20-90 FAILED
ORDINANCE NO. 20-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO.
38-84, PERTAINING TO A 1.39 ACRE PARCEL OF LAND
(COMMONLY REFERRED TO AS THE GULFSTREAM
BUILDING), PRESENTLY ZONED TO THE SAD "SPECIAL
ACTIVITIES" DISTRICT AND LOCATED AT THE
NORTHWEST CORNER OF N.E. 8TH STREET AND ANDREWS
AVENUE, SAID LAND BEING IN SECTION 9, TOWNSHIP
46 SOUTH, RANGE 43 EAST, BY REPEALING SECTION
2(a) OF ORDINANCE NO. 38-84 IN ITS ENTIRETY AND
ENACTING A NEW SECTION 2(a) OF ORDINANCE NO.
38-84 TO PROVIDE FOR A MODIFIED LIST OF
CONDITIONAL USES TO BE PERMITTED THEREUNDER;
PROVIDING A GENERAL REPEALER~CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on September 11, 1984, the City Commission, by
adoption of Ordinance No. 38-84 on second and final reading,
zoned the subject property (commonly referred to as The
Gulfstream Building) to the SAD (Special Activities) District and
approved certain conditional uses and site and development plans,
subject to conditions; and,
WHEREAS, on May 4, 1990, Suncoast Savings and Loan
Association, a Florida Savings and Loan Association, as owner,
submitted to the Planning and Zoning Department an Application
for Rezoning to rezone the subject property from SAD (Special
Activities) District to LC (Limited Commercial) District; and,
WHEREAS, on June 14, 1990, Suncoast Savings and Loan
Association, a Florida Savings and Loan Association, as owner,
submitted an amended petition to the Planning and Zoning
Department, said amended petition to be a modification of
existing SAD Ordinance No. 38-84 by amending Section 2(a) of said
SAD Ordinance No. 38-84 to modify the approved conditional uses
for the subject property; and,
WHEREAS, at the meeting held June 18, 1990, the
Planning and Zoning Board reviewed said amended petition; and,
WHEREAS, pursuant to City ordinances, the matter has
been presented to the City Commission,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Ordinance No. 38-84 is hereby amended
by repealing Section 2(a) of Ordinance No. 38-84 and enacting a
new Section 2(a) to read as follows:
(a) The only conditional uses to be permitted
hereunder are as follows:
(1) Commercial Uses
The following are commercial permitted uses
in this Special Activities District:
Antiques
Art galleries, supplies and crafts
Barbershops
Beauty shops
Business machines, including service
Business offices
Confectioneries
Exercise facilities
Financial institutions, including drive-in
facilities
Hearing aids
Interior decorator shops
Optical equipment
Photographic equipment and supplies
Photographic studios
Professional offices
Restaurants
Sewing supplies
Stationery
Tailoring
Travel agencies
TV sales and repairs
(2) Retail Uses
The following are retail permitted uses in
this Special Activities District limited to
the ground floor of any building located
thereon:
Bath shops
Bookstores
Cheese shops
Cosmetics
Delicatessens
Drugstores
Dry cleaning, limited to 1,500 square feet,
customer pick-up only
Dry cleaning pick-up stations
Florist
Food stores
Gift shops
Health goods
Hobby shops
Home furnishings
Ice cream parlors
Import shops
Jewelers
Leather goods
Music shops
Newsstands
Sporting goods
Tobacconists
Toy shops
Wearing apparel and accessories for men,
women and children
(3) Conditional Uses
As prescribed in the Zoning Code of the City
of Delray Beach and after the review of the
application and plans appurtenant thereto,
and hearing thereon, if the Planning and
Zoning Board finds as a fact that the
proposed use or uses are consistent with the
Special Activities District, good zoning
practice, not contrary to the Master Plan,
and not detrimental to the promotion of
public appearance, comfort, convenience,
general welfare, good order, health, morals,
prosperity, and safety of the City, the
following uses may be recommended to the
Commission as conditional uses:
- 2 - Ord. No. 20-90
Adult congregate living facilities, subject
to Sec. 173.063 of the Zoning Code of the
City of Delray Beach
Child care and adult day care, subject to
Sec. 173.063 of the Zoning Code of the City
of Delray Beach
Churches or places of worship, including
their attendant educational, recreational,
and columbarium facilities
Clubs and lodges, including fraternal,
recreational, and social
Cocktail lounges and bars subject to Chapter
113. Cocktail lounges and bars shall provide
a sufficient exterior ingress and egress.
Community center facilities
Continuing care facilities, subject to Sec.
173.064 of the Zoning Code of the City of
Delray Beach
Hotels and motels
Multiple family projects or dwelling units.
These projects shall comply with the district
regulations for the RM-15 District, except
for setbacks and height which shall be as
specified in this district, and are subject
to site and development plan approval.
Resort dwelling units, subject to site and
development plan approval. These projects
shall comply with the district requirements
for the RM-15 Zoning District.
Section 2. All other terms and conditions contained in
Ordinance No. 38-84, not in conflict herewith, remain in full
force and effect.
Section 3. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1990.
F A I L E D
M A Y O R
ATTEST:
City Clerk
First Reading
Second Reading
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