Ord 22-08r \
ORDINANCE N0.22-08
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED GENERAL COMMERCIAL (GC) DISTRICT TO
AUTOMOTIVE COMMERCIAL (AC) DISTRICT; SAID LAND BEING
A PARCEL LOCATED AT THE NORTHEAST CORNER OF SOUTH
FEDERAL HIGHWAY (U.S. HIGHWAY NO. 1) AND FLADELL'S
WAY (AVENUE "F"), AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, "APRIL 2007" 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 Apri12007, as being zoned General Commercial (GC) District;
and
WHEREAS, at its meeting of November 20, 2006, the Planning and Zoning Boazd 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, this ordinance was initially brought forwazd as Ordinance No. 79-06, however,
it was postponed by the Commission at its Mazch 5, 2007 Commission meeting at the request of the
applicant and was never adopted; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes aze consistent with and
further the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; 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 CTTY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. 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 Automotive Commercial (AC) District
for the following described property:
Lots 12 through 22, inclusive, less the West 38 feet thereof, Block 22; Lots 23 through 33,
inclusive, Block 22; all of Block 23, less the West 38 feet thereof; Lots 1 through 10
inclusive, and Lots 57 through 66, inclusive, Block 35; and Lots 12 through 33, inclusive,
Block 36, all lying in Del-Raton Pazk, according to the plat thereof as recorded in Plat Book
14, Page 9, Public Records of Palm Beach County, Florida.
Together With
That portion of Frederick Boulevazd lying adjacent to and East of the East line of Lots 11
through 20, Block 23, and Lots 23 through 33, Block 22, and adjacent to and west of the
west line of Lots 1 through 10, Block 35, and Lots 12 through 22, Block 36, of "Del-Raton
Park", according to the Plat thereof as recorded in Plat Book 14, Page 9, Public Records of
Palm Beach County, Florida.
Together With
That part of the right-of--way of Avenue "E", according to the Plat of "Del-Raton Pazk"
recorded in Plat Book 14, Page 9, Public Records of Palm Beach County, Florida, said part
being bounded as follows: On the west by the present easterly right-of--way of US Highway
No.l (S.R. 5); on the East by the westerly right-of--way line of Florida Boulevazd; as shown
on said plat; on the North by Blocks 22 and 36 of said plat by a portion of the abandoned
right-of--way of Frederick Boulevazd; on the south by Blocks 23 and 35 of said plat and by a
portion of the abandoned right-of--way of Frederick Boulevard.
Section 3. 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 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
aze hereby repealed.
ORD N0.22-08
/..
1
Section 5. 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 declazed to be invalid.
Section 6. That this ordinance shall become effective immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regulaz session on second and final reading on this ISs' day of
April, 2008.
~~~ ~~
ATTEST:
MAYOR
~~~ ~
tin Deputy City Clerk
First Reading . 0
Second Reading ~ ~ ~~~~~
ORD N0.22-OS
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: Apri18, 2008
SUBJECT: AGENDA ITEM 10.A -REGULAR COMMISSION MEETING OF APRIL 15, 2008
ORDINANCE N0.22-08 -SECOND READING
ITEM BEFORE COMMISSION
This ordinance is before Commission for consideration of a privately sponsored rezoning from GC
(General Commercial) to AC (Automotive Commercial) fora 6.28 acre parcel located on the east side
of Federal Highway (a.k.a. The Ralph Buick Dealership).
BACKGROUND
At the first reading on April 1, 2008, the Commission passed Ordinance No. 22-08.
Recommend approval of Ordinance No. 22-08 on second and final reading.
ORDINANCE N0.22-08
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED GENERAL COMMERCIAL (GC) DISTRICT TO
AUTOMOTIVE COMMERCIAL (AC) DISTRICT; SAID LAND BEING
A PARCEL LOCATED AT THE NORTHEAST CORNER OF SOUTH
FEDERAL HIGHWAY (U.S. HIGHWAY NO. 1) AND FLADELL'S
WAY (AVENUE "F"), AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, "APRIL 2007" PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April 2007, as being zoned General Commercial (GC) District;
and
WHEREAS, at its meeting of November 20, 2006, 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, this ordinance was initially brought forward as Ordinance No. 79-06, however,
it was postponed by the Commission at its March 5, 2007 Commission meeting at the request of the
applicant and was never adopted; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
further the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; 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 recitations set forth above are incorporated herein.
Section 2. 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 Automotive Commercial (AC) District
for the following described property:
Lots 12 through 22, inclusive, less the West 38 feet thereof, Block 22; Lots 23 through 33,
inclusive, Block 22; all of Block 23, less the West 38 feet thereof; Lots 1 through 10
inclusive, and Lots 57 through 66, inclusive, Block 35; and Lots 12 through 33, inclusive,
Block 36, all lying in Del-Raton Park, according to the plat thereof as recorded in Plat Book
14, Page 9, Public Records of Palm Beach County, Florida.
Together With
That portion of Frederick Boulevard lying adjacent to and East of the East line of Lots I 1
through 20, Block 23, and Lots 23 through 33, Block 22, and adjacent to and west of the
west line of Lots 1 through 10, Block 35, and Lots 12 through 22, Block 36, of "Del-Raton
Park", according to the Plat thereof as recorded in Plat Book 14, Page 9, Public Records of
Palm Beach County, Florida.
Together With
That part of the right-of--way of Avenue "E", according to the Plat of "Del-Raton Park"
recorded in Plat Book 14, Page 9, Public Records of Palm Beach County, Florida, said part
being bounded as follows: On the west by the present easterly right-of--way of US Highway
No.l (S.R. 5); on the East by the westerly right-of--way line of Florida Boulevard; as shown
on said plat; on the North by Blocks 22 and 36 of said plat by a portion of the abandoned
right-of--way of Frederick Boulevard; on the south by Blocks 23 and 35 of said plat and by a
portion of the abandoned right-of--way of Frederick Boulevard.
Section 3. 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 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That should any section or provision ofthis 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
ORD NO.22-08
part declared to be invalid.
Section 6. 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 , 200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
ORD NO. 22-08
PLANNING. AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT---
MEETING DATE: November 20, 2006
AGENDA ITEM: V.B.
ITEM: Rezoning from GC (General Commercal) to AC (Automotive Commercal) for a
6.28 acre Parcel of Land Located on the northeast corner of South Federal
.Highway and Fladell's Way, formerly Ralph Buick Dealership.
GENERAL DATA:
Owner .....................................
Agent ...:..................................
Applicant .................................
Location ..................................
Properly Siza ..........................
Land Use Map Designation....
Existing City Zoning ................
Proposed City Zoning .............
Adjacent Zoning............North:
East:
South:
West:
Existing Land Use ............:.....
Proposed Land Use ................
Water Service .........................
Sewer Service ........................
Zoberman, LLC
Weiner & Aronson, P:A.
Zoberman, LLC
Northeast comer of South Federal
Highway and Fladell's Way
6.28,Acres
General Commercai
GC (General Commercial)
AC (Automotive Commercial)
PC (Planned Commercial)-
RM (Medium Densiiy Residential)
SAD (Special Activities District)
AC (Automotive Commercial)
Vagnt buildings.
Rezoning of the parcel from GC to
AC
Available via connection to an
existing 16' and 10" water main
within Florida Boulevard.
Available via connection to an
existing. 8" sewer main within
Florida Boulevard.
The action before the Board is making a recommendation to the City Commission on a
privately-initiated rezoning from GC (General Commercial) to AC (Automotive Commercial),
pursuant to LDR Section 2.4.5(D).
The subject property is located on the east side of Federal Highway and the west side of Florida
Boulevard at 1020 South Federal Highway and contains 6.28 acres.
Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations, the Planning and Zoning
Board shall review and make a recommendation to the City Commission with respect to the
rezoning of any properly within the City.
The 6.28 acre property is the former location of Ralph Buick auto dealership which occupied the
site since October 1, 1972, in four separate buildings.
In October 2005 a rezoning request was submitted by New Century Development Group. At its
November 11, 2005 meeting, the Planning and Zoning Board recommended approval of
rezoning of the property from AC (Automotive. Commercial) to GC (General Commercial). On
January 3, 2006, the City Commission approved the rezoning of the property from AC to GC.
The approval of the rezoning was to allow for the establishment of a mixed-use development,
which was to be known as Royal Palm Club that consisted of 13,781 square feet of retail floor
area, 13,900 square feet of ofFice Floor area, 16 condominium dwelling units, and 59 townhouse
dwelling units. The commercial component of the development faced Federal Highway and the
townhome uses faced Florida Boulevard adjacent to the residential uses east (rear) of the
property. The stand-alone townhome component is a conditional use within the GC district, and
was approved by the City Commission at its April 4, 2005 meeting. At its April 24, 2005 meeting,
the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan to
establish the Royal Palm Club project.
The proposed development by New Century Development Group is no longer being considered
and the owner of the property is seeking to reestablish the automotive dealership use. As auto
dealerships are not allowed use under the GC zoning designation, a rezoning to AC is being
requested.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is park of the official record.
This may be achieved through information on the application,. 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.
P & Z Stafr Repoli -November 20, 2006 Meeting
Relph Buick Rezoning - GC to AC
Page 2
FUTURE LAND USE MAP: The resulting use of land or structures must be allowed in the
zoning district within which the land Is skuated and said zoning must be consistent wkh
the applicable land use designation as shown on the Future Land Use Map.
The subject property has a Future Land Use Map (PLUM) designation of GC (General
Commercial) and is currently zoned GC (General Commercial). The proposed AC zoning
designation (Automotive Commercial) is consistent with the GC Future Land Use Map
designation, and the AC zoning category allows automotive related uses. Based upon the
above, positive findings can be made with respect to Future Land Use Map Consistency.
Concurrence: Concurrency as defined pursuant to Objective B-2 of the Future Land Use
Element of the Comprehensive Plan must be met and a determination made that the public
facility needs of the requested land use and/or development application will not exceed the
ability of the City to fund and provide, or to require the provision of, needed capital
improvements in order to maintain the Levels of Service Standards established in Table CI-
GOP-1 of the adopted Comprehensive-Plan of the City of Delray Beach.
The proposal involves amending the zoning designation from GC to AC. The current zoning of
GC allows a great variety of uses; however none of these uses have been established. The last
use for the property was the Ralph Buick dealership, which has occupied the site within the last
flue years. For ~ncurrency purposes, an analysis of the last use and the proposed use under
AC would represent similar intensities. When directly comparing the approved use or other uses
allowed under the GC versus those allowed under the AC, a net reduction in intensity is likely.
Thus, concurrency standards will not be negatively impacted. Concurrency findings with respect
to Water and Sewer, and Traffic are further discussed below:
Water 8 Sewer: Water and sewer service is currently available to the subject property. The
Delray Beach Water Treatment Plant and the South Central County Waste Water Treatment
Plant both have adequate capacity to serve the City at build out. An existing 16" water main
exists along Federal Highway and a 10" water main along Florida Boulevard. An 8" sewer main
is also available along Florida Boulevard. Based upon the above, positive findings can be made
with respect to this level of service standard.
Traffic: The last use for the property was Ralph Buick dealership, which occupied the site
within the last five years. For traffic concurrency purposes, the last use, if active within the last
five years, is the vested development potential for the site. The reestablishment of the
dealership use at its original intensity would result in no concurrency issues. If redevelopment of
the dealership at a greater intensity is proposed, a traffic study would be required with the
related site plan submittal.
Consistence: A finding of overall consistency may be made even though the action will
be in conflict wkh some Individual performance standards contained wthin Article 3.2,
provided that the approving body specifically finds that the beneficial aspects of the
proposed project (hence compliance wkh some standards) outweighs the negative
impacts of Identified points of conflict.
Section 3.2.2 (Standards for Rezonlna Actions): Standards A and B are not applicable.
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 zoning developments or zoning currenty 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.
P & Z Staff Report -November 20, 2008 Meeting
Ralph BuMk Rezoning - GC to AC
Page 3
(D) That the rezoning shall result in allowing land uses which are deemed compatible
with adjacent and nearby land use 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 following table identifies the zoning designations and uses that are adjacent to the subject
properly:
Zoning l7esionafion: Use:
North: Planned Commercal (PC) and Medium Shopping Plaza and Residential
Density Residential (RM)
South: Special Activities District (SAD) and Medium Commercial and Single and Multi-
Density Residential (RM) Family Developments
Easf: Medium Density Residential (RM) Multi-Family Developments
West: Automotive Commercial (AC) Automobile Dealerships
The proposal will rezone 6.28 acres from GC to AC. Since the FLUM designation for the
proposed rezoning property and the surrounding areas to the west, north, and south is GC,
there are no compatibility issues. However to the east (rear), the property is adjacent to
residential uses. The reestablishment of the automotive dealership creates some concerns with
respect to compatible with the residential use, specifically as it relates to noise. Within the AC
zoning district auto repair is allowed as an accessory use with an automotive dealership use.
The repair shop element of an auto dealership would produce noises which could adversely
impact the residential area. Many dealerships also have outside public announcement systems
for paging purposes. As it relates to the Ralph Buick facility, the public announcement
mechanism was previously removed at the request of the abutting residential community to
alleviate to noise impact. With the reestablishment of the use, these issues must be reviewed
and steps taken to minimize any adverse impact. The AC designation will allow the
reestablishment of this use which has occupied the site for many years and with sensitive site
planning should not adversely affect the surrounding properties that consist of other commercial
uses to the north, south, west and primarily multiple family developments to the east. Based
upon the above, positive findings with regard to LDR Section 3.2.2(D} could be made.
Section 2.4.5(Dl(51(Rezonlna Findings):
Pursuant to Section 2A.5(D)(5) (Findings), in addition to provisions of Chapter 3, the City
Commission must make a finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sough. These reasons include the following:
a. That the zoning had previously been changed, or was originally established, in
error;
b. 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 aoorooriate for the property based upon
circumstances particular to the site and/or neighborhood.
The applicant has submitted a justification statement, which states the following:
P 8 2 Stag Report -November 20, 2006 Meetlrg
Ralph Buick Rezoning - GC to AC
Page 4
Reason A is met. The zoning has been previously changed from AC to GC by a Confrect
Vendee. However, that Contract Vendee has decided not to purchase fhe property so fhe owner
is seeking to rezone the property back fo its original AC zoning.
Reason B is also met as there has certainly been a change in circumstances which makes the
current zoning GC Inappropriate. The residential market has Dearly changed throughout the
south Florida and Delray Beach so that current zoning, permitted residential units, is no longer
appropriate.
Reason C has also been met because fhe requested zoning if of similar intensity as allowed
under the Future Land Use Map and is more appropriate for the property based upon the
ciroumstances particular to the site and the neighborhood. The current site is currently a vacant
automotive dealership. Policy A-2.4 of the Future Land Use Element of the Comprehensive Plan
indicates that automobile uses an: significant land uses within the City. Objective A-1 of the
Future Land Use Element of the Comprehensive Plan states that properly shah be redeveloped
in a manner so that the use and intensity is appropriate and complimentary to adjacent land
uses and fulfills remaining land use needs. An AC zoning designation would be complimentary
to the surrounding auto dealers.
Additionally, the requested zoning of AC is similar intensity as allowed under the Future Land
Use Map. In fact, the Future Land Use Map designation of GC is consistent with AC zoning
district. This, an AC zoning designation is appropriate for the property based upon fhe
circumstances particular to the site and/or neighborhood.
Therefore, as each of these reasons for approving a change are mei; this rezoning to A C shoukf
be approved.
While an argument can be made that A has been met, that does not apply to B. General
Commercial allows many uses other than residenttal, therefore, arguments narrowly focused on
the state of the residential market are irrelevant. With respect to reason C, while the use may be
of similar intensify and compatible with the adjacent dealerships, it continues to be a concern as
it relates to the adjacent residential uses to the east.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted arb
the following applicable objectives and polices are noted.
COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the
adopted Comprehensive Plan was conducted and the following applicable objectives and
policies are noted:
Future Land Use Element Objective A-1: Property shall be developed or redeveloped /n a
manner so that the future use and intensity is appropriate in terms of soil, topogrephic
and other applicable physical considerations; is complimentary to adjacent land uses;
and fulfills remaining land use needs.
The proposed AC zoning will be complementary with the current uses to the north, south, and
west of the properly, which consist of commercial uses. Even though the properties to the east
are residentially zoned and contain several residential uses, they are buffered by a landscape
strip, a masonry wall, and Florida Boulevard which helps mitigate the commercial impact of the
AC. Additional mitigation measures would be reviewed during the site plan approval process.
P & Z Staff Report- November 20, 2008 Meeting
Ralph Buklc Rezoning - GC Eo AC
Page 5
Pollcv A-2.4: Automobile uses are a significant land use within the Cfty and as such they
have presented unique concerns. In order to properly control these uses and guide them
to locations which best suit the community's future development, the following apply:
4) Automobile dealerships shall be directed In the following areas:
• North of George Bush Boulevard, between Federal and Dixie Highway;
• East side of Federal Highway north of the north property line of the Delray Swap
Shop/Flea Market;
• South of Linton Boulevard, between Federal and Dixie Highway;
• Between the oneanray pairs (Federal Highway), from S.E. 4'" Street to S.E. 10"'
Street; and from N.E. 5'~ Street to George Bush Boulevard;
• On the north side of Linton Boulevard; between 1-85 and S.W. 10'" Avenue, and
Wallace Drive.
The proposed rezoning of the property to AC does not meet this City's Comprehensive Plan
Policy to guide AC uses to spec locations. This property is located south of Linton Boulevard
but not between Federal Highway and Dixie Highway. When the Comprehensive Plan Policy
was adopted, the properly contained a long standing auto dealership. The intent of the policy
was to prevent further introduction of AC uses east of Federal Highway and probably to prevent
the expansion of existing dealerships in the area: Even though the property does not meet this
criterion, it does meet other elements of the Comprehensive Plan as it relates to consistency. A
finding of consistency can be made with partial compliance with some Objective, Policies, and
Goals. Given the long utilization of the property for this use and that no additional expansion
(land use) is proposed, it appears appropriate to allow the AC zoning designation to be
reestablished.
Courtesv Notices:
Courtesy notices have been sent to the following homeowners and/or civic assoaations:
Neighborhood Advisory Councl
Progressive Residents of Delray (PROD)
Presidents Council
Ms. Joann Bordebn, Campbell Management, Tropic Bay Condo
Mr. Tom Southerland, Tropic Bay
Mr. Jim Mun-ay, Tropic Bay
Mr. Charles Nunes, Pelican Harbor
Mr. Harvey Starin, Pelign Harbor
Public Notice:
Formal public notice has been provided to properly owners within a 500' radius of the subject
property. Letters of support or objection, if any, will be presented at the Planning and Zoning
Board meeting.
P 8 2 Staff Report - November 20, 2006 Meeting
Ralph Buick Razoninp - GC to AC
Page 6
The proposed rezoning from GC to AC is consistent with most of the goals, objectives and/or
policies of the City's Comprehensive Plan, and LDR Sections 2.4.5(D)(5), 3.1.1 and 3.2.2(D).
Positive findings can be made with respect to Concurrency and Compatibility with the
surrounding land uses.
With regard to LDR Sections 2.4.5(D)(5) and 3.2.2 (C) and (D), the proposed rezoning of the
subject property to AC is appropriate. The subject properly is located within an area containing
mixed-use of commercial, residential, and automotive uses. Both the current zoning of GC and
the proposed rezoning of AC are appropriate zoning designation for the property based on the
FLUM designation of GC. The AC rezoning would allow the reestablishment of the long standing
auto dealership, which has operated within the last five years and it will be insistent with the
Comprehensive Plan and FLUM designation of GC. Based upon the above, a recommendation
of approval can be made to the City Commission for the proposed rezoning.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the privately initiated
rezoning from GC to AC for the subject properly, by adopting the findings of fact and law
contained in the staff report, and finding that the request is consistent with the
Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2
of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the privately initiated
rezoning from GC to AC for the subject property, by adopting the findings of fact and law
contained in the staff report, and finding that the request is inwnsistent with the
Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1
and 3.2.2 of the Land Development Regulations.
D. Board's Discretion.
Move a recommendation of approval to the City Commission for the privately initiated rezoning
from GC to AC for the subject property, by adopting the findings of fact and law contained in the
staff report, and finding that the request is consistent with the Comprehensive Plan and meets
the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
Altadxnents LocetionrLminp Map
Report prepared by: Denkk L. Cook. Planner
I
L I N T O N
B
O U L E
V A R D
C V ROYAL SUN BANK
PALM NA110N5
MORTGAGE BANK
BURGER LINTON
P ~ KING CENTER
DELRAY INDUSTRIAL
PARK I
SOLID WASTE
TRANSFER
STATION
@ }
CF 3
7HE
~
DELRAY
~ _
`_"
VININGS MILLER " LINCOLN _
= ~
FIELD MERCURY
J
Q
AC
0
W
W
} L~
3
x
~
DANeBURNS
MILLER
=
OLOSMOBILE
PARK
R
ED MORSE
CA
W P C A~.
_
'~
TON
~
SHERWOO DELRAY
PLAZA
O ~ R GMC TRUCKS
COUNTRY P
d
ES TE SHERWOOD Z
PONTIAC
CONnO.S
Y
BUCKY DENYS
ISEBALL SCHOOL
TOYOTA
USED CARS
N REZONING FOR RALPH BUICK DEALERSHIP
~-
air ar oeuur ae~ot rti FROM GC (GENERAL COMMERCIAL) TO AC (AUTOMOTIVE COMMERCIAL)
rwiwrw a zaawc ocvutnEr+r
~- arn~c eau uw ss7Fw --
u~w r~s: weas
CC : ~.~„.~(da-
M
ti
0
0
N
a
x
a
w
T
W
LL
N
3
d
Z
L
U
N
W
m
T
N
W
e
0
U
O
m
E
0
u
N
3
W
C
N
U
O