is in
direct opposition to the intent of the plan to limit new commercial development to those
uses allowed in the NC (Neighborhood Commercial) and RO (Residential Office)
zoning districts so as not to be disruptive to residential development. Therefore, with
regard to the proposed addition of the sale of new or used furniture, carpet, tile,
draperies, antiques and appliances, contractor's offices with storage and the storage of
construction supplies, boats, motorcycles or vehicles, a positive finding with respect to
consistency with the Comprehensive Plan cannot be made.
The sale of convenience food and beverages, which is permitted in the NC
(Neighborhood Commercial), but excluded in the SAD Ordinance, and the principal
uses permitted within the RO (Residential Office) are consistent with the
redevelopment plan. Therefore, with regard to these uses, a positive finding with
respect to consistency with the Comprehensive Plan can be made. It should be noted,
however, that convenience stores represent an intensification of use and should
continue to be prohibited. A discussion of this issue is included in the "Compatibility"
section, below.
The applicant also requests that the requirement for nonresidential structures to take
access from Dixie Highway and SE 10th Street be removed for existing nonresidential
structures. This issue is addressed in the following quote from the redevelopment
plan:
"The stabilization of the neighborhood is partially dependent on the separation of
residential and non residential traffic. Currently, some of the streets in the subdivision
carry a mix of residential and non-residential trips and also serve as unapproved
parking areas for the non-residential uses. The revised street alignment will alleviate
some of those problems. However, to further separate residential and non-residential
traffic, no new accesses to the residential streets will be permitted from commercial
uses. Wherever possible, existing accesses should be eliminated."
It is clear from the above paragraph that the mixing of residential and nonresidential
traffic is a major problem and that stabilization of the neighborhood is partially
dependant on the separation of this traffic. The Plan's recommendation to prohibit
nonresidential access to residential streets was incorporated into the SAD Ordinance
as follows:
"Nonresidential structures shall take access from Dixie Highway or SE 10th Street.
Where it is impossible or inappropriate to provide access from those streets, the Site
Plan Review and Appearance Board may approve an alternative access."
Given the importance of the issue, this requirement is both necessary and appropriate
in order to stabilize and improve the neighborhood. Although existing structures with
access to residential streets within the subdivision can continue to operate in this
nonconforming manner, any redevelopment or change of use requiring site plan
approval must comply with the new regulation. The ordinance does allow for cases
where this may be impossible or inappropriate by permitting the Site Plan Review and
Appearance Board to approve an alternative access.
Planning & Zoning Staff Report
Silver Terrace SAD Ordinance Amendments
Page 6
Based on the above, the request that the requirement for nonresidential structures to
take access from Dixie Highway and SE 10th Street be removed for existing
nonresidential structures is not consistent with the redevelopment plan. Furthermore,
the change is unnecessary, since the nonconformity can continue until existing
structures are redeveloped or a major change of use occurs. Therefore, a positive
finding with respect to consistency with the Comprehensive Plan cannot be made with
regard to this amendment to the SAD.
Compatibility - The requested designation will be compatible with the existing
and future land uses of the surrounding area.
The subject properties are located on the east side of S. Dixie Highway, south of SE
10th Street. As stated earlier, existing land uses consist of a metal commercial building,
a single family house and an auto repair facility. The properties are bordered by the
FEC Railway, located immediately across S. Dixie Highway to the west, a city
park/drainage area and vacant industrial building to the east, two single family homes
to the south and a vacant commercial building to the north on the corner of SE 10th
Street and S. Dixie Highway.
As previously stated, amendment of the SAD to permit higher intensity commercial and
industrial uses on the subject properties is not consistent with the adopted
redevelopment plan which stresses the importance of compatibility with residential
development. Silver Terrace is still in a fragile state. Although, there has been some
new development in the area, progress has been slow. While roadway and utility
improvements has helped to improve the quality of life for neighborhood residents, the
negative impacts of existing nonconforming uses continue to have a blighting effect.
For this area to have a real chance of improvement, the recommendations of the
redevelopment plan should be strictly enforced.
While the sale of convenience foods and beverage is not specifically prohibited in the
redevelopment plan, this use could have a very negative effect on the redevelopment
effort. Problems associated with loitering, late night or early morning deliveries, and
parking lot noise at late hours, are often disruptive to residential development.
Furthermore, since convenience stores are often operated 24 hours, this use
represents an potential intensification of the commercial development currently
permitted along S. Dixie Highway.
Based on the above, a positive finding with respect to compatibility cannot be made
with regard to the proposed addition of the sale of new or used furniture, carpet, tile,
draperies, antiques and appliances, contractor's offices with storage, the storage of
construction supplies, boats, motorcycles or vehicles, and convenience stores.
The principal uses permitted within the RO (Residential Office), are permitted on the
parcel located immediately south of the subject properties. As stated earlier these
uses are compatible with residential development. Therefore, with regard to these
uses, a positive finding with respect to compatibility with existing and future land uses
can be made.
Planning & Zoning Staff Report
Silver Terrace SAD Ordinance Amendments
Page 7
Compliance -- Development under the requested designation will comply with
the provisions and requirements of the Land Development Regulations.
The subject properties are all developed. No formal land development application has
been received for the subject properties. Since all future redevelopment must comply
with the provisions and requirements of the Land Development Regulations, a positive
finding can be made with respect to future compliance with the Land Development
Regulations.
Section 3.2.1 (Basis for Determininq Consistency): The performance standards set
forth in this Article either reflect a policy from the Comprehensive Plan or a principle
of good planning practice. The performance standards set forth in the following
sections as well as compliance with items specifically listed as required findings in
appropriate portions of Section 2.4.5 shall be the basis upon which a finding of
overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this
Article shall not be a basis for not allowing consideration of other objectives and
policies found in the adopted Comprehensive Plan in the making of a finding of
overall consistency.
Section 3.2.2 (Standards for Rezoning Actions): Standards A, B, C and E are not
applicable with respect to the proposed SAD amendments. The applicable
performance standard of Section 3.3.2 is as follows:
(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.
Compatibility with existing and future land uses was discussed earlier in this report.
Amendment of the SAD ordinance to include the principal uses within the RO district as
permitted uses on the subject properties is compatible with adjacent and nearly existing
and future land uses. The other uses proposed by the applicant, which include the sale of
new or used furniture, carpet, tile, draperies, antiques and appliances; contractor's offices
with storage; the storage of construction supplies, boats, motorcycles or vehicles; and,
convenience stores are not compatible. Furthermore, sufficient regulations do not exist to
mitigate the impacts of these uses.
Section 2.4.5(D)[5) (Rezonin_cl Findinqs):
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:
That the zoning had previously been changed, or was originally established,
in error;
That there has been a change in circumstances which make the current
zoning inappropriate;
Planning & Zoning Staff Report
Silver Terrace SAD Ordinance Amendments
Page 8
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.
A positive finding that the SAD amendments to allow the sale of new or used furniture,
carpet, tile, draperies, antiques and appliances; contractor's offices with storage; the
storage of construction supplies, boats, motorcycles or vehicles; and convenience stores
on the subject properties, fulfills one of the above reasons cannot be made.
The appropriate reason for the SAD amendment to allow the principal uses within the RO
(Residential Office) district (except duplexes) as permitted uses on the subject properties
is "c", based on the following:
The SAD ordinance currently permits the uses within the NC (Neighborhood Commercial)
district on the subject properties. Both the NC (Neighborhood Commercial) District and the
RO (Residential Office) District are of similar intensity a~ and are consistent with
the FLUM designation of TRN (Transitional). The proposed uses are permitted on the
property immediately to the south. The primary effect of this amendment would be to
remove the requirement that business and professional offices provide direct service to
customers. Since compatibility with residential properties was identified in the
redevelopment plan as a "critical concern", office uses without direct service to customers
would be less impacting on the neighborhood and therefore more appropriate.
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 notices was provided to the Presidents Council.
Public Notice:
Formal public notice has been provided to the owners of all properties subject to SAD
amendment as well as to property owners within a 500' radius of the subject property.
Letters of support and objection, if any, will be presented at the Planning and Zoning
Board meeting.
Positive findings cannot be made with respect to LDR Section 3.1.1 (Required Findings),
LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning
Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan for the
following proposed amendments to the Silver Terrace SAD Ordinance:
· Remove the restriction on the sale of convenience food and beverages on the subject
properties;
Planning & Zoning Staff Report
Silver Terrace SAD Ordinance Amendments
Page 9
· Allow contractors offices, including storage of construction materials on the subject
properties;
· Allow the retail sale of new or used furniture, carpet, tile, draperies, antiques and
appliances on the subject properties;
· Allow the storage of construction supplies, boats, motorcycles or vehicles in existing
nonresidential structures with garage facilities on the subject properties; and,
· To remove the requirement that nonresidential structures shall take access from S.
Dixie Highway and SE 10th Street for existing nonresidential structures.
Therefore these amendments cannot be recommended for approval based on the findings
outlined in this report.
Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR
Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning
Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan for the
following proposed amendment to the Silver Terrace SAD Ordinance:
· To add the principal uses within the RO (Residential Office) zone district, except
duplexes as permitted uses on the subject properties.
Therefore this amendment can be recommended for approval based on the findings
outlined in this report.
Ao
Continue with direction.
Recommend to the City Commission approval of one or more of the following
proposed Silver Terrace SAD Ordinance amendments, based on positive findings
with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2
(Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings),
and the Goals, Objectives and Policies of the Comprehensive Plan:
· Remove the restriction on the sale of convenience food and beverages on the
subject properties;
· Allow contractors offices, including storage of construction materials on the
subject properties;
· Allow the retail sale of new or used fumiture, carpet, tile, draperies, antiques
and appliances on the subject properties;
· Allow the storage of construction supplies, boats, motorcycles or vehicles in
existing nonresidential structures with garage facilities on the subject properties;
· To add the principal uses within the RO (Residential Office) zone district, except
duplexes as permitted uses on the subject properties; and,
· To remove the requirement that nonresidential structures shall take access from
S. Dixie Highway and SE 10~h Street for existing nonresidential structures.
Planning & Zoning Staff Report
Silver Terrace SAD Ordinance Amendments
Page 10
Co
Recommend denial of all of the proposed Silver Terrace SAD Ordinance
amendments based on a failure to make positive findings and that the amendments
fail to fulfill one of the basis for which such an amendment should be granted.
Recommend to the City Commission approval of the following Silver Terrace SAD
Ordinance amendment:
To add the principal uses within the RO (Residential Office) zone district, except
duplexes as permitted uses on the subject properties.
based on positive findings 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.
Report prepared by: Ron Hoq.qard, Senior Planner
s:\plannin,q & zonin,q~boards\p&z board~silver terrace sad amendment.doc
Friday, November 1 O, 2000
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