65-93 ORDINANCES
SECOND READING: ~ ~
coMMISSION ACTION:
A PUBLIC HEARING will ~ hel~ on
the followi,g pro~ Ordinances at
Beac~, al which time the City Commis-
a~ the Office of the City C~erk at the
City HaH, 1~ N.W. 1st Avenue, Delray
soect to me proposed Ordinances.
O~N&NCE NO. 6~93
AN ORDINANCE OF THE CITY COM-
mISSION OF THE CiTY OF DELRAY
I"NEIGHBORHOOD COMMERCIAL
(NC DISTrICt, ~'THE LAND
VE~OPMENT REGULATIONS OF
THE CODE OF ORDINANCES
O~T~UED
THE CITY OF DELRAY BEACH,
~LORIOA, BY AMENOI~G SUBSEC.
TION 4.a,ll(Oh ~ONO~TIONAL USES
AND STRUCTU~&S ALLOWED', TO
P~OVIDE FO~ THE DISPLAY AND
SALE OF LAWN FURNITURE,
PLAYGROUND EQUIPMENT,
SHEDS AND ACCESSORIES AS A
CONDITIONAL USE; TO DELETE
DISPENSING OF GASOLINE
DIRECTLY TO A VEHICLE AS A
CONDITIONAL USE; TO DELETE
VETERINARY OFFICES AS A CON-
DITIONAL USE; BY AMENDING
AREA FOR SINGLE TENANT
FECTIVE DATE
ORDINANCE 65-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4.11 "NEIGHBORHOOD
COMMERCIAL (NC) DISTRICT", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION
4.4.11(D), "CONDITIONAL USES AND STRUCTURES
ALLOWED", TO PROVIDE FOR THE DISPLAY AND SALE OF
LAWN FURNITURE, PLAYGROUND EQUIPMENT, SHEDS AND
ACCESSORIES AS A CONDITIONAL USE; TO DELETE THE
DISPENSING OF GASOLINE DIRECTLY TO A VEHICLE AS A
CONDITIONAL USE; TO DELETE VETERINARY OFFICES AS A
CONDITIONAL USE; BY AMENDING SUBSECTION 4.4.11 (F),
"DEVELOPMENT STANDARDS", TO REVISE THE MAXIMUM SITE
AREA TO TWO (2) ACRES; BY AMENDING SUBSECTION 4.4.11
(H), "SPECIAL REGULATIONS", TO PROVIDE FOR A MAXIMUM
FLOOR AREA FOR SINGLE TENANT OFFICE OR SERVICE USES
AND SINGLE PRINCIPLE USES; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of October 18,
1993, and has forwarded the change with a recommendation of approval;
and,
WHEREAS, pursuant to Florida Statute 163.3174(1)(c), the
Planning and Zoning Board reviewed the subject 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 DELRAY BEACH, FLORIDA, AS FOLLOWS;
~ That Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.11, "Neighborhood Commercial (NC)
District", Subsection 4.4.11(D), "Conditional Uses and Structures
Allowed", of the Land Development Regulations of the Code of Ordinances
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses with the NC District:
(1) Child care and adult day care
Display & Sale of lawn furniture, playground
equipment, sheds and accessories
(3) Veterinary Clinics ~/~¢¢~
Section 2. That Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.11, "Neighborhood Commercial (NC)
District", Subsection 4.4.11(F), "Development Standards", of the Land
Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
(F) Development Standards: In addition to the
development standards set forth in Section 4.3.4,
the following shall apply:
(1) Maximum site area of ~/f~] two (2) acres
Section 3, That Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.11, "Neighborhood Commercial (NC)
District", Subsection 4.4.11(H), "Special Regulations", of the Land
Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
(H) Special Regulations:
(1) ~I~I~I~W~II~;II~~I~#~~I~
~#~¢~#I~¢~I~I~¢I~W¢~IW~I~I~¢I~¢
The maximum
area devoted to a single tenant for office or service
uses shall not exceed 2,000 sq. ft. in floor area.
The intent ~f of these restrictions is to maintain
the center at the neighborhood scale.
(2) The maximum floor area which can be allocated to a
single retail use. or groups of similar (retail.
office, services) principal uses
~~. shall not exceed Z~L~9~ 10.000 square
feet.
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.
-2- ORD. NO. 65-93
Section 5. That all ordinances or parts of ordinances which are
in conflict herewith are hereby repealed.
Section ~ That this ordinance shall be come effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 7th day of December , i993.
ATTEST:
Acting City Clerk
First Reading: Oqtober 26, 1993
Second Reading: December 7~ 1993
-3- ORD. NO. 65-93
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY' MANAGER
DATE: December 5, 1993
This is the second reading of an ordinance amending Section 4.4.11,
"Neighborhood Commercial (NC) District, of the Land Development
Regulations to provide for the display and sale of lawn furniture,
playground equipment, sheds and accessories as a conditional use; to
delete the dispensing of gasoline directly to a vehicle as a
conditional use; to delete veterinary offices as a conditional use; to
revise the maximum site area to two (2) acres; and to provide for a
maximum floor area for single tenant office or service uses and single
principal uses.
The Planning and Zoning Board formally reviewed this item at its
meeting of September 20th and again on October 18th. At the October
18th meeting, the firm of Weiner and Associates restated its
opposition to a maximum floor area greater than 4,000 square feet per
tenant or use category in any circumstances. The Board forwarded the
proposed amendment with a recommendation of approval, based upon a
finding that the changes were not inconsistent with the Comprehensive
Plan. A detailed staff report is attached as backup material for this
item.
At the October 26th regular meeting, Ordinance No. 65-93 passed on
first reading with a 3 to 2 vote (Mayor Lynch and Commissioner
Ellingsworth dissenting).
At the November 2nd workshop meeting, the Commission expressed concern
about the intensity and application of the NC zone district
designation.
Subsequently, we have received a request for consideration of an
additional use, "retail sale of automotive parts without on-site
installtion thereof", in the NC Zone District.
The impetus for the request is that the requested use is similar to
other allowable principal uses in the NC zone district.
While there is some merit to the argument that the requested use is
akin to some of the allowable uses in the NC, there is more merit to
the argument that an auto parts store is not in keeping with the
purpose and intent of the district which is to accommodate limited
retailing.
The Planning and Zoning Board has not reviewed this specific use
request. The Commission has several options available:
1. Take no action on the request and adopt Ordinance No. 65-93
as presented.
2. Accommodate %he request and direct the City Attorney's office
to redraft Ordinance No. 65-93 for first reading on December
14th.
3. Defer action on Ordinance No. 65-93 and refer the request to
the Planning and Zoning Board for consideration.
4. Adopt Ordinance No. 65-93 and advise the applicant to
petition for a separate text amendment for consideration of his
request.
There is no staff recommendation.
Recommend approval of Ordinance No. 65-93 on second and final reading
and advise the applicant to petition for a separate text amendment for
consideration of his request.
CITY COMMISSION DOCUMENTATION
TO: .~7JAVID T. HARDEN, CITY MANAGER
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 7, 1993
ORDINANCE NO. 65-93~ NC ZONE DISTRICT
REQUEST FOR ADDITIONAL USE~ SALE OF AUTO PARTS
.ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
including an additional use to those allowed in the NC Zone
District.
The requested use is that of "retail sale of automotive
parts without on-site installation thereof". The request
is made by Attorney Alan Kan representing Discount Auto
Parts (West Atlantic Avenue, new store).
BACK G ROUND:
Attached is the letter request from Mr. Kan. He is bringing the
request forward, at this time, since consideration of the
totality of the NC Zone District is before the Commission. He
argues that the requested use is akin to other allowable
principal uses. As an alternative, he suggests inclusion as a
"conditional use"; and, identifies some specific restrictions.
A NA L Y S I S
While there is some merit to the argument that the requested use
is akin to some allowable uses, there is more merit to the
argument that an auto parts store is not in-keeping with the
purpose and intent of the NC Zone District. The more broad
argument presented by Mr. Kan would be applicable in the
accommodation of other retail uses (e.g. carpet and floor
covering; medical and surgical equipment, music and musical
instruments, nautical supplies, office furniture, sporting
goods, jewelry, furniture, etc. as are allowed under GC zoning).
Clearly, the intent of the NC District 'is to accommodate
"limited" retailing. The question comes as to where one draws
the line.
City Commission Documentation
Ordinance No. 65-93, NC Zone District
Request for Additional Use, Sale of Auto Parts
Page 2
With respect to the site which is the focus of the request (new
Discount Auto Parts store on West Atlantic Avenue), it can
accommodate additional on-site development which may accommodate
office and/or service uses as allowed in the NC District. The
existing structure (10,000 sq.ft.) could be used for other
retail use as allowed in the NC District or it can be converted
.to office and/or service use combined with such retailing.
'PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not reviewed this specific use
request.
ALT E RNAT I V E ACT I O N S
Since the NC Zone District regulations are before the-Commission
at second reading, the following options are available with
regard to disposition of this request:
A. Take no action on the request and adopt~ Ordinance No.
65-93 as presented.
B. Accommodate the request by directing the City Attorney to
redraft the proposed ordinance and have a new first reading
~on December 14th, with public hearing and second reading in
January.
C. Defer action on the proposed ordinance; refer the special
request to P&Z for comment; and reconsider the matter in
January at which time either action "A" or "B" would be
pursued.
D. Adopt Ordinance No. 65- 93 as presented; but, ALSO,
provide direction to Mr. Kan to petition for a separate
text amendment for consideration of his request.
RECOMMEND ED ACTION:
Commission' s discretion.
Attachment:
* Request letter dated November 18, 1993
DJK/CCKAHN.DOC
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. ,.?' BEDZOW, KO , & GL SE , P. i.
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VIA: FACSIMILE and U.S. MAIL
Ms. Diane Dominguez
Principle Planner
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
Re: Discount Auto Parts Parcel/W. Atlantlc Avenue
Delray Beach, Florida
Your File. 93-140
Our File No. 1S78.12
Dear Ms. Dominguez:
Following up on our conversation, please accept this
correspondence as the undersigned's client, Discount Auto Parts,
Inc., request that the City staff and the City Commission consider
the authorization as a permitted use within the zoning designation
NC (Neighborhood Commercial), the "retail sale of automotive parts
without on-site installation thereof". As per our discussion, this
request is being made as an adjunct to the City Commission's
consideration of certain proposed changes :o the zoning district
regulations in the aforementioned category, inasmuch as same is
consistent with certain of the retail uses presenCly allowed within
the NC district, such as retail stores for convenience foods,
household supplies, garden and la~ supplies, etc.
Alternatively, we would request that such use be considered as
an allowable "conditional use" under the NC district, subject to
the applicable provisions of Section 2.4.5(e) of the City Code,
which would give the City strict control over the type of store
within which such said sales would be allowed. This would be
especially true in the instant case as our client has spen: a great
deal of money in constructing i~s store on the aforementioned
property and has, including but not limited, comply with all
applicable provisions of the City Site Plan requirements relating
to appearance, landscaping, colorations, signs, etc.; and would be
greatly disadvantaged should a catastrophe occur which would (such
as fire or hurricane) not allow iT to rebuild the store.
Ms. Diane Dominguez
November 17, 1993
Page 2
Moreover, additional conditions could be placed on. the
authorized use thereof so as to prevent same from being contained
within a strip center, but rather require same to be in a free-
standing bu±lding such as the Discount Auto Parts store on West
Atlantic Boulevard, and, further, that the size of the parcel be of
a csrtain minimum with appropriate parking, landscaping, etc. being
provided such that the subject parcel of property would be the only
parcel of property within the City given NC upon which such a store
could be constructed.
I trust the above will be sufficient for your initial
consideration of our client's request; and would request that you
contact me upon receipt of this correspondence so that we may more
fully discuss same.
Thank you in advance for your anticipated consideration and
cooperat ion.
Very truly yours,
AJK: msn
cc: Mr. Cliff Wiley
TO: MAYOR AND C~TY COMMISSIONERS
FROM: CITYMANAGER~t
SUBJECT: AGENDA ITEM # ~/~ - MEETING OF NOVEMBER 2. I993
ORDINANCE NO.65-93
DATE: October 29, 1993
At the October 26th regular meeting, the Commission, by consensus,
requested that this item be placed on a workshop agenda for
discussion.
This is an ordinance amending Section 4.4.11, "Neighborhood Commercial
(NC) District, of the Land Development Regulations to provide for the
display and sale of lawn furniture, playground equipment, sheds and
accessories as a conditional use; to delete the dispensing of gasoline
directly to a vehicle as a conditional use; to delete veterinary
offices as a conditional use; to reduce the maximum site area from
four (4) acres to two (2) acres; and to reduce, from 35,000 to 10,000
square feet, the maximum floor area for single tenant retail, office
or service uses and single principal uses.
The Planning and Zoning Board formally reviewed this item at its
meeting of September 20th. Public testimony was taken and the matter
was continued to October 18th. At the October 18th meeting, the firm
of Weiner and Associates restated its opposition to a maximum floor
area greater than 4,000 square feet per tenant or use category in any
circumstances. The Board forwarded the proposed amendment with a
recommendation of approval, based upon a finding that the changes were
not inconsistent with the Comprehensive Plan.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~ ~
SUBJECT: AGENDA ITEM ~ /~E _ MEETING OF OCTOBER 26. 1993
ORDINANCE NO. 65-93
DATE: October 22, 1993
This is the first reading of an ordinance amending Section 4.4.11,
"Neighborhood Commercial (NC) District, of the Land Development
Regulations to provide for the display and sale of lawn furniture,
playground equipment, sheds and accessories as a conditional use; to
delete the dispensing of gasoline directly to a vehicle as a
conditional use; to delete veterinary offices as a conditional use; to
revise the maximum site area to two (2) acres; and to provide for a
maximum floor area for single tenant office or service uses and single
principal uses.
The proposed amendments to the NC District are appropriate given the
desired scale (intensity) of the uses to be accommodated in it. The
uses being deleted do not presently exist on any NC zoned property;
thus, no non-conforming situations will be created. There are no
active land use applications which would be impacted by the proposed
changes.
The Planning and Zoning Board formally reviewed this item at its
meeting of September 20th. Public testimony was taken and the matter
was continued to October 18th. At the October 18th meeting, the firm
of Weiner and Associates restated its opposition to a maximum floor
area greater than 4,000 square feet per tenant or use category in any
circumstances. The Board forwarded the proposed amendment with a
recommendation of approval, based upon a finding that the changes were
not inconsistent with the Comprehensive Plan. A detailed staff report
is attached as backup material for this item.
Recommend approval of Ordinance No. 65-93 on first reading. If passed
public hearing December 7th in order to fulfill advertising and
mailing requirements.
ORDINANCE 65-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4.11 "NEIGHBORHOOD
COMMERCIAL (NC) DISTRICT", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION
4.4.11(D), "CONDITIONAL USES AND STRUCTURES
ALLOWED", TO PROVIDE FOR THE DISPLAY AND SALE OF
LAWN FURNITURE, PLAYGROUND EQUIPMENT, SHEDS AND
ACCESSORIES AS A CONDITIONAL USE; TO DELETE THE
DISPENSING OF GASOLINE DIRECTLY TO A VEHICLE AS A
CONDITIONAL USE; TO DELETE VETERINARY OFFICES AS A
CONDITIONAL USE; BY AMENDING SUBSECTION 4.4.11 (F),
"DEVELOPMENT STANDARDS", TO REVISE THE MAXIMUM SITE
AREA TO TWO (2) ACRES; BY AMENDING SUBSECTION 4.4.11
(H), "SPECIAL REGULATIONS", TO PROVIDE FOR A MAXIMUM
FLOOR AREA FOR SINGLE TENANT OFFICE OR SERVICE USES
AND SINGLE PRINCIPLE USES; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of October 18,
1993, and has forwarded the change with a recommendation of approval;
and,
WHEREAS, pursuant to Florida Statute 163.3174(1)(c), the
Planning and Zoning Board reviewed the subject 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 DELRAY BEACH, FLORIDA, AS FOLLOWS;
Section 1. That Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.11, "Neighborhood Commercial (NC)
District", Subsection 4.4.11(D), "Conditional Uses and Structures
Allowed", of the Land Development Regulations of the Code of Ordinances
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses with the NC District:
(1) Child care and adult day care
Display & Sale of lawn furniture, playground
equipment, sheds and accessories
(3) Veterinary clinics ~/~¢~
Section 2. That Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.11, "Neighborhood Commercial (NC)
District", Subsection 4.4.11(F), "Development Standards", of the Land
Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
(F) Development Standards: In addition to the
development standards set forth in Section 4.3.4,
the following shall apply:
(1) Maximum site area of ~/~; two (2) acres
Section 3. That Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.11, "Neighborhood Commercial (NC)
District", Subsection 4.4.11(H), "Special Regulations", of the Land
Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
(H) Special Regulations:
~1~¢1~1~W~1~;11~~1~¢~~1~
area devoted to a single tenant for office or servia9
uses shall not exceed 2,000 sq. ft. in floor area.
The intent $~ of these restrictions is to maintain
the center at the neighborhood scale.
(2) The maximum floor area which can be allocated to a
single retail use. or groups of similar (retail.
office, services) principal uses ~I/~~/~/~
~~. shall not exceed ~~ 10.000 square
feet.
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.
2 ORD. NO. 65-93
$~ion §. That all ordinances or parts of ordinances which are
in oonflict herewith are hereby repealed.
~_~ That this ordinance shall be come effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of , 1993.
MAYOR
ATTEST:
Acting City Clerk
First Reading:
Second Reading:
-3- ORD. NO, 65-93
CITY COMMISSION DOCUMENTATION
TO: /~ID T' HARDEN, CITY MANAGER
FROM: -1~VID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 26, 1993
LDR TEXT AMENDMENT - NEIGHBORHOOD COMMERCIAL (NC) ZONE
DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance which effects
changes to the Neighborhood Commercial Zone District.
BACKGROUND:
Please refer to the attached P&Z Staff Report for a historic
perspective on the NC Zone District. Within the past year
specific instances dealing with interpretation as to whether or
not a gasoline station is an allowable use; and, the intensity
of retail uses have placed the need .to review and modify the NC
District regulations.
The geographic areas affected by the proposed amendment include:
* the northwest corner of Seacrest and 22nd;
* the northeast corner of Seacrest and 22nd;
* parcels along Atlantic Avenue, west of Barwick;
* the Hamlet Shoppes & adjacent land (Atlantic Avenue);
* the Discount Auto Parts parcel (West Atlantic Avenue)
which is currently being annexed with NC zoning; and,
* the recently annexed Taheri property on Military Trail
which has a potential for application of NC zoning.
The issues/items addressed by the proposed amendment include:
A. Deletion of use which may have been construed to
accommodate a gasoline station;
B. Addition of the use conducted at The Hitching Post
(West Atlantic Ave) as a conditional use;
C. Reduction of intensity by reducing allowable lot area
from four (4) acres to two (2) acres;
D. Reduction of intensity by reducing allowable floor
area allocated to retail use from 35,000 sq. ft. to
10,000 sq. ft., and applying the new limitation to
office and service uses;
City Commission Documentation
LDR Text Amendment - Neighborhood Commercial (NC) Zone District
Page 2
E. Elimination of a restriction on the number of similar
office and business uses; and of a 2,000 sq.ft.
limitation on the aggregate for office and business
uses; and,
F. Removal of the words "and offices" from the listed
conditional use of "veterinary clinics".
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of September 20, 1993. Public testimony was taken (see
Dominguez memo of October 12th) and the matter was continued to
the meeting of October 18th. Please refer to the P&Z Staff
Report (memo) for the October 18th meeting for the analysis and
response to points raised at the public hearing. At the October
18th meeting, the firm of Weiner & Associates restated its
opposition to a maximum floor area greater than 4,000 sq.ft, per
tenant or use category in any circumstance. A rationale was
provided by the Director in support of the 10,000 sq.ft.
requirement. All supported the reduction in intensity by
reducing the allowable lot area.
The Board then forwarded the proposed amendment with a
recommendation of approval, based upon a finding that the
changes were not inconsistent with the Comprehensive Plan.
The proposed amendment as recommended by the Board is as
follows:
(D)(2) DELETE Dispensing of gasoline directly to a vehicle
(D)(2) NEW (add) Display & Sale of lawn furniture, playground
equipment, sheds, and accessories
(D)(3) PARTIAL DELETE Delete the words "and office"
(F)(1) Change maximum site area to two (2) acres
(H)(1) REWORD to:
~*~Z~~ ~ ~M~II ~ ~¢~ ~fft~ ~ The maximum
area devoted to a sinqle tenant for office or service
uses shall not exceed 2,000 sq.ft, in floor area. The
intent ~f of these restrictions is to maintain the
center at the neighborhood scale.
(H)(2) REWORD to:
"The maximum floor area which can be allocated to a
single retail use~ or groups of similar (retail~
office, services) principal uses ~XX ~~ ~ ~
'shall~ not exceed 3~Jggg 10,000 square feet.
City Commission Documentation
LDR Text Amendment - Neighborhood Commercial (NC) Zone District
Page 3
In addition to the above, the Board directed the Staff to
proceed with rezoning actions affecting areas zoned NC in both
the northeast and northwest quadrants of the intersection of
Seacrest and 22nd Street.
RECOMMENDED ACTION:
By motion, approval of the amending ordinance on first reading
and set 2nd reading and public hearing consideration for
November 9, 1993.
Attachment:
* Ordinance by others
* P&Z Staff Report & Documentation of October 18, 1993
* Dominguez memo of October 12, 1993
* P&Z Staff Report of September 20, 1993
DJK\CCNC
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
FOR
L. D.R. AMENDMENT
MEETING DATE: SEPTEMBER 20, 1993
AGENDA tTEM~ III.B ......
SUBJECT8 CHANGES TO TME N.C. ZONE DISTRICT
LDR REFERENCE~ 4~4.11 (D)(2) and (H)(2)
I T E M B E F O R E T H E B O A R D
The item before the Board Xs that of making a
recommendation to the City Commission on' the proposed
modifications to the City's Land Development Regulations
(LDRs). ~ .........
Pursuant to LDR Section 1.1.6, no amendment may be made
until a recommendation is obtained from the Planning and
Zoning Board.
Pursuant to F.S. 163.3194(2), the Planning and Zoning Board
is to review the proposed amendment with respect to ~ts
relationship to the adopted Comprehensive Plan of the City.
Since the proposed amendment may substantially affect the
use of property which is presently zoned N.C., each owner
of N.C. property has been given notice of this
consideration. The consideration is to be made after a
public hearing.
B A C K G R 0 U N D
The N.C. Zone District existed prior to 1976. At that time,
there were only a few princ~pal uses. Retail use was allowed
only as a conditional use. The purpose statement provided that
the N.C. zone was to accommodate neighborhood needs based upon. a
3/4 mile service area.
'In revisions (X976-X980), retail of convenience goods was moved
to a principal use; and, in general, the range of uses was
increased.
In preparation of the LDRs (1990), two changes of substance were
recommended by the Planning and Zoning Board.
* One was that "gasoline stations" be changed to "dispensing to
'gasoline directly to a vehicle". The intent was that while a
normal gasoline station was not appropriate, the ability to "gas
up" at a convenience store should be retained.
III.B.
..' P&Z Staff Report
Changes to the N.C. Zone District
Page 2
* The other involved placing a restriction on the use area
allocated to similar office/professional uses [see subsection
4.4.11(H)(1)].
Also, the reference to a 3/4 mile service radius was deleted and
language was provide which accommodates the N.C. zone within the
Transitional Land Use designation.
During the hearing associated with the new zoning map, ~ change
in zoning for property located at the corner of Seacrest and
22nd raised another issue. Previously, the Future Land Use Map
classified the site as "Transitional"; thus, the (then) existing
zone designation of Limited Commercial (LC) was no longer
applicable. The proposed zoning was RM, the owner's agent
sought N.C. The Planning and~on~ng Board declined to recommend
a change to the N.C. zone in that they~~3emed the 'scale=0f'-'the
project (Food Lion) being considered for this ~'ar~lc~lar sl~e,- a
Land Use Map designation o~ General Commercial would be
necessary as opposed to the underlying designation~' of
Transitional. At the City Commission hearings, the Commission
was receptive to the request for N.C. zoning. In order to
accommodate the situation, the Commission added subsection
(H)(2) which placed a limitation on retail users at 35,000
sq.ft, per N.C. development.
During the past three years concerns have been raised with the
application of the gasoline dispensing use and with the scale of
retail which is allowed. Thus, proposed changes to the* N.C.
Zone District are now before the Board.
PROPOSED AMENDMENT
DELETE from Section 4.4. Il(D) Conditional Uses Allowed,
subsection (2); to wit:
C~GE w~th Section 4.4.11(H) Special Re,Introns, a ~lon of
s.ubsection (2); to wit:
(2) The maximum floor 'area which can be allocated to a
single retail tenant or to specific retail uses, s~n~larly or
In the aggregate, shall not exceed` ~~ 10,000 square feet.
ANA L'Y S I S
Re: Gasoline Service: The'probIem w~th'the use as described Is
that a petitioner sought to ~nterpret the item as allowing
typical, high-volume gasoline outlets. Th~ land use petition
was accepted and processed, and the Planning and Zoning ~ard In
addition to reco~endlng den~al found the ~nterpretat~on to be
P&Z Staff Report
Changes to the N.C. Zone District
Page 3
inappropriate. (The petition was later withdrawn at the City
Commission level). During debates, it was claimed that the use
of gasoline pumps at a convenience store is ~no- longer a
practice'. Thus, if indeed that is the situation, the origlg~l
intent of inclusion for the gasoline service use does not exist;
and, to avoid future confusion, the use should be stricken.
Re: General Retail @ 35,000 sq. ft.: In 1990, it was clear to
the Planning and Zoning Board that a 35,000 retail (food) outlet
would not be proper in the N.C. zone district and that General
Commercial zoning was required. The City Commlssioa in its last
meeting for action upon adoption of the LDRs, inserted the area
restriction so as to set a limit on the extent of retail'which
could be established on any single N.C. property. That City
Commission action was done to accommodate a proposed food store
at Seacrest and 22nd Street. Since that time, Commissioners
have expressed second thought on that previous action. Both at
the Planning and Zoning Board and City Commission level there
has been direction to re-visit this matter. The item has
recently had further exposure when N.C. zoning was discussed as
a possible future zoning for a portion of the Taheri property
off Military Trail.
From the historic record (Background Section), it is clear that
the N.C. zone district was not intended to accommodate a use,
which would have a service area based upon 35,000 sq.ft, of
retail or food store. The proposed floor area of 10,000 sq.ft.
is more in keeping with convenience stores and the complimentary
similar uses which may be found in a neighborhood center.
Re: Affected Properties: At this time there are four (4) N.C.
zone districts located in the City. Another property (Discount
Auto on West Atlantic) is soon to be annexed with that zoning.
Attached is a report which identifies each location, the current
usage, and comments on its zoning history. A brief description
of the use at each site is as follows.
#1 Northwest Corner of Seacrest and 22nd: Except for the
corner buildings this property has not been used for several
years. A former office complex and a former gasoline station
.remain in dilapidated states. The total land area is 4.32 acres
(including the occupied corner).
The former gasoline station ~as' zoned to'N2C/ (from C-2)J 'The
balance of the site was annexed Sn 1985 with L.C. zoning to
accommodate the proposed Shoppes of Seacrest, a 35,000+.sq.ft.
retail center. While a site plan had been approved, the use was
not established. For several years thereafter, it was rumored
that a Food Lion was to occupy the site; but there has not been
a site plan approved, nor have there been any retail inquiries
for quite awhile. The existing uses were proposed for N.C.
zoning and the balance of the property as R.M. with the LDRs;
however, the entire site was placed in the N.C. category at the
property owners' request.
. P&Z Staff Report
Changes to the N.C. Zone District
Page 4
f2 Northeast Corner of Seacrest and 22ndt The corner parcels
(6) were annexed prior to 1962 with C-1 zoning. N.C. zoning was
applied in 1976.. The balance of the properties (? parcels) were
annexed in 1988 with R-1AA zoning. With the LDRs adoption,
the parcels were zoned N.C. One non-conforming non-residential
use (Dan'ce Studio) exists and two non-conformln~ residences
exist. The basis and appropriateness of the'N.C, zoning on the
former R-iAA properties needs to be explored.
#3 Strip parcels along West Atlantic Avenue, west of Bsrw~ckl
This property was developed as a commercial strip under the
County. Upon annexation in June, 1992, the N.C. zoning was
applied in that it was appropriate as to the intensity of the
current use. There are three (3) separate parcels with a tots1
land area of 1.6 acres .... _ _ =..
#4 The Hamlet Shoppes & Adjacent Land: A portion of this area
is a typical Neighborhood Commercial center. The center is 1.3
acres. The other property contains the Hitching Post which sells
outdoor play and storage equipment. This is a non-conforming
use. The Hitching Post Is on !.9 acres of land. These
properties were annexed in 1983 with G.C. zoning. The N.C. zone
district was applied to these parcels in 1990 following adoption
of the LDRs. The FLUM designation is General Commercial; but,
consideration of a "corrective" amendment to "Transitional" is
in processing.
AS SE SSMENT AND CONCLUS ION8
The proposed amendments to the N.C. Dlstric't are appropriate
given the des ired scale (intensity) of the uses to be
accommodated in lt. The uses being deleted do not presently .._
exist on any N.C. zoned property; thus, no' n-on-conforming
situations will be created. There are no active land use
applications which would be impacted by the proposed changes.
Given the above assessment, it is proper to make the proposed
changes at this time.
Also, since the N.C. District is before the Board for
Consideration, it is also appropriate to consider any other
changes which may be appropriate. Thus, additional changes
be raised by the Board, or through the public hearing process.
A L T E R N A T I V E A C T ! 0 N S
1. Recommend denial in that the proposed modifications:
a),. are not consistent with the Comprehensive Plan,
-specifically with regard to (identify specific
policies or direction);
and/or
P&Z Staff Report
Changes to the N.C. Zone District
Page 5
b) are not necessary, nor appropriate In that the
inclusion of the items in October, 1990, was based
upon sound reasoning and circumstances which have not
changed. -: :
2. Recommend approval based upon a finding that the proposed
modifications:
a) are not inconsistent with the Comprehensive Plan;
and
b) are consistent with and further the Comprehensive Plan
by providing a greater degree of protection for
adjacent and nearby residential neighborhoods.
3. Continue with directIon.
RECOMMENDED ACTION
By motion: a recommendation per Alternative Action #2 as stated
above.
Report prepared by: ~ [X_..._~.~'-~--'l--~-~J-'~'-~ Date )?~t
Report reviewed by: Date
Attachments: .-' - -
* N.C. Zone District Text
* Report by Jeff Perkins, Assistant Planner, re existing
conditions of NC zoned property
DJK/PZNCDIST '
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: DAVID KOVACS /-
FROM: DIANE DOMINGUEZ L (~,~'~-~" ~'~,%%"'
SUBJECT: P & Z BOARD DIRECTION RE: CHANGES TO NC DISTRICT
DATE: OCTOBER 12, 1993
At its meeting of September 20, 1993, the Planning and Zoning
Board considered the proposed amendment to the NC (Neighborhood
Commercial) zoning district regulations. During the public
hearing on the item, the following comments were made from the
floor:
Randy Cooper, resident on 22nd Lane: Single family homes
annexed in 1988 (4 lots) and given NC zoning. Wants single
family zoning.
Debra Dowd, representing Seacrest Homeowners Assoc.:
Wanted to know the reason for the changes and was upset
that the association wasn't notified.
Mike Weiner, representing Del Aire H.O. Assoc.: Scale of
NC uses should be reduced. 10,000 sq. ft. too large for
single tenant. 4,000-5,000 sq. ft. probably more
appropriate.
Lori Cohen, representing The Hamlet H.O. Assoc.: Supports
changes.
Roger Saberson, representing Art Mirandi, owner of the
Hitching Post: Asked the Board to consider adding his
client's use as an allowable use in order to make It
conforming.
The Board discussed the item and tabled it to the October
meeting with the following direction:
That it is probably appropriate to reduce the maximum
allowable tenant size to 5,000 sq. ft. or so, but that
existing uses should be evaluate~ to determine if any would
become nonconforming as a result.
Jean Beer felt that the code should not be changed to
accommodate one person such as the Hitching Post.
That the zoning of the residential properties should
probably be changed to single family.
PLANNING & ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE~ OCTOBER 18, 1993
AGENDA ITEM: V.A.
SUBJECT: MODIFICATIONS TO THE NC ZONE DISTRICT
B A C K G R O U N D
Proposed amendments to the NC Zone District were considered
at a public hearing before the Board on September 20, 1993.
The staff report for the item and the NC Zone District
regulations (with proposed modifications) as presented on
September 20th are attached. Also attached is a staff
memorandum (Dominguez 10/12/93) which recaps testimony and
direction from the public hearing consideration.
CURRENT SITUATION & ISSUES
1. The proposed changes to delete the use "Dispensing of
gasoline directly into a vehicle" is not at issue; and,
is supported.
2. The deletion of the words "and office" in association
with the use of Veterinary Clinics is not at issue;
and, is supported.
3. A change in zoning from NC to R-1-A (or other
appropriate residential zone district) along N.E. 22nd
Street cannot be forwarded at this time; however, the
Board may direct that such a rezoning be initiated and
the processing commence.
4. The request to include the use category for the
Hitching Post appears appropriate given the zoning
history of the property (at one time the GC designation
was shown on the zoning map) and the presence of
"equipment rental" as an allowable use. It is
suggested that the use be added to the District as a
conditional use.
5. The final item is the request to reduce the maximum
allowable floor area for a single retail tenant or
specific retail uses, singularly or in the aggregate,
from 10,000 sq.ft, to 4-5,000 sq.ft. Of the present
uses on property zoned NC, we have the following
allocations for floor area:
V.A,
P&Z Staff Report
Modifications to the NC Zone District
Page 2
* 5,000 sq.ft, and greater - The Hitching Post on West Atlantic (1,300 office,
6;000 outside sales area) (non-conforming)
- Delray Farmers Market on West Atlantic (5,100)
- The aggregate of the Hamlet Shoppes (8,800)
- One structure in the former office complex on
Seacrest (11,269) and the aggregate @ 23,627
* 4,000 - 5,000 sq.ft
- Newton's Radio & TV (4,080)
* 3,000 - 4,000 sq.ft. - Domino's & Kwik Stop on Seacrest (3,800)
- Grand Rental on Seacrest (3,040)
- Handi Mart on W. Atlantic (3,000)
The balance of the uses are less than 3,000 sq.ft. Thus, at
5,000 sq.ft, one allowable use would be affected. At 4,000
sq.ft, another allowable use would be affected. The effect
is that neither would be allowed to expand; and, if
destroyed, would not be allowed to be re-established at more
than 5,000 (or 4,000) sq.ft.
As another part of our research we selected some "typical"
neighborhood centers to determine their land area and floor
coverage. The following was ascertained:
* Pelican Harbor Shoppes @ S. Federal and Tropic Isles Dr
Parcel Size of 64,300 sq.ft 1.48 acres
Total Floor Area 14,000 sq.ft. 0.22 FAR
Largest Tenant 3,000+sq.ft.
* Sherwood Plaza @ Lowson and Congress
Parcel Size of 132,000 sq.ft. 3.04 acres
Total Floor Area 30,700 sq.ft. 0.23 FAR
Largest Tenant 10,000 sq.ft. Stern's
* Mayfair Plaza @ SE 6th Ave & SE 9th St
Parcel Size of 27,000 sq.ft. 0.62 ac
Total Floor Area 8,200 sq.ft. 0.30 FAR
Largest Tenant 1,000 sq.ft. +/-
* The Hamlet Shoppes @ W. Atlantic Ave
Parcel Size of 56,620 sq.ft 1.30 ac
Total Floor Area 8,800 sq.ft. 0.16 FAR
From the above information, a different approach to the
issue of size and intensity might be considered. This
approach is to reduced the allowable land area to two (2)
acres. With a FAR of .3 to .22, the resulting floor area
per development would be 19,200 to 26,000 sq.ft. Within
such a complex a single principal use (retail sales,
P&Z Staff Report
Modifications to the NC Zone District
Page 3
services, offices) would be restricted to 10,000 sq.ft, as
would the aggregate of such uses. There would be no maximum
set 'for conditional use items; however, during the
conditional use process a maximum could be imposed if
appropriate.
The resulting text language (changes) to accommodate the
above suggestion would be as follows:
(F)(1) Maximum site area of f6~ two (~) acres.
(H)(2) The maximum floor area which can be allocated to a
single principal use, or qroup of similar (retail, officet
services) principal uses ~Z~Z Z~Z ~ Z~ ~fX~ ~XX
~ ~Z~Z~ ~ X~ ~6 ~~Z~ shall not exceed
3~0 10,000 square feet.
There has been a question as to where the number 4,000
sg.ft, per tenant (which was aired during annexation
hearings on the Taheri property) came from. The statements
made by the Director were in error as he confused the
requirement for a free-standing building to have a minimum
floor area of 4,000 sq.ft. [(F)(3)] with the maximum floor
area required for users.
ALTERNATIVE ACTIONS
1. Continue with further direction.
2. Forward with a recommendation supportive to the
Director' s recommendations.
3. Forward a different recommendation.
RECOMMENDED ACTION
By motion, based upon a finding that they are not
inconsistent with the Comprehensive Plan, forward the
following proposed changes to the City Commission for
enactment:
(D)(2) DELETE Dispensing of gasoline d~rectly to a
vehicle '
(D)(2) NEW (add) Display & Sale of lawn furniture,
playground equipment, sheds, and accessories.
(D)(.3).. .PARTIAL DELETE Delete the words "and office"
(F)(1) Change maximum site area to two (2) acres
P&Z Staff Report .
Modifications to the NC Zone District
Page 4
(H)(2) Reword to:
"The maximum floor area which can be allocated to
a single principal use, or group of similar
(r~tall, office, services) principal uses shall
not exceed 10,000 square feet."
ALSO, direct the Staff to proceed with rezonings from NC to
Report prepared .'~~ Date: ~
Attachments:
* September 20th Staff Report with N.C. Text (inventory
is not included)
* Domlnguez Memorandum re 9/20/93 Hearing.
DJK/PZNClSTI~
Section 4.4.11
Section 4.4.11 Neighborhood Commercial {NC) District:
(A) ~urpose and Intent: The Neighborhood Commercial
(NC) District provides the opportunity to locate limited retail
and service uses in a manner convenient to and yet not disruptive
to residential areas. The NC District may be located in areas
designated as Transitional on the Future Land Use Map when a
nonresidential use is appropriate for the location.
(B) Principal Uses and Structures Permitted: The following
types of use are allowed within the NC District as a permitted
use:
(1) Retail sales such as: convenience foods;
household supplies; garden and lawn supplies; drugs and medicine;
small appliance sales and repairs; baked goods; delicatessen
goods.
(2) Provision of services such as: barber and beauty
shops; dry cleaning limited to on-site processing for customer
pickup only; dry cleaning and laundry pickup stations; financing
e.g. banks and similar institutions excluding drive-through
facilities; laundromats limited to self-service facilities;
dining at sit down restaurants including takeout and ice cream
parlors but excluding drive-in, drive-through facilities;
equipment rental; newsstands.
(3) Business and Professional Offices which provide
direct services to customers such as: travel agencies; outpatient
medical offices; real estate; finance and accounting; community
service (outreach) offices. With limitations per Subsection (H).
(C) Accessory Uses and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal
use:
(1) Parking areas for employees and customers
(2) Refuse and storage areas
(D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses within the NC District:
(1) Child care and adult day care
(2) D~ensl~~c dl~-~~eh~e--
(3) Veterinary clinics and offices
4431
Section 4.4.11 (E)
(E) Review and Approval Process:
(1) In established structures, uses shall be allowed
therein upon application to, and approval by, the Chief Building
Official for a certificate of occupancy.
(2) For any new development, approval must be granted
'by the Site Plan Review and Appearance Board pursuant to Sections
2.4.5(F), (G), and (I).
(3) Conditional uses must be approved pursuant to the
provisions of Section 2.4.5(E).
(F) Develgpment Standards: In addition to the development
standards set forth in Section 4.3.4, the following shall apply:
(i) Maximum'site area of four (4) acres
(2) Special Landscape Area: Within the first ten feet
(10') of the front yard setback area (abutting the property line)
full landscaping shall be provided. Driveways and sidewalks
shall be accommodated only when generally perpendicular to the
property line.
(3) Any free-standing structure which accommodates a
principal or conditional use shall have a minimum floor area of
4,000 square feet.
(G) Supplemental District Requlations: The supplemental
district regulations as set forth in Article 4.6 shall apply.
(H) Special Regulations:
(1) Not more than two (2) similar professional or
business offices shall be allowed within a single NC development
nor shall any such office use exceed 2,000 sq.ft, in floor area.
The intent if these restrictions is to maintain the center at the
neighborhood scale.
(2) The maximum floor area which can be allocated to a
single retail tenant or to specific retail uses, singularly or in
the aggregate, shall not exceed 35,000 square feet.
4432