Ord 45-03ORDINANCE NO. 45-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DRI.RAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED AC
(AUTOMOTIVE COMMERCIAL) DISTRICT TO GC
(GENERAL COMMERCIAL) DISTRICT; SAID LAND
BEING A PARCEL OF LAND LOCATED AT THE
SOUTITsX~ST CORNER OF SE 6TM AVENUE
(NORTHBOUND FEDERAL HIGHWAY) AND SE 9TM
STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DFJ.RAY
BEACH, FLORIDA, APRIL 2003"; PROVIDING A
GENERAL REPEALFtR 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, 2003, as being zoned AC (Automotive Commercial)
District; and
WHEREAS, at its meeting of October 20, 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 4 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 DRI.RAY 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 2B 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 pax~s of ordinances ia conflict herewith be, and the same
axe hexeby repealed.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.
ig
ATTEST
PASS~uAND ADJDPTED ia reg. hr session on second and fin~! reading on this the
__ day ot~! 2003.
City Clexk
Fkst Readiag~· ~ ~
Second Readin,g_~~t~l~
2 ORD NO. 45-03
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ PX - REGULAR MEETING OF NOVEMBER 18. 2003
ORDINANCE NO. 45-03 .(PRIVATELY INITIATED REZONING/5$0 S.E.
9TM STREET)
NOVEMBER 14, 2003
This ordinance is before Commission for second reading and a quasijudicial head#g for rezoning from
AC (Automotive Commercial) to Ge (General Commercial) for SS0 S.E. 9m Street located at the
southwest comer of S.E. 6th Avenue (northbound Federal Highway) and S.E. 9th Street.
The subject property consists of Lot 2B of the replat of Lot 2 Ninth Street Plaza and contains 0.73
acres. There is an existing 2,490 square feet structure with associated parking, landscaping, and refuse
container area. The proposal is to change the zoning designation of Lot 2B to accommodate a
furniture store.
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 4-0 to recommend that the request be
approved, based upon positive findings with respect to Land Development Regulations Section 3.1.1
(Required Findings), Land Development Regulations Section 3.2.2 (Standards for Rezoning), Land
Development Regulations Section 2.4.5(D)(5) (Rezoning Findings), and the goals, objectives, and
policies of the Comprehensive Plan.
At the first reading on November 4, 2003, the City Commission passed Ordinance No. 45-03.
Recommend approval of Ordinance No. 45-03 on second and final reading.
,~ \City Clerk\agenda re\Off.45.03.11.18.03 Rezorang
TO:
THRU:
FROM:
SUBJECT:
PA0C b-"b. .' ) CTOR OF PLA..,.G ^.D
JEFFREY A. COSTELLO. ASS STA.T PLA..,.G D, rC R -
MEETING OF NOVEMBER 4, 2003
PRIVATELY INITIATED REZONING FROM AC (AUTOMOTIVE
COMMERCIAL) TO GC (GENERAL COMMERCIAL) FOR 550 SE 9TM STREET
LOCATED AT THE SOUTHWEST CORNER OF SE 6T" AVENUE
(NORTHBOUND FEDERAL HIGHWAY) AND SE 9TM STREET.
The subject property is Lot 2B of a Replat of Lot 2 Ninth Street Plaza, which is zoned AC and is
0.73 acres. The property contains an existing 2,490 sq. ft. structure and associated parking,
landscaping and refuse container area. The building was constructed in 1976 as a service
building associated with the Wallace Ford auto dealership, which occupied the entire block at
that time. On February 9, 1993, the City Commission approved a conditional use request to
establish a full service vehicle repair facility or specialized service shop (i.e. muffler shops, tire
shops, etc.) for Ninth Street Plaza, Lot 2B (subject property) with conditions. Meineke Mufflers
occupied the site until 2000. The site was then re-occupied by Cottman Transmission Center (a
specialized service shop), which vacated the site earlier this year. The proposal is to rezone the
subject property from AC (Automotive Commercial) to GC (General Commercial) to
accommodate a furniture store. Additional background and an analysis of the request are found
in the attached Planning and Zoning Board Staff Report.
At its meeting of October 20, 2003, the Planning and Zoning Board held a public hearing in
conjunction with the request. There was no public testimony regarding the rezoning. After
reviewing the staff report and discussing the proposal, the Board voted 4-0 (Borchardt, Pike and
Woehlkens absent) to recommend approval of the rezoning request from AC to GC, 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.
By motion, approve on first reading the ordinance for a rezoning from AC (Automotive
Commercial) to GC (General Commercial) based on the findings and recommendations of the
Planning and Zoning Board, and set a public hearing date of November 18, 2003.
Attachments: P & Z Board Staff Report of October 20, 2003 & Ordinance by Others
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
October 20, 2003
IV. C.
Rezoning From AC (Automotive Commercial) To GC (General Commercial) For a
0.73 Acre Parcel of Land Located at 550 SE 9th Street [Southwest Corner of SE 6th
Avenue (Northbound Federal Highway) and SE 9th Street] (Quasi-Judicial
Hearing).
GENERAL DATA:
Owner/Applicant ......................... Lynn M. Soreide
Agent .......................................... Salvatore Ciccone
Location ...................................... Southwest corner of
Southeast 6th Avenue
(Northbound Federal
Highway) and
Southeast 9th Street.
Property Size .............................. 0.73 Acres
Future Land Use Map ...............GC, General Commercial)
Current Zoning ............................ AC Automotive Commercial)
Proposed Zoning ........................ GC, General Commercial)
Adjacent Zoning ................ North: GC, General Commemial)
East: GC, General Commercial)
South: GC, General Commercial)
West: GC, General Commercial)
Existing Land Use ...................... Vacant/2,490 square-ff.
building.
Proposed Land Use .................... Rezoning from AC
(Automotive Commercial) to
GC (General Commercial) for
a 0.73 acre parcel of land to
accommodate a retail
furniture store.
Water Service ............................. Existing on site.
Sewer Service ............................. Existing on site.
IV. C.
The item before the Board is that of making a recommendation to the City
Commission on a rezoning from AC (Automotive Commemial) to GC
(General Commemial) for 550 SE 9th Street. The subject property is
located at the southwest corner of SE 6th Avenue (Northbound 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 2B, Replat of Lot 2 Ninth Street Plaza, which is
zoned AC (Automotive Commercial) and contains 0.73 acres. The property contains an
existing 2,490 sq. ft. structure and associated parking, landscaping and refuse container
area. The building was constructed in 1976 as a service building associated with the
Wallace Ford auto dealership, which occupied the entire block at that time. The Wallace
Dealership relocated to Linton Boulevard and the site remained vacant until 1992. The
subject property has extensive land use history. The most recent land use actions that
relate to the subject property are as follows:
At its meeting of October 13, 1992, the City Commission approved a Replat of Lot 2,
Ninth Street Plaza, consisting of a two subdivision: Lot 2A and 2B. On February 9,
1993, the City Commission approved a conditional use request to establish a full service
vehicle repair facility or specialized service shop (i.e. muffler shops, tire shops, etc.) for
Ninth Street Plaza, Lot 2B (subject property) with conditions. The request was made in
order to allow the property to be ready for quick occupancy (without requiring a use
hearing) once a permanent tenant was found.
At its meeting of May 18, 1994, the Site Plan Review and Appearance Board (SPRAB)
approved building elevation and color changes for Meineke Mufflers, which occupied
the site until 2900. The site was then re-occupied by Cottman Transmission Center (a
specialized service shop, which vacated the site earlier this year.
At its meeting of June 3, 2003, the City Commission approved a rezoning from AC
(Automotive Commemial) to GC (General Commercial for Lot 2A (immediately to the
west), which contains the Blue Max Autohaus vehicle repair facility. The property was
rezoned to accommodate the redevelopment by Gulfstream Business Bank. On June
25, 2003, SPRAB approved the Class V site plan, landscape plan and building
elevations for Gulfstream Business Bank.
P&Z Board Staff Report
Rezoning from AC to GC for 550 SE 9th Street
Page 2
The proposal is to rezone the 0.73 acre subject property (Lot 2B, Replat of Lot 2 Ninth
Street Plaza) from AC (Automotive Commercial) to GC (General Commercial) to
accommodate a furniture store.
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 subject property has a Future Land Use Map designation of GC (General
Commercial) and is currently zoned AC (Automotive Commercial). General retail uses
are not specifically listed as permitted uses in the AC zoning district. The proposed
General Commercial (GC) zoning district provides basic regulations for small parcels
which are best suited for general retail and office uses [Ref. LDR Section 4.4.9(A)].
Pursuant to LDR Section 4.4.9(B)(1), general retail type uses are permitted within the
GC zoning district. The proposed GC (General Commercial) zoning designation is
consistent with the GC (General Commercial) Future Land Use Map designation.
Based upon the above, positive findings can be made with respect to Future Land Use
Map Consistency.
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 exists via a service lateral connection to an existing 8" water main
located along the south side of SE 9th Street.
P&Z Board Staff Report
Rezoning from AC to GC for 550 SE 9th Street
Page 3
[] Sewer service exists via a service lateral connection to the existing 8" main within
the 20' utility easement (previously abandoned north/south alley) adjacent to the
west side of the property.
El Adequate fire suppression exists via the existing fire hydrant located at the
northwest corner 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.
Drainage:
With a rezoning request drainage plans are not required. The rezoning to GC is to allow
a retail establishment to occupy the existing building. Drainage is currently
accommodated via sheefflow to perimeter landscape areas, which contain a French
drain. Redevelopment of the site in the future will require the installation of drainage
system that meets current standards.
Traffic:
The uses allowed under the existing AC zoning do not include general retail uses, which
are allowed in the GC zoning district. While the proposed GC zoning does allow uses of
similar or greater intensity from a traffic perspective as the AC uses, an increase in
traffic volumes is not anticipated from the rezoning action itself. As previously noted,
the proposed rezoning from AC to GC is to accommodate a change in use from auto
repair to retail furniture store. The proposed change of use of the 2,490 sq.ft, structure
from auto repair to retail will generate approximately 171 additional vehicular trips onto
the surrounding roadway network. With the submittal of a site plan modification
application for the change in use, a traffic statement will be required. There are no
problems anticipated meeting traffic concurrency and the associated level of service
standards. Submittal of a site plan application to redevelop the site may require the
submittal of a traffic study, which complies with the Palm breach County Traffic
Performance Standards Ordinance.
Parks and Recreation:
Nonresidential uses do not create a demand for Parks & Recreation services therefore,
park dedication requirements do not apply.
School Concurrency:
Commercial uses do not generate an impact or demand on school facilities and
services; therefore this requirement does not apply. However, while the AC zoning
P&Z Board Staff Report
Rezoning from AC to GC for 550 SE 9"~ Street
Page 4
district does not allow residential uses, the GC zoning does at a maximum of 12 units
per acre. The maximum number of units that could be accommodated on this site is 8.
This standard will be revisited if a site plan is submitted that accommodates residential
uses,
Solid Waste:
Trash generated each year by the proposed commemial development under the
proposed GC zoning district will be comparable or greater than trash generated by the
uses allowed under the AC zoning district however the difference should not create an
adverse impact on this level of service standard. The Solid Waste Authority has
indicated that its facilities have sufficient capacity to handle all development proposals
until the year 2021.
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 district are not
allowed uses within the GC zoning district such as vehicle sales, vehicle rental, and
vehicle repair. The proposed rezoning will allow the currently vacant structure to be
reoccupied by a retail furniture store. The property is surrounded by commercial uses
and any redevelopment will need to be complementary to these uses. Any concerns
with respect to 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 arterial road (Federal Highway).
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 3.2.2 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
P&Z Board Staff Report
Rezoning from AC to GC for 550 SE 9th Street
Page 5
depth of the commercial zoning in order to provide for better project
design.
The proposed GC zoning designation for the 0.73 acre parcel can be considered strip
commercial zoning and is consistent with the zoning designation of the surrounding
properties. Pursuant to LDR Section 4.4.9(A)(Purpose and Intent), the GC district
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 is to be applied
primarily along arterial and collector streets. The existing site, which is located along an
arterial street, is part of an overall planned development encompassing a one block
area with limited/shared access and cross access driveways. Any redevelopment of or
modifications to the subject property would need to be sensitive to this current shared
site design.
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 surrounded by the GC (General Commercial) zoning district. The
surrounding uses are: Miami Subs restaurant to the north; MAB Paints to the south;
existing auto repair use (Blue Max Autohaus/proposed Gulfstream Bank site) to the
west; and, strip commercial centers to the east. The proposed retail use is compatible
with the surrounding uses as similar land uses exist in the immediate area.
Section 2.4.5(D}(5) (Rezonin; 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;
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 the following statement indicating the reasons for which the
rezoning is being sought based on "b" above:
P&Z Board Staff Report
Rezoning from AC to GC for 550 SE 9th Street
Page 6
"There has been a change in circumstances which makes the current zoning
inappropriate. Auto repair is no longer a viable use for this property. A better use of the
property would be a furniture store which requires "GC" (General Commercial) zoning.
The basis for which the rezoning should be granted relates to "c" in that the use of the
property for general commercial use is more appropriate given its immediate location to
other general commercial type uses. With the elimination of the adjacent auto repair
facility to the west and redevelopment of the property to accommodate a bank facility,
there are no other auto repair uses in the immediate vicinity. Due to the industrial
nature of the use and the property's location on an arterial roadway consisting of
primarily general commercial uses, the GC zoning designation is more appropriate.
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.
Site Plan Modification:
The proposed rezoning is being processed in order to establish a retail furniture store.
If the rezoning is approved, the change of use from auto repair to retail will require the
processing and approval of Class III site plan modification. This type of modification is
described as a modification to the site plan which represents either a change in intensity
of use, or which affects the spatial relationship among improvements on the land,
requiring partial review of Performance Standards found in LDR Section 3.1.1 [ref. LDR
Section 2.4.5(G)(1)(c)(Class III)].
As the change of use from auto repair to retail requires represents a change in intensity
requiring partial review of LDR Section 3.1.1, a Class III site plan modification must be
processed and approved. Prior to establishing the proposed use, improvements
associated with the site plan modification approval must be constructed. The site plan
modification needs to address the replacement of the overhead service bay doors with
permanent storefront doors thereby creating a storefront facade as well as the provision
of handicap accessibility. Further, the interior of the building must comply with building
and fire codes as they relate to retail/furniture store uses.
The proposed use has created some concerns within the general vicinity with
businesses just north of this site with respect to illegal outside display of furniture. The
GC zoning classification allows, pursuant to LDR Section 4.6.6(C)(3), a maximum of
10% of the square footage of the building for outside display (249 sq.ff.). This outside
display area cannot occupy parking spaces, driveways, sidewalks or landscaped areas.
In reviewing a survey of this property, no areas are currently available for any outside
display.
P&Z Board Staff Report
Rezoning from AC to GC for 550 SE 9th Street
Page 7
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 October 9, 2003, meeting and the CRA
Board recommended approval of the rezoning.
Courtesy Notices:
A special courtesy
associations:
notice
Osceola Park Homeowners Association
Rio Delray Shores
Delray Harbour Club
was provided to the following civic and homeowners
· PROD
· President's Council
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 proposed rezoning from AC (Automotive Commercial) to GC (General Commercial)
designation is supportable as the GC zoning is of similar intensity as allowed under the
GC FLUM designation and is more appropriate for this site based upon the existing GC
zoning and uses surrounding the property. 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.
A. Continue with direction.
B. Recommend to the City Commission approval of the rezoning for 550 SE 9th Street
from AC to GC, 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.
P&Z Board Staff Report
Rezoning from AC to GC for 550 SE 9~ Street
Page 8
C. Recommend to the City Commission denial of the rezoning from AC to GC for 550
SE 9th Street, 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 550 SE 9th Street 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:
r~ Location/Zoning Map
[] Survey
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-- REZONING -
FROM: A C
(AUTOMOTIVE
COMMERCIAL)
TO: GC (GENERAL
COMMERCIAL)
550 S.E. 9TH STREET
SUBJECT AREA
SUPPLEMENTALINFORMATION
APPROXIMATE ACREAGE: 0,73
ASRIDGED LEGAL DESCRIPTION:
NINTH STREET PLAZA
REPLAT LOT 2 LOT 2B
CURRENT FLUM: GC
(GENERAL COMMERCIAL)
E~ISTING LAND USAGE:
VACANT
TRAFFIC ANALYSIS ZONE: #538
~%...~ CENSUS TRACT: #65.02j
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'1
ORDINANCE NO. 45-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED AC (AUTOMOTIVE
COMMERCIAL) DISTRICT TO GC (GENERAL
COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL
OF LAND LOCATED AT THE SOUTHWEST CORNER OF SE
6TM AVENUE (NORTHBOUND FEDERAL HIGHWAY) AND
SE 9TM STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, APRIL 2003"; 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 April, 2003, as being zoned AC (Automotive
Commercial) District; and
WHEREAS, at its meeting of October 20, 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 4 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 2B 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.
the
PASSED AND ADOPTED in regular session on second and final reading on this
__ day of ., 200__.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading.
2 ORD NO. 45-03