Item Coversheet


LEGISLATIVE MEMORANDUM


TO:


Honorable Mayor and Members of the City Council
FROM: Suzanne Sherman, City Manager
THRU: Lisa Frazier, AICP, Growth Management Director
DATE:

12/7/2023
RE:

Resolution 2023-45, granting a conditional use to allow for automotive gas/fuel sales in NC (Neighborhood Commercial District) zoning on property located at the southwest corner of Emerson Drive and Glencove Avenue (3.00 acres) (Case CU23-00003, Sunrise Plaza Enterprise, Inc.). (Quasi-Judicial Proceeding)

The subject property is a three (3) acre parcel with Neighborhood Commercial zoning located at the southwest corner of Glencove Avenue NW and Emerson Drive NW. The applicant has provided a conceptual plan with a proposed 3,000 square foot gas station, along with restaurant and retail/office space. The applicant intends on keeping the property undivided. The conditional use request is specifically to allow retail automotive gas/fuel sales to be developed on vacant land.

 

Section 185.042(D)(1) of the Code of Ordinances establishes retail automotive gas/fuel sales as a conditional use in the Neighborhood Commercial District and provides specific requirements to be met before permitting this use. Retail automotive gas/fuel sales establishments shall be located on arterial roadways, at a signalized intersection of a major collector road, or on corner lots at the intersection of collector streets or a higher functional classification as identified in the adopted Palm Bay Comprehensive Plan. No more than two (2) corner lots at any intersection shall be used for retail gasoline or automotive fuel sales. The proposed project is located on Emerson Drive NW, between Jupiter Boulevard NW and St. Johns Heritage Parkway. This section of Emerson Drive is classified as a major collector, urban roadway in the City of Palm Bay 2045 Comprehensive Plan, and the intersection with Glencove Avenue NW is a signalized intersection. The proposed project will be the first retail automotive gas/fuel sales establishment development at this intersection.

 

City Council has the authority to request additional and reasonable conditions and safeguards associated with this conditional use.



REQUESTING DEPARTMENT:
Growth Management

RECOMMENDATION:

Motion to approve CU23-00003.

Planning and Zoning Board Recommendation:
Planning and Zoning Board minutes are not fully transcribed at this time; the following is an excerpt:

Motion to submit Case CU23-00003 to City Council for approval.

Motion by Mr. Weinberg, seconded by Mr. Good. Motion carried with members voting as follows:

Aye:  Jordan, Weinberg, Boerema, Good, Olszewski, Warner.


ATTACHMENTS:
Description
CU23-00003 Staff Report
CU23-00003 Conceptual Plan
CU23-00003 Citizen Participation Meeting Report
CU23-00003 Application
CU23-00003 Letter of Authorization
CU23-00003 Legal Acknowledgement
CU23-00003 Legal Ad
Resolution 2023-45