Ord 16-03ORDINANCE NO. 16-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF D~Y BEACH, FLORIDA, REZONING LAND
PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL)
DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT;
SAID LAND BEING A PARCEL LOCATED AT 909 SE 5TH
AVENUE, WHICH IS AT THE SOUTHEAST CORNER OF
SE 5TH AVENUE AND SE 9TH STREET, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA,
SEPTEMBER, 2002"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the property here'mafter described is shown on the Zoning District Map of the
City of Dekay Beach, Florida, dated September, 2002, as b(mg zoned AC (Automotive Commercial)
District; and
WHEREAS, at its meeting of May 19, 2003, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to
recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Dekay Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DFJ.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Dekay Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of GC (General Commercial) District for
the follov/mg described property:
Lot 2A of the Plat of the Replat of Lot 2 Ninth Street Plaza, according to the Plat
thereof, as recorded in Plat Book 70, Page 44 of the Public Records of Palm Beach
County, Florida.
Section 2. That the Planning and Zoning Director of the 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are hereby repealed.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.
/7
ATTEST
City Clerk
Readine' ~
First
PASSEE~AND ADOPTED in regular session on second and final reading on this the
day of/~t~ ,2003.
2 ORD NO. 16-03
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # '~%~ - REGULAR MEETING OF JUNE 17, 2003
ORDINANCE NO. 16o03 (PRIVATELY INITIATED REZONING/THE
GULFSTREAM BUSINESS BANK)
DATE: JUNE 13, 2003
This ordinance is before Commission for second reading and a quadjudidal hearing for rezoning from
AC (Automotive Commercial) to GC (General Commercial) for Gulfstream Business Bank located at
909 S.E. 5th Avenue, on the southeast comer of S.E. 5th Avenue (southbound Federal Highway) and
S.E. 9th Street.
The subject property consists of Lot 2A of the replat of Lot 2 Ninth Street Plaza and contains 0.759
acres. There is an existing 5,758 square feet structure with associated parking, occupied by Blue Max
German Autohaus (automotive repair shop), located on the property. The proposal is to change the
zoning designation of Lot 2A to establish a new financial institution with drive-through facilities and
office space.
The Planning and Zoning Board held a public heating in conjunction with the request. There was no
public testimony regarding the request. The Board voted 5-0 to recommend that the request be
approved, based upon positive findings with respect to Chapter 3 (Performance Standards), Land
Development Regulations Section 2.4.5 (D)(5), and the policies of the Comprehensive Plan.
At the first reading on June 3, 2003, the City Commission passed Ordinance No. 16-03.
Recommend approval of Ordinance No. 16-03 on second and final reading.
S:\City Clerk\chevelle folder\agenda memos\Ord. 16.03.6.17.03 Rezomng
TO:
THRU:
FROM:
SUBJECT:
DAVIDT. HARDEN, CITYMAN~ ~'
PAUL DORLING, DIRECTOR OF PLANNING AND ZD..~IING
MEETING OF JUNE 3, 2003
PRIVATELY INITIATED REZONING FROM AC TO GC FOR THE GULFSTREAM
BUSINESS BANK LOCATED AT 909 SE 5TM AVENUE, WHICH IS AT THE SOUTHEAST
CORNER OF SE 5TM AVENUE (SOUTHBOUND FEDERAL HIGHWAY) AND SE 9TM
STREET.
The subject property consists of Lot 2A of the replat of Lot 2 Ninth Street Plaza, which is zoned AC
(Automotive Commercial) and contains 0.76 acres. There is an existing 5,758 sq. ft. structure and
associated parking located on the property. The structure is occupied by the Blue Max German Autohaus,
which is an automotive repair shop with incidental sales of vehicles. The property is non-conforming with
respect to the vehicle sales component as the minimum lot size is required to be 1.5 acres for the use of
vehicle sales [Ref: LDR Section 4.4.10(F)]. However, a variance to reduce the lot area requirements
within the AC zoning district from 1.5 acres to 1.487 acres, was granted on May 18, 2000 by the Board of
Adjustment. This variance allowed this property as well as the parcel immediately to the east (1.487 acres
combined), to be used for automobile sales, if combined.
It is noted that the existing variance will no longer be valid for the subject property or the property tothe
east (formerly Meineke Discount Muffler), as a result of the rezoning from AC to GC. This is due to the
different zoning designations which will exist between the two properties (the west parcel [Lot 2Al is
proposed to be GC and the east parcel [Lot 2BI will remain AC) and therefore the two parcels cannot
combine acreage for variance purposes.
The proposal is to change the zoning designation of Lot 2A from AC to GC to establish a new financial
institution with drive-through facilities for Gulfstream Business Bank and office space. Additional
background and an analysis of the request are found in the attached Planning and Zoning Board Staff
Report.
At its meeting of May 19, 2003, the Planning and Zoning Board held a public hearing in conjunction with
the request. There was no public testimony regarding the request. After reviewing the staff report and
discussing the proposal, the Board voted 5-0 (Morris and Woehlkens absent) to recommend that the
request to rezone the property from AC to GC be approved, based upon positive findings with respect to
Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and
policies of the Comprehensive Plan.
By motion, approve on first reading the ordinance for a zoning designation change from AC (Automotive
Commercial) to GC (General Commercial) based on positive findings with respect to Chapter 3
(Performance Standards), LDR Sections 2.4.5(D)(5), and policies of the Comprehensive Plan.
Attachments:
· P & Z Staff Report of May 19, 2003
· Ordinance by Others
ORDINANCE NO. 16-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING LAND
PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL)
DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT;
SAID LAND BEING A PARCEL LOCATED AT 909 SE 5TH
AVENUE, WHICH IS AT THE SOUTHEAST CORNER OF
SE 5TH AVENUE AND SE 9TH STREET, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA,
SEPTEMBER, 2002"; PROVIDING A GENERAL
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 September, 2002, as being zoned AC (Automotive Commercial)
District; and
WHEREAS, at its meeting of May 19, 2003, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to
recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, 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, be, and the
same is hereby amended to reflect a zoning classification of GC (General Commercial) District for
the following described property:
Lot 2A of the Plat of the Replat of Lot 2 Ninth Street Plaza, according to the Plat
thereof, as recorded in Plat Book 70, Page 44 of the Public Records of Palm Beach
County, Florida.
Section 2. That the Planning and Zoning Director of the 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 mediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ~ 2003.
ATI'EST
MAYOR
city Clerk
First Reading
Second Reading
2 ORb NO. 16-03
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
May 19, 2003
IV. A.
Rezoning From AC (Automotive Commercial~ to GC (General Commercial) for a
0.759 Acre Parcel of Land (909 Southeast 5 Avenue) for Gulfstream Business
Bank (Quasi-Judicial Hearing).
GENERAL DATA:
Owner ........................................ Bluemax German AutoHaus,
Inc.
Applicant .................................... Gulfstream Business Bank
Agent .......................................... Gary Eliopoulos
Location ...................................... Located at the southeast
corner of Southeast 5~
Avenue (South bound
Federal Highway - U.S.
Highway #1) and Southeast
9th Street.
Property Size ............................ :. 0.759 acres
Future Land Use Map ................ GC (General Commercial)
Current Zoning ............................ AC (Automotive Commercial)
Proposed Zoning ........................ GC (General Commercial)
Adjacent Zoning ................ North: GC (General Commercial)
East:
South:
West:
Existing Land Use ......................
Proposed Land Use ....................
Water Service .............................
Sewer Service .............................
GC (General Commercial)
GC (General Commercial)
GC (General Commercial)
Automotive Sales
Gulfstream Business Bank.
Existing on site.
Existing on site.
BAN,
LINTON BOULEVARD
IV. A.
The item before the Board is that of making a recommendation to the City
Commission on a rezoning from AC (Automotive Commercial) to GC
(General Commercial) for the Gulfstream Business Bank (909 SE 5th
Avenue). The subject property is located at 909 SE 5th Avenue, which is
at the southeast corner of SE 5th Avenue (Southbound Federal Highway)
and SE 9th Street.
Pursuant to Section 2.2.2(E)(6), the Local Planning Agency shall review
and make a recommendation to the City Commission with respect to the
rezoning of any property within the City.
The subject property consists of Lot 2A of the replat of Lot 2 Ninth Street Plaza, which is
zoned AC (Automotive Commemial) and contains 0.76 acres. There is an existing
5,758 sq. ft. structure and associated parking located on the property. The structure is
occupied by the Blue Max German Autohaus, which is an automotive repair shop with
incidental sales of vehicles. The property is non-conforming with respect to the vehicle
sales component as the minimum lot size is required to be 1.5 acres for the use of
vehicle sales [Ref: LDR Section 4.4.10(F)]. However, a variance to reduce the lot area
requirements within the AC zoning district from 1.5 acres to 1.487 acres, was granted
on May 18, 2000 by the Board of Adjustment. This variance allowed this property as
well as the parcel immediately to the east (1.487 acres combined), to be used for
automobile sales.
The most recent land use actions to occur with respect to the subject property are as
follows:
With the Citywide Rezoning of October 1990, the subject property was rezoned from SC
(Specialized Commercial) to AC (Automotive Commercial). The basis for the AC zoning
was that there was a previously approved conditional use and site plan for a full service
automobile dealership for the entire block (Wallace Nissan Dealership). In February
1991, the south portion of the block was rezoned to GC (General Commercial) to
accommodate Shoney's restaurant and other retail uses. The AC portion retained
1.487 acres for the full service automobile dealership use.
On June 13, 1991, the Planning and Zoning Board recommended approval of the Ninth
Street Plaza plat subject to conditions. The plat defined two lots: Lot 1 for Shoney's,
Lot 2 for the north portion of the block. The plat also accommodated abandonment of a
midblock north/south alley. At its meeting of August 13, 1991, the City Commission
approved the Ninth Street Plaza final plat.
On April 29, 1992, the Site Plan Review and Appearance Board approved a minor site
plan modification for MAB Paints (5,000 sq. ft. structure on Lot 1). In order to
accommodate the new building, 18 parking spaces on Lot 2 were utilized via an off-site
P&Z Board Staff Report
Rezoning from AC to GC for Gulfstream Business Bank (909 SE 5th Avenue)
Page 2
parking agreement. At that time, the owner of Lot 2 was informed that the parking for
MAB Paints on Lot 2, would limit the ability to establish vehicle sales on Lot 2, as
vehicle sales requires a minimum site area of 1.5 acres which is less than would remain
unencumbered on Lot 2.
Then on June 15, 1992, the Planning and Zoning Board recommended approval of a
conditional use to establish a vehicle repair facility for the Blue Max Autohaus on the
western 0.76 acre portion of Lot 2, subject to conditions. At its meeting of June 23,
1992, the City Commission approved the conditional use request. The associated site
plan was approved by the Site Plan Review and Appearance Board on September 2,
1992.
It is noted that the existing variance will no longer be valid for the subject property or the
property to the east (formerly Meineke Discount Muffler), as a result of the rezoning
from AC to GC. This due to the different zoning designations which will exist between
the two properties (the west parcel is proposed to be GC and the east parcel will remain
AC) and therefore the two parcels cannot combine acreage for variance purposes.
The proposal is to change the zoning designation of a portion of the overall property
(western portion of Lot 2) from AC to GC to establish a new financial institution with
drive-through facilities for Gulfstream Business Bank and office space.
REQUIRED FINDINGS:
LDR {Chapter 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.t (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 subject property has a Future Land Use Map designation of GC (General
Commercial) and is currently zoned AC (Automotive Commercial). Pursuant to LDR
Section 4.4.10, within the AC zoning district general office type uses are not
specifically listed as a permitted use. The proposed General Commercial (GC)
P&Z Board Staff Report
Rezoning from AC to GC for Gulfstream Business Bank (909 SE 5~ Avenue)
Page 3
zoning district provides basic regulations for small parcels which are best suited for
general retail and office uses [Ref. LDR Section 4.4.9(^)]. Pursuant to LDR Section
4.4.9(B)(2) & (4), within the GC zoning district office type uses and financial
institutions are permitted uses. The proposed GC (General Commercial) zoning
designation is deemed consistent with the GC (General Commercial) Future 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 the existing 8" water
main along SE 5thAvenue.
Sewer service is available via a service lateral connection to the existing 8" main
within the abandoned north/south alley along the east side of the property.
The proposed development will accommodate uses of similar intensity as those allowed
in the AC zoning district and will have similar water consumption and sewer generation
rates. 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. Based upon the above, positive findings can be made
with respect to this level of service standard.
Draina.qe:
With a rezoning request drainage plans are not required. The storm water retention will
be reviewed dudng the site plan application process. There are no problems
anticipated with retaining drainage on site and obtaining a South Florida Water
Management District permit.
Tra~c:
The uses allowed under the existing AC zoning do not include office or financial
institution type uses, which are allowed in the GC zoning district. While the proposed
zoning is not of similar use it is of a similar intensity, therefore a potential increase in
traffic is not anticipated from the rezoning action itself. 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 traffic impact study is
required. The traffic study must comply with the Palm Beach County Traffic
Performance Standards Ordinance. There are no problems anticipated meeting traffic
concurrency and the associated level of service standards.
P&Z Board Staff Report
Rezoning from AC to GC for Gulfstream Business Bank (909 SE 5th Avenue)
Page 4
Parks and Recreation:
Non-residential use do not create a demand for Park & Recreation services therefore,
park dedication requirements do not apply to nonresidential uses.
Solid Waste:
Trash generated each year by the proposed commercial development under the
proposed GC zoning district will be comparable to that generated by the uses allowed
under the AC zoning district. The development of the property under the GC zoning
district should not create an adverse impact on this level of service standard.
CONSISTENCY: Compliance with the performance standards set forth in Section
3.2.2 (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.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objective is noted.
Future Land Use Element Obiective A-1 - Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate in
terms of soil, topographic, and other applicable physical considerations, is
complementary to adjacent land uses, and fulfills remaining land use needs.
Many of the automobile related uses allowed within the AC zoning distdct are not
allowed uses within the GC zoning district such as vehicle sales, vehicle rental, and
vehicle repair. The proposed rezoning will allow the applicant to develop a bank and
commercial office tenant space on the property. The surrounding uses are: Miami Subs
restaurant to the north; a vacant restaurant to the south; existing commercial uses to the
west; and, the abandoned Meineke Discount Mufflers to the east. The proposed offices
and drive-thru bank facility use are compatible with the surrounding uses as similar land
uses exist in the immediate area. It is noted however, that compatibility will be
enhanced through specific regulations, which apply to the GC zoning district. The
proposed commercial designation is an appropriate zoning designation along an artedal
road (Federal Highway).
Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
Compatibility is discussed below under the Standards for Rezoning.
P&Z Board Staff Report
Rezoning from AC to GC for Gulfstream Business Bank (909 SE 5th Avenue)
Page 5
Compliance -- Development under the requested designation will comply with
the provisions and requirements of the Land Development Regulations.
Within the GC zoning district, drive-thru banks are allowed as a permitted use [ref. LDR
Section 4.4.9(B)(4)] and offices are allowed as a principal use [ref LDR Section
4.4.9(B)(2)]. The requirements of the Land Development Regulations will be reviewed
in further detail with the submission of a site plan application. Additionally, pursuant to
LDR Section 4.3.4(K), within the GC zoning district a perimeter setback of 10 feet is
required, except for the side interior, which may be 0', whenever dedicated access is
provided to the rear of the property. It is anticipated that the proposal will be able to
meet the requirements of the code including specific regulations relating to buffering,
parking, setbacks, etc.
Section 3.2.2 {Standards for Rezonin.q Actions): Standards A, B, and E are not
applicable with respect to the proposed rezoning. The applicable performance
standards of Section 3.3.2 are as follows:
(c)
Zoning changes that would result in strip commercial development shall be
avoided. Where strip commercial developments or zoning currently 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.
The proposed GC zoning can be considered strip commercial zoning. However, the
applicant has indicated that a two-story office building with a drive-thru bank facility is to
be accommodated on the site, which would not be considered strip commercial.
Further, as the site only contains 0.76 acres it would be difficult to develop the property
as a strip commercial development should this development approval be changed.
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 property is bordered on the north, south and west sides by the GC (General
Commercial) zoning district and the AC (Automotive Commercial) zoning district to the
east.
The existing land uses are: Miami Subs restaurant to the north; a vacant restaurant to
the south; existing commercial uses to the west; and, the vacant Meineke Discount
Mufflers to the east. The proposed offices and drive-thru bank facility are compatible
with the surrounding uses as similar land uses exist in the immediate area. It is noted
however, that compatibility will be enhanced through specific regulations, which apply to
the GC zoning district.
P&Z Board Staff Report
Rezoning from AC to GC for Gulfstream Business Bank (909 SE 5th Avenue)
Page 6
Section 2.4.5(D)(5) (Rezoninfl 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:
ae
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;
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 the following statement indicating the reasons for which the
rezoning is being sought based on "c" above:
'~l-he neighborhood in this area is made up of general commercial uses and the office
and bank facility is more appropriate for this site.'
The basis for which the rezoning should be granted relates to c in that the use of the
property for offices and a drive-thru bank facility is more appropriate given its immediate
location to other general commercial type uses. In addition, there are automotive
commercial uses which could be accommodated on the parcel. However, due to the
industrial nature of these types of uses and the property's location on an arterial
roadway, a GC zoning designation is more appropriate. Additionally, the uses typically
allowed within the AC zoning district on lots with a minimum lot size of at least 10,000
sq. ft. are more industrial in nature which is not appropriate at this location. Based upon
the above, a positive finding with respect to LDR Section 2.4.5(D)(5) can be made.
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.
General Commercial Purpose and Intent [LDR Section 4.4.9{A)]:
Pursuant to LDR Section 4.4.9(A), the General Commercial (GC) Distdct provides basic
regulations for small parcels which are best suited for general retail and office uses but
which are not of sufficient size to be designed in a planned sense. The GC designation
is applied to small parcels, most of which are developed, where adherence to standard
regulations is most appropriate. The GC designation is to be applied primarily along
arterial and collector streets. Uses may be conducted singularly or in combination
within the same structure.
P&Z Board Staff Report
Rezoning from AC to GC for Gulfstream Business Bank (909 SE 5th Avenue)
Page 7
The proposed rezoning involves a relatively small pamel which is located along an
arterial street. The proposed GC zoning will be applied at a high visibility area to ensure
that development of the subject property will be compatible and consistent with the
character of the surrounding area.
Development Standards:
Special Landscape Area:
Pursuant to LDR Section 4.3.4(H)(6)(b)(2), along Federal Highway, including the one-
way pairs, extending from SE 10th Street to the north City limits, but excluding the
blocks between SE 1st Street and NE 1st Street, a ten foot (10') special landscape area
shall be provided on both sides of the ultimate right-of-way. It is anticipated that this
item can be met and further addressed through a complete review with the site plan
review process.
The development proposal is not located within the geographical area requiring review
by the DDA (Downtown Development Authority).
Community Redevelopment Agency
This item was reviewed by the CRA at their April 10, 2003, meeting and the Board
recommended approval of the rezoning.
Courtesy Notices:
A special courtesy notice was provided to PROD, the President's Council and the
following homeowners associations:
· Osceola Park Homeowners Association · PROD
· Rio Delray Shores · President's Council
· Delray Harbour Club
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.
P&Z Board Staff Report
Rezoning from AC to GC for Gulfstream Business Bank (909 SE 5th Avenue)
Page 8
The proposed rezoning from AC (Automotive Commercial) to GC (General Commercial)
designation is supportable as the GC zoning is more appropriate for this site due to its
location on an arterial roadway. Additionally, the uses typically allowed within the AC
zoning district on lots with a minimum lot size of at least 10,000 sq. ft. are more
industrial in nature which is not appropriate at this location.
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. The rezoning will provide the desired economic stimulation and investment in the
area, and result in the redevelopment of a site containing an auto related use.
A. Continue with direction.
B. Recommend to the City Commission rezoning of the subject property from AC
(Automotive Commercial) to GC (General Commemial), 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.
C. Recommend to the City Commission denial of the rezoning, based on a failure to
make positive findings with respect to LDR Section 2.4.5(D)(5).
Recommend to the City Commission rezoning of the subject property from AC
(Automotive Commercial) to GC (General Commercial), 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.
Attachments:
Zoning Map
Location Map
Survey
8TH
9TH
10~H
DELRA Y
PLACE
RI EXECUTIVE
QUARTERS
CONDOS
PLORANDA, MH
TRAILER S.E. 12TH RD.
PARK
THE
PLAZA
AT
DELRA Y
PC
LINTON
WOODS
BANYAN
lt~EE LANE
OLD HARBOUR
PLAZA
LINTON
OF
AMERICA
GRILL
MIAMI
ST,
HARBOUR
SIDE
DOMAINE
DELRA Y
TREE
~LLAGE
HARBOURS
EDGE
HARBOURS
EDGE
BO
LE
Z
RD
GULFSTREAM
BUSINESS
BANK
-- REZONING -
FROM: AC (AUTOMOTIVE
COMMERCIAL)
TO: GC (GENERAL
COMMERCIAL)
909 S.E, 5TH AVENUE
SUPPLEMENTAL INFORMATION
APPROXIMATE ACREAGE: 0.76
ABRIDGED LEGAL DESCRIPTION:
N~NTH STREET PLAZA
REPLAT LOT 2, LOT 2A
CURRENT FLUM : GC
(GENERAL COMMERCIAL)
EXISTING LAND USAGE:
AUTOMOTIVE SALES
WITHIN TRAFFIC ANALYSIS
ZONE: #538
W~ ~E